ACTIVE Network Privacy Notice

Last Updated: July 11, 2024

ACTIVE Network Privacy Notice

Active Network, LLC (“Active,” “we,” “us,” “our”) is a leading provider of activity and participant management solutions (collectively, our “Solutions”). Cities, universities, summer camps, fitness chains, endurance competition and athletic organizations, and other clients use our Solutions, including but not limited to ACTIVENet and ACTIVEWorks Endurance, to register participants for their events (“Events”), to collect and maintain important information about their participants, to communicate with their participants, and to collect payments from their participants. We also maintain a publicly accessible website, Active.com, that enables fitness and recreation enthusiasts to search for or browse events hosted by our clients using event location, event type, event date, or other relevant criteria as filters; to register for events that interest them; to participate in like-minded communities; and to track their event registrations and results. This Privacy Notice (“Notice”) describes how Active and our subsidiaries and affiliates collect and process personal information from and about subscribers and visitors to and users of our websites and branded social media pages (“Sites”), our web-based and mobile applications (“Apps”), our email communications and newsletters, and any of our Solutions that link to or expressly reference this Notice.

If you are an end user of our Sites, Apps, or Solutions, then our privacy practices may vary depending on the nature of your interactions with us and the jurisdiction in which you are located. Depending on the Sites, Apps, or Solutions with which you interact, Active may collect and process personal information from or about you for its own purposes, or it may do so exclusively for its clients’ purposes, in accordance with Active’s contract terms with them. If you interact with us through a client who has purchased an Active Solution to facilitate the management of their events, then that client may be a “data controller” for your personal information, and you should consult their privacy notice, in addition to this one. This Notice does not describe how our clients may use your personal information when they act as a data controller with respect to such personal information, and Active will redirect any inquiries that you make about client processing activities to the appropriate client.

If you are a client, please note that information about our disclosures, transfers and other processing of your personal information is described in your contract with Active and in the documentation provided to you at or before onboarding. For clients, this Notice therefore acts a supplement, not a replacement, to that documentation, and it relates specifically to the personal information we collect through our Sites.

For some products and services, and in certain specialized contests, we will provide additional privacy notices before collecting your personal information. For example, Active maintains specific privacy notices for job applicants, employees, and contractors, which are made available to those individuals in the proper context. Moreover, 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, you may contact us at privacy@activenetwork.com or by using the methods provided in the “Contact Us” section below.

The remainder of this Notice is organized as follows:

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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 DISCLOSE PERSONAL INFORMATION TO OUR SERVICE PROVIDERS AND OTHER PARTNERS FOR OUR BUSINESS PURPOSES
HOW WE DISCLOSE PERSONAL INFORMATION TO THIRD PARTIES FOR THEIR OWN BUSINESS PURPOSES
COOKIES AND OTHER TRACKING TECHNOLOGIES
THIRD-PARTY ADVERTISING
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

Personal information is information that identifies or relates to an identifiable individual. Through our Sites, Apps, and Solutions, subject to your consent if required by law, we may collect the following personal information for the business purposes listed in the table below:

Sources of Personal Information

Categories and Types of Personal Information We Collect

Business Purposes and Legal Bases for Collecting Your Personal Information

From you or an EventOrganizer when you create an account or register for an Event using our Sites

‍• Identifiers
•Sensitive Personal Information (including login credentials and payment and financial account information)
‍• Internet/electronic activity• Commercial information
• Professional or employment related information
• Inferences
• Geolocation

‍For most Events, we collect first and last name, email address, physical address, phone number, personal description or preferences, contact information of a friend (when you share this personal data with us), Event results, transaction information including payment information, and purchase history. For account creation we may also collect your date of birth, account credentials including password, and marketing and subscription preferences.

