Last Updated on 2022-09-09
1. COLLECTING PERSONAL INFORMATION
The following describes the categories of personal information we collect and how we collect such information.
1.1 Information You Provide.
We collect information you voluntarily provide to us directly. Examples of data we may receive include your first name, last name, email address, digital initials/signature (via DocuSign.ca), shipping address (i.e., address, province/state, ZIP/postal code, city and country), billing address, billing information (i.e., credit card number, expiry date, CVV code and/or PayPal address), telephone number, user name, social media information (e.g., Facebook user name), website URL, and other information you provide to us through informal survey/poll responses, feedback, reviews and other means of communication.
This includes information you provide when you:
a) opt-in to receive any emails and free gift(s) (i.e., first name, email address);
b) register for free events, presentations and/or “masterclasses” (i.e., first name, last name, email address), on any event or online course registration website (e.g., Eventbrite or Thinkific);
c) apply to enroll in, and/or purchase, any free or paid programs, products, online courses, classes or services from us (each, a “Product”) (i.e., first name, last name, email address, digital initials/signature (via DocuSign.ca), shipping address, billing address, billing information);
d) request access to a client membership portal (i.e., first name, last name, email address, user name);
e) access public or private membership groups, including those hosted via a third-party platform such as Facebook (i.e., first name, last name, email address, social media user name);
f) comment on any posts or otherwise communicate with us on any social media platform;
g) request to receive communications from us through any other means, including via an online form, phone call, email or video call (Zoom or “What’s App”) (collectively, the “Actions”) (i.e., first name, last name, email address, telephone number);
h) participate in any contest or sweepstakes (i.e., first name, last name, email address);
i) sign-up to become our affiliate partner (i.e., first name, last name, email address, website URL, PayPal address);
j) fill out any forms (e.g., on our website or via email to gather your informal input/feedback);
1.2 Information Collected Automatically.
We collect some data automatically when you visit or use our website or open or respond to our emails. For example, we may automatically collect information when you open or respond to our emails, make a choice with respect to communications we send to you, visit any page that displays our content, provide information to our service providers or purchase or return a Product.
1.3 Information from Third-Party Sites.
We collect some data when you connect with us, comment on or like our posts or otherwise interact with us on any social media platform, or when you access public or private membership groups hosted on a third-party platform (i.e., Facebook). Examples of data we may receive include your profile information, profile picture, social media information, social media handles or nicknames, name, purchase history, email address, device identifiers and demographic information.
1.4 Information from Internet or Other Electronic Network Activity.
We automatically collect some data about your computer or mobile device when you access our website. Examples of data we may receive include your Internet Protocol (“IP”) address, browser type, browser version, cookies from your browser, unique device identifiers, web browser software (i.e., Google Chrome), information about the referring website, the date, time and length of your visit, including the specific pages you visit, information on how you interact with the website, Products, tools and other diagnostic data. Examples of additional data we may receive when you access our website through a mobile device include the type of mobile device you are using, the unique mobile device ID, your mobile operating system, web browser software on mobile, unique device identifiers and other diagnostic data.
2.1 We will obtain client consent to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without consent), as necessary to provide Products.
2.2 Consent may be provided orally, in writing, electronically, or it may be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the client voluntarily provides personal information for that purpose.
2.3 Consent may also be implied where a client is given notice and a reasonable opportunity to opt-out of their personal information being used for mail-outs, the marketing of new services or products, and the client does not opt-out.
2.4 Subject to certain exceptions (e.g., the personal information is necessary to provide the service or product, or the withdrawal of consent would frustrate the performance of a legal obligation), clients may withhold or withdraw their consent for us to use their personal information in certain ways. However, a client’s decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or product. If so, we will explain the situation to assist the client in making the decision.
