(a) Web Site Owner. Activiv Enterprises, LLC ("ACTIVIV") is the owner of this web site ("ACTIVIV Web Site"). ACTIVIV can be contacted by mail at PO Box 881, New York, New York 10272 or by e-mail at firstname.lastname@example.org. This online privacy notice discloses ACTIVIV information practices for this ACTIVIV Web Site, including what type of personal identifiable information is requested in order to make a purchase, how the information is used, and with whom the information is shared. Note that other ACTIVIV web sites may be governed by privacy notices containing different information practices applicable to those sites.
(b) Web Site Visits. ACTIVIV collects certain information from ACTIVIV Web Site visitors. This includes, but is not limited to, the home server domain name, e-mail address, type of computer and web browser, what pages visitor accessed, and limited information about search requests. This information is used to solve technical problems and to calculate overall usage statistics.
(c) Web Site Transactions. At times, ACTIVIV shall need personal information regarding a customer or a prospect. For example, to process an order or provide a subscription, ACTIVIV may need to know a customer's name, mailing address, e-mail address and credit card details. It is ACTIVIV's intent to inform you before ACTIVIV collects personal information, such as user's name and/or address on the Internet. If you tell us that you do not wish to have this information used as a basis for further contact with you, ACTIVIV shall respect your wishes.
2. Personal Information That May Be Collected.
(a) Identifying Information. In order to make a purchase and/or access designated subscriber services and/or restricted areas within the ACTIVIV Web site, ACTIVIV shall request a user to provide certain personal identifying information, which may include: legal name, postal address, e-mail address, screen name, password, telephone number, facsimile number, method of payment, and, if applicable, credit card number. ACTIVIV may request additional information necessary to establish and maintain customer's account.
(b) Service Quality Monitoring. Some Web site transactions may require a customer to telephone ACTIVIV, or ACTIVIV to call the customer. ACTIVIV shall not contact you by telephone without your prior consent, except to confirm an order placed online and/or to inform a customer of the status of such order. Customer should be aware that it is ACTIVIV's practice to monitor, and in some cases record such calls for staff training or quality assurance purposes.
(c) Information from Children. ACTIVIV does not sell products or services for purchase by children and shall not collect or post information from a child under the age of 18 without the involvement of a parent or guardian. ACTIVIV shall notify the child's parent or guardian at the e-mail address provided by the prospective customer, alerting the parent or guardian to the child's use of the Web site and providing instructions as to how the parent or guardian can delete the child's registration from the Web site. ACTIVIV does not use personally identifying information collected from children for marketing or promotional purposes and does not disclose such information to any third party for any purpose whatsoever.
(d) Lost or Stolen Information. Help keep your personal information accurate. If a customer's personal information has changed, please e-mail the new information to ACTIVIV at the e-mail address shown in Paragraph 1(a). If a customer would like to review the personal information ACTIVIV has in its files regarding the customer, e-mail your request to ACTIVIV together with the description of a recent purchase.
(e) Chat Rooms, Forums and Bulletin Boards. If customer participates in an ACTIVIV chat room, discussion forum, or posts messages to an ACTIVIV bulletin board, customer should be aware that the information disclosed and shared shall be broadly available to other persons, both inside of and/or outside ACTIVIV, who have access to that chat room, forum or bulletin board. Some individual ACTIVIV chat rooms, forums or bulletin boards have additional rules and conditions regarding participation. Also, participant's expressed opinion is his or her own and should not be considered as reflecting the opinion of ACTIVIV.
(f) Links to Other Web Sites. An ACTIVIV Web site may contain links to other web sites. ACTIVIV is not responsible for the privacy practices or the content of those other Web sites.
3. Uses Made of the Information.
(a) Limited Uses Identified. Personal information collected by ACTIVIV shall be used by ACTIVIV for the following purposes: statistical analysis of customer's behavior while visiting our website, product development, content improvement, and website traction analysis. All customer information shall be kept confidential within our company databases.
(b) Marketing Uses. Unless customer clicks out of box to opt-out from receiving emails from ACTIVIV on ACTIVIV's Web site, ACTIVIV reserves the right to provide customer with information about ACTIVIV's Web site, ACTIVIV products and services, and related information in which customer has indicated an interest.
(c) Stored Information Uses. ACTIVIV stores and retains the information provided by customer. This information is used to compile a customer's purchase history in order to enable ACTIVIV to recommend products, services, or special offers that would be of interest to a customer.
(d) Online Advertising. Some companies that help ACTIVIV deliver interactive on-line advertising, such as banner ads, may collect and use information about ACTIVIV's customers to help ACTIVIV better understand the types of advertising or promotions that are most appealing to ACTIVIV's customers. After it is collected the information is aggregated so it is not identifiable to a specific individual. If, however, customer would prefer that these companies not collect such information, please unclick the box on the opt-out option box provided on ACTIVIV's Web site.
