WHERE SCIENCE MEETS PHILOSOPHY
Our modern world relies on sedentary work, but sedentary workers are becoming less and less healthy. Humans are built to move, and the healthiest among us are constantly moving at a low intensity.
Smartpods technology was designed and engineered to provide innovative, dynamic workstations that have the potential to create healthier, happier employees, reduce common illnesses and conditions related to a sedentary lifestyle, and even create higher levels of productivity and employee satisfaction.
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Want to know more about what Smartpods can do for your organization and your employees? We’d love to hear from you.
For more information about Smartpods technology, and to learn more about we can impact your employees’ health and wellness, contact us today!
We are Sparx Smart Pods Inc. (“Smartpods” or “we”). Your privacy is important to us. This Policy describes:
- The types of information we may collect or that app users (“you”) may provide when you purchase, download, install, register with, access, or use the Smartpods app (the “App”); and
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
We also want to let you know about what rights you have to your personal information, and how to contact us if you have any questions.
Personal information means information about an identifiable individual, or information, that in combination with other, readily available information, may be used to identify an individual. Examples of personal information include your email address, your name, or certain information about how you use your Smartpods workstation through the App. This Policy also describes how we collect, use, and disclose other, non-personal information – for example information that has been de-identified and .
If you have any questions relating to the collection, use or disclosure of your personal information, or about our privacy practices in general, contact our Data Protection Officer at DPO@smartpods.ca.
How we collect personal information
Our collection of personal information is limited to what is reasonable under the circumstances, and your information will be used only for the purpose for which it was collected, or when it is required or permitted by law.
Below is a detailed description of the kinds of information we collect, and the purposes for which it is collected:
Information You Provide to Us
When you download, register with, or use this App, we may ask you to provide:
- Information by filling in forms in the App. This includes information you provide when creating your account and your user profile in the App and requesting further services. While only your email address and a password are required to open an account and create a user profile, additional information allows us to customize App features for you. We may also ask you for information when you report a problem with the App.
All profile information – other than email address – is optional. You can still use the App without providing any additional information to create a profile, however, customization features may be limited. The following information may be added in by you to create and update your user profile:
- First and last name
- Telephone number
- Year of birth
- Job description
- Lifestyle (choose from a drop-down menu – ie, “active”, or “sedentary”)
- Estimated number of calories expended in a day
- BMI (Body Mass Index, which is a calculation based on your weight and height)
- BMR (Basal Metabolic Rate, which is a calculation based on your weight, height, and age)
- Your preferences regarding desk movement and height
- Records and copies of your correspondence, including email addresses and phone numbers, if you contact us.
- Your responses to additional surveys about your activity levels, injuries and exercises, hydration and eating habits, and desk habits that we might ask you to complete so that we can provide App users with customized fitness and health recommendations, and to allow users to track their own progress, as well as for research or other purposes.
- We also collect information from users through optional surveys relating to mental and physical health, .
Automatic Information Collection and Tracking Technologies
When you download, access, and use the App, it may automatically collect:
- Usage details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.
- Device information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address operating system, browser type, mobile network information, and the device’s telephone number.
- Stored information and files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
The technologies we use for this automatic data collection may include:
- Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting, you may be unable to access certain parts of our App.
- Web beacons. Pages of the App may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit Smartpods, for example, to count users who have visited those pages and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
Third-Party Information Collection
When you use the App or its content, certain third parties collect information about you or your device. These third parties may include:
- Analytics companies.
- Your mobile device manufacturer.
- Your mobile service provider.
How We Use Your Information
We may use information that is derived from personal information, but has been de-identified, for any purpose and as permitted by law. These purposes can include how our users use our App, and to develop new products and services.
In addition to the uses explained above, we use personal information that we collect about you or that you provide to us for the following purposes:
- To provide you with the App and its contents.
- To provide you with information, products, or services that you request from us.
- To fulfill the purposes for which you provided it or that were described when it was collected or any other purpose for which you provide it – for example, to provide you with a “risk score” relating to your survey responses and user profile, and to provide you with customized recommendations relating to exercise, your desk activity profile, movement patterns, etc.
- To carry out our obligations and enforce our rights in any contracts with you, including for billing and collection or to comply with legal requirements.
- To notify you when App updates are available, and of changes to any products or services we offer or provide though it.
- To improve our App, products or services, or customer relationships and experiences.
- To allow you to participate in interactive features, social media, or other features on our App.
- For any other purpose with your consent.
Usage information that we collect helps us to improve our App and to deliver a better and more personalized experience, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our App according to your individual interests.
- Recognize you when you use the App.
If you allow location information to be collected on your smartphone while using the App, we use this information to assess the geographic location of our users. We may also collect and use this information to provide you with customized feedback regarding your activity level (for example, assessing if you have reached a target level of steps in each time period).
