Your Privacy Rights

TRUSTe Privacy Certification

Your Privacy Rights

Effective date:Effective date: May 25, 2018

Active Network, LLC (“ACTIVE,” “us”, “we” or “our”) values your privacy, and we are committed to protecting your personal information.

In this Privacy Policy (“Policy”), we describe the personal information that we collect from visitors to and users of our websites (“Sites”), our blogs, our mobile applications (“Applications”), and our online products and services (collectively, “Services”) and how we collect, use, and share personal information in the course of our business activities, including:

WHAT PERSONAL INFORMATION WE COLLECT AND WHEN AND WHY WE USE IT
HOW WE SHARE PERSONAL INFORMATION WITHIN ACTIVE AND WITH OUR SERVICE PROVIDERS, REGULATORS AND OTHER THIRD PARTIES
TRANSFERRING PERSONAL INFORMATION GLOBALLY
HOW WE PROTECT AND STORE PERSONAL INFORMATION
EXPLAINING MORE ABOUT MARKETING, PROFILING AND AUTOMATED DECISION MAKING
COOKIES
LEGAL RIGHTS AVAILABLE TO HELP MANAGE YOUR PRIVACY
CHILDREN UNDER 16
SPECIAL INFORMATION FOR CALIFORNIA RESIDENTS
CONTACT US

Please note that:

  • all the information set out in this Policy may not apply to you. Below is an overview of the possible circumstances in which we could interact together. Our interactions with you will determine which of the following applies to you and your personal information.
  • when you share personal information with us or when we collect personal information about you, we will use it in line with this Privacy Policy. Please read this Policy carefully. If you have questions or concerns about your personal information, please contact us at privacy@activenetwork.com or GDPR@activenetwork.com; and

If, during the Services, we collect your personal information on behalf of a third party, such as one of our customers who is an event organizer (“our Client”/”Client”), this will be brought to your attention at the time you provide your personal information. This Policy does not cover our Clients’ use of your personal information outside of our Services. We are not responsible for the privacy practices of our Clients, as such we encourage you to read their respective privacy statements. Further, as a result of your interactions with our Services or use of the Sites, you may purchase products or services offered by third parties (such as magazine subscriptions, hotel bookings, or cruises) or you may elect to participate in contests, sweepstakes, or other programs (such as discount or rewards programs), offered or sponsored by third parties on the Site. We are not responsible for any such purchase you make, or participation you undertake, and as such any such purchase or participation will be subject to the relevant third party's terms and conditions.

WHAT PERSONAL INFORMATION DO WE COLLECT AND WHEN, AND WHY WE USE IT ABOUT YOU

ACTIVE is a leading provider of Activity and Participant Management™ solutions. Our flagship technology platform, ACTIVEWorks®, transforms the way organizers manage their activities and events by automating online registrations and streamlining other critical management functions, while also driving consumer participation to their events. Our Sites include online communities for people who want to discover, participate in, and share activities about which they are passionate.

The information we collect from you allows you to log into our Sites, use our Services and Applications, and register for and/or set up registration for you or your organization’s own customers for events, contests, camps, licenses, classes, tickets, facility/equipment use, transactions, sales, memberships, reservations, donations, and/or activities (collectively, “Events”).

We also collect information from businesses, organizations, and individuals who request information from ACTIVE.

Individuals (and agents of individuals) may provide us information directly or indirectly by registering for an Event or by otherwise using our Services (these individuals are referred to as “Consumers”). For example, you may enter your information in order to register for an Event, or someone who has organized a team may enter your information on your behalf to register your entire team.

In addition, individuals or organizations (i.e. our Clients) can use our Services to set up Events for Consumers. Relatedly, our Clients (including agents of our Clients) may provide us personal information about individuals who have registered for an Event being operated by our Client or who the Client wants us to contact or otherwise provide Services to on behalf of the Client.

We collect or receive personal information from you via our Sites, Applications and/or Services. For example, we receive personal information from you directly when you create an online account or register for an Event. We also collect personal information about you, for example, by using cookies to understand how you use our Sites.

