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PRIVACY POLICY

 

Last updated: November 7, 2021

 

This Privacy Policy describes Peachey Consulting Inc.’s (operating from time to time as “Coach Peachey”) and its affiliates’ policies for collecting, using, and disclosing your information. You can view Coach Peachey’ fitness training coaching services and downloadable program offerings (the “Service”), through our website www.coachpeachey.com (the “Website”), by email, and through third parties. This Privacy Policy applies to all Coach Peachey Service and Website users (“You”). This Privacy Policy governs your access to the Services regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage, disclosure and other uses of user data, materials, content, and information (“Information”) described in this Privacy Policy.

 

Herein, “Coach Peachey” designates the Coach Peachey websites, www.coachpeachey.com, and the information systems that supports them.

 

Our Privacy Policy explains what Information we collect through the Website, why we collect it, and how we use that Information. It is our policy to respect the privacy of our Users regarding any Information that we may collect while using our Service.


Terms of the Policy

  1. It is Coach Peachey’s policy to comply with the privacy legislation within our jurisdiction. This Privacy Policy covers all activities subject to the provisions of Canada’s federal and Ontario’s provincial privacy laws, and other international jurisdictions not otherwise specifically addressed by this Policy. The Website and Services are available internationally, and we endeavour to ensure compliance with all applicable privacy legislation in your jurisdiction. Coach Peachey provides its services primarily to Canadian markets, and ensures its compliance with all applicable privacy legislation, including but not limited to, the secure storage of user data, disclosing the collection and use of its user data, and only using its users’ data for purposes associated with or ancillary to the Services. 

  2. The rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. You may contact our Privacy Officer for more information on this Policy at [email protected] 

  3.  Coach Peachey does not knowingly collect personally identifiable information from any person under the age of 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us at [email protected] so that we may remove your child’s personal information. 

  4. In order to help Coach Peachey maintain and ensure that your personal information is accurate and up to date, you must inform us, without delay, of any change in the information you provided to Coach Peachey.

Personal Information
The personal information Coach Peachey collects includes:

  1. Your First and Last Name;

  2. Country in which you are Located;

  3. Email Address; 

  4. Credit Card Payment Information; and

  5. Any other information required in accordance with applicable legislation.

Prior to using our Personal Coaching services, you will also be required to provide background health and fitness information, including:

  1. Your exercise frequency;experience level, availability for scheduling, available equipment, and goals 

  2. Any medical conditions that could limit your ability to perform exercises;

  3. Any prior or existing injuries that could limit your movement, flexibility, or stamina;

 

(the “Data”)

  1. Coach Peachey may collect personal information through the following means:

  2. Directly from you/the User;

  3. Electronic Devices;

  4. Third Party Sources; and

  5. Refund Requests

 

Coach Peachey only collects such personal health and medical information as is absolutely necessary to perform our Services, and only as specifically described at Section 2(b) (the “Personal Health Information”). You should only provide your Personal Health Information to Coach Peachey if you are engaging our Services for Personal Coaching. When engaging our Personal Coaching services, you should provide only the Personal Health Information which is specifically requested by our Sign-Up Form or by Coach Peachey. You should only provide the minimum Personal Health Information necessary to answer our questions. In no event should you provide, send, or share your personal medical documents, medical records, or medical reports with Coach Peachey. “Personal Health Information” includes but is not limited to a social security number, information regarding an individual’s medical history, information regarding an individual’s medical conditions, information regarding an individual’s past or present injuries, summaries of medical test results, summaries of medical reports, and any other information which would reasonably be identified as health-related in nature.

 

Your Data may be used for purposes including but not limited to:

  1. Connecting with you for Personal Coaching;

  2. Providing you download access to a Digital Workout Program;

  3. Processing Refunds or Exchanges;

  4. Administering Promotions;

  5. Administering, billing, and collecting funds in relation to your use of Website or the Services;

  6. Protecting against fraud or error;

  7. Communicating with you to fulfill requests and ensure satisfaction; or

  8. Fulfilling the terms of a warranty or agreement; 

 

To help us monitor and improve the Website quality, we may collect your computer or mobile phone’s Internet Protocol (IP) address, browser type, the web page visited before you came to our websites, information you search for on the Website, locale preferences, transactions date and time, operating system information, as well as metadata concerning your Data such as software of origin and typology.

Coach Peachey will always seek your consent before or at the time that we collect personal information. Coach Peachey may collect information about you from a third party if you have consented to that third party to release your information, for example, for payment or credit card processing. Coach Peachey may also utilize the services of third parties and may receive personal information collected by those third parties in the course of the performance of the Services. Coach Peachey requires all third parties to provide confirmation that they are authorized to release your information.

