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LAST UPDATED: September 27, 2013
YOUR PRIVACY: OVERVIEW
If you are a consumer in Canada, this privacy policy ("Privacy Policy") explains how TheraFun Inc. and our subsidiaries and affiliated companies, collect, use, process, disclose, and retain your personal data when you access or use our websites, and any other applications, products, or services that display this Privacy Policy (collectively, the “Services”). This Privacy Policy also applies to personal data we collect when you shop in our stores, register for and attend our events, engage with us on social media, join a membership program, or otherwise interact with us.
Please review this Privacy Policy carefully. Note that we provide different or additional privacy notices in connection with certain activities, programs, and offerings. These notices may supplement or clarify our privacy practices and may provide you with additional choices about how we process your personal data. Our privacy practices are subject to applicable laws in the places in which we operate, which means we engage in the practices described in this notice in a particular country or region only as permitted under the laws of such jurisdictions.
REVISIONS TO THIS PRIVACY POLICY
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. If we make material changes to this Privacy Policy, we will provide you with additional notice (such as adding a statement to our websites’ homepages or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.
CONTENTS
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COLLECTION OF PERSONAL DATA
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USE OF PERSONAL DATA
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DISCLOSURE OF PERSONAL DATA
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ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS
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RETENTION OF PERSONAL DATA
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THIRD PARTY SITES
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YOUR CHOICES
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ADDITIONAL INFORMATION FOR AMBASSADORS
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CONTACT US
COLLECTION OF PERSONAL DATA
In this Privacy Policy, "personal data" means any information that is related to an identified or reasonably identifiable natural person, or as otherwise defined under applicable law. The types of personal data we collect about you depend on your interactions with us and are described in more detail below.
PERSONAL DATA YOU PROVIDE DIRECTLY TO US
We collect personal data directly from you when you use our Services or otherwise interact with us. The types of personal data we collect depends on how you interact with us or use our Services. We may collect the following categories of personal data.
Profile Data. We collect information or content you provide to us in connection with an account or profile, such as when you register for an account, create a profile, participate in our membership programs, fill out a form, or when you make a purchase. Examples of profile data we may collect include your name, email address, phone number, mailing address, account login name and password.
Demographic Data. We may collect demographic data when you fill out forms or surveys or sign up for and participate in events, contests, sweepstakes, promotions, and special programs that we provide. Examples of such information include age and gender.
Transaction Data. We collect transaction information related to the use of our Services or your purchases. Examples of information collected include the type of products or services requested or provided, order details, delivery information, amount charged, payment method, credit card information, billing or shipping information, customization services for TheraFun products, and information about any products or services you returned or exchanged with us. If you make a purchase, we work with third-party payment processors to collect and process your payment information.
Communications Data. We collect information when you communicate with us or others on our Services, such as when you request additional information about products or services, interact with our customer service team, or sign up to receive our email newsletters or marketing messages. We also collect communications data when you interact with us on social media, such as by tagging us and/or our products or permitting us to follow your social media profile. Examples of such data may include your contact information, the date and time of your communications, online identifiers, social media profile, and the content of your communications.
User Content. We collect any other information or content you provide to us, such as when you provide design or product feedback, make other submissions to us, participate in any of our experiential offerings at events sponsored by us, or use other features of our Services that may be offered from time to time, which may require the collection of certain personal data in order to utilize the features. Examples of user content may include information about your opinions, feedback, preferences, text, images, and any other personal data you choose to provide in your interactions with us.
PERSONAL DATA WE COLLECT AUTOMATICALLY
We automatically collect certain personal data when you access and use our Services or shop in our store. The types of information we collect may include:
Device and Network Data. We collect certain information about the device you use to access our Services. Examples of such data include your device’s hardware model, browser type, IP address, operating system version, language settings, unique device identifiers, advertising identifiers, serial numbers, device motion data, screen resolution, usage and traffic data, how your device interacts with the Services, network information, and mobile network data.
Usage Data. We collect information about your activity on our Services via log files, cookies, web beacons, and other tracking technologies. Examples of such data include your access dates and times, pages or screens viewed, how long you spent on a page or screen, the routes by which you access our Services, searches you conduct on the Services, information about your activity on a page or screen, your use of any hyperlinks available within our Services, information about your interactions with our emails, your Internet service provider (ISP), Mobile Advertising ID, media access control (MAC) address, and identifiers associated with browser cookies, web beacons, and similar technologies we deploy on our Services (for more information about cookies and how to disable them, see the COOKIES section below).
