Last updated 23 January 2023
ATIV Software supplies a meeting and event platform that simplifies complex events for attendees while providing a central hub for attendees to access services and information pertaining to a specific event. Through a comprehensive content management system (CMS), we ensure that non-technical meeting organizers can create websites and mobile apps with the features and requirements the meeting organizer has determined necessary for their event.
ATIV services are accessible (a) online through various ATIV properties, including without limitation ativsoftware.com, EventPilot meeting platform, ScanHunt gamification app, and BadgeScanner lead retrieval app; (b) through mobile applications, webpages, applications programming interfaces, and subdomains. (a) and (b) are collectively referred to as the “Platform” or our “Services.”
When this privacy policy uses the term “Organizer,” it is intended to mean event creators using the Services to create events for consumers using our Services (a) to consume information about, attend events (“Consumers”), or (b) for any other reason. Organizers, Consumers, and third parties using our Services are all referred to in these Terms collectively as “Users”, “you” or “your”.
ATIV offers Services on behalf of Organizers. ATIV Solutions LLC, doing business as ATIV Software, is a California-registered organization with its principal place of business at 440 N Barranca Ave #4605, Covina CA, 91723, USA (“ATIV,” “us,” we,” or “our”).
ATIV is committed to protecting your privacy. This Privacy Policy sets forth our policy for information that can be associated with or which relates to a person and/or could be used to identify a person (“Personal Data”) collected from Users on or through the use of the Services. We take the privacy of your Personal Data seriously. Because of that, we have created this Privacy Policy. Please read this Privacy Policy as it includes essential information regarding your Personal Data and other information.
“Non-Personal Data” as used in this Privacy Policy is, therefore, any information that does not relate to a person and/or cannot be used to identify a person. When you interact with the Services, we may collect Non-Personal Data. The limitations and requirements in this Privacy Policy on our collection, use, disclosure, transfer, and storage/retention of Personal Data do not apply to Non-Personal Data.
ATIV may change this Privacy Policy at any time. By continuing to access or use ATIV Services, you accept any changes or revisions to this Privacy Policy.
When you use or interact with us through our Services, ATIV may collect Personal Data. Sometimes this will be on our behalf, and other times this will be on behalf of an Organizer using our Services to run an event. This is an important distinction for purposes of certain data protection laws and is explained in more detail below.
For all Users, ATIV collects Personal Data when you voluntarily provide such information to the Services, such as when you register for access to the Services, contact us with inquiries, respond to one of our surveys or browse or use certain parts of the Services. The Personal Data we may collect includes without limitation your name, address, email address, and any other information you choose to provide and/or enables Users to be personally identified.
To enable certain functionality and to improve your experience, ATIV automatically collects information from Consumers when you are logged in to the Platform. This includes personal information and information about the services you use and how you use them.
Logging out or deleting the Personal Data you have provided may affect your ability to use the Services and features provided. Deleting information may not result in the removal of such information from our Services.
We also automatically collect specific technical data sent to us from the computer, mobile device, and/or browser through which you access the Services (“Automatic Data”) regardless of your logged-in status. Automatic Data includes non-personal data such as:
We may associate other Non-Personal Data (including Non-Personal Data we collect from third parties) with your Personal Data. In such an instance, we will treat any such combined data as your Personal Data until it can no longer be associated with you or used to identify you.
If you are an Organizer, ATIV will collect additional Personal Data from you. In some cases, we may collect your credit card information (e.g., your credit card number and expiration date, billing address, etc.), some of which may constitute Personal Data, to secure certain payments. In addition, if you use our payment processing services, we will collect financial information from you (e.g., your bank account information or an address to send checks) as necessary to facilitate payments and information required for tax purposes (e.g., your taxpayer identification number).
If you are a Consumer, ATIV may collect additional Personal Data from you, sometimes for our purposes and other times on behalf of an Organizer (see the section on the EU General Data Protection Regulation below for more information).
We may also collect or receive Personal Data from third-party sources, such as Organizers, other Consumers, social media, or other third-party integrations.
