The following terminology applies to these Terms and Conditions and any and all Agreements: “Client”, “You” and “Your” refers to You, the person accessing this website, using the Service (defined below) and accepting these terms and conditions. The Active911 Terms of Service and the Subscription Agreement between Your agency and LastRecord are incorporated by reference as if fully set forth herein. “LastRecord”, “The Company”, refers to our Company LastRecord. LastRecord provides various services (“Service”), which may include one or more of the following: performance evaluations, task management, and other services. This agreement (“Agreement”, “TOS”), together with any documents included by reference, governs Your use of the Service. If You do not agree to these terms, do not use the Service. Your use of the Service constitutes agreement to these terms. As described below, this Agreement may be altered by the Company at any time, without prior notice, and Your continued use of the Service constitutes consent to such alterations to the TOS.
The Service is based on a combination of technologies that may include cloud infrastructure, data storage systems, third-party service providers, internet connectivity, and user devices. Such technologies are not error-free and may be subject to interruptions, delays, security vulnerabilities, or failures beyond the control of LastRecord. Your use of the Service is “as is” and “not guaranteed”. LastRecord does not guarantee that any User Content, records, or stored information will be stored in perpetuity, uncorrupted, and/or accessible at all times. Users are solely responsible for maintaining independent backups of any important information. To the fullest extent permitted by law, LastRecord excludes all representations and warranties relating to this website and its contents and/or the Service which includes any inaccuracies or omissions in the data or Service provided to You. You agree to defend, indemnify, and hold harmless LastRecord and its officers, directors, employees, agents, affiliates, successors, and assigns from any and all liability, loss or damage or lawsuit to the maximum extent possible, whether that liability loss or damage arise from any breach of data, Service failure, incorrect or untimely Service, or for any other reason. In no way will LastRecord, its officers, directors, employees, affiliates, successors, or assigns be held liable in any way regarding Your performance, lack of performance, action or inaction or for any conduct by You, Your associates, or Your agency, even if such performance or nonperformance is or may have been a direct or indirect result of the Service.
You agree that if any part of this Agreement is found to be invalid or unenforceable, the rest of the Agreement will continue in full force and effect with the invalid or unenforceable provisions reformed to reflect the intent of this Agreement to the greatest extent possible or, if such reformation is not possible, such language shall be stricken and the remainder of this Agreement shall continue in full force and effect.
You agree not to use the Service in any manner that violates any local, state, or Federal laws of the United States or any applicable law(s) in Your country.
We respect the privacy of the information that You store and pass through LastRecord servers. LastRecord is committed to keeping Your data safe and secure. While LastRecord may use Your data to generate statistics or similar information, LastRecord will only do so in a way that maintains the privacy and anonymity of Your data. We may collect and store metadata for operational and security purposes. LastRecord will not share Your data with third parties except as needed for technical reasons or if required by law. By using LastRecord services, You consent to the storage and processing of Your data as LastRecord deems desirable or necessary for service functionality.
This Agreement may be changed from time to time at LastRecord’s sole discretion. The most current version will be published at www.Lastrecord.com.Your continued use of the Service constitutes acceptance or ratification (as appropriate) of the new Terms of Service and this Agreement. The LastRecord Privacy & Refund policy, as published from time to time at www.Lastrecord.com, are hereby included in this Agreement by reference.
You acknowledge that this Agreement, and any agreements included by reference, represents the complete agreement between Yourself, Your agency or employer, and LastRecord. You agree that this document supersedes any oral representations made by either party.
This Agreement continues in full force and effect for as long as Your data resides on our servers. This Agreement shall be renewed automatically for succeeding terms of one (1) year each unless the subscribing party gives written notice to LastRecord at least sixty (60) days prior to the expiration of any term.
You are responsible for maintaining security for all Your devices and accounts. LastRecord is not responsible or liable for any unauthorized access to, or unauthorized use of, Your accounts and equipment. You are responsible for ensuring compliance with all local, state, and federal communications laws and regulations.
LastRecord is committed to protecting your privacy. LastRecord provides record and task management solutions (the “Services”) for companies that have contracted for these services (“Subscriber Companies”). We have prepared this Privacy Policy to describe to you our practices regarding the personal information we collect from users (“Users”) of our website located at https://lastrecord.com/ (the “Site”) and from Subscriber Companies who utilize the Services under contract.
This policy is subject to change as described below. This policy is a general statement of policy; it is not a contract and does not create any legal right or obligations with respect to You or any third party.
We may collect personal information from Users who visit our Site or use our Services, such as: your first and last name, e-mail, username, and password when you create a trial account or an account to log in to our network (“Account”);
If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, to send you a reply;
Subscriber Companies determine what types of personal data to provide via our Services. This information may include a wide range of employee data, such as contact information.
As is true of most websites, we gather certain information automatically and store it in log files. This information may include IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and click stream data. Uses of this information include but are not limited to analyzing trends and User movement around the Site, administration of the Site, gathering demographic information about our User base, and to better tailor our Services to our Users’ needs.
Like many Online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience. This type of information is collected to make the Site and Services more useful to you and to tailor the experience with us to meet your special interests and needs.