We may use the information we have collected from you to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Sharing and disclosure of information
Third-party service providers
We employ other companies and individuals to perform certain functions on our behalf. For example, Microsoft Azure provides data storage for us.
Unless otherwise indicated, our service providers who have access to personal information are given such access only to the extent needed to perform their functions on our behalf but may not use it for other purposes. By providing personal information to us to use our products or services, users acknowledge and agree that transfer of personal information to such third parties may be necessary to provide users with such products and services, and users hereby consent to such disclosure.
Sharing of aggregate information
Certain non-identifying, aggregate information is provided to employers where the Smartpods workstations are located, for the purpose of assisting an organization’s HR, OHS and Wellness Committees in understanding general health and wellness trends in a particular work setting. If you use the App through such an employer, such non-identifying information may be shared. This may include both general usage data, as well as survey response information.
Security of information
We take reasonable, industry standard precautions to maintain the confidentiality and security of personal information so that it is not disclosed to anyone who is not authorized to receive it, unless required by law or as otherwise set forth herein. We are proud to be ISO 270001 certified and fully compliant.
Where possible, we protect the security of information during transmission by using Secure Sockets Layer (SSL) and Transport Layer Security (TLS1.2) software, which encrypts the information.
The safety and security of your information also depends on you. You are responsible for keeping your password to your account confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any App privacy settings or security measures.
Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize or aggregate your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
Access to personal information
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.
You can review and change your personal information by logging into the App and visiting your account profile page and editing as required. If you want to review, verify, correct, or withdraw consent to the use of your personal information you may also send an email to our Data Protection Officer at DPO@smartpods.ca to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you a fee to access your personal information, however, we will notify you of any fee in advance.
We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
Transfers of Personal Information
We may transfer personal information that we collect or that you provide us to contractors, service providers, and other third parties we use to support the App (such as analytics providers that assist us with App improvement and optimization) and who are contractually obligated to keep personal information confidential, to use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.
We may process, store, and transfer your personal information in and to other countries with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information. Whenever we engage a service provider, we require that its privacy and security standards comply with this policy and applicable Canadian laws.
Withdrawing Your Consent
Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at [email address]. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service, or all functions of the App. We will explain the impact to you at the time to help you make your decision.
Children Under the Age of 13
Our App is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the App. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the App. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at DPO@smartpods.ca.
Contact Information and Challenging Compliance
We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information and our compliance with this policy and with applicable privacy laws. To discuss our compliance with this policy please contact our Privacy Officer using the contact information listed above.
This Agreement applies to the use of the App (as defined below).
This Agreement is a legally binding agreement between you (the “User”) and SPARX SMART PODS INC., a body corporate incorporated under the laws of the Province of New Brunswick (the “Licensor”, or “Smartpods”).
By installing and using the App, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not install or use the App.
- In this Agreement:
- “Agreement” means this End-User License Agreement;
- “App” means the Smartpods app developed by the Smartpods.
- “Intellectual Property Rights” means all patents, inventions, trade-marks, service marks, registered designs, integrated circuit topographies, including applications for any of the foregoing, as well as copyrights, design rights, moral rights, know-how, confidential information, trade secrets, and any other similar rights in Canada and in any other country;
- “you”, “your” or “yourself” means the corporation, partnership, firm, government, agency or individual that uses the App;
- The App shall remain Smartpods’ property, including all Intellectual Property Rights therein. All rights to the App and software, subject only to the licenses granted herein, are reserved to Smartpods.
- License Grant. You acknowledge that the App contains certain trade-secrets, Intellectual Property Rights and proprietary information owned by Smartpods. Smartpods hereby grants and you hereby accept, a personal, non-transferable and non-exclusive license to use the App, under terms and conditions of this Agreement. Any rights not expressly granted in this Agreement shall be reserved for Smartpods. All Intellectual Property Rights of whatever nature associated with the App shall be and remain the exclusive property of Smartpods. You may not copy the App software.
- Except as otherwise expressly permitted in this Agreement you may not:
- use the App beyond the scope of the license provided under Section 3;
- modify or create any derivative works of the App, including translation or localization;
- decompile, disassemble, or reverse engineer the App or associated software, or otherwise attempt to derive the source code for the App (except to the extent applicable laws specifically prohibit such restriction);
- redistribute, encumber, sell, rent, lease, sublicense or otherwise transfer rights to the App;
- remove or alter any trademark, logo, or other proprietary notices, symbols or labels on the App; or
- take any action to jeopardize, limit or interfere in any manner with Smartpods’ ownership of the Intellectual Property Rights in the App.