2.5 In accordance with sections 12, 15 and 18 of the PIPA, we may collect, use or disclose personal information without the client’s knowledge or consent in a variety of limited circumstances, such as:
- When the collection, use or disclosure of personal information is permitted or required by law;
- In an emergency that threatens an individual’s life, health, or personal security;
- When the personal information is available from a public source (e.g., a telephone directory);
- When we require legal advice from a lawyer;
- For the purposes of collecting a debt;
- To protect ourselves from fraud;
- To investigate an anticipated breach of an agreement or a contravention of law.
3 PURPOSES FOR COLLECTING INFORMATION: USE AND DISCLOSURE
3.1 We use your information for business and commercial purposes, and/or to fulfill legal purposes. For example, we may use your information to:
a) Verify your identity and age. To this end, we may collect your full name, home address, home telephone number, birth date, and request to see one piece of valid government-issued photo identification (e.g., Driver’s License or Passport).
b) Add you to our email list.
c) Send you one or more free gifts.
d) Register and enroll you into online programs, online courses, online presentations or online classes (e.g., Eventbrite, Zoom, Thinkific) and online coaching/mentorship.
e) Prepare/process your applications to purchase Products from us.
f) Prepare/process your client on-boarding agreements/contracts.
g) Prepare your invoices.
h) Process your purchases.
i) Grant you access to a client membership portal.
j) Grant you access to a public and/or private “membership group” or other account, including those hosted via a third-party platform (i.e., Facebook).
k) Send you membership group information.
l) Maintain/service your profile for membership group accounts.
m) Validate and authenticate your profile when you log into a public or private membership group, or other account, or when purchasing a Product.
n) Analyze interactions with you to improve quality.
o) Determine your client preferences, such as through the collection of your input/opinions/feedback/requests via informal surveys/polls or emails.
p) Identify your Product preferences and shopping preferences.
q) Secure our website and data.
r) Create Products that you are interested in.
s) Ship or otherwise deliver, process payment for, communicate about, and track orders of any requested Products and services.
t) Suggest Products you may like based on past purchases and otherwise personalize your experience with the website.
u) Provide promotional and marketing communications and information if you elect to receive it, including email marketing.
v) Improve the design, functionality and ease-of-use of our website and Products.
w) Respond to any inquiries, reviews, comments, communications or feedback you submit to us.
x) Provide customer service.
y) Conduct informal research to improve our business processes.
z) Administer contests or sweepstakes.
aa) Administer affiliate partner programs.
bb) Administer any business needs related to your purchase of any Products.
cc) Detect security incidents and protect against, stop, resolve and prevent any fraud and fraudulent transactions and any malicious, deceptive or illegal activity.
dd) Comply with all applicable law.
ee) Respond to legal and regulatory inquiries and assist law enforcement.
3.2 We will not use or disclose client personal information for any additional purpose, unless we obtain consent to do so.
3.3 THIRD PARTIES WITH WHOM WE SHARE INFORMATION.
The following is a list of third parties with whom we may share your information.
Affiliate Partners. We may share your information with affiliate partners to generate traffic or leads, or for other business purposes.
Analytics Providers. We may share your information with analytics providers.
Business Transfers. If we and/or our website are acquired by a third party as a result of a transfer, sale, merger, acquisition, reorganization, liquidation, consolidation, merger or sale of some or all of our Company and/or our website, your personal information may be a transferred asset. We may also share personal information with prospective purchasers to diligence the proposed transaction.
Cloud Service Providers. We may share your information with cloud service providers.
Customer Analysis Providers. We may share your information with customer analysis providers, such as those used to analyze visitors clicks and navigation around the website.
Customer Service Providers. We may share your information with customer service providers.
Delivery Partners. We may share your information with delivery partners, such as those we use to ship or otherwise deliver any Products.
Email Marketing and Advertising Providers. We may share your information with marketing and advertising providers, including email marketing and campaign providers, marketing software providers, direct mail providers, marketing analytics providers and sales funnel providers. We may share your information with email marketing service providers to send you emails, newsletters, promotional materials, marketing materials or other information.
Fraud Prevention Partners. We may share your information with fraud prevention partners.
Fulfillment Partners. We may share your information with fulfillment partners, such as those we use to fulfill any Products.
