Lerner Fitness Inc. (“Lerner Fitness”) is committed to protecting your personal information. This Privacy Policy describes Lerner Fitness’ policies and practices with respect to the collection, use and disclosure of personal information in the course of its commercial activities, including the information you may provide while using Lerner Fitness’ website (the “Website”) and in the course of obtaining goods and services from Lerner Fitness (together, the “Services”). This Privacy Policy applies regardless of the format in which personal information is provided to Lerner Fitness.
Questions or Complaints
Any questions, concerns, or complaints regarding this Privacy Policy, or related privacy practices, or our management of personal information may be directed in writing to:
Lerner Fitness Inc.
c/o Suite 500 – North Tower
5811 Cooney Road
Richmond, British Columbia
V6X 3M1
Email: LernerFitnessInc@gmail.com
What is Personal Information
“Personal information” is information about an identifiable individual, such as your name, address, email address, and image and likeliness in both photograph and video formats. To the extent permitted by applicable law, the provisions of this Privacy Policy concerning “personal information” do not apply to business contact information.
License
Lerner Fitness grants you a limited, revocable, non-exclusive, non-transferrable, non-assignable licence for you to use the Website for your personal use and reference, subject to the terms of this Privacy Policy. Lerner Fitness reserves all rights not expressly granted in this Privacy Policy.
You agree that you will not interfere with, disrupt or create an undue burden on the Website or the networks or services connected to the Website.
Use
You shall not copy, transmit, reproduce, distribute, display, publish, disseminate, sell, manipulate, adapt, prepare derivative works from, modify, or otherwise use any content or any part of the Website, except as expressly permitted pursuant to this Privacy Policy or specifically permitted by Lerner Fitness in writing.
Unauthorized use of the Website is strictly prohibited and may be a violation of the rights of Lerner Fitness and/or third parties, including, without limitation, rights under applicable copyright laws, trademark laws, and privacy laws.
Unless specifically permitted by Lerner Fitness in writing, or except as expressly permitted hereunder, you agree not to:
• use, sell or otherwise distribute any content from the Website for commercial gain;
• use content from the Website to promote or sell products or services in competition with Lerner Fitness; or
• use content from the Website in a manner which could be reasonably expected to offend or violate the rights of any other person, or damage the reputation of Lerner Fitness.
If you share content from the Website with others through e-mail, messaging, or through social media (including through any share feature made available on the Website, if any), you must comply with the terms of this Privacy Policy in doing so, as well as the terms and conditions of such social media sites or applications.
Consent
Except where limited exceptions apply, Lerner Fitness will always make a reasonable effort to ensure that individuals are notified in advance of the purposes for which their personal information will be collected, used, or disclosed and that, where necessary, consent is obtained. Depending on the circumstances, consent may be express or implied.
By purchasing, using, or subscribing to the Services, you consent to and release each of Lerner Fitness from any liability resulting from Lerner Fitness’ use of your name, image, voice, and likeliness in Lerner Fitness’ advertising, promotional, and marketing materials, client lists, websites (including the Website), and/or other public relations documents. If you do not wish to have your name, image, voice, or likeliness used by Lerner Fitness, please send a request to Lerner Fitness Inc.
By using the Website, or by voluntarily submitting information to the Website or Lerner Fitness, you signify your consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy. If you do not consent to the collection, use and disclosure of your personal information in accordance with this Privacy Policy, you must not use the Website or submit information to Lerner Fitness. You agree that you are responsible for your compliance with all applicable laws and regulations, including the laws and regulations applicable where you are located. If you do not agree with any of these terms, then you must not use this Website.
You may withdraw your consent to the collection, use and disclosure of your personal information at any time, subject to legal or contractual restrictions. A decision to withhold or withdraw certain personal information may restrict Lerner Fitness from offering or providing its Services to you.
Collection, Use and Disclosure of Personal Information
Lerner Fitness limits the collection, use and disclosure of personal information to what is required and reasonable in the circumstances.
During your use of the Website or in the provision of the Services to you or otherwise, you may be asked to voluntarily provide personal information for purposes such as:
• to provide you with the Services;
• to facilitate transactions, process orders, and payments for the Services;
• to develop, deliver and improve the Services;
• to process and respond to your inquires, requests and to otherwise administer Lerner Fitness’ relationship with you;
• to facilitate and enhance your use of the Website;
• to conduct surveys or questionnaires related to services
• to develop, deliver and improve the Services and advertising; and
• as otherwise specified at the time of collection.
