This document is intended to fully disclose to you, the User (as defined below), how we collect, use, disclose and protect your Personal Information (as defined below). TheProgram.ai (“The Program”) respects its Users’ privacy and believes that Personal Information (as defined below) should be held to the highest standard of privacy and security. The Program has referenced both United States (Health Insurance Portability and Accountability Act) and Canadian (Personal Information Protection and Electronic Documents Act) privacy legislation in developing this Privacy Notice. Unless the purpose is obvious from the context, we will ask for your consent before using Personal Information for a purpose other than those that are set out in this Privacy Notice.

All of your questions should be answered in this Privacy Notice, but if you have any questions please contact our Privacy Officer, whose contact details are below in Section 12. This Privacy Notice is applicable to the Users of The Program Application Platform (“Platform”) and Mobile App (“App”), The Program athlete management system available through the Website and via a downloadable application.

1.             Definitions

(a)           “Affiliate” means a Person that belongs to the The Program group of companies.

(b)           “ Anonymized Information” has the meaning set forth in Section 3.

(c)           “ API” means application programming interface.

(c)           “The Program” or “we” or “our” means TheProgram.ai and its Affiliates.

(d)           “The Program Research” means research and development based on the data obtained from its Users. These activities include, among other things, the improvement of Services, offering new Services and products and performing data analysis activities that may lead to commercialization with a third party.

(e)           “Person” means any individual, sole proprietorship, partnership, unincorporated association, unincorporated syndicate, unincorporated organization, trust, joint venture, body corporate, a government or any department or agency thereof, and a natural person.

(f)           “Personal Information” about an identified or identifiable individual, where that information can be used to identify a natural person, either alone or in combination with other reasonably available information. The Program collects the following types of Personal Information:

(i)           “Registration Information” is Personal Information about a User that is provided when a User is purchasing, and/or registering for, or someone has registered on their behalf for, the Services.

(ii)           “Self-Reported Information” is Personal Information, whether entered by the User or someone acting on behalf of the User, about a User, that includes, but is not limited to, medical conditions, injuries, rehabilitation programs, sports-related information, ethnicity, family history and other information that a User voluntarily enters into surveys, forms, features or through API’s while using the Services.

(iii)          “Generated Information” is Personal Information about a User that is Generated by the Services.

(iv)           “Web Behaviour Information” is Personal Information about the Services you use and how you use them, which is collected through, among other things, log files, pixel-tracking, cookies and web beacon technology.

(g)           “User” or “you” means a Person, or an individual or organization designated to act on behalf of the User, that is a user of the Services (including, without limitation, an entity or organization and its employees, or a team and its members), as accessed with an account or without one.

(h)           “Services” means any and all of The Program’s existing or future services, products, websites and applications as accessed and used by a User with an account or without one.

(i)             “Service Agreement” means the applicable agreements that generally govern your use of the Services, and include the Software Licence and Hosting Services Agreement and the The Program Platform Terms of Use and Acceptable Use Policy between User (or User’s organization, as applicable) and The Program.

 

 

2.             How Personal Information is Used

General:

The Program uses Personal Information to provide the Services and to operate User accounts. We also use Personal Information to maintain and improve the Services, offer new products, inform Users about events, send invitations to research projects, obtain testimonials for promotional purposes, perform quality control procedures and conduct The Program Research. The Program may acquire information, including Personal Information, from third parties and will use such information to operate, maintain and improve the Services and enhance the User experience.

Registration Information:

Registration Information is used to facilitate a User’s purchase of the Services, inform Users about the analysis of their Generated Information, provide Users with customer service, manage the Services and verify a Users’ use and visits to The Program’s websites and applications.

Self-Reported Information:

Self-Reported Information is used as data inputs to produce more meaningful Generated Information.

Web Behaviour Information:

Web Behaviour Information is used to understand how Users make use of the Services, for The Program Research purposes and to advertise current and future The Program products and services.

 

 

3.             Anonymized Information

While Generated Information is, in and of itself, interesting, its use and value increases when such information is compared to the Generated Information from other Users and information from other people. The Program is building on knowledge derived in this way and we intend to participate in building even more knowledge. Users take advantage of, and also participate in, this knowledge-building exercise.

We may use, combine (with other data, including data from third party sources), reproduce, publicize, license, distribute, sell, commercialize and disclose to third parties “Anonymized Information”, which is de-identified information that has been derived from a User’s Personal Information, or aggregated with the data of other Persons (including data from other Users and third party sources) to minimize the exposure of individual information while still being useful. The Program de-identifies Aggregated Anonymized Information by removing any personally identifiable information that is directly related to a particular User (such as name, address and email). We also take reasonable measures to ensure that such information is non-identifiable, meaning that it would not be reasonably foreseeable that the information could be utilized, either alone or with other information readily available, to identify a Person or to connect a Person to any particular data, and make efforts to disclose only the minimum amount of Anonymized Information necessary for the particular purposes. Finally, The Program will use contractual means to protect the privacy and security of Anonymized Information when working with third parties.

