Privacy Policy

Last Updated: November 12, 2019


1. OUR SERVICE

Hello there! We are the Canadian Organization For Yoga And Mental Health Inc. (“COYMH”, “we”, “us”, or “our”), the creator of a unique yoga and mental health program for eligible students at select yoga studios (“Blu Matter Project”), along with an accompanying scheduling, booking and administration software platform for the Blu Matter Project (the “Blu Matter App”, the “Platform”, the “Blu Matter Platform” or the “Service”).



2. ABOUT OUR PRIVACY POLICY

This Privacy Policy applies to your access and use of the Blu Matter App. We take great care to protect your private and personal information under applicable legislation. Before you start using the Blu Matter App, please take a moment to carefully read and understand our Privacy Policy, which tells you what personal information we collect about you, how we use that personal information, how this information may be shared, and what choices and rights you have with respect to this information. This Privacy Policy is incorporated by reference into our Terms of Service (“Terms”). Capitalized terms that are not defined herein are defined in the Terms. 


We are headquartered in Toronto, Canada and our Platform is provided to you by the COYMH and we are considered to be controller of your personal data.


This policy was originally written in English. To the extent a translated version conflicts with the English version, the English version governs. Unless indicated otherwise, this Privacy Policy does not apply to third party products or services or the practices of companies that we do not own or control, including other companies you might interact with on or through our Platform.


If you have questions or comments about this Privacy Policy, please contact us at:  info@blumatterproject.com


3. WE COLLECT, USE, SHARE AND OTHERWISE PROCESS INFORMATION

We rely on a number of legal bases to collect, use, share, and otherwise process the information we have about you for the purposes described in this Privacy Policy, including:

  • as necessary to provide the Blu Matter App and the Blu Matter Project and fulfill what we promised in our Terms. For example, you cannot book a yoga class at a Partner Yoga Studio if the studio does not know who you are;
  • where you have consented to the processing of your information;
  • where necessary to comply with a legal obligation, such as a court order or to exercise or defend legal claims;
  • to protect your vital interests, or those of others, such as in the case of emergencies;
  • where you have made the information public;
  • where necessary in the public interest; and
  • where necessary for the purposes of our or a third party’s legitimate interests, such as those of our service providers and partners.


4. OUR LEGITIMATE INTERESTS

The legitimate interests of the COYMH and our third-party service providers and partners include:

  • providing and improving the Blu Matter App and Blu Matter Project. We do so as it is necessary to provide the Platform to you, and to keep developing and improving our Service.
  • Keeping the Platform safe and secure. We do so as it is necessary to ensure the Platform is secure, and to protect against fraud, spam and abuse, etc.


5. INFORMATION WE COLLECT ABOUT YOU


When you use the Blu Matter App, we collect various types of information about you. Some of this information like email address, can be used to identify you (“Personally Identifying Information” or “PII”), and some of this information, like class booking history, cannot be used to identify you (“Non-Personally Identifying Information” or “Non-PII”). 


The amount and type of personal information we ask for depends on the nature of the interaction. We will only collect such information as is necessary or appropriate to fulfill the purpose of your requested interaction with the Blu Matter App.


We collect information in a few different ways, including information that you entered when you sign up for an Account and configure or customize the Blu Matter App, from third parties (for example, and if applicable, if you choose to log in with a third-party single-sign-on such as Google), and automatically when you use the Platform (for example, when you navigate within the Blu Matter App).


Information you provide us

We collect information that you provide us, including:

  • Account and profile information: We collect information you provide us to sign up for an account, such as your name, email, username and password, physical address, phone number, etc.
  • Content you submit: We collect information and content that you submit to the Platform, such as when you book a yoga class.
  • Communications: When you communicate with us (via email, etc.), we store a copy of your communications. 
  • Application information: Information that you submit us to apply to participate in the Blu Matter Project.


Such information is generally considered to be personally identifying information.


Information from third parties

We collect information that third parties provide us, including information from other platforms, publicly available information, and information from our service providers. The information we receive from these other platforms for log in or sign up purposes will generally be considered Personally Identifiable Information.

  • Other Platforms: If available, the Blu Matter App may allow you to sign up and log in to the Platform using accounts that you have created with third-party platforms, such as Google. If you access the Blu Matter App with a third-party account, we will collect information that you have agreed to make available, such as your name, email address, public profile information, etc. This information is collected by the third-party account provider and is provided to us under their privacy policies. You can generally control the information that we receive from these sources using the privacy settings in your third-party account. 
  • Publicly available information: We may collect information that you make available to the public, such as when you make an Instagram post about the Blu Matter App on your public Instagram page.
  • Service Providers: We may receive information about you from our service providers. For example, Mindbody may provide us with information on whether you attended a yoga class or not, or MailChimp may let us know whether an email has been opened or not.


