AiT Admin User Terms & Conditions & Privacy Policy (UPDATED 02/03/2021)
Outline
Active in Time Limited (“AiT") provides a web based programming service for leisure operators (the “Service”).
By “clicking” the 'Accept' button on the Operator Sign Up Form for the Service you are deemed to have accepted the Service Terms and Conditions, as may be updated from time to time, and to have entered into an agreement with AiT on such terms.
Active In Time Limited ("We" or “Us”) are committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Active in Time Limited, registered address: Flat 21, Rollit House, Hornsey Road, London, England, N7 7BT
PRIVACY POLICY
Information We May Collect From You
We may collect and process the following data about you:
• Information that you provide by filling in forms in the AiT SYSTEM. In particular, the AiT SYSTEM collects and holds the following information:
Personal Information
unique identifiers such as user username, first name, surname, encrypted password, and email address.
usage activity about how you interact with the AiT system, how many times you signed in and last login date/time.
Non-Personal Information
Information about your computer/mobile device IP address
This information is used to:
send product updates
respond to customer service requests
send you a newsletter
improve our AiT system and marketing efforts
WHAT DO WE DO WITH THE INFORMATION?
Providing additional personal information is up to you. We collect personal information to e-mail you with updates, news about the AiT SYSTEM and to respond to your questions or comments.
We (and those people or companies employed by Us who help make our AiT SYSTEM, its content and its services) will process and use your personal information in order to respond to your feedback – like responding to problems, identifying product reviews, improving our services and gearing what we do to suit our requirements further.
Beyond this we will not share your information with any other company without your consent unless we are required to do so by law. We will never sell your information to any other company.
IP ADDRESSES
We may collect information about your Device, including where available your IP address for system administration and security. This data does not identify any individual.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to Our Sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
To ensure that content from the AiT SYSTEM is presented in the most effective manner for you.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To notify you about changes to our service.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If Active in Time Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of Active In Time Limited, our customers, or others. This includes exchanging information with fraud prevention agencies and other companies and organisations for the purposes of fraud protection, credit risk reduction, fraud prevention, fraud screening and age and identity verification.
YOUR RIGHTS
You provide your express consent to the collection, use and disclosure of personal information in accordance with this Privacy Policy when you voluntarily provide the requested information. You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting at info@activeintime.com or by writing to us at Active In Time Limited, Flat 21, Rollit House, Hornsey Road, London, England, N7 7BT.
HOW TO UNSUBSCRIBE
Our policy is to allow users to unsubscribe from our regular emails at any time. You can do this by clicking on the Unsubscribe link at the bottom of the email you’ve received.
If you have asked us to stop sending emails and this hasn’t happened it may be because the email address to which we are sending then is not the same as the address you sent your request from. Please check the address we are using and include this information in your request. The easiest way to do this is to return to us the whole of the unwanted email. The address we are sending to is included within the message.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Depending on the complexity of your request, an access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.
CHANGES TO OUR PRIVACY POLICY
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
CONTACT
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@activeintime.com
TERMS & CONDITIONS
Definitions
AiT API SERVICE: the paid for API service provided by AiT, documented here - http://api.activeintime.com/v1/api_documentation - to facilitate display of AiT CONTENT on YOUR WEBSITE.
AiT APPS: Currently GymJam and SwimIO on iOS for iPhone, iPod Touch or iPad.
AiT CONTENT: the AiT database including core facility data and YOUR DATA input by you.
AiT EMBEDDED TIMETABLES: the free service provided by AiT to facilitate the display of AiT CONTENT on YOUR WEBSITE via AiT iFrame HTML code.
AiT SYSTEM: the AiT admin system available via login at http://activeintime.com/en-gb/manage
PERSONAL DATA: means information on living individuals as further interpreted by the Data Protection Act.
PUBLISHED TIMETABLES: means any timetables maintained in AiT which are published and displayed either on YOUR WEBSITE, YOUR OTHER DIGITAL PUBLICATIONS INCLUDING APPS and/or within our AiT APPS or IN PRINT for your use within centres or for distribution directly to customers.
YOUR DATA: the data you have inserted into the Service.
YOUR WEBSITE: the primary consumer facing website of your organisation.