We use third-party service providers to help analyze how users use the Site or Services (“Analytics Companies”). These Analytics Companies use Cookies to collect information such as the number of User visits and what other sites they used prior to coming to the Site. We use the information we get from these Analytics Companies only to improve our Site and Services. Among other things, we may combine the information generated through the use of Analytics Companies with your personal information. Analytics Companies may plant a persistent Cookie on your web browser or mobile device to identify you as a unique user the next time you visit the Service. This Policy does not apply to, and we are not responsible for, the Cookies used by these Analytics Companies.
We collect information about you and other individuals from the following third-party sources:
LastRecord processes data submitted by Users and Subscriber Companies.
In providing its service, LastRecord processes data submitted by Subscriber Companies to provide the Services. LastRecord may access, correct, transfer, or follow other Subscriber Companies’ directions relating to the processing of the Services’ data.
We disclose your personal information as described below and as described elsewhere in this Privacy Policy.
The personal information provided by the Subscriber Companies may be analyzed or combined with other information and shared with the same Subscriber Companies as part of the Services. Subscriber Companies may also direct LastRecord to share certain information, information summaries, and/or analysis with government and non-government agencies.
We may share your personal information with third-party service providers to provide the Services; to conduct quality assurance testing; to facilitate the creation of Accounts; to provide technical support; to provide other services to LastRecord, or to provide features to Subscriber Companies who have entered into agreements with third parties.
We may create anonymous data records from personal information by excluding information that makes the data personally identifiable to you. We use this anonymous data to analyze request and usage patterns so that we may enhance the content or improve the navigation of our Site or Services. We reserve the right to use anonymous data for any purpose and disclose anonymous data to third parties in our sole discretion.
We may share some or all of your personal information in connection with or during the negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving the sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Privacy Policy unless such rights and/or obligations are limited by applicable law and/or the terms of the transaction giving rise to the transfer of information.
Regardless of any choices you make regarding your personal information (as described below), LastRecord may disclose personal information if it believes in good faith that such disclosure is necessary:
We may periodically send you free newsletters and e-mails that directly promote the use of our Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Regardless of your indicated e-mail preferences, we may send you service- related communications, including notices of any updates to our Terms of Service or this Privacy Policy.
LastRecord is committed to protecting the security of your personal information. We use a variety of industry-standard security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while LastRecord uses reasonable efforts to protect your personal information, LastRecord cannot guarantee its absolute security.
LastRecord does not target its offerings toward and does not knowingly collect any personal information from Users under 16 years of age. If LastRecord learns that the User is a child under 16, we will attempt to delete the information as soon as possible. However, the provisions concerning Changing or Deleting Your Personal Information may apply with respect to legal retention requirements and/or archive retention. If you believe that we might have any User personal information from a child under 16, please contact us at support@active911.com
Some web browsers may transmit “do not track” signals to the websites and other online services with which your web browser communicates. There is no standard that governs what, if anything, websites should do when they receive these signals. LastRecord currently does not take action in response to these signals. When a standard is established, we may revise our policy on responding to these signals.
The Privacy Act of 1974 applies to Subscriber Companies who are agencies or contracted to the United States Federal Government. Users of these Subscriber Companies are advised of the following, “they are entering into a records and data collection system containing personal information that is governed by rules established under the Privacy Act (5 U.S.C § 552a)/PL 93-579 and are hereby notified that they are authorized to use information within the system for “official use” only and may not share or disseminate information unless specifically authorized. Civil, and/or Criminal penalties apply for any unauthorized use of data maintained within this system.”
The Privacy Act of 1974 provides certain individuals whose information is maintained by these Subscriber Companies with rights to seek access to and amend covered records.
This Privacy Policy applies solely to the LastRecord websites and to the Services we provide to Subscriber Companies.
There may be links to other sites from LastRecord web pages that take you outside our website. These other sites may send their own cookies to users, collect data, or solicit personal information. Personally identifying information which you choose to provide to another party or website will not be subject to this Privacy Policy.
You may change any of your personal information by editing your profile within your Account or by sending an email to us at support@active911.com. You may request deletion of your personal information by us, and we will use commercially reasonable efforts to honor your request, but please note that legal requirements may dictate that information be retained for specified periods of time and we may not be able to honor your request until the expiration of that time period. When we delete any information, it will be deleted from the active database but may remain in our archives. We may also retain your information for fraud prevention or similar purposes.
LastRecord is committed to resolving complaints about your privacy and our collection or use of your personal nformation. Individuals with inquiries or complaints regarding this privacy policy should first contact LastRecord at support@active911.com or in writing at the address below:
LastRecord –
Attn: Privacy Office,
518 N. 19th St.
Philomath, OR 97370
This Privacy Policy may be updated at any time to reflect changing business or regulatory conditions. If we make any material changes in the way we use personal information, we will notify you of such changes. Notification may occur, in our sole discretion, by any one or more following methods: email notification directly to you; notification provided on our Site; or notifying Subscriber Companies. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site or to Subscriber Companies. These changes will be effective immediately for new Users of the Site or new Subscriber Companies. Continued use of our Site or Services, following notice of such changes, shall indicate your acknowledgment of such changes.
Any questions about this Privacy Policy should be addressed to support@active911.com or by postal mail at:
LastRecord
Attn: Privacy Office
518 N. 19th St.
Philomath, OR 97370
LastRecord does not allow product returns for physical items purchased from our e-store, except in cases where the product is defective. If there is a mistake in filling a product order and you receive something different than you ordered, or if the product is defective, please notify us within 5 days of receipt of the item so we can replace it.
No refunds are available for the LastRecord Service, even if you terminate early.