Lerner Fitness may develop a confidential profile for you, which will be used to provide Services to you and facilitate your use of the Website and/or the Services. Additionally, Lerner Fitness may keep a record of all communications with you.
Lerner Fitness may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information).
When you use the Website, we may automatically collect and store certain information in server logs. This may include: details of how you used the Website, such as your search queries; pages visited; browser type; IP address; device manufacturer, brand, model, serial number, and software version; and time and date and duration of use.
Lerner Fitness may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage and application data caches. We take appropriate security measures to prevent unauthorized access, disclosure, modification or unauthorized destruction of the stored information.
Lerner Fitness will not sell or rent your personal information. Lerner Fitness may disclose your personal information in the following circumstances: (a) to Lerner Fitness’ agents, suppliers, and service providers for use in connection with matters relating to your use of the Website, Lerner Fitness’ promotional activities or business, and Lerner Fitness’ provision of the Services to you; (b) if Lerner Fitness is involved in the sale, transfer or reorganization of some or all of its business that involves the disclosure of personal information to another organization to the extent permitted by applicable law; (c) as required by law or where Lerner Fitness believes it is necessary to do so to comply with the law. Lerner Fitness will require third parties to protect the personal information in a manner that is consistent with this Privacy Policy and all applicable law.
If you contact Lerner Fitness by email or otherwise indicate that you would like to receive emails from Lerner Fitness, Lerner Fitness may send to you emails or other communications containing information and promotions Lerner Fitness believes may interest you as permitted by applicable law. At any time, you may ask the Lerner Fitness to stop sending you emails and other information by sending your request to LernerFitnessInc@gmail.com or follow the steps on the email communication sent.
If you cease using the Website or the Services, or your permission to use the Website is terminated, Lerner Fitness may continue to use and disclose your personal information in accordance with this Privacy Policy as amended from time to time.
Transmission of Data
You acknowledge that the Internet is a network of computers worldwide, and that any information submitted by you to Lerner Fitness may be routed via third party computers to Lerner Fitness, and that Lerner Fitness is not responsible for lapses in online security and does not assume liability for improper use of your personal information by a third party.
You acknowledge and agree that whereas you may provide Lerner Fitness with personal or proprietary information through the Website, such personal or proprietary information may be transmitted across international borders as may be necessary for Lerner Fitness to process, handle and store such information.
You should be aware that third party services or websites accessible through links on the Website may transmit personal information in a different manner, and Lerner Fitness is not responsible for and expressly disclaims any and all liability related to how such third party services and websites transmit personal information.
Feedback
From time to time, Lerner Fitness may ask you to provide feedback or comments on Lerner Fitness’s products and/or services (e.g. by way of surveys or questionnaires), and your response may be submitted through the Website, electronic mail, or other means. Any such response that you provide will be:
• treated as non-confidential and non-proprietary by Lerner Fitness, except with respect to any identifying personal information (e.g. name, address, age, etc.) included in your response;
• become the property of Lerner Fitness and Lerner Fitness shall exclusively own all rights, title and interest therein; and
• used by Lerner Fitness at its sole discretion without any obligation, compensation or other liability to you.
Lerner Fitness may use your response for any purpose whatsoever, including, without limitation, to improve or promote its products and services, in any medium or manner, including on the Website or otherwise.
In the event that Lerner Fitness may, from time to time, allow for discussions, chats, postings, transmissions, bulletin boards, reviews and comments on the Website, Lerner Fitness is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the Website or of any such transmissions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger, or inaccuracy in any such transmissions made by third parties or other users.
Cookies and Other Technologies
The Website, online services, email messages, and advertisements may use “cookies” and other similar technologies, such as web beacons, pixel or gif tags, and action tags. Those technologies collect information that assists Lerner Fitness to improve products and services, advertising, customer communications, and the customer experience. Lerner Fitness treats information collected by cookies and similar technologies as non-personal information (except for internet protocol (IP) addresses or other similar identifiers).
The Website may use Google Analytics or another similar program to help collect and analyze information so that we can improve the Website.
The Website may use various Google Analytics Advertising Features and other integrated services that require Google Analytics to collect data via advertising cookies and anonymous identifiers.
The Website may use “first-party cookies”, such as the Google Analytics Cookies, or “third-party cookies”, such as Google advertising cookies. The Website and third-party vendors may use both first-party cookies and third-party cookies together.
In order to opt out of the use of cookies, you may choose to disable, block, refuse or decline the use of cookies via your browser settings, if your browser allows for this. However, in doing so, your use of the Website may be affected and some of the Website’s features or services may not function properly or optimally.