Schedule
1. Your licence to use the Service
You are hereby granted a non-transferable, worldwide licence to:
use the Service to input and manage your own programming data
display the AiT CONTENT in the AiT Embedded Timetable upon YOUR WEBSITE or IN PRINT or YOUR OTHER DIGITAL PUBLICATIONS INCLUDING APPS
[please let us know by email if you wish to add any other URLs or platforms]
display the paid for AiT CONTENT in the AiT API SERVICE upon YOUR WEBSITE or IN PRINT or YOUR OTHER DIGITAL PUBLICATIONS INCLUDING APPS
2. Our licence to use YOUR DATA
You hereby grant to AiT a non-transferable, worldwide licence to:
incorporate YOUR DATA into the AiT CONTENT
adapt, modify YOUR DATA as required to run the Service
use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly display and make derivative works of all of YOUR DATA, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
AiT warrants that YOUR DATA will not be provided to third parties involved in promoting tobacco, gambling, pornography, alcohol.
3. Accuracy of Timetables
3.1 You hereby agree that any PUBLISHED TIMETABLES which are displayed either on YOUR WEBSITE via API or iFrame and/or displayed in our AiT APPS will be kept up to date in line with the actual activities taking place within your venues at all times.
3.2 Failure to maintain PUBLISHED TIMETABLES will result in a written warning from AiT administrators. A second violation at AiT’s discretion may result in immediate termination of your use of the service.
4. Intellectual Property Rights
All rights in and to the AiT CONTENT, the Service and the Embedded Timetable shall remain the property of AiT.
5. Warranties & Liabilities
5.1 The Embedded Timetable and AiT CONTENT is made available on an "as is" and "as available" basis and you use the Embedded Timetable and access the AiT CONTENT at your own discretion and risk.
5.2 AiT has taken reasonable care to ensure that the Embedded Timetable and AiT CONTENT contain no inaccuracies, errors, viruses or defects however AiT does not warrant that this is the case.
5.3 To the extent permitted by law, AiT gives no warranty of any kind (implied, statutory or otherwise) in relation to the Embedded Timetable, AiT CONTENT or the AiT website and, to the extent permitted at law, AiT shall not be liable for any loss or damage arising from or connected to the Embedded Timetable or AiT CONTENT, except in relation to death or personal injury caused by AiT’s negligence in which case AiT’s liability shall be unlimited.
5.4 You warrant that you have the right to enter into this Agreement and that you will comply with its terms and conditions. You warrant that the terms of use of Your Site shall bind the users of Your Site to comply with terms including restrictions of equivalent or greater effect to those set out in this Agreement.
5.5 You undertake that you will at our request do all such further things and execute all such further documents as we may reasonably require for the purpose of confirming our rights pursuant to this Agreement and/or giving effect to the provisions of this Agreement.
5.6 You shall indemnify us and hold us harmless against any and all liabilities, claims, loss, damages and costs (including, without limitation, legal fees) arising due to your breach of any of the terms of this Agreement.
6. Termination
AiT reserves the right, at its sole discretion, to restrict, suspend or terminate your use of the Service, the Embedded Timetable and/or the AiT CONTENT if you do not abide by the terms of this Agreement. On termination you are required to destroy or remove all AiT CONTENT from Your Site, all databases, hard drives, networks and other storage media forthwith. YOUR DATA will be available in an electronic format, to export from the AiT software for a period of six weeks from the date of termination. On termination, on request AiT will delete from the system all operator programming data, timetabling, sessions, admin accounts. Core facility data will not be removed from AiT.
7. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with English law and the High Court of Justice in London shall have the exclusive jurisdiction to resolve any dispute or difference arising out of or in relation to this Agreement.
8. Miscellaneous
8.1 AiT reserves the right to update or modify these terms and conditions from time to time. Please ensure that you review them at http://info.activeintime.com/ait-terms-conditions/ at regular intervals as you will be deemed to have accepted any modifications if you use the Service after such changes have been posted. AiT will endeavour to notify you of any major changes when you sign it.
8.2 This Agreement represents the entire agreement between AiT and you in relation to its subject matter and supersedes any previous agreements or representations.
8.3 Nothing in this Agreement will be deemed to create a partnership or joint venture between AiT and you . Neither AiT nor you shall have the authority to bind the other or to contract in the name of or create a liability against the other in any way for any purpose.
8.4 No failure or delay by AiT or you in exercising rights under this Agreement will operate as a waiver of that right nor will any single or partial exercise by AiT or you of any right preclude any further exercise of any other right.
8.5 If any provision of this Agreement is found to be illegal, void or unenforceable by any court of competent jurisdiction, such invalidity shall not affect the validity of the remaining terms of this Agreement.
8.6 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.