Coach Peachey is the sole and exclusive owner of the Data and will not sell, share, lease, or otherwise distribute or disclose the Data in any way other than as disclosed by this Policy. Data may be collected through multiple pages on the Website. 

Cookies

  1. To ensure that the Website is optimized for ease of use, we or our service provider(s) may use Cookies to collect standard information about your language preferences, when you visit the Site, your browser type and version, and other similar information. You are not required to accept Cookies from the Website. You can reset your browser to notify you when it has received a Cookie or refuse to accept Cookies. However, if you refuse to accept Cookies, you may limit your viewing and/or not be able to access all features on the Website or a Gamification.

  2. Coach Peachey or its hosting providers may collect traffic information and information about your visit in a log file on a server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We or our hosting provider use this information to analyze trends, administer sites, track aggregations of users’ movements, and gather demographic information for aggregate use. IP addresses and other log file information are not connected to personally identifiable information. 

  3. Coach Peachey may also collect information from web beacons which indicate whether you visited a certain page on a website, opened a promotional email, or clicked on an online advertisement. 

  4. Coach Peachey may collect geographic location from your mobile device or IP number to determine the nearest store or suggest specific product shipping offerings.

  5. This Website is not designed to recognize “Do Not Track” requests from web browsers.


Authorized Disclosure and Use

Coach Peachey discloses personally-identifying information (“Personal Information”) only to its employees, contractors and affiliated organizations and third parties that need to know that Personal Information to process it on Coach Peachey' behalf or to provide the Services, and that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations and third parties may be located outside of Canada and/or outside your jurisdiction. By using the Website or the Services, you consent to the disclosure of such information to them for purposes including but not limited to:

  1. Providing the Services;

  2. Processing your payment;

  3. Managing and administering to User Accounts;

  4. Sending marketing and promotional communications;

  5. Conducting feedback and User surveys;

 

Coach Peachey may also use your Personal Information, specifically your contact information, including but not limited to your name and email address, with your consent for the following purposes:

  1. to send you the Coach Peachey newsletter;

  2. to inform you of Coach Peachey contests or surveys and provide associated notices and updates;

  3. to inform you of special offers from Coach Peachey and its partners and select third parties and to provide associated notices and updates; or

  4. to inform you of updates to the Website and Services;

 

Your personal information may also be used and disclosed:

  1. to comply with valid legal proceedings;

  2. to respond to a complaint or dispute;

  3. during an emergency situation where health or safety is at risk;

  4. to protect the rights of Coach Peachey;

  5. to prevent fraud or abuse of Coach Peachey or its Users;

  6. to protect the safety of any individual from injury or death;

  7. as required by our professional advisors;

  8. where the personal information is publicly available; or

  9. with your consent.

 

In such event, only the minimum amount of personal information required to fulfill the contemplated purpose will be disclosed.

Collected Information and Cookies may be used in aggregate form to assess how our Clients use our website, so that our partners may also understand how often people use our Services. Your consent will always be sought prior to Cookies being allowed from the Website.

When you contact Coach Peachey to obtain support, we may keep a record of your communication to help solve any issues you might be facing and reserve the right to publish it without any way to identify its origin, to help us support other Clients.

If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your Data and Information may be transferred as part of that transaction. We will notify you via email and a notice on our websites of any change in control or use of your Data or Information. We will also notify you of choices you may have regarding the Data and Information.

We may share aggregated, non-personally identifiable information publicly and with our partners, such as publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our Service. Coach Peachey will never disclose data which may personally identify you without your prior written consent.

You may change or withdraw your consent, or update your Personal Information at any time, subject to legal or contractual obligations and reasonable notice by contacting our Privacy Officer in writing to [email protected]. Coach Peachey may terminate any services to you immediately if you withdraw your consent to the collection of Personal Information. Coach Peachey may require that you provide to us sufficient information to identify yourself before we comply with any request regarding Personal Information or Data stored by Coach Peachey. Coach Peachey will use all reasonable efforts to respond to user requests in a timely manner.

Retention of Data and Information
You may change or update your privacy preferences by contacting [email protected]. This includes:

  1. Updating your address and personal information; 

  2. Subscribing or unsubscribing to marketing and promotional communications; and

  3. Updating your credit card information.

 

Coach Peachey will retain your information for as long as needed to provide you the Services. We use industry-standard encryption and security standards to protect your information. Once the Services you have purchased are deemed to have been rendered in the sole discretion of Coach Peachey, your Data will be deleted automatically within 30 days. If you wish to request the deletion of your Data, you may request such deletion by contacting us at [email protected].