We collect personal information from third parties whom you have authorised to provide your personal information to us (for example, this may be via one of our Clients, who provides your personal information to us). We combine this information with the information we collect directly from you or about you for the purposes set forth in this Privacy Policy. More details on how we share your information with others is below in the HOW WE SHARE PERSONAL INFORMATION WITHIN ACTIVE AND WITH OUR SERVICE PROVIDERS, REGULATORS AND OTHER THIRD PARTIES section. We also collect personal information from individuals who may refer you as a friend to our loyalty programs or products or services. We ask these individuals to confirm that you are happy to hear from us.

We will only collect, use, and share your personal information where we are satisfied that we have an appropriate legal basis to do this. The chart below summarizes when we collect personal information, the types of personal information we collect, how we use the personal information, and the legal basis for our use of such personal information.

When We Collect Personal Information The Types of Personal Information We Collect How We Use Personal Information The Legal Basis for Using Personal Information
Personal Information we collect by cookies or similar technologies (“cookies”) when you visit our Site. We may collect data related to your use of our Sites including where you came from, login details, pages you looked at, duration of your visit, geographic location, and/or the links you click. Technical information collected includes your browser type and operating system, device information, your Internet Protocol (“IP”) address, and your unique ID which is given to each visitor and expiration of date of the ID. We use this information to tailor our Sites for you, that is to show you recommendations, marketing, or content based on your profile and interests and to display Sites in a tailored way, for example to show you advertising we think you might like. This data allows our Sites and Applications to function properly, that is to ensure the proper display of content, create and remember your shopping chart, create and remember your account login details, interface personalization, improve our Sites, to ensure our Sites are secure and safe and to protect against fraud. This data is used to run statistics to avoid visitors being recorded twice, know users’ reaction to our advertising campaigns, to improve our offers, to allow sharing of our content on social media, to show online advertisements for products that may be of interest to you, based on your previous behavior, and/or ads and content on social media platforms or other sites. You can opt out of targeted advertising by using the function available on our Site (where applicable), or in your browser settings. For opting out of targeted advertising on social media platforms, please visit the relevant social media platform to explore the options they may provide. Our legal basis to use this information includes (1) your consent (to store cookies on your device) and (2) our legitimate interests, including to improve our Sites and Services, to better engage with you, and to secure our Sites.
Personal Information we collect and use for personal account creation and management. Where your personal information is collected during the creation or management of an account on our Sites, including Active.com, Activekids.com, other of our Sites or Applications, through a social media login or store, we may ask you to provide first and last name, email address and desired password, displayed name, date of birth, subscription preferences, information about your activities and interests, other profile data such as mailing address, phone number, occupation, and gender, physical activities or similar health related information, social media profile (where you use your social media login or share this personal data with us), user generated content, contact information of a friend (where you share this personal data with us), and payment information. We use this information to manage your registrations, send you marketing communications (where you have asked us to) which may be tailored to your “profile” (i.e. based on the personal data we know about you and your preferences), offer you a loyalty program, offer personalized services based your characteristics, allow you to manage your preferences, monitor and improve our Sites and Applications, run analytics or collect statistics. We may use the information to secure our Sites and protect you and us against fraud, to respond to your questions and otherwise communicate with you about your use of our services, and to manage any competitions, promotions, surveys or contests you enter. Our legal basis for using this information includes (1) performance of a contract so you can create and manage your account, (2) our legitimate interests including to improve our Sites and Services, better engage with you, to prevent fraud, and secure our Sites, and (3) consent so you can receive marketing communications from us.
Personal Information we collect and use if you register for an Event using our Sites or Services. We collect first and last name, email address, physical address, phone number, personal description or preferences, social media profile (where you use your social media login or share this personal data with us), transaction information including payment information, and purchase history. We use this information to contact you to finalize your order where you have saved your shopping card or placed Events in your cart without completing the process, inform you when Service updates or new Services are available, process your order, manage payment (note: your payment information are not collected directly by us but by payment service providers), manage any contact you have with us about your purchase, secure your transactions against fraud (we may use a third party provider solution to detect fraud), if you place a purchase using a registered account, we will add this transaction to your profile so we can understand your interests and preferences and you will see a record of your transactions, manage any dispute relating to a purchase, run analytics or collect statistics, and to communicate with you about your use of our Services. Our legal basis for using this information includes (1) performance of a contract so you can create and manage your account, (2) our legitimate interests which include to improve our Sites and Services, better engage with you, prevent fraud, and secure our Sites, and (3) to comply with a legal obligation (to keep information we are required to keep).
Personal Information we collect and use when you use our Applications. We may ask you to provide first and last name, email address date of birth, information about your activities and interests, your current location (geolocation), other profile data such as contact information, occupation, and gender, physical activities or similar health related information, application or device usage data, social media data (where you use your social media login or share this personal data with us), and payment information. We collect this information to provide Services requested, analyse your personal characteristics and identify and recommend appropriate Events based on location; monitor and improve our Applications, run analytics and statistics. Our legal basis for using this information Lawful includes (1) consent (provide you with services requested) and (2) our legitimate interests, including to improve our Sites and Services, to better engage with you, and to secure our Sites.
