Last Updated: January 31, 2020
ActiveNetwork, LLC (“Active,” “us”, “we” or “our”) values your privacy, and is committed to protecting your personal information. Active provides activity and participant management solutions (our “Services”) that enable nonprofits, universities, state and local agencies, and other organizations (our “Customers”) to manage the events, camps, and classes, or other programs they offer to individuals (“End Users”).
In this Privacy Notice (“Notice”), we describe how we collect, use, and share personal information about our Customers and End Users through the Services, websites (“Sites”), and mobile applications (“Apps”) where this Notice is posted. We may provide additional privacy notices as necessary that apply to your use of certain products. This Notice applies to the Services, Sites, and Apps as provided by Active on its own behalf or in combination with one of its parents, affiliates, or subsidiaries.
In this Notice, we provide information about:
Please be aware that not all of the information in this Notice will be directly applicable to our handling of your personal information. As an Active Customer, there may be additional terms that govern your use of an Active Service that are provided in the agreement you have with Active. This Notice provides an overview of the possible circumstances in which we interact with your personal information. If you have any questions about our processing of your personal information, please contact us at email@example.com
PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT
Active collects two different categories of personal information when Customers and End Users interact with Active:
Active uses these categories of personal information differently because while we have a direct relationship with our Customers and therefore may determine why and how to handle Customer Information, our relationship with End Users is indirect and based on our relationship with our Customer. We only handle End User Information in accordance with our Customer’s instructions. If you are an End User who has a relationship with one of our Customers and have a question about how your personal information is collected, used, or shared, or would like to exercise any rights you may have with respect to your personal information, please contact the Customer directly.
We will only collect, use, and share personal information where we are satisfied that we have an appropriate legal basis to do so. Subject to consent if required by law, we may collect the following categories and types of Customer Information as relevant to the Services with which you, a Customer, engaging:
Active may also collect the following categories of End User Information on behalf of and as directed by our Customers:
How we use your personal information. We use your personal information to provide the Services. In providing the Services, we may use your personal information for the following business purposes:
Sources of personal information. We collect personal information from the following sources:
Data anonymization and aggregation. Subject to your consent if required by law, we may anonymize or aggregate your personal information in such a way as to ensure that you are not identified or identifiable from it, in order to use the anonymized or aggregated data. For example, we may use anonymized or aggregated data for statistical analysis including to analyze trends, for product development, and for risk assessments and cost analysis. We may share anonymized or aggregated data with our parents, subsidiaries, affiliates or with other third parties.
This Notice does not restrict Active’s use or sharing of any non-personal, summarized, derived, anonymized or aggregated information.
HOW WE SHARE PERSONAL INFORMATION
We share your personal information in the manner and for the purposes described below:
Active does not sell your personal information to third parties.
In addition, subject to applicable legal requirements, we may share personal information in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business assets to another company.
TRANSFERRING PERSONAL INFORMATION GLOBALLY
We operate on a global basis. This means that your personal information may be transferred to and stored in the United States or in another country outside of the country in which you reside, 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.
EU transfer mechanism. Active participates in, and has certified its compliance with, the EU-U.S. PrivacyShield Framework and Swiss-U.S. Privacy Shield Framework. To learn more about Privacy Shield, visit www.privacyshield.gov.
Active is responsible for both its processing of personal information and subsequent transfers to any 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 PrivacyShield 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.
Residents of the European Union and of Switzerland have a right to contact us for more information about the safeguards we have put in place to ensure adequate protection of personal information.
If you have an unresolved privacy or data use concern that we have not addressed adequately, you may contact our U.S.-based third party dispute resolution provider at: https://feedback-form.truste.com/watchdog/request.
Under certain conditions, described in full on the Privacy Shield website, you may been titled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
HOW WE PROTECT AND DISPOSE OF PERSONAL INFORMATION
We take seriously our responsibility to protect the security and privacy of your personal information. We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Any suspected attempt to breach our notices, policies, or procedures, or to engage in any type of unauthorized action involving our information systems, is regarded as potential criminal activity. Suspected computer mischief may be reported to the appropriate authorities.
Please remember that communications over the internet such as emails are not secure. We seek to keep secure all confidential information and personal information submitted to us in accordance with our obligations under applicable laws and regulations. However, like all website operators, we cannot guarantee the security of any data transmitted through the internet.
When we no longer need your personal information to provide the Services, it will be securely deleted or de-identified in a manner that ensures you cannot be re-identified.
COOKIES AND OTHER TRACKING TECHNOLOGIES
A “cookie” is a text file that is stored to your browser when you visit a website.
