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Privacy Policy

Active International

Privacy Statement

Last Updated: December 30, 2022

California Privacy (See Section 16 below)

European Privacy (See Section 15 below)

Active Media Services, Inc. d/b/a Active International (and its affiliates, collectively “Active,“ “we“ or “our“ or “us”) recognizes the importance of data privacy and respects your data privacy rights. This Privacy Statement sets forth the terms and conditions with respect to how we process certain personal data derived from our public facing website: https://activeinternational.com/ and any other website that we own, license, or operate and that links this Privacy Statement (each of the foregoing collectively referred to as a “Site”). This Privacy Statement describes, among other issues, the types of personal data that we collect via the Site, the purposes for which we use it, the types of third parties with whom we share it, and any rights and responsibilities you may have with respect to such personal data. For purposes of this Privacy Statement, the Site and all products, goods and services sold, bartered, or furnished by us through a Site shall be referred to collectively as the “Services.”

PLEASE READ THIS PRIVACY STATEMENT CAREFULLY AS IT DESCRIBES YOUR RIGHTS, RESPONSIBILITIES, AND LIABILITIES. BY ACCESSING OR USING THE SERVICES OR OTHERWISE PROVIDING US WITH PERSONAL DATA, YOU ARE CONSENTING TO THE TERMS OF THIS PRIVACY STATEMENT AND OUR TERMS & CONDITIONS AND OUR COOKIE DECLARATION.

You must be at least eighteen (18) years of age to access the Services. Active is headquartered in the United States, and the personal data you provide to Active may be processed and stored in the United States and other jurisdictions. For more information on our data transfer practices, please see Section 9 (Data Retention and Localization).

We strive to ensure that every person has access to information related to our Services, including this Privacy Statement.  In case you have special accessibility needs and would like this Privacy Statement provided in an alternative format, please contact us at privacy@activeinternational and we will seek to meet your needs.

1. Scope

This Privacy Statement applies to personal data that Active receives during its business operations as a “data controller” – which means we determine the purpose and means of processing such personal data. For purposes of this Privacy Statement, the term “personal data” means any information that, alone or in conjunction with other information or data, identifies or is linked to a particular individual or household and that is subject to, or otherwise afforded protection under, a data protection law, statute, or regulation. The term “personal data” does not include anonymized or de-identified data that is not attributable to a particular individual or household and that is not otherwise subject to a data protection law, statute, or regulation. We commit not to reidentify data that has so been deidentified.  Active may also anonymize or de-identify personal data, and such data is not subject to this Privacy Statement, and Active may use such data for any purpose.

2. The Types and Categories of Personal Data We Collect

Active collects personal data in order to provide our Services, comply with our legal obligations, promote our business interests, and for the other reasons set forth in this Privacy Statement. When you do not provide personal data to us, we may not be able to provide you the Services or to complete a transaction you requested. Generally, we collect the following types and categories of personal data during our business operations:

Personal Data
Category Description/Examples
Personal Identifiers Identifiers, such as your name, pronoun, alias, shipping address, email address, account name, telephone number, customer identification number, when necessary for specific purposes gender, date of birth, age, place of birth.


Registration Data Information provided when you register for an account to use the Site, including usernames and passwords.


Online Identifiers
(For more information,
see “Technical Data”
below)
Persistent identifiers that can be used to recognize you or your device over time and across different services, including a device identifier, an Internet Protocol (IP) address, cookies, beacons, pixel tags, mobile ad identifiers, and similar technology.


Commercial Information Records of the Services you purchased, obtained, or considered, or your other purchasing histories or tendencies with respect to our Services.  Correspondence between you and us when it is sent to a dedicated mailbox for the purpose of processing account receivable payments and commercial follow-up


Business Contact Data Information related to employees, owners, directors, officers, or contractors of a third-party organization (e.g., business, company, partnership, sole proprietorship, nonprofit, or government agency) with whom we conduct, or possibly conduct, business activities.


Internet and Electronic
Network Data
Data pertaining to your access or use of the Site, including browsing history, search history, and information regarding your interaction with the Site or advertisements embedded on the Site or other third-party websites, and information derived from any device that connects to our WiFi services.


