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Privacy Policy

 

Website Terms of Use

www.activecapitalltd.com (the “Website”) is owned and operated by Active Capital Ltd.  In these Terms of Use, references to “we”, “us” or “our” means Active Capital Ltd. References to “you” and “your” are to users of our Website.

Acceptance of Terms

Please read these Terms of Use carefully before you start to use our Website. By using our Website, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree, please do not use our Website.

Our Website may contain links to other websites at different web addresses which are owned and operated by third parties that are not part of Active Capital Ltd. These Terms of Use do not cover these websites. If you access these websites using the links provided, the operators of those websites may collect and use personal information from you in accordance with their privacy policies, which will differ from ours.

These Terms of Use must be read together with any other legal notices or terms and conditions available on other pages of our Website including our Privacy Policy.

Limitation of Liability

Except as otherwise required by applicable law, we do not accept any responsibility and shall not be liable for any loss or damage whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

  • use of or reliance on any information, opinions, content and/or material held on this Website or made available in connection with this Website; or
  • interruption or delay in access, use of, or inability to use or access, this Website,

including but not limited to: loss of profits, sales, business, or revenue; loss of data; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; wasted management time; or any indirect or consequential loss or damage.

To the fullest extent permitted by applicable law, we exclude all conditions, warranties and representations in relation to this Website, whether express or implied.

Except as otherwise required by applicable law, we will not be liable for any loss or damage caused to your information technology, devices, computer programmes, platform, data or other proprietary material arising in connection with your use of this Website.

Username and Password

If you are provided with a username, password or any other piece of information in relation to your use of this Website, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any username and/or password, whether chosen by you or allocated by us, at any time or otherwise in our complete discretion.

Your use of our website

You must not use our Website:

  • in any way that breaches any law, rule, decision, judgment or regulation, or that has any unlawful or immoral purpose or effect;
  • to transmit, or procure the sending of any unsolicited or unauthorised advertising, promotional material or similar communications;
  • to send, knowingly receive, upload, download, publish, post, distribute, disseminate, transmit, use or re-use any material or information which is inaccurate, illegal, defamatory, libellous, obscene, offensive, abusive, hurtful, hateful, threatening, inflammatory, harmful, infringing, pornographic, discriminatory, indecent, unsolicited, unauthorised, unlawful, objectionable or which may expose you or us to legal action or reputational damage; or
  • to threaten, harass, stalk, abuse, disrupt others, or otherwise violate the rights of others.

You also agree not to:

  • reproduce, duplicate, copy or sell any part of our Website, and its content, except as permitted by these Terms of Use;
  • advertise or sell any goods or services to other users of this Website or to benefit commercially from its content; or
  • access without authority, interfere with, damage or disrupt, any part of our Website; any equipment or network on which our Website is stored; any software used in the provision of our Website; or any equipment, network or software owned or used by any third party.

If you use a feature of this Website that allows you to upload or post material, or to make contact with other users of this Website, you must ensure that all such contributions are compliant with applicable law and that they do not breach any intellectual property, privacy or confidentiality rights of a third party, or any legal or contractual duty owed to a third party.

We have the right to remove any post you make on our Website if, in our opinion, that post does not comply with these Terms of Use or otherwise within our complete discretion.

The views expressed by other users on our Website do not represent our views or values.

Any material that you upload to our Website will be considered non-proprietary.

We will not be responsible, or liable to any third party, for the content or accuracy of any material posted by you or any other user of this Website.

When you are asked to provide information in connection with our Website, you agree to provide true, accurate, current and complete details.  It may not be possible to provide you with the relevant services or information you require if you do not provide the minimum mandatory information requested. 

Viruses and defects

We have taken appropriate steps to detect computer viruses but we cannot guarantee that our Website is free from malfunctions, defects, bugs and viruses; or that the Website will operate correctly and as expected, at any given time. We shall not be liable for any loss or damage which occurs as a result of any virus, including without limitation any distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other materials.

You are responsible for configuring your information technology, devices, computer programmes and platform in order to access our Website and for protecting these with your own anti-virus software, firewalls and any other technical measures. We give no warranties as to the compatibility of our Website with your information technology, computer programmes and platform.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware, and/or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, or which is otherwise malicious or technologically harmful.

Intellectual property rights

We are the owner of all intellectual property rights in this Website, material published on it and material made available through it. Those works are protected by copyright laws and other intellectual property rights. All such rights are reserved.

