PRIVACY POLICY
Last Updated: January 28th, 2026
This Privacy Policy ("Policy") describes how Octane Software, Inc. ("Provider," "we," "us," or
"our") collects, uses, discloses, and processes information in connection with our platform and
services. By creating an account or using the platform (including trials, proofs of concept, unpaid
access, or paid access), Customer agrees to this Policy.
This Policy is incorporated into and subject to our Terms and Conditions and any separate
signed agreement between Provider and Customer. In the event of conflict, a signed agreement
governs, followed by the Terms and Conditions, followed by this Policy.
1. INFORMATION WE COLLECT
1.1 Information Customer Provides
We collect information provided directly by Customer and its authorized users:
● Account registration information (name, email address, company name, job title, phone
number)
● Billing and payment information
● Communications sent to us
● Information provided through support requests or onboarding
1.2 Platform and Advertising Data
Consistent with Section 6 of our Agreement, Customer grants Provider limited rights to collect
and process data. Through Customer's use of the platform and integrations, we collect and
process:
● Advertising account data, campaign data, and performance metrics
● CRM, pipeline, and revenue data Customer connects to the platform
● Conversion and attribution data
● Site analytics and visitor behavior data collected through Provider's scripts
● Any other data Customer provides access to through platform integrations
1.3 Information Collected Automatically
When Customer or its users access the platform, we automatically collect:
● IP addresses and geolocation data
● Device identifiers and browser information
● Usage data, including pages viewed, features used, and session duration
● Cookies and similar tracking technologies
● Log data and access timestamps
1.4 Information from Third Parties
We may collect information about Customer from:
● Advertising platforms and technology partners
● Data enrichment providers
● Publicly available sources
2. HOW WE USE INFORMATION
We use information for any lawful purpose, including:
● Providing, operating, and improving the platform and services
● Processing transactions and managing Customer accounts
● Analyzing platform usage and developing new features
● Training, improving, and developing our algorithms, models, and machine learning
capabilities (Provider retains all intellectual property rights in such derivative works per
Section 2.1 of our Agreement)
● Creating aggregated, anonymized, or de-identified datasets for analytics, benchmarking,
or broader business initiatives (per Section 6.2 of our Agreement)
● Communicating with Customer about the platform, including service updates and
marketing
● Generating performance results, case studies, and testimonials (per Section 12 of our
Agreement)
● Complying with legal obligations
● Enforcing our agreements
● Protecting the security and integrity of the platform
3. HOW WE SHARE INFORMATION
3.1 Service Providers
We share information with third parties that perform services on our behalf, including hosting,
analytics, payment processing, and customer support.
3.2 Advertising and Analytics Partners
We may share information with advertising networks and analytics providers to market our
services and analyze platform usage.
3.3 Marketing and Publicity
Consistent with Section 12 of our Agreement:
● We may use Customer's name and logo in marketing materials, website, presentations,
and customer lists to identify Customer as a client.
● We may develop and publish case studies, testimonials, or performance summaries
referencing Customer's use of the services.
● We will not disclose confidential or proprietary information without Customer's prior
written approval, consistent with Section 3 of our Agreement.
● Customer may revoke these rights with written notice, and we will make commercially
reasonable efforts to remove references from future materials.
3.4 Aggregated and De-Identified Data
Per Section 6.2 of our Agreement, we may use and share aggregated or anonymized data
derived from Customer's usage for analytics, benchmarking, or to support broader business
initiatives, without restriction. This includes performance benchmarks, industry trends, and
platform analytics.
3.5 Corporate Transactions
In connection with any merger, acquisition, financing, reorganization, bankruptcy, or sale of
assets, information may be transferred to a successor or affiliate.
3.6 Legal Compliance and Protection
We may disclose information when necessary to:
● Comply with applicable law, regulation, or legal process
● Protect the rights, property, or safety of Provider, our customers, or others
● Respond to claims that content violates the rights of third parties
● Enforce our agreements
4. CUSTOMER COMPLIANCE RESPONSIBILITIES
Per Section 11.2 of our Agreement, Customer is solely responsible for ensuring compliance with
all applicable laws, regulations, and industry standards in connection with its use of Provider's
services, including but not limited to:
● Cookie consent banners
● Privacy notices
● Data collection disclosures
● Any other requirements under applicable privacy laws (including GDPR, CCPA, and
other data protection regulations)
Provider shall not be responsible for any fines, claims, or regulatory issues arising from
Customer's failure to comply with applicable privacy laws.
