- Introduction
In this policy, “we”,
“us”,
“ our” and
“4Five” refer to 4Five Labs
Inc. For more information about us and how to
contact us, see Section 11.
We respect your privacy and are committed to
protecting it through our compliance with this
Policy.
This privacy policy (“Policy”)
applies when we are acting as a data controller
with respect to the personal data of our users.
This Policy describes how we collect, use and
share personal data of consumer users across our
websites, including www.4fivelabs.com (the
“Website”), 4Five’s mobile
application (the “ App”) and
services offered to users (collectively with the
Website and the App, the
“Services”), and from our
partners and other third parties. When using any
of our Services you consent to the collection,
transfer, storage, disclosure, and use of your
personal data as described in this Policy.
Please read this Policy carefully to understand
our policies and practices regarding your
personal data and how we will treat it. By
accessing or using the Services, you agree to
this Policy. Our Services also incorporate
privacy controls which affect how we will
process your personal data. Please refer to
Section 5 for a list of rights with regard to
your personal data and how to exercise them.
This Policy may change from time to time. Your
continued use of the Services after we make
changes is deemed to be acceptance of those
changes, so please check the Policy periodically
for updates.
- Information We Collect About You and How We
Collect It
There are three general categories of information
we collect.
- Information You Give to Us.
- We collect your account data, which
may include your name, email address
(“Account Data”).
The Account Data may be processed
for the purposes of providing to you
our Services and of ensuring their
security, maintaining back-ups of
our databases and communicating with
you. This information is necessary
for the adequate performance of the
contract between you and us and to
allow us to comply with our legal
obligations. Without it, we may not
be able to provide you with all the
requested Services.
- We process information that you post
for publication through our Services
(“Publication
Data”), including the
content that you share to your
social profiles. The Publication
Data is processed for the purposes
of enabling such publication and
administering our Services. The
legal basis for this processing is
the performance of a contract
between you and us and/or taking
steps, at your request, to enter
into such a contract. Without it, we
may not be able to provide you with
all the requested Services.
- We process financial information
such as credit card or PayPal
information when you order Services
in order to facilitate the
processing of payments
(“Payment
Information ”).
The legal basis for this processing
is the performance of a contract
between you and us and/or taking
steps, at your request, to enter
into such a contract and our
legitimate interests, namely our
interest in the proper
administration of our website and
business.
- We may process information contained
in or relating to any communication
that you send to us
(“ Correspondence
Data”). The
Correspondence Data may include the
communication content and metadata
associated with the communication.
The correspondence data may be
processed for the purposes of
communicating with you and
record-keeping. The legal basis for
this processing is our legitimate
interests, namely the proper
administration of our website and
business and communications with
users.
- We may process information included
in your personal profile, which may
include your location, time zone and
website (“ Profile
Data”). The Profile
Data may be processed for the
purposes of providing you a better
user experience when using the
Services. The legal basis for this
processing is your consent.
- Information We Automatically Collect from
Your Use of the Services.
- When you use the Services, we may
automatically process information
about your computer and internet
connection (including your IP
address, operating system and
browser type), your mobile carrier,
device information (including device
and application IDs), search terms,
cookie information, as well as
information about the timing,
frequency and pattern of your
service use (“Service
Data”). The Service
Data is processed for the purpose of
providing our Services. The legal
basis for this processing is the
adequate performance of the contract
between you and us, to enable us to
comply with legal obligations and
our legitimate interest in being
able to provide and improve the
functionalities of the Services.
- Information We Collect from Third Parties.
- You may choose to connect the
Services to your accounts on third
party services such as Facebook,
Instagram (“ Social
Networking Service”)
for the purpose of managing your
social media presence through our
Services. When you do this, we
automatically process personal
information about you on such Social
Networking Services, including your
account and profile data, RSS, lists
of followers, social media content
and your actions with respect to
such content (the
“ Social Media
Information”). The
Social Media Information is
processed for the purposes of
optimizing your social media
activity on the Social Networking
Services and administering our
Services. The legal basis for the
processing of Social Media
Information is the performance of a
contract between you and us and/or
taking steps, at your request, to
enter into such a contract.
- Disclosure of Personal Data
- We may disclose your personal data to any
member of our group of companies (this means
our subsidiaries, our ultimate holding
company and all its subsidiaries) insofar as
reasonably necessary for the purposes, and
on the legal bases, set out in this
policy.
- Financial transactions relating to the
Services are handled by our payment services
providers, Paypal, Braintree and Stripe. We
will share Payment Information with our
payment services providers only to the
extent necessary for the purposes of
processing your payments, refunding such
payments and dealing with complaints and
queries relating to such payments and
refunds. You can find information about the
payment services providers’ privacy policies
and practices at
https://www.paypal.com/in/webapps/mpp/ua/privacy-full
https://www.braintreepayments.com/leg
https://stripe.com/us/privacy/
- We may disclose personal data to Social
Networking Services insofar as reasonably
necessary to allow you to manage your social
media presence through our Services.
