Privacy Policy

Effective Date: Updated on Wednesday, March 13 2013

 

Important Update:

 

Eloqua has been acquired by Oracle and will soon transition to the Oracle Privacy Policy. Click here to view the Oracle Privacy Policy and read your options for opt out and compliance issues under that policy. Please note that the provisions of Eloqua's Privacy Policy below will remain active until the policy transition is complete.

 

When using Eloqua Corporation's and Eloqua Limited’s ("Eloqua") website, located at the URL http://www.eloqua.com, the microsite located at http://useitandsee.com, or the Eloqua Community located at http://topliners.eloqua.com (together referred to as the "Site"), and/or services and/or products provided on the Site, you may provide us with personally identifiable information. Eloqua asks for and maintains the personally identifiable information of its visitors and customers to provide a better, more personal experience on the Site and to deliver certain services or information to you.

 

Eloqua feels that if visitors would like a private online experience then they are entitled to one. Eloqua's products have optional decline features, which allow customers and visitors to state upfront if they would like to be anonymous, as further described below in the Anonymity section, or opt-out of any contact when requested by an agent. Privacy is very important to Eloqua. This Privacy Policy describes the conduct and practices of Eloqua as it applies to our customers and visitors.

TRUSTe
Eloqua is a Participant in the TRUSTe Privacy Seal Program. TRUSTe is an independent organization whose mission is to advance privacy and trust in the networked world.  Eloqua is committed to protecting your privacy. In this regard, Eloqua has agreed to disclose its information practices and have its privacy practices monitored for compliance by TRUSTe. If you have questions or concerns regarding this statement, you should first contact us at privacy@eloqua.com. If you do not receive acknowledgment of your inquiry, or if your inquiry has not been satisfactorily addressed, you should then contact TRUSTe at http://watchdog.truste.com/pvr.php?page=complaint&url. TRUSTe will then serve as a liaison with Eloqua to address your concerns.

 

Cookies
Eloqua employs cookies in order for its server to recognize a return visitor as a unique user. Cookies are small text files placed in the 'Cookies' folder on a visitor's hard disk and allow Eloqua to remember the visitor. The cookies placed by the Eloqua server are readable only by Eloqua, and cookies cannot access, read or modify any other data on a computer. All web-browsers offer the option to refuse any cookie.  If a visitor refuses the Eloqua cookie, Eloqua does not gather any information on that visitor, but doing so will require you to re-enter certain information at each visit, or prevent us from customizing the site's features according to your preferences. You may also delete a cookie manually from your hard drive. Cookies themselves do not contain any personal information. We do link the information we store in cookies to any personally identifiable information you submit while on our site.

Web Beacons
Some Eloqua and customer hosted websites may also use "Web beacon" technologies. When a visitor accesses pages on the Eloqua or a customer's website with a Web beacon, an anonymous notice of that visit is generated which may be processed by us or by our vendors. These Web beacons work in conjunction with cookies to let us know what portions of our Site are of interest to our visitors and to help us provide you with tailored information from our website.


If you turn off cookies, Web beacon technologies will still detect anonymous visits, but the notices they generate cannot be associated with other anonymous information or personally-identifiable information and are disregarded.

 

Information Gathered
The Eloqua Site will gather information such as what kind of browser visitors are on, what operating system they are using, their IP address, cookie information, time stamp (time page accessed as well as time spent per web page) and their clickstream information (for example, which pages they have viewed and how long they have been there). Note that information is only gathered while the visitor is on the Site. Eloqua monitors how a visitor arrives at the Site, but cannot and will not gather information about other third party sites the user has visited. Eloqua automatically receives and records such information on our server logs from your browser.

In certain sections of the Site, Eloqua may invite you to contact us to pose questions, request information, or complete a registration form. We may ask for Personally Identifiable Information to be entered as a means of registration before accessing a certain part of the Site.

 

"Personally Identifiable Information" means any information that identifies you personally, including, without limitation, your name, e-mail address, password, login ID and other contact information that you voluntarily submit to us. Visitors of the Site can also choose not to enter any of their Personally Identifiable Information.