Information automatically collected when you use the Services

We collect certain information automatically whenever you use the Services:

  • Website activity: We collect information about your use of the Platform, including your class booking history, etc.
  • Device information: We also collect information that your device provides us in connection with your use of the Platform, such as your desktop device type, system language, mobile carrier, browser type, IP address, etc.
  • Cookies and similar technology: We use cookies in connection with your use of the Platform to collect information related to what you see and interact with. Cookies are small files placed on your hard drive that assist us in providing our services. We may use cookies to collect usage information, determine our total audience size and traffic and determining which areas of the Platform are of greatest interest to users. 
  • Web Beacons/Pixel Tags. These are invisible tags placed on certain pages of our Website. When you access our Website, pixel tags generate a notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies, the pixel tag will simply detect an anonymous website visit. We may use web beacons to recognize users and access traffic patterns.


Personal Health Information

For clarity, any information that we may collect from you and is considered to be “Personal Health Information” according to the Personal Health Information Protection Act (Ontario) will not be collected through the Blu Matter App.


Monthly Surveys

Because the Blu Matter Project requires Yoga Students to complete monthly surveys in connection to their participation and their experience with the Blu Matter Project, such information that you submit via the survey is considered to be information collected by us. Such collection shall be in accordance with our guidelines on research and ethics. 


6. USE OF INFORMATION


In general, we use both Personally Identifiable Information and Non-Personally Identifiable Information in order to administer, operate and provide the Blu Matter App and Blu Matter Project to you.


Here are some of the ways that we use your information:


How we use your Personally Identifiable Information

  • to determine whether you are eligible to participate in the Blu Matter Project and to approve or reject your Account;
  • trouble shooting technical issues that you encounter;
  • to analyze, evaluate and improve the functionality and experience of our Platform. For example, we use crash reporting to be able to fix issues promptly.
  • to respond to customer service inquiries when you contact us;
  • to prevent fraud and to maintain a quality experience for our business purposes or legal reasons;
  • to enforce our Terms of Service and Privacy Policy;
  • to provide you with system or administrative messages relating to the Platform;
  • to let you know about new features or updates to our Terms of Service or Privacy Policy;
  • to send you information about your relationship or transactions with us;
  • to send you marketing communications (where you have opted-in to receive such messages, or where an exemption for implied consent due to for an existing business relationship );
  • to administer surveys, contents or promotions (to the extent that you have opted-in to participate in these).


How we use your Non-Personally Identifiable Information

  • to analyze, evaluate and improve our Platform functionality and experience. For example, we may use crash reporting to be able to fix issues promptly and analytics to gain insight into what actions you are taking within the Blu Matter App
  • to personalise your the Blu Matter App experience


Aggregated Statistics

We may also de-identify or aggregate the information collected in connection with the Platform, in ways that do not personally identify you. From time to time, we may use this non-identifying aggregated information to perform statistical analyses of user behavior and demographics in order to measure the interest in and use of the Blu Matter App, or to publish trends such as number of downloads, number of active users, etc.


Monthly Surveys

The information we collect from Yoga Students via the monthly surveys will be complied and used by our research team to analyze the effects of regular yoga participation on mental health. Such use shall be in accordance with our guidelines on research and ethics.


Any use of your information that is incompatible with these uses will be disclosed to you in advance so that you may opt out of such uses at your discretion.


7. SHARING YOUR INFORMATION


We will not rent or sell your information to anyone. If any of your information is shared or disclosed to third parties, it will only be so that we can provide you with the full suite of our Services.


We share your information in the following ways:


Service Providers. We may share your information with third parties who provide services to us, such as OVH for database and application hosting, OpenCart for e-commerce functionality, MindBody for yoga class schedule and bookings, MailChimp for mailing list and email notification management, analytics and reporting by Google Analytics, real-time customer service chat by Drift, etc. These service providers will only have access to the information necessary to perform these limited functions on our behalf and are required to protect and secure your information. Except as otherwise stated in this Privacy Policy, these third party service providers are required not to use your information other than to provide the services requested by us.


Partner Yoga Studios. Due to the nature of the Blu Matter Project, we will share your information with our Partner Yoga Studios so that the studios are aware of who is attending their studio for welcome sessions, monthly meetings and yoga classes. 


Legal Requests. We cooperate with law enforcement inquiries and demands for information that are made under force of law. Therefore, we may disclose your information (a) to any governmental authority as part of an investigation to determine our compliance with any applicable law, rule, or regulation (including privacy laws, rules, and regulations), in accordance with the applicable law (b) in response to a court order, subpoena, discovery request, or other lawful judicial or administrative proceeding, in accordance with the applicable law (c) as otherwise required under any applicable law.


We may also disclose your information if we determine in good faith that disclosure is reasonably necessary or appropriate to protect the property rights of COYMH, third parties, yourself or the public at large.


