PRIVACY STATEMENT

PLEASE READ THIS PRIVACY STATEMENT CAREFULLY, IF YOU ARE NOT PREPARED TO CONSENT TO THE USE OF YOUR PERSONAL INFORMATION BY ARDUOUS INC. FOR THE PURPOSES SET OUT IN ITS APPLE STORE APPLICATION OR IN THIS PRIVACY STATEMENT THEN DO NOT CONTINUE USE OF THE APPLE STORE APPLICATION OR SHOULD YOU WISH TO REVOKE OR OPT OUT OF CONSENT TO THE USE OF PERSONAL INFORMATION THEN YOU MAY REVOKE OR OPT OUT IN ACCORDANCE WITH THE PROVISIONS OF THIS STATEMENT.  

This Privacy Statement for the Ardor Apple Store Application (“Application”) and the Arduous Inc. (“Arduous”) Privacy Code sets out how Arduous manages your personal information which is personally identifiable information, safeguards your privacy in accordance with Protection of Personal Information (B.C.), the Personal Information Protection and Electronic Documents Act (“PIPEDA”) of Canada and in compliance with Canada’s international obligations for data protection under General Data Protection Regulation (“GDPR”). PIPA and PIPEDA are built on the following principles of fair information principles:   Accountability, identifying purposes, consent, limiting collection, limiting use, disclosure and retention, accuracy, safeguards, openness, individual access, challenging compliance.  Compliance with PIPA under the authority of BC Privacy Commissioner and PIPEDA is under the authority of the Privacy Commissioner of Canada.

The GDPR applies to organizations that have an established presence in the EU, offer goods and services to individuals in the EU or monitor the behaviour of individuals in the EU.  The GDPR applies when personal data is “processed” and defines processing as “any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.”  The GDPR stipulates that data controllers or processors must also respect the principle of data minimization, meaning that the processing of personal data must be limited to that which is adequate, relevant, and necessary to achieve the specified purpose. Under GDPR personal data must be accurate, kept up to date, kept in a form which permits identification of data subjects for no longer than is necessary, and must be processed in a manner that ensures appropriate security of the personal data.

This Privacy Statement covers the Application and is in compliance with PIPA and PIPEDA with respect to the collection, use and disclosure of personal information of end users of the Application and is also in compliance with GDPR as it does not have an established presence in the EU but when Application collects or processes or uses personal information of EU persons it does so in accordance with GDPR.

CONSENT TO COLLECTION, USE, PROCESSING AND DISCLOSURE OF PERSONAL INFORMATION

     Arduous through the Application may collect, use, process and disclose personal information from users of the Application in accordance with this Privacy Statement. By using the Application, you accept these privacy terms and conditions and any subsequent modifications and that you are consenting to the collection, processing, use and disclosure of your personal information as set out in PIPA and PIPEDA and GDPR for the purposes set out in this Privacy Statement.  If you are an EU person, by using the Application, you are freely giving specific, informed and unambiguous indication of your wish and agreement to the processing of your personal information, namely your email and IP address, for the legitimate business purposes of this Application only. If you do not wish to provide such consent, then you should not use this Application or if you have inadvertently used this Application or you wish to revoke your consent, then you may revoke your consent in accordance with this Privacy Statement.  

We may change our Privacy Statement at any time, without notice to you.  You are responsible and encouraged to review the Privacy Statement in the Application regularly.  

INFORMATION GATHERING AND USAGE

We collect, use, process and analyze information in the Application for the following purposes:

1. to provide access to Arduous Application in the Apple Store;

2. to customize the user experience;

3. to measure and improve our Application;

4. to enforce our agreements, terms, conditions and policies;

5. to investigate a suspected violation of our End User License Agreement, fraud or other unlawful activity or as required by law or court order

6. to address changes in our company such as reorganization, merger, sale, bankruptcy or other business change.

We collect personal emails of those who use our Application for the duration of their use of the Application only.  Should a user cease using the Application, all personal information is removed from our Application within a six month period.   

We do not knowingly collect personal information from children, nor do we knowingly request or solicit personal information from children under the age of 13 years.   