We use this information to contact you, process your order, manage payment, manage any contact you have with us about your purchase, analyze your personal characteristics and identify and recommend appropriate Events, for profiling and analytics (See “Explaining more about Marketing, Profiling and Automated Decision Making” section below for more detail), manage any dispute relating to a purchase, run analytics or collect statistics, and to communicate with you about your use of our Sites, Apps, and Solutions. If you make a purchase using a registered account, we will add this transaction to your profile so we can understand your interests and preferences and you will see a record of your transactions.

‍Our legal bases for using this information include (1) your consent, (2) performance of a contract with you, (3) our legitimate interests which include to improve our Sites, Apps, and Solutions, better engage with you, prevent fraud, and secure our Sites, and (4) to comply with a legal obligation (to the extent we are required to retain information for compliance with applicable laws or regulations).

From you when you have saved your shopping cart or placed Events in your cart without completing a registration on our Sites, Apps, or Solutions

• Identifiers
• Internet/electronic activity

We may collect data related to your use of our Sites including information you have typed into a form on our Sites, Apps, or Solutions.

We use this information to send you a reminder that you have started but not completed registering for an Event and to remind you of saved items in your shopping cart.

‍Our legal basis for using this information includes our legitimate interests which include to better engage with you and provide customer service.

From individuals who may refer you to us as a friend

• Identifiers
• Inferences

We may collect first and last name, personal email address, organization name, professional email address, and/or professional mailing address

We use this information to contact you about products and services that may be of interest to you.

‍Our legal bases for using this information include (1) your consent, where you have provided it to the individual referring you, and (2) our legitimate interest in letting you know about products and services that may be of interest to you.

From cookies or other tracking technologies when you visit our Sites, use our Apps, or receive and view our email

• Identifiers
• Internet/electronic activity
• Inferences

We may collect data related to your use of our Sites including where you came from, login details, pages you looked at, duration of your visit, your interaction with an email we send you, geographic location, and/or the links you click. Information collected may include browser type, operating system, device information, Internet Protocol (“IP”) address, and other unique ID .

In some cases, this information is necessary to enable our Sites and Apps to function properly, display content properly, remember your shopping cart, and remember your login details. In other circumstances, we use this information for analytics, marketing and other purposes. (See “Cookies and Other Tracking Technologies” and “More Information about Marketing, Profiling, and Automated Decision Making” sections below for more detail).

‍Our legal bases to use this information includes (1) your consent, and (2) our legitimate interests, including to improve and secure our Sites, Apps, and Solutions, and to better engage with you.

From you when you participate in an activity using our mobile apps

• Identifiers
•Sensitive Personal Information
• Commercial information including purchasing or consumer history
• Internet/electronic activity
• Geolocation
• Professional or employment related information
• Inferences

We may ask you to provide first and last name, email address, date of birth, information about your activities and interests, your current location (geolocation), other profile data such as contact information, occupation, gender, physical activity level or similar health related information, application or device usage data, social media data (where you use your social media login or share this personal data with us), and payment information.

We collect this information to provide the services requested by you, which sometimes include the tracking and analysis of your participation over time. We also use this information to monitor and improve the performance of our Apps. (See “More Information about Marketing, Profiling, and Automated Decision Making” section below for more detail).

‍Our legal bases for using this information include (1) your consent, and (2) our legitimate interests, including to improve our Sites, Apps, and Solutions.

From you when you set your preferences for or subscribe to receiving our marketing communications

• Identifiers
• Commercial information
• Inferences

We collect first and last name, email address, personal description or preferences, order details, user generated content, other information you have shared about yourself (e.g. via your account, by contacting us, a question via the chat function available on some websites, or by participating in a contest, game, survey, etc.), subscription preferences, contact information of a friend and payment information.

We use this information to send you marketing communications based on the marketing preferences you have set in your account, and to show you marketing communications on other websites, including social media platforms. Note that you may also see our ads on other websites, including on social media sites, but these may not be tailored to you. We use this information to keep an up to date suppression list if you have asked us not to be contacted, to run analytics or collect statistics, and to send content on your behalf to your friends and/or family. For further details about our marketing practices, see the “More Information about Marketing, Profiling, and Automated Decisionmaking” section below.

