Your Personal Information

PRIVACY POLICY

My privacy policy contains all the information you need to know about the collection and use of your personal information.

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Privacy Policy

Last Modified: September 25, 2020

mdkPHYSIO is a sole proprietorship owned by Michael Kirby, a Registered Physiotherapist (#7893) located in Calgary, Alberta, Canada. Further to my terms of service (https://mdkphysio.com/terms/) (the “Terms”), this Privacy Policy sets out how I collect, store and use personal information and cookies.  Unless otherwise indicated, any capitalized terms in this Privacy Policy have the same meaning attributed to them in my Terms.

By agreeing to my Terms or by using my Website, you consent to the collection and use of personal information in accordance with this Privacy Policy, which may be updated from time to time.

If you believe that I have not adhered to this Privacy Policy or would like to request an amendment to personal information being held by me, please contact me via the online form at https://mdkphysio.com/get-started/.

PART I: COLLECTION OF PERSONAL INFORMATION

The Personal Information of Other Individuals

Personal information may be collected in the establishment of an account on the mdkPHYSIO website.

To the extent you (or your users) provide me with, or upload data that includes the personal information of another individual, you represent and warrant that you have that individual’s consent to provide me with their information to use in accordance with this Privacy Policy and my Terms. If you do not have their consent, you agree not to upload or provide me with any such personal information.

To establish an account with me or use my Website, I may collect the following personal information:

  • Full name;
  • Business name(s);
  • The type or nature of your business;
  • Domain name(s) to be used for website I build for you;
  • Business address;
  • Billing Address;
  • Email address;
  • Phone number;
  • Banking and/or credit card information (collected via a third party payment processor);
  • IP address;
  • Website statistics and analytics data regarding your use of my Website;
  • Other types of raw data relating to how you interact with my Website, for example, your browser information and session duration; and
  • All other information you voluntarily provide to me.

To carry out services including but not limited to the development of exercise and fitness programs, I may collect the following personal information:

  • Personal scheduling information, such as the time(s) that you are most available to exercise;
  • Performance metrics including but not limited to previous exercise test results, best performances during events, current weekly activity duration and/or distance (ie. Weekly running mileage) and other information specific to sport and exercise performance;
  • Exercise, sport and fitness related goals;
  • Availability and type of exercise equipment to you;
  • Personal barriers to accomplishing fitness and exercise related goals, such as work-life balance;
  • Information collected from exercise screening tools such as the Physical Activity Readiness Questionnaire (PAR-Q) and Get Active Questionnaire (available at https://csep.ca);
  • All other information you voluntarily provide as it pertains to your health, scheduling, and exercise performance.

Payment Processing

If you are using non-physiotherapy services such as coaching services, I may also collect credit card and payment information from you via a third-party payment processor integrated with QuickBooks Online offered by Intuit Inc. and their affiliates. When you provide your payment details, you are providing them to the applicable payment processor.  You acknowledge that my third-party payment processors may have their own agreements which apply to you. While I will not have access to your entire credit card number, I will be able to bill your credit card and may have access to certain card and payment details such as the name on your card, billing address and card expiration date.  If you have questions regarding my payment processor, please contact me.

PART II: THE USE OF PERSONAL INFORMATION

I do not sell your personal information to third-parties. However, I may use personal information to:

  • Facilitate the operation of my services, including for example, providing quotes to you, developing your exercise programs, developing fitness related and personal goals with you and answering your questions as it pertains to exercise training and your fitness;
  • Bill and collect money owed to me;
  • Verify your contact information;
  • Provide support to you related to my services;
  • Communicate with you about your account or services I offer;
  • Send promotional emails, which you may unsubscribe from at any time;
  • Pursue available legal remedies to me and to prosecute or defend a court, arbitration or similar proceeding;
  • To meet legal requirements or seek legal advice from a lawyer in connection with your use of my Website or services; and
  • To enforce compliance with my Terms and applicable laws, rules and regulations.

PART III: THE DISCLOSURE OF PERSONAL INFORMATION

Sharing Personal Information and Content if Required by Law

We may share personal information and any content collected, uploaded or provided to me if required by law, such as in response to a subpoena, court order or other legal process in any jurisdiction.  If I are required by law to make any disclosure of your personal information or content, I may, but are not obligated to, provide you with written notice of such disclosure, if permitted by law.

Sharing Personal Information to Cooperate with Investigations and Law Enforcement

Absent a court order, subpoena or other legal requirement to disclose personal information or content in my possession or control, you agree that I may also share personal information and content you upload or which is associated with your account to cooperate with law enforcement authorities in the investigation of any criminal matter if I reasonably believe doing so is necessary or beneficial in protecting your safety, or the safety of any third-party.

Sharing Personal Information with Third-Party Providers

Our suppliers, partners, independent contractors (collectively “Third-Party Providers”) and/or employees, may have access to, or be shared personal information to use in connection with one or more of the purposes for which the information was collected.