Your Feedback Information you provide about our Services, which may include data gathered from any of our surveys or reviews submitted by you.


Visitor Information Information an individual provides when visiting any physical location or premises of Active (e.g., visitor logs and registries, vehicle and parking information).


Video and Images In some circumstances, you may provide us images (e.g., your use of a product) or we may record you via a video camera (e.g., on-premises security systems) or through video teleconferencing.


Geolocation Data Information about the general city, state, or region in which a user of the Site is located. Please see Section 3 (Cookies) for more details regarding our use of cookies.


Professional or Employment Data (For more information, see “Employment Applications and Talent Management” below) If you apply for a job with us, we collect information set forth in a resumé, curriculum vitae, cover letter, and similar documentation, including contact details, employment history, skills, or qualifications, education-level, job compensation and benefit preferences, criminal record, credit history and similar data, and information provided about or by your references.


Inferences Inferences drawn from some of the personal data categories identified herein and used to create a consumer profile reflecting your purchasing and marketing preferences, characteristics, and behavior.


Active may also collect, but does not store, credit card information when you place an order. Data that has been deidentified or that otherwise cannot reasonably be related back to a specific person is not considered personal data.  We commit not to reidentify data that has so been deidentified.

3. Technical Data

When you access the Site, we collect certain data automatically using technical means and tools. This data relates to your device, as well as your experience on the Site and other websites, including the following:

Usage and Device Data. When you access and use the Site, we automatically collect details of your access to and use of the Site, including traffic data, usage logs and other communication data, and the resources that you access and use on or through the Site (e.g., browsing history, search history). We may also collect information about your device and internet connection, including the device’s unique identifier (e.g., device type, IMEI, Wi-Fi MAC, IP address), operating system, browser type, and mobile network information. The Site may collect “diagnostic” data related to your use of the Site, such as crash data and logs, performance data (e.g., launch time, hang rate, or energy use), and any other data collected for the purposes of measuring technical diagnostics.

Cookies and Tracking Data. We use “cookies” and other tracking technologies within the Site. A cookie is a small file placed on your smartphone or other device. It may be possible to refuse to accept cookies by activating the appropriate setting on your smartphone or device. However, if you select this setting, some parts of the Site may become inaccessible or not function properly. In addition, the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to analyze data on your use of the Site (e.g., recording the popularity of certain content and verifying system and server integrity). The Site may collect data about the advertisements you have seen or engaged. For additional information on the specific cookies we use please see our Cookie Declaration. If you would like to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of the Services or some of its functionality may be affected.

Site Monitoring. Please be aware that we use cookies and other tracking technologies within the Site to monitor and record any and all activities and communications to, from, and on, the Site in order to safeguard, improve, and analyze usage of, the Site, and for the other purposes listed in this Privacy Statement. For the avoidance of doubt, you hereby acknowledge, agree, and consent to, such monitoring and recording. 

4. Sources of Data

We collect the personal data identified herein directly from you when you use our Services, through automated means when you are using the Site, and from third parties. More specifically, we collect personal data from the following sources:

First Party / Direct Collection. We collect personal data directly from you when you use our Services (e.g., registering accounts, completing transactions, signing up for newsletters, or participation in sweepstakes), when you provide a Product Review (as defined below), or whenever you directly engage with us, such as when you visit our offices or premises or otherwise contact us.

Automated Collection. As described above, we may collect information and data, such as usage data and cookies, through automated means when you use the Site (see “Technical Data” above).

Third-Party Sources. We collect personal data from third parties, such as publicly available databases, social networking providers, advertising companies, our service providers, and third-party references.

5. How We Use Your Data / Purpose of Collection

We may use the personal data we collect about you in order to perform our Services, comply with our legal obligations, and promote our business interests.

How Your Personal Data Is Used


Provide, operate, maintain, improve, promote and customize our Services, including sharing of your personal data with trusted third parties for such purposes. This is necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, create efficiencies and to explore ways to develop and grow our business.


Enable you to access and use our Services.


Process and complete transactions and out obligations under our contracts with you, and send you related information, including purchase confirmations and invoices. Active may make a customer’s shipping address and payment information directly available to a vendor of products or services the customer wishes to obtain. By making a purchase (example: a hotel reservation), you are directing us to share your personal data in this way.


