Effective Date: January 24, 2017
This Privacy Statement applies to www.xactlycorp.com and the Xactly platforms; Xactly Incent Enterprise™, Xactly Incent Express™, Xactly Insights™ and Xactly Objectives™ owned and operated by Xactly Corporation (“Xactly” or “we”). Xactly has created this privacy statement (“Statement”) in order to demonstrate our commitment to data privacy. Privacy on the www.xactlycorp.com Web Site (the “Site) and the Xactly platforms; Xactly Incent Enterprise, Xactly Insights, Xactly Quota and Xactly Objectives (the “Platform”) is of great importance to us. Since we gather sensitive information from our visitors and customers, we have established this Statement to communicate our information gathering and management practices as well the choices we have made regarding how we use the information we collect. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. In an effort to ensure the highest levels of data privacy, our standards meet or exceed the U.S. Department of Commerce’s “Safe Harbor” standards. If you have any questions regarding this policy please contact us via email at firstname.lastname@example.org.
Xactly complies with the U.S.–Swiss Safe Harbor Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from Switzerland. Xactly has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Xactly’s certification, please visit https://safeharbor.export.gov/swisslist.aspx.
The use of information collected through our service shall be limited to the purpose of providing the service for which the Client has engaged Xactly.
In order to access certain portions of the Site, you will be required to register by providing certain limited information regarding you and the company you represent such as name, email address, address and phone number. Xactly collects this information and engages third parties to collect personal information to assist us for a variety of reasons, including personalizing your experience, contacting visitors to further discuss their interest in our company, when you register for a webinar or other informational offering, and sending information regarding our company, such as newsletters and events. Xactly and the third parties we engage may combine the information we collect with information obtained from other sources to help us improve its overall accuracy and completeness, and to help us better tailor our interactions with you. Visitor and any personal customer information will not be distributed or shared with any third parties under any circumstance other than as outlined in this Statement. Customers can opt out of being contacted by us, or receiving such information from us, at any time by following the unsubscribe instructions contained in the email communications you receive or by sending an email to email@example.com.
When you download our mobile application and use our Services, we automatically collect information on the type of device you use and operating system version.
Cookies and other Web Technologies
When you interact with the www.xactlycorp.com Site and Platform, we strive to make that experience easy and meaningful. When you come to our Site and Platform, our Web server may send a cookie to your computer. Cookies are files that Web browsers place on a computer’s hard drive and are used to tell us whether customers and visitors have visited the Site previously. Standing alone, cookies do not identify you personally. They merely recognize your browser. Unless you choose to identify yourself to Xactly either by requesting a download or registering for a demo or webinar, you remain anonymous to Xactly. If you do not accept cookies from the domain “www.xactlycorp.com”, you cannot access certain portions of the Site or Platform without registering again each time you would like to access restricted information.
As is true of most websites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We use IP addresses to analyze trends, administer the Site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses and other data that we automatically collect are not linked to personally identifiable information. We may work with partners or sponsors to provide access to content. When you access such content, we may share your personally identifiable information with the associated partners or sponsors.
We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.
Social Media Features
We display personal testimonials of satisfied customers on our website in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at firstname.lastname@example.org.
Users Outside of the United States
While we make every effort to honor the laws and wishes of all users, this Site is available for users located primarily in the United States of America and therefore may or may not address privacy requirements contained in non-domestic legislation.
Xactly takes substantial precautions to protect data and information under its control from misuse, loss or alteration. We utilize some of the most advanced technology available today for Internet security and are constantly taking measures to adjust to the changing security landscape. As such, Xactly maintains layered, defense in-depth security measures, including hosting our solution in a Tier IV (the highest recognized level) datacenter, to allow only authorized personnel access to your information. When you provide us with sensitive information (such as your login credentials) we transmit your personal information via SSL encryption. Unfortunately, no system can ensure complete security, and Xactly disclaims any liability resulting from use of the Site. If you have any questions regarding security on our web site, you can contact us at email@example.com.
Links to Third-Party Sites
The Site contains links to other Web Sites. Xactly is not responsible for the privacy practices or the content of these other Web Sites. Visitors are advised to check the policy statements of other Web Sites to understand their policies. Accessing a linked site may expose your private information.
Xactly provides you with a choice to opt out of disclosure of your personal information to a third party or the use of personal information for something other than it was originally collected.
Xactly collects information under the direction of its customers, and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of Xactly’s customer (the data controller) and would no longer like to be contacted by one of our customer that use our service, please contact the Xactly customer that you interact with directly.
Xactly may transfer personal information to companies that help us provide our services to our customers and users such as an email service provider to send emails on our behalf and a career management partner to collect potential employee information. Transfers to these third parties are covered by the provisions in this Policy regarding notice and choice and the service agreements with our Clients.
We reserve the right to disclose personal information as required by law, such as to comply with a subpoena, bankruptcy proceedings, or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
In the event Xactly goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via either email or prominent notice on our Web site for 30 days of any such change in ownership or control of your personal information.
Xactly shall use information collected for its relevant and intended purpose only. If there is any change of use of the personal information collected, Xactly shall inform you and gain your approval before making such changes of the use of the personal information collected. Further, Xactly shall take reasonable steps to ensure that the personal information collected is accurate and reliable for its intended use.
Access to Personal Information Received
Upon request Xactly shall provide you with information about whether we hold any of your personal information and reasonable access, as required by law, to your personal information in order to confirm that it is correct or to amend or delete inaccurate information. If you need to correct, update, or remove personal information provided to Xactly, please contact Xactly at firstname.lastname@example.org or by our postal mail at the contact information listed below. Xactly has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Xactly’s customer (the data controller). If the customer requests Xactly to remove the data they can contact us at: email@example.com. We will endeavor to respond to all requests for access within 30 days.
Xactly acknowledges that you have the right to access your personal information. Xactly has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Xactly’s customer (the data controller). If the customer requests Xactly to remove the data they can contact us at: firstname.lastname@example.org. We will endeavor to respond to all requests for access within 30 days.
Xactly will retain your personal information and the personal information we process on behalf of our customers for as long as needed provide services to our customers. Xactly will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
300 Park Ave #1700
San Jose, CA 95110
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Privacy Principles. Appropriate notice of any material amendments we will notify you by email (sent to the e-mail address specified in your account) or by means of a prominent notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
For additional questions, or to be taken off our marketing lists, please send an e-mail to email@example.com or to the contact information above.