‍Our legal bases for using this information include (1) our legitimate interests which include to improve our Sites, Apps, and Solutions and to better engage with you, and (2) consent.

From you when you ask questions relating to our Services, your orders, your professional or personal account or rights, and customer support

• Identifiers
• Commercial information
• Audio data

We may collect first and last name, email address, phone number, and other information you have shared with us about yourself in relation to your enquiry (which may include activities and interests). If you call and speak with a customer service representative, that call may be recorded for quality and training purposes.

We use this information to communicate with you about your use of our Services.

‍Our legal bases for using this information include (1) your consent, and (2) our legitimate interests which include to improve and secure our Sites, Apps, and Solutions, and to better engage with you.

From you if you create a page to collect donations

• Identifiers
• Commercial information

We may collect information from you relating to the charitable event or your request for donations. In addition, if you donate to a particular Event/cause, we may collect your name, contact information, and payment information.

We use this information to enable you to create a page on certain of our Sites to collect donations for your participation in a charity event (e.g., you want to raise money for running in a marathon), a particular charity, or for other purposes.

‍Our legal bases for using this information include (1) your consent, and (2) performance of a contract.

From you when you are an Event Organizer or other Client, during the creation and management of a professional account

• Identifiers
• Commercial information
• Geolocation
• Professional or employment related information
• Inferences

We collect first and last name, organization name, gender, email address, mailing address, username and password, preferences, other information you have shared with us about yourself (e.g. via your account, by contacting us, a question via the chat function available on some websites, or by participating in a survey, etc.), and payment information.

We use this information to manage your purchases/orders, send you marketing communications which may be tailored to your professional “profile” (i.e. based on the personal data we know about you and your preferences), offer you incentives, offer personalized services based on professional interests and characteristics, allow you to manage your preferences, monitor and improve our Sites, Apps, and Solutions, run analytics or collect statistics, or to respond to your questions and otherwise interact with you.

‍Our legal bases for using this information include (1) performance of a contract with you, and (2) our legitimate interests which include to prevent fraud, to improve and secure our Sites, Apps, and Solutions, and to better engage with you.

From third parties to enable business-to-business marketing

• Identifiers
• Professional or employment related information

We collect first and last name, organization name, professional email address, and/or professional mailing address

We use this information for business-to-business marketing purposes.

Our legal basis for using this information includes our legitimate interest in letting you know about products and services that may be of interest to you.

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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.

Where we maintain or use de-identified information, we will continue to maintain and use the de-identified information only in a de-identified fashion and will not attempt to re-identify the information.

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 deliver the Solutions, unless we are required to do otherwise under applicable laws. In addition to processing sensitive personal information as required to deliver the Solutions, 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 our Solutions.

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 disclose your personal information to 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 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 DISCLOSE PERSONAL INFORMATION TO OUR SERVICE PROVIDERS AND OTHER PARTNERS FOR OUR BUSINESS PURPOSES

For each category of personal information we collect, we may disclose 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 Sites, Apps, and Solutions may be provided by organizations with which Active has a contractual relationship, including subcontractors, and, accordingly, your personal information may be disclosed to them;
With logistics service providers to enable the delivery of packages to individuals;
With other third parties to whom you direct us to disclose your personal information;
With regulators including state and federal agencies, card brands, financial 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 forcooperation from a regulatory, law enforcement or other government agency; toestablish or exercise our legal rights; to defend legal claims; or as otherwiserequired or permitted by applicable laws and/or regulations;
When we believe that disclosure is appropriate inconnection with efforts to investigate, prevent, or take action regardingactual or suspected illegal activity, fraud, or other wrongdoing; to protectand 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 DISCLOSE PERSONAL INFORMATION TO THIRD PARTIES FOR THEIR OWN BUSINESS PURPOSES

Subject to any rights you may have as described in this Notice, ACTIVE may also disclose your personal information to 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 those disclosures:

Sources of Personal Information We Disclose

Categories of Personal Information We Disclose

Categories of Third Parties to Whom Personal Information is DIsclosed for their Own Business Purpose

Information that you provide to us when you set up an account with us, use our Sites, Apps, or Solutions, or communicate with us.

