Privacy Policy
This is the privacy policy (“Policy”) of Opscotch Canada Inc., its subsidiaries and affiliates (collectively, “Opscotch”). Opscotch Canada is committed to protecting your right to privacy when you provide us with personal information. This Policy sets out how we collect and manage personal information, whether that information is collected via our website (“Website”) and through selling and providing our memberships (“Memberships”) and products (the “Products”) on the Website or otherwise, including mobile apps (the Website, collectively with the other websites, apps and portals to access Memberships, the “Sites”). In this Policy, the terms "you", "user" and "your" refer to a visitor of any of our Sites, member of our Memberships or user of the Products and the terms “we”, “us” and “our” refer to Opscotch Canada.
Please read this Policy carefully before using any of our Sites. We may also update or modify this Policy at any time by posting our revised policy to our Sites. We include an “effective date” in the Policy displayed on our Sites. We strongly encourage you to refer back to the Policy periodically to ensure that you stay up to date with our practices and procedures.
By using any of our Sites, you agree that you have read, understood, and agree to be bound by this Policy, including any updates to the Policy.
By submitting personal information to us or by otherwise participating in or applying for our Memberships, using any of our Products or our Sites, you hereby consent to the collection, use and disclosure of your personal information in accordance with this Policy. If you do not agree with some or all of this Policy, please do not apply for or participate in the Memberships, use the Sites or order our Products.
In the course of providing services through our Sites, including providing the Memberships and Products and off-line, we may collect, use and disclose your personal information.
“personal information” means information that can identify an individual, and includes, for example, a person’s name, home address, home phone number, gender, date of birth, health information, language preference, email address, credit card information, bank account information, or account information. Personal information in Canada does not include information to enable an individual at a place of business to be contacted, such as their name, position name or title, business telephone number, business address, or business email address.
Privacy Offer
Opscotch Canada’s Privacy Officer is the Chief Executive Officer. The Privacy Officer is generally responsible for ensuring compliance with applicable privacy legislation. The Privacy Officer must approve the policies and practices regulating the governance of personal information. More specifically, this person is responsible for implementing this Policy and ensuring that it is known, understood and applied. In the event of the absence or inability to act of the Privacy Officer, a Director of Opscotch Canada will assume the duties of the Privacy Officer.
Opscotch Canada employees who have access to personal information or are otherwise involved in the management of such information must ensure its protection and comply with this Policy.
The roles and responsibilities of Opscotch Canada's employees throughout the life cycle of personal information may be specified by any other Opscotch Canada policy in this regard, if applicable.
Consent
It is important to us that we collect, use or disclose your personal information only where we have your consent to do so or as provided in this Policy. Depending on the sensitivity of the personal information, your consent may be express, implied or deemed. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you order our Products or participate in our Memberships, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to your order or for other purposes identified to you at the relevant time. Deemed consent is consent we assume in the event that you do not exercise an opt-out mechanism offered to you.
By submitting your personal information to us or obtaining our Products or applying for and participating in our Memberships, you consent to the collection, use and disclosure of your personal information in the manner described in this Policy.
To the extent that we are required by applicable laws to obtain your explicit consent for the collection, use or disclosure of your personal information in accordance with this Policy, such consent will be requested at the appropriate time. Further, if we plan to use or disclose your personal information for a purpose not previously identified (either in this Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure. However, we may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.
You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting the office of our Privacy Officer using the contact information set out below. In some circumstances, a change or withdrawal of consent may limit our ability to provide Products or Memberships to you or your ability to access certain areas of our Sites.
We assume, unless you advise us otherwise, that by receiving a copy of this Policy or by continuing to deal with us, you have consented to the collection, use and disclosure of your personal information as explained in this Policy.
Consent
It is important to us that we collect, use or disclose your personal information only where we have your consent to do so or as provided in this Policy. Depending on the sensitivity of the personal information, your consent may be express, implied or deemed. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you order our Products or participate in our Memberships, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to your order or for other purposes identified to you at the relevant time. Deemed consent is consent we assume in the event that you do not exercise an opt-out mechanism offered to you.
By submitting your personal information to us or obtaining our Products or applying for and participating in our Memberships, you consent to the collection, use and disclosure of your personal information in the manner described in this Policy.
To the extent that we are required by applicable laws to obtain your explicit consent for the collection, use or disclosure of your personal information in accordance with this Policy, such consent will be requested at the appropriate time. Further, if we plan to use or disclose your personal information for a purpose not previously identified (either in this Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure. However, we may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.
You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting the office of our Privacy Officer using the contact information set out below. In some circumstances, a change or withdrawal of consent may limit our ability to provide Products or Memberships to you or your ability to access certain areas of our Sites.
We assume, unless you advise us otherwise, that by receiving a copy of this Policy or by continuing to deal with us, you have consented to the collection, use and disclosure of your personal information as explained in this Policy.