Subject to the limited exceptions set out below, neither this Website nor any part of it may be copied, reproduced, modified, publicly displayed, republished, distributed, extracted or reutilised in any form, without the prior written permission of us. Requests for permission should be sent to us via our Contact Us page.  

You may make copies, print or download material published on this Website or made available through it for your own personal use, provided that you name the author and specify the source where the copy was taken from and you do not modify the paper or digital copies of any material you have copied, printed or downloaded in any way.

You must not use any part of the material held on our Website or made available through it for commercial or business purposes without obtaining a licence to do so from us.

If you print, copy or download any part of the material held on this Website or made available through it in breach of these Terms of Use, your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Privacy and cookies

Our Privacy Policy explains how we collect and use your personal information and our Cookies Policy provides information about the cookies that we use.

Website linking

Links to this Website are not permitted without our prior and express written consent, which can be requested via our Contact Us page.

Termination of access rights

Active Capital Ltd. reserves the right, in its sole discretion, to terminate your access to all or part of this Website with or without notice.

Changes to this Website

We may update this Website from time to time, change the content at any time and we may suspend, withdraw, discontinue or change all or any part of this Website without notice. As such, there may be times when this Website is unavailable for use.

Changes of these Terms of Use

We may change our Terms of Use from time to time. When we change our Terms of Use, we will publish the updated terms on our Website.  Please check these Terms of Use regularly. Subject to applicable law, all changes will take effect as soon as we publish the updated Terms of Use, but where legally required to do so, we may take additional steps to inform you of any material changes to our Terms of Use and may request that you agree to these changes.

Should one or more provisions of these Terms of Use be or become invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions of these Terms of Use. In place of any provisions which are invalid or not incorporated in these Terms of Use the relevant statutory provisions shall apply. In all other cases, the parties shall agree a valid provision to replace the invalid or unenforceable provision which reflects as closely as possible the original purpose.

Waiver

Our rights under these Terms of Use may only be waived in writing.

Governing law

These Terms of Use are governed by the laws of the Cayman Islands and you agree to the exclusive jurisdiction of the courts of the Cayman Islands. To the extent the law permits, these Terms of Use prevail to the extent they are inconsistent with any law.

Contact us

If you have any questions about these Terms of Use, or if you would like to receive a hard-copy version of these Terms of Use, you can contact us at [email protected] 

 

Privacy Policy

Active Capital Ltd. is committed to being a responsible custodian of the information you provide to us and the information we collect in the course of operating our business.

This Privacy Policy describes how we may collect, use, and share or otherwise process your information, particularly in association with events, experiences, the operation of our main website www.activecapitalltd.com (the “Website”) and HTML-formatted emails that link to this Privacy Policy (collectively, our “Services”).

This Privacy Policy sets out how we may collect, use and share or otherwise process information and describes:

  • The types of information, including personal information, we may collect;
  • How we may use and share or otherwise process the information we collect;
  • The measures we have in place to protect and safely store the information we collect;
  • Legal grounds for using the personal information we collect;
  • Your choices and rights in respect of the information we hold;
  • Retention of the information we collect;
  • How to contact us;
  • Complaints; and
  • Changes to this Privacy Policy

The types of information, including personal information, we may collect

We may automatically collect certain information when you use, access, or interact with our Website. "Personal information" is any information that can be used to identify you or that we can link to you as an individual. “Sensitive personal information” is personal information which includes information such as racial/ethnic origins, political opinions, religious beliefs or medical data. We also collect your personal information and sensitive personal information when you provide it to us, which may include, but is not limited to:

  • Full name, date of birth, age, nationality, marital status, passport, driving licence or other photographic identity details;
  • Company, organisation and job title;
  • Contact information including physical address, postal address, email address and telephone number(s);
  • Demographic information such as postal code, preferences and interests;
  • Payment and/or bank information including credit or debit card details;
  • Images and/or expressions of personal opinion when you leave feedback, contact us, or approve its use;
  • Your work status and other required employment or immigration related data;
  • Details of your employment/education history, if applying for a scholarship or employment position with us; and
  • Your IP address and/or MAC address.

We may also collect information from other sources, such as social media platforms or applications that may share your device information/content and/or how you interact with our social media content.

Information you provide to us voluntarily

Generally, you can use our Services without providing us with any personal information.

We collect information that you voluntarily provide to us, including when you communicate with us via email or other channels; when you sign up for or request that we send you marketing materials; when you submit an application for a position with us; when you sign up for an event; and when you respond to our communications or requests for information. The information you provide may include your name, contact information, title, and information about the organisation with which you are affiliated. Some of our Services may require that you enter a password or other information in order to access certain features, and we collect such credentials when you enter them.

