privacy policy

Your Privacy: Overview

This privacy policy (this “Privacy Policy“) sets out the privacy policies and practices for ivivva athletica canada inc. and ivivva usa inc. (collectively “ivivva“) with respect to how ivivva collects personal information. It also describes how ivivva maintains, uses, and discloses personal information. This Privacy Policy applies to information collected from you by ivivva via this website, our retail stores (the “Stores”); our Guest Education Centre (the “GEC”); and our mobile applications, as well as any other applications or services that display this notice (collectively, the “Services”), and other places where we may collect personal information. This Privacy Policy also sets out how you can access certain information that ivivva may collect about you. In this Privacy Policy, “personal information” means information or opinion about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion as further defined under applicable privacy laws, including, but not limited to, Your Contacts (as defined below) and other personal information collected through the Services.

Please note that the website may contain links to other third party websites that are not controlled or operated by ivivva. This Privacy Policy does not apply to such third party websites, and ivivva is not responsible for the content of such third party websites or the privacy practices of such third parties. Therefore ivivva encourages you to request and review the privacy policies of any third parties upon disclosing your personal information to such parties or when visiting such third party websites.

Consent

BY SUBMITTING PERSONAL INFORMATION TO IVIVVA OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE THAT IVIVVA MAY COLLECT YOUR PERSONAL INFORMATION AND YOU CONSENT TO THE USE, DISCLOSURE AND TRANSFER OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting ivivva at the address provided below. If you refuse or withdraw your consent, you acknowledge that ivivva may not be able to provide you or continue to provide you with certain services or information which may be of value to you.

Revisions to This Privacy Policy

ivivva reserves the right, in its discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. However, ivivva will treat your continued use of the website and Services following such revision as your acceptance of the revised terms. All revisions will be posted to the website and will apply to any personal information collected on or after the date posted. ivivva will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.

This Privacy Policy was last updated April 21, 2014.

Collection of Your Information

ivivva may collect personal information in connection with your use or purchase of ivivva’s products and services, including at the Stores or through your use of the GEC or the website or through your use of the Services, which may include information provided in connection with the following activities:

  • Registering or filling in forms on the website or in the Stores. This includes information you may provide when you request additional information about ivivva’s products and services or sign up to receive ivivva’s e-mail newsletters or coupons.
  • Downloading and using one of our mobile applications.
  • Completing a profile or uploading goals to the website.
  • Purchasing any product or service from ivivva, whether at a Store or through the GEC or the website.
  • Providing design or product feedback or making other submissions to ivivva.
  • Requesting information or assistance from ivivva. ivivva may also keep a copy of any communications or correspondence you may send to it, including any e-mail communications.
  • Participating or responding to consumer survey or requests for consumer’s opinions, concerns, and preferences regarding ivivva’s products and services.
  • Participating in consumer contests, sweepstakes and other promotions.
  • Using other features of the website or Services that may be offered from time to time, and may require such information in order to utilize the feature (including but not limited to making a Submission as defined in the Terms of Use).

The personal information that ivivva may collect may include your name, username, password, email address, age, date of birth, gender, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, and any other personal information that you choose to include in your profile, your submissions of your goals to ivivva, or in other communications to ivivva. In addition, ivivva may collect additional information from users of our Services, such as our mobile applications as described in the “Mobile Applications” section below.

You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual, that is provided by you to ivivva.

ivivva may also collect information that may not be personal information, which may include, but is not limited to, the frequency of user visits to the website and Services, the routes by which users access the website and Services and use of any hyperlinks available on the website and Services. ivivva or its service providers and agents may process and use this aggregate data for various purposes including, but not limited to, analysis of this data for trends and statistics, development of the website and Services and the website’s and Services’ features and offerings, assessing patterns of use, or planning and evaluating marketing initiatives. This information is gathered by certain tools and methods such as the collection of your IP address or the use of cookies and is maintained, used and disclosed in aggregate form unless otherwise noted.

Mobile Applications

ivivva may from time to time offer users the ability to download and use mobile applications. By downloading and/or using these mobile applications, you agree to any applicable Terms of Use as well as to this Privacy Policy. You may be required to provide personal information in order to use the mobile application, including your first name, last name, email and password. You will have the option of providing other personal information in connection with your use of the mobile application, such as your picture, your physical location, your birthdate and your gender.

