ActivatePolicies & Patents

Privacy Policy

Last updated January 6, 2024

This privacy notice for the Activate group of companies as set out in Appendix “A” (“Activate,” “we,” “us,” or “our”), describes how and why we might collect, store, use, and/or share (“process”) your information when you use our services (“Services”, such as when you:

Visit our website at https://playactivate.com, or any website of ours that links to this privacy notice
Engage with us in other related ways, including any sales, marketing, or events

Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact the relevant company at the information outlined in Appendix “A”.

Summary of Key Points

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use. Read more about the personal information you disclose to us.

Do we process any sensitive personal information? We do not process sensitive personal information.

Do we receive any information from third parties? We may receive information from public databases, marketing partners, social media platforms, and other outside sources. Learn more about information collected from other sources.

How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we process your information.

In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. Learn more about when and with whom we share your personal information.

How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Learn more about how we keep your information safe.

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.

How do you exercise your rights? To exercise your rights, please contact the relevant company at the information outlines in Appendix “A”. We will consider and act upon any request in accordance with applicable data protection laws.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE PROCESS YOUR INFORMATION?

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

6. HOW LONG DO WE KEEP YOUR INFORMATION?

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

8. WHAT ARE YOUR PRIVACY RIGHTS?

9. CONTROLS FOR DO-NOT-TRACK FEATURES

10. DO UNITED STATES RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

11. DO WE MAKE UPDATES TO THIS NOTICE?

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

1. What Information Do We Collect?

Personal Information You Disclose to Us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

names
phone numbers
email addresses
mailing addresses (including your postal code or zip code)
billing addresses
debit/credit card numbers

Sensitive Information. We do not process sensitive information.

Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is stored by Square, Clover, and Stripe. You may find their privacy notice link(s) here:

Square: https://squareup.com/us/en/legal/general/privacy

Clover: https://www.clover.com/privacy-policy

Stripe: https://stripe.com/en-ca/privacy

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information Automatically Collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called “crash dumps”), and hardware settings).
Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

Information Collected From Other Sources

In Short: We may collect limited data from public databases, marketing partners, and other outside sources.

In order to enhance our ability to provide relevant marketing, offers, and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, and from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol (IP) addresses, social media profiles, social media URLs, and custom profiles, for purposes of targeted advertising and event promotion.

2. How Do We Process Your Information?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see “What Are Your Privacy Rights?” below.
To deliver targeted advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more.
To post testimonials. We post testimonials on our Services that may contain personal information.
To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention.
To administer prize draws and competitions. We may process your information to administer prize draws and competitions.
To evaluate and improve our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience.
To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them.
To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.
To comply with our legal obligations. We may process your information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.

3. What Legal Bases Do We Rely on to Process Your Information?

In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

If you are located in Canada, this section applies to you.

As used in this privacy notice (a) “PIPEDA” means the Personal Information Protection and Electronic Documents Act, SC 2000, c 5; (b) “Substantially Similar Legislation” means provincial privacy legislation deemed to be substantially similar to PIPEDA, which, to date, includes the Personal Information Protection Act, RSA 2003, c P-6.5 (Alberta), the Personal Information Protection Act, RSBC 2003, c 63 (British Columbia) and An Act respecting the protection of personal information in the private sector, CQLR c P-39.1 (Quebec) ; and (c) “Canadian Privacy Laws” means PIPEDA and/or Substantially Similar Legislation, in each case to the extent applicable.

To the extent that our Services are available to individuals located in Canada, or to the extent we process your personal information in the context of the activities of an establishment in Canada, this privacy notice sets out our practices and obligations under Canadian Privacy Laws, to the extent applicable.

We do not rent, sell or trade your personal information.

Accuracy and Completeness. We make every reasonable effort to ensure that personal information is accurate and complete. This may involve requesting further information or updates from you. We rely on you to notify us if there is a change to your personal information that may affect your relationship with us. We will correct or amend the personal information in our files where it can be shown that the information is incorrect or incomplete.

Privacy Incidents. The protection of personal information is of paramount concern to us, and we are prepared to take appropriate and timely steps in the event of any incidents involving personal information in accordance with Canadian Privacy Laws.

Location. We and our service providers may store and/or process personal information outside of Canada (including in the United States of America). When information is stored or processed outside of Canada, it may be subject to the laws of and be accessible by legal authorities in such other jurisdictions. We have taken appropriate technical, organizational, and legal steps to secure this information.