Unique device identifiers like IP address or UDID recognize a visitor’s computer or other device used to access the internet. Unique device identifiers are used alone and in conjunction with cookies and other tracking technologies for the purpose of “remembering” computers or other devices used to access the Sites and Apps.
Cookies can be classified by duration and by source:
The cookies that we may use on the Sites fall into the following categories:
How to Delete or Block Cookies
On some Sites, when technically feasible, we will enable tools to help you make choices about cookies. You may also delete or block cookies at any time by changing your browser settings. You can click “Help” in the toolbar of your browser for instruction or review the cookie management guide produced by the Interactive Advertising Bureau available at www.allaboutcookies.org. If you delete or block cookies, some features of the Sites may not function properly.
Active may include links to other websites that are not under Active’s 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 encourage our Customers and End 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 personal information collected by us. You should read any other applicable privacy and cookies notices carefully before accessing and using other websites.
CHILDREN UNDER 18
The Services are not intended to be used by children. We do not knowingly solicit business from Customers under the age of 18. Any Customer use of the Service to collect personal information from persons under the age of 18 is subject to such Customer’s own privacy notice.
YOUR LEGAL RIGHTS
If you are an End User who uses Active for the purpose of registering with our Customers and have questions about legal rights you may have with respect to your personal information collected by our Customer, please consult the Customer with which you have registered.
Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, some of our Customers, including European Union residents and residents of the state of California, may have certain rights in relation to their personal information. These rights may include:
EU Resident Rights
Right to be informed
Right to access personal information
Right to data portability
Right to rectification
Right of erasure (“right to be forgotten”)
Right to restrict/suspend processing of personal information
Right to information about information transfers
Right to complain to a supervisory authority
What does this mean?
You have the right to be provided with clear and easy-to-understand information about how we use your personal information. This is why we are providing you this Notice and we may provide other forms of notice, as appropriate or required by law, in the Services.
You have the right to access and receive a copy of personal information we hold about you.
In some circumstances, you have the right to receive the personal information you request from us in a format that is user-friendly and enables you to transfer it to another provider.
You have the right to correct or update your personal information if it is outdated, incorrect or incomplete.
In some circumstances, you have the right to have your personal information erased or deleted.
You may object to processing of personal information that is based on legitimate interest. You may withdraw consent for processing that is based on consent (this includes the right to opt out of direct marketing).
You have the right to obtain a copy of documents related to the safeguards under which your personal information is transferred outside the EU.
You have the right to contact the data protection authority in your country to complain about our data protection and privacy practices.
CA Resident Rights
Right to know about personal information collected, disclosed, and sold
Right to opt-out of the sale of personal information
Right to request deletion
Right to equal service and prices(“non-discrimination”)
What does this mean?
You have the right to request that we disclose to you what categories of personal information we have collected, used, disclosed, or sold over the past 12months. We have provided information about the categories of personal information we have collected, the sources from which we collected it, the purposes for which it was collected, and the third parties with whom we may share it with above.
You may request that we do not sell your personal information to third parties.
In some circumstances, you have the right to have your personal information erased or deleted.
Your choice to exercise your privacy rights will not be used as a basis to discriminate against you in services offered or pricing.
Changes and Updates. We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Notice, in whole or in part, at anytime. When we amend this Notice, we will revise the “last updated” date located at the top of the document. We will also take reasonable steps to ensure you are made aware of any material updates including providing you direct communication about such changes or providing a notification through the Services, as appropriate. If you provide personal information to us or access or use the Services after this Notice has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Notice will be available on the Sites and Apps and will supersede all previous versions of this Notice.
Choice of Law. This Notice, including all revisions and amendments thereto, is governed by the laws of the United States, State of Georgia, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.
Arbitration. By using the Services in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Active and/or its parent, subsidiaries, affiliates and each of the irrespective members, officers, directors and employees (all such individuals and entities collectively referred to herein as the "Active Entities") arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Atlanta,Georgia; (4) the arbitrator's decision shall be controlled by the terms and conditions of this Notice and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Services;(5) the arbitrator shall apply Georgia law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Active Entity's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Active Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Global Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Active agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Active will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Active shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
If you are an End User who has a relationship with one of our Customers and have a question about how your personal information is collected, used, or shared, or would like to exercise any rights you may have with respect to your personal information, please contact the Customer directly.
For other questions about this Notice, or if you are a Customer and want to exercise your rights as described in this Notice, you may contact Active as follows:
Email: firstname.lastname@example.org or GDPR@activenetwork.com
Attn: ACTIVE Privacy
Active Network, LLC
717 North Harwood Street
Dallas, TX 75201
Toll Free: 888-543-7223
If you designate an authorized agent to make a rights request on your behalf, we request that you notify us of such designation by contacting us using the methods listed above.