Privacy Policy

Effective date: March 21, 2024

Who Are We?

We are Actian Corporation (a wholly owned subsidiary of HCL Technologies Ltd) and its subsidiaries (hereinafter “Actian,” “We,” “Our” or “Us”). Actian is the Data Controller of your Personal Data as described in this Privacy Statement, unless otherwise specified.

Actian is committed to protecting your Personal Data and respecting your privacy and your rights, and this statement is intended to provide you with information about how your Personal Data is processed.

EU-U.S. Data Privacy Framework/ UK Extension to the EU-U.S. Data Privacy Framework/ and the Swiss-U.S. Data Privacy Framework

Actian complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce for non-HR data.  Actian has certified to the U.S. Department of Commerce that for non-HR data it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF.  Actian has certified to the U.S. Department of Commerce that for non-HR data it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

For HR data, Actian shall continue to utilize applicable standard contractual clauses as the mechanism for cross-border transfers of personal data.

What Does This Privacy Statement Cover?

This Privacy Statement applies to any Personal Data that Actian processes about you that may be collected directly from you when you interact with Us or from third parties, such as when you:

• Visit Our public-facing Actian branded websites and other online services including social media pages;
• Send or receive communications to/from Us, including emails, phone calls, texts or via social media;
• Use Our products and services (for example, as an employee of one of our customers who provided you with access to our products or services) to the extent that We are acting as a controller of your Personal Data. You should be aware that processing of Personal Data is required for receiving certain products or services;
• Register for, attend, or take part in activities such as events, webinars, training, campaigns, or contests;
• Visit Our offices;
• Apply for a job with Us;
• Access, use, or download content from Us (such as newsletters, Whitepapers, and reports).

Actian offers a bot on Actian’s website as a convenience to you.  The bot is not a substitute for direct communication with Actian, and all information available to you through the bot is also available to you directly through Actian.  Because the bot utilizes artificial intelligence to communicate with you, the bot may provide information that is inaccurate to your requests in its interactions with you.  Actian will not be liable to you or any third party for the bot providing inaccurate information to you.

For further information on what cookies We use on our Actian branded websites please visit our Cookies Policy.

This Privacy Statement will be available via a link on all sites and services that it covers. In the event that other Actian websites or Actian online services collect and use Personal Data about you for purposes other than those stated in this Privacy Statement, Actian will accordingly publish a separate policy statement or terms and conditions specific to the processing activity.

Our websites and services may contain links to other websites, applications and services not owned by Actian, and We do not control the content or privacy practices of those sites. The information practices of other services, or of social media platforms that host Our branded social media pages, are governed by their privacy statements, which you should review to better understand their privacy practices.

Our websites and offerings are directed to people in their business or professional capacities. They are not intended for children under 16 years of age. We do not knowingly solicit information online from, or market online to, children under 16 years of age. If you are a parent or guardian and believe your child has provided Us with Personal Data without your consent, please contact Us in the manner indicated below, and We will take steps to delete their Personal Data from our systems.

This Privacy Statement does not apply to the extent We process Personal Data in the role of a data processor or service provider, including Personal Data processed on behalf of our customers when they utilize our products or services.

What Personal Data Do We Process?

For the purposes of this Statement, “Personal Data” means any information about you from which you can be identified, whether derived from that information on its own or when combined with other information, that We or another party may hold about you.

Types of data: The types of Personal Data We process depends on the nature of your interaction with us, which may include the Personal Data as described in the table below:

Interactions Where Personal Data is Collected	Type of Personal Data Processed
Visit Our public-facing Actian branded websites and other online services, other than social media pages:	Internet or other electronic network activity information, such as information about your usage of the Services, pseudonymous IDs, clickstream data, device and connection information, browser information (including location, country, and language preference), crash data, referring/exit URLs, IP address ; Identifiers, such as first name, last name, business email address, unique identifiers associated with user or user account, IP address.
Visit Our public-facing Actian branded social media pages:	Personal Data is generally not collected, unless you opt to download any Actian content, in which case the Personal Data processed will be as described in the “Access, use, or download content from Us (such as newsletters, Whitepapers, and reports)” section below.
Send or receive communications to/from Us, including emails, phone calls, and texts:	Identifiers, such as first name, last name, email address, business phone number, mobile phone number. Professional or employment information, such as job title, company name, company address. Commercial information, such as purchase details, transaction records, billing information, billing address, payment card details, company address.
Use Our products and services to the extent that We are acting as a controller of your Personal Data:	Identifiers, such as first name, last name, business email address, unique identifiers associated with user or user account, IP address, business phone number, country. Professional or employment information, such as job title, company name. Commercial information, such as purchase details, transaction records, billing information, billing address, ship to address, payment card details.
Register for, attend, or take part in activities such as events, webinars, training, campaigns, or contests:	Identifiers, such as first name, last name, business email address, and country. Professional or employment information, such as job title, company name.
Apply for a job with Us:	Identifiers, such as first name, last name, unique identifiers associated with social media accounts. Your resume or CV, cover letter, previous and/or relevant work experience or other experience, education, transcripts, or other information you provide to us in support of an application and/or the application and recruitment process. Home address, personal e-mail address. personal phone number, business phone number and other contact information. Work permit (foreign employees). Criminal convictions/offenses (as legally permitted). Any sensitive and/or demographic information processed during the application or recruitment process such as gender, information about your citizenship and/or nationality, medical or health information and/or your racial or ethnic origin.
Access, use, or download content from Us (such as newsletters, whitepapers, and reports):	Identifiers, such as: name, business email address, and country. Professional or employment information, such as job title, company name.
Visit Our offices:	Identifiers, such as first name, last name. Professional or employment information, such as job title, company name.

