ACTIVE Network Privacy Notice
Active Network, LLC (“ACTIVE,” “we,” “us,” “our”) is a leading provider of activity and participant management solutions (collectively, our “Solutions”). Cities, universities, summer camps, fitness chains, endurance-competition and athletic organizations, and other clients use our Solutions, including but not limited to ACTIVENet and ACTIVEWorks Endurance, to register participants for their events (“Events”), to collect and maintain important information about their participants, to communicate with their participants, and to collect payments from their participants. We also maintain a publicly accessible website, Active.com, that enables fitness and recreation enthusiasts to search for or browse events hosted by our clients using event location, event type, event date, or other relevant criteria as filters; to register for events that interest them; to participate in like-minded communities; and to track their event registrations and results. This Privacy Notice (“Notice”) describes how ACTIVE and our subsidiaries and affiliates collect and process personal information from and about subscribers and visitors to and users of our websites and branded social media pages (“Sites”), our web-based and mobile applications (“Apps”), our email communications and newsletters, and any of our Solutions that link to or expressly reference this Notice.
If you are an end user of our Sites, Apps, or Solutions, then our privacy practices may vary depending on the nature of your interactions with us and the jurisdiction in which you are located. Depending on the Sites, Apps, or Solutions with which you interact, ACTIVE may collect and process personal information from or about you for its own purposes, or it may do so exclusively for its clients’ purposes, in accordance with ACTIVE’s contract terms with them. If you interact with us through a client who has purchased an ACTIVE Solution to facilitate the management of their events, then that client may be a “data controller” for your personal information, and you should consult their privacy notice in addition to this one. This Notice does not describe how our clients may use your personal information when they act as a data controller with respect to such personal information, and ACTIVE will redirect any inquiries that you make about client processing activities to the appropriate client.
If you are a client, please note that information about our disclosures, transfers, and other processing of your personal information is described in your contract with ACTIVE and in the documentation provided to you at or before onboarding. For clients, this Notice therefore acts a supplement, not a replacement, to that documentation, and it relates specifically to the personal information we collect through our Sites.
For some products and services, and in certain specialized contexts, we will provide additional privacy notices before collecting your personal information. For example, ACTIVE maintains specific privacy notices for job applicants, employees, and contractors, which are made available to those individuals in the proper context. Moreover, please be aware that not all of the information in this Notice will be directly applicable to our handling of your personal information. This Notice provides an overview of the possible circumstances in which we may interact with your personal information. If you have any questions, you may contact us at privacy@activenetwork.com or by using the methods provided in the “Contact Us ” section below.
The remainder of this Notice is organized as follows:
Personal Information We Collect and Our Business Purposes for Collection
Our Processing of Sensitive Personal Information
Personal Information Event Organizers Collect on ACTIVE
How We Disclose Personal Information to Third Parties for Their Own Business Purposes
Cookies and Other Tracking Technologies
Transferring Personal Information Globally
Data Security and Data Retention
More Information About Marketing, Profiling, and Automated Decision Making
Personal Information We Collect and Our Business Purposes for Collection
Personal information is information that identifies or relates to an identifiable individual. Through our Sites, Apps, and Solutions, subject to your consent if required by law, we may collect the following personal information for the business purposes listed in the table below:
When we rely on your consent as the legal basis for our processing of personal information, you may withdraw your consent as may be instructed in the Solutions, Sites, and/or Apps, or by contacting us using the information in the “Contact Us” section, below.
In addition to the purposes for collecting your information that are listed in the table above, we may also use your information for the following purposes, which we consider to be everyday business purposes for which our legal basis is legitimate interest:
Where we maintain or use de-identified information, we will continue to maintain and use the de-identified information only in a de-identified fashion and will not attempt to re-identify the information.
Our Processing of Sensitive Personal Information
Sensitive personal information includes personal information defined as sensitive under the applicable privacy and data protection laws. It can include data like social security number, financial account number, and biometric data.
When we collect sensitive personal information about you, we will limit our use and disclosure of that information to what is necessary to deliver the Solutions, unless we are required to do otherwise under applicable laws. In addition to processing sensitive personal information as required to deliver the Solutions, we may process sensitive personal information to detect and prevent security incidents or fraud, to ensure the physical safety of natural persons, to use for short-term transient uses (when consistent with the purpose for which the information was collected), and to verify or maintain the quality or safety of our Solutions.
Under some privacy and data protection laws, you may have the right to limit the processing of your sensitive personal information. You can find more information about your rights in other sections of this Notice including any applicable section directed at residents of the state or country in which you reside.