Government Agencies. We may share your information with government agencies, courts, regulators and law enforcement in the event that we are required to comply with applicable laws and regulations or a legally binding process, or in response to subpoenas, warrants, government inquiries or investigations, and court orders.
We may also share your information to:
i) establish, exercise, protect or enforce our legal rights and the legal rights of our agents, employees and affiliates;
ii) defend against a legal claim;
iii) protect you, us or third parties against injury, interference, fraud or harm; or
Other Service Providers. We may share your information with other service providers. For example, key details about you (i.e., your name and/or email address) will be shared with relevant/necessary third-party service providers (i.e., DocuSign.ca, jotform.com), as necessary, to establish agreements/contracts with you before delivering Products/services to you.
Payment Processors. We may share your information with payment processors, such as those we use to collect and process payment for any Products you purchase.
Public Forum. Our website may allow you to leave a post, comment or review on the website. If you choose to submit that information on a public forum, that information will be available to the public and we may elect to share your post, comment or review outside of the website.
Technology Service Providers. We may share your information with technology service providers.
Third Parties. We may share your information with third parties who have contractual relationships with us, such as accountants, auditors, consultants, lawyers, and other professionals who rely on certain data to provide us with professional services.
Third Party Partners. We may share your information with third-party partners to jointly create or offer a product, service or joint promotion.
3.4 WE DO NOT SELL YOUR PERSONAL INFORMATION
We do not sell, rent or trade your personal information to any third parties, as we value your privacy. To be clear, we also do not “sell” your personal information, as defined by the California Consumer Privacy Act.
3.5 COOKIES AND OTHER TRACKING TECHNOLOGIES
We may collect, access, and permit our business partners and third-party service providers, such as advertising companies, to collect and access your Internet Protocol (IP) address, browsing metadata and other numerical identifiers, such as your browser type, version and operating system (collectively, the “Browsing Information”). We may also use, place, collect and store, or allow our third-party service providers to use, place, collect and store, cookies, web beacons, remarketing pixel tags, or other similar tracking technologies.
We, our business partners and third-party service providers may use this information and these technologies to, among other things, improve and personalize your user experience, understand how you use the website, provide tailored ads, analyze trends, data, and website performance, administer the website, identify and track you when you use different devices, determine if you are logged onto the website, provide security and provide a range of features, customization and functionality.
3.6 YOUR CHOICES
It is important to us that you understand your choices regarding your personal information.
Opting Out of/Blocking Cookies. Most browsers accept cookies by default. However, most browsers will allow you to prevent accepting new cookies, disable cookies, and/or receive a notification when you receive new cookies. If your browser has such functionalities, information on how you can change your cookie settings can typically be found in the help section of the browser toolbar. Please note that if you do disable cookies, this may have an impact on or interfere with your user experience, including your ability to use or make purchases from the website, or receive personalized content.
Managing “Do Not Track.” As required by the California Online Privacy Protection Act (CalOPPA), we would like you to know that our systems are currently unable to recognize browser “Do No Track” signals.
Use of Personal Information. You can request that we delete your personal information at any time by contacting us using the contact details provided below, subject to certain exceptions. You can also:
i) request to see your personal information that we have available on you;
ii) withdraw consent for our use of your personal information;
iii) review and request we rectify, change or modify your personal information;
iv) restrict or limit the processing of your personal information;
v) cancel the processing of your personal information; and
vi) request your personal information and transfer it to another controller without any impediments on our part by contacting
us using the contact details provided below.
Unsubscribing from Email Marketing. When you sign-up to receive emails from us, you agree to receive email communications from us, which may include newsletters and promotional emails. If you receive any email marketing from us, you can opt-out at any time by clicking the “unsubscribe” link contained in each email. Please note that unsubscribing from email marketing does not necessarily unsubscribe you from other emails we may send, such as emails about any Products you purchase.
Other Opt-Out Options. If we send you physical mailings or Short Message Service (SMS) messages or contact you via telephone, you can opt-out by contacting us using the contact details provided below.
