Effective Date: February 10, 2021
1. Scope of Policy
You acknowledge and consent to our collection, use and disclosure of your Personal Information as it is critical for your use and access to our website. We rely on the following actions by you as indications of your consent to our existing and future Personal Information practices:
- Your voluntary provision of Personal Information directly to The Pain Hacker or through a representative to acquire a product or service we offer, or to participate in or attend an event or promotion we offer (including information previously provided to The Pain Hacker);
- Your express consent or acknowledgement contained within a written, verbal or electronic application process;
- Your consent solicited by The Pain Hacker (or our agent, contractor or representative) for a specified purpose;
- Your consent is given through your authorized representative such as a legal guardian, agent or holder of a power of attorney.
In this policy, “The Pain Hacker” is the same as described and referred to on our website.
3. Types of Information
We collect general types of information about you when you visit and use our Website; examples include personal information, demographic information, behavioral information, and indirect information. Sometimes we collect combinations of these types of information.
3.1 Personal Information
Personal Information is information that can be used to identify you or any other individual to whom the information may relate. You are prompted to provide us with this information. Such information may include your name, address, telephone number(s), mobile numbers and/or email address, credit card number(s), bank account(s), or other unique information about you that you provide to us during the registration process, or through the course of communicating with us. We may collect this same information about all other persons when you provide it to us.
3.2 Demographic Information
Demographic Information is information that may or may not be unique to you in the sense that it refers to selected population characteristics. Such information may include but is not limited to, zip code, mobile phone carrier, age, gender, salary range, education, marital status, occupation, industry of employment, personal and online interests.
3.3 Behavioral Information
Behavioral Information is information that is automatically collected pertaining to how you use our Website, the areas of our Website that you visit, what services you access, and information about your computer hardware and software, including your IP address, geographic location, browser preference, operating system type, domain names, times that you access the internet, and other websites you have visited.
3.4 Third Party Information
Third-Party Information is information about you that we acquire from a third party which may include personal, demographic, behavioral and indirect information. This collection may include but is not limited to, first-party cookies, third-party cookies, anonymous cookies, persistent identifiers, email opt-in, and search engine keywords. We have no access or control over these cookies and other tracking devices used by third-party advertisers and networks. We have no responsibility or liability for the policies and practices of these parties.
3.5 Web Technology Information
3.6 Credit Card and Bank Account Information
We may, in certain instances, collect credit card number(s), bank account information and related information, when you place an order on our Website. When the credit card or bank account information is submitted to us, such information is encrypted and is protected with SSL encryption software. We will use the credit card information or bank account information for purposes of processing and completing the transaction you requested. Such information will be disclosed to third parties as necessary to complete the requested purchase transaction.
4. No Information from Children
We will never knowingly collect any Personal Information from children under the age of 18. If we obtain actual knowledge that we have collected Personal Information about a child under the age of 18, that information will be immediately deleted from our database. Because we do not collect such information, we have no such information to use or to disclose to third parties.
If your child has submitted his or her name through one of our web sites, and you wish to communicate with us, please do so via one of the channels mentioned below.
5. No Sensitive Health Information
We do not collect information about past, present or potential future medical conditions or treatments.
6. Limiting Collection
We will only collect information for the purposes stated before or at the time of collection of that information from an individual. We will specify the amount and type of information that is being collected and limit collection to those specifications.
7. Technologies Used to Collect Information
Generally, we as well as third party vendors and supporting advertisers, use technologies such as cookies, web beacons, and java scripts. These technologies collect internet protocol (“IP”) addresses, browser type, internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and/or clickstream data. This information is used to analyze trends, administer our Website, track user’s movements through our Website and gather demographic information about our user base as a whole. We may receive reports based on these technologies on an individual or aggregate basis.
7.2 Third Party Cookies
We allow third-party vendors and advertisers to set their cookies on and through our Website. We have no control over the practices of those third parties and are not responsible for their technology or tracking. We encourage you to review the policies of such persons or entities on their websites. Below are some of the third-party vendors we use on our Website.
We use AdWords Remarketing through Google which is a Remarketing and Behavioral Targeting service provided by Google, Inc. that connects the activity on our Website with the AdWords advertising network and the DoubleClick cookie, which collects information regarding certain patterns in your browsing history. To opt-out of this tracking, please see https://support.google.com/ads/answer/2662922?hl=en.
We also use Google Analytics which is an analysis service also provided by Google, Inc. Google utilizes the data collected through its cookies to track and examine the use of this Website, to prepare reports on its activities, and to share them with other Google services. You may opt-out of the Google Analytics service using Google’s Browser Add-available at https://tools.google.com/dlpage/gaoptout/.
