Privacy Policy

Last modified: April 14, 2023

INTRODUCTION

Youthfully Inc. and our affiliates and subsidiaries (“Company” or “We”) respect your privacy and are committed to protecting it by complying with this policy.

This policy describes:

  • How we collect, use, disclose, and protect the personal information of our customers and website users (“you“).
  • Describes the types of information we may collect from you or that you may provide when you visit the website www.youthfully.com (our “Website“).
  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.

We will only use your personal information in accordance with this policy unless otherwise required by applicable law. We take steps to ensure that the personal information that we collect about you is adequate, relevant, not excessive, and used for limited purposes.

Privacy laws in Canada generally define “personal information” as any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person. [Personal information does not include business contact information, including your name, title, or business contact information.]

This policy applies to information we collect, use, or disclose about you:

  • On this Website.
  • In email, text, and other electronic messages between you and this Website.
  • Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website. 
  • When you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this policy. 
  • Audio & Written Message Data: We record, collect and process audio and written message voice data, strictly for training and quality assurance purposes. Voice data means audio recordings of your voice and transcripts of those recordings. Written message data means the text-based messages you send and receive on the platform from a Youthfully Coach or Youthfully staff. We will obtain your consent to prior to any recording and a copy of the recording can be made available to you at your request. 

Please read this policy carefully to understand our policies and practices for collecting, processing, and storing your information. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you indicate that you understand, accept, and consent to the practices described in this policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes indicates that you accept and consent to those changes, so please check the policy periodically for updates. We will notify you in advance of any material changes to this policy and obtain your consent to any new ways that we collect, use, and disclose your personal information.

INFORMATION WE COLLECT ABOUT YOU

We collect and use several types of information from and about you, including:

  • Personal information, that we can reasonably use to directly or indirectly identify you, such as your name, mailing address, e-mail address, telephone number, Internet protocol (IP) address used to connect your computer to the Internet, user name or other similar identifier and audio communications data (“personal information“). We collect this information to facilitate communication, provide personalized services, verify parent/guardian identity, and ensure the security and integrity of our services.

A Youthfully Coach may also connect their external or third-party calendar with Youthfully. We collect this information to synchronize with external calendars and avoid scheduling conflicts, making it easier for users to book sessions without overlapping with existing events.. Our 2-way calendar sync integration will check the duration and free/busy status of the events in your external calendar, as well as the titles of any events. We do not check any contents of your external calendar events outside of those related to Youthfully.

We provide an opportunity for any user to unsubscribe from our or opt-out of contact for marketing purposes on an ongoing basis by accessing our Website, using the unsubscribe mechanism at the bottom of our e-mails or by replying STOP in SMS texts, or by e-mailing to help@youthfully.com 

  • Non-personal information, that does not directly or indirectly reveal your identity or directly relate to an identifiable individual, such as, demographic information, or statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of users accessing a specific Website feature. We collect this information for statistical analysis, research, and to improve our services, without directly identifying individuals.
  • Technical information, including your login information (excluding your password), browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access our Website, and usage details. We collect this information for system administration, security, and to optimize user experience while accessing our services.
  • Non-personal details about your Website interactions, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to call our customer service number. We collect this information to analyze user behavior, improve website performance, and enhance user experience on our website.

HOW WE COLLECT INFORMATION ABOUT YOU

We use different methods to collect your information, including through:

  • Direct interactions with you when you provide it to us, for example, by filling in forms or corresponding with us by phone, email, or otherwise. 
  • User contributions. You may also provide information for us to publish or display on public Website areas or transmit to other Website users or third parties.
  • Automated technologies or interactions, as you navigate through our Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies. We also use Google Tag Manager, Google Analytics, Google Adwords (Conversion Tracking), LinkedIn (Conversion Tracking), Rewardful (Conversion Tracking).

INFORMATION YOU PROVIDE TO US 

The information we collect directly from you on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, and requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
  • Your search queries on the Website.
  • Audio and written message data from your communications with Coaches. We record, collect and process this data, strictly for training and quality assurance purposes. Voice data means audio recordings of your voice and transcripts of those recordings. We will obtain your consent to prior to any recording and a copy of the recording can be made available to you at your request. 
  • Academic or professional certifications or information about your academic experience.

