ACTIVE Network Privacy Notice

Active Network, LLC values your privacy, and we are committed to protecting your personal information.

This Privacy Notice (“Notice”) relates to the collection of personal information from users of our websites, mobile applications (“Apps”), email, branded social media sites, and other online or mobile services that link to or expressly reference this Notice (collectively the “Sites”).

For the purpose of this Notice, “Active” “we” and “us” refer to Active Network, LLC and its subsidiaries and affiliates, as the context requires. Our privacy practices vary depending on the services we provide and the country-specific requirements for the countries in which we operate. For some products and services, where required, we will provide additional privacy notices before collecting your personal information. Please read this Notice carefully. If you have any questions, you may contact us at [email protected] or by the methods provided in the “Contact Us” section below.

ACTIVE is a leading provider of Activity and Participant Management solutions (our “Services”). Our flagship technology platform, ACTIVEWorks®, transforms the way our customers (“Event Organizers” or “Clients”) manage their activities and events by automating online registrations and streamlining other critical management functions, while also driving individual participation to their Events. Our Sites include online communities for people who want to discover, participate in, and share activities about which they are passionate.

The information we collect from you allows you to log into our Sites, use our Services and Sites, and register for events, contests, camps, licenses, classes, tickets, facility/equipment use, transactions, sales, memberships, reservations, donations, and/or activities (collectively, “Events”).  Individuals (and people or organizations authorized to act on behalf of individuals) may provide us information directly or indirectly by registering for an Event or by otherwise using our Services (these individuals are referred to as “Consumers”). For example, you may enter your information in order to register for an Event, or someone who has organized a team may enter your information on your behalf to register your entire team.

When we process personal information through our Sites, we do so for our own business purposes in the context of our relationship with Consumers who use our Sites.  We also enable our Event Organizers and other third parties to process personal information for their own business purposes subject to their own terms and to the privacy notice they present to Consumers. This Notice does not cover the use of personal information by an Event Organizer or other third party that is acting as a data controller when they collect and use your personal information.  We encourage you to review the privacy notices of those parties which we will make available on our Sites, as applicable.  

For Event Organizers, information about disclosures, transfers and other processing of personal information as part of the Services is set out in the documentation provided to them at or before onboarding. This Notice is a supplement, not a replacement, to that documentation and relates specifically to information we collect through our Sites.

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 about our processing of your personal information, please contact us at [email protected].

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 SHARE PERSONAL INFORMATION WITHIN ACTIVE AND WITH OUR SERVICE PROVIDERS, AND OTHER PARTNERS, FOR OUR BUSINESS PURPOSES
HOW WE SHARE PERSONAL INFORMATION WITH THIRD PARTIES FOR THEIR OWN BUSINESS PURPOSES
COOKIES AND OTHER TRACKING TECHNOLOGIES
TRANSFERRING PERSONAL INFORMATION GLOBALLY
HOW WE PROTECT AND STORE PERSONAL INFORMATION
MORE INFORMATION ABOUT MARKETING, PROFILING AND AUTOMATED DECISION-MAKING
YOUR LEGAL RIGHTS
CHILDREN
CHANGES AND UPDATES
CONTACT US
REGION-SPECIFIC INFORMATION

PERSONAL INFORMATION WE COLLECT AND OUR BUSINESS PURPOSES FOR COLLECTION

Through our Sites and Apps, subject to your consent if required by law, we may collect the following personal information for the business purposes listed in the table below:

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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:

• For identity and credential management, including identity verification and authentication, system and technology administration;
• To protect the security and integrity of systems, networks, applications and data, including detecting, analyzing and resolving security threats, and collaborating with law enforcement or other groups about imminent threats;
• For fraud detection and prevention;
• For legal and regulatory compliance, including all uses and disclosures of personal information that are required by law or for reasonably needed for compliance with company policies and procedures, such as: anti-money laundering programs, security and incident response programs, intellectual property protection programs, and corporate ethics and compliance hotlines;
• For audits, including financial, security, or compliance audits, and analysis and reporting;
• To enforce our contracts and to protect against injury, theft, legal liability, fraud or abuse, to protect people or property, including physical security programs;
• To de-identify the data or create aggregated datasets, such as for consolidating reporting, research or analytics;
• To make back-up copies for business continuity and disaster recovery purposes; and
• For corporate governance, including mergers, acquisitions and divestitures.