Collection of Personal Information
We will only collect personal information as permitted under the applicable federal and provincial privacy legislation. We may collect information in a variety of ways, including where you:
- submit an application, or make financial payment, to join a Membership;
- are signed up for one of our Memberships (each a “Member”) and, additionally, where data is provided through a WHOOP device, a TruDiagnostic test, a SiPhox test (or any similar device or test) to us from the applicable third party provider;
- use a WHOOP device, where you agree that WHOOP may share your personal information with us;
- place an order for any of our Products;
- request us to provide you information about our company and promotional offers;
- send us an email inquiry either through one of our Sites or directly to our email;
- use our chatbot or social media features;
- contact us by telephone; and
- provide feedback in an online survey.
By submitting information to us, you consent to us collecting your information.
We may also collect aggregate information which tells us about visitors to our Sites and information regarding our Memberships, but not the identity of those visitors. For example, we may collect information about the date, time and duration of visits and which pages of our Sites are most commonly accessed. Data collected through our Sites on an anonymous and aggregated basis helps us measure interest in and use of our Sites. The purpose of collecting this aggregate information is to help us administer and improve our Sites
The Sites also use Google Analytics to gather information about users’ usage of the Sites. We utilize this information to make educated metric-based decisions to improve the user experience of the Sites. You can opt out of Google Analytics tracking by installing the Google Analytics Opt-Out Browser Add-on.
How We May Use Your Information
Personal information collected by us is used only for the purposes described in this Policy, or for other purposes which are disclosed to you and to which you consent.
We generally use your personal information to:
- create and secure your registered member account if you are a Member;
- identify you as a Member in our system;
- if you are a Member, provide you with services related to your Membership;
- communicate with you about our Sites, Products and services;
- process orders that you submit to purchase our Products;
- provide us with information in order to improve our Sites, Products and services and to develop new Products and services;
- request feedback through an online survey;
- investigate security breaches, or cooperate with government authorities pursuant to a legal matter;
- fulfill your requests;
- send to you newsletters, surveys, offers and promotional materials related to our Sites, Products and services and for our other marketing purposes;
- monitor traffic on our Sites;
- determine the future direction of our Sites, including technical upgrades;
- protect, investigate and prevent potentially fraudulent, unauthorized or illegal activities;
- protect our rights and the rights of other registered users;
- aggregate and anonymize personal information; and
- otherwise manage our relationship with you.
We may aggregate personal information regarding Members (including information collected by WHOOP, TruDiagnostic, SiPhox and similar providers) and use this information to provide the membership community with statistics and other information regarding community qualities, such as the percentage of Members that are interested in weight management. For aggregations regarding Members, we will use this information to inform the membership community and non-members of trends and to analyze the Memberships. We take ownership over these aggregations of data and we reserve the right to also provide such anonymous and aggregated data to third parties. We confirm that no personal information will be included in these aggregations and that the data forming the aggregations will not be capable of being deidentified.
Personal information collected by us is used only for the purposes described in this Policy, or for other purposes which are disclosed to you and to which you consent.
How We Share Your Personal Information
We may disclose or share your personal information in the following circumstances:
- protecting our rights and property, including for security breach, loss or fraud prevention, investigation or mitigation purposes;
- protecting the safety of a person or a group of persons;
- with third party service providers and partners that help us to provide our Sites, Products and services, including website hosting, data warehousing, data analysis, event logging, information technology, customer service, payment processing, user analytics and email delivery and messaging. If you are a Member, we may share your personal information with TruDiagnostic or SiPhox to order obtain testing for you or with other service providers to obtain services for you related to your Membership;
- with a third party, in the event of a change in ownership of all or a part of us through some form of merger, purchase, sale, lease or amalgamation or other form of business combination, provided that the parties are bound by appropriate agreements or obligations which require them to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Policy, unless you indicate otherwise;
- other purposes identified when the personal information is collected, or as permitted or required by law;
- with any third party, where you have provided your consent for such disclosure or where disclosure is required or permitted by law; and
- other purposes, some of which have been identified in other sections of this Policy.
Links
Our Sites may contain links to the websites of other organizations which may be of interest to you. Similarly, you may be directed to the websites of other organizations to perform certain functions provided on our Sites. Linked websites are operated by third parties who are responsible for their own privacy practices and you should check those websites for their respective privacy policies. Please refer to our Terms of Use for further information in relation to links to third party websites.
Security
We use reasonable and appropriate measures, including encryption software, designed to help you secure your personal information against accidental or unlawful loss, access or disclosure. Only staff and service providers who have a legitimate business purpose for accessing the personal information collected by us are authorized to do so. Unauthorized use of personal information by anyone affiliated with Opscotch Canada is prohibited and constitutes grounds for disciplinary action.
Unfortunately, no data transmission over the Internet can be guaranteed as completely secure. While we strive to protect such information, we cannot ensure or warrant the security of any information transmitted to us and you do so at your own risk.
Where we share your personal information with third parties, such as TruDiagnostic or SiPhox, we will take reasonable efforts to ensure that your personal information is protected. However, we cannot control how such third party providers deal with personal information. Such providers may share personal information with other service providers. As such, you may wish to familiarize yourself with the privacy practices of these providers before you agree to use their services.