For example, my Third-Party Providers may have access to, or store, personal information in providing services to me, or providing you with access to website or email accounts.   We may use a variety of Third-Party Providers. As of the last revision date of this Privacy Policy, among others, I use the following Third-Party Providers who will have access to, or store your personal information by virtue of my use of their services and you storing your emails and other files with them:

In the ordinary course of providing my services I may use a Third Party Provider for data storage, including but not limited to, Dropbox, Inc. and their affiliated entities. For more information on their privacy practices please see https://www.dropbox.com/privacy.

If you have questions about your Third Party Providers, or wish to confirm how and where your emails and website files are stored, please contact me.

We may also use Google LLC together with their affiliated entities worldwide, in order to use Google Analytics. For details, visit https://analytics.google.com/analytics/web/.

We may update the above list of Third-Party Providers from time-to-time as my Website and Service continue to evolve. Third-Party Providers may have their own agreements and privacy policies on the collection and use of personal information which either I or you provide them.

Your Personal Information May Not Be Stored in Canada

As I may have servers, Third-Party Providers, employees and other parties I share or you store your personal information within locations both inside and outside of Canada, your personal information may become subject to foreign laws and foreign legal proceedings.

European General Data Protection Regulation

Our technical measures to protect personal information take into account current technology available and the costs of implementing that technology in addition to the nature, scope, context and purposes of the personal information collected and processed. However, my collection processes and data practices, which include the involvement of Third-Party Providers outside the European Union, were not designed to meet the requirements of the General Data Protection Regulation of the European Union. As such, you may only provide me with personal information if you are not a European person. To the extent you provide me with the personal information of any third parties, you agree to only provide me with their information if they are not European person. As I are a company registered and operating in Canada, you agree and acknowledge that your personal information will be accessed by me in Canada, although it may be stored with Third-Party Providers in locations both in and outside of Canada.

Sharing Personal Information if Our Business, Website or Service is Acquired

We may share personal information with my successors (if my business, the Website or  Service are acquired by another legal entity) or any assignee of my assets relating to the Website and Service. Disclosure in such circumstances is governed by the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 in Canada.

Disclaimer and Warning About Sharing Personal Information Online

YOU ACKNOWLEDGE THAT WHEN SHARING PERSONAL INFORMATION ONLINE, THERE IS ALWAYS A RISK OF DATA BREACHES, INCLUDING DATA BREACHES IN WHICH THIRD PARTIES UNLAWFULLY ACCESS OUR SYSTEMS, OR THE SYSTEMS OF OUR THIRD-PARTY PROVIDERS, WHICH STORE PERSONAL INFORMATION.

WHILE WE TAKE MEASURES TO PROTECT PERSONAL INFORMATION, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, THIRD-PARTY PROVIDERS OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, INCLUDING BY WAY OF NEGLIGENCE OR OTHERWISE, FOR THE LOSS OR THEFT OF YOUR PERSONAL INFORMATION OR ANY DAMAGES CAUSED AS A RESULT THEREOF, SO LONG AS WE WERE NOT DIRECTLY AND GROSSLY NEGLIGENT IN THE PROTECTION OF SAID INFORMATION.

Retention of Your Personal Information

We keep your personal information for as long as it is required for the purpose for which it was collected. There is no single retention period applicable to the various types of personal information collected. Please contact me if you would like to delete any personal information I hold about you following the termination of your account or my Services.

PART IV: Our Use of Cookies

By using my Website, you consent to my use of cookies. This cookies policy explains what cookies are, how I use them and how Third-Party Providers may also use cookies on, or in connection with my Website and Service.

What are Cookies?

Cookies are small text files sent to and automatically downloaded by your web browser (assuming you have cookies enabled) when you visit my Website. A cookie file is stored in your web browser and allows my Website and Third-Party Providers I use to recognize you, track your activity across my and other websites and is usually used in conjunction with logging your internet protocol (“IP”) address.

Cookies can be "persistent" or "session" cookies. Persistent cookies remain on your computer  (in your browser files) or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.

Can you block the use of Cookies?

Most web browsers allow you to disable the use of cookies. However, my Website or certain components of my Website may not operate properly, and you may not be able to access and use my Website if you disable cookies.

Can you delete Cookies once downloaded?

Most web browsers also permit you to delete cookies. This is typically done via your web browser’s settings, which vary depending on which web browser you use. For details on managing cookies settings using:

How I use Cookies

I use cookies to analyze how my Website is being used, for instance which pages are visited most often and where my Website was discovered online. This helps me better understand your user experience and other statistic which I may use to provide a better user experience in future updates to my Website.

I also use cookies to facilitate many website functions, for example, to save your favourite exercise videos to a list and have the website remember that list.  Cookies give the Website information that it can use to essentially "remember" what your previous activity was to improve your future experience.

For example, cookies are used in connection with my use of Google LLC’s Google Analytics. For more information on Google Analytics and how cookies are used by Google Analytics, see Google LLC’s information page at https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage.

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