Information collected through technology when you visit our Sites, Apps (or when you use any of our Solutions) including information about your location, usage, computer or device through technology such as cookies (see “Cookies” for additional information).

● Identifiers
● Commercial information
● Internet/electronic activity
● Geolocation
● Inferences (such as consumer preferences)

● Third-party partners who provide offers of related products and services
● Advertising Networks
● Internet Service Providers
● Social Networks
● Fraud prevention and detection services

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

We do not sell your personal information to third parties for monetary compensation. To the extent that we disclose your personal information to third parties for cross-context behavioral advertising, we will implement features within the Sites, Apps, and Solutions that enable you to see a list of the entities with which the personal information is disclosed 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. We also gather statistical information about the use of our services in order to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them. Cookies further allow us to select which advertisements are most likely to appeal to you and display them while you are on the Sites and Apps. We may also use cookies or other technologies in online advertising to track responses to the ads.

The cookies and tracking technologies that we may use 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.

We do not currently respond to browser Do-Not-Track signals. If you do not want information collected through the use of cookies, you can use the Cookie Settings banner or icon on the Site to make selections about the use of cookies. Additionally, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. You may also refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of our services. You also may not receive advertising from us that are relevant to your interests and needs.

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.

THIRD-PARTY ADVERTISING

We use third-party advertising companies to serve advertisements that may be of interest to you when you access and use our Sites, Apps, and Solutions. You may receive advertisements based on information relating to your access to, and use of, our services and other websites or online services on any of your devices, as well as on information received from third parties. These companies place or recognize a unique cookie on your browser (including through the use of pixel tags). They also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop.

If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Notice, please visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/#/. You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps

TRANSFERRING PERSONAL INFORMATION GLOBALLY

International data transfer

Active is a U.S. company with a global footprint. This means that your personal information may be transferred to and stored in the United States, where data protection laws and regulations may differ from those in effect in 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 Sites, Apps, or Solutions, 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. and UK-U.S. DataPrivacy Frameworks

Active complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF as set forth by the U.S. Department of Commerce. Active has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Active is responsible for the processing of personal data it receives, under the DPF, and subsequently transfers to a third party acting as an agent on its behalf. Active complies with DPF Principles for all onward transfers of personal data from the EU and the UK, including the onward transfer liability provisions.

The Federal Trade Commission has jurisdiction over Active’s compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. In certain situations, Active may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, Active commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.truste.com/watchdog/request for more information or to file a complaint. These dispute resolution services are provided at no cost to you.

For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website.

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 personal information 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 Sites, Apps, and Solutions. 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. The criteria used to determine our retention periods include:

The length of time we have an ongoing relationship with you and provide services to you, for example, for as long as you have an account with us or continue to use our services, and the length of time thereafter during which we may have a legitimate need to reference personal information to address issues that may arise;
Whether there is a contractual obligation to which we are subject, for example, our contracts with our customers may specify a certain period of time during which we are required to maintain the information on behalf of our customers;
Whether there is a legal obligation to which we are subject, for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them; and
Whether retention is advisable in light of our legal position, such as in regard to applicable statutes of limitations, litigation or regulatory investigations.

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 support@activenetwork.com.

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 decisionmaking, and analytics to improve our Sites, Apps, and Solutions 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 visiting or using our Sites, Apps, or Solutions for the purpose of engaging with our clients and you have questions about legal rights you may have with respect to your personal information collected by our clients, please consult the client(s) 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 personal information about you;
Know how the personal information is used;
Access, request and receive the personal information we have collected in a portable manner;
Opt out of having your personal sold, “shared,” or used for certain profiling activities;
Request that we correct inaccuracies in personal information about you; and
Request that we delete personal information about you.

