Privacy Policy

Effective Date: July 22, 2018

At Vivametrica, your privacy is important to us. We are committed to maintaining the confidentiality, security and accuracy of your Personal Information. This privacy policy applies to our online and mobile services, including, but not limited to the Vivametrica websites, “vivametrica.com” and “demo.vivametrica.com” (collectively, the “Site”) and mobile applications hosted by or on behalf of Vivametrica (collectively, the “Services”) intended to enhance a consumer’s use of health-related tracking information accessed through a variety of wearable devices, biosensors, consumer medical devices and mobile applications (the “Device” or “Devices”).

This Privacy Policy will provide you with information as to how Vivametrica collects, uses, and disclose information about you, including the choices Vivametrica offers with respect to that information, and applies to your use of any of the Services, regardless of how you access or use it. For certain Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.

By visiting or otherwise using the Services, you agree to the Services’ Terms of Use and consent to Vivametrica’s collection, use, and disclosure practices, and other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Services. If you do not agree and consent, please disconnect your Device and discontinue use of the Services.

What is Personal Information?

For the purposes of this Privacy Policy:

“Personal Information” means information about an identifiable individual but does not include Business Contact Information. Examples of information that could be Personal Information include your name, address, gender, date of birth, language preference, personal email address, home telephone number, or credit card information.

“Business Contact Information” is information that enables an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual.

What type of Personal Information do we collect and use?

(a) Information You Provide.

Vivametrica may collect information you provide directly to Vivametrica and/or its service providers (the “Service Providers”) via the Services. This includes but not limited to:

Personal Information you provide when you create an account (the “Account”) on any one of the Services or register for any one of the Services. When you create an Account, we ask for Personal Information, including your email address, payment information, birth month and year, physical information (such as height, weight and waist circumference), information related to any chronic conditions that you may be living with and your assessment of your current level of chronic pain, back pain or depression. The Personal Information collected is used to provide you with a personalized experience when you are using the Services.
Personal Information you provide when you are connected to your Device or Devices. When you are connected to your Device, you are giving permission to Vivametrica to access the data collected from the Device, which may include step counts, minutes of moderate to vigorous activity and sleep quality and quantity.
Personal Information you provide when you update your Account.
Personal Information you provide when you interact with Vivametrica’s social media accounts.
Personal Information you provide when you complete surveys.

(b) Information Collected Automatically.

Vivametrica, its Service Providers, and/or Vivametrica’s partners or affiliates may also automatically collect certain information about you when you access or use the Service (“Usage Information”). Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network connected hardware (e.g., computer or mobile device).

The methods that may be used on the Service to collect Usage Information include:

Log Information: Log information is data about your use of the Service, such as IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.

Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, fingerprinting, device recognition technologies, in-app tracking methods and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service.

Cookies A cookie is a small text file that is stored on a user’s device, which may be session ID cookies or tracking cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Service, and enhance your user experience. Cookies may remain on your device for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features and functionalities of the Service may not work. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML 5 cookies are locally stored on your device other than in the browser and browser settings won’t control them. To identify certain types of local shared objects on your device and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. The Service may associate some or all of these types of cookies with your devices.

Web Beacons (“Tracking Pixels”)

Web beacons are small graphic images, also known as “internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.

Embedded Scripts

An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from Vivametrica’s web server, or from a third party with which Vivametrica works, and is active only while you are connected to the Service, and deleted or deactivated thereafter.

Location-identifying Technologies

GPS (global positioning systems) software, geo-filtering and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting content based on your location.

Fingerprinting

Collection and analysis of information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes of identification and/or tracking.

Device Recognition Technologies

Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household).

In-App Tracking Methods

There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps and/or devices.

Some information about your use of the Service may be collected using Tracking Technologies across time and services, and used by Vivametrica and third parties for purposes such as to associate different Devices you use and delivering the appropriate Services.

(c) Information Vivametrica Collects From Partners And Other Sources.

We may collect Personal Information that you have provided to our subsidiaries, affiliates, business partners and/or businesses related to Vivametrica for purposes set out below. Vivametrica is not responsible or liable for the accuracy of the information provided by third parties or for third party policies or practices. As a general rule, Vivametrica collects Personal Information directly from you. If third parties hold information Vivametrica requires, we will endeavor to ensure the information has been collected with your consent.