Audio, or Video. We may collect audio or video that you submit to us. Examples of such data include video recordings when you reach out to our Contact Center.
PERSONAL DATA WE COLLECT FROM OTHER SOURCES
We may collect personal data about you from other sources. For example, we may collect personal data about you from:
Publicly available sources;
Other guests or third parties providing information in connection with a dispute;
Carriers or other third parties when they provide your updated delivery and address information to us, which we use to correct our records and deliver your next purchase or communication;
Third-party platforms, such as Facebook, Twitter, Google, Spotify, and Instagram, that you use to interact with our Services (e.g., to create an account) or that allow you to provide information to us (e.g., via plugins, widgets or other tools), but always in accordance with the authorization procedures and privacy settings you establish with such services; and
Unaffiliated parties, such as our service providers, analytics companies, marketing or advertising service providers, fraud prevention service providers, consumer data resellers, and other third parties that provide us with information, so we can better understand you and provide you with information and offers that may be of interest to you.
PERSONAL DATA WE DERIVE
We may derive information or draw inferences about you based on the other types of personal data we collect. For example, we may infer your location based on your IP address, or your purchasing habits based on your browsing behavior on our Services.
USE OF PERSONAL DATA
We collect and use personal data for various purposes, including to:
Provide Products and Services. Provide, administer, deliver, customize, support, maintain, and improve our products, events, services, and membership programs;
Complete Transactions. Complete the transactions you request, perform our contractual obligations, including processing payments through third-party vendors, and as otherwise anticipated within the context of our ongoing business relationship;
Manage Accounts. Create and manage your online accounts, profiles, and membership programs;
Service Communications. Send communications related to your account, participation in membership programs, purchases, exchanges, and returns;
Respond to You. Respond to your requests and any other communications from you, including to provide customer service;
Advertising and Marketing. Send advertising or marketing communications about products, services, offers, promotions, rewards, and events offered by TheraFun and others, and provide news and information that we believe may be of interest to you. Our marketing and advertising will be conducted in accordance with your advertising marketing preferences and as permitted by applicable law;
Events and Offers. Offer, conduct, and administer events, classes, contests, prize draws, sweepstakes, and other promotions;
Research and Development. Conduct research and development;
Personalize Your Experience. Monitor, analyze, and audit your engagement with our brand and your interactions with our Services and online ads to better understand your interests and behaviors and customize your experience;
Safety and Security. Detect and protect against malicious, deceptive, or illegal activity, including fraudulent transactions, error, negligence, and breach of contract, security incidents, and harm to the rights, property or safety of TheraFun and our users, customers, employees, or others;
Troubleshooting. Debug, identify, and repair errors that impair existing intended functionality of our Services;
Corporate Transactions. We may process personal data in the context of corporate acquisitions, mergers, or other corporate transactions;
Your Consent. We may process your personal data in accordance with your consent, intentional direction, or instructions;
Comply with Legal Obligations. Comply with our legal or regulatory obligations, including our tax obligations and those related to the prevention of fraud and money laundering, and those required for you to benefit from rights recognized by law, or any regulatory requirements or provisions; and
Reasonable Other Purposes. As permitted by applicable law, carry out certain short-term activities and other reasonable purposes related to the products or Services you purchase from us or your ongoing relationship with us. Where required by applicable law, TheraFun will provide a notice of such data processing prior to using your personal data for such purposes.
DISCLOSURE OF PERSONAL DATA
We share personal data for the purposes described below:
With our Affiliates and Subsidiaries. We disclose your personal data with our holding company, subsidiaries, and affiliates for the purposes described in the “USE OF PERSONAL DATA” section above.
With our Service Providers. We disclose personal data with unaffiliated companies or individuals we hire or work with that perform services on our behalf, including customer support, web hosting, information technology, payment processing, financing, product fulfillment, fraud control, marketing and database management, direct mail and email distribution, events, contest, sweepstakes and promotion administration, music integration, extended warranty services, and advertising and analytics services. These service providers have access to personal data needed to perform their services, but may not use it for other purposes.
