- “Personal Information” is information about an identifiable individual, such as their name, mailing address, email address, or phone number, personal description, or photograph, whether used alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual; and
- “Privacy Laws” means the Personal Information Protection and Electronic Documents Act (Canada), Personal Information Protection Act (British Columbia), equivalent legislation in other Provinces and Territories, all regulations thereunder, and all governmental orders issued pursuant thereto.
- Children. The Web Site and Services are not intended for or directed to children under the age of 18, and we do not knowingly collect Personal Information relating to children or track their use of the Web Site or any of them.
COLLECTION OF PERSONAL INFORMATION
- your name, shipping address, email address, and telephone number, and demographic information that you provide us which is not unique to you, such as your postal code, age, gender, the identity and contact information of your organization, and/or your organization’s employees, which you voluntarily give to us to enable you to use features of the Web Site and the Services;
- financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase Services. In completing transactions for Services with Us, the following Personal Information could be collected from you: (i) billing information such as the number, expiration date, card type and billing address of your credit card; and (ii) demographic information such as a company name or type, job title and job description;
- Personal Information that you provide by filling in forms on our Web Site or in connection with receiving our Services (whether or not through the Web Site), including a contact form requesting information or updates when we release new resources, services, or products which may be of interest to you;
- Personal Information that you chose to provide to us through the coaching process, including assessment, planning, implementation and evaluation, which may include your medical information if you choose to provide it to us;
- Personal Information that you provide while using our Web Site or when you use the Services;
- Personal Information that you provide by participating in social media functions on our Web Site; or
- Personal Information that you provide when you report a problem with our Web Site.
- Information we may automatically collect on the Web Site. With regard to each of your visits to our Web Site, we may automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our Web Site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
- Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other online projects or services we provide. We also work with third parties (including, for example, technical and delivery services, analytics providers, search information providers) and may receive information about you from them.
USE OF PERSONAL INFORMATION
Use of Personal Information. We may use your Personal Information to:
- provide you with the information, products and Services that you request from us, whether or not provided through the Web Site;
- carry out any agreements entered into between you and us;
- respond to inquiries from you or service requests from you and monitor such responses;
- correspond with you and manage our relationship with you;
- process payments or refunds related to the Services and any products that we provide, and personalize the Web Site and/or the Services;
- subject to applicable laws, provide information about and market our products or services or products or services of third parties, and inform you of offers or new features that we believe may be of interest to you. If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails;
- manage the Web Site and Services and assess usage;
- inform you of offers or new Services or features of the Web Site that we believe may be of interest to you; and
- administer our Web Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes, including to study the use and popularity of various areas of our Web Site and to improve our Web Site.
DISCLOSURE OF PERSONAL INFORMATION
- if we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation under the Privacy Laws, or as we believe in good faith may be reasonably necessary to comply with any law, regulation, rule, court order, or other lawful requests from governmental, regulatory or administrative agencies or law enforcement authorities (including in response to law enforcement or national security requirements), or in order to enforce or apply agreements between us and you;
- to protect the rights, property, or safety of us, our customers, or others; and
- otherwise as may be required or permitted by applicable Privacy Laws. The Privacy Laws may permit the use and/or disclosure of Personal Information without notice if, for example: (a) the Personal Information could be useful in the investigation of a contravention of the laws of Canada, a province or a foreign jurisdiction; (b) the Personal Information is used or disclosed for the purpose of acting in respect of an emergency that threatens the life, health or security of an individual; and (c) the Personal Information is disclosed to comply with the edicts of the law, or to comply with a subpoena or warrant issued or an order made by a court.
STORAGE OF PERSONAL INFORMATION
- Where we store Personal Information. We are based in Canada and the information (including any Personal Information) we collect is transferred, maintained, stored, and processed in Canada. You understand and agree that we may store and process the information you provide to us in Canada and other countries.
Risks of transmitting Personal Information and data via e-mail. Transmitting Personal Information and data, including personal health information, via email poses several risks you should be aware of. We use reasonable means to protect the security and confidentiality of email information but cannot guarantee the security and confidentiality of email communications. You should not communicate with Us via email without understanding and accepting these risks. These risks include, but are not limited to the following: employers and online services may have a legal right to inspect emails that pass through their system; email is easier to falsify than handwritten or signed hard copies; emails can introduce viruses into a computer system and could potentially damage or disrupt the computer; email can be forwarded, intercepted, circulated, stored or even changed without the knowledge or permission of the sender or recipients; email senders can easily misaddress an email resulting in it being sent to one or more unintended and unknown recipients; and email cannot be readily erased or shredded (i.e., even when deleted by both sender and recipient, backup copies may exist on a computer or in cyberspace); and use of email to discuss sensitive information can increase the risk of such information being disclosed to third parties. By sending or transmitting any information (including Personal Information) to Us via e-mail, including in connection with your use of the Web Site and/or the Services, you thereby agree to the following conditions:
- You have read and understand the above risks relating to communicating with Us via e-mail, and have agreed to communicate with us via e-mail notwithstanding the above risks;
- any emails concerning your treatment will be kept by us as part of your record;
- if an email you send to Us requires a response and you have not received a response within a reasonable time frame, it is your responsibility to follow up to determine whether the intended recipient received the email and when you can expect a response; and
- We are not responsible for information lost due to technical failures associated with your email software or the services offered by your internet service provider.
IS MY PERSONAL INFORMATION SECURE?
Security and your Personal Information. We take commercially reasonable steps to ensure that your Personal Information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps we take in order to protect your information are:
- premises security;
- restricted access to Personal Information;
- deploying technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access; and
- internal password and security policies.
We may make available our Services through a Web Site, but also by telephone, videoconference, and social media sites, and we may also collect your personal information through those media and sources. Unfortunately, no transmission of information via the Internet and no means of information storage is completely secure. Although we take commercially reasonable steps to protect your Personal Information, we cannot guarantee the security of your Personal Information and data transmitted to our Web Site in connection with the Services or otherwise provided to Us, or your Personal Information that we store.
- Retention of Personal Information. Personal Information will be retained in accordance with this policy for as long as may be necessary or relevant for the purpose(s) of collection, or as may be required or permitted by applicable law, after which time your Personal Information may be made anonymous or destroyed unless you further consent to its continued retention.
- Access to and correction of Personal Information. You have a right to request access to your Personal Information, to request a correction to it if you believe it is inaccurate. If you have submitted Personal Information to us and would like to have access to it, or if you would like to have your Personal Information corrected, please contact us using the contact information provided below. We may require you to verify your identity before you access your Personal Information. We will use reasonable efforts to comply with your request; however, we may not be able to grant you access to certain Personal Information in certain circumstances, for example if your Personal Information contains Personal Information of other persons, or for legal reasons.
- Withdrawal of consent. Individuals have the right to withdraw their consent to the collection, use, or disclosure of Personal Information at any time, except where that withdrawal would frustrate the performance of a legal obligation by us. Upon reasonable written notice given to us, all Personal Information held by us that is identifiable to that individual will be removed from our records.
- Your data protection rights. Depending on your location and subject to applicable law, you may have additional rights with respect to your Personal Information, including:
- “Right to be forgotten” – the right to request that we erase your Personal Information in certain circumstances provided by applicable law;
- “Data portability” – the right to request that we send to another company, where technically feasible, your Personal Information; and
- the right to request that we restrict the processing of your Personal Information in certain circumstances; for example, if you contest the accuracy of the Personal Information while we are verifying the accuracy.
In order to exercise these rights, you may contact us as described in the Contact Us section below. We will comply with your request to the extent possible and as required by applicable law.