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. In addition, if you are a resident of California, Colorado, Quebec, the European Union, the United Kingdom, or other jurisdiction with similar laws, please see the “Region-Specific Information” section below for further details on how to exercise your privacy rights.

CHILDREN

Subject to parental consent when required, we permit users between the ages of 13 and 18 to use certain Solutions. 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 Solutions;
To obtain verifiable parental consent;
To communicate with parents about the child’s use of our Solutions 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 Solutions. ACTIVE does not share personal information collected from children with third parties for any purpose other than to provide the Solutions.

Our Sites, Apps, and Solutions are not directed to children under age 13 or intended for their use. We do not solicit or knowingly accept any personal information from persons under the age of 13. Please do not use the Sites, Apps, or Solutions if you are under the age of 13.

CHANGES AND UPDATES

We reserve the right, in our sole discretion, to modify, update, or otherwise change this Notice. The “Last Updated” legend at the top of this Notice indicates when this Notice was last revised. Any changes will become effective when we post the revised Notice on our services, including our Sites, Apps, and Solutions.

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:

privacy@activenetwork.com

Active Network, LLC
3400 N. Central Expressway
Suite 300
Richardson, TX 75080
Phone: 469-291-0300
Toll Free: 888-543-7223

If you make a request to exercise a privacy right, we will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the personal information subject to the request. We may decline to honor your request where an exception applies. 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 would like your agent to make a request on your behalf, if permitted under applicable law, the agent may exercise those rights as noted above. We will process the agent’s request consistent with applicable law. As part of our verification process, we may request that the agent provide, as applicable, proof concerning their status as an authorized agent. In addition, we may require that you verify your identity as described in this section or confirm that you provided the agent permission to submit the request.

REGION-SPECIFIC INFORMATION

Information for Residents of California, Colorado, and Other Similar Jurisdictions

This section supplements the above Notice and further describes how we collect, use, and disclose the personal information we collect about residents of California, Colorado, and other jurisdictions with similar laws.

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.

Do Not Sell or Share My Personal Information

We do not knowingly sell or share for purposes of cross-context behavioral advertising the personal information, including the sensitive personal information, of minors under 16 years of age.

In some cases, the Sites, Apps, and Solutions, use cookies, including some cookies that are created by other companies and placed on your browser when you visit our website. We use those cookies to improve your experience and to gather information about our customers and the performance of our website. However, the companies who provide those cookies to us also have access to the data collected through them, and they may use that data for targeted advertising purposes. Our use of those third-party cookies could therefore be considered a “share” of your personal information under California law or processing for targeted advertising purposes under other state privacy laws. If you are a resident of California or another U.S. jurisdiction with similar laws, that means you have the right to opt out. If you have not done so already, you can opt out of the placement of all non-necessary cookies by adjusting your _{cookie settings}.

If would like to opt out of any sales or shares of personal information that are not accomplished through cookies and other web-based trackers, please submit your “Do Not Sell” request using our claim form.

Collection, Processing and Disclosure of Sensitive Personal Information

Subject to your consent where required by applicable law, we collect, process, and disclose sensitive personal information for purposes of: providing goods or services as requested; ensuring safety, security, and integrity; countering wrongful or unlawful actions; short term transient use such as displaying first party, non-personalized advertising; performing services for our business, including maintaining and servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of our business; activities relating to quality and safety control or product improvement; and other collection and processing that is not for the purpose of inferring characteristics about an individual. We do not use sensitive personal information beyond these purposes.

Rights and Requests

What does this mean?

Right to know about personal information collected, disclosed, and sold

You have the right to know whether we process personal information about you, and to access such personal information. If you are a California resident, you may also request that we disclose to you:
● the categories of personal information we have collected about you and the categories of sources from which we collected such personal information;
● the business or commercial purpose for which we collected, shared, or sold the personal information about you;
● the categories of personal information about you that we shared or sold and the categories of third parties with whom we shared or to whom we sold the personal information about you; and
● the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom disclosed that information for a business purpose.

