Optimizely, Inc.

Previous Privacy Policy (available here)

This Privacy Policy applies to the Optimizely, Inc. owned and operated websites available via optimizely.com and its subdomains (“Sites”). Optimizely, Inc. (“Optimizely,” “we,” or “us”) knows that you care how information about you is used and shared. This Privacy Policy explains what information of yours will be collected by Optimizely when you access the Sites and Optimizely Service (including through the websites of our partners), how the information will be used, and how you can control the collection, correction and/or deletion of information. We will not use or share your information with anyone except as described in this Privacy Policy. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Service. The use of information collected through our Sites shall be limited to the purposes under this Privacy Policy and our Terms of Service (or other relevant customer contracts) to customers the (“Terms”).

1. Information We Collect

Our Service: We may collect personally identifiable information about you, such as your full name, phone number and email address, when you register for an account. If you choose to purchase a product from us, we or our third-party payment processors will collect your payment information. We also collect data through our partners (customers) who use the Optimizely Service (including by embedding our code on their websites) on their websites or mobile applications. When you use the Optimizely Service or if you visit such websites or mobile applications, we may receive certain information about you as described below. We do not send any promotional emails; however, we may send you service related emails related to your account. If you no longer wish to receive these emails, you may opt out of them by canceling your account.

Co-branding: Some of our partner pages may have the look and feel of being on optimizely.com, however some information collected on our partner pages may not be covered under this Privacy Policy. Account and billing information collected on our partners’ pages are subject to their respective privacy policies.

Cookies And Tracking Technologies: Technologies such as: cookies, beacons, tags and scripts are used by Optimizely and our partners (such as advertising, marketing and analytics), affiliates or analytics or service providers. These technologies may be used in analyzing trends, administering the Sites, tracking users’ movements around the Sites and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by such companies on an individual as well as aggregated basis. Our partners may also use such technologies to deliver advertisements to you as described below. While we respect the privacy of our users, we are not able to respond to Do Not Track signals set by your browser at this time.

We use cookies to remember users’ settings as well as for authentication and analytics. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Sites, but your ability to use some features or areas of our Sites may be limited.

You may opt-out of Cookies using the preference manager: http://preferences-mgr.truste.com/
In Europe only: If you are based in Europe, you also can adjust your Cookie preferences through the Cookie Consent Manager, which can be found here.

Log File Information: Log file information is automatically reported by your browser or mobile application each time you access our Sites or the Optimizely Service. For example, when you access our Sites or the Optimizely Service, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed and other such information. We do not link this automatically-collected data to personally identifiable information.

Flash LSOs: We use Local Storage Objects (LSOs) such as HTML5 and Flash to store content information and preferences. We partner with third parties to provide certain features on our site or to display advertising based upon your browsing activity. To learn how to manage privacy and storage settings for Flash cookies click here. Various browsers may offer their own management tools for removing HTML5 LSOs.

Information Related To Data Collected For Our Customers: Optimizely acknowledges that you have the right to access your personal information. Optimizely collects information under the direction of its customers, and has no direct relationship with the individuals whose data it may process. If you are a client of one of our current customers and would no longer like to be contacted by such customer, please contact our customer that you interact with directly. We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our customers.

Access And Retention Of Data Controlled By Our Customers: An individual who seeks access, or who seeks to correct, amend or delete inaccurate data should direct his query to an Optimizely customer (the data controller). If requested to remove data, we will respond within a reasonable timeframe.

We will retain personal data we process on behalf of our customers for as long as needed to provide our services. Optimizely will retain this personal information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

2. How We Use Your Information

We use the information that we collect to operate and maintain our Sites and the Optimizely Service, send you marketing communications, respond to your questions and concerns and to help our partners improve their online offerings.

3. How We Share Your Information

Personally Identifiable Information: We may store personal information in locations outside the direct control of Optimizely (for instance, on servers or databases co-located with hosting providers). Any personally identifiable information you elect to make publicly available on our Sites or the Optimizely Service, such as posting comments on our blog page, will be available to others. If you remove information that you have made public on our Sites or the Optimizely Service, copies may remain viewable in cached and archived pages of our Sites or the Optimizely Service, or if other users have copied or saved that information. Our blog is managed by a third party application that may require you to register to post a comment. We do not have access or control of the information posted to the blog. You will need to contact or login into the third party application if you want the personal information that was posted to the comments section removed. To learn how the third party application uses your information, please review their privacy policy.

Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain Optimizely Services and those of our partners. Our partners also have the option to publish the A/B testing results for their websites on the Optimizely Service. Such results consist solely of non-personally identifiable information. If you choose to publish such results on the Optimizely Service or Site (for example, in our results gallery), you understand and agree that this information, along with any personally identifiable information you choose to make available in connection with such results, will be made publicly available. By publishing your results on the Optimizely Service or Site, you agree that you have obtained all necessary consents to make such information public and that doing so will not violate any laws. If you remove information that you have made public on the Optimizely Service or Site, copies may remain viewable in cached and archived pages of the Optimizely Service or Site, or if other users have copied or saved that information. Non-personally identifiable information may be stored indefinitely.

Instances Where We Are Required To Share Your Information: Optimizely will disclose your information where required to do so by law, if subject to subpoena or other legal proceeding or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Optimizely, our users or others.

What Happens In The Event Of A Change Of Control: We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, and other User information related to the Optimizely Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Behavioral Targeting / Re-Targeting: We partner with third parties to display advertising on our Sites and manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on this Site and other sites in order to provide you advertising based upon your browsing activities and interests. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools (to learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org or if you are located in the European Union you may use the resources at http://www.youronlinechoices.eu/. If you access the Optimizely Service or Sites on your mobile device, you may not be able to control tracking technologies through the settings. You may also opt-out of Google marketing products by clicking below. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

The Privacy Policy does not apply to, and we cannot control the activities of, third-party ad servers and ad networks. Please contact or consult the respective privacy policies of such ad servers or ad networks for more information.

Testimonials: We display personal testimonials of satisfied customers on our Site 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 legal@optimizely.com.

4. Storage and Processing

Your information collected through the Optimizely Service may be stored and processed in the U.S. or any other country in which Optimizely or its subsidiaries, affiliates or service providers maintain facilities. Optimizely may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the: (1) transfer of information to the U.S. or any other country in which Optimizely or its parent, subsidiaries, affiliates or service providers maintain facilities; and (2) the use and disclosure of information about you as described in this Privacy Policy.

5. How We Protect Your Information

Optimizely is concerned with protecting your privacy and data, but we cannot ensure or warrant the security of any information you transmit to Optimizely or guarantee that your information on the Optimizely Service may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. When you enter sensitive information (such as log in credentials) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). No method of transmission over the Internet or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can review the materials at optimizely.com/security or contact us at legal@optimizely.com.

We use an outside help platform, and a credit card processing company to bill you if you purchase services. These companies do not retain, share, store or use personally identifiable information for any other purposes.

6. EU – U.S. Privacy Shield

Optimizely participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Optimizely is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List.

Optimizely is responsible for the processing of personal data it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Optimizely is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. In certain situations, Optimizely may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

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.

Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

7. Swiss Safe Harbor

Optimizely complies with the U.S. - Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from Switzerland. Optimizely 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 Optimizely’s certification, please visit http://www.export.gov/safeharbor/.

8. Compromise of Personal Information

In the event that personal information is compromised as a breach of security, Optimizely will promptly notify our customers in compliance with applicable law.

9. Your Choices About Your Information

You can review, correct, update or delete inaccuracies to the information about you that Optimizely keeps on file by logging into your account. Alternately, you can contact us directly at legal@optimizely.com. We will respond to your request to access within 30 days.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

10. Children’s Privacy

Protecting the privacy of young children is especially important. For that reason, Optimizely does not knowingly collect or solicit personal information from anyone under the age of 13. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at legal@optimizely.com.

11. Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, written or hard copy notice, or through conspicuous posting of such notice on the Service, as determined by Optimizely in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.

12. Links to Other Web Sites

We are not responsible for the practices employed by websites or services linked to or from the Optimizely Service or Sites, including the information or content contained therein. Please remember that when you use a link to go from the Optimizely Service or Sites to another website or service, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies.

Social Media Features: Our Site includes social media features. These features may collect your IP address and which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the organization providing it.

13. Changes to Our Privacy Policy

If we change our privacy policies and procedures materially, we will post those changes on the Optimizely Service to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page. When we change the policy in a material manner we will let you know via email and/or a prominent notice on our Site, prior to the change becoming effective and update the ‘effective date’ at the top of this page.

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this website, please contact us at legal@optimizely.com, or send mail to:

Optimizely, Inc.

631 Howard Street, Suite 100
San Francisco, CA 94105