The purpose of this Privacy Statement is to inform you about the types of Personal Information that Ultimate Infratrainer Canada, Corporation (“Infratrainer Canada”, “we” or “us”) collects, uses and discloses. It explains how we use and disclose that information, the choices you have regarding such use and disclosure, and how you may correct that information.
We are proud to demonstrate our commitment to your privacy by complying with applicable privacy laws in Canada, including the Personal Information Protection Act (British Columbia) and the Personal Information Protection and Electronic Documents Act (and any regulations made thereunder).
From time to time, we may make changes to this Privacy Statement. The Privacy Statement is current as of the “last revised” date which appears at the top of this page. We will treat Personal Information in a manner consistent with the Privacy Statement under which it was collected, unless we have your consent to treat it differently. This Privacy Statement applies to any information we collect or receive about you, from any source.
This Policy applies to the processing of Individual Member and Employee Personal Data that Ultimate Infratrainer Canada receives in Canada concerning Individual Members or Employees who reside in Canada. Ultimate Infratrainer Canada franchises to third parties the right to operate Ultimate Infratrainer Canada Fitness Centers according to the Ultimate Infratrainer Canada System for operating boutique fitness centers with the potential for minimal overhead and labor costs under the registered trademarks “Ultimate Infratrainer Canada”. This Policy does not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. (The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.)
II. Responsibilities and Management
Ultimate Infratrainer Canada has designated the Legal Department to oversee its information security program, including its compliance with Canada’s Privacy Shield program. The Legal Department reviews and approves any material changes to this program as necessary. Any questions, concerns, or comments regarding this Policy may be directed to firstname.lastname@example.org
III. Collection and Use of Personal Data
- maintaining and supporting its products, delivering and providing the requested products/services, and complying with its contractual obligations related thereto (including managing transactions, reporting, invoices, renewals, and other operations related to providing services to an Individual Member);
- communicating with the Individual Member concerning promotions relating to our product/services;
- satisfying governmental reporting, tax, and other requirements (e.g., import/export);
- storing and processing data, including Personal Data, in computer databases and servers located in Canada;
- verifying identity (e.g., for online access to accounts);
- as requested by the Individual Member;
- to provide security services to Ultimate Infratrainer Canada Fitness Centers;
- for other business-related purposes permitted or required under applicable local law and regulation;
- and as otherwise required by law.
With respect to Employees, Ultimate Infratrainer Canada may collect Personal Data as part of the employment application process and stores and uses that Personal Data for the limited purpose of fulfilling HR functions and its other obligations as an employer. Ultimate Infratrainer Canada does not disclose Personal Information to third parties for purposes that are materially different than what it was originally collected for. Should this change in the future, we will provide individuals with the option to opt-out of such disclosure.
IV. Disclosures / Onward Transfers of Personal Data
Except as otherwise provided herein, Ultimate Infratrainer Canada discloses Personal Data only to Third Parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes. Such recipients must agree to abide by confidentiality obligations. Ultimate Infratrainer Canada may provide Personal Data to Third Parties that act as agents, consultants, and contractors to perform tasks on behalf of and under our instructions. For example, Ultimate Infratrainer Canada may store such Personal Data in the facilities operated by Third Parties. Such Third Parties must agree to use such Personal Data only for the purposes for which they have been engaged by Ultimate Infratrainer Canada and they must either:
- comply with the Privacy Shield principles or another mechanism permitted by the applicable Canada data protection law(s) for transfers and processing of Personal Data;
- or agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy;
Ultimate Infratrainer Canada also may disclose Personal Data for other purposes or to other Third Parties when a Data Subject has consented to or requested such disclosure. Please be aware that Ultimate Infratrainer Canada may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. Under certain circumstances, Ultimate Infratrainer Canada may remain liable for the acts of Third Parties who perform services on our behalf for their handling of Personal Data that we transfer to them.
V. Sensitive Data
Ultimate Infratrainer Canada does not collect Sensitive Data from its Individual Members or Employees.
VI. Data Integrity and Security
Ultimate Infratrainer Canada maintains reasonable and appropriate security measures to protect Personal Data from loss, misuse, unauthorized access, disclosure, alteration, or destruction in accordance with the Privacy Shield.
VII. Accessing Personal Data
Ultimate Infratrainer Canada personnel may access and use Personal Data only if they are authorized to do so and only for the purpose for which they are authorized.
VIII. Right to Access, Change, or Delete Personal Data
Right to Access
Individual Members or Employees have the right to access the Personal Data that we hold about them and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If Individual Members or Employees would like to request access to, correction, amendment, or deletion of Personal Data, they can submit a written request to the contact information provided below. We may request specific information from the requestor to confirm and authenticate identity. In some circumstances, we may charge a reasonable fee for access to such information.
Satisfying Requests for Access, Modifications, and Corrections
Ultimate Infratrainer Canada will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data.
IX. Changes to this Policy
This Policy may be amended from time to time, consistent with the Privacy Shield Principles and applicable data protection and privacy laws and principles. We will make Individual Members and Employees aware of changes to this policy either by posting to our website, through email, or other means. We will notify Individual Members or Employees if we make changes that materially affect the way we handle Personal Data previously collected, and we will allow them to choose whether their Personal Data may be used in any materially different manner.
X. Questions or Complaints
Canada’s Individual Members may contact Ultimate Infratrainer Canada with questions or complaints concerning this Policy at the following address: email@example.com
Canada’s Employees may contact Ultimate Infratrainer Canada with question or complaints concerning this Policy by contacting the Ultimate Infratrainer Canada Legal Department.
XI. Enforcement and Dispute Resolution
In compliance with Canada Privacy Shield Principles, Ultimate Infratrainer Canada commits to resolve complaints about your privacy and our collection or use of your personal information. Canada’s Individual Members with questions or concerns about the use of their Personal Data should contact us at firstname.lastname@example.org. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your Personal Data within 45 days of receiving your complaint. Ultimate Infratrainer Canada has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB CAD Privacy Shield, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Ultimate Infratrainer Canada, please visit https://www.bbb.org/bbb-canada-dispute-handling-and-resolution/bbb-dispute-resolution-process/ for more information and to file a complaint. Finally, as a last resort and in limited situations, Canada individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism. For more information on binding arbitration, see CAD Department of Commerce’s Privacy Shield Framework: Annex I (Binding Arbitration). Ultimate Infratrainer Canada commits to cooperate with the panels established by the CAD data protection authorities (DPAs) and/or the Canada’s Data Protection and Information Commissioner, as applicable, and to comply with the advice given by such panel and/or Commissioner, as applicable, with regard to human resources data transferred from Canada, as applicable, in the context of the employment relationship. CAD Employees with a complaint can contact: https://iclg.com/practice-areas/data-protection-laws-and-regulations/canada
If you have any questions about this Policy or would like to request access to your Personal Data, please contact us as follows: Ultimate Infratrainer Canada (physical address), email@example.com
Changes To This Policy
We reserve the right to amend this Policy from time to time consistent with the Privacy Shield requirements.
- Effective Date: February 1, 2018
- Last Modified: June 12, 2018
XII. Defined Terms