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Legal

Privacy Policy

(Effective as of July 2016) 

Datapult Inc. of 235-17 Industrial Parkway South, Aurora, Ontario, L4G 3V5 (“achu,” “we” or “us”) has adopted this privacy policy (this “Privacy Policy” or “Policy”) applicable to our web site located at www.achu.ca (the “Site”) and our mobile application (the “App,” together with the Site, the “Properties”). Please read this Privacy Policy carefully as this Policy informs you how we collect, use, and share the information that we obtain from and about you. We are not responsible for the content or privacy practices on any web site and/or mobile application that is not owned and operated by achu to which our Properties may link and/or that may link to our Properties.

In addition, please review our Terms and Services (the “Terms”), which govern your access to and use of the Properties. By accessing, visiting and/or using any of the Properties, you agree to abide by and be subject to the Terms.

We may change this Policy from time to time in order to address new issues and to reflect changes to the Properties, our data collection or use practices, or the applicable law. We reserve the right to revise or make any changes to this Policy in our sole discretion, and your continued use of the Properties subsequent to any changes to this Policy shall be subject to any such revisions of this Policy, to which you will be bound. Accordingly, please reread this Policy if the effective date posted on the top of this page has changed.

1. CHILDREN’S PRIVACY POLICY (COPPA).

Our Properties are not directed to children under the age of 13 and children under the age of 13 should not use any of our Properties. achu also does not knowingly collect or maintain information collected online from children under the age of 13.

2. INFORMATION WE COLLECT. 

a. Information You Provide. The Properties may collect personally identifiable information (PII) including, but not limited to, your name, email address, postal code and birthday when you voluntarily submit this information to us for certain purposes including, without limitation, in order to (i) create a user profile on the Site or App; (ii) register for alerts on the Site or App; (iii) subscribe to receive newsletters or other correspondence from achu; and/or (iv) to comply with applicable laws and regulations. The Properties may collect other information from you that is not considered PII such as when you contribute to the Properties using the “Calibrate Sickness?” status update feature. Since this other information is aggregated and not associated with your name or account, this information is not considered PII.

b. Automated Collection. We may use technologies like cookies and pixels to provide and understand a range of products and services

i. Browser Cookies.

We may use browser “cookies” in connection with the Properties. Cookies are a website’s way of remembering who you are. A cookie is a small text file that is stored on your computer’s hard drive or stored temporarily in your computer’s memory. There are two kinds of cookies: those that are “session” oriented and those that are “persistent”. Session cookies delete from your computer when you close your browser. Persistent cookies retain information for later use tomorrow, next week, next month, or whenever they are set to expire. We may use cookies to help us to identify account holders and to optimize their experiences in using the Properties. Also, we may use cookies to monitor and maintain information about your use of the Properties. Most web browsers accept cookies automatically. You can delete any cookies used by us manually or set your browser to automatically delete cookies on a pre-determined schedule. If you decline to accept any cookies used by us, you may not be able to take advantage of or participate in certain features of the Properties

ii. Other Technologies.

We may use other technologies such as flash cookies and web beacons (clear GIFs) in connection with the Properties. Flash cookies help us remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. Web beacons allow us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. We may use web beacons to compile aggregate statistics about our Properties and our related marketing campaigns.

iii. Use Of IP Addresses.

An IP address is a number that is assigned to your computer or network when you are linked to the Internet. When you request web pages through the Properties, our servers log your IP address. We may use IP addresses for a number of purposes, such as, without limitation, system administration, to report aggregate information to our business partners and/or to audit the use of the Properties. We may associate your IP address with the PII you provide.

