Multi-Regional Data Hosting Policy

Last Updated: March 28, 2024

This Multi-Regional Data Hosting Policy (“Policy”) describes where Contact Data can be hosted by ActiveCampaign for eligible customers. This Policy forms an integral part of the ActiveCampaign Terms of Service (“Terms”).

Starting from February 19, 2024, ActiveCampaign’s data center in the European Union (“EUDC”) became generally available to eligible customers for data hosting in this region. In addition, with effect from March 21, 2024, ActiveCampaign’s data center in the Asia-Pacific (“APACDC”) became generally available to eligible customers.

Please read this Policy carefully before using our Services to understand where your Contact Data can be hosted.

1) Definitions, Interpretation and Applicability

(a)  All capitalized terms used but not otherwise defined in this Policy will have the meaning given to them in the Terms.

(b)  In addition, the following terms, when used in this Policy (whether or not they are capitalized), will have the following meaning:

  • Exclusions” means the Services and related processing of Contact Data not covered by this Policy and which will continue outside of the Region, as may be further described in Section 3 below.
  • Hosting” or “Hosted” means the storing, hosting, or replicating of Contact Data, including for archival and backup purposes.
  • Process” or “Processing” means any operation or set of operations which is performed on data, whether or not by automated means, such as the access, collection, use, storage, disclosure, dissemination, combination, recording, organization, structuring, adaption, alteration, copying, transfer, retrieval, consultation, disposal, restriction, erasure and/or destruction of data.
  • Region” means the region or geographic area where your Contact Data is primarily hosted within our cloud infrastructure.

(c)  The EUDC and the APACDC will be considered part of ActiveCampaign’s Services and all terms and conditions of the Terms will apply to this Policy. In the event of any conflict between this Policy and the Terms, this Policy will govern, supersede and prevail. There will be no presumption that any ambiguities in this Policy will be construed or interpreted against the drafter.

(d)  This Policy does not apply to: (i) Contact Data hosted by or exported to your own servers; (ii) Contact Data processed in connection with a Beta Feature or the Conversations Platform; or (iii) Contact Data hosted or processed by third parties that offer services, features or functionality in connection with our Services (including but not limited to any integrations that you use in conjunction with your ActiveCampaign account). You acknowledge and agree that we do not operate the services, features or functionality offered by third parties and we do not control where such third party providers may host your data, which is entirely between you and the applicable third party provider. Please contact the applicable third party provider directly if you have questions about the hosting or processing of your data through their services.

2) Regions

(a)  If:

      (i) you are located in Europe, the Middle East or Africa (based on your IP address when you sign up for our Services or, if provided with the option during enrollment, country selection when you create the ActiveCampaign account); and

      (ii) you create the ActiveCampaign account on or after:

  • February 19, 2024 (in the case of Spain only);
  • March 14, 2024 (in the case of Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Greece, Greenland, Hungary, Iceland, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Sweden, Ukraine, United Arab Emirates, or the United Kingdom); or
  • March 28, 2024 (in the case of all other countries in Europe, the Middle East or Africa),

      the Region can be the European Union.

(b) If you are located in the Asia-Pacific (based on your IP address when you sign up for our Services or, if provided with the option during enrollment, country selection when you create the ActiveCampaign account) and you create the ActiveCampaign account on or after March 21, 2024, the Region can be Australia.

(c)  If you do not meet the eligibility requirements set out in Section 2(a) or Section 2(b), then ActiveCampaign may set the Region to the United States by default and otherwise makes no commitments regarding the hosting location of Contact Data.

3) Exclusions

Contact Data may be processed outside of the Region for the following Exclusions:

(a)  Customer Support. ActiveCampaign Parties may process your Contact Data outside of the Region in order to provide customer support and/or respond to your questions or requests.

(b)  Security and Compliance. ActiveCampaign Parties may process your Contact Data outside of the Region to investigate or remediate security incidents and/or suspected violations of the Terms, including our Acceptable Use Policy.

(c)  User Access. If you log in to your account from a location outside of the Region, your Contact Data may be accessed from, and transferred to, that location. Any access and/or transfer of Contact Data by you is entirely your responsibility.

(d)  Sub-processors. ActiveCampaign uses Sub-processors to provide our Services. By using our Services and, if you have established a Data Processing Addendum with us, by authorizing ActiveCampaign to engage Sub-processors under that Data Processing Addendum, you agree to Contact Data being processed by Sub-processors in the locations where they operate (whether within or outside of the Region).

4) Hosting Disclaimer

You acknowledge and agree that while your Contact Data can be primarily hosted in the Region: (i) ActiveCampaign is located in the United States and certain hosting and processing may continue outside of the Region, including in the United States and other locations where ActiveCampaign Parties and Sub-processors operate; (ii) your Contact Data may be transferred or accessed outside of the Region if you access or use our Services outside of the Region; (iii) we make no representation or warranty that this Policy, or the hosting of your Contact Data in the Region, is legally sufficient to meet your obligations under applicable law, including any data residency requirements; and (iv) you are solely responsible for complying with all of your obligations under applicable law.

5) Updates

We reserve the right to modify this Policy at any time by posting an updated Policy on our website. If we make changes, we will notify you by revising the date at the top of this Policy. We may also, in our sole discretion, attempt to notify you by sending an email notification to the address associated with your account. Unless we say otherwise in our notice, the updated Policy will be effective immediately. You are responsible for regularly reviewing this Policy and your continued use of the Services, which include the EUDC and the APACDC, after the effective date of such change constitutes consideration and your acceptance of the updated Policy. If you do not agree to the updated Policy, you must stop accessing and using our Services.