Active Market Leads Privacy Policy and Terms of Use
Effective Date: January 1, 2024
This privacy policy applies to Active Market Leads (“Website”) operated by Active Market Leads LLC (“us”, “we”, or “our”). This page informs you (“Visitor” or “User”) of our policies regarding the collection, use, and retention of the information we receive when you use our Website.
Your Privacy
Active Market Leads follows all legal requirements to protect your privacy. We are committed to honoring the privacy of all our Visitors and Users. This privacy policy constitutes a binding and enforceable legal contract between Active Market Leads and you. Please read carefully.
Information We Collect
We collect two types of information regarding our Visitors and Users.
- “Non-Personal Information”
This is information that is not personally identifiable to you. It may include publicly available information or information we automatically collect when you access our Website through a web browser. - “Personally Identifiable Information”
This is non-public information that can identify you as an individual or may be of private or sensitive nature. Personal Identifiable Information may consist of your contact information, billing details, or any other information you provide us when using our services.
Generally, you control the amount and type of information you provide when using our Website. We only collect Personal Identifiable Information when you provide it to us. We collect this information when you fill out our contact form, or when you make a payment to us through Stripe. (For more information about our payment processing, see the Third Party Payment Processors section below.)
As a Visitor, you can browse our Website without needing to provide us with any Personally Identifiable Information.
Computer Collected Information
When you use our Website, certain computer information is automatically collected by the interaction of your mobile phone or web browser with our Website. This information is typically Non Personal Information. The two main ways to collect this information are through Cookies and third-party tracking tools.
- Cookies
A “Cookie” is a small piece of data stored by your web browser on your computer or mobile device. We never put Personally Identifiable Information in Cookies. Most web browsers can be set to disable the use of Cookies. However, if you do disable Cookies, you may not be able to access our Website correctly. - Third-Party Tracking Tools
Third Party Tracking Tools, such as Google Analytics, are designed to collect only Non-Personal Information about your use of our Website. You understand that such tools are created and managed by third parties and our outside our control. We are not responsible for what information is captured by such third parties or how those third parties use and store that information.
You can install the Google Analytics Opt-out Browser Add-on to prevent your data from being collected and used by Google Analytics.
How We Use Your Information
We use the information we receive directly from you or through computer collection as follows:
- Customizing Our Website
We may use the Personally Identifiable Information you provide us and any computer-collected information we receive to customize our Website. - Data Aggregation
We retain the right to collect and use Non-Personal Information through your use of our Website and computer collection such as Cookies and Google Analytics. We aggregate such data for internal analytics to help improve our Website and our services and for marketing and advertising purposes. At no time is your Personally Identifiable Information included in such data aggregation. - Ad Retargeting
We partner with third parties to display advertising or manage our advertising on other sites. These third parties use cookies and analytics to gather information about you to provide you with advertising based on your browsing activities and interests. If you would like to opt out of retargeted interest-based advertising, go to the Network Advertising Initiative Consumer Opt-Out page. Please note this is not an ad blocker. You will still receive generic ads. - Sharing Information with Third-Party Service Providers
We do not sell or provide your Personally Identifiable Information to third parties for marketing purposes. We may provide your Personally Identifiable Information to affiliates that perform functions on our behalf (i.e. payment processing); such affiliates will only receive and be authorized to use information necessary to perform such functions on our behalf. - Legal Requests
We may disclose or allow access to your Personally Identifiable Information pursuant to a legal request, including but not limited to, subpoenas, legal proceedings, search warrants, court orders, or in compliance with laws if we believe that law requires us to do so, with or without your notice.
Third-Party Payment Processors
We use third-party payment processors to securely assist in securely processing your Personally Identifiable payment information. Such third-party processors’ use of your personal information is governed by their respective privacy policies. Payments are currently processed and managed using Stripe. Their privacy policy can be accessed here: https://stripe.com/us/privacy.
Security
We store and protect all User information in secure databases protected by industry-standard access controls, including secure passwords, encryptions, and firewalls. However, no company can fully eliminate security risks associated with the transmission of Personally Identifiable Information through online transactions. You do so at your own risk.
