Phyxable Inc. is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Phyxable Inc. may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from Sept 1, 2017.
What we collect: Collection, Use, and Disclosure of Information
"Personal Information" is personally identifiable information and can include your name, address, date of birth, phone number, e-mail address, and personal fitness details.
Personal Information is collected by the Phyxable Inc. mobile app or website when you specifically and knowingly choose to provide it by entering it into the mobile app or website . Personal information inputted into the Phyxable Inc. mobile app or website can be accessed via the Phyxable Inc. mobile app or website .
The Phyxable Inc. mobile app or website collects, holds, and uses your personal information primarily for the purpose of providing you with the services that the mobile app or website offers. These services may include providing digital journaling and well-being tracking functionality, messaging, file sharing, organizational management functionality, assistance in the provision of healthcare; actionable reports and alerts for you, as well as other authorized users such as your verified care providers and support team members (your coach, trainer, etc.). The information collected is the minimum required to fulfill the purposes. The information PHYXABLE INC. holds may include journal logs/entries, well-being information, training information, injury information, sickness information, ailment information, quality of life information, messages, files uploaded, correspondence, contact information, and analyses of other information held.
You can choose to link your account with your authorized care providers, support team members, or organizations (e.g., your healthcare provider). Your account will not be linked without you first expressly providing your consent. You can request that your account be unlinked by notifying your organization’s Phyxable Inc. administrator. Such authorized entities will be able to export select data (e.g., journal logs) out of the mobile app or website . PHYXABLE INC. has no control over the use of your Personal Information if you link your account with a care provider, support team member, or organization, and PHYXABLE INC. will not be liable for any collection, use or disclosure of your Personal Information by an authorized care provider, support team member, or organization.
We will use your email address to send you updates, reminders, and other information relating to your use of the Phyxable Inc. mobile app or website . If you indicate that you are interested in receiving information from the Phyxable Inc. mobile app or website , your Personal Information will be used to contact you or to send you materials via e-mail and other mailings. Anonymous or "non-personal" information gathered by the mobile app or website may be used for technical, research and analytical purposes. For example, your IP address may be used for analytical purposes.
The purpose of storing any Personal Information you may provide us with or that may be gathered when you visit the mobile app or website or fill out any forms within the mobile app or website, is to enable PHYXABLE INC. to maintain communication with you.
PHYXABLE INC. will seek your consent, as required by applicable privacy legislation, prior to the collection, use and disclosure of the Personal Information. Subject to legal and contractual requirements, you can refuse to consent to our collection, use or disclosure of information about you. You may also withdraw your consent to any further collection, use or disclosure of information about you at any time by giving us reasonable notice. Your Personal Information will not be used for any other purpose without your consent.
To ensure that PHYXABLE INC. efficiently provides the services you have requested from us, PHYXABLE INC. may share your Personal Information with selected business partners who are acting on our behalf as suppliers or service providers. Such business partners are provided with only such information as is necessary. Personal Information provided to business partners may be used only for the purpose stipulated and is subject to strict terms of confidentiality.
A list of what Personal Information is made available to PHYXABLE INC.’s suppliers, service providers, and subsidiaries is available upon request. Furthermore, you consent to PHYXABLE INC. releasing and making available your health information and other Personal Information to any person whom you (have) authorize(d), e.g., by granting them permissions to your information using the Phyxable Inc. app’s built-in permission granting functionality.
All Phyxable Inc. mobile app or website users are required to abide by the applicable legislation. You acknowledge and consent to this.