- We may disclose Service Data to a variety of
third party service providers insofar as
reasonably necessary to improve the
functionalities of the Services. For
example, we may disclose Service Data to
obtain useful analytics, provide in-app
support to mobile app users, determine
location data and provide search engine
functionality to our users.
- We may share aggregated data (information
about our users that we combine together so
that it no longer identifies or references
an individual user) and other anonymized
information for regulatory compliance,
industry and market analysis, demographic
profiling, marketing and advertising, and
other business purposes. <
- In addition to the specific disclosures of
personal data set out in this Section 3, we
may disclose your personal data if we
believe that it is reasonably necessary to
comply with a law, regulation, legal
process, or governmental request; or in
order to protect your vital interests or the
vital interests of another natural person;
to protect the safety or integrity of the
Services, or to explain why we have removed
content or accounts from the Services; or to
address fraud, security, or technical
issues; or to protect our rights or property
or the rights or property of those who use
the Services.
- We offer individuals the opportunity to
choose (opt out) whether their personal
information is (i) to be disclosed to a
third party or (ii) to be used for a purpose
that is materially different from the
purpose(s) for which it was originally
collected or subsequently authorized by the
individuals. In order to opt out from
disclosure of your personal information,
please email us at hello@4fivelabs.com
- Your Rights with Regard to Personal
Data
In this Section 4, we have summarized the rights
that you have under data protection law. Some of
the rights are complex, and not all of the
details have been included in our summaries.
Accordingly, you should read the relevant laws
and guidance from the regulatory authorities for
a full explanation of these rights.
- Your principal rights under data protection
law are:
- the right to access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to object to processing;
- the right to data portability;
- the right to complain to a
supervisory authority; and
- the right to withdraw consent.
- You have the right to confirmation as to
whether or not we process your personal data
and, where we do, access to the personal
data, together with certain additional
information. That additional information
includes details of the purposes of the
processing, the categories of personal data
concerned and the recipients of the personal
data. Providing the rights and freedoms of
others are not affected, we will supply to
you a copy of your personal data. The first
copy will be provided free of charge, but
additional copies may be subject to a
reasonable fee. You can access your personal
data by emailing us at hello@4fivelabs.com
- You have the right to have any inaccurate
personal data about you rectified and,
taking into account the purposes of the
processing, to have any incomplete personal
data about you completed. You can request
correction or modification of your personal
data by emailing us at hello@4fivelabs.com
- In some circumstances you have the right to
the erasure of your personal data without
undue delay. Those circumstances include:
the personal data are no longer necessary in
relation to the purposes for which they were
collected or otherwise processed; you
withdraw consent to consent-based
processing; you object to the processing
under certain rules of applicable data
protection law; the processing is for direct
marketing purposes; and the personal data
have been unlawfully processed. However,
there are exclusions of the right to
erasure. The general exclusions include
where processing is necessary: for
exercising the right of freedom of
expression and information; for compliance
with a legal obligation; or for the
establishment, exercise or defense of legal
claims. You can request the deletion of your
account by emailing us at
hello@4fivelabs.com
- In some circumstances you have the right to
restrict the processing of your personal
data. Those circumstances are: you contest
the accuracy of the personal data;
processing is unlawful but you oppose
erasure; we no longer need the personal data
for the purposes of our processing, but you
require personal data for the establishment,
exercise or defense of legal claims; and you
have objected to processing, pending the
verification of that objection. Where
processing has been restricted on this
basis, we may continue to store your
personal data. However, we will only
otherwise process it: with your consent; for
the establishment, exercise or defence of
legal claims; for the protection of the
rights of another natural or legal person;
or for reasons of important public interest.
- You have the right to object to our
processing of your personal data on grounds
relating to your particular situation, but
only to the extent that the legal basis for
the processing is that the processing is
necessary for: the performance of a task
carried out in the public interest or in the
exercise of any official authority vested in
us; or the purposes of the legitimate
interests pursued by us or by a third party.
If you make such an objection, we will cease
to process the personal data unless we can
demonstrate compelling legitimate grounds
for the processing which override your
interests, rights and freedoms, or the
processing is for the establishment,
exercise or defence of legal claims.
- You have the right to object to our
processing of your personal data for direct
marketing purposes (including profiling for
direct marketing purposes). If you make such
an objection, we will cease to process your
personal data for this purpose.
- You have the right to object to our
processing of your personal data for
scientific or historical research purposes
or statistical purposes on grounds relating
to your particular situation, unless the
processing is necessary for the performance
of a task carried out for reasons of public
interest.
- To the extent that the legal basis for our
processing of your personal data is:
- consent; or
- that the processing is necessary for
the performance of a contract to
which you are party or in order to
take steps at your request prior to
entering into a contract,
and such processing is carried out by
automated means, you have the right to
receive your personal data from us in a
structured, commonly used and
machine-readable format. However, this right
does not apply where it would adversely
affect the rights and freedoms of others.
