Privacy Policy & Terms Of Use | Toronto ON

LAST UPDATE OF THIS PRIVACY POLICY – November 17, 2021

BEFORE USING OUR SITES, PLEASE READ THIS PRIVACY POLICY CAREFULLY.

This Privacy Policy is applicable to Change Without Pain Inc. ("Company") and sets out our policy on the gathering and use of information on this site and our other sites (collectively "Sites"). The Company is committed to providing safe web sites for visitors of all ages and has implemented this Privacy Policy to demonstrate our firm commitment to your privacy.

YOUR CONSENT IS IMPORTANT TO US

By using our Sites, we assume that you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Policy. If you do not agree to this Privacy Policy, please do not continue to use our Sites. Your continued use of the Sites signifies your acceptance of these terms and any changes in effect at the time of use.

It is the Company’s policy to comply with the privacy legislation within each jurisdiction in which we operate. Sometimes the privacy legislation and/or an individual’s right to privacy are different from one jurisdiction to another. This Privacy Policy covers only those activities that are subject to the provisions of Canada’s federal and provincial privacy laws, as applicable.

WHAT IS PERSONAL INFORMATION?

For the purposes of this Privacy Policy, personal information is information about you that identifies you as an individual, for example, your name, address, e-mail address, or telephone number.

COLLECTION OF PERSONAL INFORMATION

Although you are not required to register to access our Sites, you may be asked to provide us with personal information when you visit certain sections of our Sites. We collect information that you voluntarily provide to us through responses to surveys, search functions, questionnaires, feedback, Tell Your Story forms and the like. In addition, we collect the personal information that you submit to our Sites, such as your name, address and any other contact or other information that you choose to provide by using the “Contact Us” portion of our Sites or by corresponding with a representative of our Company via email using the hyperlinks created for that purpose or by using “Let’s Chat!” function. On some of our Sites, we offer health assessment tools that ask you to provide self-assessment information. We may also ask you to provide additional information such as your e-mail address if you want to obtain additional services, information, participate in a contest or to resolve complaints or concerns.

Our web server may collect information related to your visit to our Sites, including: the IP address and domain used to access our Sites; the type and version of your browser; the website you came from to access our Sites; the page you entered and exited at; any website page that is viewed by that IP address; and what country you are from.

WHAT ABOUT LINKS TO OTHER WEBSITES?

There may be links from our Sites to other web sites; note that this Privacy Policy applies only to our Sites and not to websites of other companies or organizations to which our Sites may be linked. We cannot assume any responsibility for the privacy practices, policies or actions of the third- parties that operate these websites. You must check on any linked sites for the privacy policy that applies to that site and/or make any necessary inquiries in respect of that privacy policy with the operator of the linked site. These links to third-party websites are provided as a convenience and are for informational purposes only. The Company does not endorse, and is not responsible for, these linked websites.

HOW DOES THE COMPANY USE INFORMATION GATHERED ABOUT ONLINE VISITORS?

Before forwarding us any personal information, please be advised that any information gathered on our Sites may be used in the aggregate for research and development relating to our Sites and/or for future site development and, if you ask us to send you promotional materials. In particular, we may use information gathered about you for the following purposes: to monitor interest in our range of products and to assist us to tailor the content of our Sites to your needs by collecting information about your preferences through tracking of patterns page views on our Sites; to create a profile relating to you in order to show you the content that might be of interest to you and to display the content according to your preferences; and, in circumstances where you have indicated that you wish to receive additional information, to send you information about us and promotional material about our products together with details of any offers we may have available from time to time.

PROMOTIONAL AND INFORMATIONAL OFFERS

With the permission of an online visitor, information submitted at the time of registration or submission may be used for marketing and promotional purposes by the Company provided notice of this fact is made available online. If a visitor objects to such use for any reason, he/she may prevent that use, either by e-mail request sent to jennifer@changewithoutpain.ca or by modifying the registration information provided. The Company uses reasonable efforts to maintain visitors' information in a secure environment. If you have submitted personal information and want to change it or opt-out, please contact us at jennifer@changewithoutpain.ca.

