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Acceptance of Terms
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:
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:
You also agree not to:
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.
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.
Privacy and cookies
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.
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.
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:
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
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:
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 may also disclose information we collect:
Grounds for using your personal information
We rely on the following legal grounds to process your personal information, namely:
Third-party services and 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.
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]
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.
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.
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.