 

Eloqua may also collect Personally Identifiable Information when you use certain Eloqua services, through the use of the Site or hypersite web pages, or when you enter promotions or contests offered by Eloqua on and through the Site.

 

When you visit the Eloqua Websites, we collect information, including PII that you provide, in order to provide you with the products and services you requested or with offers or promotions that may interest you, service your accounts, and save you time and better respond to your needs.

 

In the event that you become an Eloqua client, this PII is not transferred to the client install since the marketing activities undertaken therein are wholly separate from the marketing activities undertaken by Eloqua Corporation.

 

Eloqua's Marketing team may still communicate with you based on your activity on the Eloqua website, however the information will be customer focused, not prospect based. A client's privacy statement within their service hosted in the Eloqua platform will apply to their use of PII. Please consult with our client's privacy policy if you have questions about the client's use of your PII within their service.

 

AddThis
Eloqua uses AddThis to help us spread our content across the web by making it easy for visitors to bookmark and share content to their favorite social destinations. The following provides a general overview of their data collection and usage practices for AddThis. For more information please see their Privacy Policy http://www.addthis.com/privacy.

  • When an end user registers with our service, we collect personal, demographic and preference information, email address and other personally identifiable information. We do not share personally identifiable information with third-parties (with limited exceptions like a court order).
  • We use flash "cookies" to get an accurate count of unique users. No personal information is collected.
  • We use collected data to operate the sharing services. For example, an end user will provide us email addresses in order to "send to friend". We will automatically send the friend a one-time email inviting them to visit the site. Eloqua does NOT store this information for the sole purpose of sending this one-time email [and tracking the success of our referral program].
  • We use collected data for internal purposes to track usage patterns, unique users, total views, and other similar metrics. We also use collected data to diagnose problems or issues with our servers or third party services.

Jive Software
Eloqua uses Jive Software to serve the Eloqua Community located at http://topliners.eloqua.com. Usage of the Eloqua Community is covered via this Privacy Policy, however some provisions of the Jive Software Privacy Policy may also apply. You can view the Jive Software Privacy Policy at http://www.jivesoftware.com/legal/privacy-policy.

 

Usage of Personally Identifiable Information
Eloqua uses your Personally Identifiable Information to register you to use Eloqua's services, contact you to deliver certain services or information you have requested, verify your authority to enter into certain areas of the Site, improve the content and general administration of the Site and our services, provide you with notices regarding our services, and, with permission, provide visitors with updates and information about Eloqua and its services.


The Site may track information that will be maintained, used and disclosed in aggregate form only and which will not contain your Personally Identifiable Information e.g., the total number of visitors to our Site, the number of visitors to each page of our Site, browser type, External Web Sites (as defined below) linked to, and IP addresses. Eloqua may analyze this data for trends and statistics in the aggregate, and we may use such aggregate information to administer the Site, track users' movement, and gather broad demographic information for aggregate use.

 

Disclosure of Personally Identifiable Information
Eloqua may disclose your Personally Identifiable Information without prior notice to you: (a) if we believe we are required to do so by law, court order, subpoena from a court with proper jurisdiction, regulation or other government authority or otherwise in cooperation with an ongoing investigation by a governmental authority or agency. Only information requested or described is disclosed as directed pursuant to the subpoena or court order. Subject to its legal obligations, Eloqua will notify customers of the information request as allowed by the subpoena or court order. Eloqua will not sell your Personally Identifiable Information to any company, organization, or third party. We do not share, sell, rent or trade Personally Identifiable Information with third parties for their promotional purposes. Eloqua utilizes great care in keeping customer information secure and private.

 

Communication from Eloqua
Special Offers and Updates
We will occasionally send you information on products, services, special deals, and promotions. You can sign up for these emails from us on our homepage, via the Sign Up for Updates form.


Out of respect for your privacy, we present the option not to receive these types of communications.  Please see the "Choice and Opt-out".

 

Newsletters
If you wish to subscribe to our electronic newsletter(s), we will use your name and email address to send the newsletter to you.

