Privacy Policy
Last Revised: June 20, 2007
This Privacy Policy shall apply to all websites owned and/or operated by the Active Network, Inc., including without limitation the website on which this Privacy Policy has been posted and Active’s parents, subsidiary and/or affiliate entities whether or not referred to directly as Active or The Active Network, Inc. Your privacy and security are important to us. Because we gather certain types of information about Active’s users, we feel you should fully understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it and applies to your use of any of the Active websites. Questions regarding this statement should be directed to privacy@active.com or by contacting us at the address or phone number stated in the last section of this policy. Note: Active’s websites are intended for a general audience and are not specifically directed to children. Active will only collect information from children under the age of 13 as described in sections 7 and 8 herein. Active may update this policy at any time in its sole discretion. Active will attempt to notify you of any changes by contacting you through any email address you have provided, or by placing a notice on our site indicating the new revision date.
1. Capture and Use of Information.
Registration
If you participate in interactive activities (event registration, message boards, membership program, etc.) on Active, you may be asked to register for a free ID and password and/or to provide certain personally identifying information including, but not limited to your name, address, phone number, email address and birth date, gender, ZIP code, occupation, industry, and personal interests, on event-registration forms. Unique identifiers, such as IDs and passwords, are collected to verify your identity and for use as account numbers in our record system. Your contact information may also be used for a variety of purposes including contacting you when necessary for customer service reasons. Financial information that is collected is used to bill you for products and services that you specifically request. Registration on any single Active website will not necessarily permit your registration and access to all Active websites and you may be required to register more than once for access to multiple Active websites. However, because some or all of the Active websites are interrelated, some or all of your personal information may be transferred or shared among these sites. Active may also combine information about you that we have with information we obtain from business partners or other companies. Active also collects information about your transactions with us and with some of our business partners, including information about your use of financial products and services that may be offered. Active receives and records information on our server logs from your browser, including your IP address, Active cookies information, and the page you request. Active uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
Your use of the Active websites is conditioned on your provision of requested information in an accurate and truthful fashion. Failure to provide accurate and truthful information as requested will affect your ability to access the Active websites. Registration information for cancelled or terminated accounts may be deleted from Active’s databases. Although Active uses commercially reasonable efforts to safeguard your private registration information, transmissions made by means of the Internet cannot be guaranteed secure in all instances. Active accepts no liability for disclosure of registration information caused by transmission errors or the acts or omissions of third parties.
Cookies
"Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Generally, cookies work by assigning to your computer a unique number that has no meaning outside of our site. Our cookies do not contain any personally identifying information; we use them for a variety of purposes including to provide features such as personalization, to saving your member ID and to keep track of your shopping cart. We may also use cookies to assist us in delivering content specific to your interests. Additionally, after you've entered your member ID and password during a session on our service, we save that information so you don't have to re-enter it repeatedly during that session. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. Not accepting cookies may make certain features of Active unavailable to you.
IP Address
We may use your IP address to identify you and your shopping cart, to administer our website and to assist in diagnosing problems with our server.
2. Additional Uses of Information
All of the information we collect, both what you tell us and what we collect through the use of cookies, is used for a variety or reasons including to personalize your account, to customize our services and to allow our customer service representatives to contact you when necessary. Active may use information collected from you to tell you about products or services that may be of interest to you. Except as otherwise expressly set forth in this privacy policy, it is Active's policy not to distribute to third parties any personally identifying information about you without your consent (usually communicated through either an “opt-out” or “opt-in” notification or mechanism). Upon obtaining your consent, Active may provide access to or otherwise disclose your personally identifying information to third parties. However, certain personally identifying information is released by Active only on an aggregated basis (meaning that the information from many Active users is grouped together in a way that does not disclose the personal information of any particular user). Such information is disclosed by Active without your consent. In other cases, Active may, without your consent, also use contact information that you provide to send you information about our company, products, services and promotional material from some of our partners.
Special Note #1 for Users Accessing Active within a Frame
Active has partnered with various web sites ("Framing Sites"), allowing users of those Framing Sites to register for events and to otherwise use the Active services within a frame and without leaving the Framing Site. In some cases, Active has agreed to provide to the Framing Site personal information collected from people who make use of the Active services from the Framing Site (that is, within a frame and without leaving the Framing Site). In these cases, please be aware that the Framing Site operates independently from, and may have privacy and security policies wholly different from, Active. If you wish to make use of the Active services, but do not wish to have your information shared with third parties, please access our services directly, and not from a Framing Site.
Special Note #2 for Users Accessing Active for Events with Event Directors
In some cases, an event on Active involves an Event Director (ED). An ED is a third party that may coordinate, facilitate, or sponsor an event. In these cases, Active has agreed to provide to the ED personal information collected from people who register for an event that has been entered by such ED. Each ED operates independently from, and may have privacy and security policies wholly different from, Active. Prior to registering for an event sponsored by an ED, Active encourages you to contact the ED and review the ED's privacy and security practices. Active bears no responsibility for the activities of any ED to whom Active may provide information.
Special Note #3 for Fulfillment Partners
In some cases, a third party with whom we have contracted may need to coordinate, facilitate, or perform a service for us (e.g., fulfill orders or other similar activities). In these cases, Active will provide personal information to the third party. Each such third party operates independently from, and may have privacy and security policies wholly different from, Active. Active bears no responsibility for the activities of any third party to whom Active may provide fulfillment information.