You may also provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that unauthorized persons will not view your User Contributions.

Information We Collect Through Cookies and Other Automatic Data Collection Technologies  

As you navigate through and interact with our Website, we may use cookies or other automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). To learn more or to opt-out of tailored advertising please visit Digital Advertising Alliance of Canada Opt-Out Tool for information on how you can opt out of behavioral tracking on this Website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically is statistical data and does not include personal information is statistical information and may include personal information is statistical information that includes personal information, and we may maintain it or associate it with personal information we collect in other ways, that you provide to us, or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. 
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings that are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

Third Party Use of Cookies and Other Tracking Technologies

Some content or applications on the Website, including advertisements, are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioural) advertising or other targeted content. 

You can opt-out of several third party ad servers’ and networks’ cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada. You can also access these websites to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.

We do not control these third parties’ tracking technologies or how they are used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For more information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it.
  • To provide you with notices about your [account/subscription], including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts with you, including for billing and collection or to comply with legal requirements.
  • To notify you about changes to our Website or any products or services we offer or provide through it.
  • To improve our Website, products or services, marketing, or customer relationships and experiences.
  • To measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • In accordance with applicable law, in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Youthfully Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Youthfully Inc. about our customers and users is among the assets transferred, we may not be able to obligate the acquiring entity to implement the same security safeguards for personal information as Youthfully Inc. However, we will make reasonable efforts to notify our users of such acquisition and ensure that the successor entity is obligated to at least inform users of changes to the privacy policy and terms of use. We encourage our users to review the privacy policies and terms of use of any successor entity to understand their data protection practices.
  • To contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Website improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.
  • To fulfill the purpose for which you provide it. 
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law.
  • To enforce or apply our terms of use www.youthfully.com/terms/ and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Youthfully Inc. our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Youthfully may transfer, process and store Personal Information to affiliated entities or to other third party service providers across borders and from your country or jurisdiction to other countries or jurisdictions around the world, and your Personal Information may therefore be disclosed, transferred, stored (including electronically) or processed in such other jurisdictions for the purposes described herein.

In particular, by accessing or using our website, services or online platforms or otherwise providing Personal Information to us, you specifically acknowledge the processing and transfer of Personal Information in and to the United States of America (“U.S”) and that any personal information which is disclosed, transferred, stored or processed in the U.S. may be subject to legal requirements of that jurisdiction, including the United States USA PATRIOT Act, which facilitates, among other things, the ability of U.S authorities to conduct searches and to seize or compel the disclosure of records which may contain Personal Information.

If you choose to use the Youthfully website or any of the services or online platforms we operate from the EU or EEA or other regions of the world with laws governing data collection and use that may differ from Canadian or U.S. law, then please note that you may be transferring your Personal Information outside of those regions to the U.S. or Canada for storage and processing by our service providers listed below. We will comply with GDPR requirements providing adequate protection for the transfer of personal information from the EU/EEA to the U.S. or Canada.

Youthfully Third Party Data Processors, include but or not limited to:

  • Amazon Web Services – Storing personal documents, profile information
  • Twillo – Communicating with coaches and students online
  • Hubspot – Communicating with coaches and students online
  • Mailchimp – Emailing students, parents and coaches
  • Stripe – Payment processing

CANADA ANTI-SPAM LEGISLATION 

Youthfully will not share, publish, disclose, or sell any Electronic Addresses and/or email lists containing Electronic Addresses provided or obtained by users.  Any use of Electronic Addresses, including for sending commercial electronic messages, by itself or that it directs, authorizes, acquiesces in, or participates in, is and always will be CASL compliant. Youthfully will not install a Computer Program on any Computer Systems, including another person’s computing device, without obtaining CASL compliant express consent. Youthfully  acknowledges and agrees that it is solely responsible for its CASL compliance.  