Personal Information Event Organizers Collect on ACTIVE
When you register for an Event, you are not just sharing your personal information with ACTIVE, you are also sharing with our Client, the Event Organizer. Both ACTIVE and the Event Organizer need the same basic information about you, like your name and contact information, for example, which we will collect using our registration form. ACTIVE and the Event Organizer will use that information for the business purposes disclosed to you in each of our separate privacy notices.
Event Organizers may collect additional personal information from you to the extent they deem it necessary to facilitate your participation in their events (“Event Information”). As regards such Event Information, ACTIVE is a service provider, or processor, to the Event Organizer, meaning that we only use it according to the Event Organizer’s instructions. Event Organizers may also enable the collection and sharing of your personal information by other entities, such as charitable organizations, to enable fundraising as part of the event. Event Organizers may also disclose your personal information to team managers or leaders who may help facilitate aspects of your participation in an Event. When an Event Organizer is processing your personal information, such processing will be subject to their privacy notice which they will provide to you.
If you place an Event in your cart without completing a registration, you may also receive communication from us or the Event Organizer for the purpose of verifying whether you need assistance completing your registration.
How We Disclose Personal Information to Our Service Providers and Other Partners for Our Business Purposes
For each category of personal information we collect, we may disclose such information in the manner and for the purposes described below:
How We Disclose Personal Information to Third Parties for Their Own Business Purposes
Subject to any rights you may have as described in this Notice, ACTIVE may also disclose your personal information to third-party partners for their own business purposes, including for them to provide you offers of related products and services. The table below provides additional information about those disclosures:
As a result of your interactions with our Sites, Apps, or Solutions, including ACTIVE Advantage and GearUp, 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.
We may disclose in aggregate, statistical form, non-personal information regarding the visitors to our Sites, traffic patterns, and website usage to our partners, affiliates, or advertisers.
We do not sell your personal information to third parties for monetary compensation. To the extent that we disclose your personal information to third parties for cross-context behavioral advertising, we will implement features within the Sites, Apps, and Solutions that enable you to see a list of the entities with which the personal information is disclosed and that enable you to express your preferences. You can find additional information about how those third parties use personal information in the applicable third-party privacy notice.
You may have rights to opt out of our sharing your personal information with third parties for their own business purposes. You can learn more about such rights in the “Your Legal Rights” section of this Notice.
Cookies and Other Tracking Technologies
Cookies and similar tracking technologies are used to help us retain information about your use of our Sites. Using cookies, we collect information like country location, language preference, and other settings. Cookies can also help us to operate our Sites more efficiently, remember you for future visits and enhance your user experience by providing real-time tools including user guides and chatbots. We also gather statistical information about the use of our services in order to continually improve their design and functionality, to understand how they are used, and to assist us with resolving questions regarding them. Cookies further allow us to select which advertisements are most likely to appeal to you and display them while you are on the Sites and Apps. We may also use cookies or other technologies in online advertising to track responses to the ads.
The cookies and tracking technologies that we may use fall into the following categories:
External Links
ACTIVE may provide links on our Sites and Apps to other websites that are not under our control. We do not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered on those websites. We make no representation regarding your use of such websites. Please be aware that we are not responsible for the privacy practices of the operators of other websites. We encourage our users to be aware when they leave our Sites and to read the privacy statements of each and every website that collects personal information. This Notice applies solely to information collected by us. You should read any other applicable privacy and cookies notices carefully before accessing and using such other websites.
Third-Party Advertising
We use third-party advertising companies to serve advertisements that may be of interest to you when you access and use our Sites, Apps, and Solutions. You may receive advertisements based on information relating to your access to, and use of, our services and other websites or online services on any of your devices, as well as on information received from third parties. These companies place or recognize a unique cookie on your browser (including through the use of pixel tags). They also use these technologies, along with information they collect about your online use, to recognize you across the devices you use such as a mobile phone and a laptop.
If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Notice, please visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/#/. You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps.
Transferring Personal Information Globally
International Data Transfer
ACTIVE is a U.S. company with a global footprint. This means that your personal information may be transferred to and stored in the United States, where data protection laws and regulations may differ from those in effect in your country of residence.
We will take appropriate steps to ensure that transfers of personal information are done in accordance with applicable law, are carefully managed to protect your privacy rights and interests, and are limited to countries that 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:
In some cases, you may 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.
The EU-U.S. and UK-U.S. Data Privacy Frameworks
ACTIVE complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF as set forth by the U.S. Department of Commerce. ACTIVE has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
ACTIVE is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. ACTIVE complies with DPF Principles for all onward transfers of personal data from the EU and the UK, including the onward transfer liability provisions.
The Federal Trade Commission has jurisdiction over ACTIVE’s compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. In certain situations, ACTIVE may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, ACTIVE commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.
