This Policy applies to personal information about individuals and does not apply to the information collected, used or disclosed with respect to corporate or commercial entities. This Policy does not impose any limits on our collection, use or disclosure of the information exempted under applicable privacy legislation, such as business contact information and certain publicly available information.
When you visit our Website or communicate with KeepFit via email, you are communicating electronically. You will receive communications from KeepFit electronically in accordance with the consent that you provide to us. KeepFit will communicate with you by email or by posting notifications on our Website. You understand and agree that all agreements, notices, disclosures and other communications that KeepFit provides electronically, satisfy any legal requirement that such communications be in writing.
We will obtain your consent to collect, use or disclose personal information except where we are authorized or required by law to do so without consent. For example, we may collect, use or disclose personal information without your knowledge or consent where:
- The information is publicly available;
- We are obtaining legal advice; or
- We reasonably expect that obtaining consent would compromise an investigation or proceeding.
Other exceptions may apply.
Your consent can be express, implied or given through authorized representative.
Consent may be provided orally, in writing, electronically, through inaction (such as when you fail to notify us that you do not wish for your personal information to be collected / used / disclosed for various purposes after you have received notice of those purposes) or otherwise.
You may withdraw consent at any time, subject to legal, contractual and other restrictions, provided that you give reasonable notice of withdrawal of consent to us. On receipt of notice of withdrawal of consent we will inform you of the likely consequences of the withdrawal of consent, which may include our inability to provide certain services for which that information is necessary.
- The Information We Collect About You
We collect information about you directly from you and from third parties, as well as automatically through your use of our Website or Services.
Information We Collect Directly From You. We collect information from you when you contact us, register with our Website, reserve classes, make a purchase, or otherwise interact with our Website or use our Services. The type of information that we collect varies based on your interaction with us and may include: your name, email address, password, phone number, date of birth, gender, health or medical conditions, and, if you make a purchase from us, payment information, purchase history, and shipping address. We also may collect information about your workout preferences.
Information We Collect Automatically. We automatically collect information about your use of our Website through cookies, web beacons, and other technologies. We combine this information with other information we collect about you. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.
- Domain name;
- Your browser type and operating system;
- Web pages you view; links you click; your IP address;
- The length of time you visit our Website and or use of our Services; and
- The referring URL or the webpage that led you to our Website.
- Language information;
Limits on Collection. We will not collect information indiscriminately and will limit collection of information to that which is reasonable and necessary for the above purposes. We will also collect information as is otherwise authorized by law.
- How We Use Your Information
As permitted by applicable law, we use your information, including your personal information, for the following purposes:
- To provide our services to you, to communicate with you about your use of our services, to respond to your questions, to fulfill your orders, and for other customer service purposes.
- To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Website.
- For marketing and promotional purposes. For example, as permitted by applicable law, we and our third party partners may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you, including third party products and services. We also may use the information that we learn about you to assist us in advertising our services on third party websites.
- To better understand how users access and use our Website and both on an aggregated and individualized basis.
- To improve our Website.
- For research and analytical purposes.
- To administer surveys and questionnaires.
- To comply with applicable legal obligations, including responding to a court order.
- In the context of a merger or acquisition, if some or all of our assets are transferred to another company, or as part of a bankruptcy proceeding.
- Where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms or this Policy.
- To authenticate your identity.
- To allow you to participate in our contests, and to administer those contests.
- To collect debts owed to us.
- For other purposes we may inform you about from time-to-time.
Please also note that we may transfer your personal information across provincial or national borders to fulfil any of the above purposes, including to service providers located in the United States and other jurisdictions outside of Canada who may be subject to applicable disclosure laws in those jurisdictions. You may contact our Privacy Officer (whose contact information is provided below) to obtain information about our policies and practices regarding our transfer of data or use of service providers outside of Canada, or to ask questions about the collection, use, disclosure or storage of personal information outside of Canada.
- How We Share Your Information
We may share your information, including personal information, as follows:
- Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.
- Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
- Third Parties. As permitted by applicable law, we may share information with our third party partners or other third parties so they may send you information about their products and services.
