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Privacy



Last Revised: April 2, 2009

 

This privacy policy ("Policy") explains how personal information is collected, used, and disclosed with respect to your use of our web site located at www.activity8.com (the "Site") and the software and services provided by Anydev, LLC. ("we" or "us") and accessed through the Site and your mobile device (the "activity8 Service") so you can make an informed decision about using the activity8 Service. By using the activity8 Service, you represent that you are 13 years old or older and consent to the privacy practices described in this Policy, as may be modified by us from time to time. We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by indicating on the privacy policy the date it was last updated. Your use of the Site following the posting of such changes or revised statement shall constitute your consent to any changes in our privacy practices, and you expressly waive any right to notice of such changes. We encourage you to review this Policy whenever you visit our Site to make sure that you understand how any personal information you provide will be used.

 

Personal information

As used herein, the term "personal information" means information that specifically identifies an individual (such as a name, address, telephone number, mobile number, e-mail address, or other account number), and information about that individual's location or activities, such as information about his or her use of the Site or the activity8 Service, when directly linked to personally identifiable information. Personal information also includes demographic information such as date of birth, gender, geographic area and preferences when such information is linked to other personal information that identifies you. Personal information does not include "aggregate" information, which is data we collect about the use of the Site or about a group or category of products, services or users, from which individual identities or other personal information has been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service. Aggregate data helps us understand trends and our users' needs so that we can better consider new features or otherwise tailor our Site. This policy in no way restricts or limits our collection and use of aggregate information.

 

Information we collect

Personal information may be collected in a number of ways when you visit our Site or use the activity8 Service. We may collect certain information you voluntarily provide to us which may contain personal information. For example, we may collect personal information, such as your name, address, location, email, phone number, mobile number and other contact and demographic information when you register and set up an account, send us a text message or contact us by e-mail or other means for any reason. Personal information may also be collected if you provide such information in connection with creating a profile, leaving comments, posting content, sending an email or message to another user or participating in any interactive forums or features on the site. In addition, from time to time we may collect demographic, contact or other personal information you provide in connection with your participation in surveys, sweepstakes, contests, games, promotional offers, and other activities on the Site or through the activity8 Service.

If you opt in to the SMS service or use a activity8 application on your mobile device, the activity8 Service may also automatically collect location information from your mobile device or your mobile carrier. However, your location data will only be shared with other users when you choose to provide the information to the activity8 Service, and in accordance with this policy and with applicable privacy settings.

When you use the activity8 Service, whether via our web site or your mobile device, some information is also automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring web site, and your activity on the Site. We treat this information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only. We may also automatically collect certain information through the use of "cookies." Cookies are small data files that are stored on a user's hard drive at the request of a Web site to enable the site to recognize users who have previously visited them and retain certain information such as customer preferences and history. If we combine cookies with or link them to any of the personally identifying information, we would treat this information as personal information. If you wish to block, erase, or be warned of cookies, please refer to your browser instructions or help screen to learn about these functions. However, if a browser is set not to accept cookies or if a user rejects a cookie, you will not be able to sign in and will not be able to access certain Site features or services.

 

Use

In general, we use personal information we collect to process your requests or transactions, to provide you with information or services you request, to inform you about other information, events, promotions, products or services we think will be of interest to you, to facilitate your use of, and our administration and operation of, the Site and the activity8 Service, and for the purpose for which the information was provided. For example, we may use the information we collect:

  • to send you a welcoming email or text message and to contact you about your use of the Site and the activity8 Service, such as for administrative purposes, to provide you with customer service or to facilitate your registration for or participation in certain features of the activity8 Service;
  • to provide you with all of the services, features, and functionality included within the activity8 Service, to provide other services, products or information you request and to complete any transactions in connection therewith;
  • to respond to your emails, submissions, comments, requests or complaints;
  • to request feedback and to enable us to develop, customize and improve the Site and our publications, products and services;
  • to contact you about our or a third party's services, products, activities, special events or offers and for other marketing, informational, product development and promotional purposes;
  • to notify contest winners; and
  • for the specific purpose for which the information was provided.


Personal information provided online may be linked together or merged with other personal information so that we may better understand your needs and inform you about our products or services and those of our partners. In addition, if we receive information from third parties with whom we have business relationships, we may combine this information with the other personal information we maintain about you. In either case, this Policy governs this information.