Organizers or Third-Party Services that use our Platform may upload information that could contain personal information about you. ATIV does not control, supervise or respond to how Organizers and Third-Parties providing your information process your Personal Data. Any information request regarding disclosing your personal information to ATIV should be directed to such third parties.
ATIV collects and uses the Personal Data we collect in a manner that is consistent with this Privacy Policy and applicable privacy laws. We may use the Personal Data as follows:
If you provide Personal Data for a particular purpose, ATIV may use the Personal Data in connection with the purpose for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.
If you provide Personal Data to obtain access to or use the Services or any functionality thereof. In that case, ATIV will use your Personal Data to provide you with access to or utilize the Services or functionality and analyze your use of such Services or functionality. For instance, if you are logged in to the Platform, we store and process information about you to provide Platform functionality. The data is used to:
ATIV may review, scan, or analyze Consumer usage of the Platform to improve and/or optimize the Platform and experience. This may include capacity planning, anticipating, diagnosing, supporting, or resolving problems that might limit or disrupt the Platform. The data may also be used for internal purposes such as auditing, data analysis, and research to improve the quality of the Service.
We do not review, scan, or analyze your information to send third-party marketing messages to you. And we will not sell this information or analyses of your communications.
ATIV sometimes makes inferences about the type of sessions or event activities you may be interested in. We may use these inferences to help target advertising or customize recommendations to you, including on behalf of Organizers. We may do this on an aggregated or generalized basis.
ATIV may aggregate data to help provide more useful information to Organizers. Aggregate data may be provided (but is not limited to):
In an ongoing effort to understand and serve Consumers better, we provide data on Consumer behavior based on Personal Data and other information we have collected. This research is conducted on an aggregate basis only and does not identify you. Once Personal Data is in an aggregated form, for purposes of this Privacy Policy, it becomes Non-Personal Data.
ATIV is not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third-party advertisers. There are certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you, as outlined in this Privacy Policy.
To enable our services for our Organizers, your data is shared with them. Organizers have access to your personalized schedules, attendance information, gamification participation, and certificate credit flags to process requests for continuing education credits. User profile information, including comments, discussion chats, and photos you shared publicly through the Platform, are also available to the Organizer. Video recordings rendered through the Platform are at the discretion of the Organizer. Presentation materials and any media items uploaded to the Platform are accessible by Organizers. Your personal notes and direct messages to other users are not shared with Organizers.
ATIV allows Organizers to use our Platform to contact Presenters and Consumers via email for their current events. You may receive emails from our system that originate with such Organizers and are sent on their behalf. You may provide your email address to the Services for the purposes of a specific email (for example, to receive a download of your session notes). However, Organizers may also import the email addresses they have from external sources and send communications through the Services to those email addresses. We will deliver those communications to those email addresses on the Organizer’s behalf. The Organizer, and not ATIV, is responsible for sending these emails.
The Platform may contain links or integrations to third-party websites or services, such as itinerary planners, content platforms (e.g., ePosters), survey services, video conferencing services, audience response systems, abstract management systems, accreditation sites, etc. Personal information is shared in order to enable the integrations and provide the Platform. ATIV does not own or control these third-party partners, and when you interact with them, you may be providing information directly to them. These partners will have their own rules about the collection, use, and disclosure of information. Please review the privacy policies of any other websites you visit.
As a meeting platform, there is functionality to share information publicly with other Consumers to foster networking, including but not limited to:
ATIV may share your Personal Data with our contractors and service providers who process Personal Data on behalf of ATIV to perform certain business-related functions. These companies include our marketing agencies, data enhancement and data services providers, database service providers, backup and disaster recovery service providers, email service providers, payment processing partners, customer support, tech support, hosting companies, and others. When we engage another company to perform such functions, we may provide them with information, including Personal Data, connected with their performance of such functions. These providers are contractually bound to protect and to use any information only for the purposes for which it was disclosed and consistent with this Privacy Policy. Please visit the following link for the specific service providers with whom we contract: https://ativsoftware.com/legal/subprocessors/
ATIV may also share your information with a third party for the following purposes:
If you choose to make a subscription purchase, credit card payments are exclusively processed through Stripe. Please refer to Stripe’s (https://stripe.com/privacy) privacy policy for information regarding their own security protections and use of your personal information. No payment information is stored on our App or our Site for any period of time.