Specifically, we may collect and use Personal Information that is aggregated and anonymized (the “Analytic Information”) from our subsidiaries, affiliates, business partners and/or businesses related to Vivametrica, for various business purposes, including, without limitation, enabling us to provide the Services. This Analytic Information, because it is aggregated and anonymized, is no longer Personal Information as it cannot be used, alone or in conjunction with other information, to identify an individual. We may use this Analytic Information in a variety of ways, including to help analyze site traffic, understand health needs and trends, and to improve our products and services. We may use this information by itself or aggregate it with information we have obtained from others.

Further, we may use, transfer, lease, sell or otherwise commercialize Analytic Information for any and all purposes without notice or obligation to you, provided that the Analytic Information does not indicate your identity and cannot be used, alone or in conjunction with other information, to determine your identity. You will not have any rights arising from the creation, collection or use of the Analytic Information.

Why do we collect your Personal Information?

We collect Personal Information for purposes related to managing and developing our businesses and operations, including but not limited to:

establishing, managing and terminating business relations with you;
reviewing the products and services that we provide to you, or that you provide to us;
informing you of our products and services other than those that you have specifically requested;
tracking and analyzing trends and patterns related to our businesses and operations for market research related purposes;
providing you with the Services;
creating aggregated information or Analytic Information that does not individually identify you about health and wellness;
complying with applicable law or regulatory requirements; and
any other reasonable purpose to which you consent.

In addition to the foregoing, we may also use and disclose your Personal Information for other purposes, which we will disclose at the time of collection.

How will we use your Personal Information?

Vivametrica may collect and use Personal Information in the circumstances described above. Personal Information collected by Vivametrica is used only for the purpose identified at the time of its collection, as described in this Privacy Policy, or for other purposes which are disclosed to you and to which you consent.

We may also use your Personal Information to investigate security breaches or cooperate with government authorities pursuant to a legal matter.

Vivametrica is committed to complying with Canada’s Anti-Spam Legislation. In the case of personal contact information provided in conjunction with any newsletter or other marketing initiatives, you can withdraw your consent to receiving those communications and unsubscribe from any Vivametrica subscriptions at any time by contacting our Privacy Officer using the contact information provided below. In addition, commercial electronic communications sent by Vivametrica to which you have subscribed will further contain an unsubscribe mechanism.

However, we reserve the right to send you transactional or informational emails such as customer service communications in connection with the products you have purchased or changes to this site or policies.

How is your Personal Information disclosed?

In addition to the purposes set out above, we may disclose Personal Information for purposes related to:

managing and developing Vivametrica’s businesses and operations;
managing your Account;
providing you with the Services;
creating and maintaining a responsible business relationship with you;
creating aggregated information or Analytic Information that does not individually identify you related to health and wellness;
communicating with you on topics related to your Account, Services, and other matters related to Vivametrica;
informing you of our products and services other than those that you have specifically requested;
tracking and analyzing trends and patterns related to our businesses and operations for market research related purposes;
interacting with you on social media; and
other purposes identified when the Personal Information is collected, or as permitted or required by law.

Personal Information is disclosed to third parties for purposes set out above including but not limited to:

a third party, in the event of a change in ownership of all or a part of Vivametrica 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 Privacy Policy, unless you indicate otherwise;
third party service providers, affiliates and business associates including an organization or individual retained by Vivametrica to perform functions on its behalf, such as data processing and document management; and
any third party, where you have provided your consent for such disclosure or where disclosure is required or permitted by law.

In addition, you can direct us to share data with other parties. For example, you may direct us to share data with your employer as part of a wellness program. Once you direct us to share your data with a third party, that data is governed by the third-party’s privacy policy. You can revoke your consent to share with the third party at any time in your Account settings, under “My Account”.

On rare occasions, we may use or disclose your Personal Information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

Vivametrica may share or sell aggregated, de-identified data that does not identify you with partners and the public in a variety of ways, such as by providing aggregated health research database and for use in enterprise health and wellness programs. When we provide this information, we take technical measures to ensure that the data does not identify you and cannot be associated back to you.