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 perform the Services, unless we are required to do otherwise under applicable laws.  In addition to processing sensitive personal information as required to perform the Services, we may process sensitive personal information to detect and prevent security incidents or fraud, to ensure the physical safety of natural persons, 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 any Services we perform.

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 share your personal information with 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 use the Services to 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 SHARE PERSONAL INFORMATION WITHIN ACTIVE AND WITH OUR SERVICE PROVIDERS, AND OTHER PARTNERS, FOR OUR BUSINESS PURPOSES:

For each category of personal information we collect, we may share such information in the manner and for the purposes described below:

• With companies engaged to help us run our business, subject to your consent if required by law. These types of companies may include our affiliate companies, distributors of our products and services, service providers retained to perform functions on our behalf or to provide services to us, including (without limitation) legal, accounting, audit, consulting and other professional service providers, and providers of other services related to our business. Portions of our Services may be provided by organizations with which ACTIVE has a contractual relationship, including subcontractors, and, accordingly, your personal information may be disclosed to them. We take steps aimed at ensuring that all such persons process your personal information as disclosed by us only as necessary to perform the Services and subject to a written contract which requires them to comply with applicable laws;
• With logistics service providers to enable the delivery of packages to individuals;
• With other third parties with whom you direct us to your personal information, subject to your specific consent for such data sharing;
• With regulators including state and federal agencies, card payment networks, issuing banks and other parties required to enable compliance with laws, regulations and industry standards related to transaction processing and in order to obtain commercial and credit information to establish, maintain or renew a customer’s contract(s), as may be required to provide any of the services for which a customer has subscribed, or to comply with the rules and regulations of any credit or debit card payment network or otherwise in accordance with this Notice;
• In response to a court order or a request for cooperation from a regulatory, law enforcement or other government agency; to establish or exercise our legal rights; to defend legal claims; or as otherwise required or permitted by applicable laws and/or regulations;
• When we believe that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; to protect and defend the rights, property or safety of ACTIVE, its customers, staff, suppliers or others; and
• To purchasers and, subject to local legal requirements, prospective purchasers in the event that ACTIVE and/or its global affiliate companies (as applicable) disposes of, or considers the disposition of, any of its/their business or assets.

HOW WE SHARE PERSONAL INFORMATION WITH THIRD PARTIES FOR THEIR OWN BUSINESS PURPOSES

Subject to any rights you may have as described in this Notice, ACTIVE may also share your personal information with 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 that sharing.

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As a result of your interactions with our Services, 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 share in aggregate, statistical form, non-personal information regarding the visitors to our Sites, traffic patterns, and website usage with our partners, affiliates or advertisers.

We do not sell your personal information to third parties for monetary compensation.  To the extent that we share your personal information with third parties for cross-context behavioral advertising, we will implement features within the Services that enable you to see a list of the entities with which the personal information is shared and which 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 us 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 you 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 visit and enhance your user experience by providing real-time tools including user guides and chatbots

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

• Strictly Necessary. 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. 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. These cookies enable the Sites and Apps to provide enhanced functionality and personalization. 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. These cookies may be set through our Sites and Apps by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other sites.  They are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

On some Sites, when technically feasible, we will enable tools to help you make choices about cookies and other tracking technologies. You may also delete or block cookies at any time by changing your browser settings or by implementing a Global Privacy Control or similar technology. 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 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.

TRANSFERRING PERSONAL INFORMATION GLOBALLY

International data transfer

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

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

• We maintain an agreement entered into by ACTIVE, its parent and affiliate companies which requires each such entity to comply with applicable law wherever personal information is transferred within ACTIVE;
• When we transfer your personal information outside ACTIVE or to third parties who help provide our Services, we obtain contractual commitments from them and enter into standard contractual clauses where applicable to protect your personal information; and
• When we receive requests for information from law enforcement or regulators, we carefully evaluate the legal basis for such requests and our obligations to data subjects.