- You acknowledge and agree that that App is based on generally validated research, but it is not intended to diagnose, treat, cure, or prevent any disease, and is in no way a substitute for professional medical care. The App should not be used without first consulting with a competent healthcare professional.
- Export Control. You agree to comply with all export laws, restrictions and regulations of Canada, the United States or foreign agencies or authorities, and not to export or re-export the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals.
- No Other Warranties: YOUR USE OF THE APP IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SMARTPODS MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIS AGREEMENT OR THE SOFTWARE, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. Smartpods shall not be liable to you for any direct, indirect, incidental or consequential damages or damages for loss of profits arising from any matter related to the App or any contract breach, fundamental or otherwise or from any acts or omissions of employees of Smartpods and in no event shall Smartpods’ liability exceed the amount paid by you (or paid on your behalf) for the App. This limitation of liability extends to any alleged liability arising under the law of contracts, torts, negligence or any legal or equitable theory whatsoever. The terms of this Section represent a separate and independent covenant of you and shall survive any termination of this Agreement, howsoever caused. You acknowledge that Smartpods would not enter into this Agreement with you and would not provide the App to you without this covenant.
- You hereby covenant and agree, at your expense, to indemnify Smartpods and to defend Smartpods and to save and hold Smartpods harmless from and against and in respect of any and all liabilities, claims, demands, causes of action, actions, losses, damages and expenses (including, without limitation, all applicable legal fees and disbursements) of every nature and kind for or in respect of or relating to your use of the App. Any amount for which you are liable under this Agreement shall be due and payable forthwith after demand therefor is made in writing to you. The terms of this Section represent a separate and independent covenant of you and shall survive any termination of this Agreement, howsoever caused. You acknowledge that Smartpods would not enter into this Agreement and would not provide the App to you without this covenant.
- You shall not disclose any business, technical, or financial information of Smartpods nor copy or utilize, other than in conjunction with the purposes of this Agreement any information, trade, or professional secrets of Smartpods, which shall be deemed to include the App (hereinafter “Confidential Information”). You will use at least the same degree of care to protect the Confidential Information of Smartpods as you would use to protect your own Confidential Information of a similar nature, but in no event less than reasonable care. You shall ensure that your employees, agents, and subcontractors observe these conditions. Confidential Information shall not include any information which: (a) was previously known to you if you can prove such prior knowledge and you did not learn such information from a person whom you knew or ought to have known was under a duty to Smartpods not to disclose the information; (b) is or becomes part of the public domain without breach of this Agreement; (c) you receive from an independent third party who is not under an obligation not to disclose it; (d) is independently developed by you as evidenced by documentation dated prior to the time of disclosure by Smartpods; or (e) is required to be disclosed pursuant to the order of a governmental agency, legislative body, or a court of competent jurisdiction, provided reasonable prior notice of the intended disclosure is provided to Smartpods.
- This Agreement constitutes the entire agreement between the parties concerning the subject-matter of this Agreement and supersedes all prior agreements, understanding and negotiations, both written and oral, between you and Smartpods. This Agreement shall be construed in accordance with and governed by the laws of the Province of New Brunswick. The United Nations Convention on the International Sale of Goods shall not apply in any respect to this Agreement. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations under this Agreement except in the case of a merger or the sale of all, or substantially all, of your assets to another entity. This Agreement shall be binding on and shall endure to the benefit of the parties, their successors and permitted assigns. The sections in this agreement with the following titles shall survive any termination of his Agreement, however caused: Restrictions, Proprietary Rights, Export Control, No Other Warranties, Limitation of Liability, Indemnity, Confidentiality, Miscellaneous and Dispute Resolution. This Agreement may not be added to, modified, superseded or otherwise altered except by writing signed by authorized representatives of you and Smartpods.
- Dispute Resolution. Any dispute relating to this Agreement shall be submitted to final and binding arbitration pursuant to the Arbitration Act (New Brunswick), provided that there shall be a single arbitrator, unless the parties to the dispute cannot agree on a single arbitrator, in which case any of the parties to the dispute may apply to a court of competent jurisdiction for the appointment of an arbitrator. Any arbitration shall be conducted in Moncton, New Brunswick, in the English language. The prevailing party shall be awarded its reasonable costs associated with the arbitration, including legal fees and other expenses. Notwithstanding any other provision in this section, a party to the dispute shall be able to seek interim or injunctive relief before a court of competent jurisdiction for a breach or a threatened breach of any provision of this Agreement dealing with Confidential Information or Intellectual Property Rights. For the purposes of the foregoing, each Party expressly attorns to the jurisdiction of the courts of the Province of New Brunswick and waives any claim or defense of inconvenient forum.
- For further inquiries, please contact Sparx Smart Pods Inc. at:
Mail: 616 Champlain St. Suite B, Moncton, New Brunswick, Canada