4. DATA RETENTION
4.1 If we use client information to make a decision that directly affects the client, then we will retain that personal information for at least one year so that the client has a reasonable opportunity to request access to it.
4.2 We retain personal information for as long as it is needed to conduct and operate our business, and/or to fulfill legal purposes, or until you ask us to delete your personal information by contacting us using the contact details provided below. Specifically, we retain invoices for a period of seven years for the purpose of satisfying Canada Revenue Agency (CRA) income tax requirements. Please note that we cannot control the data retention policies of third parties.
5. ENSURING ACCURACY OF PERSONAL INFORMATION
5.1 If client personal information is used to make a decision about the client or disclosed to another organization, then we will make reasonable efforts to ensure that client personal information is accurate and complete.
5.2 Clients may request correction to their personal information to ensure its accuracy and completeness. Such requests must:
a) be made in writing; and
b) provide sufficient detail to identify:
i) the personal information; and
ii) the correction being sought.
5.3 If the personal information is demonstrated to be inaccurate or incomplete, then we will:
a) correct the information as required; and
b) send the corrected information to any organization to which we disclosed the personal information in the previous year.
6. THIRD-PARTY LINKS
6.1 For your convenience, we provide links to third-party websites on our website and in our emails, such as links to third-party social media platforms.
6.2 If you click on a link to a third-party website, then you will be directed to a third-party website. We cannot and do not control the privacy policies, content and practices of the website owners and operators of any third-party websites to which we link. We encourage you to visit their websites directly to learn about their privacy policies.
7. SECURING PERSONAL INFORMATION
7.1 We are committed to ensuring the security of client personal information to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks, so we maintain reasonable and appropriate physical, technical and procedural safeguards to help keep it safe.
7.2 The following security measures are followed to ensure that client personal information is appropriately protected:
- the use of user IDs, passwords, encryption, firewalls, anti-virus and anti-spyware software programs;
- physically and electronically securing devices that store personal information;
- restricting access to personal information as appropriate (i.e., only those who “need to know” will have access).
7.3 We will use appropriate security measures when destroying a client’s personal information, such as shredding documents and/or effectively deleting electronically stored information.
7.4 We will continually review and update our security policies and controls as technology changes, to ensure the ongoing security of personal information.
7.5 While we take reasonable steps to protect your personal information, no method of transmission over the internet or other network can be 100% secure. Therefore, we cannot and do not guarantee that personal information you transmit will remain secure from misuse or interception in all circumstances.
8. PROVIDING CLIENT ACCESS TO THEIR OWN PERSONAL INFORMATION
8.1 Clients have a right to access their personal information, subject to limited exceptions. Section 23 of PIPA specifies that such exceptions may be due to solicitor-client privilege and/or health/safety concerns.
8.2 A request to access personal information must:
a) be made in writing; and
b) provide sufficient detail to identify the personal information being sought.
8.3 Upon request, we will tell clients how we use their personal information and to whom it has been disclosed, if applicable.
8.4 We will make the requested information available within 30 business days of a written request, or provide written notice of an extension where additional time is required to fulfill the request.
8.5 A minimal fee may be charged for providing access to personal information. If a fee may apply, then we will:
a) inform the client of the cost; and
b) request further direction from the client as to whether we should proceed with the request.
8.6 If a request for information is refused, in full or in part, then we will:
a) notify the client in writing; and
b) provide the reasons for refusal;
c) specify the recourse available to the client.
9. INTERNATIONAL DATA, TRANSFERS AND PROCESSING
9.1 Our website is hosted by wix.com.
9.2 Our website is intended for adults located within Canada.
9.3 Please be aware that our website servers and our service providers may be located outside of your state, province or country. For example, USA-based companies such as Zoom, are subject to the USA Patriot Act and CLOUD Act, which allow government authorities to access the records of host services and internet service providers.