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. Privacy Shield Framework

In addition to using a separate, valid E.U. data transfer mechanism, ACTIVE has maintained its participation in, and has certified its compliance with, the EU-U.S. Privacy Shield Framework. ACTIVE is committed to subjecting all personal information received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable principles. To learn more about the Privacy Shield Framework, visit www.privacyshield.gov/list.

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

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

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

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

HOW WE PROTECT AND STORE PERSONAL INFORMATION

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 data 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 Services.  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.  In many cases, the retention time period will correspond to the time period for which you have an account or other type of business relationship with us plus a defined period after that relationship ends which will be defined by our regulatory requirements.

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:

• We will take steps to limit direct marketing to a reasonable and proportionate level and only send you communications which we believe may be of interest or relevance to you; and
• We will provide accessible means for you to update or correct your personal profile, or change your preferences for the way in which you would like us to communication with you, including how you receive details of latest offers from us.

If you have an online account with us, the easiest way to make updates to your marketing preferences and/or change your personal details is to log onto your account. You can also click the “unsubscribe” link on any online newsletters you receive or contact customer support team at [email protected].

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 and Services by providing personalized experiences, location customization, personalized help, and instructions. This means that we may automatically process personal information to evaluate certain personal aspects about 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:

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

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 a Consumer who interacts with our Sites or Apps for the purpose of engaging 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 a relationship.

Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you have the right to:

• Know whether we process your personal information;
• Know how your personal information is used;
• Access, request and receive the personal information we have collected in a portable manner;
• Object to having your personal information sold or shared; and
• Request that we delete your personal data.

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.

CHILDREN

For some Services, subject to parental consent when required, we permit users between the ages of 13 and 18 to use the Sites and Apps. 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:

• To provide a notice to parents regarding the child’s interest in registering to use the Sites or Apps;
• To obtain verifiable parental consent;
• To communicate with parents about the child’s use of our Services and for other customer service purposes; and
• To provide information that a parent or child has requested to receive from us in response to an opt-in request.

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 Services. ACTIVE does not share personal information collected from children with third parties for any purpose other than to provide the Services.

Our Sites and Apps are not intended for use by children under age 13. We do not solicit or knowingly accept any personal information from persons under the age of 13 and we do not sell or share personal information of consumers under age 13. Please do not use the Sites or Apps if you are under the age of 13.

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 any time. 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 our Sites 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.

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:

[email protected]
Active Network, LLC
5850 Granite Pkwy
Suite 1200
Plano, TX 75024
Phone: 469-291-0300
Toll Free: 888-543-7223

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 designate an authorized agent to make a rights request on your behalf, we may require proper proof of that authorization as well as direct verification of your identity from you.

REGION-SPECIFIC INFORMATION

Information for California Residents
If you are a California resident, this section applies to you in addition to the rest of the privacy Notice.

California Shine the Light
If you are a resident of California you may request information concerning the categories of personal information (if any) 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 “Contact Us” section of this Notice.

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 Purpose 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:

• We disclose Basic Identifying Information with: Event Organizers, service providers, third party partners, and other third parties
• We disclose Internet or Other Network Activity with: Event Organizers, service providers, third party partners, and other third parties
• We disclose Geolocation Data with: Event Organizers, service providers, third party partners, and other third parties
• We disclose Payment Information with: service providers who enable the processing of payments and third party partners such as the applicable card schemes.
• We disclose Commercial Information with: Event Organizers, service providers, third party partners, and other third parties
• We disclose Inferences with: Event Organizers, service providers, third party partners, and other third parties

For more information on how your information is shared, please see the “How We Share Personal Information for Our Business Purposes" and “How We Share Personal Information with Third Party Partners for Their Own Business Purposes” sections, which provides more detail.

As a California resident, you have specific rights with regard to your personal information.  When ACTIVE acts as a business for the purpose of processing your personal data you can contact us using the information provide in the “Contact Us” section of this Notice with regard to the following rights:

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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 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 [email protected].

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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.