We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). Individuals provide their consent to the collection, use, and disclosure of personal information by Activate when they provide their information to us or use the Services. You can withdraw your consent at any time. However, if your consent is withdrawn, we may not be able to provide you with certain products or services.

In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
For investigations and fraud detection and prevention
For business transactions provided certain conditions are met
If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
For identifying injured, ill, or deceased persons and communicating with next of kin
If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province
If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
If the collection is solely for journalistic, artistic, or literary purposes
If the information is publicly available and is specified by applicable law

For further information about our privacy practices, to make a request for access to personal information, or to exercise any other rights outlined in this privacy notice, please contact the relevant company at the information outlined in Appendix “A”.

4. When and With Whom Do We Share Your Personal Information?

In Short: We may share information in specific situations described in this section and/or with the following third parties.

We may need to share your personal information in the following situations:

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.
Service Providers. In some cases, we may share personal information with third party service providers performing functions on Activate’s behalf, including, for example, vendors that provide information technology services, payment services or provide analytics or assessment services.

5. Do We Use Cookies And Other Tracking Technologies?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. “Cookies” are small text files placed on computers that can collect and store a variety of information. Permanent cookies are stored indefinitely on a user’s hard drive unless manually deleted, while temporary cookies are automatically deleted from the user’s browser upon logging out of a website. Web browsers typically allow users to disable permanent and/or temporary cookies. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

6. How Long Do We Keep Your Information?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. How Do We Keep Your Information Safe?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

Please note that our website contains links to other websites. We are not responsible for the privacy practices used or followed by other websites. You are encouraged to be aware of when you leave our website, and to read the privacy statements of each and every website you may visit that may collect personal information from you.

8. What Are Your Privacy Rights?

In Short: In some regions, such as Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; (iv) if applicable, to data portability; and (v) not to be subject to automated decision-making. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting the relevant company at the information outlined in Appendix “A”.

We will consider and act upon any request in accordance with applicable data protection laws. Typically, there is no cost for obtaining access to your information. However, we reserve the right to charge such costs on a case-by-case basis in accordance with applicable law. You will be notified in advance if charges apply. We reserve the right to require that any request for access to personal information be made in writing.

If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting the relevant company at the information outlined in Appendix “A”.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

CASL: We may use your personal information to inform you of current and/or new promotions or services or other developments that we believe will be of interest to you in accordance with applicable laws including Canada’s Anti-Spam Legislation. Such communications may be made by way of telephone, text message, direct messaging, e-mail or regular mail. You provide your consent to us contacting you in this manner when you use the Services.

Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting the relevant company at the information outlined in Appendix “A”. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Account Information: If you would at any time like to review or change the information in your account or terminate your account, you can contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

If you have questions or comments about your privacy rights, you may email us at [email protected].

9. Controls for Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

10. Do United States Residents Have Specific Privacy Rights?

In Short: If you are a resident of California, you are granted specific rights regarding access to your personal information.

California Residents. California Civil Code Section 1798.83, also known as the "Shine The Light" law permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

CCPA Privacy Notice. This section applies only to California residents. Under the California Consumer Privacy Act (CCPA), you have the rights listed below.

The California Code of Regulations defines a "residents" as:

every individual who is in the State of California for other than a temporary or transitory purpose and
every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as "non-residents."

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?We have collected the following categories of personal information in the past twelve (12) months:

Category | Examples | Collected

A. Identifiers | Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name | YES

B. Personal information as defined in the California Customer Records statute | Name, contact information, education, employment, employment history, and financial information | YES

C. Protected classification characteristics under state or federal law | Gender and date of birth | YES

D. Commercial information | Transaction information, purchase history, financial details, and payment information | YES

E. Biometric information | Fingerprints and voiceprints | NO

F. Internet or other similar network activity | Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements | YES

G. Geolocation data | Device location | YES

H. Audio, electronic, visual, thermal, olfactory, or similar information | Images and audio, video or call recordings created in connection with our business activities | YES

I. Professional or employment-related information | Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us | NO

J. Education Information | Student records and directory information | NO

K. Inferences drawn from collected personal information | Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics | YES

L. Sensitive personal Information | NO

We will use and retain the collected personal information as needed to provide the Services or for:

Category A - As long as the user has an account with us
Category B - As long as the user has an account with us
Category C - As long as the user has an account with us
Category D - As long as the user has an account with us
Category F - As long as the user has an account with us
Category G - As long as the user has an account with us
Category H - As long as the user has an account with us
Category K - As long as the user has an account with us

We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:

Receiving help through our customer support channels;
Participation in customer surveys or contests; and
Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

Learn about how we use your personal information in the section, "How Do We Process Your Information?"

