Privacy Policy

PERKY PRIVACY POLICY
 
Last Updated:  May 12 2018
 
This privacy policy (this “Policy”) describes the practices Perky Athletics Ltd., and any affiliates (as that term is defined in the Alberta/Ontario Business Corporations Act), (collectively “we”, “us”, “our”) with respect to our collection, use, storage and disclosure of personal information provided to us from users of our Website. This Policy forms an integral part of Terms of Use Agreement, which is incorporated by reference. Any capitalized term used but not defined in this Policy will have the meaning defined in the Terms of Use Agreement. 
If You have any questions about our privacy practices, please refer to the end of this Policy for information on how to contact us.
All references to “Website” in this Policy refer to our website located at www.perkyathletics.com and related application(s), including mobile application(s). 
“You” refers to the user of this Website and its related Services, and as such You have gained the right to use this Website by respecting the applicable Terms of Use and by acknowledging and accepting the practices described in the Privacy Policy described in detail below. 
 
INTRODUCTION 
 
We respect and uphold individual rights to privacy and the protection of personal information. We know how important it is to protect Your personal information and want to make every user experience safe and secure. In keeping with that goal, we have developed this Policy to explain our practices for the collection, use, and disclosure of Your personal information. 
 
For the purposes of this Policy, “personal information” means information about an identifiable individual, including, for example, an individual’s e-mail address, birth date, first name, last name, home address, and photograph. We will only collect, use or disclose personal information in accordance with this Policy, or in accordance with laws applicable to the collection, use and disclosure of Your personal information by us (“Applicable Privacy Laws”). 
 
COLLECTION AND USE OF PERSONAL INFORMATION 
 
By using the Services, You are authorizing us to gather, parse and retain data related to the provision of the Services. Although our Services are general audience Services, we restrict the use of our Services to individuals age 18 and above. We do not knowingly collect, maintain, or use personal information from children under the age of 18.
 
We collect two types of information through our Website: personal information and non-personal information. The types of information we collect depend on the nature of Your interaction with us. 
 
Personal information 
 
We may collect personal information such as: 
 
Your contact information – for example, Your name and email address;
Your personal preferences – for example, language preferences, and marketing consent; and
Your profile information – for example, photographs You upload, and other information You provide in Your personal profile, such as Your interests, current city, gender, age, personal description, and occupation.
 
You may also provide us with preferences for recommendations, such as search distance, age range, and gender. If You chat with other Perky users, You provide us the content of Your chats, and if You contact us with a customer service or other inquiry, You provide us with the content of that communication.
 
Non-personal information 
 
Non-personal information does not identify You as an individual. For example: 
 
we may collect certain non-personal data when You visit our Website, such as the type of browser You are using, the device You are using, or the referring URL; 
 
we may collect and summarize user information in a non-personal, aggregate format for statistical and research purposes. We may, for example, summarize our data to determine that a certain percentage of users are female, aged 25 to 28; or
 
we may collect statistics and user profile data in a non-personal format to improve the Services.
 
We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis or other business purposes. For example, we may engage a data provider who may collect web log data from You (including IP address and information about Your browser or operating system), or place or recognize a unique cookie on Your browser to enable You to receive customized ads or content. The cookies may reflect de-identified demographic or other data linked to data You voluntarily have submitted to us (such as Your email address), that we may share with a data provider solely in hashed, non-human readable form.
 
You may choose not to provide us with Your personal information. However, if You make this choice we may not be able to provide You with the Services, or information that You requested. For example, we require Your email address in order to verify Your account, which is necessary so that notifications may be sent to You electronically. Should You no longer wish to receive notifications from Perky when You receive a message from another Perky user, You may turn these notifications off. Perky will not send You notifications after Your account is deleted. 
 
USE OF PERSONAL INFORMATION 
 
We may use Your personal information for a number of different business purposes, for example to: 
 
deliver and improve our products and Services, and manage our business; 
create and display Your profile to other users of the Website;
provide user support to assist You with Your questions or complaints;
conduct surveys in order to improve our services;
advise You of changes to our services, or new services that we may implement from time to time;
measure and improve the effectiveness of our Website or our marketing endeavours;
detect and protect against fraud and error;
track and analyze Your preferences to better understand Your service needs and eligibility; 
perform research and analysis about Your use of, or interest in, our or others’ products, services, or content; 
develop, display, and track content and advertising tailored to Your interests on our Services and other sites, including providing our advertisements to You when You visit other sites;
communicate with You by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to You either from us or other third parties; 
website or mobile application analytics; 
enforce or exercise any rights in our Terms of Use; and
for other purposes as described in this Policy.
 