DISCLOSURE OF INFORMATION

The personal information collected is used and disclosed for our business purposes. Your personal information may be shared with our employees, contractors, consultants, affiliates and other parties who require such information to assist us with establishing, maintaining and managing our relationship with you. In addition, personal information may be disclosed or transferred to another party in the event of a change in ownership of, or a grant of a security interest in, all or a part of the Company.

The Company may collect, 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.

Please note that any of these disclosures may involve the storage or processing of personal information outside of Canada and may therefore be subject to different privacy laws than those applicable in Canada, including laws that require the disclosure of personal information to governmental authorities under circumstances that are different than those that apply in Canada.

The Company, in common with many web site operators, may use standard technology called "cookies" on its Sites. When you visit the Sites, we place a cookie on the hard drive of your computer to track your visit. A cookie is a small data file that is transferred to your hard drive through your web browser that can only be read by the website that placed the cookie on your hard drive. The cookie acts as an identification card and allows our Sites to identify you and to record your passwords and preferences. The cookie allows us to track your visit to the Sites so that we can better understand your use of our Sites so that we can customize and tailor the Sites to better meet your needs.

Most web browsers are set to accept cookies. However, on most web browsers you may change this setting to have your web browser either: (1) notify you prior to a website placing a cookie on your hard drive so that you can decide whether or not to accept the cookie; or (2) automatically prevent the placing of a cookie on your hard drive. It should be noted that if cookies are not accepted, you will not be able to access a number of web pages found on the Sites.

PROTECTION OF CHILDREN ONLINE

The Company considers the protection of children's privacy, especially online, to be of the utmost importance. We do not knowingly collect or solicit personal information from children nor do we allow them to become registered users of, or to request information through, our Sites or help-seeking information lines.

ADDITIONAL TERMS FOR CERTAIN WEBSITES

The following additional information applies to our Sites that require registration. Generally, you are not required to provide personal information as a condition of using our Sites, except as may be necessary to provide you with a product or service that you have requested.

PROTECTION OF INFORMATION

Our Commitment to Security

We have put in place physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. The Company applies security safeguards appropriate to the sensitivity of the information, such as retaining information in secure facilities and making personal information accessible only to authorized employees on a need-to-know basis. These safeguards are designed to prevent your personal information from loss and unauthorized access, copying, use, modification or disclosure.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while this Site strives to protect your personal information, we cannot warrant the security of any information you transmit to us, and you do so at your own risk. Once this Sites receives your transmission, we make commercially reasonable efforts to ensure its security on our systems.

ACCESS TO YOUR PERSONAL INFORMATION

You can ask to see the personal information that we hold about you. If you want to review, verify or correct your personal information, please contact us. Please note that any such communication must be in writing. In the event that we cannot provide you with access to your personal information, we will endeavour to inform you of the reasons why, subject to any legal or regulatory restrictions.

INQUIRIES OR CONCERNS?

If you have any questions or concerns about our Privacy Policies, please contact us at < add privacy officer’s e-mail address >.

REVISIONS TO THIS PRIVACY POLICY

The Company from time to time, may make changes to this Privacy Policy to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. We will post any revised version of this Privacy Policy on our website and we encourage you to refer back to it on a regular basis. This Privacy Policy was last updated on November 17, 2021.

INTERPRETATION OF THIS PRIVACY POLICY

Any interpretation associated with this Privacy Policy will be made by the Company. This Privacy Policy includes examples but is not intended to be restricted in its application to such examples; therefore where the word “including” is used, it shall mean “including without limitation”.

This Privacy Policy does not create or confer upon any individual any rights, or impose upon the Company any obligations outside of, or in addition to, any rights or obligations imposed by Canada’s federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and Canada’s federal and provincial privacy laws, as applicable, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.