Notification Respecting Service Providers and Partners Outside Canada

Vivametrica may use and disclose certain Personal Information to third party service providers and/or partners and to affiliated entities in connection with the performance of certain technological or administrative functions, such as data processing, data management, and data storage. From time to time, these third party service providers and/or partners may be located outside of Canada. Prior to making this disclosure, Vivametrica will take appropriate steps to ensure that the third party service providers and/or partners safeguard the Personal Information and use the Personal Information only for authorized purposes set out in this Privacy Policy or in accordance with applicable laws.

To ask any questions or to obtain written information about Vivametrica’s policies and practices regarding those service providers, you may write to our Privacy Officer at the address listed below in the “Contacting Us” section.

How does Vivametrica obtain 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 Privacy Policy. Depending on the sensitivity of the Personal Information, your consent may be express, implied or deemed (using an opt-out mechanism). 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 accept our products or services, we will assume your consent to the collection, use and disclosure of your Personal Information for purposes related to your acceptance and use of those products or services, 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 Vivametrica or obtaining our services, you consent to the collection of and use of your personal data in the manner described in this Privacy Policy. To the extent that Vivametrica is required by applicable laws to obtain your explicit consent for the collection, use or disclosure of your Personal Information in accordance with this Privacy 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 Privacy Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure.

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 services to you or acquire products or services from you.

In certain cases, we collect express consent; otherwise, we assume, unless you advise us otherwise, that by receiving a copy of this Privacy 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 Privacy Policy.

What are my tracking options?

<strong?(a)Tracking Technologies Generally

Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or device manufacturer.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, Vivametrica currently does not alter Vivametrica’s practices when Vivametrica receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but Vivametrica is not responsible for the completeness or accuracy of this third party information. Some third parties, however, may offer you choices regarding their Tracking Technologies. Vivametrica is not responsible for the completeness or accuracy of third party choice notices or choice mechanisms.

(b)Mobile Apps

With respect to Vivametrica’s mobile apps (“apps”), you can stop all collection of data generated by use of the app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device.

How does Vivametrica safeguard Personal Information?

Vivametrica will endeavor to safeguard Personal Information using methods that are appropriate to the sensitivity of the information. Specifically, Vivametrica takes the following steps to safeguard any Personal Information that it collects:

protecting the confidentiality of all Personal Information when doing business internally or externally with other organizations; and
protecting all Personal Information with appropriate and effective security safeguards, including physical, administrative, and technology safeguards, against such risks as loss or theft, unauthorized access, disclosure, copying, use or destruction, regardless of the format in which it is held.

How does Vivametrica store Personal Information?

Vivametrica collects and stores your information on a secure, offsite Canadian server, and access to this data uses Health Insurance Portability and Accountability Act (HIPAA) as a guideline. For our overseas visitors, your data may be collected and stored on secure, offsite servers that meet the laws and policies of your country.

How to correct inaccurate Personal Information?

It is important that any Personal Information Vivametrica holds about you is accurate and current. Vivametrica requires you to keep us informed of changes to any Personal Information. You can correct any inaccuracies by accessing and modifying the information provided in your Account.

How does Vivametrica retain Personal Information?

Vivametrica retains Personal Information in accordance with its legal or business practices. We retain your Personal Information for as long as you remain a Vivametrica Services user. Once the Personal Information is no longer required to fulfill the purpose for which it was collected and no longer required or permitted to be retained for legal or business purposes, it is securely destroyed or made anonymous. We may retain your de-identified data indefinitely, including after your cease to be a Vivametrica Services user.

How to access your Personal Information?

Any data that you provide to Vivametrica can be accessed and modified from your Account. If you remove data from your profile, it will no longer appear to you or others who use the Services. Backups of that data will remain in association with your Account and in our archive servers.

You can also ask to see the Personal Information that we hold about you. If you want to review, verify or correct your Personal Information, please contact our Privacy Officer using the contact information set out below. Please note that any such communications must be in writing.

When making an access request, we may require specific information from you to confirm your identity and right to access, as well as to search for, and provide you with, the Personal Information that we hold about you. We may charge you a fee to access your Personal Information but we will advise you of any fee in advance. If you need help in preparing your request, please contact our Privacy Officer.