Security: We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
5. HEALTH DISCLAIMER
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a Phyxable Inc. instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on the Website. Phyxable Inc. is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Phyxable Inc. videos. Nothing contained in this Website and App should be construed as any form of such medical advice or diagnosis. By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in activities from Phyxable Inc., you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Phyxable Inc., or any person or entity involved with Phyxable Inc., including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
6. USE OF THE PRODUCT
In order to use the Product, the user must register using our registration page located within the mobile app or website. You understand and agree that an employer of your organization may register You for a user account. Upon registration, the Account Manager may setup additional accounts on the registered account for
Registration Information: You agree and understand that You are responsible for maintaining the confidentiality of your password, which, together with your name and e-mail address (“User ID”), allows You to access the Product. The User ID and password, together with any other contact information You provide us at the time of signing up for the Product form your “Registration Information.” You agree that all Registration Information provided to us will be accurate and up-to-date. You agree to keep your password secure. We will not be liable if we are unable to retrieve or reset a lost password. If You become aware of any unauthorized use of your password or account, You agree to notify us via e-mail at email@example.com] as soon as possible.
Permitted Uses: You agree to use the Product only for purposes that are permitted, both by the Terms and by any applicable law, regulation, or generally accepted practices or guidelines, in relevant local, national, and international jurisdictions. You agree to adhere to any applicable privacy of personal information laws and regulations.
Unauthorized Access: You agree to only access (or try to access) and use the Product through interfaces provided by us. You shall not access (or try to access) and use the Product through any automated means, including, but not limited to, scrapers, scripts, robots, or web crawlers. You agree not to use or attempt to use another User’s account. You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your personal information, or your affiliations with any person or entity.
Prohibited Uses: You may use our Website, services, and products only for lawful purposes. You may not use our Website, services, or products in any manner that:
a) breaches any applicable local, national or international law or regulation;
b) may in any way be considered harassment to another person or entity;
c) may in any way, is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
d) may in any way damage, disable, overburden, and/or impair the the Product server, or any network connected to the Product server, and/or interfere with any other party’s use or enjoyment of the Product;
e) is in any way abusive, defamatory, misleading, fraudulent, pornographic or otherwise explicit in nature or written in bad faith;
f) harms or attempts to harm minors in any way;
g) will reproduce, duplicate, copy, sell, resell or exploit any portion of the Product; or
h) will abuse either verbally, physically, written or other abuse (including threats of abuse or retribution) of any Product customers, employees, members, or officers;
and any of the foregoing will result in immediate account termination.
You represent and warrant that You will not use the Product to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment. Nor will You post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You further represent and warrant that You will not disrupt the functioning of the Website, in any manner.
Moderation: You understand and agree that although Phyxable Inc. is not required to moderate your use of the Product, it may in its sole judgment review and delete any content in whole or in part, for any reason whatsoever, which without limitation, violate these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
User Responsibility: You agree that You are solely responsible for any breach of your obligations under the Terms and for the consequences of any such breach. We have no responsibility to you or to any third party for such breaches or the consequences of such breaches (including losses or damage that we may incur).
You understand that when using the Product, You may come across material that You find objectionable, offensive or indecent and agree that You are using the Product at your own risk.
7. THIRD PARTY LINKS
The Product may link to third-party websites or resources. Such links are provided as a convenience to You only and do not imply an endorsement, warranty or guarantee by us of any such linked Website or the company it purports to represent. We do not assume any responsibility or liability for their availability, accuracy, the related content, products or services. You are solely responsible for use of any such websites or resources and compliance with their policies. Should You elect to enter into a binding contract with any such website, You agree to hold us harmless and hereby release us from any liability whatsoever, whether arising out of contract, tort or otherwise, for any liability, claim, injury, loss or damage suffered as a result of your actions or the actions of any user associated with your account, offering to accept or having accepted any products or services that are available from those sites.
8. INTELLECTUAL PROPERTY AND RIGHTS
Rights to content provided by us: You acknowledge and understand that we own all right, title and interest in: (a) the Product and any associated data files; and (b) all computer software; advertisements; sponsored content; and intellectual property associated with the Product (all such information, individually and collectively, being the “Product Content”), which You may have access to when using the Product.