iv. Ad Serving Technology. In connection with the Properties, we may employ proprietary or third party ad serving technologies that use cookies, clear GIFs, web beacons, tracking pixels or other technologies to collect information as a result of ad serving through the Properties. We or third parties operating the ad serving technology (each, a “Third Party Ad Server”) may use demographic and location information, as well as information logged from your hardware or device, in order to (A) ensure that appropriate advertising is presented through the Properties; (B) calculate and/or control the number of unique and repeat views of a given ad; (C) deliver ads that relate to your interests and (D) measure the effectiveness of ad campaigns. We or Third Party Ad Servers may collect certain data for this purpose, including, but not limited to: (1) your IP address (including for purposes of determining your approximate geographic location); (2) device ID; (3) information about your software, applications and hardware; (4) machine or device make and model; (5) advertisement(s) served; (6) in game location; (7) length of time an advertisement was visible; (8) other Internet and website usage information; (9) web pages and mobile Internet Properties which have been viewed by you (as well as date and time); (10) domain type; (11) size of the advertisement; (12) advertisement response (if any); and (13) angle of view. Note that if you click on an ad that appears on the Properties, you acknowledge and agree that your name or other identifying characteristics may be revealed to the advertiser (or the applicable Third Party Ad Server) through referrer headers (the URL transmitted by publishers when users click on ads).

You recognize and agree that the Third Party Ad Servers who deliver ads for us may combine the information collected with other information they have independently collected from other sources. These companies collect and use information under their own privacy policies. These ad serving technologies may be integrated into the Properties.

In addition, we may use pixels, or transparent GIF files, to help manage online advertising. These GIF files may be provided by our ad management partners (each, a “Management Partner”). These files enable our Management Partners to recognize a unique cookie on your web browser placed by us or another advertiser who works with the applicable Management Partner. The Management Partner may set and access its own cookies on your web browser in order to serve ads it believes may be of interest to you based on the profile information you provided to us at registration for use of the App (e.g., demographic information) as well as information collected about you by the applicable Management Partner elsewhere on the web. Management Partners may use information about you gathered from the Properties (including your demographic information provided to us upon registration for use of the App as well as your browsing behavior when using the Properties) to serve third party ads to you elsewhere on the Internet.

v. Advertising Products & Properties: After you access, visit and/or use the Properties, our advertising partners may deliver our ads to your web browser when you are visiting other web sites or mobile applications on the Internet. These ads are delivered based on cookies that are set by us or by our third party advertising network partners when you access, visit and/or use the Properties, and that are recognized by these companies when you access, visit and/or use other web sites or mobile applications. Please see the section above on cookies to learn more about setting your web browser to block cookies.

c. Log Files. We automatically recognize and log the Internet URL from which you access our Properties. We may also log your Internet protocol address or “IP address” (which may indicate the general location of your computer on the Internet), Internet service provider, and date/time stamp. Log files are used primarily for system administration and troubleshooting purposes.

d. Location Information. achu may provide certain features or services that rely upon device-based location information using GPS (where available), IP Address and crowd-sourced Wi-Fi hotspot and cell tower locations. To provide such features or services, where available, achu and its partners and licensors must collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your computer or mobile device.

e. Other Information. We may collect and use information about your access, visit to and/or use of the Properties, such as your browser type, computer operating system, the number of times you have viewed an advertisement, and whether you responded to a delivered advertisement, to serve advertisements to you on the Properties.

3. HOW WE USE YOUR INFORMATION.

a. Content, Layout & Design. When you provide information to the Site or App directly using the Sickness Calibration, or other self-reporting tools, or indirectly from information collected by the Site or App, the information that you submit may be made available to the general public as part of the Properties, but will not describe or identify you as an individual user. We may internally use your information to (i) enhance your experience of the Properties; (ii) improve the content, layout and/or design of our Properties and marketing efforts, and (iii) to determine general trends from visitors to our Properties.

b. Business and Operational Purposes. We may use your information to manage your account or to administer the Properties and help diagnose technical problems. We may use third party partners to help operate the Properties, and may share your information with our affiliates, service providers and other third parties that help maintain the Properties. Your information may also be analyzed so that we can provide you with useful information and can serve you in the best manner possible through enhanced features and functions on the Properties, including by delivering targeted content to you. We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our Properties and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.

