PRIVACY POLICY

 

ACTIVE JOY LLC

Effective: May 25, 2018
Updated: June 13, 2018

Active Joy values your privacy and is committed to protecting your personal information.

This Privacy Policy (“Privacy Policy”) describes how and when Active Joy LLC (“Active Joy”, “we”, “us”, or “our”) collects, stores, uses and shares your information when you use our Service (collectively, our “Privacy Practices”) and is incorporated by reference into the Active Joy Terms and Conditions (the “Terms”). Any terms used, but not defined, in this Policy will have the meanings set forth in the Terms.

“You”, “your” and “users” mean all visitors to the Service as defined below.

This Privacy Policy applies to Active Joy’s online web and mobile sites, including www.myactivejoy.com (collectively, the “Websites), the Active Joy Blog and Newsletter (“Blog”), and any other services provided by us and on which a link to this Privacy Policy is displayed (collectively, our “Service”).

Regardless of the country in which you reside or supply information from, by using our Service, you consent to the Privacy Practices as described in this Privacy Policy. Please be sure to read this Privacy Policy before using our Service or submitting any information to us. The Privacy Practices are necessary to provide our Service, therefore, if you object to our Privacy Practices, then please do not use our Service.

This Privacy Policy may change from time to time and your continued use of the Service constitutes acceptance of such changes. Please check this Privacy Policy periodically for updates.

If you have any questions or comments about this Privacy Policy, please contact us at privacy@myactivejoy.com.

I. Information We Collect through Our Service:

• User-Provided Personal Information. When you use our Service, you may provide and we may collect information about you, or related to you.  You may be reasonably identifiable with respect to some of that information. Collectively, we refer to such information as “Personal Information.” Examples of Personal Information include your name, email address, mailing address, mobile phone number, product information personal to you, data related to clicking, purchases and other activities on the Service, and credit card or other billing and bank information. Personal Information may also include other information, such as geographic area or user preferences, when that information is linked together with information that identifies a specific individual. You may provide us with Personal Information in various ways through the Service. For example, you provide us with Personal Information when you subscribe to the Active Joy Blog, purchase a product, create a customer account, use aspects of our Service, or send us a request for information on the Active Joy website, third-party websites or tools, or any other aspect of the Service.

• Cookies And Automatically Collected Information. When you use our Service, we, or one or more of our third party service providers, may send one or more “cookies” – small text files containing a string of encoded characters – to your device.  Those encoded characters are used for tracking and analyzing your preferences and activities on the Service, helping us improve our marketing of the Service, and making it more relevant and useful to you.  Thus, we collect additional information, which may include Personal Information, through the use of cookies.  Please review your web browser “Help" file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Service, you may not be able to use at least some of the features of the Service to their fullest potential.

• Information From Your Device(s). We or one or more of our third party service providers may also automatically record certain information from your device by using various types of technology, including “clear gifs” and locally stored objects. This automatically collected information may include your IP address or other device address or ID, operating system, web browser and/or device type, the web pages or sites that you visit just before or just after you use our Service, the pages or other content you view or otherwise interact with through our Service, and the dates and times that you visit, access, or use our Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users, and may be connected with your Personal Information.

• Location Information. We or one or more of our third party service providers may obtain information about your physical location, such as by geo-location features in your device or by inference from other information we collect (for example, your IP address).

• Third Party Web Content. We may display third-party content through the Service, including but not limited to third-party advertising. Third-party content may use cookies, web beacons, or other mechanisms for obtaining data in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by Active Joy. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies. You should review these third party policies, as discussed further, immediately below.

  Third Party Data Collection.  In addition to those listed below, we work with third party service providers to provide website, application development, hosting, maintenance, payment processing, purchase fulfillment, shipping, customer support, emails, newsletters, marketing and promotion, analytics, and other services and support for us. These third party service providers may collect or otherwise have access to or process your information, including your Personal Information, as part of providing those services for us. These third parties are authorized to use your personal information only as necessary to provide these services to us and are prohibited from using your personal information for promotional purposes.

  eCommerce and Hosting Services.  The Service is hosted by Squarespace Inc. (“Squarespace”) and Shopify (“Shopify”), each of which is an eCommerce and webhosting service platform. Therefore, certain terms and conditions of Squarespace’s Privacy Policy, and Shopify’s Privacy Policy may apply to you as you utilize the Service. Please read and carefully review those policies. You accept Squarespace’s applicable Privacy Policy and practices and Shopify’s applicable Privacy Policy and practices every time you use the Service. If you do not accept Squarespace’s applicable Privacy Policy or Shopify’s applicable Privacy Policy, then you must not use the Service.