We also use Hotjar which records sessions and website visitors. Hotjar uses tracking code installed in your browser to track your sessions with us and we use these recordings to improve our performance and services to you. Hotjar does not capture any sensitive data and often comply with applicable privacy laws by anonymizing interactions on our Website. You may opt-out of Hotjar session recordings using Hotjar Do Not Track option at https://www.hotjar.com/privacy/do-not-track/.
7.3 Social Media Cookies
7.4 Web Beacons
We use electronic images known as web beacons (sometimes called single-pixel gifs, clear gifs or action tags) which allow us to collect information about your visit to our Website, measure and improve the effectiveness of advertisements and track the delivery of advertising. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, as well as a description of the page on which the web beacon resides. We may also use web beacons in email messages that we send to you. This allows us to determine if you opened or acted on the email messages. Because web beacons are the same as any other content request, you cannot opt-out or refuse them. However, they can be rendered ineffective by either opting-out of cookies or changing the cookie setup in your browser.
8. Limiting Use, Disclosure, and Retention
We will only use and disclose personal information for the purposes stated before or at the time of collection of that information. We will specify the amount and type of information that is being collected and limit use and disclosure to those specifications.
9. Use of Information
9.1 Providing Services and Products
We use the information we gather on our Website to provide you with the services and/or products you have requested. This may include passing your information on to a third party to provide such services or products. Although our contractual arrangement limits how this party can use your information, we do not control the privacy practices of third parties. If you have any questions or wish to remove your information from the third-party databases, you will need to contact that party directly.
9.2 Improving Our Website
We use the information we gather to respond to any inquires you make, operate and improve the functionality of our Website, and deliver the products and services advertised on our Website. Our services include the display of personalized products, content, and advertising, relating to your experience and interests.
10. Use or Disclosure for Marketing Purposes
Unless you have requested not to receive any marketing materials, we may also use (but will not disclose) your personal information to promote and market additional goods, services and special offers from us, our affiliates and/or our business associates including using direct marketing. We may also disclose your name and mailing address to these affiliates and/or business associates so that they can send you promotional materials directly.
You can choose not to allow us to use or disclose your personal information for direct marketing purposes by contacting us as outlined below (see “Your Choices” and “Challenging Compliance”).
11. Disclosure of Information
11.1 Product and Service Delivery
We share your information with third parties who help us in the delivery of the products and services you have requested.
11.2 Website Functionality
We share your information with companies and individuals we employ to perform technical functions on our behalf. Examples include third parties who host our Website, analyze our data, provide marketing assistance, process credit card payments, and provide customer service.
11.3 Third Party Products and Services
We share your information with third parties who will provide you with their opportunities, products or services. This includes your personal and non-personal information, and includes your interests and preferences, so they may determine whether you might be interested in their products or services.
11.4 Anonymous Information
We share aggregated anonymous information about you, combined with other persons using our Website with third parties, so that they can understand the kinds of visitors that come to our Website, and how those visitors use our Website. This includes demographic information and behavioral information.
11.5 Legal Disclaimer
We disclose your information if legally required to do so, or at our discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect our rights or property, or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
11.6 Business Transition
We may disclose and transfer your information to a third party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of, such information in a transaction approved by the court.
12. Third-Party Collection and Use
Third parties collect and use information about you on or through our Website in the following ways:
Advertising agencies, advertising networks, and other companies who place ads on our Website, may use their own cookies, Web beacons, and other technology, to collect information about you. We do not control the use of such technology and have no responsibility for the use of such technology to gather information about you.
Our Website and email messages sometimes contain hypertext links to websites owned by third parties. We are not responsible for the privacy practices or the content of such other websites. These links are provided for your convenience and reference only. We do not operate or control any information, software, products or services, available on these third-party websites. The inclusion of a link on our Website does not imply any endorsement of the services, products or website, or its sponsoring organization.
Written permission is required from our webmaster to create a link from an external website to our home page or any pages within our Website.
As described above, we use third parties to monitor analyze and report on the traffic to, from and within our Website and email messages.
We will retain information collected, used, and disclosed for a minimum period of six months and a maximum period of one year from the latest date of your access, use and purchase on the Website unless otherwise agreed upon.
Personal information collected through our online contact form becomes part of a contact list and is kept until the individual unsubscribes. When personal information has been used to make a decision about a specific individual, that information will be available to the individual for a minimum of six months and a maximum of one year from the date of the decision. In the event a request for personal information has been refused, the personal information relating to that request shall be retained for a minimum of six months and a maximum of one year from the date refusal was delivered, not received. Once collected information has expired, it will be destroyed, erased, or made anonymous.
We keep the Personal Information that we collect at our offices at our storage service providers in Gilbert, AZ, USA. We may, from time to time, also hold your Personal Information in connection with the purposes for which you provided your consent.