You can download your account information,
by emailing us at hello@4fivelabs.com.
- To the extent that the legal basis for our
processing of your personal data is consent,
you have the right to withdraw that consent
at any time. Withdrawal will not affect the
lawfulness of processing before the
withdrawal.
- You may exercise any of your rights in
relation to your personal data by written
notice to us, in addition to the other
methods specified in this Section 4.
- Retaining and deleting personal
data
- This Section 5 sets out our data retention
policies and procedure, which are designed
to help ensure that we comply with our legal
obligations in relation to the retention and
deletion of personal data.
- Personal data that we process for any
purpose or purposes shall not be kept for
longer than is necessary for that purpose or
those purposes.
- We generally retain your personal
information for as long as is necessary for
the performance of the contract between you
and us and to comply with our legal
obligations. If you no longer want us to use
your information to provide the Services to
you, you can request that we erase your
personal information and close your
account.
- Notwithstanding the other provisions of this
Section 5, we may retain your personal data
where such retention is necessary for
compliance with a legal obligation to which
we are subject, or in order to protect your
vital interests or the vital interests of
another natural person.
- Children
Our Services are not intended for children. You
must also be old enough to consent to the
processing of your personal data in your country
without parental consent. No one under age 13
may provide any personal data through the
Services. We do not knowingly collect personal
data from children under 13. If you are under
13, do not use or provide any information
through the Services or on or through any of
their features or register an account, make any
purchases through the Services, use any of the
interactive features of the Services or provide
any information about yourself to us, including
your name, address, telephone number, e-mail
address or any screen name or user name you may
use. If we learn we have collected or received
personal data from a child under 13, we will
delete that information. If you believe we might
have any information from or about a child under
13, please contact us at hello@4fivelabs.com.
- Cookies
- About cookies
- A cookie is a file containing an
identifier (a string of letters and
numbers) that is sent by a web
server to a web browser and is
stored by the browser. The
identifier is then sent back to the
server each time the browser
requests a page from the server.
- Cookies may be either “persistent”
cookies or “session” cookies: a
persistent cookie will be stored by
a web browser and will remain valid
until its set expiry date, unless
deleted by the user before the
expiry date; a session cookie, on
the other hand, will expire at the
end of the user session, when the
web browser is closed.
- Cookies do not typically contain any
information that personally
identifies a user, but personal
information that we store about you
may be linked to the information
stored in and obtained from cookies.
- We also use other technologies with
similar functionality to cookies,
such as web beacons, web storage,
and unique advertising identifiers,
to collect information about your
activity, browser, and device.
- We use these technologies for the following
purposes:
- to identify you and log you into the
Services;
- to store information about your
preferences and to personalise the
Services for you;
- as an element of the security
measures used to protect user
accounts, including preventing
fraudulent use of login credentials,
and to protect our website and
services generally;
- to help us display content that will
be relevant to you;
- to help us analyse the use and
performance of the Services ; and
- to store your preferences in
relation to the use of cookies more
generally.
- Cookies used by our service providers
- We use the following service
providers to analyse the use of the
Services. Each service provider
gathers information about the
Services by means of cookies and
this information is used to create
reports about with usage
information. You can find
information about the service
providers’ privacy policies and
practices at the URLs set forth
below:
- Managing cookies
- Most browsers allow you to refuse to
accept cookies and to delete
cookies. The methods for doing so
vary from browser to browser, and
from version to version.
- Your mobile device may allow you to
control cookies through its settings
function. Refer to your device
manufacturer’s instructions for more
information.
- If you choose to decline cookies,
some parts of the Services may not
work as intended or may not work at
all.
- Data Security
- We have implemented measures designed to
secure your personal data from accidental
loss and from unauthorized access, use,
alteration and disclosure. The safety and
security of your information also depends on
you. 8.2. Steps taken to ensure data
security:
- All the user information can only be
accessed by authorized users;
- All data is hosted on Amazon AWS
servers.
- Unfortunately, the transmission of
information via public networks such as the
internet is not completely secure. Although
we do our best to protect your personal
data, we cannot guarantee the security of
your personal data transmitted through the
Services. Any transmission of personal data
is at your own risk. We are not responsible
for the circumvention of any privacy
settings or security measures contained on
the Services.
- Changes to Our Privacy Policy
It is our policy to post any changes we make to
our Policy on this page. If we make material
changes to how we treat our users’ personal
data, we will notify you by e-mail to the
primary e-mail address specified in your
account. The date the Policy was last revised is
identified at the top of the page. You are
responsible for ensuring we have an up-to-date
active and deliverable e-mail address for you,
and for periodically visiting our Website and
this Policy to check for any changes.
- Contact Information
The data controller responsible for your personal
data is 4Five Labs Inc. Please contact us by
email at hello@4fivelabs.com or by post at:
4Five Labs Inc.
175 Bloor St E, Suite
200,
North Building,
Toronto, ON, M4W
3R8
Canada.