You may contact the relevant company at the information outlined in Appendix “A”.

If you are using an authorized agent to exercise your right to opt out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf, following the same strict privacy protection obligations mandated by the CCPA.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.

We have not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. We will not sell or share personal information in the future belonging to website visitors, users, and other consumers.

Your rights with respect to your personal data

Right to request deletion of the data — Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

Right to be informed — Request to know
Depending on the circumstances, you have a right to know:

whether we collect and use your personal information;
the categories of personal information that we collect;
the purposes for which the collected personal information is used;
whether we sell or share personal information to third parties;
the categories of personal information that we sold, shared, or disclosed for a business purpose;
the categories of third parties to whom the personal information was sold, shared, or disclosed for a business purpose;
the business or commercial purpose for collecting, selling, or sharing personal information; and
the specific pieces of personal information we collected about you.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.

Right to Limit Use and Disclosure of Sensitive Personal Information
We do not process consumer's sensitive personal information.

Verification Process
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights:

You may object to the processing of your personal information.
You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.
You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
You may request to opt out from future selling or sharing of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission.

To exercise these rights, please contact the relevant company at the information outlined in Appendix "A". If you have a complaint about how we handle your data, we would like to hear from you.

11. Do We Make Updates To This Notice?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

12. How Can You Contact Us About This Notice?

If you have questions or comments about this notice, please contact the relevant company at the information outlined in Appendix “A”.

13. How Can You Review, Update, or Delete the Data We Collect From You?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please contact Activate Games Inc. and Activate America LLC at the information outlined in Appendix "A" below.

APPENDIX “A” – ACTIVATE GROUP OF COMPANIES

Name: Activate Games Inc.
Website: https://playactivate.com
Contact Information: [email protected] or by post to: Activate Games Inc.11-1099 Wilkes Avenue, Winnipeg, Manitoba R3P 2S2

Name: Activate America LLC
Website: https://playactivate.com
Contact Information: [email protected] or by post to: Activate America LLC, 166 Lee St, Lexington, KY 40508, United States

Cookie Policy

Last updated December 06, 2023

This Cookie Policy explains how __________ ("Company," "we," "us," and "our") uses cookies and similar technologies to recognize you when you visit our website at https://playactivate.com("Website"). It explains what these technologies are and why we use them, as well as your rights to control our use of them.

In some cases we may use cookies to collect personal information, or that becomes personal information if we combine it with other information.

What Are Cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information.

Cookies set by the website owner (in this case, __________) are called "first-party cookies." Cookies set by parties other than the website owner are called "third-party cookies." Third-party cookies enable third-party features or functionality to be provided on or through the website (e.g., advertising, interactive content, and analytics). The parties that set these third-party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.

Why Do We Use Cookies?

We use first- and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our Website to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Online Properties. Third parties serve cookies through our Website for advertising, analytics, and other purposes. This is described in more detail below.

How Can I Control Cookies?

You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by setting your preferences in the Cookie Consent Manager. The Cookie Consent Manager allows you to select which categories of cookies you accept or reject. Essential cookies cannot be rejected as they are strictly necessary to provide you with services.

The Cookie Consent Manager can be found in the notification banner and on our website. If you choose to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted. You may also set or amend your web browser controls to accept or refuse cookies.

The specific types of first- and third-party cookies served through our Website and the purposes they perform are described in the table below (please note that the specific cookies served may vary depending on the specific Online Properties you visit):

Performance and functionality cookies:

These cookies are used to enhance the performance and functionality of our Website but are non-essential to their use. However, without these cookies, certain functionality (like videos) may become unavailable.

Analytics and customization cookies:

These cookies collect information that is used either in aggregate form to help us understand how our Website is being used or how effective our marketing campaigns are, or to help us customize our Website for you.