Under GDPR, for EU visitors who use our Application, we function as “data controller” when you access our Application and provide contact information to Arduous.  In accordance with our Privacy Code, with regard to EU residents, we recognize that you have the following additional rights with respect to the handling of your personal information:  (a) you have the right to obtain confirmation from us about whether your personal information/data is processed, the purpose of the processing, what categories of personal information/data is being processed and who the personal information/data is being disclosed to; (b) right to have your personal information/data erased under certain circumstances; (c) right to restriction processing of your personal information/data under certain circumstances; (d) right to receive your personal information/data in structured, commonly used, machine readable form and to move it to another entity; (e) right to object to how personal information/data is being processed.

All personal information we collect from use of our Application is used for legitimate business and or security purposes to provide access to our Application,  improve the quality of our Application and to estimate volume, demographic and use rates of our Application.  We do not share with or sell to other organizations for any commercial purposes with the exception for the following purposes:   (a) when we have your permission; or (b) where it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of  our End User License, or as otherwise required by law.  

If we use any third-party service providers, such as the Apple Store to host our Application, there may be a need to provide access to your information with such third-party service providers, however such access will be limited to access to for legitimate business purposes.  We may also share aggregated and non-personal information with third parties such as dealers to assist in improving our Application. 

We collect, use and disclose personal information on our Application in accordance with our privacy code available at https://www.ardor.fitness/privacy-code including for an individual’s personal information collected, used, disclosed or processed by our Application. Our privacy code sets out an individual’s right to be informed, right to access, right to correction of personal information, right to erasure, right to restriction of processing, right to data portability, right to object to data processing activities and right to understand the logic behind automated decision making of such processing of personal information.

INFORMATION DISCLOSURE

UNDER NO CIRCUMSTANCES DOES ARDUOUS RENT OR SELL PERSONAL INFORMATION OF OUR USERS TO THIRD PARTIES.

Commercial Electronic Message {CEMs (SPAM} -Compliance with Canada’s Anti-Spam Legislation (CASL)

We may offer a number of online ad electronic communications for users of our Application including email newsletters, feedback or survey forms.  However, at no time will we send any CEMs to you without your explicit consent.  When you complete our registration process, we will request your consent to sending certain commercial electronic messages to you.  If you are no longer interested in receiving e-mail and/or other communications from us after providing consent, please e-mail your request to unsubscribe@ardor.fitness Please include your complete name and mailing address (as well as your e-mail address) if you prefer not to receive direct materials or commercial emails.  

REVOCATION OR OPTING OUT OF CONSENT

If you use our Application, you may revoke consent to use your personal information at any time by emailing jlund@ardor.fitness.   If you wish to opt out of the use of your personal information, please send an email to jlund@ardor.fitness.  By revoking or opting out of your consent to use your personal information, we will remove your personal information from our system and remove from our Application soon as possible but no later than 30 days from the request.

LINKS, THIRD-PARTY TRACKING AND COMMUNITY OR SOCIAL NETWORK FEATURES

In the event that this Application contains links to other applications or websites, please be aware that we are not responsible for the privacy practices of such other applications or websites.  We encourage our users to be aware when they leave our Application and to read the privacy statements of each and every application website that collects personally identifiable information.  This Privacy Statement applies solely to our Application and does not apply to any of the third-party links located on our applications or website.

We do not participate in any targeted advertising, however, we may have affiliate sites or links to third party sites, we have no control over the Internet and any advertising networks, online web analytics or social networking platforms that may collect information on your online activities using various tracking technologies. 

We may have features on our Application that allow you to read, comment or share information or posts. We have no control or responsibility in the event that you choose to share such information on other social networking sites and whether those social networking sites in turn share this information with associated social networks or third parties.  You will be governed by those sites you choose to share such information and their privacy terms.

RETENTION AND SECURITY OF INFORMATION

We only retain your information until the purpose of the collection, use or processing is fulfilled.  

We are committed to the protection and security of your information that is collected and used on our Application using commercially reasonable means, however, our Application is offered through the Internet which is not secure, we cannot guarantee the security of your information and therefore the use of our Application is at your own risk and you acknowledge and accept such risks.  We therefore do not warrant or represent the security of the information you disclose or transmit to us.  It is your responsibility to protect and safeguard any passwords or related mechanisms associated with your use of our Application including maintaining the confidentiality of your password. 

Contact Information

If users have any questions, concerns or suggestions regarding our privacy practices, please contact us at:

Tel:     604-562-8848

Email: legal@ardor.fitness

Questions

Any questions about this Privacy Statement should be addressed to legal@ardor.fitness.

This Privacy Statement of Arduous Inc. was last updated on October 31, 2022.