Splash Aquatics Privacy Policy ARTICLE 1 – INTRODUCTION 1. Splash Aquatics Inc. and our Affiliates (together referred to as “Splash Aquatics”, “we”, “us”, “our”) respect your privacy and are committed to safeguarding the Personal Information that we obtain from all users and potential users of our Website and Services (such users are referred to as “End Users”, “you”, “your”). 2. This Privacy Policy governs information Collected in the course of the provision of our Services made available on or through our website, https://splashaquatics.ca/, via our online platforms, or in any other manner or form as may be amended, expanded, updated, or introduced from time to time at our sole discretion (collectively, the “Website”). 3. This Privacy Policy describes how we Collect, Use, and Disclose your Personal Information. Please read this Privacy Policy carefully to understand our policies and practices relating to your Personal Information. This Privacy Policy does not govern Personal Information about our employees, which is addressed by internal policies. 4. Splash Aquatics recognizes the importance of obtaining consent where required by law for Collection, Use and Disclosure of Personal Information. By accessing or using the Website and/or Services or otherwise submitting your Personal Information to us, you consent to our Collection, Use and Disclosure of your Personal Information for the purposes and in the ways described in this Privacy Policy. If you do not agree with our policies and practices, you may choose not to use or engage with us or with our Website and Services. 5. If you have any questions about our Collection, Use, or Disclosure of Personal Information, please contact our Privacy Officer using the information provided in Article 9. 6. This Privacy Policy may change from time to time (see Article 10 below). Your continued use of this Website after we make changes indicates that you accept and consent to those changes, so please check the Privacy Policy periodically for updates. 7. The Website is not intended for children under 13 years of age who are resident in Canada. No one under such age may provide any Personal Information to or on the Website. We do not knowingly Collect Personal Information from children under such age. If we learn we have Collected Personal Information from a child under such age without parental consent, we will delete that Personal Information. If you believe we might have any Personal Information from or about a child under such age, please contact our Privacy Officer (see Article 9). ARTICLE 2 – PERSONAL INFORMATION AND OTHER DEFINITIONS 1. An “Affiliate” of Splash Aquatics is a person that controls, is controlled by or is under common control of Splash Aquatics, where “control” means to have direct or indirect ownership of more than 50% of the outstanding shares or equity of the person or of Splash Aquatics (as applicable). 2. “Collection” or “Collect” means the act of gathering, acquiring, or obtaining Personal Information from any source, including third parties, by any means. 3. “Disclosure” or “Disclose” means making Personal Information available to others, whether within Splash Aquatics, to our Affiliates, or to third parties outside of Splash Aquatics. For greater clarity, this could include sharing and/or selling Personal Information with and to others. 4. “End User”, “you” or “your” has the meaning provided in Article 1.1. 5. “Splash Aquatics”, “we”, “us” or “our” has the meaning provided in Article 1.1 6. “person” includes an individual, a corporation, a partnership, a trust, an association, a joint venture, an unincorporated organization, and every other legal or business entity whatsoever. 7. “Personal Health Information” means identifying information about an individual that related to the physical or mental health of the individual. Personal Health Information is a subset of Personal Information. 8. “Personal Information” means any information about an identifiable individual. It can include but is not limited to an individual’s name, home address, phone number, email address, age, sex, gender, marital or family status, identifying number, financial information, educational history, technical information (including device and browser type), IP address, and location. Personal Information does not, however, include certain business contact information used for employment, business or professional purposes, nor does it include de-identified information used for statistical purposes. For the purposes of this Policy, Personal Information will be deemed to include Personal Health Information where applicable. 9. “Service Provider” means any person we engage to assist us in delivering the Services. For greater clarity, this includes third parties who enter into a contractual relationship with Splash Aquatics to facilitate the Services; to provide the Services on behalf of Splash Aquatics; to perform services related to the Services; to assist Splash Aquatics in analyzing how the Services are used; to advise Splash Aquatics on how to better market and deliver the Services; to provide marketing and/or promotional services to Splash Aquatics; to Collect and/or process data on behalf of Splash Aquatics; and to help Splash Aquatics create industry partnerships so we can improve our Services. Examples of Service Providers include third-party marketing agencies who may assist Splash Aquatics with marketing efforts; and data analytics platforms, such as Google Analytics. 