Receiving our newsletter is required as part of the service that we offer.  If you wish to no longer receive our newsletters you may deactivate your subscription by either clicking on the unsubscription URL within each newsletter or contacting us at privacy@eloqua.com. You can also enter your information into the Sign Up for Updates form on our homepage, which will direct you to our Subscription Management Center.

Service-Related Announcements

We will send you service-related announcements on rare occasions when it is necessary to do so.  For instance, if your service is temporarily suspended for maintenance, we might send you an email message. 

Generally, you may not opt-out of these communications, which are not promotional in nature.  If you do not wish to receive them, you have the option to deactivate your subscription by either clicking on the unsubscription URL within each newsletter or contacting us at privacy@eloqua.com. You can also enter your information into the Sign Up for Updates form on our homepage, which will direct you to our Subscription Management Center.

 

Customer Service
Based upon the Personally Identifiable Information you provide us, we will send you a welcoming email to verify your username and password.  We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.

 

Choice/Opt-out
We provide you the opportunity to 'opt-out' of having your personally identifiable information used for certain purposes, when we ask for this information.  For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form.

If you no longer wish to receive our newsletter or promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at privacy@eloqua.com. You can also enter your information into the Sign Up for Updates form on our homepage, which will direct you to our Subscription Management Center.

 

You will be notified when your Personally Identifiable Information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether to share your information with that party.

 

Transfer of Assets
As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all, or substantially all, of our assets, Personally Identifiable Information, non-personal information, and any other information we have collected about the users of our Site may be transferred to such entity as one of the transferred assets. Also, if any insolvency or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.

International Issues

Our servers are currently located in Canada, which has been deemed by the European Union to provide an equivalent level of privacy protection as that required under the European Union's Data Protection Directive. Eloqua complies with the U.S.-EU Safe Harbor Framework and 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 information from European Union member countries and Switzerland. Eloqua has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the "Safe Harbor Principles") to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States. The European Union also has recognized the U.S. Safe Harbor as providing adequate data protection. Consistent with its commitment to protect personal privacy, Eloqua adheres to the Safe Harbor Principles as well as the EU Data Protection Directive. To learn more about the Safe Harbor program, and to view Eloqua's certification, please visit http://www.export.gov/safeharbor/.

 

Data Access and Correction
If your Personally Identifiable Information changes, or if you no longer desire the services available at our Site, you may correct, update, amend,  or deactivate it by emailing us at privacy@eloqua.com or by contacting us by telephone or postal mail at the contact information listed below.  We will make commercially reasonable efforts to respond to your request to access within 7-10 business days or sooner.

 

Anti-Spam Policy
Eloqua has a comprehensive Acceptable Use Policy (AUP), available at /content/eloqua/en/home/trust/privacy-policy/acceptable-use-policy prohibiting the use of our services and servers to send unsolicited commercial email. Eloqua requires ALL its customers to agree adhere to the AUP at all times.  Eloqua continues to actively review and implement new auditing technology such as seedlisting monitoring, complaint monitoring and email failure monitoring to ensure compliance with its AUP. Any violations of the AUP can result in immediate suspension of service or breach of contract.

 

Customer Testimonials/Comments/Reviews
We post customer testimonials/comments/reviews on our Site which may contain Personally Identifiable Information.  We obtain each customer's consent via email prior to posting the customer name and testimonial.

 

Links to Third Party Sites
The Site may provide links to other websites or resources over which Eloqua does not have control ("External Web Sites"). Such links do not constitute an endorsement, approval, or recommendation by Eloqua of those External Web Sites. By accessing or using this Site, you acknowledge that Eloqua is providing these links to you only as a convenience, and further agree that Eloqua is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the link to External Web Sites. We encourage you to note when you leave our Site and to read the privacy statements of such other External Web Sites before submitting any personal information.

 

Children's Privacy
As a business-to-business email infrastructure company, Eloqua does not knowingly contact or collect personal information from children under 13. Our Site is not targeted toward children under 13, nor is it designed to solicit information from children under 13. If you believe that we have mistakenly or unintentionally collected such information through our Site, please notify us at the contact address below so that we may immediately delete the information from our servers.