Change Without Pain Inc. ("The Company", together with its affiliates and subsidiaries, "we", "us", "our" and terms of similar meaning) provides this Website (this site and any software provided by the Company for use with the site, the "Site") to you subject to these terms of use (these "Terms"). In these terms we describe users ("Users") of the Site as both registered and unregistered users.

Please read these Terms carefully before using the Site. By accessing, using or browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may cease using the Site immediately. If you have any questions about this website, please contact us.

RESTRICTIONS ON USE

The Site is for your personal use only. As a condition of your use of the Site, you agree:

not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms;
not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third-party into disrepute or causes us to be liable to any third-party;
not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third-party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law;
not to use the Site to distribute viruses or malware or other similar harmful software code;
not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.

We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these Terms or any applicable law.

OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

At present we do not charge any fees or other charges for the use of the Site. In these Terms the content on the Site, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called "Content". Content provided by Users is called "User Content". User Content is that User's property. The Company's only right to that User Content is the limited licenses to it granted in these Terms.

Other than the User Content, the Site and all intellectual property rights in the Site, including without limitation any Content and software available on the Site or used to create and operate the Site is the property of the Company and/or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, such Content and such software are expressly reserved. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, product names, company names or logos, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. Reference to any products, services, processes or other information (by trade name, trademark, manufacturer, supplier or otherwise) does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.

The use or misuse of any trademarks or any other Content on the Site except as provided in these Terms is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.

Your User Content is your responsibility. We have no responsibility or liability for it, including any loss or damage it may cause to other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Site, and we may do this at any time and for any reason.

Nothing in these Terms grants you any rights in the Site other than as necessary to enable you to access the Site. The Company grants you a limited, revocable, non-exclusive, non-sub-licensable license to access the Site and to view, copy and print the portions of the Content available to you on the Site. You agree not to adjust, to try to circumvent, or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.

Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this agreement and your account with us.

SUBMITTING INFORMATION TO THE SITE

The Site is not a secure means of communication and any information you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as "Unwanted Submissions"). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.

Where our Site enables you to communicate with us and/or other Users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwide so you shall be entitled to use your own material yourself subject to applicable law.

You represent and warrant that any content you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name with any such User Content that we may choose to publish. You agree that you waive all moral rights you may have in any such User Content but that any personal data you supply with your User Content may, if we choose to do so, be used by us.

ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE

While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.

While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site.

HYPERLINKS AND THIRD-PARTY SITES

The Site may contain hyperlinks or references to third-party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third-party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

WARRANTIES AND LIMITATION OF LIABILITY

You agree that your use of the Site is on an "as available" basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality or fitness for a particular purpose.

To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site.

We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third-party such as other Users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.

Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the downloading or use of any Content) exceed, to the extent permitted by law the amounts paid by you to us in relation to your use of the Site or its Content.

Notwithstanding any other provision of these Terms, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.

You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law.

While the Company attempts to make your access to and use of the Site safe, the Company does not represent or warrant that the Site or any Content are free of viruses or other harmful components.

You shall defend, indemnify and hold harmless Company and the other related parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site and from the use of the Site by any person to whom you give access to your account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third-party.

GENERAL

The Company reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you can cancel your account with us without further obligation.

Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at jennifer@changewithoutpain.ca.

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, pandemic, explosion or accident.

The Site is controlled by the Company and operated by it from its offices in Ontario, Canada. You and the Company both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and the Company explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

The Company may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign, sublicense or otherwise transfer any of your rights or obligations hereunder without the prior written consent of the Company, and any such attempted assignment will be void and unenforceable.

These Terms constitute the entire agreement between you and the Company regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and the Company regarding your use of the Site. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

If you register for an account on the Site, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Site. You are responsible for all activity on your Site account.

The parties acknowledge that they have required that these Terms and all related documents be prepared in English.