Data Retention
We retain Personally Identifiable Information, except for payment and credit card information, for as long as is necessary to provide services to our Users. We may continue to retain such data even after complying with legal obligations, enforcing agreements, resolving disputes, or protecting our legitimate interests.
Email Communications
- Service-Related Communications
We will send you service-related emails that entail your project inquiry, your project, web hosting, or any maintenance and website updates. These communications are not promotional and will not have an opt-out option unless you terminate your relationship with us. - Promotional Emails
With your permission, we may send emails about new features or services. You may opt out of these communications at any time by clicking the link at the bottom of the email.
We will never sell, rent, or trade your email address to any unaffiliated third party without your permission.
Links to Other Websites
This Website contains links to other websites that are not owned or controlled by Active Market Leads. We are not responsible for the privacy practices of these outside websites. We encourage you to read the privacy policy of each website that collects your information.
This privacy policy only applies to information collected by this Website.
Children’s Online Privacy Protection Act
Our Website is directed to the general public. We do not knowingly collect any information from children under the age of 13. If we learn we have inadvertently collected personally identifiable Information from a child under the age of 13, we will delete such information.
Privacy Policy Updates
We reserve the right to modify this privacy policy at any time. If we make material changes to this policy, we may notify you on our Website, blog post, email, or any other method at our discretion. We will change the “Effective Date” at the top of this privacy policy. Any changes we make to our privacy policy replace any prior privacy policies.
We will not change our privacy policy in any way to make it less protective of User information collected in the past without the consent of the affected User.
Questions About Our Privacy Policy
If you have any questions or concerns regarding our privacy policy, contact us at support@activemarketleads.com
Terms of Use
1. Introduction
1.1 These Conditions are in effect at all times while you are using the Website. By using the Website, you agree to these Conditions. Please read them carefully.
1.2 We reserve the right to amend these Conditions at any time.
2. Our Website
2.1 While we take all reasonable care in the construction, operation, and content of the Website, we make no guarantee or warranty that:
2.1.1 the use of the Website will be uninterrupted or virus and error-free;
2.1.2 any information contained in the Website is complete, accurate, or up to date.
2.2 Where the Website contains information, opinions, or advice of or given by third parties, we do not endorse such information, opinions, or advice or give any guarantee or warranty as to the accuracy or reliability of such information, opinions, or advice.
2.3 You must take your own precautions to ensure that the process you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code, or other forms of interference that may damage your computer system. We are not responsible for any interference or damage to your computer system which arises in connection with your use of the Website or any other website linked to the Website.
2.4 We may ask other people to analyze traffic on the Website and they may use cookies to do so. Cookies are small text files that are transferred to a user’s hard drive by a website for the purpose of collecting information about a user’s identity, browser type, or website visiting patterns.
2.5 Access to the Website may be terminated at any time by us without notice.
3. Links to Other Websites
Any links to third-party websites located on the Website are provided for your convenience only. We have not reviewed each third-party website and have no responsibility for such third-party websites or their content. We do not endorse third-party websites or make representations about them or any material contained in them. If you choose to access a third-party website linked to the Website, you do so at your own risk.
4. Your Conduct
4.1 You must not post or send to or from the Website any information or other material:
4.1.1 that is inaccurate or misleading or deceptive in any material respect;
4.1.2 that contains images of another person without that person’s permission (or in the case of a minor, the minor’s parent or legal guardian);
4.1.3 for which a third party holds the Intellectual Property Rights where you have not obtained all necessary consents to copy, disclose, distribute, incorporate, or otherwise use the material for any purpose;
4.1.4 that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be a criminal offense, give rise to civil liability, or otherwise is contrary to the law in Colorado;
4.1.5 that is harmful in nature including computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data; or
4.1.6 that may be used in connection with spamming, phishing, trolling, or similar activities.
4.2 You must not use the Website for:
4.2.1 the advertising, promotion, or sale of goods or services or any other commercial activity;
4.2.2 any conduct that would be a criminal offense, give rise to civil liability, or otherwise be contrary to the law in Colorado, nor may you solicit any Other User for such purposes.