Personal Information we collect during the creation and management of a professional account on Sites or Applications (these are accounts created in a business capacity by our clients). We collect first and last name, organization name, gender, professional and personal email address, professional and/or personal address, professional and/or personal email address, username and password, preferences, other information you have shared with us about yourself (e.g. via your “my account” page, by contacting us, a question via the chat function available on some websites, or by participating in a survey, etc.), and/or payment information. We use this information to manage your purchases/orders, send you marketing communications (where you have asked us to) which may be tailored to your professional “profile” (i.e. based on the personal data we know about you and your preferences), offer you a loyalty program, offer personalized services based on professional interests and characteristics, allow you to manage your preferences, monitor and improve our Sites, Applications and Services, run analytics or collect statistics, secure our Sites and protect you and us against fraud, respond to your questions and otherwise interact with you. Our legal basis for using this information includes (1) performance of a contract so you can create and manage your account, (2) our legitimate interests which include to improve our Sites and Services, better engage with you, prevent fraud, and secure our Sites, and (3) consent so you can receive marketing communications from us.
Personal information we collect and use when you purchase Services from ACTIVE. We collect first and last name, email address, physical address, phone number, personal description or preferences, social media profile (where you use your social media login or share this personal data with us), transaction information including purchases, payment information, and purchase history. We use this information to contact you about your orders of our Services, inform you when Service updates or new Services are available, process your order, manage payment (note: your payment information is not collected directly by us but by payment service providers), manage any contact you have with us about your events or registrations, secure your transactions against fraud (we may use a third party provider solution to detect fraud), if you place an order using a registered account, we will add this transaction to your profile so we can understand your interests and preferences and you will see a record of your transactions, manage any dispute relating to a purchase, run analytics or collect statistics. communicate with you about your use of our Services. Our legal basis for using this type of information includes (1) performance of a contract so you can create and manage your account, (2) our legitimate interests including to improve our Sites and Services, better engage with you, prevent fraud, and secure our Sites, and (3) to comply with a legal obligation (to keep information we are required to keep).
Personal Information we collect and use when you subscribe to receiving our marketing communications. We collect first and last name, email address and desired password, displayed name, date of birth, personal description or preferences, order details, social media profile (where you use your social media login or share this personal data with us), user generated content, other information you have shared about yourself (e.g. via your “my account” page, by contacting us, a question via the chat function available on some websites, or by participating in a contest, game, survey, etc.), subscription preferences, contact information of a friend and payment information. We use this information to send you marketing communications (where you have asked us to) which may be tailored to your “profile” based on the personal data we know or learn about you and your preferences, show you marketing communications on other websites, including social media platforms. Note that you may also see our ads on other websites, including on social media sites, but these may not be tailored to you. We use this information to keep an up to date suppression list if you have asked us not to be contacted, to run analytics or collect statistics, to send content on your behalf to your friends and/or family. Our legal basis for using this information include (1) consent or (2) our legitimate interests which include to improve our Sites and Services and to better engage with you.
Personal Information we collect and use when you ask questions relating to our Services, your orders, account or rights, and customer support. We collect first and last name, email address, phone number, date of birth, information about your activities and interests, and other information you have shared with us about yourself in relation to your enquiry (which may include activities and interests). We use this information to communicate with you about your use of our Services. Our lawful basis to use this information includes (1) consent to provide you with the service you have requested or (2) our legitimate interests which include to improve our Services, to better engage with you and to secure our Sites.
Personal Information we collect and use during a competition, game, contest, promotional offer, sample request, survey, etc. We collect first and last name, email address and desired password, displayed name, date of birth, subscription preferences, information about your activities and interests, other profile data such as contact information, occupation, and gender, physical activities or similar health related information, social media profile (where you use your social media login or share this personal data with us), user generated content, other information you have shared with us about yourself (e.g. via your “my account” page, by contacting us, a question via the chat function available on some websites, or by participating in a survey, etc.). We use this information to complete tasks that you have asked us to, for example to manage your participation in the promotion, including to take into account your feedback and suggestions, to run analytics and statistics, add your participation to your profile so we can understand your interests and preferences. Our legal basis to use this information is (1) performance of a contract so you can create and manage your account and (2) our legitimate interests including to improve our Services and to better engage with you.
Personal Information we collect and use if you create a page to collect donations. We may collect information from you surrounding the charitable event or your request for donations. In addition, if you donate to a particular Event/cause, we may collect your name, contact information, and credit card information. This information is used to create a page on certain of our Sites to collect donations for your participation in a charity event (e.g., you want to raise money for running in a marathon), a particular charity, or for other purposes. Our legal basis to use this information is (1) consent and (2) performance of a contract.
Personal Information we collect and use if you apply for employment with ACTIVE. We collect your education, employment history, qualifications, and the contact information of a former colleague. This information is used for job reference purposes only and is not used for any other purpose. This information is collected from the individual directly. Our legal basis to use this information is your consent.