5. DATA RETENTION
We retain information for as long as necessary to provide the platform and services, comply with
legal obligations, resolve disputes, and enforce our agreements. We may retain aggregated,
anonymized, or de-identified data indefinitely for analytics, benchmarking, research, and product
development purposes.
6. COOKIES AND TRACKING
We use cookies, pixels, Provider scripts, and similar technologies to operate the platform,
collect data, analyze usage, and deliver marketing. Customer may adjust browser settings to
refuse cookies, but this may affect platform functionality. We do not respond to "Do Not Track"
signals.
7. SECURITY
We implement reasonable administrative, technical, and physical safeguards. However, per
Section 5.1 of our Agreement, the platform is provided "as is" and without guarantees. We
cannot guarantee absolute security of information.
8. THIRD-PARTY PLATFORMS AND INTEGRATIONS
The platform integrates with third-party advertising platforms and services. Per Section 5.3 of
our Agreement, Customer acknowledges that the effectiveness and stability of the services
depend on multiple external factors, including ad platform behavior, site infrastructure, and data
flow. We are not responsible for the privacy practices of third-party platforms, and Customer's
use of such integrations is subject to those third parties' terms and policies.
9. CHILDREN
The platform is not directed to individuals under 16, and we do not knowingly collect information
from individuals under 16.
10. INTERNATIONAL TRANSFERS
Provider is based in the United States. By using the platform, Customer consents to the transfer
of information to the United States, which may have different data protection laws than
Customer's jurisdiction.
11. CUSTOMER RIGHTS AND CHOICES
11.1 Account Information
Customer may access and update account information by logging into the platform or contacting
us.
11.2 Marketing Communications
Customer may opt out of marketing emails by clicking "unsubscribe" in any marketing email.
Customer may not opt out of transactional or service-related communications.
11.3 Marketing and Publicity Permissions
Per Section 12.3 of our Agreement, Customer may revoke marketing and publicity rights with
written notice, and we will make commercially reasonable efforts to remove references from
future materials.
11.4 California Residents
California residents may have rights under the California Consumer Privacy Act, including the
right to know, delete, correct, and opt out of the sale or sharing of personal information. To
exercise these rights, contact us at privacy@tryoctane.com. We will verify identity before
processing requests.
For purposes of California law, we may "sell" or "share" identifiers, commercial information, and
internet activity with advertising and analytics partners.
11.5 Other Jurisdictions
Residents of other jurisdictions may have additional rights under applicable law. Contact us to
submit a request.
12. CONFIDENTIALITY
Per Section 3 of our Agreement, each party agrees to treat non-public information—including
model outputs, pricing, business practices, customer data, and trial/POC results—as
confidential unless otherwise agreed in writing. This does not apply to information already public
or legally required to be disclosed.
13. LIMITATION OF LIABILITY
Per Section 7 of our Agreement:
● Provider's total liability for any claim related to this Policy shall not exceed fees paid by
Customer in the 3 months prior to a claim.
● Neither party shall be liable for indirect, consequential, or punitive damages.
14. INDEMNIFICATION
Per Section 11.4 of our Agreement, Customer shall defend, indemnify, and hold harmless
Provider and its affiliates, officers, and employees from and against any third-party claims,
damages, losses, liabilities, or costs (including reasonable attorneys' fees) resulting from:
● Customer's misuse of the services
● Breach of any agreement with Provider
● Failure to comply with applicable laws or regulations
15. DISPUTE RESOLUTION
Per Section 9 of our Agreement, any dispute arising out of or relating to this Policy will be
resolved through binding arbitration in Delaware. Both parties waive the right to a trial by jury.
16. GOVERNING LAW
This Policy is governed by the laws of the State of Delaware, without regard to conflict-of-laws
rules.
17. UPDATES TO THIS POLICY
Provider may update this Policy periodically. Customer's continued use of the platform after
changes are posted constitutes acceptance of the updated Policy.
18. PRIORITY OF AGREEMENTS
If Customer and Provider enter into a separate, signed agreement governing privacy, data
processing, or any related subject, that agreement will supersede this Policy to the extent of any
conflict.
19. CONTACT
Questions about this Policy may be directed to:
Octane Software, Inc. privacy@tryoctane.com

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