Privacy Policy
Effective date: May 20, 2021
Introduction
This Privacy Policy describes how Resilient Training and Rehabilitation Inc. (“Resilient”, “Company”, “we”, or “our”) collects, stores, uses and distributes information when you access and/or use the the resilientedu.com and/or the resilientrehab.com websites, including when we provide any services or when you purchase, request, or obtain any services, including, but not limited to, from or on the resilientedu.com and/or the resilientrehab.com websites (each a “Service”) (the foregoing, collectively the “Website”). For greater certainty, and without limiting the generality of the foregoing, the EVOLVE Mentorship programs, the webinars/courses, and the Coaching Corner are each a Service. Resilient is a provider of physical fitness, movement, and exercise information, programming, and related services.
Resilient respects your privacy and is committed to keeping personal information accurate, confidential, and secure. We collect, use, and disclose personal information only with your consent and only for the services that we provide you. We always ask for your permission before we share or use information for a purpose other than to what you have consented. This privacy policy is based on the principles set out in the Personal Information Protection and Electronic Documents Act (PIPEDA), the Ontario Personal Health Information Protection Act (Ontario PHIPA), and the Canadian Standards Association Model Code for the Protection of Personal Information.
This Privacy Policy describes the principles Resilient will use to protect the privacy of personal information and personal health information in its possession or control, in accordance with the law and Resilient’s own policies.
Definitions
Privacy
Privacy is an individual's right to retain control over the collection, use and disclosure of her/his personal information.
Personal Health Information
Personal health information means identifying information about an individual in oral or recorded form if the information relates to the physical or mental health of the individual, including information that consists of the medical history of the individual and/or the individual's family, and is consistent with the definition as set out in relevant privacy and health privacy legislation. Any data that has been collected in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is not considered personal information.
Personal Information
Personal information means identifying information about an individual in oral or recorded form. Any data that has been collected in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is not considered personal information.
Capacity and Substitute Decision-Making
An individual is capable of providing us consent to the collection, use or disclosure of personal health information if the individual is able to understand the relevant information and the consequences of giving or withholding consent. Resilient presumes the individual is capable, unless there are reasonable grounds to believe that the individual is incapable of consenting.
An individual who is capable may authorize another person to act on her or his behalf. If the individual is incapable, an authorized substitute decision-maker may consent on her or his behalf.
If the individual is deceased, the estate trustee or person who is responsible for administration of the deceased's estate may provide consent. A person who is authorized or required by law to act on behalf of the individual, may provide consent.
Substitute Decision-Maker
A substitute decision-maker, in relation to an individual, means, unless the context requires otherwise, a person who is authorized by law to consent on behalf of the individual to the collection, use or disclosure of personal health information about the individual.
Privacy Principles
Accountability
Resilient has established policies and procedures to comply with this Privacy Policy and has designated a Chief Privacy Officer (CPO) as the contact person who is accountable for our compliance. The CPO's information is contained at the end of this page.
Identifying Purposes of Collecting Personal Information
Resilient will identify the purposes for which personal information is collected at or before the time the information is collected. If Resilient intends to use personal information for any other purpose, we will seek your consent.
How Resilient Uses Personal Information
With your consent, Resilient uses your personal information and personal health information for the purposes of providing you access to, and enabling your participation in, the Services and the Website via your account. When you voluntarily give us your first name, last name, and other names that identify you (including personally-identifying social media usernames or handles), your email address, your address, including shipping address and billing address, your telephone number, credit card information (depending on payment method selected), and other data or information that has been requested by Resilient and that you voluntarily provide, we use this information solely for providing you access to, and enabling your participation in, the Services and the Website.
If you have opted-in to receive marketing communications from us, we will send you promotional offers from time to time. You may unsubscribe at any time by clicking the unsubscribe link at the bottom of the message. This prevents any promotional emails from being sent to you unless you explicitly request that we re-add you to a promotional list.
Obtaining Consent
Resilient will obtain consent before or when we collect, use, or disclose personal information about you, except where otherwise required by law. You can provide consent to the collection, use, and disclosure of personal information about you expressly, implicitly, or through an authorized representative. You can withdraw consent at any time, with certain exceptions.
Limiting Collection
Resilient collects personal information and personal health information only by fair and lawful means. Personal information may include your first name, last name, and other names that identify you (including personally-identifying social media usernames or handles), your email address, your address, including shipping address and billing address, your telephone number, credit card information (depending on payment method selected), and other personal information that has been requested by Resilient and that you voluntarily provide. Personal health information may include health concerns and complaints, medications, medication administration details, diagnoses, lab test results, allergies, stress levels, daily habits and patterns, sleep habits and patterns, nutrition habits and patterns, personal and family health history, and other personal health information that has been requested by Resilient and that you voluntarily provide.
When you access or request access to Resilient’s Website or any Services, and when we provide any Services or when you request or obtain any Services, you agree and understand that the collection of personal information and/or personal health information is only for providing you with those Services, for providing you access to and enabling your participation in the Website and the Services, and for record-keeping purposes.
