Active Perks

Effective Date: May 1, 2026

Advanta Health Solutions, Inc. (“Company,” “we,” “us,” “our”) operates ActiveFit+®, including ActivePerks™ and related websites, applications, browser extensions, mobile applications, and services (collectively, the “Services”). This document combines the Terms of Use, Membership Terms and Conditions, and Privacy Policy that govern your access to and use of the Services. By accessing or using the Services, you agree to be bound by these terms. If you do not agree, do not use the Services.

Contents

1. TERMS OF USE

These Terms of Use (“Terms”) govern your access to and use of the websites, mobile applications, browser extensions, services, and platforms operated by Advanta Health Solutions, including ActivePerks™ and related services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1.1 Eligibility

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you meet this requirement.

1.2 Account Registration

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activity occurring under your account
  • Providing accurate and current information

We reserve the right to suspend or terminate accounts at our discretion.

1.3 Rewards and Payment Terms

If applicable to your participation:

  • Rewards are subject to eligibility verification
  • We may withhold payments for fraud prevention
  • We may reverse transactions associated with returns, chargebacks, or invalid activity
  • We reserve the right to modify or discontinue rewards programs at any time

1.4 Acceptable Use

You agree not to:

  • Use automated scraping or bots
  • Circumvent tracking mechanisms
  • Interfere with website security
  • Engage in fraudulent activity
  • Reverse engineer platform functionality

Violation may result in termination and legal action.

1.5 Intellectual Property

All content, logos, trademarks, software, and materials are owned by Company or licensed to Company. You may not reproduce or distribute without written consent.

1.6 Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT

We do not guarantee uninterrupted service.

1.7 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS OR DATA
  • DAMAGES EXCEEDING $500 OR THE AMOUNT YOU PAID US IN THE LAST 12 MONTHS, WHICHEVER IS GREATER

Some jurisdictions may not allow certain limitations; in such cases liability is limited to the fullest extent permitted by law.

1.8 Indemnification

You agree to indemnify and hold harmless Company from any claims arising from:

  • Your violation of these Terms
  • Your misuse of the Services
  • Your violation of law

1.9 Governing Law

These Terms shall be governed by the laws of the State of New Jersey, without regard to conflict of law principles.

1.10 Dispute Resolution – Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. It affects your legal rights.

A. Agreement to Arbitrate
You and Company agree that any dispute, claim, or controversy arising out of or relating to:

  • These Terms
  • Your use of the Services
  • Privacy, data collection, or tracking practices
  • Alleged statutory violations (including but not limited to CIPA, CCPA/CPRA, or other privacy laws)

shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration shall take place in New Jersey, unless otherwise required by law.

B. Waiver of Jury Trial
YOU AND COMPANY WAIVE ANY RIGHT TO A JURY TRIAL.

C. Class Action Waiver
YOU AND COMPANY AGREE THAT ALL CLAIMS SHALL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY. NO CLASS ACTION, MASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING IS PERMITTED. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.

D. Small Claims Exception
Either party may bring an individual claim in small claims court if it qualifies.

E. 30-Day Opt-Out Right
You may opt out of arbitration by sending written notice within 30 days of first accepting these Terms to: [email protected]. Opt-out notice must include your name and email associated with your account.

1.11 Waiver of Public Injunctive Relief

To the fullest extent permitted by law, claims seeking public injunctive relief shall be resolved in individual arbitration and not in court, except where prohibited by law.

1.12 Time Limitation on Claims

Any claim must be brought within one (1) year after the cause of action arises, unless prohibited by law.

1.13 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

1.14 Modifications

We may modify these Terms at any time. Continued use constitutes acceptance of modifications.

2. MEMBERSHIP TERMS AND CONDITIONS

2.1 General

  • Activation and use of this fulfillment website is subject to verification. An attempt to authorize the credit card on file will be made at registration to validate ownership and accuracy of the payment method on file.
  • Only the designated Member and/or spouse or children that are considered to be “immediate family” may have access to and use the available benefits. This includes, but is not limited to, the redemption and activation of benefits. No third party may redeem or activate any benefit on behalf of a Member, even with the permission of the Member. Members must be 18 years or older.
  • Member may not offer their access for resale to other parties. Use of this website and access to benefits are non-transferable.
  • Member will not violate any local, state or federal laws with regards to the use of their Member account or access to this website.
  • It is understood and acknowledged that all discounts, benefits and offers listed on the Active Perks platform may be amended, terminated, changed or altered at the sole discretion of management.
  • Member agrees to hold harmless and indemnify management for all actions, representations and claims provided through this program.
  • Members who are participating in fundraising efforts and subject to renewal are notified 30 days prior to the renewal date. These members can cancel accounts at any time before the next billing cycle to avoid future charges. Certain members who have been granted access through a loyalty or rewards program (gyms, service companies, real estate, warranties, etc.) will have any costs associated with their membership paid on their behalf. To determine if renewal fees apply to your membership, please visit your account profile where you may also cancel your participation.
  • Accounts that do not renew due to decline or inability to successfully process will be canceled. Accounts may be reactivated upon update of credit card information and successful renewal.
  • Accounts will be cancelled upon issuance of a chargeback/credit card dispute for any reason.
  • Members forfeit any remaining available or pending cash back upon cancellation including cancellation of account due to failure to process, or cancellation as the result of a chargeback/credit card dispute. Your account must be in an active status to access and use cash back.
  • Members agree to periodic email updates on system enhancements, promotions, order confirmations, and other email communication as necessary. We do not sell or distribute email lists.