Legal Requirements
Notwithstanding anything to the contrary, Active may release your personal information to third parties: (a) in order to comply with a valid legal requirement such as in compliance with any law, regulation, search warrant subpoena or court order; or (b) in special cases, when we believe it is necessary to share information in order to investigate, prevent or take action regarding any illegal or unauthorized activities, suspected fraud, situations involving potential threats to the physical safety of any person or violations of our Terms of Use.
3. General Privacy Information.
Active makes various public forums (such as message boards, chat rooms or news groups) available to its users. When you disclose personal information in such public forums, that information can be collected and used by others in various ways, including by sending unsolicited messages. You are solely responsible for any postings you make on public forums on Active, and for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you're online. Further, the Active web site contains links to partners, advertisers and third party Internet sites and services that may collect data in connection with registrations, promotions, e-commerce, etc. Active is also linked to by, and in some cases framed by, certain partner web sites. Each of the web sites (linked from Active, or linking to Active) have separate privacy and data collection practices, independent of Active, and Active has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such Web sites. Active also displays targeted advertisements based on personal information. Third party advertisers (including ad-serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria. However, Active does not provide any personal information to the advertiser when you interact with or view a targeted advertisement. However, by interacting with or viewing an advertisement you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the advertisement. Active does business with a multitude of vendors, partners, advertisers, and other service providers in different industries and categories of business. For more information regarding providers of products or services that you've requested please contact us via the link listed in the last section of this privacy agreement.
4. Security.
Active has established and maintains reasonable security procedures to protect the confidentiality, security and integrity of your personally identifiable information. We use a variety of industry-standard security measures to maintain the safety of your personal information. For example, credit card numbers are encrypted in Active's secure database which is located behind a firewall. Personal information and such encrypted credit card numbers collected on Active are stored in a secure operating environment that is not available to the public. All credit card and registration information supplied by users is transmitted via Secure Socket Layer (SSL) technology. Active's technology department conducts frequent site-security audits. "Perfect security," however, does not exist on the Internet. Although your privacy is very important to us, due to the existing legal regulatory and security environment, we cannot fully ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, Active will disclose personal information about an individual user if we believe in good faith that such disclosure is necessary to comply with an applicable law or valid legal process.
5. Protecting Yourself.
You can help to protect your information by safeguarding your Active password, using caution and discretion when posting information on public areas of the Active Web site, and by learning more about internet privacy from Web sites such as TRUSTe (www.truste.com) and www.ftc.gov/privacy/. In addition, it is important that you keep us updated with your most current contact information. To review and make changes to your profile, please visit the applicable Active registration page.
6. Changes To Our Policy.
Active reserves the right to modify or supplement this privacy policy at anytime. If we make any changes, we will update the Active Websites and this privacy policy to include such change. Please regularly review this privacy policy to keep up to date with any changes that may affect your use of the Active Websites. Your continue use of the Active Websites once the revised privacy policy has been posted on the Active Websites affirms your agreement to such changes.
7. Children’s Privacy Policy.
The following sets forth the website information gathering and dissemination practices relating to information collected from children under the age of thirteen (13). This policy only applies to the Active Websites and does not apply to third party websites, or to companies and persons that are not controlled, affiliated with or managed directly by Active.
Active’s Websites are intended for general use by a broad and mature audience. No individual under the age of thirteen (13) is permitted to provide any personal information (except such information as is necessary to determine age or parental consent, as described below) or use our message board or any other public forum without prior parental or legal guardian consent.
Active does not knowingly solicit personal information from children under the age of thirteen (13) other than is necessary to determine that person’s age. In order to determine a child’s age, generally we limit our collection of information to what is known as non-personally identifiable information such as first name, screen name and age. Individuals identified as being thirteen (13) years of age or older are then permitted to use the Active Websites. If an individual is identified as being under the age of thirteen, parental consent will be required to permit that child to register as a prerequisite to accessing Active’s non-public Websites. Active will not contact children known to be under the age of thirteen (13) about any special offers or for marketing purposes without a parent or legal guardian’s prior consent. For any child identified as being under the age of thirteen (13) that accesses any Active Website, Active may request additional personally identifiable information such as the child’s email address and/or the parent’s or guardian’s email address in order to determine if such child has his/her parent’s permission to access our Websites. Active will use reasonable efforts to contact the parent or guardian of any child under the age of thirteen (13) to confirm their permission to the child’s access to Active’s Websites. Active may also collect and use a child’s personal information for the sole purpose of responding to a single request or inquiry by that child. Information is collected actively, such as through registration forms, and passively, such as through cookies. All personally identifiable information collected by us from children under 13 is securely maintained and used only for the limited purposes set forth herein.
8. Parental Access.
Active is the operator its websites. Please send an email or letter to Active at the email address provided below if you would like to do any of the following:
Access personally identifiable information that has been collected from you or your child;
Correct factual errors reflected by such information;
Request to have any information collected for you or your child deleted;
Request that we no longer collect or maintain such information from you or your child.
10. Contact Us.
If you have any questions, comment or concerns regarding our privacy policy and/or practices, please send an email to privacy@active.com or contact us at: The Active Network, Inc, Attn: General Counsel/VP of Corporate Affairs, 10182 Telesis Court, Suite 300, San Diego, CA 92121. Phone: 1.888.543.7223.
For users in Canada: If you wish to make an access request for your personal information, please contact us at contact information listed above.
If addition, if at anytime, you no longer want us to send you any regular communications, which you have signed up to receive, you may “opt-out” of such future communications by changing your user registration profile on the Active Websites. To unsubscribe from a newsletter you are already subscribed to and no longer with to receive, simply click the “unsubscribe” link at the bottom of the newsletter.