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MOBILE MESSAGING TERMS AND CONDITIONS

Last updated: Feburary 8th, 2024

 ActivePlayLLC (“ActivePlay “we”, or “us”) operates a mobile messaging program (the “Program”) subject to these Mobile Messaging Terms and Conditions (these “Mobile Messaging Terms”). The Program and our collection and use of your personal information is also subject to our Privacy Policy below. By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to these Mobile Messaging Terms and our Privacy Policy below. 

  1. Program Description: We may send promotional and transactional mobile messages in various formats through the Program. Promotional messages advertise and promote our products and services and may include promotions, specials, other marketing offers, cancellations and class reminders for independent contractors. Transactional messages relate to an existing or ongoing transactions and may include order notifications and updates, appointment reminders and other transaction related information. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary but will not exceed 3 messages per day. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for short message service and multimedia message alerts.

  2. User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at sarah@activeplayllc.com. Your participation in the Program is not required to make any purchase from us and your participation in the Program is completely voluntary.

  1. User Opt-Out and Support: You may opt-out of the Program at any time. If you wish to opt-out of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. If you want to join the Program again, just sign up as you did the first time, and we will start sending messages to you again. For support, reply HELP to any mobile message from us.

Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

  1. Disclaimer of Warranty and Liability: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program.

  2. Modifications: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications.

PRIVATE POLICY

Most Recent Update: February 8th, 2024

This Privacy Policy explains how ActiveplayLLC collects, uses and discloses personal information of its customers, prospective customers, and visitors to its website at www.activeplayllc.com

COLLECTION OF PERSONAL INFORMATION  

Information collected directly from you: Information collected directly from you: We may collect personal information directly from you, for example through a web form, during an online or in-person registration, while setting up an account with us, when you contract us for customer support or at checkout. Personal information we collect directly from you may include first and last name, address, email address, and phone number.

Information collected from your device: Our website may use tracking technologies such as cookies, web beacons, pixels, and other similar technologies to automatically collect certain information from your device, including for example you IP address, browser and operating system information, geographic location, referring website address, and other information about how you interact with the website. Our website may also use cookies to personalize your experience and enable certain features such as what pages you visit on the site. You may disable cookies in your web browser however parts of our website may not function properly. More information about blocking and deleting More information about blocking and deleting cookies is available at http://www.allaboutcookies.org. Our email campaigns may also use tracking technologies such as web beacons, pixels and other similar technologies to automatically collect certain information such as your IP address, browser type and version, and email engagement statistics.

USE OF PERSONAL INFORMATION

We use information collected directly from you to provide you with our products and services, customer service and support and other relevant information. We may also use this information to market our products and services to you, including by email and text message subject to your consent.

We use information collected automatically from your device to provide our website to you, to optimize our website, and to assist with out advertising and marketing efforts.

We may also use information collected from you and information collected from your device to send you abandoned cart reminders if you added items to your shopping cart but did not complete check out.

We use information collected from our advertising partners to market our products and services to you.

DISCLOSURE OF PERSONAL INFORMATION DRAFTING NOTE:

We may use third-party service providers to assist us with providing and marketing our products and services to you and we may share your information with such third parties for these limited purposes.

-       We use Constant Contact for our email marketing and text message communications. For more information about how we may use your information with constant contact and the information that may be collected through our marketing campaigns, see Constant Contact’s Customer Data Norice available at https://www.constantcontact.com/legal/customer-contact-data-notice.

We may also share your personal information if necessary to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

EMAIL AND TEXT MESSAGE COMMUNICATIONS

If you wish to unsubscribe from our email campaigns, please click on the Unsubscribe link at the bottom of any marketing email sent from us.

If you wish to stop receiving text messages from us, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us. For more information, see our Mobile Messaging Terms and Conditions available above.

[YOUR PRIVACY RIGHTS

You may have the right to request access to the personal information we hold about you, to port it to a new service, or to request that your personal information be corrected or deleted. To exercise any of these rights, please contact us at sarah@activeplayllc.com

CHANGES TO THE THIS PRIVACY POLICY

We may update this Privacy Policy at any time. Please review it frequently.

CONTACT INFORMATION

If you have any questions about this policy or our privacy practices, please contact us at sarah@activeplayll.com

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