Related Business Affiliates. We may share your information with affiliates under common control with us, who are required to comply with the terms of this Privacy Policy with regards to your information.


Sale of Business. If we become involved in a business merger, acquisition, securities offering, bankruptcy, reorganization, dissolution or other similar transaction, we may share or transfer your information in connection with such transaction. If we do this, such disclosure will be subject to confidentiality arrangements that are typical of such transactions. 


Marketing. We do not share your information with third parties for promotional purposes unless you have opted-in to such disclosure. If you have opted-in to have your information shared, you may choose to opt-out from receiving further communications from any third party that is not our agent or service provider at any time by contacting the marketing partner/affiliate directly. 


FAQ. If you send us a request for information or support in relation to our Services, we reserve the right to publish the content of your request (with any PII removed) for the purposes of clarifying our Service for other users (e.g. in a “FAQs” section).


Personal Health Information. For clarity, any information collected by us that may be considered to be “Personal Health Information” according to the Personal Health Information Protection Act (Ontario) will not be disclosed to any other third party.


8. PROTECTING YOUR INFORMATION


We strive to protect your information. We use commercially reasonable administrative, technical, and physical measures to safeguard your information in our possession against loss, theft and unauthorized use, disclosure or modification. We follow generally accepted industry standards to protect the information submitted to us, both during transmission and at rest. For data transmission security, we use standard encryption protocols (SSL/HTTPS) for transmission of information. The encryption process protects your information by scrambling it before it is sent to us from the Platform. Our hosting service providers for our database and application are reputable third-party hosting service providers whose privacy, security, transparency and industry-specific standards are best-in-class. Our systems and databases are backed up regularly to help protect your information in case of an incontrollable catastrophe.


Unfortunately, no data transmission over the Blu Matter App and the internet and no storage of data can be guaranteed to be 100% secure. Therefore, while we strive to make all reasonable efforts to use commercially acceptable means to protect your information, we cannot warrant the security of any information you transmit to us, and you acknowledge that there is always some risk when transmitting information to us through the Services.


9. DATA RETENTION


Information associated with your account will generally be kept until it is no longer necessary to provide the Service or until you ask us to delete it or your account is deleted, whichever comes first. We may however retain information from deleted accounts to comply with the law, to prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Service and take other actions permitted by law. The information we retain will, of course, be subject to this Privacy Policy.


Information about you that is no longer necessary and relevant to provide our Services to you may be de-identified and aggregated with other non-personal data to provide insights which are commercially valuable to us, such as statistics related to the use of the Services. 


10. MANAGING YOUR SETTINGS


Adjusting Notification and Email Preferences. If you originally subscribed or opted-in to receive newsletter communications from us, you may unsubscribe by following the instructions contained at the bottom of each type of email. 


Updating Account Information. You may correct, amend or update User account information that is inaccurate at any time by adjusting that information in the “My Account” section of the Blu Matter App.


11. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

The Blu Matter App is hosted and operated from within Canada and the United States. If you are located outside of Canada or the United States and choose to use the Services or provide information to us, you acknowledge and understand that your information will be transferred, processed and stored in Canada or the United States and other jurisdictions of our third-party service providers, as it is necessary to provide the Services and our obligations to you under the Terms of Service.


12. CHILDREN

The Services are not intended for individuals under 18 years of age. We do not knowingly collect personal information from individuals under 18 years of age. In the event that we learn that we have collected personal information from a child under 18 years of age, we will take appropriate steps to delete that information. If you become aware or believe that a child has provided us with personal information, please contact us as provided in the “Questions” section.


13. ADDITIONAL DETAILS


Feedback. We welcome any feedback you may have as a potential or current member of the the Blu Matter App community, subject to our Terms of Service. Please feel free to send us comments, register a complaint, or ask questions about our Services. We may store your communications, including any personal information you include in them, so that we can effectively respond to you. 


Links To Other Websites. the Blu Matter App may contain links to other websites on the internet maintained by third parties. Clicking on a link to a third-party site will make you leave the Platform and go to the site you requested. We cannot control the activities of third parties. Therefore, we cannot accept responsibility for any use of your information by such third parties, and we cannot guarantee that these third parties will adhere to the same privacy practices as ours. We encourage you to carefully review the privacy policies of any other service provider from whom you request services. 


14. CHANGES IN THIS PRIVACY POLICY


We reserve the right to make changes to this Privacy Policy at any time and in our sole discretion, so please check back frequently. If we decide to change our privacy practices, we will post the changes to this Privacy Policy on the home page or dashboard of the Blu Matter App, as an update alert, or message in the notification section of the Blu Matter App, or by sending you an e-mail update, and/or any other places we deem appropriate so that you can be made aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. 


15. QUESTIONS


If you have questions about this Privacy Policy, please contact us at info@blumatterproject.com







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