Name: | #collect
Purpose: | Sends data such as visitor’s behavior and device to Google Analytics. It is able to keep track of the visitor across marketing channels and devices. It is a pixel tracker type cookie whose activity lasts within the browsing session.
Provider: | playactivate.com
Service: | Google Analytics View Service Privacy Policy
Country: | United States
Type: | pixel_tracker
Expires in: | session

Name: | _ga_#
Purpose: | Used to distinguish individual users by means of designation of a randomly generated number as client identifier, which allows calculation of visits and sessions
Provider: | .playactivate.com
Service: | Google analytics View Service Privacy Policy
Country: | United States
Type: | http_cookie
Expires in: | 1 year 11 months 29 days

Advertising cookies:

These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.

Name: | _uetsid
Purpose: | Collects data on visitor behaviour from multiple websites, in order to present more relevant advertisement - This also allows the website to limit the number of times that they are shown the same advertisement.
Provider: | .playactivate.com
Service: | Google Tag Manager View Service Privacy Policy
Country: | United States
Type: | http_cookie
Expires in: | 1 day

Name: | _uetsid
Purpose: | Collects data on visitor behaviour from multiple websites, in order to present more relevant advertisement - This also allows the website to limit the number of times that they are shown the same advertisement.
Provider: | playactivate.com
Service: | Google Tag Manager View Service Privacy Policy
Country: | United States
Type: | html_local_storage
Expires in: | persistent

Unclassified cookies:

These are cookies that have not yet been categorized. We are in the process of classifying these cookies with the help of their providers.

How Can I Control Cookies on My Browser?

As the means by which you can refuse cookies through your web browser controls vary from browser to browser, you should visit your browser's help menu for more information. The following is information about how to manage cookies on the most popular browsers:

In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit:

What About Other Tracking Technologies, Like Web Beacons?

Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called "tracking pixels" or "clear gifs"). These are tiny graphics files that contain a unique identifier that enables us to recognize when someone has visited our Website or opened an email including them. This allows us, for example, to monitor the traffic patterns of users from one page within a website to another, to deliver or communicate with cookies, to understand whether you have come to the website from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of email marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.

Do You Use Flash Cookies or Local Shared Objects?

Websites may also use so-called "Flash Cookies" (also known as Local Shared Objects or "LSOs") to, among other things, collect and store information about your use of our services, fraud prevention, and for other site operations.

If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tools contained in the Website Storage Settings Panel. You can also control Flash Cookies by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash Cookies (referred to "information" on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash Cookies that are not being delivered by the operator of the page you are on at the time).

Please note that setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content.

Do You Serve Targeted Advertising?

Third parties may serve cookies on your computer or mobile device to serve advertising through our Website. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. They can accomplish this by using cookies or web beacons to collect information about your visits to this and other sites in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details, or other details that directly identify you unless you choose to provide these.

How Often Will You Update This Cookie Policy?

We may update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal, or regulatory reasons. Please therefore revisit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.

The date at the top of this Cookie Policy indicates when it was last updated.

Where Can I Get Further Information?

If you have any questions about our use of cookies or other technologies, please contact us at:

Activate Game
PO Box 1627
Lexington, KY 40588

PATENTS & PATENTS PENDING

Immersive Gaming Facility: US Patents 11,161,050 & 11,452,944; CA Patent 3,064,047

Laser Game System: US Patent 11,534,679; CA Patent 3,068,860
Grid Floor Game System: US Patent 11,511,171; CA Patent 3,068,840, US Patent 11,986,713 and other US patents pending
Climb Wall Game System: CA Patent 3,068,847 and US Patent 11,844,995 and other US patents pending

ACTIVATE® Rewards Program Terms and Conditions

1. Introduction

Welcome to ACTIVATE ("we", "us", or "our"). These Terms and Conditions govern the ACTIVATE Rewards Program provided to players. By playing at a participating ACTIVATE location and redeeming rewards items, you agree to these Terms and Conditions.

2. Earning Coins

All players are eligible to earn Coins towards rewards items at an ACTIVATE Rewards Shop.

Coins are awarded based on performance while playing games at an ACTIVATE location. Coins are acquired though successful game completions. Successful game completions include wins of cooperative mode games and plays of competitive mode games. One Coin is awarded to each player upon each instance of either of these outcomes. Coins are saved on player profiles and can be redeemed towards rewards items in the Rewards Shop found in ACTIVATE facilities. Coins are linked solely to the player’s profile and cannot be transferred to another player. Coins have no monetary value and cannot be purchased or sold.