10. “Services” means the services we provide, including online registration and lesson booking, swim instruction and feedback, and other services as deemed necessary. 11. “Social Network Account” means any account affiliated with a dedicated website or other application, which enables users to communicate with each other by posting information, comments, messages and images (for example: Facebook, Instagram, Twitter, and any other equivalent or similar platforms existing now or in the future). 12. “Third Party Recipient” means any person who has entered into a contractual relationship with Splash Aquatics for marketing or promotional purposes in connection with services provided or offered by, through or on behalf of the Third Party Recipient. 13. “Use” means to handle or deal with the Personal Information or to apply the Personal Information for a purpose, and includes reproducing the Personal Information as well as Disclosing the Personal Information. 14. “Website” has the meaning provided in Section 1.2. ARTICLE 3 – WHAT PERSONAL INFORMATION DO WE COLLECT? 1. When you access or use our Services or otherwise interact with us, whether as an End User or other individual, we may Collect certain categories of Personal Information about you from a variety of sources, including through: a. direct interactions with you when you provide your Personal Information to us (for example: by filling in forms or corresponding with us by phone, email, or otherwise); b. automated technologies or interactions as you navigate through our Website; c. the posts that you make on our Website; and d. third parties or publicly available sources. 2. Categories of Personal Information that we may actively Collect from you directly include: a. name; b. age and/or date of birth; c. sex and/or gender; d. contact information (for example: email address, phone number, physical address and mailing address); e. medical conditions relevant to the provision of Services; f. account information (for example: username, passwords used to access the Website or Services, transaction history, interactions with the Website or Services, profile photos, communications and marketing preferences, and any other information provided within the account); g. Social Network Account information (for example: when accessing our Website and/or Services, you may be given the option to link with one or more Social Network Accounts for sharing our Website or Services); and h. any other information you directly provide to Splash Aquatics during your interaction(s) with us. 3. Some Services will require payments by credit card, debit card, or other electronic means. a. In order to make such payments, you will be required to provide certain information for identification and verification, such as your name, credit/debit/other card number, card expiration date and card security code. b. Currently, payments for Services offered on or through the Website are processed using Stripe. c. If you are directed to Stripe or any other third-party payment gateway to make a payment, the privacy policy, terms of use, refund policies, complaint mechanisms and any other applicable policies of the third party will govern any complaints or breaches in respect of Personal Information provided thereto. Splash Aquatics will not be responsible for any privacy breaches arising out of the use of a third-party website linked or directed through Splash Aquatics Website. ARTICLE 4 – HOW WE USE YOUR PERSONAL INFORMATION 1. We Collect the Personal Information that we need for the purposes of providing Services to, and interacting with, End Users, including the following purposes: a. to deliver the Services and monitor their quality; b. to receive payments for Services delivered; c. to understand the needs and preferences of End Users and respond to their requests; d. to conduct research and statistical analysis in respect of our Service offerings and/or End User profile; e. to administer and enhance End Users’ relationship with us; f. to communicate with End Users in respect of actual and potential products and services offered by us and/or by others; g. to allow you to participate in interactive features, social media, or similar features on our Website; h. to comply with audit and legal requirements; i. k) as otherwise provided for in this Privacy Policy; and j. l) any other purposes for which we have consent in accordance with applicable laws. ARTICLE 5 – DISCLOSURE OF PERSONAL INFORMATION 1. We may share your Personal Information internally, as well as with our Affiliates or other entities related to us, for Use and Disclosure in accordance with this Privacy Policy and/or as permitted or required by law. This means that, once you provide us with your Personal Information, any of our Affiliates and/or other related entities may Use your Personal Information as described in this Privacy Policy. 2. In addition to the above, we may share your Personal Information in the limited circumstances described below: a. When You Agree or Direct Us to Share: You may authorize us to share your Personal Information with others, including third party payment gateways and other applications or platforms. Collection, Use, and Disclosure of your Personal Information by any third party will be governed by said third party’s privacy policies and terms. b. For Legal Reasons or to Prevent Harm: We may preserve or Disclose Personal Information to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of Services, or the physical safety of any person. 