 

Sharing of personal information

We will not share your personally identifiable information with other, third-party companies for their commercial or marketing use without your express consent.

If you choose to provide personally identifying information to us, we may use and disclose it as described in this Privacy Policy (and in any updates to this policy that may be posted to the Site from time to time). We may share personal information with third party vendors, consultants and other service providers (Service Providers) who are engaged by or working with us in connection with the operation of the Site and the activity8 Service and who need access to such information to carry out their work for us. In some cases, the Service Provider may be directly collecting the information from you on our behalf. For example, we may use a third party service to route and process cell phone messages you send to the activity8 Service. We inform our Service Providers that any such information we provide may only be used to carry out their work for us. However, we are not responsible for the actions of such Service Providers, nor are we responsible for any additional information you provide directly to these Service Providers or to other third parties, and we encourage you to become familiar with their practices before disclosing information directly to them. Note that nothing herein restricts the sharing of aggregate information, which may be shared with third parties without your consent.

You understand that when you use the activity8 Service, certain information you post on the Site or provide through the activity8 Service may be shared with other users and posted on publicly available portions of the Site, including without limitation your profile, comments, photographs and locations. In addition, you understand that use of the activity8 Service includes the disclosure and display of your Location Data to other users, your wireless carrier, and third-party partners. You may elect to restrict user access to certain information to those you have accepted as "friends" by using the available privacy settings. Please be aware, however, that although we endeavor to use commercially reasonable efforts to implement these restrictions and honor these designations, no system or security measure is perfect or impenetrable, and therefore, we cannot guarantee that this information will not be available to others. In addition, regardless of the setting you select for your own profile, you should be aware that (i) Location Data and other personal information that you post on other users' profiles or other areas of the Site or the activity8 Service that are not designated as private may be publicly available and can potentially be viewed by anyone; and (ii) personal information and Location Data may still be shared with carriers, Service Providers and other third parties in accordance with the provisions of this Policy. Your use of the activity8 Service constitutes your consent to share this information in such manner and all such sharing of information is done at your own risk. Please keep in mind that if you directly disclose personal information when posting comments or other information or content to the Site or through the activity8 Service, this information may become publicly available and may be collected and used by others. We recommend you be cautious in giving out personal information to others in public online forums. We also recommend that you periodically review your privacy settings to ensure that they reflect your preferences.

In addition, we may disclose personal information in the good faith belief that we are lawfully authorized or required to do so, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of activity8, our users, our employees or the public, including without limitation to protect activity8 or our users from fraudulent, abusive, inappropriate or unlawful use of our Site or the activity8 Service. Information about our users, including personal information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets, financing or acquisition or in any other situation where personal information may be transferred as one of the business assets of activity8.

 

Protect personal information

We have endeavored to put into place reasonable security measures in an effort to protect personal information while it is under our control. Your account information is accessible online only through the use of a password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our web site by any person using your password. Please advise us immediately if you believe your password has been misused.

 

Personal information choices

In order to use the SMS interface for the activity8 Service (the "SMS Service"), you must provide us with certain personal information and give us the right to send you messages and communications via SMS, text message, email or other electronic means to your mobile device, including third party promotions and ads, and otherwise use such personal information as described in this Policy. If you do not wish to receive further communications from us to your mobile device, then you may opt out of the SMS Service by sending the text STOP to the activity8 service from the cell phone, by disabling this feature in the user profile settings on www.activity8.com, or by emailing us at help@activity8.com. If you are not using the SMS Service, you may "opt out" of receiving marketing or promotional communications from us by so indicating at the time of registration, by disabling this feature in the user profile settings on www.activity8.com or by emailing us athelp@activity8.com. You may at any time withdraw your consent to the use and disclosure of your location data. However, such withdrawal will prevent you from using certain features of the activity8 Service, such as posting reviews, creating friends lists, or interacting with other users.

 

Collection of information

The activity8 Service is not intended for use by children under 13, and you must be 13 or older to create an account. By registering for the activity8 Service or using the Site, users represent to us that they are 13 or over, and we do not knowingly collect any information from anyone we actually know is under 13 years of age. If you are under 13, do not attempt to create an account and do not provide any personal information on our Site or through our activity8 Service.