Privacy Policy

01Information We Collect

1.1 Information Customer Provides

We collect information provided directly by Customer and its authorized users:

• Account registration information (name, email address, company name, job title, phone number)
• Billing and payment information
• Communications sent to us
• Information provided through support requests or onboarding

1.2 Platform and Advertising Data

Consistent with Section 6 of our Agreement, Customer grants Provider limited rights to collect and process data. Through Customer's use of the platform and integrations, we collect and process:

• Advertising account data, campaign data, and performance metrics
• CRM, pipeline, and revenue data Customer connects to the platform
• Conversion and attribution data
• Site analytics and visitor behavior data collected through Provider's scripts
• Any other data Customer provides access to through platform integrations

1.3 Information Collected Automatically

When Customer or its users access the platform, we automatically collect:

• IP addresses and geolocation data
• Device identifiers and browser information
• Usage data, including pages viewed, features used, and session duration
• Cookies and similar tracking technologies
• Log data and access timestamps

1.4 Information from Third Parties

We may collect information about Customer from:

• Advertising platforms and technology partners
• Data enrichment providers
• Publicly available sources

1.5 Prospects and Marketing Leads

When you submit information through a lead form (including forms hosted on third-party platforms such as Meta), download a guide, or book a meeting with us, we collect the information you provide, which may include your name, work email address, phone number, company name, job title, and responses to qualifying questions (such as advertising budget or platforms used). We may supplement this information with data from enrichment providers and publicly available sources to determine fit for our services.

02How We Use Information

We use information for any lawful purpose, including:

• Providing, operating, and improving the platform and services
• Processing transactions and managing Customer accounts
• Analyzing platform usage and developing new features
• Training, improving, and developing our algorithms, models, and machine learning capabilities (Provider retains all intellectual property rights in such derivative works per Section 2.1 of our Agreement)
• Creating aggregated, anonymized, or de-identified datasets for analytics, benchmarking, or broader business initiatives (per Section 6.2 of our Agreement)
• Communicating with Customer about the platform, including service updates and marketing
• Contacting Prospects about our services by email, phone, and text message (including SMS and iMessage), where permitted by law and consistent with any consent provided
• Evaluating, scoring, and qualifying leads for sales purposes
• Measuring and optimizing our advertising, including sending conversion signals and lead status updates to advertising platforms
• Generating performance results, case studies, and testimonials (per Section 12 of our Agreement)
• Complying with legal obligations
• Enforcing our agreements
• Protecting the security and integrity of the platform

03How We Share Information

3.1 Service Providers

We share information with third parties that perform services on our behalf, including hosting, analytics, payment processing, and customer support.

3.2 Advertising and Analytics Partners

We may share information with advertising networks and analytics providers to market our services and analyze platform usage.

3.3 Marketing and Publicity

Consistent with Section 12 of our Agreement:

• We may use Customer's name and logo in marketing materials, website, presentations, and customer lists to identify Customer as a client.
• We may develop and publish case studies, testimonials, or performance summaries referencing Customer's use of the services.
• We will not disclose confidential or proprietary information without Customer's prior written approval, consistent with Section 3 of our Agreement.
• Customer may revoke these rights with written notice, and we will make commercially reasonable efforts to remove references from future materials.

3.4 Aggregated and De-Identified Data

Per Section 6.2 of our Agreement, we may use and share aggregated or anonymized data derived from Customer's usage for analytics, benchmarking, or to support broader business initiatives, without restriction. This includes performance benchmarks, industry trends, and platform analytics.

3.5 Corporate Transactions

In connection with any merger, acquisition, financing, reorganization, bankruptcy, or sale of assets, information may be transferred to a successor or affiliate.

3.6 Legal Compliance and Protection

We may disclose information when necessary to:

• Comply with applicable law, regulation, or legal process
• Protect the rights, property, or safety of Provider, our customers, or others
• Respond to claims that content violates the rights of third parties
• Enforce our agreements

3.7 Conversion Data Shared with Advertising Platforms

We share limited information with advertising platforms (such as Meta) to measure and improve our advertising, including hashed contact identifiers and lead status or conversion events transmitted through server-side interfaces. These platforms process this information under their own privacy policies.

04Customer Compliance Responsibilities

Per Section 11.2 of our Agreement, Customer is solely responsible for ensuring compliance with all applicable laws, regulations, and industry standards in connection with its use of Provider's services, including but not limited to:

• Cookie consent banners
• Privacy notices
• Data collection disclosures
• Any other requirements under applicable privacy laws (including GDPR, CCPA, and other data protection regulations)

Provider shall not be responsible for any fines, claims, or regulatory issues arising from Customer's failure to comply with applicable privacy laws.