 

Web Monitoring Opt-Out and Anonymity
Eloqua believes in permission-based marketing and tracking. Eloqua allows each of its customer websites to give visitors the ability to retain complete anonymity and privacy along with the option not to be engaged by the Eloqua system. If you don't want to be included in the Eloqua or any Eloqua customer website metrics, you can simply opt-out. Click here to view your current opt-out status and make your choice.

 

Eloqua Customers
Eloqua's services are developed for the use of third party customers. Eloqua requires that all customers using Eloqua services  must comply with all applicable laws and regulations when using Eloqua's services. Eloqua disclaims all responsibility if a customer chooses to use the Eloqua services to engage in unethical or illegal activities. If a customer is found to have engaged in unethical or illegal activities or found to be in material breach of any Eloqua agreement, Eloqua will suspend the customer's services immediately and/or may report such activities to the proper authorities.

Security
Eloqua employs reasonable procedural and technological measures, consistent with standard industry practices, that are designed to help protect your Personally Identifiable Information from loss, unauthorized access, disclosure, alteration or destruction. For example, we store the Personally Identifiable Information you provide on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as a username and/or password) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. Our team of security professionals continually monitors and tests our web interface touch-points and implements technology updates in an effort to thwart any attempts for unauthorized intrusion.

 

If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always choose to log out before leaving a site or service to protect access to your information from subsequent users.

 

Best Common Practices
Eloqua recommends that anyone using email either through its services or anywhere else should adopt the Messaging Anti-Abuse Working Group (MAAWG) Sender Best Communications Practices (BCP). With collaborative input from both volume senders and Internet Service Providers, the new best practices recommend sender email technologies and subscription methods to improve deliverability rates for newsletters and permission-based email marketing. The complete Sender Best Communications Practices document is available at the organization's website at http://www.maawg.org/about/publishedDocuments.

 

Reservation of Rights
Eloqua reserves the right to change the terms of this privacy policy at any time in its sole discretion and will post notice of the updated Privacy Policy on our Site located here so you are always aware of what Personally Identifiable Information we may collect and how we may use this information. Eloqua may also send registered users of the Site e-mail notifications notifying such users of any changes to the Privacy Policy. Eloqua encourages you to review this Privacy Policy regularly for any changes or modifications to the way we use your personally identifiable information. Your continued use of the Site and/or continued provision of Personally Identifiable Information to us will be subject to the terms of the then-current Privacy Policy. If you have any questions about this Privacy Policy or the practices of this Site, please contact the Eloqua Privacy Department directly at privacy@eloqua.com or write us directly at 1921 Gallows Road, Suite 250, Vienna, VA 22182 or call us Toll-free in North America: 866-327-8764 or one of our other phone numbers listed here.

 

Dispute Resolution
Eloqua participates in the EU Safe Harbor Privacy Framework as set forth by the United States Department of Commerce.  As part of our participation in the safe harbor, we have agreed to TRUSTe dispute resolution for disputes relating to our compliance with the Safe Harbor Privacy Framework. If you have any complaints regarding our compliance with the Safe Harbor you should first contact us at privacy@eloqua.com or write us directly at 1921 Gallows Road, Suite 250, Vienna, VA 22182 or call us Toll-free in North America: 866-327-8764 or one of our other phone numbers listed here.

 

If contacting us does not resolve your complaint, you submit your complaint to TRUSTe by Internet at http://www.truste.org/consumers/watchdog_complaint.php, fax at 415-520-3420, or mail at Watchdog Complaints, TRUSTe, 55 2nd Street 2nd Floor, San Francisco, CA, USA 94105. If you are faxing or mailing TRUSTe to lodge a complaint, you must include the following information: the name of company, the alleged privacy violation, your contact information, and whether you would like the particulars of your complaint shared with the company. For information about TRUSTe or the operation of TRUSTe's dispute resolution process, see http://www.truste.org/consumers/watchdog_complaint.php or request this information from TRUSTe at any of the addresses listed above. The TRUSTe dispute resolution process shall be conducted in English.