Terms of Service

Effective Date: The date You access the Platform

THESE TERMS OF SERVICE (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR THE “CLIENT”) AND NANCY PICHONSKY, OPERATING AS EMBRACE BALANCE YOGA (“THE COMPANY,” “WE,” “US,” OR “OUR”).

1. Acceptance

(a) The Company. The Company provides yoga classes, workshops, events, training and other yoga-related services to the public. The Company provides content and appointment-making capability that may be available on desktop, laptop and mobile devices, which may include third party links to booking sites (the “Platform”). The Company permits Clients to book appointments and pay in advance.

(b) Use of Platform and Services. If you access, install or use the Platform, install or use any other technology supplied by the Company (“Technology”), or access any information, function, or service available or enabled by the Company (each, a “Service” and collectively, the “Services”), or complete the Company account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) represent and warrant that:

you have read, understand, and agree to be bound by this Agreement;
you are of legal age in the jurisdiction in which you reside to form a binding contract with the Company (the “Minimum Age”); and
you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.

(c) No Services without Consent. If you do not agree to be bound by the Agreement, you may not access or use the Company’s Services.

2. Modifications

The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Technology or Services at any time, effective upon posting of an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

3. Additional Terms and Policies

By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with the Company’s Privacy Policy, which is incorporated in this Agreement by reference. Certain features of our Services may be subject to additional terms and conditions, which to the extent permitted by applicable law, are incorporated into this Agreement.

4. Rules and Prohibitions

By using the Services, you agree that:

(a) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other intellectual property rights or other rights of any third party, including privacy, personality or publicity rights.

(b) You will only access the Services using means explicitly authorized by the Company.

(c) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.

(d) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to the Company’s personnel or other clients.

(e) You will not copy or distribute the Technology or any content displayed through the Platform, including any Platform content or reviews.

(f) You will provide us with accurate information to create your account and will promptly notify the Company of any changes.

(g) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.

(h) You will not use the Services in any way that could:

damage, disable, overburden or impair any the Company server, or the networks connected to any the Company server;
gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any the Company server;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures the Company may use to prevent or restrict access to the Services or use of the Services; or
access the Platform by any method to scrape, copy or monitor any portion of the Platform.

5. Bookings and Payment

(a) Reservations as a Service. You, as user, must place all yoga classes, workshops, trainings and any other service through the Platform within the booking period indicated on the Platform (each a “Reservation”). By booking a Reservation, you will receive the right to participate in that particular class, workshop or training. All Reservations are considered a “Service” or “Services” under this Agreement.

(b) Fees for Reservation. You acknowledge that the fees shown on the Platform for your Reservation are accurate as of the time of your Reservation, but may be updated from time to time. When the Reservation is placed, your chosen payment method will be charged.

(c) Reservation Date and Time. When you place the Reservation, you will be required to choose the date and time. You agree that your Reservation is only eligible for that date and time.

(d) Cancellation by You. If you need to cancel your Reservation, you can make these changes on the Platform prior to the date and time of your Reservation up to 7 days prior to your Reservation (the “Deadline”). If cancelled prior to the Deadline, you may reschedule to another date, time and location that is available for booking on the Platform. The Company reserves the right to decline requests for a cancellation if your request is received after the Deadline. No refunds will be issued for missed Reservations or cancellations after the Deadline. If the Company is using a third-party booking site, You are bound to that third party’s terms regarding any cancellations. The Company may not be held liable for any third-party booking site cancellations.

(e) No Refund or Discount. No Refund or Discount will be issued for:

Reservations that include a replacement instructor or class location.
No-shows by you as the Client.
Late arrival by you as the Client that results in a partial Reservation.
Cancellations made after the Deadline.

Cancellations for Reservations made through a third-party booking site.

Service cancellations due to Your breach of this Agreement, including your obligations regarding posting User Content.

6. User Account

(a) User Account on Platform. You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify the Company immediately. The Company will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by the Company or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by the Company, or if you have been previously banned from use of the Services.

(b) Social Media. The Company may maintain social media pages for the benefit of the Company community. By posting, commenting, or otherwise interacting with these pages, you agree to abide by the guidelines set out on the Platform for social media use.

7. Intellectual Property Ownership and User Content.

(a) Intellectual Property Owned by the Company. The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Technology and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Technology or the Services, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Technology and Services are trademarks of the Company or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Technology or the Services.