HOW WE SHARE PERSONAL INFORMATION WITHIN ACTIVE AND WITH OUR SERVICE PROVIDERS, REGULATORS AND OTHER THIRD PARTIES

We share your personal information in the manner and for the purposes described below:

  • With other ACTIVE entities where such disclosure is necessary to provide you with our Services or to manage our business. We may also share your personal information with other ACTIVE entities to improve the services we offer or help us to create new ones and to personalize the Services and offers you receive and or marketing, profiling and analytics as set out further in EXPLAINING MORE ABOUT DIRECT MARKETING section below; and for the purposes set out in this Policy.
  • With third parties who help manage our business and deliver services, for example, IT service providers who help manage our IT and back office systems or administer our Sites and Applications. These third parties have agreed to confidentiality restrictions and have agreed to use any personal information we share with them, or which they collect on our behalf, solely for the purpose of providing the contracted service to us.
  • If you are using our Services to register for an Event or to purchase a third party product or service (for example, one of our Clients who is an Event organizer), ACTIVE shares the personal information that you provide with the applicable third party in order to fulfill your request. You may also receive communications, correspondence, emails, or direct mail from such third party. Each such party operates independently from ACTIVE and, as we explained earlier, their collection of your personal information is not subject to this Policy but is subject to their own privacy notice. Please refer to that party’s privacy policy if you have any questions.

We may disclose information to third parties (with consent if required by law) such as promotional partners and others with whom we have marketing or other relationships. For further details, refer to EXPLAINING MORE ABOUT DIRECT MARKETING section below.

  • With government organizations and agencies, law enforcement and regulators, to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies; in response to legal process.
  • Banks and payment providers to authorize and complete card payments.
  • We may share in aggregate, statistical form, non-personal information regarding the visitors to our Sites, traffic patterns, and website usage with our partners, affiliates or advertisers.
  • If, in future, we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may disclose/transfer the information we have collected from you to the acquiring company.