14.1 Cross-Border Transfer of Your Information
Your personal information may be transferred to other countries for processing. By using the Website, you consent to the transfer of information to countries outside of your country of residence, which may have different personal data protection rules than in your country.
We endeavor to safeguard and protect your information. When you submit information on our Website, such information is protected both online and offline. We have security measures in place to protect against the loss, misuse, and alteration of personal information under our control. The servers in which we store your information are kept in a secure physical environment. The servers have industry-standard firewalls. Access to such servers is password protected and access by our employees is limited. Currently, we use Secure Socket Layer software (“SSL”) to protect data and to secure any transactions. SSL encrypts information including credit card number(s), and names and addresses, as they are transmitted over the Internet.
Please be advised that, although we take commercially reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, we cannot and do not warrant that your information will be absolutely secure. Any transmission of data at or through our Website is at your own risk. However, access to your information is strictly limited and not accessible to the public.
16. Your Rights
You have the following rights to the processing of your personal information under relevant privacy laws including the Personal Information Protection and Electronic Documents Act (PIPEDA), European Union General Data Protection Regulation (GDPR), Health Insurance Portability and Accountability Act (HIPAA) and the California Consumer Privacy Act (CCPA).
To keep your personally identifiable information accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct personally identifiable information in our possession that you have previously submitted via our Website.
You have the right to receive a subset of the personal information you provide us if we process it on the legal bases of our contract with you or with your consent in a structured, commonly used, and machine-readable format and a right to request that we transfer such personal information to another party. If you wish for us to transfer the personal information to another party, please ensure you detail that party and note that we can only do so where it is technically feasible. We are not responsible for the security of personal information or its processing once received by the third party.
You have the right to require us to correct any personal information held about you that is inaccurate and have incomplete data completed. Where you request a correction, please explain in detail why you believe the personal information we hold about you to be inaccurate or incomplete so that we can assess whether a correction is required. Please note that while we assess whether the personal information, we hold about you is inaccurate or incomplete, you may exercise your right to restrict our processing of the applicable data as described below.
16.4 Restriction of processing to storage only
You have a right to require us to stop processing the personal information we hold about you other than for storage purposes in the following circumstances:
- You believe the personal information is not accurate for the period it takes for us to verify whether the data is accurate;
- We wish to erase the personal information, but you want us to simply restrict the use of that data;
- We no longer need the personal information for the processing, but you require us to retain the data for the establishment, exercise, or defense of legal claims; or
- You have objected to us processing personal information we hold about you based on our legitimate interest and you wish us to stop processing the personal information while we determine whether there is an overriding interest in us retaining such personal information.
You have the right to object to our processing of data about you and we will consider your request. Please provide us with detail as to your reasoning so that we can assess whether there is a compelling overriding interest in us continuing to process such data or we need to process it concerning legal claims.
You also have the right, at any time, to object to our processing of data about you to send you marketing, including where we build profiles for such purposes and we will stop processing the data for that purpose.
16.6 Choice/Opt-Out of Marketing Communications
If you receive commercial e-mail from us, you may unsubscribe at any time by following the instructions contained within the e-mail. You may also opt-out from receiving commercial e-mail from us, and any other promotional communications that we may send to you from time to time (e.g., by postal mail) by sending your request to us by e-mail at email@example.com or by writing to us at the address given at the end of this policy. Additionally, we may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us.
Please be aware that if you opt-out of receiving commercial e-mail from us, it may take up to ten business days for us to process your opt-out request, and you may receive commercial e-mail from us during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding our Website.
You may request that we erase the personal information we hold about you in the following circumstances:
- where you believe it is no longer necessary for us to hold the personal information;
- we are processing it based on your consent, and you wish to withdraw your consent;
- we are processing your data based on our legitimate interest and you object to such processing;
- you no longer wish us to use your data to send you marketing; or
- you believe we are unlawfully processing your data.
16.8 Withdrawal of Consent
Where you have provided your consent to us processing your data, you can withdraw your consent at any time by emailing us.
We will not discriminate against you for exercising any of your rights under the CCPA. Unless permitted by the CCPA or other applicable law, we will not:
- Deny you access to the Website.
- Charge you different prices or rates on the Website, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of services on the Website.
- Suggest that you may receive a different price or rate for Services or a different level or quality of services on the Website.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
If you want to exercise any or all of your rights, please submit a request including your full name, means of identification, and a brief explanation of your request via the contact information provided below. We shall comply with your request in less than ten (10) business days provided your request does not prove impossible or involve disproportionate effort for us to comply.
18. Challenging Compliance
The Pain Hacker
℅ RK Exercises For Injuries Corp.
#2289 – 3151 Lakeshore Road
Kelowna BC V1W 3S9