Terms of Use

These Terms of Use were last updated 14 March 2018

These User Terms of Service (the “User Terms”) govern your access and use of our online wellbeing tools and platform (the “Services”). Please read them carefully. Our Services are currently available for use via a web browser or applications specific to your mobile device, as further described in the help section of our website. These User Terms apply to you —the prospective user reading these words. We are grateful you’re here.

  1. Introduction

    These User Terms are a legally binding contract between you and us. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the User Terms, you confirm that you have read, understand and agree to be bound by the User Terms. “We”, “our” and “us” currently refers to Active Digital Solutions Pty Ltd.

    We permit you to use the Services solely in accordance with these User Terms. We retain ownership of the Services at all times. These User Terms apply to the use of any updates or changes to the Services that we may issue from time to time.

  2. Licenses granted to you

    We grant you a non-exclusive, non-transferable, revocable licence to do the following in accordance with these User Terms (the “Licences”); (a) download, install and use the Services, and any updates to it provided by us from time to time, in object code form for your personal use only on a compatible device owned or controlled by you; and (b) access and browse the Services for your personal use only.

    We may terminate the Licences granted under these User Terms at any time in its absolute discretion with or without notice to you. If you breach any provision of these User Terms such Licences shall automatically terminate. Where any of the Licences are terminated, you agree to immediately cease using and accessing the Services and to delete any copies of the Services held by you.

  3. Processing of Your Personal Data

    By downloading, installing or using the Services and/or by submitting personal data to Active, you agree to the collection and processing of your personal data in the manner provided for in our privacy policy (the “Privacy Policy”). Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our products.

  4. Customer’s Choices and Instructions

    4.1. You are an Authorised User in a Community Controlled by a “Customer” (or Us)

    An organisation or other third party that we refer to in these User Terms as “Customer” may have invited you to a community (i.e., a private network where a group of users may access the Services). If you are joining one of your employer’s communities, for example, Customer is your employer. If you are joining a community created by your friend using her personal email address to work on her new business idea, she is our Customer and she is authorising you to join her community. You can belong to more than one community and by default you automatically join the Active community which is a public community.

    4.2. What This Means for You – and for Us – When Joining a Community Controlled by a Customer

    Customer has separately agreed to our Customer Terms of Service or entered into a written agreement with us (in either case, the “Contract”) that permitted Customer to create and configure a community so that you and others could join (each invitee granted access to the Services, including you, is an “Authorised User”). The Contract contains our commitment to deliver the Services to Customer, who may then invite Authorised Users to join its community. When a Customer submits content or information to the Services controlled by a Customer, such as articles or media content related to wellbeing (“Customer Content”), you acknowledge and agree that the Customer Content is owned by Customer and the Contract provides Customer with many choices and control over that Customer Content. Other types of Customer Content include Customer developed wellbeing programs and benefits being offered to Authorised Users.

    4.3. What This Means for You – and for Us – When Joining Active’s Community

    You have agreed to the User Terms and Privacy Policy and join Active’s community as an Authorised User.

    4.4. The Relationship Between You, Customer and Us

    As between us and Customer, when you are part of a community controlled by a Customer community you agree that it is solely Customer’s responsibility to (a) inform Authorised Users of all Customer policies and practices that are relevant to their use of the Services; and (b) obtain all rights, permissions or consents from Authorised Users that are necessary to grant the rights and licences in the Contract and for the lawful use and transmission of Customer Content and operation of the Services; and (c) respond to and resolve any dispute with you and any Authorised User relating to or based on Customer Content, the Services or Customer’s failure to fulfil these obligations. Active makes no representations or warranties of any kind, whether express or implied, to you relating to the services, which are provided to you on an “as is” and “as available” basis.

    4.5. Rights to the Services

    All intellectual property rights and other rights in or to the Services, made available by or on behalf of us and any licensors, belong to and remain at all times with us and our licensors. Save as expressly set out in these User Terms, you shall not obtain (i) any rights in or to our intellectual property rights or those of our affiliates, or (ii) any intellectual property rights and other rights in or to the Services or any contents of either.

    The Services are licensed and not sold under these User Terms. The only rights granted to you in relation to the Services under these User Terms are the Licenses described above and no transfer of ownership or right to access or use any source code related to the Services is granted by us.

    4.6. Feedback

    We welcome any feedback or suggestions for improvements relating to the 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.

  5. A Couple of Ground Rules

    5.1. While You Are Here, You Must Follow the Rules

    To help ensure a safe and productive work environment, all Authorised Users must adhere to the following list of acceptable and unacceptable conduct for our Services. If we believe a violation of the policy is deliberate, repeated or presents a credible risk of harm to other users, our customers, the Services or third parties, we may suspend or terminate your access.