3. If any legal process (such as a search warrant, disclosure request, court order or subpoena) is initiated that requires Disclosure of your Personal Information, we shall notify you of the same, except if we are prohibited by law from notifying you. Where a court order specifies a non-disclosure period, we will provide delayed notice after the expiry of the non-disclosure period. Exceptions to our notice policy include exigent or counterproductive circumstances (for example: when there is an emergency involving a danger of death or serious physical injury to a person). ARTICLE 6 – CONSENT AND WITHDRAWAL 1. Splash Aquatics shall seek your consent to Collect, Use, and Disclose your Personal Information, to the extent required by law. Splash Aquatics will assume you consent to us Collecting, Using and Disclosing your Personal Information, as permitted by law, if you choose to provide such Personal Information to Splash Aquatics for reasonable purposes associated with our Services. 2. We Use and Disclose Personal Information only for the purposes for which the Personal Information was Collected, as described in this Privacy Policy, except as authorized or required by law. By consenting to this Privacy Policy, you consent to our Collection, Use, and Disclosure of your Personal Information in the ways described in this Privacy Policy. 3. If we wish to Collect, Use, or Disclose your Personal Information in any way or for any new purpose not included in this Privacy Policy, we will ask for your consent to do so (including by updating our Privacy Policy in accordance with Article 13 below. 4. Where you have provided your consent to the Collection, Use and Disclosure of your Personal Information, you also have the legal right to withdraw and modify your consent, whether in whole or in part. To do so, please contact our Privacy Officer (see Article 9). Please note that any withdrawal or modification of consent could prevent us from being able to provide you with certain products or services. The impact of your decision will be explained to you when you contract our Privacy Officer to help you with your decision. ARTICLE 7 – LOCATION, SAFEGUARDING AND RETENTION OF PERSONAL INFORMATION 1. Splash Aquatics processes and stores Personal Information at 1575 Stewart Cres., Milton, ON. 2. The security of your Personal Information is important to us. We use physical, electronic, contractual and administrative measures appropriate for the sensitivity of the Personal Information and designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. We may use Service Providers and personnel to adopt and maintain the appropriate level of security and to help prevent any loss, misuse or unauthorized modification. Such Service Providers and personnel will be required to comply with privacy laws and with this Privacy Policy. 3. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. 4. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. 5. We keep your account/login information for as long as your account/login is in existence, or as may be required to operate your account. In some cases, when you give us information specifically for a feature of the Services, we delete the data after it is no longer needed for the feature. We also keep Personal Information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm, including as described in this Privacy Policy. 6. We retain Personal Information only so long as is reasonable to fulfil the purposes for which the Personal Information was Collected or for legal or business purposes. We use appropriate security measures when destroying Personal Information, including shredding any paper records and permanently deleting electronic records. 7. We may anonymize 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. ARTICLE 8 – THIRD-PARTY WEBSITES 1. Our Website and platforms may contain links to third-party websites, services and platforms. We do not endorse or otherwise accept responsibility for the content or privacy policies of third-party websites, services, and platforms. You should carefully review the privacy statements and other terms of use for such websites, services and platforms. Please be aware that third-party websites, services and platforms may Collect, Use and Disclose Personal Information in a very different manner from Splash Aquatics, so you cannot assume that their privacy policy is similar to ours. We encourage you to read the privacy policy of every website you visit. ARTICLE 9 – WHERE AND HOW TO CONTACT US 1. If you wish to file a complaint, make an inquiry regarding or obtain access to your Personal Information that we may hold, withdraw consent, or edit your Personal Information, or if you have questions, comments and/or requests regarding this Privacy Policy and our privacy practices, please contact us at: Splash Aquatics Inc. 1575 Stewart Cres Milton, ON, L9T 6P9 Attn: Privacy Officer – Benjamin Agnew email: info@splashaquatics.ca ARTICLE 10 – CHANGES TO THIS PRIVACY POLICY 1. We regularly review our Privacy Policy and procedures and this Privacy Policy may be changed from time to time. You are responsible for periodically visiting our Website and this Privacy Policy to check for any changes. 2. It is our policy to post any changes we make to our Privacy Policy on this page, with a notice that the Privacy Policy has been updated on the Website home page. If we make material changes to how we treat End Users’ Personal Information, we will notify you through a notice on the Website home page.
Connect with us!