We are Sparx Smart Pods Inc. (“Smartpods” or “we”). Your privacy is important to us. This Policy describes:

1. 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

1. 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
• Gender
• Year of birth
• Height
• Weigh
• 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).

Note that you can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies some parts of this App may not be accessible or may not function properly.

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.

These third parties may use cookies, alone or in conjunction with other tracking technologies to collect information about you when you use the App. The information they collect may be associated with your personal information. They may use this information to provide you with behavioral advertising or other targeted content. You can opt-out of several third-party ad servers’ and networks’ cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada. You can also access these websites to learn more about online behavioral advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns. We do not control these third parties’ tracking technologies or how they use them. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

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

Other than as expressly set forth in this Policy – or with express permission of the individual – we do not rent, sell or share personal information we collect about our users to or with third parties. Information collected is only used to complete and support use of the App, and to comply with any requirements of law. However, we may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to: (1) comply with legal requirements; (2) protect and defend the rights or property of Smartpods; or (3) act in urgent circumstances to protect the personal safety of our users, our employees, or the public. If we should ever file for bankruptcy or merge with another company, we may sell our users’ personal information to a third party (in the case of bankruptcy) or share your personal information with any company with whom we merge – in such situations, we will require, to the best of our ability, the purchasing or merging party to comply with this Privacy Policy.

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.

Data Retention

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.

Contact
We welcome any comments or questions you might have about this Privacy Policy, and we are happy to provide any additional information you require. Please contact our Data Protection Officer at DPO@smartpods.ca.

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.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page.

We include the date the privacy policy was last revised at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting this privacy policy to check for any changes.

Contact Information and Challenging Compliance

We welcome your questions, comments, and requests regarding this privacy policy and our privacy practices. Please contact our Data Protection Officer at: DPO@smartpods.ca

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.

Terms of Use: Smartpods App

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