We may collect Personal Data about you from a third party who is authorized to act on your behalf or from third party services that you use to interact with our services. We may also collect your Personal Data from other sources  such as public databases, joint marketing partners, and social media platforms, to the extent permitted by applicable laws.

If you provide Us with any Personal Data relating to other individuals, you represent that you have the authority to do so and, where required, you have obtained any necessary consent. You acknowledge that this Personal Data may be used in accordance with this Privacy Statement.

Categories of Information We Collect Automatically Through Cookies and Other Tracking Technologies

Cookies:

Like many companies, We use “cookies” on some of Our websites.  Cookies are files containing code placed on your device when you visit certain website.  We use these to tell Us, for example, whether you have visited our websites before or if you are a new visitor, and to help Us identify features of the websites in that may interest you.  Cookies may enhance your online experience by saving your preferences while you are visiting a particular website. For more information on how to stop accepting new cookies, disable cookies or receive a notification when you receive a new cookie, please refer to our Cookies Policy. Without cookies, you may not be able to take full advantage of the features and functionality of the websites.

Web Beacons and Tracking Pixels:

Certain pages on Our website may contain “web beacons” and/or “tracking pixels”.  These allow third parties to obtain information, for example, the IP address of the computer that the page on which the beacon / pixel appears was downloaded; the URL of the page that the beacon / pixel appears; the time that the page was viewed; the type of browser used to view the page, and the information in cookies set by third parties. When your browser connects to a third party’s web server to retrieve content, that third party can set or read its own cookies on your device and may collect information about your online activities over time and across different websites or online activities that also contain that third party’s content, tracking pixels or web beacons. A number of browsers have privacy extensions to block these activities, but doing so may result in the website not appearing correctly and some links may not function.

Do Not Track

Some internet browsers offer a “do not track” or “DNT” option that lets you tell websites that you do not want to have your online activities tracked, however these features are not yet uniform and there is no common standard adopted by industry groups, technology companies, or regulators. Therefore, We do not currently commit to responding to browsers’ DNT signals with respect to Our websites. Actian takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

Why Do We Process Your Personal Data?

We process your Personal Data for specified and lawful purposes, including but not limited to as permitted under Article 6 of the GDPR, only and in accordance with the applicable data protection laws.

Your Personal Data will be processed by Actian for the following purposes:

Legal Basis	Why We Process Your Data
Legitimate interest	To provide, develop, and improve Our products, websites (including any bot on the www.actian.com website), and services, and to assess and improve user experience To prevent fraud or criminal activity and to safeguard the security of Our interest including our websites and services. To identify and assess customer interest and opportunities. To provide reference materials (Whitepapers, vision documents etc.) and manage corporate event registration and attendance. To the extent permitted by applicable laws and regulations, to conduct marketing activities, including sending or displaying product and services-related materials, and also to have our distributors, resellers, or partners notify you about our products or services or their related products or services (such as via joint sales or product promotions), and managing user and event registrations. To the extent permitted by applicable laws, to record phone and/or video calls and chats for training, quality assurance and administrative purposes. To register office visitors.
For taking steps at your request prior to entering into a contract and/or for performance of a contract	To provide and deliver our products and services (directly or via our distributors, resellers, or partners), and our partners’ related products or services, including managing our licenses, registrations, subscriptions, user access, capacity, billing/payments, support, purchases, etc. To provide you with requested materials, information, when you interact with Us, answer your queries. To manage contests or promotions. To manage billing and payments. To manage the relationship established with you.
Compliance with Legal Obligations	To comply with legal obligations to which We are subject, such as keeping records for tax, employment, social security, and immigration law purposes, or providing information to a public body, or law enforcement or government agencies.
Consent	Subject to local data protection regulations, where consent is required, to: Send you marketing communications after you have opted into such communications and until such time, if any, as  you have objected to or opted out of such communications). Call or send you communications to discuss any new products or services or provide you with offers and trials. To customize individuals’ online experience and improve the performance, usability and effectiveness of Actian’s online presence. To collect and process information from your device.

How Long Do We Retain Your Personal Data?