  Marketing Services.  We use MailChimp’s Email marketing services, to send you our marketing, promotional and other materials, and to maintain our mailing list for marketing the Service, including any information you have provided us to stay in contact with you. Therefore, certain terms and conditions of MailChimp’s Privacy Policy may apply to you as you utilize the Service. Please read and carefully review that policy. You accept MailChimp’s applicable Privacy Policy and practices every time you use the Service. If you do not accept MailChimp’s applicable Privacy Policy, then you must not use the Service. 

We may also use other third party service providers for marketing analytics functions, such as interpreting, organizing and understanding customers and other users of the Service.  For example, we use Google Analytics for their marketing analytics services.  Google’s applicable privacy policy can be viewed here.  Please read and carefully review that policy. You accept Google’s applicable Privacy Policy and practices every time you use the Service. If you do not accept Google’s applicable Privacy Policy, then you must not use the Service.  We also work with Facebook Inc. (“Facebook”), including the Facebook Pixel line of products and services to measure and analyze customer and other user data.  Facebook’s privacy policy can be viewed here. Please read and carefully review that policy. You accept Facebook’s applicable Privacy Policy and practices every time you use the Service. If you do not accept Facebook’s applicable Privacy Policy, then you must not use the Service.


  Payments, Funding and Shopping.  We use Shopify Payments, as powered by Stripe, Inc. (“Stripe”), PayPal, and Amazon Pay as payment gateways to process purchases made on the Service. When you make a purchase on the Service, you select your method of payment. We collect and provide your Personal Information to Stripe, PayPal, or Amazon Pay as part of the payment processing process, depending on the method by which you chose to pay. Therefore, certain terms and conditions of the Stripe Privacy Policy, PayPal Privacy Policy, or Amazon Pay Privacy Policy will apply to you and your personal information, and you give your consent to each by using the Service. Please read the Stripe Privacy Policy, PayPal Privacy Policy, and Amazon Pay Privacy Policy.

We may also use other third party service providers to assist us in obtaining funding, such as crowdfunding or other funding campaigns.  For example, we work with iFundWomen, Inc. (“iFundWomen”) for fundraising and related activities.  iFundWomen’s applicable privacy policy can be viewed here.  Please read and carefully review that policy. You accept iFundWomen’s applicable Privacy Policy and practices every time you use the Service. If you do not accept iFundWomen’s applicable Privacy Policy, then you must not use the Service.


II. How We Use The Information We Collect:

We use information, including your Personal Information, that we or one of our third party service providers collect on the Service in a variety of ways to provide our Service and operate our business, including the following:

To operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to provide you with notices about the Service, to provide you with product information, and to respond to comments and questions and otherwise to provide support to users.

To understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, features, and functionality.

To contact you for administrative purposes such as customer service or to send commercial communications, including updates on product launches, promotions, surveys, contests, and events relating to products and services offered by us and by third parties we work with. You will have the ability to opt out of receiving such commercial communications as described in the communication or by emailing us at privacy@myactivejoy.com.

We may use cookies and automatically collected Personal Information to: (i) personalize our Service, such as remembering your information so that you will not have to re-enter it during your use of our Service or the next time you use our Service; (ii) provide customized advertisements, content, and information based on your activity on the Websites; (iii) monitor and analyze the effectiveness of the Service and third-party marketing activities, and improve the Service; and (iv) monitor and analyze aggregate marketing and business-related data, such as the number of visitors and pages viewed.

III. When We Disclose Information:

Except as described in this Privacy Policy, we will not disclose, share, sell, or rent your information, including your Personal Information that we collect through the Service, to third parties without your written consent, however, certain information and Personal Information collected from you and about you is used in the context of providing our Service to you. By using our Service, you consent to the disclosure and use of the information and your Personal Information in the following circumstances:

Any information that you voluntarily choose to include in a publicly accessible area of the Service, such as comments on the Blog, will be publicly available to anyone who has access to that content, including other users.

