1. The licences granted to you for the use of the Active App and Site
2. Your consent to the processing of personal data
3. Rights to the Active App, Site and their content
We welcome any feedback or suggestions for improvements relating to the Active App, Site and/or any related products and services offered by us from time to time ("Feedback"). Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.
4. Use of the Active App
In order to use the Active App, you must create a user account (an "Active Account"). You are responsible for all uses of your Active Account whether by you or a third party. You should ensure that you use your personal mobile number and a valid email for verification of your account and a strong password (if applicable) for your Active Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorised use of your Active Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to use a strong password (if applicable). Access to your account can become restricted or outright impossible in case of a loss of your control over the mobile number to which your account is registered.
Your Active Account logs details of all Active Points generated by you and any transfers of Active Points to or from your Active Account. Please review your Active Account regularly. If you identify any erroneous transaction or unexpected activity on your Active Account, or you believe that the security of your Active Account has been compromised, you must let us know as soon as possible.
When using the Active App on your mobile device, you acknowledge and agree that Active operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.
5. Active Points
"Active Points" are units of exchange that users of the Active App may generate through verified physical movement (e.g. steps). Active Points may be used to redeem products, services and other benefits via the Active App, to the extent that such products, services and other benefits are offered by users. You acknowledge and agree that Active Points may not be redeemed for cash from Active or any of its affiliates, unless we expressly agree otherwise with you in writing.
We reserve the right and retain the absolute discretion to determine, and alter from time to time, the eligible forms of movement, movement verification algorithms and amounts of verified movement that must be undertaken by users in order to generate Active Points using the Active App (for example, and without limitation, we may alter from time to time the verification algorithm or the number of verified steps required to generate an Active Point). Details of eligibility criteria and the volumes of verified movement required to generate Active Points from time to time are provided within the FAQ section of the Active App. Movement verification conducted by our algorithms is considered final and can not be revised or reversed.
We reserve the right to impose charges in relation to the use of Active App in fiat currency from time to time, which may be applicable to all or specific categories of users or to the use of specific functionality or services accessed via the Active App. The currency and amount of any such charges may be determined by us in our absolute discretion.
6. Acceptable Use
You agree that you shall not:
If we discover any breach of this Section 6 by you, we may immediately suspend or terminate your access to the Active App and remove and delete any content from Active App or Site violating this Section 6.
7. Changes and updates to the Active App and Site
Active reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to the Active App and/or Site, and/or (ii) alter the functionality or contents of the Active App and/or Site with or without notice to you.
We may issue updates to the Active App from time to time. Depending upon the nature of the update, you may not be able to continue to use the Active App until you have downloaded the latest version of the Active App.
8. Contacting us
In relation to any matters concerning the Active App and Sites, including any feedback, questions, complaints or claims, please contact us by email to email@example.com.
Active welcomes any feedback you may have on the Active App.
9. No warranty
The Active App and Site are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of the Active App, Site or the contents of any of them. Active does not warrant or undertake that use and availability of the Active App and Site will be uninterrupted or error-free.
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE ACTIVE APP OR SITE. IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF ACTIVE IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Third Party Content
For your convenience Active may include in the Active App, Site or Active owned email accounts links to other sites on the internet that are owned or operated by third parties ("Third Party Websites"). You also agree that Active has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.
The Active App, Site or Active owned email accounts may include content submitted by other users of the Active App and Site ("Third Party Content"). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.
The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.
11. No Medical Advice
The Active App allows you to track and verify your physical movement, generate Active Points and use Active Points to redeem goods, services and other benefits. THE SERVICES WE PROVIDE DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, ANY FORM OF MEDICAL ADVICE OR OPINION. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. The Active App is not a tool for the diagnosis or prevention of disease. We do not endorse any third party products or services listed on the Active Rewards Store and, where these relate to your health, you should always take appropriate medical advice before using them. YOUR USE OF THE ACTIVE APP DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ACTIVE.
From time to time we may make available additional terms or guidance in relation to the usage of Active App or Site, and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the Active App or any Site.
13. Active Rewards Store
The Active App enables third parties ("Merchant") to offer goods or services ("Merchant Offering") to Active App users that may be redeemed in exchange for Active Points (such functionality being the "Active Rewards Store"). The Merchant may have its own terms and conditions applicable to the sale, supply and/or provision of the Merchant Offering.