9.5 By using this website, you acknowledge and agree that the collection, use, transfer, maintenance, disclosure and storage of your personal information, Browsing Information and communications related to or arising out of your use of this website is governed by the applicable laws in Canada. While we have the appropriate safeguards in place, the applicable privacy laws in Canada may be less stringent than those of your state, province or country.
10. NOTICE ABOUT THE GENERAL DATA PROTECTION REGULATION (GDPR NOTICE) IN RELATION TO THE EUROPEAN ECONOMIC AREA
The information in this section, under the subheading “Notice About the General Data Protection Regulation,” applies to individuals covered by the General Data Protection Regulation (“GDPR”). References to “you” and “your” in this section refer only to those covered by GDPR, which took effect on May 25, 2018 and provides privacy rights for those inside the European Economic Area.
For the purposes of this section, “personal information” refers to any information relating to an individual which can be directly or indirectly used to identify such individual. Examples include first name, last name, email address, identification number, information about location, ethnicity, gender, biometric data, web cookies, and religious or political beliefs.
10.1 Legal basis for processing information.
a) We may process personal information under the following conditions:
i) we have received your consent to process your personal information for one or more specific purposes (please see
above for the list of purposes);
ii) processing of your personal information is necessary to perform a contract to which you are a party, or to take steps at
your request prior to entering into a contract;
iii) processing of your personal information is necessary to comply with a legal obligation to which we are subject;
iv) processing of your personal information is necessary to protect the vital interests of you or another natural person;
v) processing of your personal information is necessary to perform a task carried out in the public interest or to exercise
an official authority vested in us;
vi) processing of your personal information is necessary for the purposes of the legitimate interests pursued by us or a
third party, except in certain circumstances where the need for the information is overridden by the need to protect the
subject of the personal information (such as when the subject of the personal information is a child).
We are happy to let you know which legal basis applies to the processing of your personal information.
10.2 You have certain rights you can exercise under the GDPR, including the following. Please note that this summary is merely provided for your convenience. We do not warrant the accuracy or exhaustiveness of this summary, nor should you rely on this as an accurate or exhaustive list of your rights.
a) Right to Access. You have the right to learn whether your personal information is being processed. If it is being processed, you have the right to access the personal information, and to learn certain information about your personal information, including:
i) why it is being processed;
ii) the categories of personal information we collected;
iii) the recipients or categories of recipients to whom we have or will disclose the personal information;
iv) if possible, the amount of time we will store the personal information, or if not possible, the criteria we use to determine such
v) available information about the sources for personal information we collected.
b) Right to Correction. You have the right to:
i) correct any inaccurate personal information about yourself;
ii) complete any incomplete personal information collected, including through providing an additional statement.
c) Right to Be Forgotten. You have the right to ask us to erase your personal information, which we will do without undue delay under certain circumstances. Examples may include:
i) where the personal information is no longer necessary for the purposes for which it was collected;
ii) where you withdraw consent on the basis of which we processed your personal information, and there is no legal ground for
processing such personal information;
iii) where you invoke your right to object (described below) and there are no overriding grounds for processing such personal
iv) where your personal information has been unlawfully processed;
v) where the personal information must be erased to comply with a legal obligation.
d) Right to Restrict Processing. You have the right to restrict the processing of your personal information under certain circumstances. Examples may include:
i) where you indicate the inaccuracy of your personal information;
ii) where the processing is unlawful, but you would like the processing of your personal information to be restricted as opposed
iii) where we no longer need the personal information for processing, but you would like it restricted for a legal basis; and
iv) where you invoke your right to object (described below).
e) Notification of Recipients of Personal Information. If you exercise your Right to Rectification, Right to Be Forgotten or Right to Restrict Processing (each as described above), then we will notify each recipient with whom we have shared your personal information. You have the right to request us to provide you with a list of all recipients we have notified.
f) Right to Data Portability. You have the right to request your personal information in a structured, commonly used, and machine-readable format.