(b) User Content. The Company may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You hereby grant the Company a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sub-licenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with the Company’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant the Company a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to the Company herein shall survive termination of the Services or your account. The Company reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason. You agree that the Company may monitor and/or delete your User Content (but does not assume the obligation) for any reason in the Company’s sole discretion. The Company may also access, read, preserve, and disclose any information as the Company reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of the Company, its users and the public.

(c) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to the Company through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that the Company has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to the Company a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.

(d) Ratings and Reviews. To the extent that you are able to leave ratings, reviews and social media comments (“Ratings and Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by the Company and do not represent the views of the Company or its affiliates. The Company shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on first-hand experience with a Reservation, and (ii) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews, demonstrates malice toward the Company, is untrue or otherwise violates this Agreement, we may remove such User Content without notice. Any Rating or Review provided by you on any platform may be reused by the Company on an alternative platform without your consent.

(e) Termination of this Agreement due to User Content Non-Compliance. The Company reserves the right to terminate this Agreement and any existing or future Services you may have, in the event that any of your User Content is removed by the Company. The Company will in no manner be held liable for any loss incurred by you or a third party, by virtue of a cancellation of Services due to your non-compliant User Content. For example, the Company may remove malicious User Content at its sole discretion, and terminate this Agreement and any Services. By posting non-compliant User Content, you agree to immediately forfeit any Services you have paid for.

8. Communications and Use of Platform.

(a) Acceptance of Communications. By creating an account or making a Reservation, you electronically agree to accept and receive communications from the Company or third-party booking sites by text message and email. You also agree that the Company may contact you in the future by email, phone call and push notifications to the cellular telephone number you provided to the Company. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of the Company or third-party booking sites, including booked Reservations. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the Settings in your account. You may also opt-out of receiving text messages from the Company by replying “STOP” from the mobile device receiving the messages.

(b) Consent to use Platform. By creating an account, you also consent to the use of an electronic record to document this Agreement. You may withdraw your consent to the use of the electronic record by notifying the Company on the Platform.

9. Dispute Resolution.

(a) Arbitration. The Parties agree to the following dispute resolution procedure:

(i) Once a dispute arises, Parties will first negotiate in good faith for a period of 30 days.

(ii) If a resolution is not reached within 30 days, the Parties agree to follow provincial arbitration law and use ADRIC’s (ADR Institute of Canada) Simplified Resolution Procedure to resolve the dispute.

(iii) In accordance with the Simplified Arbitration Procedure, the Parties will appoint one arbitrator who will preside over the dispute.

(iv) Any decision by the arbitrator will be final and binding upon the Parties.

(v) the Parties will each be responsible for their own costs of the arbitration, and will equally split the costs of obtaining the arbitrator.

(vi) Notwithstanding this dispute procedure, the Parties acknowledge the right to opt out of arbitration and bring a dispute before a court of competent jurisdiction within Calgary, Alberta.

(b) Independent Contractor Agreement Prevails for Independent Contractors. Notwithstanding anything to the contrary in this Agreement, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and the Company relating to your work as an employee or independent contractor, including without limitation, any independent contractor agreement governing your services as a contractor.

10. Third-Party Interactions

(a) Third-Party Websites, Applications and Advertisements. The Services may contain links to third-party websites, applications and advertisements (“Third-Party Websites & Advertisements”). These Third-Party Websites & Applications may be required for you to use the Services, such as making a Reservation. When you click on a link to a Third-Party Websites & Advertisements, the Company will not warn you that you have left the Company’s Platform or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. The Company does not control these Third-Party Websites & Advertisements, and as such, is not responsible for them. The Company does not endorse or make any warranties or representations about the Third-Party Websites & Advertisements. You are responsible for all action or inaction taken with regard to these.

11. Transactions Involving Alcohol

The Company may provide Reservations that include alcohol, such as Wine-Down Yoga. If you choose to include alcohol in your Reservation, you confirm that you are of legal age to purchase and consume alcohol in the jurisdiction of the Reservation. You understand that, upon service of alcohol, you will be required to provide valid government-issued identification proving your age. To receive the alcohol, you acknowledge that you may not be intoxicated and may be refused service if these or other alcohol legislation is not met. If you are refused alcohol service, the Company may not be held responsible and you will not be entitled to any Discount or Refund.