4.3 You must not through the Website or in any other manner, harass, annoy, intimidate, or threaten us or our employees or agents or any Other Users.
4.4 We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person contravening this clause.
5. Our Liability
5.1 Except to the extent permitted by the Colorado Consumer Law, this clause does not limit our liability in respect of any Consumer Guarantees.
5.2 Except where otherwise required by law (including the Colorado Consumer Law):
5.2.1 all guarantees, conditions, warranties, or other terms which may be implied by law or otherwise in connection with these Conditions or your use of the Website and the license in clause 7.3 are excluded;
5.2.2 we are not liable in tort for any loss or damage suffered by you or by any other person;
5.2.3 we do not accept responsibility for any Liabilities which you may incur in connection with these Conditions, your use of the Website or any linked website, or the license in clause 7.3, and you release us from any Claim relating to such Liabilities;
5.2.4 in no circumstances will we be responsible for any loss of profits or interruption to business or other indirect economic or other consequential loss suffered by you or any third party in connection with these Conditions, your use of the Website or the license in clause 7.3;
5.2.5 you indemnify us against all Liabilities which we may incur and release us from any Claim in connection with these Conditions, your use of the Website, and the license in clause 7.3.
6. Privacy
6.1 We are committed to protecting your privacy. We collect Personal Information to provide and market our services. We may disclose that information to our employees and to other persons where required in connection with the provision of our services. We may also disclose that information to our contractors, suppliers, auditors, and professional advisers who assist us in our business.
6.2 We may provide Personal Information to overseas recipients to the extent required to provide specific services to specific customers.
6.3 If you do not provide us with any Personal Information we may request from you, we may not be able to provide you with our services or otherwise assist you.
6.4 Our Privacy Policy contains information about how you may access or correct information we hold about you, how you can complain about a breach of privacy, and how we will deal with such complaints.
7. Intellectual Property
7.1 Except as expressly provided in this clause, you acquire no Intellectual Property Rights in using the Website.
7.2 Copyright and other Intellectual Property Rights in all material on the Website and underlying software codes and programs are held by us or licensed by us.
7.3 We grant you a non-exclusive, non-transferable, or royalty-free license to print and download material from the Website for your personal and non-commercial use, provided that you do not modify such material without our consent.
7.4 The license in clause 7.3 terminates automatically and without the requirement for notice in the event you breach any of your obligations under these Conditions.
7.5 Subject to the limited license in clause 7.3, other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and equivalent legislation which applies in your location, you may not, in any form or by any means:
7.5.1 download, print, display, perform, reverse engineer, modify, reproduce, transmit, disseminate or publish such material;
7.5.2 create derivative works from any part of such material; or
7.5.3 commercialize any information, products, or services obtained from any part of the material, without our consent or, in the case of third-party material, the consent of the owner of the copyright in that material.
7.6 With the exception of Personal Information, the use of which is covered under our Privacy Policy, any material you send or post to the Website or you otherwise provide to us will be considered non-proprietary and not confidential.
7.7 By posting or sending material to or from the Website or otherwise providing material to us, you:
7.7.1 warrant to us that such material does not infringe any Intellectual Property Rights of any person; and
7.7.2 grants us an irrevocable, perpetual non-exclusive royalty-free license to download, print, display, perform, reverse engineer, modify, adapt copy, reproduce, transmit, disseminate, and publish such material and to create derivative works from any part of such material for any purpose and to grant sublicenses of the same.
7.8 You must notify us as soon as practicably possible, in the event you believe that any material on the Website constitutes an infringement of any Intellectual Property Rights and provide us with details and supporting evidence as we may reasonably request.
8. Reservation of Rights
8.1 We reserve the right to remove or modify any material on the Website at any time.
8.2 We reserve the right to carry out our own investigations by various means for the purposes of verifying any information that you send or post to or from the Website and you consent to us carrying out such investigations. However, we make no warranties or representations about the conduct of such inquiries and will not be responsible to you for any information incorrectly verified.