TRANSFERRING PERSONAL INFORMATION GLOBALLY

International data transfer

We operate on a global basis. This means that your personal information may be transferred to and stored in the United States, which may be subject to different standards of data protection than your country of residence.

We will take appropriate steps to ensure that transfers of personal information are in accordance with applicable law, are carefully managed to protect your privacy rights and interests and limited to countries which are recognized as providing an adequate level of legal protection or where alternative adequate arrangements are in place to protect your privacy rights. To this end:

  • we ensure transfers within ACTIVE will be covered by an agreement entered into by ACTIVE entities (an intra group agreement) which contractually obliges each such entity to ensure that personal information receives an adequate and consistent level of protection wherever it is transferred within ACTIVE;
  • where we transfer your personal information outside ACTIVE or to third parties who help provide our Services, we obtain contractual commitments from them to protect your personal information; or
  • where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any personal information are disclosed.

You have a right to contact us for more information about the safeguards we have put in place (including a copy of relevant contractual commitments) to ensure the adequate protection of your personal information when this is transferred as mentioned above.

EU Transfer Mechanism

ACTIVE participates in, and has certified its compliance with, the EU-U.S. Privacy Shield Framework. ACTIVE is committed to subjecting all personal information received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable principles. To learn more about the Privacy Shield Framework, visit www.privacyshield.gov.

ACTIVE is responsible for the processing of personal information it receives under the Privacy Shield Framework, and subsequent transfers to a third party acting as an agent on its behalf. ACTIVE complies with the Privacy Shield principles for all onward transfers of personal information from the EU, including the onward transfer liability provisions.

With respect to personal information received or transferred pursuant to the Privacy Shield Framework, ACTIVE is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, ACTIVE may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

HOW WE PROTECT AND STORE PERSONAL INFORMATION

Security

We have implemented and maintain appropriate technical and organisational security measures, policies and procedures designed to reduce the risk of accidental destruction, or loss, or unauthorised disclosure or access to such information appropriate to the nature of the information concerned, including:

  • (where appropriate) password protection, encryption, and use of secure communication transmission software (known as "secure socket layering" or "SSL") to protect our Sites;
  • placing confidentiality requirements on our employees and service providers;
  • destroying or permanently anonymising personal information if it is no longer needed for the purposes for which it was collected; and
  • following strict security procedures in the storage and disclosure of your personal information to prevent unauthorised access to it. Whilst we take appropriate technical and organisational measures to safeguard your personal information, no transmission over the Internet can ever be guaranteed to be secure. Therefore, we cannot guarantee the security of any personal information that you transfer over the Internet to us and any such transmission is at your own risk.
  • As the security of personal information depends in part on the security of the computer you use to communicate with us and the security you use to protect usernames and passwords, you should take steps to protect against unauthorized access to your password, computer, and web-enabled devices, among other things, by signing off after using a shared computer, inserting a password on your web-enabled device, choosing a password that nobody else knows or can easily guess, keeping your password private, and periodically changing your password. You should never share your log-in information with others. We are not responsible for any lost, stolen or compromised passwords, or for any activity on your account via unauthorized password activity. More information on ACTIVE’s security can be found at: https://www.activenetwork.com/security.

    Storing your personal information

    We will store your personal information for as long as is reasonably necessary for the purposes for which it was collected, as explained in this Policy. Where your information is no longer needed, we will ensure that it is disposed of in a secure manner. In some circumstances we may store your personal information for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax, accounting requirements.

    In specific circumstances we may store your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings.

    EXPLAINING MORE ABOUT DIRECT MARKETING

    How we use personal information you keep you up to date with our Services

    We may use personal information to let you know about our Services that we believe will be of interest to you. We may contact you by email, post, or telephone or through other communications channels that we think you may find helpful. In all cases, we will respect your preferences for how you would like us to manage marketing activities with you.