You are solely responsible for ensuring that you do not disclose your account access information to third parties. This includes but is not limited to not disclosing such information to anyone, ensuring that sufficient security software is installed and running on your computer, smartphone or tablet, that your network firewall is of sufficient quality and that your wireless connection is encrypted to a degree that will prevent third party access. We are not responsible for any failure by you to secure your own device and its access to the Internet or your use of public, unsecured networks. We are also not responsible for any failure by you to eliminate malware. These failures and others can make you vulnerable to privacy breaches and would put you and your data at risk.
Personal information collected by Opscotch Canada or third parties referenced herein may be stored and processed in another country and by using the Sites, you consent to any such transfer of information outside of Canada. We will use reasonable measures to ensure all personal information is protected, but cannot ensure that the laws of other countries will offer the same level of protection as Canadian laws. By submitting your personal information to us, you hereby consent to the transmission, processing and/or storage of personal information outside of Canada.
Cookies and similar technology
In order to improve our Sites on an ongoing basis, we use cookies to track your visit. The Sites also use cookies to provide users with certain features and preference settings.
A cookie is a small amount of data that is transferred to your browser by a web server and can only be read by the website that gave it to you. It functions as your identification card. It is not a program and cannot be executed as code or deliver viruses.
Cookies can also customize the site to your particular interests or store your personal information – like passwords or user IDs. If a site ever greets you with your name, chances are it’s using a cookie to do so.
Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie – this gives you the chance to decide whether to accept it. To learn more about cookies and how to change your settings, please use the help function in your browser. The alerts will be quite frequent, however, and may eventually become annoying.
You can use the Sites without cookies, but you may have to re-enter information each time you visit. When you visit our Sites, Google Analytics adds a cookie to distinguish you from other users and track your behaviour across our Sites. We use this information to improve the user experience of the Sites. The cookie lasts for up to 2 years. You can read about this in the Google Analytics Privacy Policy.
Similarly, we may also collect information regarding the type of device, your operating system, the browser you use, your internet service provider, your domain name, your internet protocol (IP) address, the date and time that you accessed our service, the website that referred you to one of our Sites, the web pages you requested and the subject of the ads you click or scroll over, and use such information to evaluate service performance and service quality and to optimize the user’s experience of our Sites. To collect this information, we use cookies, web beacons and similar technologies.
Direct Marketing
We are committed to complying with Canada’s Anti-Spam Legislation. Where we have your consent or it is lawful to do so, we may provide you with direct marketing communications about our Products and services which may be of interest to you. Such information may be sent to you by post, email, telephone or SMS.
If you have consented to receiving marketing materials from us, you can withdraw your consent to receiving those communications at any time by:
- using the “unsubscribe” mechanism in our emails;
- if you have created an account on one of our Sites, logging into your account and changing your contact preferences; or
- contacting our Privacy Officer using the contact information provided below.
However, we reserve the right to send you transactional or informational emails such as customer service communications in connection with the Products and services you have purchased or changes to our Sites, your account or our policies.
Access to and Corrections of Your Information
You have the right to know what personal information we have about you, which categories of Opscotch Canada personnel have access to it, how long it is retained and to correct any inaccuracies. If a Site allows you to create an account, your personal information is available when you log in to your account and you may correct this information at any time. Otherwise, please direct any such requests by email to hello@opscotch.com.
Data Retention
We may retain your personal information as long as is necessary in order to manage our relationship with you (or fulfill the purposes for which it was collected) or as otherwise permitted by law. We will destroy personal information when it is no longer required for the purposes for which it was collected or as required by applicable law.
Complaint Handling Process
Any person who wishes to make a complaint concerning the application of this Policy or, more generally, the protection of his or her personal information by Opscotch Canada, must do so in writing to our Privacy Officer at the e-mail address indicated in the following section.
The individual must provide his or her name, contact information, including a telephone number, as well as the subject of the complaint and the reasons for the complaint, in sufficient detail to allow Opscotch Canada to evaluate the complaint. If the complaint is not specific enough, the Privacy Officer may request any additional information deemed necessary to assess the complaint.
Opscotch Canada undertakes to treat all complaints received as confidential. Within thirty (30) days following receipt of the complaint or of all additional information deemed necessary and required by Opscotch Canada’s Privacy Officer in order to process the complaint, the Privacy Officer shall evaluate the complaint and provide a written response. The purpose of this assessment will be to determine whether Opscotch Canada’s handling of personal information complies with this Policy, any other policies and practices in place within the organization, and applicable legislation or regulations.
Opscotch Canada shall maintain a separate file for each complaint received, each of them containing the complaint, the analysis and documentation supporting the assessment, as well as the response sent to the person who filed the complaint.
It is also possible to file a complaint with the Commisson d’accès à l’information du Québec in Quebec or any other provincial privacy oversight body responsible for the applicable law. However, Opscotch Canada invites any interested party to first contact its Privacy Officer and wait for Opscotch Canada’s process to be completed.
Contacting Us
If you have any questions or comments about this Policy, your information, our third-party disclosure practices or your consent choices, please contact our Privacy Officer at hello@opscotch.com.