Right to receive a copy of personal information

You have the right to request that we provide the specific pieces of personal information, including a copy of such personal information in a portable format.

Right to opt-out of the sale of personal information

You may request that we do not sell personal information about you to third parties.

Right to opt out of processing for targeted advertising purposes, including the “sharing” of personal information for cross-context behavioral advertising

You may request that we opt you out of processing for targeted advertising purposes, including that we stop “sharing” personal information about you for purposes of cross-context behavioral advertising. See the “Do Not Sell or Share My Personal Information” section for more information.

Right to request deletion

In some circumstances, you have the right to have personal information about you deleted.

Right to equal service and prices (“non-discrimination”)

Your choice to exercise your privacy rights will not be used as a basis to discriminate against you in services offered or pricing.

Right to request correction

You have the right to request that we correct any inaccuracies in your personal information.

Right to limit the use and disclosure of sensitive personal information

In some circumstances, you may request that we limit the use and disclosure of your sensitive personal information.

Rightto appeal

Depending on your state of residence, if we refuse to take action on your request, you may appeal this refusal within a reasonable period after you have received notice of the refusal. To appeal, you can contact us at privacy@activenetwork.com.

You can submit a request for any of the above rights by using the contact information in the Contact Us section of this 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 above “Contact Us” section of this Notice.

Information for Residents of Quebec

Cross-Border Transfers of Personal Information

If you are a resident of Quebec and we collect personal information about you in Quebec, that information will be communicated outside of Quebec to other locations in Canada, the United States, and other places where we or our service providers process your personal information for the purposes described above.

Data Governance

We maintain a governance program for the protection of any personal information that we collect. The program includes policies and procedures designed to help us comply with this Notice. This program requires employees to protect the confidentiality of personal information that we handle through the lifecycle of that personal information. The program includes an employee code of conduct, breach reporting procedures, data retention and destruction policies, employee training, and procedures for addressing complaints and providing individuals with access to their personal information in accordance with this Notice.

Active has established controls and mechanisms designed to protect data at each stage of the data lifecycle, from collection or creation through to disposal.

Data Subject Rights

What does this mean?

De-indexation Right or Right to Erasure

You have the right to request that we delete the personal information that we collected from you and retained, subject to certain exceptions. For example, we may deny your deletion request if retaining your information is necessary for us to be able to recover payment, detect security incidents, or protect against illegal activity.

Cessation of Dissemination

You have the right to request that we cease disseminating your personal information if the dissemination is contrary to the law or a court order, or in certain other circumstances.

Right to Data Portability

You have the right to receive computerized personal information that you have provided directly to us, for example, through opening an account, in a commonly-used and machine-readable format. You have this right so that you may transmit your information to another organization without hindrance.

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 privacy@activenetwork.com.

What does this mean?

Right to be informed

You have the right to be provided with clear and easy-to-understand information about how we use your personal information. This is why we are providing you this Notice and we may provide other forms of notice, as appropriate or required by law, in the services.

Right to access personal information

You have the right to access and receive a copy of personal information we hold about you.

Right to data portability

In some circumstances, you have the right to receive the personal information you request from us in a format that is user-friendly and enables you to transfer it to another provider.

Right to rectification

You have the right to correct or update your personal information if it is outdated, incorrect or incomplete.

Right of erasure ("right to be forgotten")

In some circumstances, you have the right to have your personal information erased or deleted.

Right to restrict/suspend processing of personal information

You may object to processing of personal information that is based on legitimate interest. You may withdraw consent for processing that is based on consent (this includes the right to opt out of direct marketing).

Right to information about information transfers

You have the right to obtain a copy of documents related to the safeguards under which your personal information is transferred outside the EU.

Right to complain to a supervisory authority

You have the right to contact the data protection authority in your country to complain about our data protection and privacy practices.

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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.

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