12. Indemnification

You agree to indemnify, release and hold harmless the Company and its officers, directors, employees, contractors, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation legal and attorneys’ fees and expenses, that may be incurred by You or an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Technology, Platform or Services; (c) your breach of this Agreement or any representation, warranty, condition or covenant in this Agreement; (d) your violation of any applicable laws, rules or regulations through or related to the use of the Technology, Platform or Services; (e) your conduct prior to, during and after a Reservation; (f) any injury, illness (including contagious illnesses), loss of property or damage you may incur in relation to a Reservation; or (g) your intoxication before, during or after a Reservation. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including legal costs on a solicitor and client costs on a full indemnity basis. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for gross negligence, fraud or wilful misconduct. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Technology, Platform, Services and Reservations.

13. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE TECHNOLOGY AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE TECHNOLOGY AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE TECHNOLOGY AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF ABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE TECHNOLOGY OR SERVICES, OR THE SERVICES, TECHNOLOGY, TEXT, GRAPHICS OR LINKS.

THE COMPANY DOES NOT WARRANT THAT THE TECHNOLOGY OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE TECHNOLOGY OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE TECHNOLOGY OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

THE COMPANY MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE SUITABILITY OF A RESERVATION FOR YOU.

YOU ARE OBLIGATED TO ASSESS WHETHER YOU ARE PHYSICALLY, EMOTIONALLY AND MENTALLY FIT TO PARTICIPATE IN ANY RESERVATION. YOU ARE OBLIGATED TO STOP ANY PHYSICAL ACTIVITY IF YOU FEEL UNWELL.

14. Internet Delays

The Technology and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in the Company’s privacy policy or as otherwise required by applicable law, the Company is not responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems.

15. Breach And Limitation of Liability

(a) Limitation of Liability. To the fullest extent permitted by applicable law, the Company’s aggregate liability shall not exceed the greater of amounts actually paid by or due from You to the Company in the six (6) month period immediately preceding the event giving rise to such claim.

(b) Disclaimer of Certain Damages. To the fullest extent permitted by applicable law the Company shall not be liable to you or anyone else for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind, including personal injury, lost profits, pain and suffering, emotional distress, economic loss, and loss of data, revenue, or use.

16. Termination

If you violate this Agreement, the Company may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.

In addition, at its sole discretion, the Company may modify or discontinue the Technology or Service, or may modify, suspend or terminate your access to the Technology or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Technology or the Service, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Technology or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

17. General Provisions

(a) Entire Agreement: This Agreement along with its schedules, the Company’s Privacy Policy, and the Company’s Waiver constitute the entire agreement and understanding between the Parties with respect to the subject matter of this Agreement and include all updates made by the Company. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and the Company relating to your work as an employee or independent contractor, including, without limitation, any agreement governing your efforts as a contractor.

(b) Amendments. The Company may modify this Agreement at any time. When the Company makes material changes to this Agreement, it will post the revised Agreement on the Company Platform and update the “Last Updated” date at the top of the Agreement. The Company will also provide you with notice of any material changes before the date the revised Agreement becomes effective. If you disagree with the revised Agreement, you must cease the use of the Technology and Services immediately. Your continued access to or use of the Platform will constitute acceptance of the revised Agreement. The Company may modify information on the Platform hyperlinked from this Agreement from time to time, and such modifications shall be effective upon posting.

(c) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.

(d) No Waiver. The failure of the Company to insist upon a strict performance of the terms of this Agreement or to exercise any option herein, shall not be construed as a waiver or relinquishment of such term or option and such term or option shall continue in full force and effect.

(e) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Technology or Services.

(f) Headings. Section headings appearing in this Agreement are for convenience only and do not in any way limit, amplify, modify, or otherwise affect the terms and provisions of this Agreement.

(g) Governing Jurisdiction and Forum. This Agreement shall be governed and interpreted with the Provincial laws of Alberta and the applicable federal laws of Canada. The Parties irrevocably attorn to the exclusive jurisdiction of the forums of the City of Calgary.

(h) Severability. If any part of this Agreement is declared unlawful, unenforceable or invalid, the remainder of this Agreement shall remain in full force and effect.

(i) Notice. Where the Company requires that you provide an e-mail address, you are responsible for providing the Company with your most current e-mail address. In the event that the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, the Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to the Company through the web form found on the Platform. Such notice shall be deemed given on the next business day after such e-mail is actually received by the Company.

(j) Electronic Communications. As a User of the Platform, You consent to receive communications from the Company in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current.

