Privacy Policy

Privacy Statement

Xactly Corporation ("Xactly" or "we") has created this privacy statement ("Statement") in order to demonstrate our commitment to privacy. Privacy on the www.xactlycorp.com Web Site (the "Site") is of great importance to us. Since we gather important information from our visitors and customers, we have established this Statement to communicate our information gathering and dissemination practices. In an effort to ensure the highest levels of data privacy our standards meet the U.S. Department of Commerce's "Safe Harbor" standards. If you have any questions regarding this policy please contact us via email at privacy@xactlycorp.com.

Collected Information

In order to access certain portions of the Site, you will be required to register by providing certain limited information regarding you and the company you represent. Xactly may use the information that we collect to contact visitors to further discuss their interest in our company and to send information regarding our company, such as newsletters and events. Visitor email addresses and any personal customer information will not be distributed or shared with any third parties under any circumstance. Customers can opt out of being contacted by us, or receiving such information from us, at any time by sending an email to marketing@xactlycorp.com. If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and email address. Xactly will automatically send the friend a one-time email inviting them to visit the site. Xactly will not send the friend any additional information, unless they choose to register themselves.

Cookies

When you interact with the xactlycorp.com Site, we strive to make that experience easy and meaningful. When you come to our Site, our Web server may send a cookie to your computer. Cookies are files that Web browsers place on a computer's hard drive and are used to tell us whether customers and visitors have visited the Site previously. Standing alone, cookies do not identify you personally. They merely recognize your browser. Unless you choose to identify yourself to Xactly either by requesting a download or registering for a demo or webinar, you remain anonymous to Xactly. If you do not accept cookies from the domain "xactlycorp.com", you cannot access certain portions of the Site without registering again each time you would like to access restricted information.

Log Files

We use IP addresses to analyze trends, administer the Site, track user's movement, and gather broad demographic information for aggregate use. IP addresses that we collect are not linked to personally identifiable information.

Users Outside of the United States

While we make every effort to honor the laws and wishes of all users, this Site is available for users located primarily in the United States of America and therefore may or may not address privacy requirements contained in non-domestic legislation.

Security

Xactly takes substantial precautions to protect data and information under its control from misuse, loss or alteration. We utilize some of the most advanced technology available today for Internet security and are constantly taking measures to adjust to the changing security landscape. As such, Xactly maintains layered, defense in-depth security measures, including hosting our solution in a Tier IV (the highest recognized level) datacenter, to allow only authorized personnel access to your information. Unfortunately, no system can ensure complete security, and Xactly disclaims any liability resulting from use of the Site.

Links to Third-Party Sites

The Site contains links to other Web Sites. Xactly is not responsible for the privacy practices or the content of these other Web Sites. Visitors are advised to check the policy statement of other Web Sites to understand their policies. Accessing a linked site may expose your private information.

Safe Harbor

Xactly complies with the US-EU Safe Harbor Framework and US-Swiss Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland.

Xactly 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 our certification page, please visit http://www.export.gov/safeharbor/.

Notice

Through this Privacy Policy. Xactly hereby informs you of the purpose for which it collects and uses personal information. Xactly will notify you in the event of any unintentional disclosure of your personal information to a third party. You have the option to limit the use of any personal information through the means described herein.

Choice

Xactly provides you with a choice to opt out of disclosure of your personal information to a third party or the use of personal information for something other than it was originally collected.

Onward Transfers

Before disclosing personal information to a third party, Xactly will notify you of the intended disclosure and provide you with the option to opt out of such disclosure.

Data Integrity

Xactly shall use information collected for its relevant and intended purpose only. If there is any change of use of the personal information collected, Xactly shall inform you and gain your approval before making such changes of the use of the personal information collected. Further, Xactly shall take reasonable steps to ensure that the personal information collected is accurate and reliable for its intended use.

Access to Personal Information Received

Xactly shall provide you with reasonable access, as required by law, to your personal information in order to confirm that it is correct or to amend or delete inaccurate information. If you need to correct, update, or remove personal information provided to Xactly, please contact Xactly at: support@xactlycorp.com.

Enforcement

Xactly has established internal mechanisms to verify its ongoing adherence to its privacy policy, including the Safe Harbor Principles. Xactly encourages individuals covered by this privacy policy to raise any concerns about our processing of personal information by contacting Xactly at support@xactlycorp.com. After a complaint or concern is received, Xactly will work internally to resolve the issue. Further, Xactly agrees to participate in the dispute resolution program provided by the European Data Protection Authorities or the Swiss Federal Data Protection and Information Commissioner.

In compliance with the US-EU and US-Swiss Safe Harbor Principles, Xactly commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact Xactly at:
Xactly Corporation
225 W. Santa Clara Street, Suite 1200
San Jose, CA 95113

Xactly has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by (your business name), please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information or to file a complaint.

Amendment

This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Privacy Principles. Appropriate notice of any material amendments will be posted at www.xactlycorp.com/trust/privacy/index.php.

Questions or Comments Regarding the Privacy Policy

For additional questions, or to be taken off our marketing lists, please send an e-mail to marketing@xactlycorp.com.