PRIVACY POLICY

This privacy policy (the “Privacy Policy”) sets out the privacy policies and practices for Porter Wellness Group Inc. (“Porter Wellness”) with respect to how Porter Wellness collects, uses and discloses personal information. This Privacy Policy applies to information collected from you by Porter Wellness via www.nicoleporterwellness.com (the “Website”), other websites operated or provided by Porter Wellness and various subdomains (collectively, the “Sites”) and other places where or means by which we may collect personal information, including but not limited to email, social media platforms, telephone, in-person, questionnaires, assessment forms, and products and services provided by Jane Software Inc. or Thinkific Inc. (collectively, the “Services”). This Privacy Policy also sets out how you can access certain information that Porter Wellness may collect about you. In this Privacy Policy, “personal information” means information or opinion about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion as further defined under applicable privacy laws, including, but not limited to, other personal information collected through either or both the Sites and Services.

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

Consent

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

Revisions to This Privacy Policy

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

This Privacy Policy was last updated on June 20, 2020.

Collection of Your Information

Porter Wellness may collect personal information in connection with your use of any or all of the Sites, the Services or the purchase of Porter Wellness’ products and services, which may include information provided in connection with the following activities:

• Using and inputting information into either or both the Sites and Services. This includes information you may provide when you request answers to your health questions, sign up to receive Porter Wellness’ wellness advice, e-mail newsletters or other services, submit information or questionnaires to Porter Wellness, or use third party platforms such as those provided by Jane Software Inc or Thinkific Inc.
• Providing feedback or making other submissions to Porter Wellness;
• Requesting information or assistance from Porter Wellness;
• Porter Wellness may also keep a copy of any communications or correspondence you may send to it, including any e-mail communications;
• Using other features of either or both the Sites and Services that may be offered from time to time, and may require such information in order to utilize the feature.

The personal information that Porter Wellness may collect may include your name, address, email address, telephone number, age, height, weight, date of birth, marital status, number of children, sensitive physical and mental health information, medical history, nutritional information, sexual history, personal preferences, and any other personal information that you choose to submit to Porter Wellness through either or both the Sites and Services, or in other communications to Porter Wellness. You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual, that is provided by you to Porter Wellness.

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

Cookies

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

Cookies help Porter Wellness to improve the Sites, and to deliver more personalized service by enabling Porter Wellness to estimate audience size and usage patterns, to store information about your preferences, to speed up your searches and to recognize you when you return to the Sites.

Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting Porter Wellness’ cookies, you may follow your Internet browser’s steps for doing so. Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the Sites.

IP Addresses

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

Protection of Your Information

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

Nevertheless, Internet or wireless transmissions are never completely private or secure. You understand that any messages or information you send to or input into either or both the Sites and Services may be read or intercepted by others. If you have any questions about the security of personal information collected by Porter Wellness, please contact: privacyofficer@nicoleporterwellness.com.

Use of Your Personal information

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

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

Personal information collected by Porter Wellness may be transferred to, stored and processed in Canada and the United States and this information may be accessed by the courts, law enforcement, and national security authorities of those jurisdictions.

Disclosure of Your Information

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

Retention of Your Personal information

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

Children’s Privacy

Porter Wellness recognizes the privacy interests of children and Porter Wellness encourages parents and guardians to take an active role in their children’s online activities and interests. The Sites and Services are not intended for children under the age of 18. Porter Wellness does not target its services, the Sites or the Services to children under 18. Porter Wellness does not knowingly collect personal information from children under the age of 18.

Choice and Opt-Out Preferences

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

Access and Correction

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

Request for Access and Correction, Questions or Comments

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

Porter Wellness Group Inc.
Attention: Privacy Officer
privacyofficer@nicoleporterwellness.com