    Acceptable Conduct:

    • comply with all User Terms
    • comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies, and any rules of any national and other securities exchanges;
    • use commercially reasonable efforts to prevent unauthorised access to or use of the Services;
    • keep all login information confidential;
    • monitor and control all activity conducted through your account in connection with the Services;
    • promptly notify us if you become aware of or reasonably suspect any illegal or unauthorised activity or a security breach involving your accounts or teams, including any loss, theft, or unauthorised disclosure or use of a username, password or account; and

    Unacceptable Conduct:

    • permit any third party that is not an Authorised User to access or use a username or password for the Services;
    • share, transfer or otherwise provide access to an account designated for you to another person;
    • use the Services to store or transmit any Customer Data that may infringe upon or misappropriate someone else's trademark, copyright, or other intellectual property, or that may be tortious or unlawful;
    • upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Services or on the hardware of Active or any third party;
    • attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third party use of the Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law);
    • attempt to gain unauthorised access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services;
    • access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
    • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
    • abuse programs and challenges to get more points than deserved;
    • use contact or other user information obtained from the Services (including email addresses) to contact Authorised Users outside of the Services without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for Authorised Users for use outside of the Services; or
    • authorise, permit, enable, induce or encourage any third party to do any of the above.

    5.2. You Are Here At the Pleasure of Customer (and Us)

    These User Terms remain effective until the subscription for you expires or terminates, or your access to the Services has been terminated by Customer or us. Please contact us if you at any time or for any reason wish to terminate your account, including due to a disagreement with any updates to these User Terms.

  6. Limitation of Liability

    If we believe that there is a violation of the Contract, User Terms, or any of our other policies that can simply be remedied by Customer taking action, we will, in most cases, ask Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if Customer does not take appropriate action or we believe there is a credible risk of harm to us, the Services, Authorised Users, or any third parties. In no event will you or we have any liability to the other for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. Unless you are also a Customer (and without limitation to our rights and remedies under the Contract), you will have no financial liability to us for a breach of these User Terms. The foregoing disclaimer will not apply to the extent prohibited by applicable law.

    6.1. Survival

    The sections titled “The Relationship Between You, Customer, and Us”, “Limitation of Liability”, and “Survival”, and all of the provisions under the general heading “General Provisions” will survive any termination or expiration of the User Terms.

  7. General Provisions

    7.1. Notices

    Except as otherwise set forth herein, all notices under the User Terms will be by email. Notices to Active will be sent to feedback@activeapp.com.au, except for legal notices, which must be sent to legal@activeapp.com.au. A notice will be deemed to have been duly given (a) the day after it is sent, in the case of notices through email; and (b) the same day, in the case of notices through the Services. Notices under the Contract will be delivered solely to Customer in accordance with the terms of that agreement.

    7.2. Modifications

    As our business evolves, we may change these User Terms. If we make a material change to the User Terms, we will provide you with reasonable notice prior to the change taking effect by emailing the email address associated with your account. You can review the most current version of the User Terms at any time by visiting this page, and by visiting the following for the most current versions of the other pages that are referenced in these User Terms and Privacy Policy. Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.

    7.3. Waiver

    No failure or delay by either party in exercising any right under the User Terms will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorised representative of the party being deemed to have granted the waiver.

    7.4. Severability

    The User Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.

    7.5. Governing Law

    The User Terms, and any disputes arising out of or related hereto, will be governed exclusively by the internal laws of the State of New South Wales, Australia.

    7.6. Venue; Waiver of Jury Trial; Fees

    The state and federal courts located in Sydney, New South Wales will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these User Terms, or their formation as a contract between us or their enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the User Terms. In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and lawyer’s fees.

    7.7. Entire Agreement

    The User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these User Terms and any pages referenced in these User Terms, the terms of these User Terms will first prevail; provided, however, that if there is a conflict or inconsistency between the Contract and the User Terms, the terms of the Contract will first prevail, followed by the provisions in these User Terms, and then followed by the pages referenced in these User Terms (e.g., the Privacy Policy). Customer will be responsible for notifying Authorised Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.

    7.8. Contacting Active

    Please also feel free to contact us if you have any questions about Active’s User Terms. You may contact us at feedback@activeapp.com.au or at our mailing address below:

    Active Digital Solutions
    Level 2, 11 York Street
    Sydney, NSW
    2000

Privacy Policy

This Privacy Policy was last updated 25 May 2018

We believe that transparency is the key to any healthy relationship. At Active, we are all about healthy attitudes. We appreciate that you are trusting us with information that is important to you, and we want to be transparent about how we use it.

