“Dependent” means individuals for whom you have the legal authority to make decisions for whom you are the legal guardian;
“Coach(es)” means individuals on contract or in the employment of FOM that serve to offer Services through our Website.
“Personal Information” means any information, recorded in any form, about an identified individual or an individual whose identity may be inferred or determined from such information, other than business contact information (e.g. name, title, business address) or information readily available to the public. This includes, but is NOT limited to, name, date of birth, home address, contact information, email address and
2. Collection of Personal Information
Any Interaction may result in our collection of Personal Information. We collect Personal Information directly from you, or indirectly from third party sources as otherwise permitted by applicable law.
a) Information collected on the Platform including but not limited to, names, addresses, emails, phone numbers, birthdates, sex, and other information will be stored in FOM’s electronic record, email and phone system.
b) Account: When you create or reconfigure an account on the Platform (the “Account”), you may provide Personal Information, such as your name, contact information, email address, etc.
Registration for the Service requires a birth date and place of residence. Registration and access to the Platform is restricted to persons of the age of 18 years and older.
c) Log Data: Our servers automatically record information (“Log Data”) related to your actions on the Platform. Log Data may include information such as your IP address, browser type, internet service provider, date/time stamps, the referring domain, pages visited, products viewed and search terms. Other actions, such as interactions with the Platform may be also included in Log Data. Log Data may also be recorded by third party websites.
d) Links: The Platform may keep track of how you interact with links by redirecting clicks or through other means. We do this to help improve our Services, and to be able to share aggregate click statistics such as how many times a particular link was clicked on. The Platform may also use tracking technologies such as web beacons, tags and pixels to record information about how you browse the Platform.
e) Cookies: Like many websites, we use “cookie” technology to collect additional Platform usage data and to improve our Services, but we do not require cookies for many parts of the Platform. A cookie is a small data file that is transferred to your computer’s hard disk. The Platform may use both session cookies and persistent cookies to better understand how you interact with our Platform, to monitor aggregate usage by our users and web traffic routing, and to improve our Services. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, keep in mind that this may disrupt the Services being provided to you.
f) Device Identifiers: When you use a mobile device like a tablet or cell phone to access our Platform, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to your device.
g) E-Mail: You may decide to send us Personal Information in an e-mail message whether or not you have created an Account.
h) Third Party Services: We use a variety of services hosted by third parties to help provide our Services, and to help us understand the use of our Platform, such as Google Analytics. These services may collect information sent by your browser as part of a web page request, such as cookies or your IP request.
3. How We Use Your Information
a) confirm your eligibility to use the Platform, create an Account for you, authenticate you when you log onto the Platform and personalize your experience on the Platform;
b) determine your eligibility for any requested Platform Services;
c) connect you to the appropriate Coach, and to disclose the Personal Information necessary to facilitate the requested Platform Services;
d) help you efficiently access your Personal Information after you sign in to your Account; e) establish, maintain and manage client relations with you so that we may provide you with the requested Services;
f) provide personalized content and information to you and others, which could include online ads or other forms of marketing (you can choose not to receive any electronic marketing communications from us by clicking the “Unsubscribe” function contained in all of our electronic communications or by contacting us at email@example.com);
g) receive your feedback and provide ongoing customer service to you;
h) develop and test new products or services and features and improve our level of service; i) communicate additional service offerings for products (e.g. coaching services, self-improvement services, product resources) via email/text/phone or video;
j) provide information about the Platform including updates and notifications; k) monitor metrics such as total number of visitors, users, traffic, and demographic patterns; l) facilitate payments for Platform Services;
m) diagnose or fix technology problems;
n) meet legal and regulatory requirements; and
o) such other purposes consistent with these objectives and as may be permitted or required by applicable law.
Information about you and your use of the Services may be aggregated with other information in ways that do not personally identify you (the “Aggregated Information”) or constitute Personal Information. This type of aggregated or statistical information may be used by us to improve the quality of the Services or for other purposes that we may deem appropriate.
4. Information Sharing and Disclosure
a) Your Consent: We may share or disclose your information with your consent. Consent can be either expressed (verbally, in writing or electronically) or implied, where permitted under applicable law. In determining the appropriate form of consent, we will consider the sensitivity of the information. When you provide your Personal Information voluntarily on the Platform or to a Coach, you imply that you have consented to the collection, use and disclosure of such information. You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting us at firstname.lastname@example.org. Please note that in some circumstances, a change in or withdrawal of consent may severely limit our ability to provide the requested services.
b) Without Consent: Please note that there are circumstances where the use and/or disclosure of your Personal Information may be justified or permitted or where we are obliged to disclose information WITHOUT consent. Such circumstances are consistent with PIPEDA and the DPA and may include, but are not limited to the following: if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our rights or property.
c) Non-Personal Information: We may share or disclose Aggregated Information derived from your information or your non-Personal Information.
f) Governmental: We may share Personal Information with government agencies and law enforcement officials, when required to do so to respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims.
5. Accessing, Modifying and Disposing of Personal Information
User Generated Personal Information: We endeavour to ensure that your Personal Information (referred to here as the “User Generated Personal Information”) is accurate, current and as complete as possible to fulfill the purposes for which the information has been collected, used, retained and disclosed. You may email us at email@example.com to request access to review, challenge the accuracy of or request deletion of the User Generated Personal Information held by us and to request corrections and we will respond within a reasonable time. To guard against fraudulent requests, we may require sufficient information to allow us to confirm that the person making the request is authorized to do so before granting access or modifying any User Generated Personal Information. We may also deny your request if permitted or required by law and if so, provide you with the reasons for the denial.
If you successfully demonstrate the inaccuracy or incompleteness of any of the User Generated Personal Information, we will amend or delete such information as required. If we do not agree on the resolution to your satisfaction, we will document the substance of the unresolved challenge.
Where appropriate, we will transmit the amended information or the existence of the unresolved challenge, as the case may be, to third parties having access to the information in question so that they may modify their records accordingly. We are however, not responsible nor liable for the failure of such third parties to update their records.
Protection of Personal Information and Disclaimer: We endeavor to maintain appropriate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information. This also applies to the disposal or destruction of Personal Information. We further protect your Personal Information and any financial or payment information by restricting its access to those employees and contractors who need to have knowledge of that information in order for us to provide our Services, as determined by our management. While we continue to work hard to protect your Personal Information, no data transmission over the internet can be guaranteed to be absolutely secure, and we cannot ensure or warrant the security of any information you transmit to us via the Platform or otherwise; any transmission is at your own risk.
6. Information Retention
Account Personal Information: We will retain your User Generated Personal Information in your Account on your behalf for as long as your Account exists subject to legal requirements and our notice to you.
All Parties agree to and understand that all content, whether submitted to a Coach, other members or any user within the site, whether proprietary or otherwise, remains private and confidential and may not be used outside of this site without the express written permission of the owner. It is further understood that the privacy settings available for each post are to be used at the sole discretion of the user in accordance with their preferred privacy setting.
The Parties shall use all reasonable efforts to maintain the confidentiality of the information and materials, whether oral, written or in any form whatsoever, of the other users that may be reasonably understood, the nature of such information itself and/or the circumstances of such information’s disclosure, to be confidential and/or proprietary thereto (collectively, “Confidential Information”); The foregoing shall not require separate written agreements with employees and agents already subject to written agreements substantially conforming to the requirements of this Section nor with legal counsel, certified public accountants, or other professional advisers under a professional obligation to maintain the confidences of clients.
8. Changes to this Policy
9. Contact Us
FOM Inc. 150 Klondike Drive, Toronto, ON M9L 1X3 CANADA
Last Updated: JULY 23, 2021