    We also work with carefully selected third parties, such as promotional partners and others with whom we have marketing or other relationships. At all times, in accordance with your marketing preferences, these third parties may contact you by email, SMS/text, social media or through other communications channels to tell you about products and services that they believe would be of interest to you.

    How you can manage your marketing preferences

    To protect privacy rights and to ensure you have control over how we manage marketing with you:

    • We will take steps to limit direct marketing to a reasonable and proportionate level and only send you communications which we believe may be of interest or relevance to you;
    • At any time you can update or correct your personal profile, or change your preferences for the way in which you would like us to communication with you, including how you receive details of latest offers from us;
    • If you have an online account with us, the easiest way to make updates to your marketing preferences and/or change your personal details is to log onto your account. You can also click the “unsubscribe” link that you find on any online newsletters you receive or contact customer support team at support@activenetwork.com.
    • You can ask us to stop direct marketing at any time – you can ask us to stop sending email marketing by following the unsubscribe link you will find on all the email marketing messages we send you. Alternative you can contact us at support@activenetwork.com. Please specify whether you would like us to stop all forms of marketing or just a particular type (e.g. email);
    • You can change the way your browser manages cookies, which may be used to deliver online advertising, by following the settings on your browser.

    We recommend you routinely review the privacy notices and preference settings that are available to you on any social media platforms as well as your preferences in your account with us. Further, if (in accordance with your marketing preferences) you receive marketing from the third parties referred to above, we recommend you review any relevant third party's privacy notice for how they use your personal information.

    Be aware that if you unsubscribe from our marketing communications we may be unable to notify you of tailored services or offer to meet your needs. If you unsubscribe from marketing communications from us, you will still receive operational and service messages from us regarding your Events and/or registrations.

    When and how we undertake profiling and analytics

    We undertake profiling and analytics to improve our Sites and Services by providing personalized experiences, location customization, personalized help, and instructions.

    This means that we may automatically process personal information to evaluate certain personal aspects about an individual, in particular to analyse or predict aspects concerning personal preferences, interests, behavior, location or movements. When we send or display personalized communications or content, we use some profiling techniques. This means we may collect personal data about you in the different scenarios mentioned above (in the why we collect your data section), and use this data to analyse, evaluate, or predict your personal preferences, interests, behavior and/or location.

    Based on our analysis, we then send or display communications or content specifically tailored to your interests and needs.

    You may have the right to object at any time to the use of your personal data for “profiling”. Please see LEGAL RIGHTS AVAILABLE TO EU DATA SUBJECTS HELP MANAGE YOUR PRIVACY section below.

    Some of the legitimate purposes for which we profile personal information include:

    • to obtain a better understanding of what you would like to see from us and how we can continue to improve our services for you;
    • to personalise the service and offers you receive from us;
    • to provide you with tailored content online and optimise your experience of our Sites and Services;
    • to provide you with tailored advertisements on other websites you visit and social media and digital platforms;
    • to share marketing material we believe may be of interest to you, including from other ACTIVE entities and our third party partners;
    • to help us operate our services more efficiently;
    • to authenticate log-ins on our Sites and detect and prevent fraud.

    Where required under applicable privacy laws:

    • we will take steps to ensure that prior to profiling your personal information for a legitimate interest that our legitimate interest is not overridden by your own interests or fundamental rights and freedoms; and
    • you may have rights to object to us profiling your personal information. You can learn more about such rights in LEGAL RIGHTS AVAILABLE TO EU DATA SUBJECTS HELP MANAGE YOUR PRIVACY.

    When and how we carry out automated decision making

    We undertake automated decision making to improve our Sites and Services by providing personalized experiences, location customization, personalized help, and instructions.

    This means that we may automatically process personal information to evaluate certain personal aspects about an individual, in particular to analyse or predict aspects concerning personal preferences, interests, behavior, location or movements. When we send or display personalized communications or content, we may use automated decision making. This means we may collect personal data about you in the different scenarios mentioned above (in the why we collect your data section), and use this data to analyse, evaluate, or predict your personal preferences, interests, behavior and/or location.

