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Modo Yoga Privacy Policy

Modo Yoga International, Inc. (Modo Yoga), takes seriously the security and protection of ‎your personal information. We ‎respect your ‎right to privacy and to transparency regarding Modo ‎Yoga’s use of your personal information.  This Policy outlines how and why we collect, use, ‎disclose, store and secure your personal information, as well as your rights in connection with ‎your personal information.‎

This Policy applies to our handling of your personal information, whether this takes place in ‎person (e.g. at a Modo Yoga studio), over the telephone, through our websites ‎‎(www.modoyoga.com, www.modoyogaonline.com), through our mobile app devices (Modo ‎Yoga, Mindbody App and Modo Yoga Online or other mobile apps that we may issue and that ‎display this privacy policy – the “Apps”) or through other means of communication with you, ‎such as Mariana Tek, Mindbody Online, UScreen, BrandBot, Instagram, Facebook and TikTok.‎

Modo Yoga has appointed a Privacy Officer who has responsibility for our compliance with ‎applicable privacy legislation.  Contact information for our Privacy Officer is set out at the ‎conclusion of this Policy.‎

 

WHAT PERSONAL INFORMATION DOES MODO YOGA COLLECT?‎

In connection with the purposes set below, Modo Yoga may collect some or all of the following ‎types of personal information:‎

‎– name and contact information, including home address, home, business and mobile phone ‎numbers, email address, ‎

‎– your photograph  (e.g. for ID cards/passes or for Modo Yoga’s customer relationship system)

‎– your image (in connection with use of security cameras in our office or studio)‎

‎– payment card information, bank account information

‎– health information relevant to your participation in yoga and related activities

‎– purchase/transaction history with Modo Yoga  ‎

‎– your preferences as indicated through your transactions and interactions with our ‎websites, including www.modoyoga.com, www.modoyogaonline.com, and our Apps and ‎any feedback you choose to provide‎

‎– any information you choose to provide in person (e.g. at a Modo Yoga studio), over the ‎telephone, through our website ‎‎(www.modoyoga.com, www.modoyogaonline.com), through our ‎Apps or through other means of communication with you, such ‎as Uscreen, BrandBot, ‎Instagram, Facebook and TikTok‎

‎– relationships to other individuals with accounts, emergency contact information, membership ‎‎contracts including signatures.‎

FOR WHAT PURPOSES DOES MODO YOGA COLLECT, USE OR DISCLOSE YOUR ‎PERSONAL INFORMATION?‎

We may collect, use or disclose your personal information for some or all of the following ‎purposes:‎

‎– to create a customer account for you and to maintain your up to date contact information so ‎that we may communicate effectively with you

‎– to ensure we are aware of any relevant health matters or conditions which may impact on your ‎ability to safely participate in our classes or events, as well as to generally provide a safe and ‎healthy environment for our customers and staff

‎– to process and facilitate any purchases of products or services by you (whether through ‎Mindbody, Mariana Tek, WooCommerce, Uscreen or Modo Yoga Online or our Apps‎ and to ‎fulfill and track your transactions or orders)

‎– with respect to payments by you, to allow you to save your billing and payment details on our ‎systems if you choose to do so (credit card numbers are encrypted and stored in ‎the Mindbody, ‎Mariana Tek, WooCommerce, Uscreen or Modo Yoga Online systems) ‎

‎– to allow you to make use of scheduling or similar features available through Mindbody, ‎Mariana Tek, Uscreen or Modo Yoga Online systems, and our Apps and for our administration, ‎facilitation and monitoring of those systems

‎– to obtain feedback on our products or services (for example, through optional surveys, ‎feedback forms and similar mechanisms)‎

‎– to communicate with you generally and respond to your queries, including in regard to ‎product/service matters, such as class schedule changes, cancellations, product recalls, class ‎requirements, evaluations, and schedule changes and surveys‎ ‎

‎– to the extent permitted by applicable law and, if necessary, with your consent, to communicate with you for marketing or promotional purposes, which may include sending ‎newsletters, updates, offers, contests, promotions, and similar matters  (for information ‎regarding opting in or out of some of these communications, please see “Your  Rights and Choices” ‎below)‎

‎– to protect Modo Yoga and its customers from fraud, theft, security and safety risks, or similar ‎matters (this may include the use of video cameras in some areas)‎