We retain your Personal Data for as long as it is necessary to fulfill the purposes for which it was collected, or longer if required to fulfill our legal and contractual obligations. After expiration of the retention period, your Personal Data will be deleted. If We are unable to completely delete the Personal Data from our systems, We will ensure that there are appropriate measures in place to secure the information and protect it from further use.

What Are Your Rights and How Can You Exercise Them?

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Actian Corporation commits to resolve DPF Principles-related complaints about our collection and use of your personal information.  EU individuals, UK individuals, and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact Actian Corporation at: privacy@actian.com.

Depending on your relationship with Actian and in line with local data protection laws, you may have several rights in relation to your Personal Data such as access, rectification, erasure, restriction of processing, objection, withdrawal of consent, not to be subject to decisions based on automated processing, opt out of marketing communications, right to lodge a complaint, data portability, etc. Please note, these rights are subject to exemptions and may not apply in all circumstances. If you wish to exercise these rights, Actian will provide you with the requested information or will action your request within one month after receipt of your verified request, subject to any extensions that may be required and communicated to you.

There may be a possibility for you, under certain conditions, to invoke binding arbitration, in accordance with Annex I of the DPF Principles: https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset35584=2

This provides that you may invoke binding arbitration by delivering notice to Actian Corporation and following the procedures and subject to conditions set forth in Annex I of the Principles.

Please note that we are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

You can use the following channels to exercise your rights or request more information about your rights:

• If you have any comments or inquiries, you may Actian’s Privacy Office via email at privacy@actian.com.
• If you are a California resident, please visit our Privacy Statement for California Residents for more details about your rights under the California Consumer Privacy Act of 2018 (‘CCPA’), as amended by the California Privacy Rights Act of 2020 (‘CPRA’), and other California privacy laws.
• You may opt out of marketing communications by clicking on the “unsubscribe” link located on the bottom of all Actian marketing emails.  Please note that you may continue to receive transactional or other business communications that are associated with our business relationship with you.
• When you visit an Actian website, third party targeting cookies, if any, will only be present if that is in accordance with our Cookies Policy, and in line with your cookie choices.

With Whom Do We Share Your Personal Data?

Actian and its parent company HCL Technologies are global organizations and your Personal Data may be transferred for any of the above purposes to different locations around the world. These transfers will be undertaken in compliance with applicable laws and regulations.

If it is necessary to transfer your Personal Data from its place of origin or your place of residence to countries that do not offer adequate protections, then We will ensure that appropriate safeguards, as required by applicable laws, are in place prior to the transfer of the Personal Data. Such safeguards may include Standard Contractual Clauses (more information about such clauses is available here) or other legally recognized data transfer mechanism.

We may transfer or share your Personal Data with third parties such as our service providers and vendors, business partners, professional and corporate advisors, public or government authorities including law enforcement, network providers, third party websites, and our affiliates or subsidiaries.

When required, Actian may disclose your Personal Data to external law enforcement bodies or regulatory authorities, in order to comply with legal obligations. We may also disclose your Personal Data where mandated by law and as further required 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.

If We are involved in a merger, reorganization, dissolution or other fundamental corporate change, We may need to share your information with a third party, in compliance with applicable laws.

If you are a California resident and have opted out of the sharing of your data in line with the Privacy Statement for California Residents, Actian will handle your personal data in accordance with the preferences registered there.

How Do We Safeguard Your Personal Data?

We use a range of security measures to protect your Personal Data from unauthorized or unlawful access, loss, disclosure, or alteration, including technical, organizational and physical measures. We have appropriate controls, policies, and procedures to help safeguard against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure of, or access to, the Personal Data we process or use.

EU/ US/ Swiss Data Subjects

For information subject to an onward transfer by us under the EU-U.S. DPF, UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, we will remain liable under the applicable EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles if a recipient of your protected personal information processes such personal information in a manner inconsistent with such Principles, unless we are able to prove that we are not responsible for the event giving rise to the damage.

How Can You Contact Us if You Have Any Questions?

If you have any questions about this Privacy Statement, you can contact the Actian Privacy Office by emailing privacy@actian.com.

If you are in the EEA you can contact our Data Protection Officer at dpo@hewardmills.com, Heward Mills Limited, Fitzwilliam Hall, Fitzwilliam Place, Dublin 2, DO2 T292

How to Initiate Alternative Dispute Resolution Under the EU-U.S. DPF, UK Extension to the EU-U.S. DPF  and the Swiss-U.S. DPF

In compliance with the EU-U.S. DPF, UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Actian Corporation commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, UK Extension to the EU-U.S. DPF,  and the Swiss-U.S. DPF to TrustArc Inc., an alternative dispute resolution provider based in the United States.  If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint.  The services of TrustArc Inc. are provided at no cost to you.

How Will We Update This Privacy Statement?

We may amend this Privacy Statement from time to time. If We materially change our Privacy Statement, We will update the “Effective Date” at the top of the Privacy Statement, and We may provide notice prior to the update taking effect by posting a notice on our website or, where required by law, by providing you with notice of such updates.