If you have provided permission through your device to allow us to collect location information, ivivva may obtain pinpointed physical location information from technologies like GPS, Wi-Fi, or cell tower proximity. You are able to withdraw your permission for ivivva to acquire pinpointed location information from your device through your device settings, although ivivva does not control this process. The mobile application may use the geo-location features of that application (GPS or network-based) to support your use of location-based tools such as locating classes, teachers and studios near you.

Some of our mobile applications allow you to connect with Facebook and import your Facebook friends as well as your iPhone Contact list (collectively, “Your Contacts”) into the application for the purpose of inviting such persons to download the application or inviting them to participate in certain activities, such as a yoga class. If you download Your Contacts, you grant ivivva permission to access and use such information in accordance with this Privacy Policy even if you have chosen not to make that information public. You further represent and warrant that you have the right to share and transfer Your Contacts with ivivva and that ivivva’s use of Your Contacts in accordance with this Privacy Policy does not violate the rights of any third party. Please note that ivivva does not, in any way, control the information that Facebook collects from you.

Cookies

Like many websites, ivivva utilizes “cookies” to maintain a record of your visit to the website and your use of the Services. A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer or mobile device. It can only be read by the server that sent it to you. This information does not identify you personally and you remain anonymous unless you have otherwise provided ivivva with personal information.

Cookies help ivivva to improve the websites and Services, and to deliver more personalized service by enabling ivivva to estimate audience size and usage patterns; to store information about your preferences; to speed up your searches and to recognize you when you return to the website or use the Services.

Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting ivivva’s cookies, you may follow your Internet browser’s steps for doing so.

Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the website or the Services.

Please note that ivivva does not track users of this website over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, as discussed in the Third Party Analytics section below, ivivva does use third party analytic tools to analyze usage of this website and the providers of such tools may embed cookies on your browser to track your use of this website. For more information on these cookies and whether they might track your use of other websites, please see the privacy policies of these tool providers for which links are provided in the Third Party Analytics section below.

IP Addresses

An IP address is a computer’s numeric address, by which it can be located within a network. ivivva may record your IP address when you visit or use services or features on the website. ivivva may use your IP address for the purposes noted above, and also to help diagnose problems with ivivva’s server, or to administer the website. ivivva may also use your IP address to identify you when ivivva feels it is necessary to enforce compliance with this Privacy Policy or the Terms of Use, or to protect the website, Services, systems, information, employees, service providers, business partners, users, customers and others.

Third Party Analytics

ivivva uses third-party automated devices and applications, such as Google Analytics and Bazaarvoice, to evaluate usage of this website. ivivva uses these tools to help improve this website, the Services, products, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. ivivva does not share your personal information with these third parties.

For more information on the cookies used and the information collected by Google Analytics, please go to http://www.google.com/intl/en/policies/privacy/partners/. To opt-out of such cookies, please go to http://www.google.com/intl/en/analytics/learn/privacy.html.

Bazaarvoice's use of any data collected through its cookies is subject to the Bazaarvoice Privacy Policy, and is reflected in its Service Descriptions. The Bazaarvoice Privacy Policy will also contain instructions on how to opt-out of such cookies.

Protection of Your Information

To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, ivivva uses physical, technological and administrative procedures to protect the personal information that ivivva collects from loss, unauthorized access, modification, disclosure or other misuse.

Nevertheless, Internet or wireless transmissions are never completely private or secure. You understand that any messages or information you send to the website or through the Services may be read or intercepted by others. If you have any questions about the security of personal information collected by ivivva, please contact: ivivvaprivacyofficer@ivivva.com.

You should also be aware that certain aspects of the website and Services are not confidential and are available for public viewing. For example, other users of the website and Services will be able to view your profile and goals that are publically available. Any submissions that you may post to any publicly available blogs or other publicly available features of the website and Services are not confidential and may be viewed by other users of the website and Services. By making personal information publicly available where the website and Services allow you to do so, you consent to such publication by ivivva or its service providers and agents. Please refer to the Terms of Use for additional provisions relating to user submissions that may apply to you.