In addition to those listed in this Privacy Policy, we work with third party service providers for website and application development, hosting, maintenance, payment processing, purchase fulfillment, shipping, customer support, emails, newsletters, marketing and promotion, analytics, and other services and support for us. These third party service providers may have access to or process your information, including your Personal Information, as part of providing those services for us. These third parties are authorized to use your personal information only as necessary to provide these services to us and are prohibited from using your personal information for promotional purposes.

As mentioned above, the Service is hosted by Squarespace Inc. (“Squarespace”) and Shopify (“Shopify”), each of which is an eCommerce and webhosting service platform. Therefore, certain terms and conditions of Squarespace’s Privacy Policy, and Shopify’s Privacy Policy may apply to you as you utilize the Service. Please read and carefully review those policies. You accept Squarespace’s applicable Privacy Policy and practices and Shopify’s applicable Privacy Policy and practices every time you use the Service. If you do not accept Squarespace’s applicable Privacy Policy or Shopify’s applicable Privacy Policy, then you must not use the Service.

As also mentioned above, we use MailChimp’s Email marketing services. Therefore, certain terms and conditions of MailChimp’s Privacy Policy may apply to you as you utilize the Service. Please read and carefully review that policy. You accept MailChimp’s applicable Privacy Policy and practices every time you use the Service. If you do not accept MailChimp’s applicable Privacy Policy, then you must not use the Service.

As also mentioned above, we use Shopify Payments, as powered by Stripe, Inc. (“Stripe”), PayPal, and Amazon Pay as payment gateways. When you make a purchase on the Service, you select your method of payment. We collect and provide your Personal Information to Stripe, PayPal, or Amazon Pay as part of the payment processing process, depending on the method by which you chose to pay. Therefore, certain terms and conditions of the Stripe Privacy Policy, PayPal Privacy Policy, or Amazon Pay Privacy Policy will apply to you and your personal information, and you give your consent to each by using the Service. Please read the Stripe Privacy Policy, PayPal Privacy Policy, and Amazon Pay Privacy Policy.

We may disclose your information, including your Personal Information, if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

We also reserve the right to disclose your information, including Personal Information, that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.

Information about our users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets. If we acquire another organization, we may share information about our users, including Personal Information, with that acquired organization in connection with providing our Service.

We may make certain aggregated, automatically-collected, or otherwise non-Personal Information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; and (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.

IV. Your Choices:

You may, of course, decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of our Service.

We may enable you to update, correct, or delete account information and preferences by accessing account preferences settings on the Websites or Blog. If you wish to access, amend or delete any other Personal Information we hold about you, you may contact our privacy officer at privacy@myactivejoy.com.  You may also contact our privacy officer, in writing, at:

Active Joy LLC
4736 Onondaga Blvd., PMB 107
Syracuse, New York 13219

Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

For the purposes of the General Data Protection Regulation of the European Union, our Privacy Officer is also our Data Protection Officer (DPO).

While we will work to resolve any issues that you may have related to the Service quickly and informally, we request that you make any formal complaint in writing to our Privacy Officer, by mail or email as set forth above. We will acknowledge such a formal complaint within 10 business days.

If you are in the European Union, you may lodge a complaint with your local Data Protection Authority (DPA). The list of DPAs can be found here.

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us by sending your request to us by email at privacy@myactivejoy.com. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Service. Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten (10) business days for us to process your request, and you may continue receiving promotional communications from us during that period. Additionally, even after you opt out from receiving commercial messages from us, you may continue to receive administrative messages from us regarding the Service.

Because no standard for implementing “Do Not Track” (“DNT”) has been developed, our Service does not specifically respond to DNT signals. You can enable or disable DNT through the preferences or settings of your web browser.

V. Third-Party Features & Links:

Our Service may contain features or links to websites and services provided by third parties.

Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service.

We are not responsible for the content or the privacy and security practices and policies of third-party sites or services to which links or access thereto are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

VI. Children’s Privacy:

Protecting the privacy of young children is especially important. Our Service is not directed to children under the age of 18 and we do not knowingly collect Personal Information from children under the age of 18 without obtaining parental consent.

If you are under 18 years of age, then please do not use or access the Service at any time or in any manner without a parent’s or guardian’s permission.

If we learn that Personal Information has been collected on the Service from persons under 18 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information.