9. Your Breach
9.1 You indemnify us against all Liabilities which we may incur in respect of your breach of these Conditions.
9.2 Any breach or threatened breach of these Conditions entitles us to apply for and obtain injunctive relief in any court of competent jurisdiction in addition to all other available remedies.
10. Contact Us
Please do not hesitate to send us any queries, comments, or requests for information you may have regarding these Conditions. Please click Contact Us.
11. General
11.1 Unless otherwise provided, we may in our discretion give (conditionally or unconditionally) or withhold any approval or consent under these Conditions.
11.2 You must not assign or otherwise deal with these Conditions or any right or obligation under these Conditions without our written consent.
11.3 These Conditions cover the entire agreement and understanding between you and us with respect to your use of the Website and supersede any prior agreement or understanding.
11.4 If there is any conflict between anything in these Conditions and anything else in the Website, these Conditions prevail.
11.5 A waiver of a provision of or right under these Conditions by us must be in writing signed by us and is effective only to the extent set out in the written waiver.
11.6 The failure, delay, relaxation, or indulgence in exercising a power or right under these Conditions is not a waiver of that power or right.
11.7 An exercise of a power or right under these Conditions does not preclude a further exercise of it or the exercise of another right or power.
11.8 Any indemnity or release in these Conditions survives termination of access to or closure of the Website. Any other provision in these Conditions intended to do so survives the suspension or termination of access to or closure of the Website.
11.9 The validity and interpretation of these Conditions are governed by the laws of Colorado. Any dispute in connection with these Conditions is subject to the exclusive jurisdiction of the courts of Colorado.
12. Definitions
In these Conditions, unless the context otherwise requires:
12.1 Colorado Consumer Law means the law as set out in the state of Colorado Consumer Law protections.
12.2 Claim means any claim, demand, action, or cause of action, whether in contract, tort, equity, or under the statute, and any loss, cost, expense, or Liability arising from or in connection with such claim, demand, action, or cause of action.
12.3 Conditions means these Terms and Conditions as amended from time to time.
12.4 Consumer Guarantees means the consumer guarantees under the Colorado Consumer Law.
12.5 Intellectual Property and Intellectual Property Rights includes property and rights in connection with copyright (including future copyright and rights in the nature of or analogous to copyright), know-how, trademark, service mark, design, inventions (including patents), semi-conductor or circuit layout rights, trade, business or company names, or other proprietary rights, or any rights to registration of such rights (including all renewals and extensions).
12.6 Liabilities means liabilities, losses, damages, actions, causes of action, arbitrations, claims, orders, judgments, outgoings, costs (including legal costs calculated on a solicitor and own client basis), and expenses, whether present or future, actual or contingent.
12.7 Other User means a third party using the Website.
12.8 Personal Information has the meaning set out in the Privacy Act.
12.9 Privacy Act means the Privacy Act 1988 (Cth).
12.10 Related Company means a related body corporate with the meaning of the Corporations Act 2001 (Cth).
12.11 Website means the website at www.activemarketleads.com. and includes all information tools and other material posted or accessible from that website.
12.12 We, our, and us refer to Active Market Leads. You, your, and yourself refers to any person viewing or using the Website, including any links from the Website, either wholly or in part, and includes a person who places an order for a service through the Website or who makes a payment in connection with the use of the Website.
13. Interpretation
In these Conditions, unless the context otherwise requires:
13.1 headings do not affect interpretation;
13.2 singular includes plural and plural includes singular;
13.3 words of one gender include any gender;
13.4 a reference to a party includes its employees, officers, contractors, executors, administrators, successors, and permitted agents and assigns;
13.5 a reference to a person includes a partnership, corporation, association, government body, and any other entity;
13.6 a reference to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it;1
3.7 a provision is not to be construed against us only because we prepared it;
13.8 an unenforceable provision or part of a provision may be severed, and the remainder of these Conditions continues in force unless this would materially change the intended effect of these Conditions;
13.9 the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’, or similar expressions.