Last Modified: October 5, 2021
mdkPHYSIO Inc. is a corporation formed pursuant to the Alberta Business Corporations Act on August 30, 2021. In consideration for permitting your access to our website and online services and other good and valuable consideration, you agree as follows:
These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of mdkPHYSIO Inc.'s, ("we", "us" or "our") website ("Website") located at https://mdkphysio.com and its sub-domains.
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 establish an account with us or use our Website, we 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, we 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.
PART II: THE USE OF PERSONAL INFORMATION
We do not sell your personal information to third-parties. However, mdkPHYSIO may use personal information to:
- Facilitate the operation of our services, including for example, 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 mdkPHYSIO;
- Verify your contact information;
- Provide support to you related to our services;
- Communicate with you about your account or services we offer;
- Send promotional emails, which you may unsubscribe from at any time;
- Pursue available legal remedies to us 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 our Website or services; and
- To enforce compliance with our 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 mdkPHYSIO if required by law, such as in response to a subpoena, court order or other legal process in any jurisdiction. If we 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 mdkPHYSIO 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 we 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.
- Our Website hosting providers include, but are not limited to, DigitalOcean, LLC and their affiliates, where I have a virtual private server to host client websites and related files. For more information on their privacy practices please see https://www.digitalocean.com/legal/privacy-policy/;
- Our email is hosted through Zoho Mail. For more information on their privacy practices please see https://www.zoho.com/privacy.html; and
- Our online booking and electronic medical record software is JaneApp offered, by Jane Software Inc. and their affiliates. For more information on their privacy practices please see https://jane.app/legal/privacy-policy
- Our exercise software is provided by Physiotec and is integrated within the mdkPHYSIO website. For more information please see https://physiotec.ca/ca/en/privacy-policy/
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 them directly.
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 we or you provide them.
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.
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 our Website. A cookie file is stored in your web browser and allows our Website and Third-Party Providers we 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 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:
- Chrome - https://support.google.com/accounts/answer/32050;
- Firefox - https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored;
- Safari - https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac; and
- For any other web browser, please visit your web browser's official web pages.
For example, cookies are used in connection with our 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.