    Based on our analysis, we then send or display communications or content specifically tailored to your interests and needs.

    You may have the right to object at any time to the use of your personal data to carry out automated decision making. Please see LEGAL RIGHTS AVAILABLE TO EU DATA SUBJECTS HELP MANAGE YOUR PRIVACY section below.

    Some of the legitimate purposes we carry out automated decision making:

    • to obtain a better understanding of what you would like to see from us and how we can continue to improve our services for you;
    • to personalise the service and offers you receive from us;
    • to provide you with tailored content online and optimise your experience of our Sites and Services;
    • to provide you with tailored advertisements on other websites you visit and social media and digital platforms;
    • to share marketing material we believe may be of interest to you, including from other ACTIVE entities and our third party partners;
    • to help us operate our services more efficiently;
    • to authenticate log-ins on our Sites and detect and prevent fraud.

    COOKIES

    A cookie is a small text file containing small amounts of information which is downloaded to / stored on your computer (or other internet enabled devices, such as a smartphone or tablet) when you visit a website.

    Cookies may collect personal information about you. Cookies help us remember information about your visit to our Site, like your country, language and other settings. Cookies allow us to understand who has seen which webpages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of our Site(s). They can also help us to operate our Sites more efficiently and make your next visit easier. Cookies can allow us to do various other things, as explained further in our Cookie Policy which you can access by clicking on the link below.

    For more information about how our cookies work and information about how to manage your cookie settings please visit our Cookie Policy.

    LEGAL RIGHTS AVAILABLE TO EU DATA SUBJECTS HELP MANAGE YOUR PRIVACY

    Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, if you are an EU data subject, you may have certain rights in relation to your personal information. Click on the links below to learn more about each right you may have:

    If you wish to access any of the above-mentioned rights, we may ask you for additional information to confirm your identity and for security purposes, in particular before disclosing personal information to you.

    We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

    You can exercise your rights by completing the form located at http://www.active.com/claim. Subject to legal and other permissible considerations, we will make every reasonable effort to honour your request promptly or inform you if we require further information in order to fulfil your request.

    We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

    Right to access personal information

    You have a right to request that we provide you with a copy of your personal information that we hold and you have the right to be informed of (a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information may be transferred. You can exercise this right by completing the form located at http://www.active.com/claim

    Right to rectify or erase personal information

    You have a right to request that we rectify inaccurate personal information. We may seek to verify the accuracy of the personal information before rectifying it.

    You can also request that we erase your personal information in limited circumstances where:

    • it is no longer needed for the purposes for which it was collected; or
    • you have withdrawn your consent (where the data processing was based on consent); or
    • following a successful right to object (see right to object); or
    • it has been processed unlawfully; or
    • to comply with a legal obligation to which ACTIVE is subject.

    You can exercise these rights by completing the form located at http://www.active.com/claim.

    We are not required to comply with your request to erase personal information if the processing of your personal information is necessary:

    • for compliance with a legal obligation; or
    • for the establishment, exercise or defence of legal claims.

    Right to restrict the processing of your personal information

    You can ask us to restrict your personal information, but only where:

    • its accuracy is contested, to allow us to verify its accuracy; or
    • the processing is unlawful, but you do not want it erased; or
    • it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; or
    • you have exercised the right to object, and verification of overriding grounds is pending.

    We can continue to use your personal information following a request for restriction, where:

    • we have your consent; or
    • to establish, exercise or defend legal claims; or
    • to protect the rights of another natural or legal person.

    Right to transfer your personal information

    You can ask us to provide your personal information to you in a structured, commonly used, machine readable format, or you can ask to have it transferred directly to another data controller, but in each case only where:

    • the processing is based on your consent or on the performance of a contract with you; and
    • the processing is carried out by automated means.

    Right to object to the processing of your personal information

    You can object to any processing of your personal information which has our legitimate interests as its legal basis if you believe your fundamental rights and freedoms outweigh our legitimate interests.