‎– to enforce applicable terms of use for our services and to generally exercise our legal rights ‎and obligations (e.g. to defend Modo Yoga in the event of any claims, collect debts, assert our ‎rights, process refunds, communicate with our insurers, and similar matters)‎

‎– to customize the content that you see on our website and our Apps, to improve usability and to ‎market our services on other websites and online platforms

‎– to assist with law enforcement where we have a good-faith belief that the disclosure is ‎reasonably necessary for law enforcement or regulatory purposes  ‎

‎– to comply with legal requirements and act in accordance with legal authorizations

‎– Cookies –‎

When you visit the Modo Yoga website, Modo Yoga Online, Uscreen, Mariana Tek (Modo Yoga) ‎or Mindbody Online, small text files known as “cookies” may ‎be stored on your ‎computer’s hard ‎drive (or on your phone or PDA). We use cookies to improve the ‎quality of our service by storing user preferences and tracking user trends, such as how people ‎use our website and Apps.  For example, information about a user’s visit to our website or how ‎they use our Apps is logged, ‎however a user’s IP address is never referenced ‎to personally ‎identifiable information. ‎Usage statistics are gathered in a non-intrusive manner. The log ‎files are ‎private ‎documents and are primarily used by the server administrator for error notification, ‎‎‎server administration, to monitor website and App performance, and to help us develop new ‎website and App features. Occasionally, portions of ‎the log files may be ‎viewed by others for the ‎purpose of server administration, security ‎or when required by law.‎

We customize certain Web page content ‎based on your ‎browser-type or other ‎information provided by our cookie. Modo Yoga does not use cookies to ‎retrieve ‎personal information about you ‎from your computer. If you reject the cookie, you will still ‎be able to ‎browse our site; ‎however, certain functionalities may not be available to you if you ‎disable cookies.‎  To the extent permitted by applicable law and, where required, with your consent, we may use cookies and other automated devices and applications, such as ‎Google Analytics, to evaluate usage of our websites, including devices designed for mobile apps. ‎To learn more about Google’s privacy practices, please review the Google Privacy Policy at ‎https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out ‎Browser Add-on to limit data from being used by Google Analytics ‎at https://tools.google.com/dlpage/gaoptout.  At this time, our online services do not respond ‎to web browser “Do Not Track” signals. ‎

 

Information Sharing and Disclosure

We do not sell your personal information.  We do not share or disclose your personal information ‎except in accordance with the purposes outlined above, including to provide the services or ‎products you request.  For example: ‎

Providing Services.  Personal and other information may be shared with our selected suppliers, ‎service providers, affiliates, and partner sites in connection with providing services or products ‎to you. For example, we may provide such information to third parties in connection with ‎operating and maintaining our website, fulfilling your requests for products or services, ‎processing credit card payments (if applicable), delivering products, performing business and ‎sales analysis, and offering contests or conducting surveys. We do not provide your contact ‎details to other companies for their marketing or mailing list, unless you have consented to same ‎or unless otherwise authorized by applicable law.‎

We also share information with our franchisees for the above purposes. If a franchisee sells or otherwise transfers its ‎franchise, we will transfer member information controlled by the outgoing franchisee to the ‎successor franchisee. We also share information with our franchisees for other customer service ‎purposes. ‎

Content Sharing.  Content (meaning any materials, including, without limitation, text, pictures, ‎graphics, sound files and other files and the selection and arrangement thereof, the “Content”) ‎that you make available publicly on our website is generally displayed to other visitors to the ‎website. We also may use the Content you share with us on our other online platforms, social ‎media accounts, and in our promotional videos and content. Content that you make available ‎publicly may be collected and used by others, and we cannot control what other users do with ‎this Content.‎

Modo Yoga affiliates, service providers, franchisees and partners may be located outside ‎Canada (and, if you are a resident of Québec, outside of your province of residence).  Accordingly, your personal information may be transferred to or stored in countries ‎outside Canada (and, if you are a resident of Québec, outside of your province of residence) and will therefore be accessible to law enforcement and/or regulatory authorities ‎according to the applicable laws in such foreign jurisdictions.‎  You may ‎contact us ‎‎(as provided below) to obtain information ‎about our policies ‎and ‎practices ‎regarding our transfer of personal ‎information across borders, ‎or to ask questions ‎about ‎the ‎collection, use, disclosure or storage of personal ‎information by us or ‎our foreign service ‎‎providers. ‎