We limit the personal information we collect and use to that which is necessary to fulfill our business purposes. We will not collect, sell, distribute or use personal information for any other purposes without Your further consent, except to the extent as required by law or as authorized by Applicable Privacy Laws. 
 
YOUR CONSENT 
 
When You choose to provide us with Your personal information, You consent to the use of Your personal information as identified in this Policy and as may be further identified at the time of collection. 
 
Express Consent 
 
Sometimes You will be asked to give Your express consent to our collection, use or disclosure of personal information – for example, by being asked to check a box to indicate Your consent to receive marketing communications. 
 
Implied Consent 
 
Other times, You may provide Your implied consent to our collection, use or disclosure of personal information when we can reasonably conclude that You have given consent by some action You have taken or an action You have decided not to take. Generally, this occurs where the purpose for the use of Your personal information would be reasonably apparent to You – for example, when You provide us with personal information through forms to populate Your online profile or when You provide us with photographs for Your profile, You provide us with implied consent to publish that information for other users of the Website to view. 
 
Withdrawing Your Consent 
 
You may notify us at any time that You wish to withdraw or change Your consent to our use and disclosure of Your information. We will accommodate Your request subject to legal and contractual restrictions. 
 
INFORMATION WE MAY COLLECT DIRECTLY FROM YOU 
 
Listed here are some further examples of the ways that we collect personal information directly from You and how we use it. 
 
Follow-Up and Surveys 
 
From time to time, we may send You a follow-up letter to thank You for Your use of the Website, or we may contact You to ensure that You are completely satisfied. 
 
We may use contact information collected online to conduct occasional surveys and other user research. These surveys are entirely voluntary and You may easily decline to participate. 
 
Our Website 
 
Some portions of our Website can be browsed anonymously. However, to engage in certain special features or functions of our Website, You may be asked to provide certain personal information, such as Your email address or demographic information. We use this information to create Your account, contact and correspond with You about Your account, respond to Your inquiries, and monitor functions of our Website that You choose to use. 
 
Our Mobile Applications 
 
If You use any mobile device to access our Website and download any of our applications, we may collect device information (such as Your mobile device ID, model and manufacturer), operating system and version information, and IP address. 
 
Suggestions
 
From time to time we will use some elements of Your personal information (such as Your personal preferences or Your profile information) to generate and send You a list of other users with whom You may be interest in meeting or to generate and send other users a list, including Your photograph or profile, with whom those others users may be interested in meeting. 
 
INFORMATION WE COLLECT AUTOMATICALLY 
 
In some cases, we automatically collect certain information. 
 
Our Website 
 
When using our Website, we may collect the Internet Protocol (IP) address of Your computer, the IP address of Your Internet Service Provider, the location associated with the IP address, the date and time You access our Website, the Internet address of the web site from which You linked directly to our Website, the operating system You are using, the Internet browser You are using, the device You are using, the sections of the Website You visit, the Website pages read and images viewed, and the content You download from the Website. 
 
This information is used for Website and system administration purposes and to improve the Website. 
 
Cookies 
 
The Website uses "cookies", a technology that installs a small amount of information on a Website user's computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. For example, the information provided through cookies is used to recognize You as a previous user of the Website, to offer personalized Web page content and information for Your use, and to otherwise facilitate Your Website experience. You may choose to decline cookies if Your browser permits, but doing so may affect Your use of the Website and Your ability to access certain features of the Website or engage in transactions through the Website. 
 
SUPPLEMENTING INFORMATION 
 
From time to time we may supplement information You give us with information from other sources, such as information validating Your address or other available information You have provided us. This is to help us maintain the accuracy of the information we collect and to help us provide better service. 
 
DISCLOSURE AND SHARING OF YOUR INFORMATION 
 
We do not sell or license Your personal information to any other party. However, in the normal course of business we may share some of Your personal information with our affiliates and with third parties acting on our behalf or as permitted or required by Applicable Privacy Laws. 
 
Information Shared with Other Users
 
When You register as a user of Perky, Your Perky profile will be viewable by other users of the Services. Other users will be able to view information You have provided to us directly, including any photos You upload, Your first name, Your age, approximate number of miles/kilometers away, Your personal description, and information You have in common with the person viewing Your profile.
 
Service Providers 
 
We may use third party service providers (for example, web hosting providers, data management providers and/or payment processers) to manage one of more aspects of our business operations, including the processing or handling of personal information. We may share information, including but not limited to personal and financial information, with these third party services providers. When we do use an outside company, we use contractual or other appropriate means to ensure that Your personal information is used in a manner that is consistent with this Policy. 
 