Except as set forth in the Agreement, all rights not expressly granted to You are reserved. You agree not to decipher, decompile, disassemble, reconstruct, translate, reverse engineer, or discover any of the intellectual property or ideas, algorithms, file formats, programming, or interoperability interfaces underlying the Product. You may not modify, rent, lease, loan, sell, distribute or create any derivative products or services (or parts of services products or services) based on the Product Content that You do not own or to which You have rights, or to create derivative works based on the Product. You may not infringe upon our intellectual property or adapt, reproduce, publish or distribute copies of any information or material found on the Product in any form (including by e-mail or other electronic means), without our prior written consent.
You are not required to provide Phyxable Inc. with any comments, suggestions, recommendations, requests or any other feedback (“Feedback”). In the event that you do provide Phyxable Inc. with Feedback, Phyxable Inc. may use such feedback to improve the Product or for any other purpose. Furthermore, Phyxable Inc. shall own such Feedback and Phyxable Inc. and its affiliates, licensees, clients, partners, third-party providers and other authorized entitled may use, license, distribute, reproduce and commercialize the Feedback, and You hereby assign, irrevocably, exclusively and on a royalty-free basis, all such Feedback to Phyxable Inc..
Rights to content provided by you: Phyxable Inc. does not retain any right, title and interest to the information provided, inputted or uploaded to the Product (“User Data”). You understand and agree that the ownership of User Data shall be decided amongst yourself and your employer, if applicable, and that your User Data may be available to your employer even after the termination of your account with the Product. You agree that You will defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, agents and representatives, from and against any and all claims, damages, judgments, liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to the ownership of User Data.
You also understand that in order for us to operate the Product, User Data may be transmitted by You or us over various public networks and in various media in compliance with our security protocols and we may make changes to User Data to meet the technological requirements of such networks and media. You are responsible for ensuring that User Data is protected and your rights in User Data are enforced; we have no responsibility to protect or enforce your rights on your behalf with respect to User Data.
At any time and up to 90 days after your termination with Phyxable Inc., You may request a copy of all of your User Data from the Product (“Data Dump”). You understand and agree that after the expiration of 90 days after your termination with Phyxable Inc., your User Data will be permanently deleted and You will no longer have access to such Data Dump.
The Product provided as-is: The Product is provided “as-is” without warranties of any kind, either expressed or implied. You acknowledge, agree and understand that You use the Product at your own risk. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Product.
Downtime: The Product may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications between You and the Product.
No endorsement as to accuracy: We accept no responsibility for the accuracy of any User Data provided by or created using the Product except as otherwise set out in these Terms. The provision or storage of User Data through the Product does not constitute our endorsement or warranty as to the compliance of such User Data with applicable privacy legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such User Data. You are responsible for ensuring that that the information you have entered into our system is accurate, reliable and complete.
Ratings and reviews: We accept no responsibility or liability for any ratings or reviews of an employee posted to the Product, or any consequences as a result of the ratings or reviews of an employee, including but not limited to termination of an employee. Ratings and reviews posted to the Product DO NOT reflect our views.
Monitoring: We do not accept any liability for monitoring the Website or for unauthorized or unlawful content on the Website or use of the Website by users.
No warranty as to non-infringement: Except in the manner provided for in these Terms, we disclaim, and expressly do not provide any direct or indirect, express or implied representation or warranty as to title and non-infringement of intellectual property in relation to the Product.
Damage to hardware: Any material downloaded or otherwise obtained through the use of our services and products is done at your own discretion and risk, and You will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
Content provided to companies: If You are an individual providing User Data that is to be directed to your organization’s account, You agree and acknowledge that we accept no responsibility and are not liable for any damages that may arise by the organization’s use of that User Data. You further agree and acknowledge that we are not liable for any damages that may arise if the User Data is misdirected to the wrong organization due to any reason, including error on your part or a flaw in the Product.
10. DATA RETENTION
The Product may store your data as long as your account is current and active and for 250 days after our relationship with you has been terminated.