Remember that certain payment processors may be located in or have facilities that are located in a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
ATIV may store Personal Data itself, or such information may be stored by third parties to whom we have transferred it under this Privacy Policy. We undertake practical and reasonable steps to protect your information from unauthorized or accidental access, disclosure, misuse, or processing, or from alteration, destruction, or loss. To that end, we use various security technologies and procedures to help protect your information from unauthorized access, use, or disclosure. However, no network, server, database or Internet, or email transmission is ever fully secure or error-free. Therefore, you should take special care in deciding what information you send to us electronically. Please keep this in mind when disclosing any Personal Data.
In cases where ATIV is a data controller over data accessed in an unauthorized manner, ATIV will notify the affected users directly. When we are solely a processor of data, we will notify the Organizers we determine to be most likely in contact with that individual around the time of a data incident involving the unauthorized access of that individual’s Personal Data.
Depending on your user type (Organizer vs. Consumer), ATIV provides you with various ways to access, download and request the deletion of your Personal Data.
You may access and update some of your information through your Account settings. You are responsible for keeping your personal information up-to-date.
Consumers who have chosen to connect their Account to a third-party application, like Apple, Google, or LinkedIn, can change settings and remove permission for the app by changing their Account settings within the third-party application.
Any information you have publicly shared via the Platform (for example comments in a discussion), you can remove yourself by deleting your shared content using the Platform.
Any inaccurate data uploaded by the Organizer or imported through a third-party data source must be corrected at the source. The information displayed about you in the Service may have been derived from a third party. Please contact the organization that provided you with access to the Platform to request data access, data updates, or data deletion.
If a Consumer initiates a data deletion request, ATIV is authorized to delete or anonymize Personal Data of the requesting Consumer from the Services even if that means removing its availability to the Organizer through the Services. However, if you are a Consumer, you understand that even if ATIV deletes or anonymizes your Personal Data upon your request or pursuant to this Policy, your Personal Data may still be available in the Organizer’s own databases if transmitted to the Organizer prior to ATIV receiving or taking action on any deletion or anonymization activity.
Any Organizer can access, correct, or delete their Personal Data by submitting a request as outlined in the Contact Us section of this Privacy Policy. ATIV will process this request within the required time under the applicable regulation or law.
We will maintain an audit history of any requests to access, correct, or delete personal data to maintain a record of compliance with regulatory requirements.
ATIV may send electronic communications marketing or advertising the Services themselves. You can “opt out” of receiving these electronic communications by clicking on the “Unsubscribe” link at the bottom of any such electronic communication.
Certain electronic communications from ATIV are responsive to your requests. For instance, if you are a Consumer, if you email our customer support department, we will return your email. For Organizers, you may receive email notifications of invoices or account status updates. Notwithstanding any unsubscribe election you have made, you will still receive these transactional or responsive emails.
ATIV retains your Personal Data for as long as necessary to provide you with our Services or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.
ATIV may retain Non-Personal Information for as long as necessary for the purposes and uses described in this Privacy Policy, including as necessary for ATIV to pursue legitimate and lawful business interests.
Unless otherwise provided for in our contract with the Organizer, the Consumer account access associated with an event is removed from our production environment once hosting has ended. All event data is removed from our backup media within 24 months after hosting has ended.
ATIV processes Consumer Personal Data under the direction of the Organizer and has no direct control or ownership of the Personal Data we process. Any Consumer that seeks to access, correct, or delete data, should direct their query to the Organizer. If the Consumer requests ATIV to remove the Personal Data of a Consumer to comply with data protection regulations, ATIV will process this request within the required time under the applicable regulation or law. However, as long as the Consumer Personal Data exists within the Organizer databases, the Organizer may continue to upload it to the Platform.
In addition (a) information you have shared with others (e.g., comments, photos, messages) may continue to be publicly visible on the Platform, even after your Account is erased, and (b) we may retain Personal Data for an additional period as is permitted or required under applicable laws. Even after we delete your Personal Data, it may persist on backup or archival media for an additional period of time for legal, tax, or regulatory reasons or for legitimate and lawful business purposes.