(k) Contact Us. The Company welcomes your questions or comments regarding this Agreement. Please forward any questions or concerns by the contact methods provided on the Platform.

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Privacy Policy

INTRODUCTION

Nancy Pichonsky, operating as Embrace Balance Yoga (the “Company”, “we”, “EBY”) respects your privacy and is committed to protecting it by complying with this policy.

This policy describes:

The types of information we may collect from you or that you may provide when you visit the website https://embracebalanceyoga.com/ or our social media channels (our “Website”) or connect with us through other means;
How we collect, use, disclose, and protect the personal information of our customers and website users (“you”); and
Our practices for collecting, using, maintaining, protecting, and disclosing that information.

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 our Website;
In email, text, and other electronic messages between you and EBY;
Through our social media channels;
Through mobile and desktop applications you download from EBY, which provide dedicated non-browser-based interaction between you and EBY, colloquially known as an “app”;
When you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this policy; and
Through any other means where you come into contact with EBY.

EBY will only collect, use, and disclose your personal information with your consent and for appropriate purposes.

The Website may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. If you follow a link to a third-party website or engage a third-party plugin, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.

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 EBY.

By accessing or using EBY, 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 EBY after we make changes indicates that you accept and consent to those changes, so please check the policy periodically for updates.

EBY is in Canada and the Website is offered in Canada. The Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction. You must immediately stop using the Website if use of the Website as it is offered by EBY is prohibited under your local regulations.

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, username or other similar identifier, , and any other identifier we may use to contact you (“personal information”).
Non-personal information, that does not directly or indirectly reveal your identity or directly relate to an identifiable individual, such as statistical or aggregated data. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information.
Technical information, including your login information, 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 EBY, and usage details.
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.
Sensitive Information, that includes financial, health, racial or ethnic origin information, including billing and account information that we require to provide certain services 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, surveys, or polls, or corresponding with us by phone, email, or otherwise.
User Content, when you provide information to us to publish or display on the public Website areas or transmit to other Website users or third parties (“User Content”), such User Content to be subject to EBY’s Terms of Service at https://embracebalanceyoga.com/.
Automated technologies or interactions, as you navigate through our Website, Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.
Through third party appointment booking and marketing sites, such as PunchPass, MindBody, MailerLite or similar applications.
Through third party payment sites, such as Stripe or similar applications.
Third party tracking technologies, such as Google Analytics, Facebook Pixel, and LinkedIn Pixel, which may include usage details, IP addresses, and information collected through cookies and other tracking technologies.

Information You Provide to Us

The information we collect directly from you on or through the Website or through other means may include:

Information that you provide by filling in forms, surveys or polls on EBY, whether partially or fully submitted;
Personal and other information provided to us during the registration process, subscribing to our service or products, submitting User Content, or requesting further services, complaints or inquires;
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 bookings. You may be required to provide financial information before placing an order through our Website; and
Your search queries on the Website.

Subject to the Terms of Service at https://embracebalanceyoga.com/ you may also provide information to be published or displayed (hereinafter, “submitted”) on public areas of the Website or transmitted to other users of the Website or third parties (all of which are part of User Content). Your User Content is posted on and transmitted to others at your own risk. Although we limit access to certain pages, 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 Content. Therefore, we cannot and do not guarantee that unauthorized persons will not view your User

Content.

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; and
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).

This automatic data collection also may result in automated decision-making that make significant predictions, recommendations and decisions. This may include automated emails from EBY regarding promotions and other information we believe will interest you.

The information we collect automatically is statistical information that may include 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; and
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 and any correspondence may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit EBY, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

You have the right to ask EBY how significant predictions, recommendations or decisions are made by automated decision-making and how we obtained this. If you have any questions, please contact us at the email on the Website’s Contact Us page.

THIRD PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

Some other content or applications on the Platform, including advertisements, may be served by third parties, including advertisers, ad networks and servers, content providers, guest speakers at workshops and events, application providers, booking applications and financial processors. 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 Platform. 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 online services. They may use this information to provide you with interest-based (behavioural) advertising or other targeted content. In addition to helping advertisers reach the right people for their products and services, behavioural advertising helps support our Platform so that you can enjoy free content.