Change of Control.  In connection with a significant transaction involving Modo Yoga, such as a ‎merger or acquisition, sale of all or part of our assets, investment or financing, or bankruptcy or ‎restructuring, we may transfer personal and other information to another party, but you will be ‎notified before your personal information becomes subject to the privacy policy of another ‎company.‎

Aggregate Data.  We may share aggregated, de-identified (to the extent permitted by applicable law) or anonymized information (i.e. non-‎identifiable information) with third parties, such as usage statistics or demographic trends ‎regarding our users. This data does not include personal information.‎

‎Your Rights and Choices:‎

You have the right to access or correct your personal information held by Modo Yoga, subject to ‎certain conditions and exceptions set out in applicable privacy legislation.  ‎

You may opt out of marketing/promotional communications or withdraw your consent to same at ‎any time by clicking ‎the unsubscribe link, found at the foot of ‎every email that we send to you, or ‎by sending an email request to: ‎info@modoyoga.com or by adjusting your subscription settings ‎in your account, from within the App, or within ‎Mindbody, Mariana Tek, Uscreen or Modo Yoga ‎Online.‎ You also have the right to withdraw your consent to our use or communication of your personal information, however please ‎note that we may be unable to offer you ‎certain services if you withdraw your ‎consent, and that withdrawing your consent does not create an ‎obligation for us to delete personal ‎information ‎which we ‎are otherwise allowed or required to ‎retain under applicable law. If you wish to exercise your right to access/correct your personal information, opt-out ‎of or withdraw consent for marketing/promotional communications, withdraw consent to our use of communication of your personal information, or if you have a question or ‎concern about our collection, use disclosure or storage of your personal information, please ‎contact us at: info@modoyoga.com.‎

If you are a resident of the province of Québec, you may also have the right to obtain a machine-readable copy of your personal ‎information or ‎to have us transfer it to another controller of your choice (data portability), and to request, in certain ‎circumstances, that we cease ‎disseminating your ‎personal information or to ‎de-‎‎index any hyperlink that allows access to ‎that personal information by ‎‎technological means (de-indexation).‎

Modo Yoga will take steps to confirm your identity, before processing your access/correction ‎request.‎

Modo Yoga endeavours to respond to access/correction requests within 30 days following ‎receipt, unless additional time is needed (in which case, we will notify you).  If we are unable to ‎provide access to some or all of your personal information or if we are unable to correct your ‎personal information as you have requested, we will notify you of the reasons for this and outline ‎any recourse available to you.‎

Linking to other websites

Modo Yoga sometimes provides links to other organizations’ ‎websites. Unless we ‎expressly say ‎otherwise, a link to another website does not mean ‎that we are responsible for, or that we ‎‎endorse the content or policy of that website. ‎When you provide information at one of those ‎sites, you ‎are subject to that site’s ‎privacy policy, not this one. We encourage you to read that ‎website’s policy before submitting ‎any ‎information if you have concerns about how information ‎may be collected or used.‎

Security

Modo Yoga takes reasonable measures to protect the confidentiality and security of your ‎personal information.  This includes physical, operational and technological measures and ‎safeguards.‎

Retention

Modo Yoga retains personal information as long as needed to fulfill the purposes for which the ‎information was collected, as well as for legal and reasonable business purposes.‎ As a general rule, ‎we will only keep your personal ‎information for a‎ period of up to three years. If we use your personal information to render a decision affecting you, we will retain your personal information for at least one year.‎

Privacy Policy Changes ‎

Modo Yoga may deem it necessary or appropriate from time to time ‎to modify this ‎privacy ‎policy to reflect changes in the way Modo Yoga collects or uses information or ‎changes in ‎privacy-related laws, regulations, or ‎industry standards. Accordingly, Modo Yoga ‎ reserves the ‎right to ‎change this privacy policy at any time by posting the revised ‎policy on its website and ‎App. ‎Information will be handled according to the privacy policy in effect at the time the ‎‎‎information is used. If we make significant changes to this policy, we will take additional steps to ‎bring this to the attention of our customers and, where required by applicable law, obtain your consent to any new collection, use, or communication of personal information.‎

Whom do I contact with questions?‎

Modo Yoga’s Privacy Officer may be reached at: ‎

Nava Dabby, nava@modoyoga.com, 980 Alder Street, Campbell River, BC V9W 2P9‎

Please remember to include your full name, email address and phone number with your ‎‎correspondence.‎ ‎

Date: October 19, 2023‎