In Connection with a Corporate Transaction. Personal data may be disclosed or transferred as part of, or during negotiations of any purchase, sale, lease, merger, amalgamation, or any other type of acquisition, disposal, securitization or financing involving TheraFun.
With our Professional Advisors. We disclose personal data with our legal, financial, insurance, and other advisors in connection with the kinds of corporate transactions described above or in connection with the management of all or part of TheraFun’s business or operations.
With Law Enforcement Authorities and Individuals Involved in Legal Proceedings. We disclose personal data when we believe doing so is reasonably necessary to comply with applicable law or legal process (including an enforceable request from authorities), to respond to claims (including inquiries by you in connection with your purchases from TheraFun), enforce or apply our TERMS OF USE, or to protect the rights, property, or personal safety of TheraFun, our users, employees, or others.
Aggregated, Anonymized or De-identified Data. We may also disclose aggregated, anonymized, or de-identified information, which cannot reasonably be used to identify you.
ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS
We may allow others to provide analytics services and serve advertisements on our behalf across the web and in mobile applications. These entities may use cookies, web beacons, device identifiers, and other tracking technologies which collect information about your use of the Services and other websites and applications. This information may be used by TheraFun and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interest on our Services and other websites, and better understand your online activity. For advertisements on any third party platforms, please refer to the particular third party platform’s privacy policy to learn more about your choices.
DATA TRANSFERS AND RETENTION
DATA TRANSFERS
We have operations and vendors in Canada, the United States and other countries. Therefore, we and our service providers, who perform work for us or act on our behalf may transfer your personal data to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. Where required by law, we provide adequate protection for the transfer of personal data in accordance with applicable law, such as by obtaining your consent, setting up contractual obligations with our service providers, relying on the European Commission’s adequacy decisions, or executing Standard Contractual Clauses. Where relevant, you may request a copy of these Standard Contractual Clauses by contacting our Privacy Officer at PRIVACYOFFICER@theraFunshop.com.
If you are a Quebec resident, this means your personal information may be transferred outside of Quebec.
If you are a Quebec resident, your personal information may be transferred to disclosed to service providers located outside of Quebec.
RETENTION OF PERSONAL DATA
We retain personal data in accordance with applicable law. Unless otherwise required by applicable law, TheraFun will take reasonable steps to destroy or permanently de-identify personal data we hold if such personal data is no longer needed for the purpose for which it was collected.
THIRD PARTY SITES
Please note that our websites contain links to third-party websites that are not controlled or operated by TheraFun. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that TheraFun does not accept any responsibility or liability for these policies. Please review these policies before you disclose any personal data when visiting such third-party websites.
YOUR CHOICES
Consistent with applicable law, you may exercise any of the choices described in this section.
ACCESS & DATA PORTABILITY
In certain jurisdictions, applicable law may entitle you to request access to or copies of your personal data stored by TheraFun via our contact centerl. You may also be entitled to request copies of personal data that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
CORRECTION
You may review and modify your account and profile information by logging into your online account at any time. If you cannot update the information yourself, you can also contact us directly and request that we update your account or profile information.
DELETION
In certain jurisdictions, applicable law may entitle you to request deletion of your personal data stored by TheraFun via our contact center. Please note that if you request the erasure of your personal data, we may retain and/or use your personal data to:
Exercise our legitimate business interests, such as fraud detection and prevention and enhancing safety against malicious, deceptive, fraudulent or illegal activity, and/or to prosecute those responsible for such activity;
Establish, exercise or defend legal claims, or comply with applicable law;
Perform our contract to which you are a party or in order to take steps at your request prior to entering into a contract;
Perform a task carried out in the public interest or in the exercise of official authority vested in TheraFun;
Identify, debug and/or repair errors that impair intended functionality;
Exercise free speech, and ensure the right of others to exercise their free speech or another right provided by law;
Complete a transaction and/or provide a good or service requested by you or reasonably anticipated by you within the context of the business relationship, or to otherwise perform the contract;
Protect your vital interests, or the vital interests of others; and,
As otherwise permitted under applicable law.
MARKETING COMMUNICATIONS
You may opt out of receiving promotional communications from us by following the instructions in those communications or by logging into your online account and changing your communications preferences. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
MOBILE PUSH NOTIFICATIONS/ALERTS
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
COOKIES AND SIMILAR TRACKING TECHNOLOGIES
Like many websites, TheraFun uses cookies to analyze visits to our websites and emails and help us improve our website, services and marketing campaigns. Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies. Please follow your browser’s process for doing so. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our websites.