Vivametrica may not be able to provide you with access to your Personal Information, in situations where such refusal is permitted or required by applicable law or regulatory requirements. Vivametrica will inform you of the reasons why, subject to any legal or regulatory restrictions, access has been denied.

How do you deactivate your Account?

You can deactivate your Account by contacting us at [email protected]. When you do, data that can identify you will be removed from the Account, including but not limited to your email, name, birth month/year and photo. Backup copies of this data will be removed from our server based upon an automated schedule, which means it may persist in our archive for a short period. Vivametrica may continue to use your de-identified data.

How does Vivametrica handle complaints?

You can direct any questions or concerns about this Privacy Policy to Vivametrica’s Privacy Officer. Vivametrica maintains procedures to receive and investigate complaints and complainants will be advised of the results of any such investigation.

How does Vivametrica handle children’s privacy?

Vivametrica’s products and Services are intended for a general audience and not directed to children. We do not knowingly permit children under age 13 (in the United States) or age 16 (in the EEA) to register for any content, product or Service. We do not knowingly collect, use or disclose personal information about users under age 13 (in the United States) or age 16 (in the EEA), except as permitted by law. Further, we do not knowingly market our products or services to children under age 13 (in the United States) or age 16 (in the EEA).

How to contact us?

To get more information about Vivametrica’s Privacy Policy, change or withdraw your consent or make a complaint under this Privacy Policy, you can contact our Privacy Officer:

@	By Email: [email protected]

	By Mail: RE: Privacy Officer 435, 999-8^th St Calgary, AB T2R 1J5

Revision to this Privacy Policy

Vivametrica may from time to time make changes to this Privacy Policy to reflect changes in legal or regulatory obligations or changes in the manner in which we deal with Personal Information. We will post any revised version of this Privacy Policy on our website. Any changes to this Privacy Policy will be effective from the time they are posted, provided that any change that relates to why we collect, use or disclose your Personal Information will not apply to you, unless you consent to that change.

Last Amended: July 22, 2018

Addendum: The GDPR and Additional Information for Individuals in the European Economic Area (“EEA”)

If you are a resident of the European Economic Area (“EEA”) and the Services are targeted to you, please note:

The EU General Data Protection Regulation (GDPR) is a new comprehensive data protection law that updates existing EU laws to strengthen the protection of “personal data” (any information relating to an identified or identifiable natural person, so called “data subjects”) in light of rapid technological developments, the increasingly global nature of business and more complex international flows of personal data. The GDPR replaces the current patchwork of national data protection laws with a single set of rules, directly enforceable in each EU member state. The GDPR took effect on May 25, 2018. In addition to this Privacy Policy, if you would like to know more about how we are implementing the requirements of the GDPR please review our GDPR Commitment Statement.
We may need to collect and process the types of Personal Information listed in the Privacy Policy in order to provide the Services to you or because we are legally required to do so. If you do not provide the information that we request, we may not be able to provide you with the Services. We may use the Personal Information for our legitimate business interests, including those listed in the Privacy Policy.
We do not knowingly permit children in the EEA under age 16 to register for any content, product or Service. We do not knowingly collect, use or disclose personal information about users under age 16, except as permitted by law.
Regarding the section entitled “Notification Respecting Service Providers and Partners Outside Canada” above: Some non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards. The full list of these countries is available at http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your Personal Information.
Regarding the section entitled “How does Vivametrica retain Personal Information?” in above: We keep your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include (i) for as long as we have an ongoing relationship with you and provide the Services to you; (ii) as required by a legal obligation to which we are subject; or (iii) as advisable in light of our legal position (such as in regard of applicable statutes of limitations, litigation, or regulatory investigations).
For EU residents who wish to exercise their “data subject rights” pursuant to the GDPR, please contact our Privacy Officer at [email protected]. These rights include: (i) access to information about how personal data is used; (ii) access your personal data held by Vivametrica; (iii) delete or correct personal data; (iv) rectify and erase personal data in certain circumstances; (v) restrict or object to automated process of your personal data; and (vi) request a copy of your personal data.