Here we describe the privacy practices for our applications, software, websites, APIs, products and services (the “Services”). This Privacy Policy describes how Active collects, uses and discloses information, and what choices you have with respect to the information. Updates in this version of the Privacy Policy reflect changes in data protection law. In addition, we have worked to make the Privacy Policy clearer and more understandable by:

  • organising it into sections listed in the Table of Contents below,
  • providing a series of examples that help illustrate how the policies may be implemented by Active and
  • defining and capitalising a few terms that are used more than once for simplicity and brevity


When we refer to “Active”, we mean the Active entity that acts as the controller or processor of your information, as explained in more detail in the “Identifying the Data Controller and Processor” section below.


Table of Contents

  • Information We Collect
  • How We Use Information
  • Your Rights To Access and Control Your Personal Data
  • Data Retention
  • Analytics and Advertising Services Provided by Others
  • How We Share and Disclose Information
  • Information Security
  • Age Limitations
  • International Operations and Data Transfers
  • Identifying The Data Controller And Processor
  • Changes to this Privacy Policy
  • Contacting Active


INFORMATION WE COLLECT


When you use our Services, we collect the following types of information.

Information You Provide Us

Account Information - Some information is required to create an account on our Services, such as your name, email address and mobile telephone number. This is the only information you have to provide to create an account with us. You may also choose to provide other types of information, such as profile photo, or if you’re involved in a corporate activity you may choose to provide your company name.

Additional Information - To help improve your experience or enable certain features of the Services, you may choose to provide us with additional information, like your health and wellbeing interests. If you contact us or participate in a survey we collect the information you submit such as your name, contact information, and message.

Information From Third Parties - If you choose to connect your account on our Services to your account on another service, we may receive information from the other service. For example, if you connect to Apple Health or Fitbit, we may receive information like your historical exercise or activity data. You can stop sharing the information from the other service with us by removing our access to that other service in your account settings.


Information We Receive From Your Use Of Our Services

Third Party Information - Each time you sync your account on our Services with your third party account we may collect data to estimate a variety of metrics like the number of steps you take, your distance travelled, calories burned, weight, heart rate, sleep stages, active minutes and location. The data collected varies depending on which activity you have opted to participate in as part of our Services. When your third party account syncs with our Services, data recorded on your third party account is transferred across to our servers. You can revoke this access at anytime through your profile settings.

Location Information - The Services include features that use precise location data. We collect timezone in order to adjust activity data when you travel between two locations and to obtain accurate results in activities. Country information is collected to ensure we provide you with localised and relevant content as part of the Services.

Usage Information - When you access or use our Services, we receive certain usage data. This includes information about your interaction with the Services, for example, when you view content, install applications or software, create or log into your account, or connect a third party account to our Services. We also collect data about the devices and computers you use to access the Services, including IP addresses, browser type, language, operating system, mobile device information (including device and application identifiers), the referring web page, pages visited, location (depending on the permissions you have granted us) and cookie information.

Health And Other Personal Data - To the extent that information we collect is health data or another category of personal data subject to the European Union’s General Data Protection Regulation (“GDPR”), we ask for your explicit consent to process the data. We obtain this consent separately when you take actions leading to our obtaining the data, for example, when you grant us access to your exercise or activity data from another service. You can use your profile settings to remove our access to a third party service at any time, and please note that you can delete your account at any time.



HOW WE USE INFORMATION


We collect your personal information for the purpose of providing, managing and administering the Services we provide. We may also use your personal information to:

  • Improve, personalise and develop the services
  • Verify your identity
  • Respond to your enquiries
  • Promote safety and security
  • Communicate new product offerings that may be of interest
  • Distribute administrative notices
  • Any other legal requirements


YOUR RIGHTS TO ACCESS AND CONTROL PERSONAL DATA

We give you account settings to access and control your personal data, as described below, regardless of where you live. If you live in the European Economic Area, United Kingdom, and Switzerland (the “Designated Countries”), you have a number of legal rights with respect to your information, which your account settings and tools within the Services allow you to exercise, as outlined below.

Accessing Data - By logging into your account, you can access much of your personal information, including your activities with daily and ongoing statistics.

Editing and Deleting Data -Your account settings let you change and delete your personal information. For instance, you can edit or delete the profile data you provide. If you want to delete your account please contact our Data Protection Officer at support@activeapp.com.au. Please note that it may take up to 90 days to delete all of your account information. This is due to the size and complexity of the systems we use to store data. We may also preserve data for legal reasons.