Any Organizer can access, correct, or delete their Personal Data by submitting a request as outlined in the Contact Us section of this Privacy Policy. ATIV will process this request within the required time under the applicable regulation or law.
We will maintain an audit history of any requests to access, correct, or delete personal data to maintain a record of compliance with regulatory requirements.
This Privacy Policy does not apply to any Personal Data you provide to another User or visitor through the Services or through any other means, including to Organizers on event pages or information posted by you to any public areas of the Services.
This Privacy Policy applies only to the Services of ATIV. The Services may contain links to other websites not operated or controlled by us (the “Third-Party Sites”). The policies and procedures we described here do not apply to Third-Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third-Party Sites. We suggest contacting those sites directly for information on their privacy policies.
The Platform is intended for persons 18 years of age and older. In no event will ATIV knowingly collect, use, or disclose information for individuals under the age of 18.
If you visit the Services from outside the United States, please be aware you are sending information (including Personal Data) to the United States, where our servers are located. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how ATIV stores it. These countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage, and use of your Personal Data will at all times continue to be governed by this Privacy Policy.
ATIV may revise this Privacy Policy from time to time. Please review this policy periodically, especially before you provide any Personal Data. This Privacy Policy was updated on the “Last Updated” date at the top of this Privacy Policy. The most current version of the policy will govern our processing of your personal data. By continuing to access or use the Platform after those changes become effective, you agree to be bound by the revised Privacy Policy.
The EU General Data Protection Regulation (GDPR) applies in the European Economic Area (EEA), Switzerland, and the UK only. If you are attending or organizing an event in the EU, the GDPR requires ATIV and Organizers using the Service to provide Users with more information about the processing of their Personal Data, as explained below. If you do not agree to this policy, do not use the Platform.
The GDPR requires ATIV to tell you about the legal ground we’re relying upon to process any Personal Data about you. The legal basis for us processing your Personal Data for the purposes set out in the Section above entitled How We Disclose and Transfer Your Personal Data will typically be because:
EU data protection law makes a distinction between organizations that process Personal Data for their own purposes (known as “data controllers”) and organizations that process Personal Data on behalf of other organizations (known as “data processors”). If you have a question or complaint about how your Personal Data is handled, these should always be directed to the relevant data controller since they are the ones with primary responsibility for your Personal Data.
Where ATIV processes attendees’ Personal Data on behalf of Organizer as part of the Services, ATIV is a Data Processor in performing such Processing and Organizer is the Data Controller. This includes circumstances where ATIV obtains Personal Data as a result of the provision of its core event management services (for example, where ATIV authenticates attendees’ identity based on the attendee list that Organizers uploaded to the Platform, facilitates the transmission of emails to participants at the request of Organizers, or provides event reports and tools to enable Organizers to gain insights into their attendees and the effectiveness of using the ATIV products).
ATIV merely provides an event engagement and management “tool” for Organizers; ATIV does not decide what Personal Data to request on registration forms, nor is it responsible for the continued accuracy of any Personal Data provided. Any questions you may have relating to your Personal Data and your rights under data protection law should therefore be directed to the event organizers as the data controller, not to ATIV.
We offer the ability for Organizers to email event participants directly through our platform. This functionality was built to send service-related emails specific to an Organizer event attended by the recipient of such email. If an Organizer wants to use this function, the Organizer needs to secure his/her own compliant opt-in consent to send such emails. ATIV does not manage the opt-in consent process for Organizers.
ATIV may act as a data controller concerning Personal Data, depending on the circumstances. For example, if you create an account with us to organize your events, ATIV will be a data controller for the Personal Data you provide as part of your account.
We will also be a data controller of the Personal Data we may obtain through the use of the Platform or ATIV Services, which could relate to Organizers or Consumers. We use this to conduct research and analysis to help better understand and serve Users of the Services as well as to improve our platform and provide you with, for example, session recommendations (see Section entitled How We Store Your Personal Data).
ATIV retains your Personal Data for as long as necessary to provide you with our Services or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.
ATIV may retain Non-Personal Information for as long as necessary for the purposes and uses described in this Privacy Policy, including as necessary for ATIV to pursue legitimate and lawful business interests.