You may also be able to opt out of some portions or elements of Google Analytics by using Google’s Opt-out Browser Add-on (the “Add-on”). More information regarding the Add-on may be found at https://tools.google.com/dlpage/gaoptout/.
We do not make any representations or warranties concerning the accuracy, effectiveness, or reliability of the Add-on and we are not responsible or liable in any way for your use of the Add-on.
Retention
Personal information is retained for as long as it needs to reasonably fulfill the purposes it was intended, and for legal or business purposes. Personal information that has been used to make a decision that directly affects you will be retained for at least one year. Personal information that is no longer required is destroyed.
Access and Accuracy
Request to access personal information or to challenge the accuracy and completeness of personal information must be made in writing by contacting Lerner Fitness. Lerner Fitness will respond to written requests within 30 days upon receipt of a written request. Subject to certain exceptions and limitations prescribed by applicable law, you will be given reasonable access to your personal information, and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate. You can help Lerner Fitness maintain the accuracy of your information by notifying Lerner Fitness of any changes.
Safeguarding of Personal Information
Lerner Fitness understands the importance of using security safeguards to protect personal information against loss, theft, unauthorized access, disclosure, copying, use, modification or disposal. Lerner Fitness employs physical, administrative, and technological measures to protect personal information regardless of the format in which it is held and in accordance with the sensitivity of the information. Nevertheless, security risks cannot be eliminated and Lerner Fitness cannot guarantee that your personal information will not be used or disclosed in ways not otherwise described in this Privacy Policy.
Third Parties
The Website may include links or references to other websites operated by third parties. This Privacy Policy does not apply to those websites and Lerner Fitness has no responsibility or liability for or control over those websites and how third parties collect, use and disclose your personal information. Your use of those websites and your dealings with such third parties is at your own risk.
Services Agreements
The agreements that you accept when you purchase, use, or subscribe to the Services contain important provisions, including provisions disclaiming, limiting, or excluding Lerner Fitness’ liability and provisions determining the applicable law and exclusive jurisdiction for the resolution of disputes. To the extent permitted by applicable law, each of those provisions applies to any dispute that may arise in relation to this Privacy Policy or Lerner Fitness’s collection, use, and disclosure of your personal information, and are of the same force and effect as if they had been reproduced directly in this Privacy Policy.
Other Obligations
You acknowledge that there may be other contracts or agreements between you and Lerner Fitness and that the obligations and rights in this Privacy Policy are in addition to the obligations and rights in such other contracts or agreements. If this Privacy Policy directly conflicts with a provision of any other contract or agreement between you and Lerner Fitness relating to the Website or Lerner Fitness’ products or services, the provision in such other contract or agreement shall govern.
For further clarity, in the event of a discrepancy or conflict between the provisions of this Privacy Policy (including any other terms of use applicable to specific sections of the Website), and any other agreement in effect between you and Lerner Fitness, including, without limitation, the terms of a purchase contract or the provision of other product or service, the terms of such purchase contract or provision of other product or service will govern to the extent of the discrepancy or conflict. Otherwise, the obligations in all such instruments shall be cumulative.
Disclaimer
The Website and all content thereon are provided on an “as is” and “as available” basis. Lerner Fitness makes no warranties regarding the Website and all content thereon, expressed or implied, and to the fullest extent permissible pursuant to applicable law, Lerner Fitness disclaims and negates all warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Lerner Fitness does not warrant or make any representations concerning the accuracy, correctness, currency, suitability, or reliability of the Website or any content on the Website (including, without limitation, any third party content or third party services accessible through the Website).
Use of and browsing the Website is done at your own risk. Neither Lerner Fitness nor any other party involved in creating, producing, or delivering the Website shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of you accessing, using, or browsing the Website; uploading content to the Website; or downloading content from the Website (including, without limitation, any resulting loss or damage caused by any viruses).
Revisions to Privacy Policy
Lerner Fitness reserves the right to modify this Privacy Policy at any time without any prior notice or liability to you or any other person, but shall not be under any obligation or commitment to update the Website. The collection, use, and disclosure of your personal information will be governed by the version of the Privacy Policy in effect at that time. New versions of the Privacy Policy may be posted on the Website and are available on request. This Privacy Policy is designed as a guideline and is not exhaustive. Your continued dealings with Lerner Fitness subsequent to changes to this Privacy Policy will signify your consent to the collection, use and disclosure of your personal information in accordance with the changed policy.