3. Accuracy

Coins earned will appear on the player’s profile during their gaming session or shortly after their gaming session has ended. In rare events, there may a delay on the accrual of Coins that will not be displayed on player profiles immediately, but rest assured they will appear in due course. ACTIVATE will make every effort to ensure Coins on player profiles is accurate and up to date.

Should it be determined in ACTIVATE’s sole discretion that Coins were earned with malintent, or though immoral or unintended means, ACTIVATE reserves the right to make adjustments to player’s Coins quantities at their discretion and without notice up and to including termination of the player profile for continued bad faith redemption practices.

4. Expiry

Coins do not expire from an active player account unless the Rewards Program is discontinued. An active player account means an account where a player has earned or redeemed Coins at least once within the last 24 months. If a player account is dormant for a period of 24 months and does not action any earning or redemption of Coins, any Coins will be removed from the account permanently.

5. Redemption

Coins may only be redeemed for items in ACTIVATE locations’ Rewards Shop during or following a gaming session. The redemption process requires the scanning of the player’s wristband in order to verify their Coins bank and use of a wall-mounted screen to select rewards items. This screen will display available rewards and their associated Coin cost. Some items may occasionally be sold out, and the availability of items fluctuates. ACTIVATE reserves the right to add or remove available items and their corresponding prices at their discretion, at any time, without notice.

Players may experience a delay in adjustments to their player profile upon redemption of rewards items. These adjustments can take up to three (3) business days to be reflected on player profiles.

Redemption of items is reversible up to the point that players receive the item and leave ACTIVATE with their merchandise. Players who select items in the score checker but do not claim them at the front desk will not see a permanent reduction in Coins on their account. Once an item has been claimed from the front desk, it cannot be returned, and Coins cannot be replaced. Players should ensure they are redeeming their Coins for items they want.

When players select items on the score checker, a hold is placed on the corresponding number of Coins. These Coins become inaccessible except to redeem for the selected item. This is in effect until the facility reopens the following business day, or until the player requests for the hold to be removed to the staff at the front desk. As such, players should avoid making erroneous selections in the score checker until they are certain they want to make a purchase. An item selected in the score checker reserves those Coins for that item and they cannot be released for use on a different item until the hold expires after the facility is shut down for the night, or until the player requests the hold be reversed with the front desk staff.

6. Verification

Theft prevention is very important to ACTIVATE. Coins are stored on player profiles. It is of utmost importance that only the person who created and/or owns the player profile is the only person redeeming Coins from that profile. As such, player profiles with more than 999 Coins will have to undergo a verification process through the email address or phone number on the profile. Player profiles above 999 Coins will remain locked until they are verified. This cannot be reversed, undone, or worked around. It is the player’s responsibility to ensure they have access to their emails or phones for the purpose of verification. ACTIVATE will in no way be responsible or guarantee replacement of Coins redeemed in contravention of these Terms and Conditions.

7. Termination
The Rewards Program will continue to be offered until ACTIVATE determines otherwise. ACTIVATE reserves the right to terminate the Rewards Program, without prior notice, for any reason. In the event that ACTIVATE terminates the Rewards Program, ACTIVATE will notify players of this change and any ways to redeem existing Coins should it be permitted.

8. Disclaimer of Liability

ACTIVATE shall not be held liable for any injuries, damages, or losses incurred by players while using the facilities or participating in activities. Players are responsible for their own safety and well-being while on the facilities.

9. Changes to Terms and Conditions

ACTIVATE reserves the right to amend or update these Terms and Conditions at any time. Players will be notified of any changes via email or through notification on our website. Continued use of the Rewards Program after such changes constitutes acceptance of the updated Terms and Conditions.

9. Privacy Policy

ACTIVATE is committed to protecting the privacy of its players. Our Privacy Policy outlines how we collect, use, and protect player data. By playing at ACTIVATE, you agree to the terms of our Privacy Policy.

10. Severability Clause

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the province in which the ACTIVATE facility to which I am attending at the material time is located and the laws of Canada applicable therein.

12. Contact Us

For any inquiries or concerns regarding these Terms and Conditions please contact customer care at [email protected]