CATEGORIES OF PERSONAL DATA COLLECTED
In the preceding 12 months, we have collected the following categories of personal data: identifiers, characteristics of protected classifications, commercial information, internet and electronic network activity, geolocation data, audio, visual, or other sensory information, inferences drawn about your preferences, and other categories of personal data that relate to or are reasonably capable of being associated with you. For examples of the precise data points we collect and the categories of sources of such collection, please see “COLLECTION OF PERSONAL DATA” section above.
BUSINESS OR COMMERCIAL PURPOSE FOR COLLECTING, USING, AND DISCLOSING DATA
We collect, use, and disclose personal data for the business or commercial purposes described in the “USE OF PERSONAL DATA” section above.
CATEGORIES OF PERSONAL DATA DISCLOSED AND CATEGORIES OF THIRD-PARTY RECIPIENTS
In the preceding 12 months, we have disclosed the following categories of personal data for business or commercial purposes to the following third parties:
We disclose identifiers to advertising networks, Internet service providers, data analytics providers, operating systems and platforms, social networks, payment processors, fulfilment partners, customer support partners, events and promotions partners, and fraud prevention partners.
We disclose internet and electronic network activity information to advertising partners, Internet service providers, data analytics providers, operating systems and platforms, internet service providers, customer support partners, and fraud prevention partners.
We disclose commercial information to advertising partners, data analytics providers, payment processors, fulfilment partners, customer support partners, and fraud prevention partners.
We disclose audio, visual, information to customer support partners, events and promotions partners, and fraud prevention partners.
We disclose geolocation data, characteristics of protected classifications, and inferences to advertising networks, Internet service providers, data analytics providers, and fraud prevention partners.
SALE OF PERSONAL DATA
TheraFun does not sell your personal data.
YOUR PRIVACY RIGHTS
Subject to certain limitations and in addition to the choices enumerated under the “YOUR CHOICES” section in the Privacy Policy, you have the right to (1) request to know more about the categories and specific pieces of personal data we collect, use, and disclose, (2) request deletion of your personal data, (3) opt out of any sales of personal data that may be occurring, and (4) not be discriminated against for exercising these rights. You can make these requests by calling 1-844-455-8903 or by visiting our PRIVACY PORTAL. After submitting your request, please monitor your email for a verification email. We are required by law to verify your identity prior to granting access to or deleting your personal data in order to protect your privacy and security. Please note that you may designate an authorized agent to exercise these rights on your behalf by providing the authorized agent signed permission to submit the request on your behalf. If an authorized agent submits a request on your behalf, we may need to contact you to verify your identity and protect the security of your personal data.
We will not discriminate against you if you choose to exercise your rights.
NOTICE OF FINANCIAL INCENTIVES
We offer various financial incentives. For example, we may provide discounts, coupons, or other benefits to customers who join membership programs or sign up to receive our marketing emails or text messages. When you participate in a financial incentive, we collect personal data from you, such as identifiers (like your email address or phone number), commercial information (like your purchase preferences and interests or purchase history), professional or employment-related information, inferences drawn about your preferences, and other categories of personal data that relate to or are reasonably capable of being associated with you. You can opt into a financial incentive by following the sign-up or participation instructions provided, and, for any ongoing benefits, you can opt-out at any time, such as by following the unsubscribe instructions in the applicable program’s terms and conditions, promotional emails, or text messages, or contacting us at privacyofficer@TheraFunshop.com. In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you when you sign up. The value of your personal data is reasonably related to the value of the offer or discount presented to you.
ADDITIONAL INFORMATION FOR AMBASSADORS
If you are a TheraFun ambassador, this section also applies to you. We may collect additional identifiers, such as your passport number and social security number, user-generated content such as product reviews, professional or employment-related information, and other information you provide to us. We may also collect information about your activity on our intranet or other collaboration platforms via log files, cookies, web beacons, and other tracking technologies. We may collect and use your personal data to manage the ambassador program, such as to conduct pre-participation checks or references, process and payments, and conduct performance reviews. We may disclose your personal data with other users of the Services or the public.
CONTACT US
If you have any questions or comments about this Privacy Policy, you may email us at PRIVACYOFFICER@TheraFunshop.COM.
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