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:

• PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT
• HOW WE SHARE PERSONAL INFORMATION
• TRANSFERRING PERSONAL INFORMATION GLOBALLY
• HOW WE PROTECT AND DISPOSE OF PERSONAL INFORMATION
• COOKIES AND OTHER TRACKING TECHNOLOGIES
• CHILDREN UNDER 18
• YOUR LEGAL RIGHTS
• OTHER INFORMATION
• HOW TO CONTACT US

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 privacy@activenetwork.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:

• The personal information of our Customers or potential customers of Active (“Customer Information”), and
• The personal information of End Users who use Active to register with our Customers (“End User Information”).

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:

• Identifiers (including name and contact information including telephone number, email address, or postal address, or other specific identifiers related to your use of the Service)
• Information protected against security breaches (such as financial account information and username and password)
• Commercial information (such as your access and purchase history, the products and services we provide to you, your marketing preferences, or information you provide in any communication with us or when you participate in any blog, community or forum on our Sites)
• Internet/electronic activity (see “Cookies” for additional information)
• Professional or employment related information (such as your status with the organization with which you are affiliated)
• Inferences from the foregoing such as your preferences, characteristics or predispositions

Active may also collect the following categories of End User Information on behalf of and as directed by our Customers:

• Identifiers (such as name, contact information including telephone number, email address, or postal address),
• Information protected against security breaches (such as your name and financial account, username and password),
• Protected characteristics (like race, gender, ethnicity, etc.)
• Commercial information (including records of registration activity, products or services purchased, marketing preferences, information provided in any communication with us, including customer service requests, email messages, and call recordings, or information an provided through participation in any blog, community or forum on Active)
• Internet/electronic activity (see “Cookies” for additional information)
• Geolocation
• Education information

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:

• Create, maintain or provide service for your account
• Processor fulfill requests from you
• Respond to customer service requests from you
• Verify your information
• Process payments
• Undertake activities to maintain the quality, safety or integrity of the Services
• Market to our Customers, subject to their consent if required by applicable law.
• Maintain data security including detecting and responding to security incidents and protecting you, and us, from fraud
• Monitor our Sites including gathering usage data and other analytic information that enables us to maintain and improve the Services
• Other uses that are required for us to meet our legal, contractual  or regulatory requirements
• Other uses as directed by Customers and subject to their privacy notices.

Sources of personal information. We collect personal information from the following sources:

• Information that you provide to us:  We collect personal information that you provide to us when you set up an account with us, use our Services, or communicate with us.  For example, if you register for an online account with us, then we may request your name, contact information and payment information. Providing us with personal information about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Services' features.
• Information collected from third parties:  We may collect information about you from third parties in the course of providing our Services to you.  For example, we may collect personal information like your name, contact information and enrollment status from the Customer you are registering with to offer the Services to you.
• Information collected through technology:  When you visit our Sites or Apps (or when you use any of our Services) we may collect certain information about your location, usage, computer or device through technology such as cookies (see below for more information on cookies).

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:

• With Active affiliates where such disclosure is necessary to provide you with our Services or to manage our business.
• With third-party service providers.  For example, we share personal information with IT service providers who help manage our back office systems or administer our Sites and Apps. These third-party service providers 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.
• With our Customer with whom you are also engaging when you use the Services.  For example, you may be using an ActiveService provided to you through one of our Customer’s (for example, a city) websites, to engage in a purchase or sign up for a class.  Active may share the personal information you provide with the city in order to fulfill your request.  You may also receive communications from the city.  Each such Customer operates independently from Active and their collection and use of your personal information is not subject to this Notice but to their own privacy notices.
• With banks and payment providers to authorize and complete card payments.
• With advertising or social media networks for personalized marketing purposes only related to our Customers (See “Cookies” for additional information”).

Active does not sell your personal information to third parties.

Active may also disclose personal information about you if it believes such disclosure is necessary to comply with laws or respond to lawful requests and legal process or to protect or defend the rights, safety or property of Active, users of the Services or any person including to enforce our agreements, notices, and terms of use.

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:

• Duration. The Sites use both “session” and “persistent” cookies. Session cookies are temporary - they terminate when you close your browser or otherwise end your “active” browsing session. Persistent cookies remember you on subsequent visits. Persistent cookies are not deleted when you close your browser, and they will remain on your computer or other device unless you choose to delete them (see below for “How to Delete or Block Cookies”).
• Source. Cookies can be “first-party” or “third-party” cookies, which means that they are either issued by or on behalf of Active or by a third-party operator of another website. For an example of a third-party cookie, our Sites may contain a Facebook “like” button, which would set a cookie that can be read by Facebook. Our Sites may use both first-party and third-party cookies.

The cookies that we may use on the Sites fall into the following categories:

• Strictly Necessary Cookies. These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions taken by you such as logging in or filling in forms. You can set your browser to block or alert you about these cookies, but blocking them may impede the functionality of the Sites.
• Performance Cookies. These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
• Functionality Cookies.  These cookies enable the Sites to provide enhanced functionality and personalisation. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies then some of these services may not function properly.
• Targeting Cookies. Active does not set targeting cookies on EndUser facing Sites where this Notice is posted. However, our Customers may set these cookies on End User facing Sites for their own purposes and subject to their own privacy notice. Active may alone or through an advertising partner set cookies on Customer facing Sites. These cookies may be used by those partners to build a profile of Customer interests and show you relevant advertisements on other sites, including social media platforms. They are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

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.

‍External Links
‍
‍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:

OTHER INFORMATION

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. 

‍ CONTACT US 

‍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: 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 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.