Respond to lawful requests by public authorities, to protect, establish or exercise our legal rights or defend against legal claims or to prevent, investigate or take action regarding suspected fraud or violations of our policies. In these cases, our use of your personal data may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights or preventing damage.


Send you messages and communications related to our Services (e.g., responses to your comments, questions, and requests, customer services).


Furnish technical notices, updates, security alerts, and support and administrative messages to you about our Services.


Provide you promotional and marketing communications (e.g., information about our Services, features, surveys, newsletters, offers, promotions, contests, and events).


Process and deliver contest or sweepstakes entries and rewards, including confirming eligibility.


Web analytics and statistics to monitor and analyze trends, usage, and activities in connection with our Services to promote our business interests.


For security purposes to enhance protection, investigate and prevent misuse and/or fraudulent transactions, unauthorized access to or use of our Services, and other illegal activities.


Personalize our Services, including providing features or advertisements that match your interests and preferences.


We may collect and use your personal data for any other purpose for which we obtain your consent.


For the avoidance of doubt, you hereby agree that we may contact you via any means, including via SMS/text message and email and through the use of autodialing systems and serivces, to furnish you information regarding a product order, shipping status, warranty-related information, and similar data and information pertaining to a commercial transaction

6. Sharing Information / Third-Party Disclosures

We may share your personal data with certain organizations and third parties in accordance with applicable law, including as set out below. However, we do not share personal data with third parties that we have reason to believe use such information for their own direct marketing purposes.

Category of Recipient


 


Transaction Partners We may share your personal data with third party businesses and organizations with whom we facilitate a transaction at your request or fulfill our contractual obligations to you under a contract.


Service Providers We may share your personal data with companies that provide services on our behalf, such as hosting and analyzing the Site, conducting surveys and marketing on our behalf, processing transactions, providing research and analytics, and security and customer management software to help us operate, provide and market our Services.


Payment Card Transactions All payments for purchases made through the Site are completed using a third-party vendor’s online payment system.  We do not have access to your credit card information and do not store or disclose your full credit card information. Any personal or financial information you provide to our online payment system is subject to the third party’s privacy policy and terms of use, and we recommend you review these policies before providing any personal or financial information.


Vendors of Services,
Business Partners
We may share your personal data with third parties that provide Services you have purchased from us.


Business Transfers Circumstances may arise where, for strategic or other business reasons, we decide to sell, buy, divest, merge or otherwise reorganize our businesses. We may share your personal data and other information with third parties in connection with a sale, merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which information held by us about users of the Services is among the assets transferred.


Legal; Compliance; Legitimate Interests We may disclose personal data and other information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce contractual obligations and our terms and conditions [TERMS & CONDITIONS] (e) to protect our operations or those of any of our affiliates; (f) to defend or protect our legal, regulatory, business interests, rights, privacy, safety or property, and/or that of our affiliates, you, or others; (g) in urgent circumstances to protect the health and personal safety of any individual, and (h) to allow us to pursue available remedies or limit the damages that we may sustain.


Consent. In addition to the reasons for disclosure set forth herein, we may also disclose your personal data upon your consent.


In the event that you enter into a contract with us, or facilitate a transaction with us, or request information from or otherwise engage with us, and such activities require us to share your personal data with a service provider or other third party, you hereby consent to such disclosure and/or direct us to intentionally disclose your personal data to the service provider or third party.

7. Social Media

We may engage with you on various social media platforms (e.g., Facebook, Twitter, LinkedIn, Pinterest, Instagram). If you contact us on a social media platform for customer support or for other reasons, we may contact you via the social media’s direct message tools. Certain social media platforms may also automatically provide us with your personal data, the information we receive will depend on the terms that govern your use of the social media platform(s) and any privacy settings you may have set. The Site includes social media features and widgets (e.g., the “Facebook Like” button, the “Share This” button) or interactive mini-programs that run on the Site. These features may collect your IP address and which Site page you are accessing and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy statement of the relevant social media platform that provides them.