Any Merchant Offering listed on the Active Rewards Store is offered subject to its availability and can only be redeemed with the Merchant and not with Active. You agree that disputes in relation to any Merchant Offering redeemed via the Active Rewards Store shall be resolved between the Merchant and the user. Active reserve the right in our absolute discretion to (i) reimburse Active Points to an aggrieved user where we deem this appropriate, and (ii) suspend or terminate the use of the Active App for any user(s).
You agree that Active has no responsibility for any Merchant Offering on the Active Rewards Store. You agree that we have no control over and do not guarantee the quality or safety of any Merchant Offering. Our operation of the Active Rewards Store should not be taken as an endorsement (express or implied) of any Merchant Offering.
Active is entitled to alter the selection of Merchant Offerings, and the number of Active Points required to redeem any such Merchant Offering, on the Active Rewards Store, as well as to limit the number of possible redemptions of any Merchant Offering in its absolute discretion.
You agree that we and our affiliates have no responsibility to facilitate or offer returns, exchanges or refunds in connection with transactions on the Active Rewards Store that we have not participated in.
We welcome feedback on Active Rewards Store Merchants.
14. Limitation of liability
You acknowledge that the Active App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Active App meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the Active App, Site and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the Active App or Site or any inaccurate or incomplete content on either.
15. Apple’s requirements
1. Information we may collect from you
We may collect and process the following data about you:
Such information may include the following:
Information we collect about you and your devices: When you register as a user of the Active App, use the Active App or visit the Site we may collect the following information:
Information about your location and movement: In order for the Active App to function properly it needs to monitor and verify the forms of eligible movement undertaken by users of the Active App.
When you opt in to allow the Active App to track your step-count using your fitness app and/or device, Active will automatically collect information related to your exercise. This information is stored against your individual user account. Active will use this information to accurately attribute eligible movement and Active Points to your account.
The Active App starts collecting exercise related data as soon as you have installed the Active App to your mobile device and enabled the Active App to access the relevant data from your fitness app and/or device. The data collection will continue until you disable the Active App’s access to your fitness app and/or device, or uninstall the Active App from your mobile device.
Information we receive from other sources: We may work with third parties from time to time (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them. This may include your purchase history from business partners who supply you with rewards made available on the Active App.
2. Cookies and Analytics
The types of cookies we may use include:
We use a number of industry-standard data analytics tools, such as Google Analytics. These collect certain information about you, such as your device’s IP address and browsing and usage behaviour, and are used to allow us to track and monitor the traffic visiting the Active App and Site.
3. Uses made of the information described in this policy
We may use your personal data to:
4. Disclosure of your information
We share your personal data with the parties indicated below and for the following reasons:
5. How and where we store your personal data
Our hosting site is located in the United States Of America. Our systems are firewall protected. We also use encryption techniques and authentication procedures to maintain the security of your personal data and prevent unauthorised access to your Active account and our systems. Authorised Active personnel or authorised third parties who are granted access to personal data are required to keep such data confidential. You are responsible for keeping your account login details confidential.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to or from the Active App and Site via the internet.
6. Data retention
7. Use of aggregated data
For benchmarking and comparison purposes, as well for research purposes in the health and wellness field, we may collect and analyse aggregated anonymous user data generated by the Active App and your mobile device. Such aggregated data will be anonymous and will not identify you. We may sell or provide this data to third parties or publish it.
8. Data relating to children
We do not knowingly collect personal data of children under the age of 13 and will immediately take steps to delete any such data if any inadvertent collection of such data comes to our attention.
9. Your rights and access to information
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by emailing us at firstname.lastname@example.org.
If you would like to cancel your Active Account, please contact us by emailing us at email@example.com and we will take reasonable steps to permanently delete your personal data within a reasonable period and subject to our data retention policies. Your unique, app-generated user ID (against which Active Points are earned and stored), will be retained and continue to be processed in the event of account cancellation in order to allow the continued operation of the full functionality Active App (including transaction histories) for other users.
You can access, update, rectify, and delete your information you provided to us in your profile by logging into your account or sending us an email at firstname.lastname@example.org.
The Active App, Site or Active owned email accounts may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.