The agreement states that customers retain ownership of their data but grants ActiveCampaign a worldwide, royalty-free license to use, reproduce, modify, and adapt that data for the purposes of providing and improving the platform.
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
The license scope includes improving and developing the Services, which is broader than providing the contracted service alone and may encompass use of customer data, including contact data, for product development or machine learning purposes, subject to the limitations stated in the Privacy Policy and Data Processing Agreement.
Interpretive note: The scope of 'improve and develop the Services' is not precisely defined in the document, creating interpretive ambiguity about whether identifiable contact data or only aggregated or anonymized data may be used for this purpose.
The agreement grants ActiveCampaign a non-exclusive license to use customer-submitted data, including contact records and campaign data, for service delivery and service improvement, while stating that the customer retains ownership of that data.
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V. Data and Service Usage and Ownership
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"You retain all ownership rights in your data. By submitting data to the Services, you grant ActiveCampaign a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such data solely to the extent necessary to provide the Services to you and to improve and develop the Services.— Excerpt from ActiveCampaign's ActiveCampaign Terms of Service
1. REGULATORY LANDSCAPE: The license grant to use data for service improvement may interact with GDPR Article 6 lawful basis requirements if the improvement activities involve processing EU personal data beyond the original service delivery purpose. The principle of purpose limitation under GDPR may constrain how broadly this license can be exercised in practice for EU customer data. The Privacy Policy and Data Processing Agreement referenced in the terms govern the specifics of data use, and those documents should be reviewed in conjunction with this license provision. 2. GOVERNANCE EXPOSURE: Medium. The phrase 'improve and develop the Services' is not specifically defined in the document as reviewed, which creates ambiguity about whether customer contact data, behavioral data, or campaign performance data may be used in aggregate or anonymized form for product development purposes. Enterprise customers with sensitive industry data should seek clarification through enterprise agreements. 3. JURISDICTION FLAGS: EU and UK customers should evaluate whether the 'improve and develop' license component is consistent with the purpose limitation principle under GDPR and whether the DPA adequately addresses the scope of permissible data use. Brazilian customers subject to LGPD face similar purpose limitation considerations. 4. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers should review whether their DPA with ActiveCampaign restricts data use to service delivery only, or whether the improvement license is preserved in the processor relationship. The distinction between anonymized aggregate data use and identifiable data use for improvement purposes is not specified in the terms as reviewed and warrants clarification. 5. COMPLIANCE CONSIDERATIONS: Data governance teams should map all data categories submitted to ActiveCampaign against the license scope and confirm that the use for service improvement is disclosed in their own privacy notices to data subjects, as required under GDPR transparency obligations.
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The license scope includes improving and developing the Services, which is broader than providing the contracted service alone and may encompass use of customer data, including contact data, for product development or machine learning purposes, subject to the limitations stated in the Privacy Policy and Data Processing Agreement.
The agreement grants ActiveCampaign a non-exclusive license to use customer-submitted data, including contact records and campaign data, for service delivery and service improvement, while stating that the customer retains ownership of that data.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by ActiveCampaign.