g) Right to Object. You have the right to object to the processing of your personal information under certain circumstances. Examples may include:
i) where the personal information is being processed on grounds related to your personal situation;
ii) where the legal grounds for processing such personal information falls under categories (v) and (vi), as described in the sub-s
section titled “Legal basis for processing information”; and
iii) where the personal information is processed for direct marketing purposes.
h) Right to Lodge a Complaint. You have the right to lodge a complaint with a supervisory authority. For more information, please contact your local data protection authority.
j) Right To Object to Profiling. We may use automated decision-making in operating our website. You have the right not to be subjected to any decisions arising from automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
10.3 To exercise any of your rights, please contact us using the contact details provided below. Please note that we are required to verify the identity of anyone who makes any request (please see above).
11. UNITED STATES OF AMERICA
11.1 NOTICE TO CALIFORNIA RESIDENTS (CCPA NOTICE)
As a California resident, you have certain rights you can exercise under the CCPA, including the following. Please note that this summary is merely provided for your convenience, but we do not warrant the accuracy or exhaustiveness of this summary, nor should you rely on this as an accurate or exhaustive list of your rights.
a) Right to Know. You have the right to obtain from us certain information about our collection of your personal information over the past 12-month period, including:
i) the categories of personal information we collected;
ii) the specific pieces of your personal information we collected;
iii) the categories of sources for the personal information we collected;
iv) our business or commercial purpose for collecting or selling that personal information;
v) the categories of third parties with whom we share that personal information; and
vi) if we sold or disclosed your personal information, then:
a) a list disclosing the categories of personal information involved in sales and the categories of third parties to whom we sold
your personal information; and
b) a list identifying categories of personal information disclosed for a business purpose and the categories of third parties with
whom we shared your personal information. You have the right to obtain this information from us, free of charge, twice
b) Right to Delete. You have the right to request that we delete your personal information that we have collected, subject to certain exceptions. When you contact us, please let us know:
i) the information you are requesting us to remove, update, correct or amend; and
ii) the timeframe and manner in which you believe we came to collect such information.
c) Right to Opt-Out. You have the right to opt-out of the sale of your personal information. However, we do not sell, rent or trade your personal information to any third parties, as we value your privacy. Therefore, no request to opt-out of sale is necessary.
d) Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for exercising your rights under the CCPA. We will not discriminate against you in any way for exercising any of the rights available to you under the CCPA, including by denying you goods or services, charging you different prices or rates, providing you with a lesser quality of goods or services or suggesting that you would receive a different price or rate for goods or services or a different quality of goods or services.
11.2 To exercise any of your rights, please contact us using the contact details provided below. We are required to verify the identity of anyone who makes any request.
11.3 NOTICE TO CALIFORNIA RESIDENTS (California’s “Shine the Light” Law)
We do not share your personal information with third parties whom we know, or have reason to know, may use your personal information for “direct marketing purposes,” as contemplated by California’s “Shine the Light” law (Civil Code Section § 1798.83).
11.4 NOTICE TO NEVADA RESIDENTS
We do not exchange your personal information for monetary consideration with anyone who will license or sell your personal information to third parties.
12. CHILDREN’S PRIVACY
12.1 This website, and the information contained on it, is specifically designed for adults over the age of 19 years old, which is the age of majority in the Province of British Columbia, Canada.
12.2 This website is not directed towards, or designed for use by, children under the age of 19 years old.
12.3 If you are under the age of 19 years old, you must not access this website or perform any of the Actions.
12.4 We do not knowingly collect, use, store or share personal information from children under the age of 19 years old. If you know or have reason to believe that we have collected data from anyone under the age of 19 years old, please contact us using the contact details provided below for the removal of that data.
13.2 We will alert you to any changes by posting the effective date of the latest version at the top of this page, at which point any changes will become effective immediately.
14. ALTERNATIVE FORMS
15. HOW TO CONTACT US
15.1 The Director and Privacy Officer, Dr. Tamie H. Fennig, is responsible for ensuring the compliance of Alexander, Fennig & Co., Inc. with this policy and British Columbia’s PIPA.