• If you are a parent or guardian and discover that your child under 18 years of age has obtained an account on the Service, or otherwise provided Personal Information through the Service, please alert us at privacy@myactivejoy.com and request that we delete that child’s Personal Information from our systems.  You understand that the complete removal of all such information, anywhere it may be stored, may take considerable time, and mat not be possible under certain circumstances.  Thus, the deletion of such Personal Information, in response to such a request, is subject to the limits discussed in this Privacy Policy,

VII. Data Security:

We will retain your Personal Information for as long as your account on the Service is active, or as long as needed to provide you with our Services. We may also retain and use your Personal Information, and for a longer time, in order to comply with our legal obligations, resolve disputes, prevent abuse, enforce our Agreements, and for other purposes set forth in this Privacy Policy.

To protect your Personal Information, we take reasonable precautions and follow appropriate industry practices to protect against loss, misuse, unauthorized access, or alteration.

We cannot, however, ensure or warrant the security of any information you transmit or store through the Service, and you do so at your own risk. Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that your information will not be accessed, disclosed, altered, improperly used, or destroyed by a breach of any of our safeguards.

Your data is stored through Shopify, Squarespace, and other third parties’ data storage, databases and applications. To prevent unauthorized access and transmissions, promote data security, and encourage appropriate use of information, Shopify, Squarespace and other third party service providers utilize a variety of tools (e.g., encryption technologies, passwords, physical and electronic security, procedural safeguards) to assist in the protection of your information. However, “perfect security” does not exist on the Internet or through data transmissions, so we make no guarantees, and you agree to indemnify and hold harmless Active Joy against any claims based on allegedly inadequate security practices by such third parties. Unauthorized third parties may unlawfully intercept or access transmissions or private communications and you should not expect that the Personal Information you provide through the Service will remain private.

It is your responsibility to keep your account and Personal Information safe and secure by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account. 

If during a purchase process, you provide us with your credit card information, that Personal Information is encrypted by Stripe, PayPal and/or Amazon Pay using secure socket layer (“SSL”) encryption technology to safeguard the account registration process, sign-up and payment processing information. Other security safeguards employed by Stripe, PayPal and/or Amazon Pay include but are not limited to data encryption, firewalls, and physical access controls to building and files.

VIII. International Visitors:

Our Service, through Shopify and/or Squarespace, is hosted in the United States and/or Canada and data collected is transferred and stored on servers located in the United States and/or worldwide. Shopify and Squarespace remain responsible for Personal Information that is transferred to a third party abroad for processing or to support the Shopify or Squarespace platforms. Any Personal Information transferred to a third party for data processing is subject, by law, to a comparable level of protection as that provided by Shopify and Squarespace. A “comparable level of protection” means a level of protection generally equivalent to that provided by Shopify and Squarespace.

By providing any information, including Personal Information, to Active Joy in connection with the Service, you affirmatively consent to such transfer, storage, and processing in the United States or worldwide. If you do not consent to this transfer, you may not use the Service.

U.S. – Swiss and U.S. – E.U. Safe Harbor Frameworks. Shopify and Squarespace comply with the U.S. – Swiss Safe Harbor and/or U.S. – E.U. Safe Harbor Frameworks as set forth by Article 46 of the GDPR and the U.S. Department of Commerce regarding the collection, use, and retention of personal data from the European Union and Switzerland. Shopify and Squarespace have certified that they adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Shopify’s and Squarespace’s certifications, please click here, and here.

EU – U.S. Privacy Shield (“Privacy Shield”). Shopify and Squarespace each participate in and have certified their compliance with the EU—U.S. and Swiss—U.S. Privacy Shield Frameworks. Shopify and Squarespace are committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Frameworks, to the Frameworks’ applicable principles. To learn more about the Privacy Shield Frameworks and participation, visit the U.S. Department of Commerce’s Privacy Shield Information Website and their Privacy Shield List.

IX. Changes And Updates To This Policy:

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which we may update from time to time.

If we modify this Privacy Policy, we will make it available through the Service and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after such a revised version of this Privacy Policy has become effective will indicate that you have read, understood and agreed to that revised version.

X. Questions And Contact Information:

As also set forth above, you may contact our privacy officer at info@myactivejoy.com to request changes to your data, to delete your Personal Information, and/or take other actions.  You may also write with any privacy-related questions or concerns at that e-mail address, or by regular mail, at:

Active Joy LLC
4736 Onondaga Blvd., PMB 107
Syracuse, New York 13219