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 or 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 verify the accuracy or appropriateness of any User Content for the purposes of monitoring our Website and removing content;
To notify you about changes to our Website or any products or services we offer or provide though it;
To improve our Website, products or services, marketing, or customer relationships and experiences;
To allow you to participate in interactive features, social media, or similar features on our Website;
To measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you;
Estimate the number of people accessing the Website 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;
To study and generate industry and other macroeconomic information; and
In any other way we may describe when you provide the information or for any other purpose with your consent.

We may also use your information to contact you about goods and services (our own and third parties’) that may be of interest to you, as permitted by law. If you do not want us to use your information in this way, please adjust your user preferences in your account profile or use the unsubscribe mechanism at the bottom of our e-mails. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

DISCLOSURE OF YOUR INFORMATION

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

Directly on the Website when you submit User Content;
To our subsidiaries and affiliates, and in accordance with applicable law, to a buyer or other successor in the event of a merger, or other sale or transfer of some or all of EBY’s assets;
To third parties, such as MindBody, PunchPass, Stripe, or MailerLite who contract with us in part for the provision of such information. We do not disclose data about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users.
To advertisers and advertising networks that require the information to select and serve relevant advertisements to you and others. We do not disclose data about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users;
To third parties to market their products or services to you if you have consented to/not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information;
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;
For any other purpose disclosed by us when you provide the information or 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 Service at https://embracebalanceyoga.com/, including for billing and collection purposes; or
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of EBY, our customers, or others.

CONSEQUENCES, BENEFITS AND RISKS OF YOUR CONSENT

By providing EBY with consent to collect, use, and disclose your personal information, you will benefit from:

Access to our Website and EBY’s services ;
Information from us that you request;
The ability to participate in interactive features, social media and similar features on our Website;
Exposure to advertising relevant to you;
Customization to our Website based on your preferences;
Faster searches on our Website; and
Recognition when you return to our Website.

By providing EBY with consent to collect, use, and disclose your personal information, your risks are:

Tracking of your preferences and visits to our Website; and
If you have consented to third party disclosure, disclosure of your personal information to third parties, who may serve you relevant advertising or offers of products and services; and
By virtue of the insecurity of data transmission on the internet, inadvertent disclosure of your personal information to third parties.

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.

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.
Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by emailing your request to the email on the Website’s Contact Us page.
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 used by the Company to promote our own or third parties' products or services, you can opt-out by adjusting your user preferences in your account profile or by emailing your request to the email on our Contact Us page. If we have sent you a promotional email, you may unsubscribe by clicking the unsubscribe link we have included in the email.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of several third party ad servers' and networks' cookies simultaneously by opt-out tools such as those created by Digital Advertising Alliance of Canada or Network Advertising Initiative. You can also access these 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.

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.

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.

Specifically, we are required to maintain records setting out the purposes for which your consent was obtained, how we obtained your consent, and any relevant information related to your consent. We are also required to maintain records of our data processing activities in relation to your personal information.

USERS UNDER THE AGE OF 14

EBY is not intended for children under 14 years of age. No one under age 14 may provide any information to or on the Website. We do not knowingly collect personal information from children under 14. If you are under 14, do not use or 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 username you may use. If we learn we have collected or received personal information from a child under 14 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 14, please contact us at the email on our Contact Us page.

ACCESSING AND CORRECTING YOUR PESONAL 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 the Website has the capability to provide account profiles.

If you want to otherwise review, verify, correct, or withdraw consent to the use of your personal information you may also send us an email at the email on our Contact Us page to request access to, correct, or delete any personal information that you have provided to us. 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 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 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.

If you delete your User Content from the Website, copies of your User Content 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 Content, is governed by our Terms of Service at https://embracebalanceyoga.com/.

YOUR RIGHT TO DATA MOBILITY

You have the right to data mobility. This means that you can direct us to transfer your personal information to another organization. To have us transfer your personal information, contact us at the email on our Contact Us page.

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 for us to collect, use and transfer your personal information under certain circumstances. To withdraw your consent, if applicable, contact us at the email on our Contact Us page. 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.

YOUR RIGHT TO DISPOSAL OF YOUR PERSONAL INFORMATION

You also have the right to require us to dispose of, or destroy, your personal information. The Company will dispose of the personal information in compliance with governing privacy legislation. To have us dispose of your personal information, contact us at the email on our Contact Us page. This right may be used separately or in connection to your right to withdraw consent above.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account or through a notice on the Website.

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. 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. Please contact us at the email on our Contact Us page, attention: Privacy Officer.

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