For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.
Data Security and Data Retention
We have implemented and maintain appropriate technical and organizational security measures, policies, and procedures designed to reduce the risk of accidental destruction, or loss, or unauthorized disclosure or access to such information appropriate to the nature of the information concerned. 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, using 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.
We retain the personal information we collect for different periods of time depending on what it is and how we use it. In some contexts, we will provide additional information about retention as you use the Sites, Apps, and Solutions. When we collect your personal information, we will retain it only for as long as is necessary to complete the legitimate business or legal purposes for which we collected it. The criteria used to determine our retention periods include:
More Information About Marketing, Profiling, and Automated Decision Making
To protect your privacy rights and to ensure you have control over how we manage marketing with you:
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 on to your account. You can also click the “unsubscribe” link on any online newsletters you receive or contact the customer support team at support@activenetwork.com.
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 transactional and service messages from us regarding your Events and/or registrations.
We undertake profiling, automated decision making, and analytics to improve our Sites, Apps, and Solutions 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 you to predict your personal preferences, interests, behavior, or location. Based on our analysis, we then send or display communications or content specifically tailored to your interests and needs.
Some of the purposes for which we engage in profiling, automated decision making and analytics include:
When required under applicable privacy laws, prior to using automated decision making or profiling for a legitimate interest, we will take steps to ensure that our legitimate interest is not overridden by your own interests or fundamental rights and freedoms. We may also provide you with means to opt out of the use of your personal information for these purposes and opt out of the sharing your personal information with third parties for their own business purposes.
You can learn more about such rights in the “Your Legal Rights ” section of this Notice.
Your Legal Rights
If you are visiting or using our Sites, Apps, or Solutions for the purpose of engaging with our clients and you have questions about legal rights you may have with respect to your personal information collected by our clients, please consult the client or clients with which you have a relationship.
Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have the right to:
For some users we have additional disclosures in the “Region-Specific Information ” section of this Notice directed at users based on where they reside. You may contact us using the information in the “Contact Us ” section of this Notice for additional information about how to exercise your rights. In addition, if you are a resident of California, Colorado, Delaware, Oregon, Australia, Quebec, the European Union, the United Kingdom, or other jurisdiction with similar laws, please see the “Region-Specific Information ” section below for further details on how to exercise your privacy rights.
Children
Subject to parental consent when required, we permit users between the ages of 13 and 18 to use certain Solutions. In addition to the categories of personal information and business purposes and sharing disclosed above, we use personal information collected from users under age 18 for the following purposes:
In some countries, parents have the right to consent to the collection and use of personal information from children without also consenting to the disclosure of such information to outside third parties, except in order to provide the Solutions. ACTIVE does not share personal information collected from children with third parties for any purpose other than to provide the Solutions.
Our Sites, Apps, and Solutions are not directed to children under age 13 or intended for their use. We do not solicit or knowingly accept any personal information from persons under the age of 13. Please do not use the Sites, Apps, or Solutions if you are under the age of 13.
Changed and Updates
We reserve the right, in our sole discretion, to modify, update, or otherwise change this Notice. The “Last Updated” legend at the top of this Notice indicates when this Notice was last revised. Any changes will become effective when we post the revised Notice on our services, including our Sites, Apps, and Solutions. Where required by applicable law, to the extent we make material or significant changes to the Notice, we will notify you of the update via a pop-up, email, other notification in the Sites, Apps or Solutions, or other method by which we routinely communicate with you.
Contact Us
If you have questions about this Notice, or if you want to exercise your rights as described in this Notice, you can submit a request by completing this form (https://www.active.com/claim) or you may contact us as follows:
Active Network, LLC
3400 N. Central Expressway
Suite 300
Richardson, TX 75080
Phone: 469-291-0300
Toll Free in the US and Canada: 888-543-7223
If you make a request to exercise a privacy right, we will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the personal information subject to the request. We may decline to honor your request where an exception applies. In order to honor any access or deletion request, we will require you to provide enough information for us to verify your identity. For example, we may ask you for information associated with your account, including your contact information or other identifying information. If you would like your agent to make a request on your behalf, if permitted under applicable law, the agent may exercise those rights as noted above. We will process the agent’s request consistent with applicable law. As part of our verification process, we may request that the agent provide, as applicable, proof concerning their status as an authorized agent. In addition, we may require that you verify your identity as described in this section or confirm that you provided the agent permission to submit the request.
Region-Specific Information
Information for Residents of California, Colorado, Delaware, Oregon, and Other Similar Jurisdictions
This section supplements the above Notice and further describes how we collect, use, and disclose the personal information we collect about residents of California, Colorado, Delaware, Oregon, and other jurisdictions with similar laws.