8. Links to Other Websites; Your Direct Third-Party Disclosures

As a resource to you, the Site may include links to third-party websites or provide you the opportunity to disclose information directly to third parties (e.g., credit card processors). Our Privacy Statement does not apply to such third-party websites or organizations. You assume all privacy, security, and other risks associated with providing any data, including personal data, to third parties via the Services. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy statements, if any, provided by those third parties.

9. Data Retention and Localization

The period during which we retain your personal data varies depending on the purpose for the data processing. For example, we retain personal data needed to provide you with our Services, fulfill our contractual obligations to you under a contract, facilitate transactions you have requested, to comply with our legal obligations (e.g., tax filings, export control laws), to engage in marketing activities, and for as long as is necessary to defend our legal or business interests and/or until such time as our contractual relationship with you ceases or the legal retention periods expire or where you have consented to our use of your personal data, until such time as you withdraw consent. In all other cases, we retain your personal data for as long as is needed to fulfill the purposes outlined in this Privacy Statement.

Active is headquartered in the United States, out Site is hosted in the United States, and the personal data that we collect and process is retained and stored in the United States. Active uses service providers that store personal data on our behalf in the United States and in other third countries. Please be aware that the United States, and these other third countries, may not provide the same level of protection of personal data as in your country, state, or other jurisdiction of residence or nationality, and when transferred to the United States or elsewhere, your personal data may be accessible by, or otherwise made available to, local government authorities and officials pursuant to judicial and/or administrative orders, decrees, and demands, and/or other domestic laws, statutes, and regulations. By continuing to provide us such information, you hereby acknowledge and agree that your personal data will be transferred to, and stored in, the United States and in such other third countries.  If you are accessing our Site from outside the United States, you are transferring your personal data to the United States and you consent to such transfer. If you do not want your personal data transferred to the United States, you should not share your information with us or make use of this Site. Please note that personal data transferred to the United States is subject to access by law enforcement. personal data

10. Security

We seek to protect the security of your personal data and use a variety of security technologies and procedures to help protect your personal data from unauthorized access, use, or disclosure. HOWEVER, NO INFORMATION SYSTEM CAN BE FULLY SECURE, AND WE CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR PERSONAL DATA. MOREOVER, WE ARE NOT RESPONSIBLE FOR THE SECURITY OF PERSONAL DATA YOU TRANSMIT TO THE SITE AND/OR THE SERVICES OVER NETWORKS THAT WE DO NOT CONTROL, INCLUDING THE INTERNET AND WIRELESS NETWORKS, AND YOU PROVIDE US WITH ANY PERSONAL DATA AND DATA AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DATA INCIDENT OR EVENT THAT MAY COMPROMISE THE CONFIDENTIALITY, INTEGRITY, OR SECURITY OF YOUR PERSONAL DATA CAUSED BY A THIRD PARTY. The safety and security of your personal data also depends on you. Where we have given you (or where you have chosen) a username and password to access our Services, you are responsible for maintaining the security and confidentiality of those credentials and not revealing them to others. You must contact us immediately (and in any event within twenty-four (24) hours) if you have reason to believe that your username or password to our Services has been compromised. You acknowledge and agree that we may contact you via email or other electronic communications in the event we are legally required to notify you of a data security incident or event related to your personal data.

11. No Data Collected from Children

The Site is not directed at, nor intended for use by, children. As a result, if you are under the age of eighteen (18), you are prohibited from accessing or using the Services (including the Site) or with providing us with your personal data.

12. Your Responsibilities

You are permitted, and hereby agree, to only provide personal data to Active if such personal data is accurate, reliable, and relevant to our relationship and only to the extent such disclosure will not violate any applicable data protection law, statute, or regulation or infringe upon a person’s data privacy rights or privileges. IF YOU PROVIDE PERSONAL DATA (INCLUDING PERSONAL DATA CONCERNING A THIRD PARTY) TO US, YOU EXPRESSLY REPRESENT AND WARRANT TO US THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO PROVIDE US WITH SUCH PERSONAL DATA (INCLUDING PERSONAL DATA CONCERNING A THIRD PARTY) AND THAT OUR USE AND PROCESSING OF SUCH PERSONAL DATA AS SET FORTH HEREIN WILL NOT VIOLATE ANY PERSON’S RIGHTS OR PRIVILEGES, INCLUDING RIGHTS TO PRIVACY. YOU HEREBY AGREE TO FULLY AND COMPLETELY INDEMNIFY US AND EACH COMPANY EMPLOYEE, OFFICER, AND AGENT FOR ANY CLAIMS, HARM, OR DAMAGES THAT MAY ARISE FROM YOUR PROVISION OF PERSONAL DATA (INCLUDING PERSONAL DATA CONCERNING A THIRD PARTY) TO US.