Use of Your Personal information

Upon ivivva’s collection of your personal information, ivivva may use such personal information internally, separately or in combination with pre-existing information, for the following purposes:

  • To establish and conduct commercial relationships, including to process purchases or other transactions and to conduct or administer other transactions that you may engage in with ivivva including at the Stores, on or through the website or through the GEC or through the Services;
  • To conduct or administer contests, sweepstakes or other promotions in which you have participated;
  • To contact you and to respond to any communications that you may have had with us;
  • To troubleshoot problems with the website and Services;
  • To customize your experience or homepage on the website;
  • To develop and manage ivivva’s business and operations;
  • To enforce ivivva’s Terms of Use or comply with this Privacy Policy;
  • To detect and protect ivivva and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with ivivva’s policies and contractual obligations;
  • To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving ivivva;
  • As permitted by, and to comply with, any legal or regulatory requirements or provisions; or
  • To access, preserve, disclose and use your personal information contained in your account, all Submissions (as defined in the Terms of Use), all communications to and from you, all information relating to your use of the website, if ivivva is required to do so by law or legal process or if ivivva determines, in its sole discretion, that such action is necessary to protect the rights of ivivva, third parties, and other users of the website or for purposes of responding to your request for customer service.
  • For any other purpose to which you consent.

Personal information collected by ivivva may be transferred to, stored and processed in the United States and Canada. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.

Disclosure of Your Information

ivivva may disclose your personal information to its subsidiaries or affiliates and to third parties whom ivivva hires to provide services on ivivva’s behalf, including, but not limited to, support services, website services, delivering promotional materials, contests, sweepstakes and other promotions, and answering customer questions about ivivva’s products and services. These subsidiaries, affiliates and third parties may be located overseas. ivivva will only provide those third parties with the personal information that they need to deliver the services to ivivva and/or on ivivva’s behalf. ivivva will not disclose your personal information to third parties for their direct marketing purposes without obtaining prior affirmative consent. In the event that ivivva is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving ivivva, you consent to your personal information and any other information ivivva may have collected being transferred to another party in connection with such transaction. You also consent to ivivva disclosing your personal information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of ivivva’s business or operations; as consented to by you from time to time, including to fulfill any other purposes that are identified when the personal information is collected; or as otherwise permitted or required by law.

Retention of Your Personal information

The personal information that you provide will be retained by ivivva in accordance with applicable laws. However, ivivva will take reasonable steps to destroy or permanently de-identify personal information it holds if it is no longer needed for ivivva business purposes.

Children’s Privacy

ivivva recognizes the privacy interests of children and ivivva encourages parents and guardians to take an active role in their children’s online activities and interests. The website is not intended for children under the age of 13. ivivva does not target its services or the website to children under 13. ivivva does not knowingly collect personal information from children under the age of 13.

Choice and Opt-Out Preferences

ivivva does not collect your personal information unless you choose to provide it. If, at any time, you prefer not to receive further email communications from ivivva (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast e-mail that is sent to you by ivivva. If, at any time, you prefer not to receive any other form of communication from ivivva, you will have the ability to unsubscribe from such communications by contacting: info@ivivva.com.

Access and Correction

ivivva will take reasonable steps to ensure the personal information it holds is accurate, complete and up to date. Upon your written request, subject to certain exceptions, ivivva will inform you of the existence, use and disclosure of your personal information and give you access to that information. Additionally, if you have any questions or enquiries relating to our privacy practices or procedures, or if you believe that the personal information that ivivva holds about you is not accurate, complete or up to date you may write to the Privacy Officer at the address provided below. If you are able to establish that the information is not accurate, complete or up to date, ivivva will take reasonable steps to correct the information so that it is accurate, complete and up to date.

Request for Access and Correction, Questions or Comments

ivivva welcomes questions and comments about this Privacy Policy. Requests for access and correction of your personal information, and questions or comments should be directed to the Privacy Officer at:

ivivva athletica
Attention: Privacy Officer
400 – 1818 Cornwall Avenue
Vancouver, BC
V6J 1C7
Canada
Email: ivivvaprivacyofficer@ivivva.com