We may also share information in the following circumstances:
- Business Transfers. If we are acquired by or merged with another company, if some or all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
- In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order.
Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.
- Limits on Using, Disclosing and Retaining Personal Information
We will only use and disclose your personal information for the purposes set out above and as authorized by law.
We will keep personal information used to make a decision affecting you for at least one year after using it to make the decision, unless otherwise permitted or required by law.
We will destroy, erase or make anonymous documents or other records containing personal information as soon as it is reasonable to assume that the original purpose is no longer being served by retention of the information and retention is no longer necessary for legal or business purposes.
We will take due care when destroying personal information so as to prevent unauthorized access to the information.
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Website, while others are used to enable a faster log-in process or to allow us to track your activities at our Website. There are two types of cookies: session and persistent cookies.
Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Website. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Website.
Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity, and to display advertising both on our Website and on third-party sites.
Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Website who disable cookies will be able to browse certain areas of the Website, but some features may not function.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Website and our App to, among other things, track the activities of our Website visitors and App users, help us manage content, and compile statistics about Website and App usage. We and our third-party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
Do-Not-Track. There is no industry do-not-track standard; KeepFit has processes in place that are designed to recognize web browser “do-not-track” signals. The Help portion of the toolbar on most browsers will tell you how to use your web browser’s do-not-track feature. Please be advised that we cannot guarantee that our processes will capture all such do-not-track signals. You also may disable certain tracking as discussed in this section (e.g., by disabling cookies); you may opt-out of targeted advertising by following the instructions in the Third-Party Ad Network section.
- Third-Party Ad Networks
Users may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
- Third-Party Links
Our Website may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.
- Security of Your Personal Information
We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
- Access to My Personal Information
You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Website for a period of time.
Also, upon written request to our Privacy Officer and authentication of identity, we will provide you with your other personal information under our control, information about the ways in which that information is being used and a description of the individuals and organizations to whom that information has been disclosed. We will make that information available within 30 days or provide written notice where additional time is required to fulfil the request.
In some situations, we may not be able to provide access to certain personal information. This may be the case where, for example, disclosure would reveal personal information about another individual, the personal information is protected by solicitor/client privilege, the information was collected for the purpose of an investigation or where disclosure of the information would reveal confidential commercial information that, if disclosed could harm our competitive position. We may also be prevented by law from providing access to certain personal information. When an access request is refused, we will notify you in writing, document the reasons for refusal and outline further steps which are available to you.
We will make a reasonable effort to ensure that personal information we are using or disclosing is accurate and complete. However, it is your responsibility to ensure that your information is current, complete and accurate.
We will correct any personal information that you demonstrate is inaccurate or incomplete. If appropriate, we will send the amended information to third parties to whom the information has been disclosed. If there is a dispute regarding the accuracy of personal information that we are unable to resolve to your satisfaction, we will annotate the personal information under our control with a note that the correction was requested, but not made.
- What Choices Do I Have Regarding Promotional Emails?
As permitted by applicable law, we may send periodic promotional emails to you. You may opt-out of our promotional communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.
You may also withdraw your consent to our collections, uses and disclosures of your information at any time, subject to legal, contractual and other restrictions, provided that you give reasonable notice of withdrawal of consent to our Privacy Officer.
- Privacy of Minors
If KeepFit discovers that personal information has been provided by a person who is under the age of majority in the province where he/she has provided such information not in accordance with our Website and Terms and Conditions, KeepFit reserves the right to delete such information.
- Contact Us
If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact our Privacy Officer _______________________. You can also contact our Privacy Officer by mail or telephone at KeepFit Spin Studios Inc., ____________________ Toronto, ON, _______ , attention: PRIVACY OFFICER, T: 416.______________ .
- Changes to the Policy
Our Policy is current as of the Effective Date set forth below. We may change the Policy from time to time, so please be sure to check back periodically. We will post any changes to the Policy on our Website. If we make any changes to the Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change in the Policy on our Website.
EFFECTIVE DATE:______________________, 2020