13. Updating Your Information

It is important that the personal data that you provide to us is accurate and reliable. In certain circumstances, you may have the ability to directly edit your account to update and change your personal data (e.g., name, telephone number, email, shipping address), and you must do so when such changes are warranted. You may request changes to, or deletion of your account with us by emailing us at privacy@activeinternational.com.

14. Canada Privacy Rights

Personal data (as the term is defined in the Personal Data Protection and Electronic Documents Act of Canada (“PIPEDA”)) will be collected, stored, used and/or processed by Active in accordance with this Privacy Statement and Active’s obligations under PIPEDA and other applicable Canadian provincial laws. Pursuant to these Canadian laws, you have a right to request access to your personal data and to request that inaccurate personal data be corrected. If you have submitted personal data to us and would like to have access to it, or have it corrected, please contact us in accordance with the “Contact Us” section listed below. When requesting access to, or correction of, your personal data, we will require that you verify our request via email, and we will request specific data from you to enable us to confirm the authenticity of the request and your identity, and to enable us to search our records and databases. We may charge you a fee to access your personal data, provided that we advise you of any such fee in advance. Your right to access personal data is not absolute, and we may not be able to allow you to access certain personal data in certain circumstances (e.g., if the information contains personal data of other persons or it is subject to legal privilege). In the event that we cannot provide you with access to, or the ability to correct, your personal data, we will use reasonable means to inform you of the reasons why, subject to any legal or regulatory restrictions. To delete your name from our electronic contact lists, please contact us in accordance with the “Contact Us” section listed below. If you have concerns with our data processing, you may file a complaint with the Office of the Privacy Commissioner of Canada. For more information about the Office of the Privacy Commissioner of Canada, please access its website.

15. European Union (EU), Switzerland, and United Kingdom (UK)

Data Protection Rights. If you are located in the EU, Switzerland, or the UK, you have the following data protection rights:

  • Right to Know. The right to know about what personal data we collect and process about you, including the types and categories of personal data we collect and process, the sources of such personal data, our retention criteria, with whom we share your personal data, cross-border data transfers, and how to file complaints and inquiries. Such information is set forth in this Privacy Statement.
  • Automated Decision Making. We do not engage in any activity that subjects our customers, Site users, survey participants, or others to a decision based solely on automated processing, including profiling, which produces legal effects, or similarly significant results, impacting them.
  • Access Rights. You may ask us whether we process any of your personal data and, if so, receive access to such personal data. When complying with an access request, we will also provide you with additional information, such as the purposes of the processing, the categories of personal data concerned as well as any other information necessary for you to exercise the essence of this right.
  • Rectification. You have the right to have your personal data corrected/rectified in case of inaccuracy or incompleteness. Upon request, we will correct inaccurate personal data about you and, taking into account the purposes of the processing, update any incomplete personal data, which may include the provision of a supplementary statement.
  • Erasure. You have the right to have your personal data erased, which means the deletion of your personal data by us and, where possible, any other controller to whom your data has previously been disclosed. However, your right to erasure is subject to statutory limits and prerequisites (e.g., where your personal data is no longer necessary in relation to the initial purposes for which it was processed, your personal data was processed unlawfully).
  • Restriction of Processing. You have the right to obtain the restriction of the processing of your personal data, which means that we suspend the processing of your personal data for a certain period of time. Circumstances which may give rise to this right include situations where the accuracy of your personal data is contested, but we need time to verify the inaccuracy (if any) of your personal data.
  • Data Portability. You have the right to request us to provide you with your personal data in a structured, commonly used and machine-readable format and to have such data transmitted directly to another controller, where technically feasible.
  • Right to Object. You have the right to object to the processing of your personal data, which means you may request us to no longer process your personal data. This only applies in case the “legitimate interests” ground (including profiling) constitutes the legal basis for processing (see below “Legal Basis for Processing”). However, at any time (and free of charge) you can object to having your personal data processed for direct marketing purposes.
  • Withdrawing Consent. You also may withdraw your consent at any time if we are solely relying on your consent for the processing of your personal data. However, this will not impact our legal basis to process such personal data prior to the withdrawal of your consent.