c. Communications. We may use your information to process and confirm certain transactions that you complete when using the Properties, including, without limitation, information shared in connection with (i) your subscription to receive alerts or other updates from us on the App; or (ii) when you register to use the App (collectively, “Transactional Communications”). You cannot opt-out of Transactional Communications. In addition, we may also use your email address to send you content-based newsletters or other communications. For example, we will respond to your requests and inquiries and provide you with the information, services and features offered on or through the Properties as well as those of authorized third party sources. You may opt-out of such communications. You may also globally opt-out of any future communication from achu as further described below.

d. External Use.

i. Compelled Disclosures. We may disclose information to third parties in response to (A) requests from law enforcement officials conducting investigations; (B) subpoenas; (C) a court order; or (D) if we are otherwise required to disclose such information by law. We may release information when disclosure is necessary (as determined by achu in its sole discretion) to (1) protect the rights, property, security and/or safety of achu or others; (2) enforce the Terms, this Policy or any other agreements, terms or conditions that apply to your use of the Properties; or (3) in the event of an emergency. For example, and without limitation, we may share information to reduce the risk of fraud or if someone uses or attempts to use our Properties for illegal reasons or to commit fraud, as we may determine in our sole discretion.

ii. Corporate Change of Control. achu or any of its assets, including the Properties, may be sold, or other transactions may occur in which your information is one of the key business assets for the transaction. In such a case, your information may be one of the business assets we transfer. Hence, achu reserves the right to disclose and transfer information in connection with a change in control, merger, consolidation, restructuring, the sale of certain of achu’s assets (including through bankruptcy), or other corporate change including, without limitation, during the course of any due diligence process. 

iii. Aggregated Information. We may share aggregated information (such as the number of daily visitors to a site, or the number of sicknesses reported on a certain date) with third parties. However, this information does not directly personally identify you.

iv. Advertising. We may send third-party sponsored messages on your wireless device via short message service (“SMS Service”), emails or postal mail based off the personal information you provide us. In these circumstances, we do send the mailing on behalf of the third-party or use a vendor to do the mailing for us. Additionally, we may contact you from time to time on behalf of one or more of our members, affiliates or external business partners with information that may be of interest to you. We may also share your information with our members, affiliates and/or agents in order to allow them to notify you of promotions, products, events, and/or content in which we think you may be interested. You may opt-out of any future communication from us or from our members, affiliates and/or agents with respect to such communications. Please see Section 5 for additional information.

v. Other Purposes. We hereby reserve the right to use your information for any other purpose we may deem desirable subject to any requirement under law to seek your consent.

e. Other Uses.

i. Records Retention.

We retain information for as long as is required, allowed or we believe it useful, but we are not otherwise obligated to retain information for any period of time. Subject to applicable law, we may dispose of your information in our sole discretion without notice. If you contact us by mail, voice, email or any other form for transmission, we may keep a record of your correspondence, including any information contained therein.

ii. Social Media.

The Properties may offer connectivity to your accounts from third party social media services, such as Facebook and Twitter (“Social Media Accounts”), through an application programming interface (API) or other software or functionality. By allowing the Properties to connect with your Social Media Accounts, you consent to our accessing the information in those accounts, which information may include personal information. You likewise consent to our publishing on the Properties any such information or actions you take on your Social Media Accounts. Additionally, you understand that by accessing the Properties via any of your Social Media Accounts, any activity you engage in when using the Properties may be published on the applicable third party site. It is your choice whether to use any such third party Social Media Accounts in connection with the Properties, and you understand that in some instances the third party that provides the Social Media Accounts may request to access and publish information about you or your friends from us.

iii. Geolocation and other Mobile Properties.

The Properties may use and share your location data, including the real-time geographic location of your computer or mobile device to provide certain location-based services. Unless you provide consent, this location data is collected anonymously in a form that does not personally identify you and is used by achu and our partners and licensees to provide the Properties and improve location-based products and services. For example, your device may share its geographic location with application providers when you opt in to their location services. We will use the information we obtain in connection with our geolocation services and SMS Service in accordance with this Privacy Policy. If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information in connection therewith. Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies.