Coach Peachey may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will endeavour to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion.

If a specific purpose is stated on the Website for the collection of information from you, the information collected will only be stored and used for that stated purpose. Your information will not be used for any other purpose which is not stated explicitly on the Website.

Coach Peachey will not process personal information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by you. We generally assume that information that you give to us is accurate. If information you give to us is inconsistent with other information you give to us or with information that is available in public records or from other sources that Coach Peachey is permitted by law or agreement to use, Coach Peachey will use reasonable efforts to make sure that the information we process is accurate.

Coach Peachey may refuse to provide access to information to the extent that disclosure is likely to interfere with the safeguarding of important countervailing public interests, such as national security; defense; or public security. Other reasons for denying or limiting access are:

  1. Interference with execution or enforcement of the law, including the prevention, investigation or detection of offenses or the right to a fair trial;

  2. Interference with private causes of action, including the prevention, investigation, or detection of legal claims or the right to a fair trial;

  3. Disclosure of personal information pertaining to other individual(s) where such references cannot be redacted;

  4. Breaching a legal or other professional privilege or obligation;

  5. Breaching the necessary confidentiality of future or ongoing negotiations, such as those involving the acquisition of publicly quoted companies;

  6. Prejudicing employee security investigations or grievance proceedings;

  7. Prejudicing the confidentiality that may be necessary for limited periods in connection with employee succession planning and corporate reorganizations;

  8. Prejudicing the confidentiality that may be necessary in connection with monitoring, inspection or regulatory functions connected with sound economic or financial management; or

  9. Other circumstances in which the burden or cost of providing access would be disproportionate or the legitimate rights or interests of others would be violated.

 

Third Party Applications

  1. Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be linked from our Services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

  2. We may share your information with a third party application with your consent, for example for payment processing. We accept no responsibility or liability in respect of any third party. Please refer to the privacy policies published on any third party sites which you may access through our site before submitting personal information to them.

     

Enforcement

We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities to resolve any complaints regarding the transfer of Data and Information that we cannot resolve with our Clients directly.


Security

The security of your Data and Information is important to us. We follow the generally accepted standards held within our industry to protect the information submitted to us, both during transmission and once we receive it. We store our data on internal, external, and encrypted online servers, protected with firewalls, malware protection, and multiple backup points. However, no method of electronic transmission or storage is 100% secure. Therefore, we cannot and do not guarantee absolute security. Unless specific contractual arrangements are made with you, Coach Peachey may process your Data on a server located outside your jurisdiction.


Privacy Officer

The Privacy Officer for Coach Peachey is Melissa Peachey. Should you have any questions about this policy, including any complaints, you may contact our Privacy Officer at [email protected] or by written notice delivered to 21 King Street West, 5th Floor, Hamilton, ON, L8P 4W7.

Costs

Coach Peachey reserves the right to charge a reasonable amount to respond to requests to produce transcripts, copies, or transfers of its Data. You will be notified prior to being assessed a charge for such services. 

Changes to This Privacy Policy

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit approval. We will post any privacy policy changes on our websites and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). We will also keep archived versions of this Privacy Policy for your review. By using the Website, you acknowledge and agree to this procedure. 

Governing Law

This Privacy Policy is governed by the laws of the Province of Ontario and applicable laws of Canada and these laws apply to the use of the Services by you, notwithstanding your domicile, residency or physical location. The Services are intended for use only in jurisdictions where it may lawfully be offered for use.


Enforceability

If any term of this Privacy Policy is deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from this Privacy Policy and the remaining terms will continue to apply.

No Waiver

Failure of Coach Peachey to enforce any of the provisions set out in this Privacy Policy or failure to exercise any option to terminate shall not be construed as a waiver of such provisions and shall not affect the validity of this Privacy Policy or any part thereof, or the right thereafter to enforce each and every provision.

Agreement to Terms of Policy

By using the Website and/or providing information to us, you accept and agree to the collection and use of your personal information for the purposes described hereinabove.

Arbitration

In the event of any dispute relating to or arising out of your use of the Privacy Policy, such dispute shall be settled and determined by a single arbitrator in accordance with the Arbitration Act of Ontario. If you and Coach Peachey are unable to agree on an arbitrator within fifteen (15) days after Coach Peachey is made aware of the dispute, then the parties shall submit the matter to the ADR Institute of Ontario (or is successor), which shall choose the arbitrator. The decision of the arbitrator shall be final and binding without appeal on questions for law or fact or for any reason whatsoever.  Costs of the arbitration shall be shared equally between you and Coach Peachey. In the event arbitration is not allowed by law, any other action must be brought only in the courts of Ontario, Canada.