The agreement authorizes ActiveCampaign to view, copy, and internally use both Marketing Content (including emails, SMS, photos, videos, and other materials created by users) and Contact Data (including personally identifiable information about end-customers) to train and improve the Services. This processing is stated to occur as part of providing the Services.
This analysis describes what ActiveCampaign's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision authorizes ActiveCampaign to use personally identifiable Contact Data and user-created Marketing Content for AI training and service improvement purposes, which creates compliance obligations for organizations that act as data controllers for their Contacts under GDPR, CCPA, or similar frameworks, particularly regarding whether existing Data Processing Agreements and user-facing privacy notices adequately disclose and govern this downstream use.
Interpretive note: The precise characterization of ActiveCampaign as data processor versus joint or independent controller for the AI training use may vary by jurisdiction and enforcement interpretation, affecting which obligations apply to users and to ActiveCampaign respectively.
Under these terms, personally identifiable information that users import about their own customers (Contacts) may be used by ActiveCampaign to train and improve its Services. The agreement places responsibility on users to ensure their own privacy notices to Contacts reflect this processing and that they have a lawful basis for such use under applicable data protection laws.
Cross-platform context
See how other platforms handle Contact Data and Marketing Content Used for AI Training and similar clauses.
Compare across platforms →"As a part of the Services, we may view, copy, and internally use Marketing Content to help us train and improve the Services, including their functionality and effectiveness for you and your campaigns, as well as to assist us in detecting issues. [...] We view and use Contact Data only to provide Services to you, at your direction and, as part of the Services, to train, detect issues with our Services, and to ensure their proper functioning.Excerpt from ActiveCampaign's Terms of Service
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This provision authorizes ActiveCampaign to use personally identifiable Contact Data and user-created Marketing Content for AI training and service improvement purposes, which creates compliance obligations for organizations that act as data controllers for their Contacts under GDPR, CCPA, or similar frameworks, particularly regarding whether existing Data Processing Agreements and user-facing privacy notices adequately disclose and govern this downstream use.
Under these terms, personally identifiable information that users import about their own customers (Contacts) may be used by ActiveCampaign to train and improve its Services. The agreement places responsibility on users to ensure their own privacy notices to Contacts reflect this processing and that they have a lawful basis for such use under applicable data protection laws.
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