    If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.

    Right to object to how we use your personal information for direct marketing purposes

    You can request that we change the manner in which we contact you for marketing purposes.

    You can request that we not transfer your personal information to unaffiliated third parties for the purposes of direct marketing or any other purposes.

    Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction

    You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the European Union.

    We may redact data transfer agreements to protect commercial terms.

    Right to lodge a complaint with your local supervisory authority

    You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information.

    We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

    CHILDREN UNDER 16

    Parents have the right to consent to the collection and use of personal information from children under the age of 16 (collectively, “Children,” and individually, a “Child”) without also consenting to the disclosure of such information to outside third parties, except in order to provide the Services. ACTIVE does not share personal information collected from Children with third parties for any purpose other than to provide the Services.

    What information do we collect from children under the age of 16?

    • Personal information such as a parent’s email address;
    • Username and password;
    • Date of birth;
    • Display name (this is the name other people will see when the Child posts items to one of our Sites or engage in other similar activities on our Sites);
    • Information about a Child’s activities and interests;
    • Other profile data, such as contact information, gender, and photo (collected from the parent);
    • Physical activities or similar health related information (how long you exercised, caloric intake, or weight lost); and
    • The contact information of a friend (when inviting them to visit the Site).

    How we use the information collected from Children?

    • To provide a notice to parents regarding your Child’s interest in registering to use the Sites;
    • To obtain verifiable parental consent;
    • To provide our Services, to communicate with parents about your Child’s use of our Services and for other customer service purposes;
    • To provide information that a parent or Child has requested to receive from us in response to an opt-in request;
    • To provide our Services at the request of our Clients
    • To administer Events;
    • To provide results of Events; and
    • To improve our Sites and Services by providing personalized experiences, location customization, personalized help, and instructions.

    Can I access and modify my Child’s personal information?

    If your Child’s personal information changes, if you no longer wish to allow your Child to participate on the Sites, or if you wish to delete your Child’s information and refuse further collection and use of the information, please email us at privacy@activenetwork.com.

    How long is my Child’s information retained?

    We will retain the information we collect for as long as your or your Child’s account is active, as needed to provide our Services. You may close your or your Child’s account by contacting us. Nonetheless, we may retain your or your Child’s information for an additional period as is permitted or required to comply with our legal obligations, resolve disputes, and enforce our agreements. Please note that even if we delete your or your Child’s information, it may persist on backup or archival media and other information systems.

    SPECIAL INFORMATION FOR CALIFORNIA RESIDENTS

    California “Shine the Light” Request. California residents may request a list of all third parties to which ACTIVE has disclosed certain personally identifiable information about you for marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at:

    Attn: ACTIVE Privacy
    Active Network, LLC
    717 North Harwood Street
    Suite 2500
    Dallas, TX 75201
    Phone: 469-291-0300
    Toll Free: 888-543-7223
    Email: privacy@activenetwork.com

    For information on our online tracking practices please refer to the section entitled Information We Collect Automatically.

    CONTACT US

    ACTIVE regularly reviews its policies, procedures and practices regarding personal information and this Policy.

    The primary point of contact for all issues arising from this Policy is our Data Protection Officer. Our Data Protection Officer can be contacted in the following ways:

    Email: privacy@activenetwork.com or GDPR@activenetwork.com
    Attn: ACTIVE Privacy
    Active Network, LLC
    717 North Harwood Street
    Suite 2500
    Dallas, TX 75201
    Phone: 469-291-0300
    Toll Free: 888-543-7223

    If you have any questions, concerns or complaints regarding our compliance with this Policy, the information we hold about you or if you wish to exercise your rights, we encourage you to first contact us. We will investigate and attempt to resolve complaints and disputes and make every reasonable effort to honour your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by data protection laws.

    To contact your data protection supervisory authority

    You have a right to lodge a complaint with your local data protection supervisory authority (i.e. your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before your local supervisory authority. Your local authority can be found here.