To exercise any of these data privacy rights, please contact us, or have your designated agent contact us, in accordance with the “Contact Us” section listed below. To the extent permitted by law, we will need to verify your identity (or the identity of your agent) and ensure the authenticity of your request.

Legal Basis for Processing. We process your personal data in accordance with the legal bases set forth in law. For example, our processing of personal data (as described herein) is justified based on the following legal grounds:

  • Consent. Processing is based on your consent (e.g., you register to receive our marketing materials, you voluntarily contact us).
  • Legitimate Interests. Processing is necessary for our legitimate interests as set out herein (e.g., monitoring your use of the Site and your compliance with the terms and conditions governing the same, improving our Services).
  • Contract Undertaking. Processing is necessary for the performance of a contract to which you are a party (e.g., you purchase or consider purchasing our Services).
  • Legal Compliance. Processing is required to comply with a legal or statutory obligation (e.g., tax disclosures)

Complaints. In the event you have concerns about our data processing, you have the right to file a complaint with your data protection authority. For data protection authorities in the EU, please see here: https://edpb.europa.eu/about-edpb/about-edpb/members_en. For the data protection authority in Switzerland, please contact the Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home.html). For the data protection authority in the UK, please contact the Information Commissioner’s Office (www.ico.org.uk). We would, however, appreciate the opportunity to deal with your concerns before you approach a data protection authority with a complaint, and invite you to contact us in the first instance.

16. California Privacy Rights

The California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”), collectively referred to as “California Consumer Privacy Laws,” provide California consumers with specific rights regarding their personal data. This section describes your rights under the California Consumer Privacy Laws and explains how you may exercise your rights. California Consumer Privacy Laws provide you with the following rights:

  • Right to know. You have the right to know what categories and specific pieces of personal data we collect about you, the sources from which we collect personal data, our business or commercial purpose for the collection, use, and sharing of your personal data, and any categories of third parties to whom we sell or with whom we share your personal data.
  • Right to data portability. You have the right to request a copy of personal data we have collected and maintained about you in the past 12 months. California Consumer Privacy Laws allow you to request your information from us up to twice during a twelve (12) month period.  We will provide our response in a readily usable format, which is usually electronic.
  • Right to delete. You have the right to request that we delete the personal data that we have collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your personal data, we may deny your request or may retain certain elements of your personal data if it is necessary for us or our vendors to:
    • Complete the transaction for which the personal data was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between our business and you.
    • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
    • Debug to identify and repair errors that impair existing intended functionality.
    • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
    • Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
    • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
    • To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
    • Comply with a legal obligation.
    • Otherwise use the personal data, internally, in a lawful manner that is compatible with the context in which you provided the information.
  • Right to opt out of selling or sharing. You have the right to opt out of the sale or sharing of your personal data, along with the right to opt in to the sale of such information; however, at the time this Privacy Statement was last updated, we do not sell personal data, and we do not share personal data for the purpose of cross-context behavioral advertising.
  • Right to correct. You have the right to request the correction of any personal data we maintain about you.
  • Right to nondiscrimination. You have the right not to receive discriminatory treatment by us for the exercise of your CCPA privacy rights. Unless permitted by the CCPA, we will not:
    • Deny you goods or services.
    • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
    • Provide you a different level or quality of goods or services.
    • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

How to Contact Us About Your California Privacy Rights: To exercise any of your California privacy rights, or if you have any questions about your privacy rights, you may email us at privacy@activeinternational.com, or use our (interactive webform) Webform.

Verification of Your Identity. After you submit a request, we will take steps to verify your identity in order for us to properly respond and/or confirm that it is not a fraudulent request. In order to verify your identity, we will request, at a minimum, that you provide your name, email address, phone number, address, and relationship to us, so that we can seek to match this information with the information existing in our systems. When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify that the consumer submitting the request is the same individual about whom we have collected personal data, we may contact you for more information, or we may not be able to meet your request.