4. DATA SECURITY.

achu takes reasonable commercially precautions to protect your information from loss, misuse or alteration. We maintain reasonable physical, electronic and procedural safeguards for your information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your information, achu cannot ensure or warrant the security of any information you transmit to us or from our Properties. You use the Properties at your own risk. Once we receive your transmission, we will use commercially reasonable efforts to ensure its security on our systems.

You should not divulge your password to anyone. achu will never ask you for your password by unsolicited phone call or unsolicited email. Remember to sign out of your achu account and close the App or your browser window when you have finished your work to ensure that others cannot access your personal information.

We are not liable for any breach of our systems or interception of our transmission, and we hereby disclaim, to the fullest extent provided under law, any liability associated with any breach of security, data or information.

5. OPT-OUT PROCEDURE.

Upon your written request, we will (a) correct or update your personal information; (b) stop sharing your personal information with other entities for their marketing purposes; (c) disable your account to prevent any future correspondence through that account; and (d) honor any opt-out request made in accordance with the terms of this Privacy Policy. You can make any such request by emailing info@achu.ca. Please include your name, street address, email address or phone number to contact you regarding the request, a clear and precise description of the data which you would like to review, correct, modify, or opt-out of, and any other information that will make it easier for us to locate your personal data

Please understand that if you opt-out of receiving correspondence from us, we may still contact you in connection with Transaction Communications. Also, a request to have us stop sharing your personal information with other entities will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from entities that received your personal information prior to such request. In these cases, please contact that entity directly. Finally, please also understand that if you opt-out of receiving correspondence from us, you may not be able to use some of the features and benefits offered through the Properties.

6. NOTICE TO CALIFORNIA RESIDENTS.

Pursuant to California Code 1798.83, residents of the state of California have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain categories of personal information during the preceding year for the third parties’ direct marketing purposes and the categories of personal information the company shares. Alternatively, the law provides that a company that has a privacy policy that provides consumers with choice (i.e., a right to opt-out or opt-in) regarding the sharing of their personal information with third parties for their marketing purposes may instead provide information on how to exercise that choice. achu hereby chooses the latter option and provides you with a right to opt-out of the collection of your personal information that will be shared with third parties for their marketing purposes. Should you choose to exercise this opt-out right, you must make any such request by emailing info@achu.ca.

Moreover, we may use certain methods and technologies to collect PII relating to your online activities over time (i.e., through more than one visit to the Site) and across third party websites or online services (i.e., through our receipt of PII from other data sources). Any user who wishes to opt-out of such PII collection may contact us by emailing info@achu.ca.

Some web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. This is different from disabling certain forms of tracking by declining cookies in your browser settings, as browsers with the “Do Not Track” setting enabled still have the ability to accept cookies. How browsers communicate the “Do Not Track” signal is not yet uniform. For this reason, the Site does not currently interpret, respond to or alter their practices when they receive “Do Not Track” signals. Please note that third parties may collect personal information about your online activities over time and across different websites when you visit the Site or other online websites and services. To find out more about “Do Not Track,” you may wish to visit http://www.allaboutdnt.com.

7. THIRD PARTY WEBSITES.

When you are on our Properties you may have the opportunity to visit, or link to, other sites not operated by achu, including through advertisements that may appear on the Properties. These sites may collect PII about you. achu does not control sites that are operated by these agencies and entities and is not responsible for the information practices of these sites. This Privacy Policy does not address the information practices of those other web sites.

8. Fitbit Inc

Fitbit is a registered trademark and service mark of Fitbit, Inc. achu is designed for use with the Fitbit platform. This product is not put out by Fitbit, and Fitbit does not service or warrant the functionality of this product.

8. CONTACT US.

If you have any questions or comments regarding our privacy practices, you may contact us at info@achu.ca.