On a regular basis we create a backup of all data in our system, which is retained for 90 days, after which it will be removed permanently from all our systems. This backup is for use by Phyxable Inc. only in the case of disaster recovery or to maintain business operations in the case of an emergency. Phyxable Inc. will not restore data unless it determines, in its sole discretion that a data recovery is necessary.
11. LIMITATION OF LIABILITY
You hereby agree to release, remise and forever discharge us and our directors, employees, officers, and our affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, losses, costs, claims, complaints, demands, debts, damages, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, and for any special, indirect or consequential, incidental or exemplary damages (collectively, a “Claim”), whether in contract or tort, whether known or unknown, which now or hereafter arise from, to the maximum extent allowed by law, that relate to, or are connected with:
a) any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use data, bodily injury, or other intangible losses;
b) your provision of any personal information provided to us subject to our legal requirements relating to the protection of personal information;
c) communications received to you through your access to the Product;
d) the posting of information on the Product, Website, blog, account or any affiliated social media, including but not limited to, User data, Cards, written reviews, pictures, or personal information;
e) the use of the Product and any related applications including third party services;
f) the use of any software related to the Product;
g) viruses, spyware, service provider failures or internet access interruptions;
h) loss of use, loss of data, inaccuracy of data, payment failure, payment defect, inaccurate calculations, downtime, identity theft, fraud or unauthorized access; or
i) any content relating to the use of the Product,
even if you have been advised of the possibility of such Claim, or such Claim was reasonably foreseeable and notwithstanding the sufficiency or insufficiency of any remedy provided for herein or in any license.
In the event that we become liable for any damages whatsoever, you agree that such damages shall be limited in the aggregate to the amount of fees or charges which You have paid for the Product in the previous invoice.
To the extent permitted by applicable laws, You agree that You will defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, agents and representatives, from and against any and all damages, judgments, liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to: (a) generally, your breach of these Terms; your access to and/or use of the Product; and any loss of, or damage to, any property, or injury to, or death of, any person (including you) caused by your access to and/or use of the Product; and (b) specifically, your breach of the intellectual property rights of any third party to these Terms.
You agree that You will be solely responsible for all activities that occur under your account, whether You are aware of them or not. You agree to hold us harmless and release us from any loss or liability whatsoever that You may incur as a result of someone other than You using your password or account, either with or without your knowledge. You agree to indemnify us for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not You were directly or personally responsible.
13. GOVERNING LAW AND FORUM OF DISPUTES
By visiting the Website or using the Product, You agree that the laws of the province of Ontario, Canada, without regard to the principles of conflict of laws, will govern these Terms and any dispute of any sort that may arise between You and us. With respect to any disputes or claims, You agree not to commence or prosecute any action in connection therewith other than in the province of Ontario, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the provincial courts of Ontario, Canada]. You agree to pay reasonable attorneys' fees and court costs incurred by us to collect any unpaid amounts owed by You.
Expenses: Each party shall be responsible for its own legal fees and other expenses incurred in connection with the performance of any of its obligations hereunder.
14. FORCE MAJEURE
You agree that we are not liable for a delay or failure in performance of the Product or the provisions of these Terms caused by reason of any occurrence of unforeseen events beyond our reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.
The insertions of headings are for convenient reference only and are not to affect the interpretation of these Terms.
17. ASSIGNMENT OF AGREEMENT
You may not, without our prior written consent, assign the Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so will be a material default of the Agreement and will be void. We may assign this Agreement to a third party at any time in our sole discretion. The Agreement will be binding upon and will inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs and assigns.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms or which we have the benefit of under any applicable law, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. Waivers must be in written form and signed by an authorized representative of the Company.
19. SURVIVAL OF AGREEMENT
All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of these Terms and the termination of our relationship.
20. ENTIRE AGREEMENT
By providing us with your e-mail address, You agree to receive all required notices electronically, to that e-mail address or by mobile notifications via the Product. It is your responsibility to update or change that address, as appropriate.