Limiting Use, Disclosure, and Retention
Resilient will use personal information only for the reasons it was collected, unless an individual gives consent to use or disclose it for another reason. Resilient will keep personal information only as long as necessary for the identified purposes. Resilient may share personal information with our affiliates and service providers who may be involved in delivering Resilient’s services, providing customer support, and conducting customer research or satisfaction surveys. These service providers are obligated to protect personal information, and they are only given the information necessary to perform their designated functions. Resilient does not authorize any service providers to use or disclose personal information for their own marketing or other purposes; however, they may collect information that they do not share with us in accordance with their own privacy policies. These service providers include:
- Stripe, a payment processing software and application programming interface, owned by Stripe, Inc., whose privacy policy can be found here or at https://stripe.com/en-ca/privacy;
- PayPal, a payment processing software, owned by PayPal Holdings, Inc., whose privacy policy can be found here or at https://www.paypal.com/ca/webapps/mpp/ua/privacy-full;
- Kajabi, an online website- and course-building software, owned by Kajabi, LLC, whose privacy policy can be found here or at https://kajabi.com/policies/privacy;
- Zoom, a videotelephony software program, owned by Zoom Video Communications, Inc., whose privacy policy can be found here or at https://zoom.us/privacy;
- Google Forms (or Google Surveys), a survey administration software, owned by Google LLC, whose privacy policy can be found here or at https://policies.google.com/privacy;
- Slack, a business communication platform, owned by Slack Technologies, Inc., whose privacy policy can be found here or at https://slack.com/intl/en-ca/trust/privacy/privacy-policy; and
- Mailchimp, a marketing automation platform and email marketing service, owned by The Rocket Science Group LLC, whose privacy policy can be found here or at https://mailchimp.com/legal/privacy/.
We may also share personal information with our financial, insurance, legal, accounting or other advisors that provide such professional services to us.
Personal information may be processed and/or stored outside of Canada. While we undertake measures to protect personal information, when it is stored and/or processed in other jurisdictions, the laws of other countries may not provide the degree of protection for personal information that is available in Canada. If personal information is transferred outside of Canada, it may be available to the foreign government of the country in which the information or entity controlling it is situated under a lawful order made in that country and used for purposes other than those described herein. By providing us with your information, you are allowing this personal information to be transferred outside of Canada.
Maintaining Accuracy
Resilient will keep the personal information and personal health information in its possession or control accurate, complete, current and relevant, based on the most recent information available to Resilient. You are responsible for notifying Resilient about the accuracy and completeness of your personal information and may have it amended as appropriate.
Safeguards
The safety and privacy of personal information and personal health information is our top priority. Personal information and personal health information will be protected by security safeguards appropriate to the nature and format of the information being stored. We strive to protect personal information from theft, loss, and unauthorized access, copying, modification, use, disclosure and disposal. We conduct audits and complete investigations to monitor and manage our privacy compliance. We ensure that all of our officers, directors, employees and agents protect your privacy and only use personal information for the purposes to which you have consented.
Openness about Policies and Procedures
We will readily make available specific information about our policies and practices related to the management of personal information. Individuals will have access to this information through this Privacy Policy or by contacting our Chief Privacy Officer. The information will be available in a format that is easy to understand.
Providing Individual Access
Except as restricted by law, upon written request by the individual or substitute decision maker, an individual will be informed of the existence, use and disclosure of her or his personal information and will be given access to that information. An individual will be able to challenge the accuracy and completeness of the information and may request to have it amended.
Questions and Compliance
We would be happy to answer any questions that you may have about your personal information, our privacy protection practices, or this Privacy Policy. You may contact us as follows:
Resilient Training and Rehabilitation Inc.
100 King St. W
Toronto, ON
M5X 1C7
Canada
E-mail: alex@resilientrehab.com
Phone: (416) 849-0927
You also have the right to complain to the Privacy Commissioner of Canada if you think we have violated your rights. If you are not satisfied with the resolution that we have provided, the Commissioner can be reached as follows:
Office of the Privacy Commissioner of Canada
30 Victoria Street
Gatineau, Quebec
K1A 1H3
Canada
Toll-free: 1-800-282-1376
Phone: (819) 994-5444
Fax: (819) 994-5424
TTY: (819) 994-6591
The Privacy Commissioner’s Website is http://www.priv.gc.ca.
Amendments to this Privacy Policy
In order to ensure that this Privacy Policy is kept up to date, we reserve the right to change this Privacy Policy from time to time. Any changes will be effective 30 days following Resilient providing you with notice. Notice of changes to the Privacy Policy may be distributed through Resilient newsletters or posted on the Resilient Website or any Services. Your continued use or access of the Website or Services after the effective date signifies your acceptance of and agreement to any changes. Please check this page regularly. The date last updated will be posted at the top or bottom of this page.
Posted: May 20, 2021