4. Disclosure of the Information.
(a) Within Corporate Organization. ACTIVIV is a multinational organization, with legal entities, business processes, management structures, and technical systems that cross borders. ACTIVIV may share your personal information within the ACTIVIV corporate organization and may transfer the information to countries in the world where ACTIVIV conducts business. Some countries may provide less legal protection for customer personal information. In such countries ACTIVIV shall still handle customer personal information in the manner described in this agreement.
(b) Mergers and Acquisitions. Circumstances may arise where for business reasons, ACTIVIV decides to sell, buy, merge or otherwise reorganize its businesses in the United States or some other country. Such a transaction may involve the disclosure of personal identifying information to prospective or actual purchasers, and/or receiving such information from sellers. It is ACTIVIV's practice to seek appropriate protection for information in these types of transactions.
(c) Agents. ACTIVIV employs or engages other companies and individuals to perform business functions on behalf of ACTIVIV. These persons are provided with personal identifying information required to perform their functions but are prohibited by contract from using the information for other purposes. These persons engage in a variety of functions which include, but are not limited to, fulfilling orders, delivering packages, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer services.
(d) Affiliated Businesses. ACTIVIV works closely with affiliated businesses operating web site stores, providing services or selling products on each other's Web sites. These businesses identify themselves to customers. Customer information related to a transaction with an affiliated business is shared with that affiliated business.
(e) Marketing Analysis by Third Parties. ACTIVIV reserves the right to disclose to third parties personal information about customers for marketing analysis; however, any information disclosed shall be in the form of aggregate data that does not describe or identify an individual customer.
(f) Disclosure to Governmental Authorities. Under certain circumstances, personal information may be subject to disclosure pursuant to a judicial or other government subpoenas, warrants or orders.
5. Use of Computer Tracking Technologies.
(a) No Tracking of Personal Information. ACTIVIV's Web site(s) are not set up to track, collect or distribute personal information not entered by visitors. Our site logs do generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes by technical support staff to provide better services to the public and may also be provided to others, but, again, the statistics contain no personal information and cannot be used to gather such information.
(c) Use of Web Beacon Technologies. ACTIVIV may also use Web beacon or other technologies to better tailor its Web site(s) to provide better customer service. If these technologies are in use, when a visitor accesses these pages of the Web site, a non-identifiable notice of that visit is generated which may be processed by ACTIVIV or by its suppliers. Web beacons usually work in conjunction with cookies. If customer does not want cookie information to be associated with customer's visits to these pages, customer can set its browser to turn off cookies; however, Web beacon and other technologies shall still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.
(d) Collection of Non-Identifiable Information. ACTIVIV may collect non-identifiable information from user visits to the ACTIVIV Web site(s) in order to provide better customer service. Examples of such collecting include: traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors; measuring visitor activity on ACTIVIV Web site(s); Web site and system administration; user analysis; and business decision making. Such information is sometimes known as "clickstream data." ACTIVIV or its contractors may use this data to analyze trends and statistics.
(e) Collection of Personal Information. ACTIVIV collects personal identifying information from customer during a transaction. ACTIVIV may extract some personally identifying information about that transaction in a non-identifiable format and combine it with other non-identifiable information, such as clickstream data. This information is used and analyzed only at an aggregate level (not at an individual level) to help ACTIVIV understand trends and patterns. This information is not reviewed at an individual level.
6. Information Security.
(a) Commitment to Online Security. ACTIVIV intends to protect customer personal information and to maintain its quality. To achieve information security and quality, ACTIVIV implements appropriate measures and processes, such as using encryption when transmitting certain sensitive information.
(b) No Liability for Acts of Third Parties. ACTIVIV shall exercise all reasonable efforts to safeguard the confidentiality of customer personal information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, ACTIVIV shall not be liable for unauthorized disclosure of personal information due to no fault of ACTIVIV including, but not limited to, errors in transmission and unauthorized acts of ACTIVIV staff and third parties.
(b) Opt-Out Right. Customer and prospective customer has the right at any time to cease permitting personal information to be collected, used or disclosed by ACTIVIV and/or by any third parties with whom ACTIVIV has shared and/or transferred such personal information. Right of cancellation may be exercised by contacting ACTIVIV via e-mail at , telephone or certified postal mail. After processing the cancellation, ACTIVIV shall delete customer or prospective customer's personal information from its data base.
8. Access Rights to Data.
(a) Information Maintained by ACTIVIV. Upon customer's request, ACTIVIV shall provide a reasonable description of customer's personally identifiable information that ACTIVIV maintains in its data bank. ACTIVIV can be contacted by e-mail at , or certified postal mail at PO Box 881, New York, New York 10272.
(b) Corrections and Changes to Personal Information. Help ACTIVIV to keep customer personal information accurate. If customer's personal information changes, or if customer notes an error upon review of customer information that ACTIVIV has on file, please promptly e-mail ACTIVIV at and provide the new or correct information.