Information we may collect automatically through cookies and similar technologies  

We use browser cookies and similar technologies (collectively, “Cookies”) to collect and store certain information when you use, access, or interact with our Website. We may, for example, collect information about the type of device you use to access the Website, the operating system and version, your IP address, your general geographic location as indicated by your IP address, your browser type, the content you view and features you access on the Website, the web pages you view immediately before and after you access the Website, whether and how you interact with content available on the Website, and the search terms you enter on the Website. For information about how we use Cookies and the choices you may have, please see our Cookies Policy.

Please note that we do not currently respond to web browser “do not track” signals or other mechanisms that may allow you to opt out of the collection of information across networks of websites and online services as there is no standard for how online services should respond to such signals. As standards develop, we may develop policies for responding to do-not-track signals that we will describe in this Privacy Policy.

Information we may collect from third party sources

We may receive information about you from other sources, including third parties that help us: update, expand, and analyze our records; identify new customers; or prevent or detect fraud. We may also receive information about you from social media platforms, including but not limited to, when you interact with us on those platforms or access our social media content. Please note that the information we may receive is governed by the privacy settings, policies, and/or procedures of the applicable social media platform, and we encourage you to review them.

Precise location information

When you access the Website via a mobile device, we may collect precise location information if you permit the Website to access such information. We use this information to provide you with content based on your location.

How we use the information we collect

We may use the information we collect:

  • To provide you with the business services that you request from us;
  • To respond to your enquiries;
  • To operate and improve the Services;
  • With your consent, to market events and experiences, to send you marketing communications, and other information or materials that may be of interest to you or which you have expressed an interest in receiving;
  • To maintain our list of contacts;
  • To understand how people use our Services, including by generating and analysing statistics;
  • For other business purposes, including data analysis; submitting invoices; detecting, preventing, and responding to actual or potential fraud, illegal activities, or intellectual property infringement;
  • To assess the effectiveness of our events, promotional campaigns and publications;
  • To evaluate, recruit and hire personnel; 
  • As we believe reasonably necessary, or appropriate, to comply with our legal obligations;
  • To respond to legal process or requests for information issued by government authorities or other third parties; and
  • To protect your, our, or others’ rights.

How we may share the information we collect

We may share the information we collect with our affiliated businesses for business purposes such as internal administration, billing or providing you or your organisation with the services you have requested. We will only share your information with our affiliated businesses for their marketing purposes with your prior consent.

We do not sell, rent, or otherwise share information that reasonably identifies you or your organisation with unaffiliated entities for their independent use except as expressly described in this Privacy Policy or with your prior permission. We may share information that does not reasonably identify you or your organisation as permitted by applicable law.

We may also disclose information we collect:

  • To third-party service providers that perform services on our behalf, such as web-hosting companies, mailing vendors, analytics providers, event hosting services, and information technology providers;
  • Employees, agents or contracted third parties of Active Capital Ltd. may be given access to any information which we collect via our Services, but their use shall be limited to the performance of their duties and in line with the reason for processing. Our employees are required to keep that information confidential and are not permitted to use it for any purposes other than to enable you to use the Services or to deal with requests which you submit to us;
  • To law enforcement, other government authorities, or third parties (within or outside the jurisdiction in which you reside) as may be permitted or required by the laws of any jurisdiction that may apply to us; as provided for under contract; or as we deem reasonably necessary to provide our services. In these circumstances, we take reasonable efforts to notify you before we disclose information that may reasonably identify you or your organisation, unless prior notice is prohibited by applicable law, or is not possible or reasonable in the circumstances; and
  • To service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.

Grounds for using your personal information

We rely on the following legal grounds to process your personal information, namely:

  • Performance of a contract – We may need to collect and use your personal information to enter into a contract with you or to perform a contract that you have with us. For example, when you use our Services we will use your personal information to respond to your requests and provide you with the services you have requested;
  • Consent – We may use personal information as described in this Privacy Policy subject to your consent. To withdraw your consent you can contact us via email at [email protected], or you may be able to disable settings, such as, the sharing of location information in your browser or mobile application settings. Where required by applicable laws, we will rely on your consent for direct marketing and to collect information from your device or computer.
  • Legitimate interests – We may use your personal information for our legitimate interests to improve our products and services and the content on our Services. Consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable laws, we may use technical information as described in this Privacy Policy and use personal information for our marketing purposes.