2.2 Digital Gift Cards

  • Digital gift card benefits may be subject to purchase limits, but there is no minimum purchase required.
  • Any maximum purchasing limits are reset quarterly on the following schedule: January 1, April 1, July 1, October 1.
  • Available merchants and providers are subject to change.
  • Digital gift cards cannot be returned. Purchases are final. Digital gift cards cannot be physically shipped. They cannot be redeemed for cash, or used to pay off credit and other debt obligations.
  • Listed merchants are neither sponsors, co-sponsors, nor affiliated with this membership program.
  • These terms and conditions are subject to change at the discretion of management.

3. PRIVACY POLICY

This Privacy Policy describes how we collect, use, disclose, retain, and protect information and explains your rights under applicable privacy laws, including the California Consumer Privacy Act as amended by the California Privacy Rights Act (“CPRA”).

3.1 Notice Regarding Communication Monitoring & Recording (CIPA Disclosure)

We and our service providers may use cookies, pixels, APIs, session replay tools, chat technologies, analytics tools, and similar technologies that:

  • Monitor and record user interactions
  • Record mouse movements, clicks, scrolling, and navigation paths
  • Capture search queries entered on our Services
  • Capture information entered into web forms prior to submission
  • Collect device identifiers, IP addresses, and browsing behavior

These technologies may operate in real time while you are interacting with our Services.

BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE AND CONSENT TO THE RECORDING, MONITORING, AND DISCLOSURE OF YOUR INTERACTIONS AS DESCRIBED IN THIS POLICY.

To the extent required by law, non-essential tracking technologies will not activate unless you provide affirmative consent through our cookie banner or consent management tool.

3.2 Information We Collect

We collect the following categories of personal information:

A. Identifiers

  • Name
  • Email address
  • Mailing address
  • Phone number
  • Account usernames
  • IP address
  • Device identifiers

B. Commercial Information

  • Purchase history
  • Rewards activity
  • Transaction details
  • Payment account information (processed through secure third-party payment processors)

C. Internet / Electronic Activity

  • Browsing history
  • Clickstream data
  • Referring URLs
  • Session data
  • Interaction with advertisements
  • Form inputs and search queries
  • Time spent on pages

D. Geolocation Data

  • Approximate location derived from IP address

E. Sensitive Personal Information (as defined by CPRA)

  • Financial account information (processed securely via payment processors)

We do not knowingly collect information from children under 13.

3.3 Sources of Information

We collect information:

  • Directly from you
  • Automatically via tracking technologies
  • From service providers
  • From marketing or affiliate partners
  • From social login integrations (if used)

3.4 Purposes for Collection and Use

We use personal information to:

  • Operate and maintain user accounts
  • Process transactions and rewards
  • Prevent fraud and ensure security
  • Analyze website performance
  • Improve functionality
  • Provide customer support
  • Send service communications
  • Deliver marketing communications (with consent where required)
  • Comply with legal obligations

We do not use sensitive personal information for purposes other than those permitted by law.

3.5 Sharing and Disclosure of Information

We do NOT sell personal information for monetary consideration.

We may share information with:

A. Service Providers
Entities that process information solely on our behalf and under contractual restrictions prohibiting independent use, including:

  • Payment processors
  • Cloud hosting providers
  • Analytics providers
  • Advertising platforms
  • Fraud prevention vendors
  • Customer support vendors

These entities are contractually prohibited from retaining, using, or disclosing personal information for purposes other than providing services to us.

B. Business Transfers
In connection with mergers, acquisitions, or asset sales.

C. Legal Obligations
To comply with subpoenas, court orders, or legal process.

3.6 Cookies and Tracking Technologies

We use:

  • Strictly necessary cookies
  • Performance and analytics cookies
  • Advertising cookies
  • Cross-device tracking technologies

You may control tracking preferences through your browser’s cookie management tool. California residents may opt out of “sharing” of personal information for cross-context behavioral advertising via the “Do Not Sell or Share My Personal Information” link on our website.

3.7 California Privacy Rights (CCPA/CPRA)

California residents have the right to:

  • Know what personal information we collect
  • Access specific pieces of personal information
  • Correct inaccurate information
  • Delete personal information
  • Opt out of sale or sharing
  • Limit use of sensitive personal information
  • Not be discriminated against for exercising rights

Requests may be submitted to: [email protected] or via 201-351-7850 Ext. 1. We will respond within 45 days as required by law. Authorized agents may submit requests with written authorization.

3.8 Data Retention

We retain personal information only as long as reasonably necessary for:

  • Business purposes
  • Legal compliance
  • Fraud prevention
  • Audit requirements

Data may be retained in backup systems consistent with industry standards.

3.9 Data Security

We implement administrative, technical, and physical safeguards, including:

  • TLS encryption
  • Access controls
  • Vendor due diligence
  • Security monitoring

No system is 100% secure, but we maintain commercially reasonable safeguards.

3.10 Third-Party Websites

Our Services may link to third-party websites. We are not responsible for their privacy practices.

3.11 Dispute Resolution

Your use of the Services is subject to our Terms of Use, including mandatory arbitration and class action waiver provisions where applicable.

3.12 Changes to This Policy

We may update this Privacy Policy periodically.

4. CONTACT

Advanta Health Solutions, Inc.
[email protected]
201-351-7850 Ext. 1