Objecting to Data Use - We give you account setting and tools to control your data use. For example, through your profile settings, you can revoke access of third party applications that you previously connected to your Active account.

Restricting or Limiting Data Use - In addition to the various controls that we offer, if you reside in a Designated Country, you can seek to restrict our processing of your data in certain circumstances. Please note that you can always delete your account at any time.

If you need further assistance regarding your rights, please contact our Data Protection Officer at support@activeapp.com.au, and we will consider your request in accordance with applicable laws. If you reside in a Designated Country, you also have the right to lodge a complaint with your local data protection authority.



DATA RETENTION

We keep your account information, like your name, email address and mobile number, for as long as your account is in existence because we need it to operate your account. We keep other information, like your exercise or activity data, until you notify us that you want to delete your account because we use this data to provide you with your personal statistics and other aspects of the Services. We also keep information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm.



HOW WE SHARE AND DISCLOSE INFORMATION

We do not share your personal information except in the limited circumstances described below.


When You Agree Or Direct Us To Share - You may direct us to disclose your information to others, such as when you use our community features like the activity leaderboards, and other social tools. For certain information, such as your name and profile photo, we provide you with account settings to control how your information is visible to other users of the Services. Just remember that if you choose to participate in a challenge, information like your total steps in the challenge, leaderboard position and your name, is not governed by your account settings and will be visible to all other challenge participants.

You may also authorise us to share your information with others, for example, when it comes to participating in an employee wellbeing program, we may provide your personal information to your employer if it relates to the running of a competition where there are prizes awarded. Remember that their use of your information will be governed by their privacy policies and terms. You can revoke your consent to share with employee wellbeing programs by contacting the Data Protection Officer at support@activeapp.com.au.

For Legal Reasons Or To Prevent Harm - We may preserve or disclose information about you to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.

Please note: Our policy is to notify you of legal process seeking access to your information, such as search warrants, court orders, or subpoenas, unless we are prohibited by law from doing so. In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period. Exceptions to our notice policy include exigent or counterproductive circumstances, for example, when there is an emergency involving a danger of death or serious physical injury to a person.

We may share non-personal information that is aggregated or de-identified so that it cannot reasonably be used to identify an individual. We may disclose such information publicly and to third parties, for example, in public reports about exercise and activity, to partners under agreement with us, or as part of the community benchmarking information we provide to users of our subscription services.

If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of personal information and give affected users notice before transferring any personal information to a new entity.



INFORMATION SECURITY

Active takes security of data very seriously. We work hard to protect information you provide from loss, misuse, and unauthorised access or disclosure. We use a combination of technical, administrative, and physical controls to maintain the security of your data. This includes using Transport Layer Security (“TLS”) to encrypt many of our Services. No method of transmitting or storing data is completely secure, however. If you have a security-related concern, please contact the Data Protection Officer at support@activeapp.com.au.


AGE LIMITATIONS

To the extent prohibited by applicable law, Active does not allow use of our Services and Websites by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will takes steps to delete such information.

INTERNATIONAL OPERATIONS AND DATA TRANSFERS

Active may transfer your Personal Data to countries other than the one in which you live. We rely on multiple legal bases to lawfully transfer personal data around the world. These include your consent, and the Privacy Act 1988 (Cth) and the ten Australian Privacy Principles in the Privacy Act. Where applicable Active will offer EU Commission approved model contractual clauses, also known as Standard Contractual Clauses, to meet the adequacy and security requirements for any of our customers that operate in the European Union, and other international transfers of Customer Data.

Please note that the countries where we operate may have privacy and data protection laws that differ from, and are potentially less protective than, the laws of your country. You agree to this risk when you create an Active account, irrespective of which country you live in. If you later wish to withdraw your consent, you can delete your Active account as described in the “Your Rights To Access and Control Your Personal Data” section.



IDENTIFYING THE DATA CONTROLLER AND PROCESSOR

Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Customer Data. In general, Active is the processor of Customer Data and the controller of other Information such as usage and location information.


CHANGES TO THIS PRIVACY POLICY

We will notify you before we make material changes to this policy and give you an opportunity to review the revised policy before deciding if you would like to continue to use the Services.


CONTACTING ACTIVE

Please feel free to contact Active if you have any questions about this Privacy Policy or Active’s practices, or if you are seeking to exercise any of your statutory rights. You may contact our Data Protection Officer at support@activeapp.com.au or at our mailing address below:


Active Digital Solutions
Level 2, 11 York Street
Sydney, NSW
2000


© Active Digital Solutions PTY LTD