05Data Retention

We retain information for as long as necessary to provide the platform and services, comply with legal obligations, resolve disputes, and enforce our agreements. We may retain aggregated, anonymized, or de-identified data indefinitely for analytics, benchmarking, research, and product development purposes.

06Cookies and Tracking

We use cookies, pixels, Provider scripts, and similar technologies to operate the platform, collect data, analyze usage, and deliver marketing. We also use third-party advertising pixels and tags (including the Meta Pixel) on our websites to measure ad performance and to build advertising audiences, including retargeting audiences based on pages visited. Customer may adjust browser settings to refuse cookies, but this may affect platform functionality. We do not respond to "Do Not Track" signals.

07Security

We implement reasonable administrative, technical, and physical safeguards. However, per Section 5.1 of our Agreement, the platform is provided "as is" and without guarantees. We cannot guarantee absolute security of information.

08Third-Party Platforms and Integrations

The platform integrates with third-party advertising platforms and services. Per Section 5.3 of our Agreement, Customer acknowledges that the effectiveness and stability of the services depend on multiple external factors, including ad platform behavior, site infrastructure, and data flow. We are not responsible for the privacy practices of third-party platforms, and Customer's use of such integrations is subject to those third parties' terms and policies.

09Children

The platform is not directed to individuals under 16, and we do not knowingly collect information from individuals under 16.

10International Transfers

Provider is based in the United States. By using the platform, Customer consents to the transfer of information to the United States, which may have different data protection laws than Customer's jurisdiction.

11Customer Rights and Choices

11.1 Account Information

Customer may access and update account information by logging into the platform or contacting us.

11.2 Marketing Communications

Customer and Prospects may opt out of marketing emails by clicking "unsubscribe" in any marketing email, and may opt out of marketing text messages by replying STOP. Customers may not opt out of transactional or service-related communications.

11.3 Marketing and Publicity Permissions

Per Section 12.3 of our Agreement, Customer may revoke marketing and publicity rights with written notice, and we will make commercially reasonable efforts to remove references from future materials.

11.4 California Residents

California residents may have rights under the California Consumer Privacy Act, including the right to know, delete, correct, and opt out of the sale or sharing of personal information. To exercise these rights, contact us at privacy@addiehq.com. We will verify identity before processing requests.

For purposes of California law, we may "sell" or "share" identifiers, commercial information, and internet activity with advertising and analytics partners.

11.5 Other Jurisdictions

Residents of other jurisdictions may have additional rights under applicable law. Contact us to submit a request.

12Text Messaging

Where you provide your phone number and consent to receive text messages from us, we may send you messages about our services, including follow-ups related to content you requested. Message frequency varies. Message and data rates may apply. Consent to receive text messages is not a condition of any purchase. You may opt out at any time by replying STOP, and reply HELP for help. Opt-out requests apply to marketing messages; we may still send transactional messages related to an active service relationship.

13Confidentiality

Per Section 3 of our Agreement, each party agrees to treat non-public information—including model outputs, pricing, business practices, customer data, and trial/POC results—as confidential unless otherwise agreed in writing. This does not apply to information already public or legally required to be disclosed.

14Limitation of Liability

Per Section 7 of our Agreement:

• Provider's total liability for any claim related to this Policy shall not exceed fees paid by Customer in the 3 months prior to a claim.
• Neither party shall be liable for indirect, consequential, or punitive damages.

15Indemnification

Per Section 11.4 of our Agreement, Customer shall defend, indemnify, and hold harmless Provider and its affiliates, officers, and employees from and against any third-party claims, damages, losses, liabilities, or costs (including reasonable attorneys' fees) resulting from:

• Customer's misuse of the services
• Breach of any agreement with Provider
• Failure to comply with applicable laws or regulations

16Dispute Resolution

Per Section 9 of our Agreement, any dispute arising out of or relating to this Policy will be resolved through binding arbitration in Delaware. Both parties waive the right to a trial by jury.

17Governing Law

This Policy is governed by the laws of the State of Delaware, without regard to conflict-of-laws rules.

18Updates to This Policy

Provider may update this Policy periodically. Customer's continued use of the platform after changes are posted constitutes acceptance of the updated Policy.

19Priority of Agreements

If Customer and Provider enter into a separate, signed agreement governing privacy, data processing, or any related subject, that agreement will supersede this Policy to the extent of any conflict.

20Contact

Questions about this Policy may be directed to:

Octane Software, Inc.
privacy@addiehq.com