Privacy Policy

Note: As of the current date, the "American Privacy Rights Act of 2024" (APRA) is proposed legislation and has not been enacted into law. This statement is drafted based on the publicly available drafts of the bill. If and when APRA is passed into law, the requirements may change, and this policy should be updated accordingly.

1. Introduction

This privacy policy explains how Activem LLC collects, uses, and protects your personal data when you use our website, www.activemtech. We are committed to protecting your privacy and complying with all applicable data protection laws, including the General Data Protection Regulation (GDPR) (EU) 2016/679 and, where applicable, the American Privacy Rights Act of 2024 (APRA).

2. Data Controller / Covered Entity

We act as both the "Data Controller" under GDPR and a "Covered Entity" under APRA. The entity responsible for your personal data is:

Activem LLC
17772 Irvine Blvd, Tustin, California CA 92780, USA
Email: support@activem.tech

3. Personal Data We Collect

We may collect and process the following types of personal data about you. We adhere to the principle of data minimization and will only collect data that is necessary, proportionate, and limited to providing or maintaining a product or service you have requested.

Identity Data: Name, username, or similar identifiers.
Contact Data: Billing address, delivery address, email address, and telephone numbers.
Financial Data: Bank account and payment card details. Note: We use secure payment processors, and we do not store your full payment card details.
Transaction Data: Details about payments to and from you and other details of products or services you have purchased from us.
Technical Data: Internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Site.
Profile Data: Your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
Usage Data: Information about how you use our website, products, and services.
Marketing and Communications Data: Your preferences in receiving marketing from us and our third parties and your communication preferences.
Sensitive Covered Data (as defined by APRA): We will not collect or process sensitive covered data (e.g., biometric information, genetic information, precise geolocation, private communications) without your affirmative express consent, unless otherwise permitted by law.

4. How We Collect Your Personal Data

We use different methods to collect data from and about you, including:

Direct interactions

You may give us your Identity, Contact, and Financial Data by filling in forms or by corresponding with us by post, phone, email, or otherwise. This includes personal data you provide when you:

Apply for our products or services;
Create an account on our Site;
Subscribe to our service or publications;
Request marketing to be sent to you;
Enter a competition, promotion, or survey;
Give us feedback.

Automated technologies or interactions

As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. Please see our Cookie Policy for more details.

Third parties or publicly available sources

We may receive personal data about you from various third parties and public sources, such as:

Analytics providers (e.g., Google Analytics).
Advertising networks.
Search information providers.
Contact, Financial, and Transaction Data from providers of technical, payment, and delivery services.

5. The Legal Basis for Processing Your Personal Data

We will only use your personal data when the law allows us to. This is done on one of the following legal bases:

Performance of a contract: Where we need to perform the contract we are about to enter into or have entered into with you.
Legitimate interests: Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Legal or regulatory obligation: Where we need to comply with a legal or regulatory obligation.
Consent: Where you have given your explicit and informed consent to the processing. You have the right to withdraw consent at any time by contacting us.

6. Purposes for Which We Will Use Your Personal Data

We will only use your personal data for the purposes for which we collected it. The following table details the specific purposes and the legal basis for processing:

Privacy/Activity	Type of data	Legal basis for processing
To send you targeted advertising	(a) Identity, (b) Contact	Performance of a contract with you
To make suggestions and recommendations to you about goods or services that may be of interest to you	(a) Identity, (b) Contact, (c) Financial, (d) Transaction	(a) Performance of a contract with you; (b) Necessary for our legitimate interests (to recover debts due to us)
To use data analytics to improve our website, products/services, marketing, customer relationships, and experiences	(a) Identity, (b) Contact, (c) Profile, (d) Marketing and Communications	(a) Performance of a contract with you; (b) Necessary to comply with a legal obligation; (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data)	(a) Identity, (b) Contact, (c) Technical	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud); (b) Necessary to comply with a legal obligation
To manage our relationship with you, including notifications about changes to our terms or privacy policy, and asking you to take a survey	(a) Technical, (b) Usage	Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To process and deliver your order, manage payments, and collect and recover money owed to us	(a) Identity, (b) Contact, (c) Technical, (d) Usage, (e) Profile	Necessary for our legitimate interests (to develop our products/services and grow our business) and/or with your explicit consent
To register you as a new customer	(a) Technical, (b) Usage, (c) Profile	Necessary for our legitimate interests (to develop our products/services and grow our business) and/or with your explicit consent. You have the right to opt-out.

7. Disclosures and Transfers of Your Personal Data

We may have to share or transfer your personal data with the parties set out below for the purposes described in section 6.

Internal Third Parties

Other companies in our group of companies.

External Third Parties

Service providers acting as processors who provide IT and system administration services.
Professional advisers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services.
Payment processors (e.g., Stripe, PayPal) to process secure payments.
Regulatory authorities (e.g., the FTC and national data protection authorities) who require reporting of processing activities in certain circumstances.
Data Brokers: If we transfer your data to a data broker, we will disclose the name of the data broker in this policy and provide a means for you to exercise your rights with them.
Third parties to whom we may sell, transfer, or merge parts of our business or our assets.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

8. International Transfers

Some of our external third parties may be based outside the European Economic Area (EEA), so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission (e.g., countries under the EU-US Data Privacy Framework).
We may use specific contracts approved by the European Commission, which give personal data the same protection it has in Europe.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

9. Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. We also limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know.

We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

10. Data Retention

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

11. Your Legal Rights

Under GDPR and APRA, you have certain rights in relation to your personal data. These include the right to:

Access: Request access to your personal data.
Correction: Request correction of inaccurate personal data we hold about you.
Erasure / Deletion: Request the deletion of your personal data.
Data Portability / Export: Request the transfer or export of your personal data to you or a third party in a portable format.
Object to processing: Object to the processing of your personal data for direct marketing purposes or where the processing is based on our legitimate interests.
Opt-out of Targeted Advertising and Data Transfers: You have the right to opt-out of your non-sensitive covered data being used for targeted advertising or being transferred to a third party. We will provide a clear and conspicuous mechanism for you to exercise this right.
Withdraw consent: Withdraw your consent at any time where we are relying on consent to process your personal data.

To exercise any of these rights, please contact us at support@activem.tech.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to prevent unauthorized disclosure of your personal data.

We will respond to your requests within a reasonable timeframe, typically within one month. If your request is complex or you have made multiple requests, it may take longer, in which case we will notify you and keep you updated.

12. Your Right to Lodge a Complaint

You have the right to make a complaint at any time to the relevant supervisory authority for data protection issues. In the EU, this is the Information Commissioner's Office (ICO) or another relevant supervisory authority. In the US, this may be the Federal Trade Commission (FTC) or your State's Attorney General. We would, however, appreciate the chance to deal with your concerns before you approach the relevant authority, so please contact us in the first instance.

13. Changes to the Privacy Policy

We keep our privacy policy under regular review. When we make a material change to our policy, we will provide you with advance notice and a means to opt-out of the processing or transfer of previously collected data. This version was last updated on August 2025.