DATA BREACHES

Youthfully shall notify users in writing as soon as commercially practicable, however no later than forty-eight (48) hours, after Youthfully has either actual or constructive knowledge of a breach which affects the User’s Data (a “Data Breach”) unless it is determined by law enforcement that such notification would impede or delay their investigation. Youthfully shall have actual or constructive knowledge of an Data Breach if Youthfully actually knows there has been an Data Breach or if Youthfully has reasonable basis in facts or circumstances, whether acts or omissions, for its belief that a Data Breach has occurred. 

The notification required by this section shall be made as soon as commercially practicable after the law enforcement agency determines that notification will not impede or compromise the investigation. Youthfully shall cooperate with law enforcement in accordance with applicable law provided however, that such cooperation shall not result in or cause an undue delay to remediation of the Data Breach. Youthfully shall promptly take appropriate action to mitigate such risk or potential problem at Youthfully’s expense. 

In the event of an Data Breach, Youthfully shall, at its sole cost and expense, restore the Confidential Information, to as close its original state as practical, including, without limitation any and all Data, and institute appropriate measures to prevent any recurrence of the problem as soon as is commercially practicable. Youthfully conducts periodic risk assessments and remediate any identified security vulnerabilities in a timely manner. Youthfully has a written data incident response plan, to include prompt notification of the Users in the event of a security or privacy incident, as well as best practices for responding to a breach of Personal Information.

TRANSFERRING YOUR PERSONAL INFORMATION

We may transfer personal information that we collect or that you provide as described in this policy to contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with Website improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.

We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this policy and applicable Canadian privacy legislation.

You are welcome to contact us to obtain further information about Company policies regarding service providers outside of Canada. See Contact Information and Challenging Compliance.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: 

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this Website may not be accessible or may not function properly. For more information about tracking technologies, see Information We Collect Through Cookies and Other Automatic Data Collection Technologies. 
  • Promotional Offers from the Company. If you have opted in to receive certain emails from us but no longer wish to have your [email address/contact information] used by the Company to promote our own, you can opt-out by any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to legal@youthfully.com. If we have sent you a promotional email, you may unsubscribe by clicking the unsubscribe link we have included in the email.

DATA SECURITY

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We store all information you provide to us behind firewalls on our secure servers. 

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. We urge you to be careful about giving out information in public areas of the Website like message boards, which any Website visitor can view.

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. 

DATA RETENTION

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances 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. 

CHILDREN UNDER THE AGE OF 18

Our Website is not intended for children under 18 years of age without the approval of a parent or legal guardian. We do not knowingly collect personal information directly from children under 18. If you are under 18, you will require the consent of a parent or legal guardian to provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18 without the consent of their parent or legal guardian, please contact us at legal@youthfully.com.

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.

You can review and change your personal information by logging into the Website and visiting your account profile page. 

If you want to review, verify, correct, or withdraw consent to the use of your personal information you may also send us an email at legal@youthfully.com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you a fee to access your personal information, however, we will notify you of any fee in advance.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

We will provide access to your personal information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions include:

  • Information protected by solicitor-client privilege.
  • Information that is part of a formal dispute resolution process.
  • Information that is about another individual that would reveal their personal information or confidential commercial information.
  • Information that is prohibitively expensive to provide.]

If you are concerned about our response or would like to correct the information provided, you may contact our Privacy at legal@youthfully.com

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of use www.youthfully.com/terms/.

WITHDRAWING YOUR CONSENT

Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at legal@youthfully.com. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision. 

CHANGES TO OUR PRIVACY POLICY

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 our users’ personal information, we will notify you by email to the primary email address specified in your account and through a notice on the Website home page. 

We include the date the privacy policy was last revised at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

CONTACT INFORMATION AND CHALLENGING COMPLIANCE

We welcome your questions, comments, and requests regarding this privacy policy and our privacy practices. Please contact Joel Nicholson at: legal@youthfully.com 

We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this policy, and with applicable privacy laws. To discuss our compliance with this policy please contact our Privacy Officer using the contact information listed above.