Third-party services and content

Our Services may include integrated content or links to content provided by third parties (such as video materials). This Privacy Policy does not address the privacy, security, or other practices of the third parties that provide such content.

We engage third parties that support the operation of our Services, such as analytics providers. These third parties may use technologies to track your online activities over time and across different websites and online platforms. Please see our Cookies Policy for more information.

Protection and storage of the information we collect

The Services are controlled and operated by us. We may store the information we collect in the Cayman Islands or in other countries where we or our service providers have facilities. We may process the information we collect in jurisdictions where we or our service providers have facilities.

To ensure that your personal information does receive an adequate level of protection we have put in place standard data protection clauses with all affiliated entities of Active Capital Ltd. or service providers who we may share information with to ensure that your personal information is treated by those third parties in a way that is consistent with this policy. If you require further information about this protective measure, please contact us via email at [email protected]

In addition we deploy administrative, technical, and physical safeguards designed to comply with applicable legal requirements and safeguard the information that we collect. This includes, when required or appropriate and feasible, obtaining written assurances from third parties that may access your data that they will protect the data with safeguards designed to provide a level of protection equivalent to that adopted by us.

However, no information system can be 100% secure. So, we cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to us over networks that we do not control, including the Internet and wireless networks.

Your choices and rights

If you no longer wish to receive marketing communications from us, you can let us know by sending us an email via our Contact Us page. Where required by applicable laws we will rely on your consent for direct marketing and to collect information from you device or computer. Any electronic marketing communications we send you also contain opt-out mechanisms that allow you to opt-out from receiving those communications at any time. We will honour your choice and refrain from sending you such announcements. You may also opt back in to receive those communications at any time.

Subject to local law, you may have certain rights regarding information that we have collected and that is related to you. We encourage you to contact us to update or correct your information if it changes or if you believe that any information that we have collected about you is inaccurate or out of date. You can also ask us to see what personal information we hold about you, to erase your personal information and you may tell us if you object to our use of your personal information. In some jurisdictions, you may have a right to complain to your local data protection authority. If you would like to discuss or exercise the rights you may have, send us an email at [email protected]

Your ability to exercise these rights will depend on a number of factors and in some instances, we may not be able to comply with your request, for example because we have legitimate grounds for not doing so, or where the right doesn’t apply to the particular information we hold on you.

Contact Us

We welcome your enquiries and comments. If you would like to contact us with questions about our privacy or data protection practices, please email: [email protected] 

Complaints

We are committed to working with you to obtain a fair resolution of any complaint or concern about your privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to complain to the data protection authority/regulator, as applicable, in your jurisdiction.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time and we encourage you to periodically review this page. If we make any material changes in the way we collect, use, and/or share the personal information that you have provided, we will notify you by posting notice of the changes in a clear and conspicuous manner on the Website.

 

Cookies Policy

We use cookies and tracking technologies on our Website to enable us to analyse use of those services and to improve your experience when using those services. This policy describes how we use cookies and tracking technologies and provides information about how other entities may use such technologies in association with the operation of our Website.

Cookies and Tracking Technologies

Web Browser Cookies

A web browser cookie is a small text file that is sent by a website to your computer or mobile device where it is stored by your web browser. Web browser cookies may store information such as your IP address or other identifier, your browser type, and information about the content you view and interact with on the Website. By storing such information, web browser cookies can remember your preferences and settings for online services and analyse how you use online services.

Tracking Technologies: Web Beacons/Gifs, Pixels, Page Tags, Script

Emails and mobile applications may contain a small transparent image files or lines of code to record how you interact with them. This information is used to help website and application publishers better analyse and improve their services.

How we use cookies and tracking technologies

We use cookies, tracking and analytics technologies to remember your preferences and settings; to remember information that you may enter online; to keep you logged in to portals that we may offer; to generate aggregate statistics about how people use our Website; to help you share content with others; and to improve your experience of the Website.

Your choices: managing cookies and opting out

You can choose how web browser cookies are handled by your device via your browser settings, including refusing or deleting all cookies. Some devices allow you to control this via your device settings. If you choose not to receive cookies at any time, the website may not function properly and certain services will not be provided. Each browser and device is different, so check the settings menu of the browser or device you are using to learn how to change your advertising settings and cookie preferences. 

Contact us

If you have any questions or concerns about our use of cookies and other tracking technologies, please contact us via email at [email protected]