Data protection law provides you with rights regarding Personal Data that ATIV holds about you, including the right to request a copy of the Personal Data, request that we rectify, restrict or delete your Personal Data, and unsubscribe from marketing communications.
There may be circumstances where we are not legally required to comply with your request because of the laws in your jurisdiction or because of exemptions provided for in data protection legislation. If you have a complaint about how we handle your Personal Data, please get in touch with us as outlined in the Contact Us section to explain. If you are not happy with how we have attempted to resolve your complaint, you may contact the relevant data protection authority.
ATIV takes the protection of personal data seriously and has appointed DataRep as our Data Protection Representative for the purposes of GDPR (The General Data Protection Regulation, EU 2016/679) in the EU/EEA and The Data Protection Act 2018 (as amended) in the UK. DataRep has locations in each of the 27 EU countries, the UK, and Norway & Iceland in the European Economic Area (EEA), so that our customers can always raise the questions they want with them.
If we have processed or are processing your personal data, you may be entitled to exercise your rights under GDPR in respect of that personal data. For more details on the rights you have in respect of your personal data, please refer to the European Commission (https://ec.europa.eu/info/law/law-topic/data-protection/data protection-eu_en) or the national Data Protection Authority in your country.
If you want to raise a question to us, or otherwise exercise your rights in respect of your personal data, you may do so by:
If you wish to contact DataRep through standard mail, email us at [email protected] for a list of addresses.
ATIV processes Consumer Personal Data under the direction of the Organizer and has no direct control or ownership of the Personal Data we process. Organizers are responsible for complying with any regulations or laws requiring notice, disclosure, or obtaining consent prior to transferring the data to ATIV for processing purposes. Any Consumer that seeks to access, correct, or delete data, should direct their query to the Organizer. If the Consumer requests ATIV to remove the Personal Data of a Consumer to comply with data protection regulations, ATIV will process this request within the required time under the applicable regulation or law. However, as long as the Consumer Personal Data exists within the Organizer databases, the Organizer may continue to upload it to the Platform.
Any Organizer can access, correct, or delete their Personal Data by submitting a request as outlined in the Contact Us section of this Privacy Policy. ATIV will process this request within the required time under the applicable regulation or law.
We will maintain an audit history of any requests to access, correct, or delete personal data to maintain a record of compliance with regulatory requirements.
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside the United States and choose to provide information to us, please note ATIV transfers the data, including Personal Data, to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Whenever we transfer Personal Data outside of the EEA, Switzerland, or the UK, we take legally required steps to ensure that appropriate safeguards are in place to protect your Personal Data. This includes the use of Standard Contractual Clauses issued pursuant to Commission Implementing Decision (EU) 2021/914 of June 4, 2021, of the European Parliament and of the Council. You can find ATIV’s pre-signed You can find ATIV’s pre-signed Organizer Data Processing Agreement which includes a copy of our Standard Contractual Clauses.
If EU authorities or courts determine the transfer mechanism above is no longer an appropriate basis for transfers, ATIV and Organizer shall promptly take all steps reasonably necessary to demonstrate adequate protection for the Personal Data, using another approved mechanism.
If you have questions about this privacy policy, please contact us via https://www.ativsoftware.com or [email protected]. Please note that ATIV may ask you to verify your identity before taking further action on your request.
If you have a complaint about ATIV’s privacy practices, you should write to us at ATIV Software, Attn: Privacy Officer, 440 N Barranca Ave #4605, Covina, CA 91723, USA, or by email [email protected]. We will take reasonable steps to work with you to attempt to resolve your complaint.
Residents of the EEA, Switzerland, or the UK who believe their information has not been processed in compliance with the Principles of the EU General Data Protection Regulation (GDPR) and have already attempted to work with ATIV to address their concerns can also work with an alternative dispute resolver. JAMS (https://www.jamsadr.com/), an alternative dispute resolution provider based in the United States, is the independent dispute resolution body designated to address complaints and provide appropriate recourse. This service is free of charge.
If you are a California resident, ATIV provides additional information about our information practices and you may have certain rights with respect to your information. For more information, please see the State-Specific Supplemental Privacy Notices here.