Only you, or an agent legally authorized to act on your behalf, may make a verifiable request related to your personal data. If you are making a request as the authorized agent of a California consumer, we will also ask you to submit additional information (such as your name, contact information, relationship to consumer making the request, copy of written authorization, and additional supporting information) so that we may establish that you have been authorized in writing by the consumer to act on such consumer’s behalf

Our Response Time to Your Request. We will make every effort to respond to your request within forty-five (45) days from when you contacted us. If you have a complex request, the California Consumer Privacy Laws allow us up to ninety (90) days to respond. We will still contact you within forty-five (45) days from when you contacted us to let you know we need more time to respond.

California “Shine the Light”: Under California Civil Code Section 1798.83 (“Shine the Light”), California residents have the right to request in writing from businesses with whom they have an established business relationship: (a) a list of the categories of personal information, as defined under Shine the Light, such as name, email address, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes; and (b) the names and addresses of all such third parties; however, we do not disclose personal data to third parties for their direct marketing purposes.

17. Virginia and other State Privacy Rights

The Virginia Consumer Data Protection Act (“VCDPA”) provides Virginia consumers with specific rights regarding their personal data. This section describes your rights under the VCDPA and explains how you may exercise these rights. We will also apply similar VCDPA rights to residents of other U.S. states with similar laws to which you and we are both subject.

The categories of personal data we process, our purposes for processing your personal data, the categories of personal data that we share with third parties and the categories of third parties with whom we share it are detailed above in our Privacy Statement.

Certain rights that you may have concerning your personal data are set forth in our Privacy Statement. The VCDPA provides you with the following additional rights:

  • Right to knowYou have the right to know whether we process your personal data and to access such personal data.
  • Right to data portability. You have the right to obtain a copy of your personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another business without hindrance, where the processing is carried out by automated means. You may request such personal data up to twice annually, subject to certain exceptions.
  • Right to deleteYou have the right to delete personal data that you have provided by or that we have obtained about you. Please note that we may deny such request if the requested deletion falls under an exception to this right set forth in the VCDPA. Additionally, if you request deletion of your personal data and we have obtained such information from a third-party source, we may retain such data by keeping a record of the deletion request and the minimum data necessary to ensure that your personal data remains deleted from our records and that such retained data is not used for any other purpose, or we may opt you out of the processing of such personal data for any purpose except for those allowed under the VCDPA.
  • Right to opt out of selling or sharing. You have the right to opt out of the processing of the personal data for purposes of (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. As of the latest date of the Privacy Statement, we do not process personal data for the purposes of targeted advertising, sell your personal data in exchange for monetary consideration, or engage in profiling decision based on your personal data that produce legal or similarly significant effects concerning you.
  • Right to correct. You have the right to correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes for which we process it.
  • Right to nondiscrimination. You have the right not to receive discriminatory treatment by us for the exercise of your VCDPA privacy rights. Unless permitted by the VCDPA, we will not:
    • Deny you goods or services.
    • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
    • Provide you a different level or quality of goods or services.
    • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

How to Contact Us About Your Virginia Privacy Rights: To exercise any of your Virginia privacy rights, or if you have any questions about your privacy rights, you may email us at privacy@activeinternational.com.

Verification of Your Identity. After submitting a request, we will take steps to verify your identity in order for us to properly respond and/or confirm that it is not a fraudulent request. In order to verify your identity, we will request, at a minimum, that you provide your name, email address, phone number, address, and relationship to us, so that we can seek to match this information with the information existing in our systems. When providing us this information, you represent and affirm that all information provided is true and accurate. If we are unable to verify using reasonably commercial efforts that the consumer submitting the request is the same individual about whom we have collected personal data, then we are not required to comply with the request; we may contact you for more information reasonably necessary to authenticate the request, but ultimately we may not be able to meet your request.

Only you may make a verifiable request related to your personal data. If you are making a request as the parent or legal guardian of a known child regarding the processing of that child’s personal data, we may ask you to submit reliable proof of your identity.