To provide increased availability of the Website, some of these operations may result in personal information collected by Perky being stored outside Canada and, as a result, such personal information stored outside of Canada may be accessible to law enforcement and regulatory authorities in accordance with applicable laws of countries outside Canada. 
 
Information Shared Amongst Our Affiliates, Subsidiaries and Divisions 
 
We may share personal information gathered on our Website with and amongst our corporate subsidiaries, affiliates or divisions for internal business purposes in accordance with this Policy. If we do, we will ensure that Your information continues to be used only in accordance with this Policy and Your expressed choices. 
 
Legal Disclosure 
 
We may disclose Your information as permitted or required by law. For example, we may be compelled to release information by a court of law or other person or entity with jurisdiction to compel production of such information. If we have reasonable grounds to believe information could be useful in the investigation of, prevention of, or other action regarding, improper or unlawful activity, we may disclose information to law enforcement agencies or other appropriate investigative bodies. In such cases, we may raise or waive any legal objection or right available to us.
 
Other Situations
 
We may disclose Your information, including personal information:
 
to establish or exercise our legal rights or to defend against legal claims.
 
to protect and defend the rights, property or safety of Perky, our users, our employees, or others.
 
in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
 
as otherwise required by law.
 
In any such cases, we may raise or waive any legal objection or right available to us.
 
SECURITY OF PERSONAL INFORMATION 
 
The security of Your personal information is a high priority for us. We maintain appropriate safeguards and current security standards to protect Your personal information, whether recorded on paper or captured electronically, against unauthorized access, disclosure, or misuse. For example, electronic records are stored in secure, limited-access servers; we employ technological tools like firewalls and passwords; and we ensure our employees are trained on the importance of maintaining the security and confidentiality of personal information. Reasonably secure methods are used whenever we destroy personal information. However, no system can be completely secure. While Perky takes steps to secure Your information, we do not promise, and You should not expect, that Your personal information, chats, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email.
 
We provide areas on our Services where You can post information about Yourself and others and communicate with others. Such postings are governed by our Terms of Use. Also, whenever You voluntarily disclose personal information on publicly-viewable pages, that information will be publicly available and can be collected and used by others. For example, if You post Your email address, You may receive unsolicited messages. We cannot control who reads Your posting or what other users may do with the information You voluntarily post, so we encourage You to exercise discretion and caution with respect to Your personal information.
 
If You are visiting our Services from outside Canada, please be aware that Your information may be transferred to, stored, and processed in Canada and globally where our servers are located and our central database is operated. By using our Services, You understand and agree that Your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.
 
REQUESTS FOR ACCESS TO AND CORRECTION OF PERSONAL INFORMATION 
 
If You have a Perky account, You have the ability to review and update Your personal information within the Services by opening Your account and going to settings. More information about how to contact us is provided below. You also may close Your account at any time by visiting the "Settings" page for Your account. If You close Your account, we will retain certain information associated with Your account for analytical purposes and record keeping integrity, as well as to prevent fraud, enforce our Terms of Use, take actions we deem necessary to protect the integrity of our Services or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
 
Applicable Privacy Laws allow any individual the right to access and/or request the correction of errors or omissions in his or her personal information that is in our custody or under our control. Our Privacy Officer will assist the individual with the access request. This includes: identification of personal information under our custody or control; and information about how personal information under our control may be or has been used by us.
 
We will respond to requests within the time allowed by Applicable Privacy Laws and will make every effort to respond as accurately and completely as possible. Any corrections made to personal information will be promptly sent to any organization it was disclosed to. 
 
In certain exceptional circumstances, we may not be able to provide access to certain personal information it holds about an individual. For security purposes, not all personal information is accessible and amendable by the Privacy Officer. If access or corrections cannot be provided, we will notify the individual making the request within 30 days, in writing, of the reasons for the refusal. 
 
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Website.
 
REMOVAL OF YOUR INFORMATION 
 
We keep Your information only as long as we need it for legitimate business purposes and to meet any legal requirements. Personal information used to make a decision that directly affects an individual will be kept for at least one year after such a decision. We have retention standards that meet these parameters. 
 
CHANGES TO THIS PRIVACY POLICY
 
We will occasionally update this Privacy Policy. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. We recommend that You check our Services from time to time to inform Yourself of any changes in this Privacy Policy or any of our other policies.
 
CONCERNS OR QUESTIONS REGARDING OUR COMPLIANCE 
 
Questions or concerns regarding our compliance with this Policy may be directed to the Privacy Officer, Rebecca Perkins at info@perkyathletics.com