Categories of Personal Information We Collect and Our Purposes for Collection and Use
You can find a list of the categories of personal information, the sources from which we obtain that personal information and the business purposes for which we collect that personal information in the “Personal Information We Collect and Our Business Purposes for Collection ” section above.
Categories of Personal Information Disclosed and Categories of Recipients
We disclose the following categories of personal information for business or commercial purposes to the categories of recipients listed below:
For more information on how your information is shared, please see the “How We Disclose Personal Information to Our Service Providers and Other Partners for Our Business Purposes " and “How We Disclose Personal Information to Third Parties for Their Own Business Purposes” sections, which provide more detail.
Do Not Sell or Share My Personal Information
We do not sell or share for purposes of cross-context behavioral advertising the personal information, including the sensitive personal information, of minors under 16 years of age.
In some cases, the Sites, Apps, and Solutions use cookies, including some cookies that are created by other companies and placed on your browser when you visit our website. We use those cookies to improve your experience and to gather information about our customers and the performance of our website. However, the companies who provide those cookies to us also have access to the data collected through them, and they may use that data for targeted advertising purposes. Our use of those third-party cookies could therefore be considered a “share” of your personal information under California law or processing for targeted advertising purposes under other state privacy laws. If you are a resident of California or another U.S. jurisdiction with similar laws, that means you have the right to opt out. If you have not done so already, you can opt out of the placement of all non-necessary cookies by adjusting your cookies. See “Cookies and Other Tracking Technologies ”.
If you would like to opt out of any sales or shares of personal information that are not accomplished through cookies and other web-based trackers, please submit your “Do Not Sell” request using our claim form.
You can also use the GPC to indicate your choice to opt out of certain types of data processing, including sales and “shares” of personal information. Through our consent management platform, administered by OneTrust, the Sites recognize and respond to opt-out requests made using GPC.
Collection, Processing, and Disclosure of Sensitive Personal Information
Subject to your consent where required by applicable law, we collect, process, and disclose sensitive personal information for purposes of: providing goods or services as requested; ensuring safety, security, and integrity; countering wrongful or unlawful actions; short term transient use such as displaying first party, non-personalized advertising; performing services for our business, including maintaining and servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of our business; activities relating to quality and safety control or product improvement; and other collection and processing that is not for the purpose of inferring characteristics about an individual. We do not use sensitive personal information beyond these purposes.
Rights and Requests
Subject to certain exceptions, and in some cases dependent upon the processing activity we are undertaking and/or your state of residence, you may have one or more of the following rights.
You can submit a request for any of the above rights by using the contact information in the “Contact Us ” section of this Notice.
California Shine the Light
If you are a resident of California, you may request information concerning the categories of personal information (if any) that we share with third parties or affiliates for their direct marketing purposes. If you would like more information, please submit a written request to us using the information provided in the above “Contact Us” section of this Notice.
Information for Residents of Quebec
Cross-Border Transfers of Personal Information
If you are a resident of Quebec and we collect personal information about you in Quebec, that information will be communicated outside of Quebec to other locations in Canada, the United States, and other places where we or our service providers process your personal information for the purposes described above.
Data Governance
We maintain a governance program for the protection of any personal information that we collect. The program includes policies and procedures designed to help us comply with this Notice. This program requires employees to protect the confidentiality of personal information that we handle through the lifecycle of that personal information. The program includes an employee code of conduct, breach reporting procedures, data retention and destruction policies, employee training, and procedures for addressing complaints and providing individuals with access to their personal information in accordance with this Notice.
ACTIVE has established controls and mechanisms designed to protect data at each stage of the data lifecycle, from collection or creation through to disposal.
Data Subject Rights
Information for European Union and United Kingdom Residents
To the extent that the Sites with which you are interacting are directed at United Kingdom or European Union residents, this section of the Notice applies to you.
You have specific rights with regard to the processing of your personal data. When ACTIVE acts as a business for the purpose of processing your personal data, you can contact us using the information provided in the “Contact Us ” section of this Notice with regard to the following rights. You may also contact our Data Protection Officer at privacy@activenetwork.com.
Information for Australia Residents
Under the Privacy Act 1988 (Cth) (the “Australia Act”), you have the right to (i) request access to your personal information; (ii) request the correction of your personal information; and (iii) complain about a breach by us of the Australian Privacy Principles (in Schedule 1 of the Australia Act) or any binding registered APP Code. We will handle any complaints or requests for access to or correction of personal information in accordance with our obligations under the Act. All complaints are taken seriously and will be assessed by appropriate personnel with the aim of resolving any issue in a timely and efficient manner and in accordance with the Act.