Our Response Time to Your Request: We will make every effort to respond to your request within forty-five (45) days from when you contacted us. If you have a complex request, the VCDPA allows us up to ninety (90) days to respond. We will still contact you within forty-five (45) days from when you contacted us to let you know we need more time to respond and the reason for the extension.

Your Right to Appeal: If we decline to take action regarding a request that you have submitted, we will inform you of our reason for declining to take action and provide instructions for how to appeal the decision. In the event that we do not respond to a request that you make pursuant to one of the privacy rights set forth in this section, you have the right to appeal our refusal to take action within a reasonable period of time after you receive our decision. Within sixty (60) days of our receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, we will also provide you with an online mechanism, if available, or other method through which you may contact the Attorney General to submit a complaint.

18. Nevada Privacy Rights

As of the latest date of the Privacy Statement, we do not conduct “sales” of personal data for purpose of Nevada law.  Notwithstanding the foregoing, if you are a resident of Nevada, you have the right to opt-out of the sale of certain personal data to third parties who intend to license or sell that personal data. You can exercise this right by emailing us at privacy@activeinternational.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.

19. Employment Applications and Talent Management

As part of our recruitment and talent management process, we collect personal data with respect to individuals who are interested in working for us. In this context, we collect employment and application data, such as the following: contact information (e.g., name, title, residential or postal address, telephone number, and personal email address); information in a curriculum vitae, resumé, cover letter, or similar documentation; details regarding the type of employment sought, willingness to relocate, job compensation and benefit preferences; health data (e.g., medical conditions); information related to your background, education, criminal record, credit history and similar data; information provided about or by your references or other third parties related to your employment history, skills, qualifications, or education; and information related to previous applications to us or previous employment history with us. When permitted by law, we may collect information about your race and ethnicity to assist with our diversity and inclusion programs. We use this information for the following purposes: to identify and evaluate job applicants; to verify your information; to complete employment, education, background and reference checks; to communicate with you about the recruitment process and your application; to comply with our legal, judicial, regulatory, administrative, or other corporate requirements; to analyze and improve our application and recruitment process; to accommodate individuals who may have specialized needs during the employment process; and to protect the rights, interests, and property of our business, other job applicants, employees, or the public, as required, or permitted, by law. We share this personal data with third parties (see Section 6 (Sharing Information / Third-Party Disclosures), and we may also use this employment and application data for any other purpose set forth in this Privacy Statement.

20. Events and Video Teleconferencing

We host and use video teleconferencing platforms to facilitate conferences, meetings, training events, and other programs. We often use online platforms that are owned and administered by a third-party service provider (e.g., Microsoft Teams, Google, Zoom, WebEx, Skype for Business). Please be aware that our video teleconferencing may record the content, conversations, and discussions thereon, and such records may be stored or retained by our third-party service providers. By participating in our events and video teleconferencing, you hereby consent to the collection and retention of any information provided therein, and you hereby consent to the recording of such activities.

21. Your Choices

If you do not wish to receive promotional or marketing emails from us, you can unsubscribe by using the unsubscribe link included in each such email or newsletter. In some cases we may provide an unsubscribe link within an operational email (e.g., surveys).

22. Changes to this Privacy Statement

We reserve the right to amend this Privacy Statement at any time. We will notify you if this Privacy Statement is amended by updating the “Last Updated” section listed above. It is your responsibility to periodically review the Privacy Statement to determine whether any amendments have been made hereto. Your use of the Services, and continued use of the Services after any amendments are made to this Privacy Statement, signifies your consent to this Privacy Statement and any amendments hereto. We may, in our sole discretion, provide you communications, including via email or text messages, about changes to our Privacy Statement; however, such communications do not abrogate or otherwise limit your responsibility to periodically review the Privacy Statement to determine whether any amendments have been made hereto.

23. Contact Us

If you have questions regarding this Privacy Statement or our handling of your personal data, would like to request more information from us, or would like to exercise a data privacy right, please contact us at the following: (email) privacy@activeinternational.com, (mail) Active Media Services, Inc., ATTN: General Counsel/Data Privacy, One Blue Hill Plaza, Suite 900, Pearl River, NY 10965, or (interactive webform) Webform.