Other than having the benefit of anticipated improvements to the Services, you will not receive any direct financial or other benefit from our use of Anonymized Information as described in this Section 3, including, without limitation, our sale of Anonymized Information data sets to third parties, and as determined from time to time, other monetization activities.

 

 4.            Information Disclosure

Subject to Section 5, The Program will never disclose your Personal Information to a third party without requesting and receiving explicit consent from you to do so. If we are legally required to disclose your Personal Information (as described in Section 5), we will make reasonable efforts to notify you of such requirement to disclose, unless we are legally prohibited from doing so.

 

 

5             Information Disclosure as Required by Law

In some cases, The Program may share your Personal Information with third parties without your consent if we have a good-faith belief that the access, use, preservation or disclosure of the Personal Information is reasonably necessary to:

• meet any applicable law, regulation, legal process or enforceable government demand;
• enforce the applicable Service Agreement, including investigation of potential violations;
• detect, prevent, or otherwise address fraud, security or technical issues; and
• protect against harm to the rights, property or safety of The Program, our Users or the public as required or permitted by law.

 

6.             Your Choices

A User’s provision of Personal Information, other than Registration Information, is entirely under the User’s control, completely voluntary and based only on the permission you give.

 

 

7.             Security

The Program is committed to keep the trust you place in us. The Program uses various physical, technical and administrative measures to safeguard your Personal Information. These measures are intended to protect against the loss, misuse or alteration of Personal Information under our control; however, The Program cannot guarantee that our security measures will prevent parties (such as “hackers” or other bad actors) from illegally obtaining or misusing Personal Information.

Protecting Personal Information is also the User’s responsibility. Users should utilize strong passwords  and keep their passwords and any other authentication information that they use to access and use the Services secure. Users should not share their authentication information with any third parties and should inform The Program immediately of any prohibited use of their password or account. The Program cannot keep confidential the Personal Information that a User releases or that The Program releases pursuant to a User’s consent to do so.

 

 

8.             Business Transitions

If The Program is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any Personal Information (pursuant to this Privacy Notice) and give affected Users notice if any Personal Information has been transferred or becomes subject to a different privacy notice.

 

 

9.             Privacy Notice Changes

This Privacy Notice was updated on September 30, 2022. Our Privacy Notice may change from time to time. When any significant change is made to the Privacy Notice, a notice will be posted as part of this Privacy Notice and it will be placed on the The Program website for 30 days. After 30 days, the changes will become effective.

If you continue to use the Services after the effective date of the change to this Privacy Notice, you will be deemed to have agreed to the amended Privacy Notice. If you do not agree to the amended Privacy Notice, you have the option of closing your The Program account pursuant to Section 10.

 

 

10.          Closing an Account and Correcting Personal Information

If there are any changes or corrections to your Personal Information, you can correct or update this information by accessing your Settings page.

If you no longer wish to use our Services, you may close your account with The Program by sending a written request to your Client Success Manager. No earlier than 7 days, and no later than 30 days of the receipt of this account closure request, all Personal Information will be deleted from you account and no one will be able to access it. Data will continue to reside in encrypted backups for an additional 35 days after a deletion (ie. data will be retained for no longer than 65 days total). We cannot delete Personal Information that has been shared with third party collaborators (subject to Section 4) before the applicable User account is closed.

The Program may retain User Anonymized Information. Additionally, The Program may need to retain Registration Information for accounting and record-keeping purposes, or Auditing Information in compliance with regional regulations.

 

 

11.          How to File a Complaint

We regularly review our compliance with this Privacy Notice. When we receive formal written complaints, we will contact the Person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our Users directly.

You have the right to file a complaint if you do not agree with how we have used or disclosed your Personal Information. All complaints must be submitted in writing. Your Services will not be affected by any complaints you make. You may contact our Privacy Officer at any time, who will attempt to expeditiously resolve any concern or complaint you may have.

 

 

12.          How to Contact Us

Questions regarding this Summary, the Privacy Notice, or how The Program handles your Personal Information can be emailed to our Privacy Officer info@theprogram.ai, or delivered via post to the attention of  Brendon Ferguson, 1969 Upper Water St, Suite 2108, Purdy’s Wharf Tower Two, Halifax, NS, B3J 3R7, Canada.