Privacy Policy

Last Updated: March 16, 2016

This Privacy Policy explains how information about you is collected, used and disclosed by Elements Massage Franchise Canada Ltd., a British Columbia corporation, and its subsidiaries and affiliated companies (“EMFC”, “we” or “us”).

This Privacy Policy applies to information we collect when you use our website (the “Services”) or when you otherwise interact with us. Please note that your visit to our website is subject to this Privacy Policy and our Terms of Use. If you do not agree with the terms and conditions of this Privacy Policy, you must immediately stop accessing the Services.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Services to stay informed about our information practices and the ways you can help protect your privacy.

MESSAGE TO PARENTS AND CHILDREN: The Services are not to be used by persons under the age of eighteen. If minors wish to use the Services in any manner which requires them to submit their personal information, such minors must have their parent(s) or legal guardian(s) do so on their behalf. We reserve the right to confirm that consent in our sole discretion.

1. Information Collection

(a) Information You Provide to Us. We collect information you provide directly to us. For example, we collect information when you create an account (if applicable), participate in a survey, make a purchase, request customer support or otherwise communicate with us on the Services. The types of information we may collect include your name, email address, postal address, phone number, fax number, credit card information, information about your family members (such as when you schedule an appointment for a family member), and any other information you choose to provide.

Before providing any information about family members or other individuals, please ensure you have obtained their consent to provide their personal data or information to us.

(b) Information We Collect Automatically When You Use the Services. When you access or use the Services, we automatically collect information about you, including:

• Log Information: We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, general location information (e.g., city, county, and/or state), and the page you visited before navigating to our Services.
• Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
• Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that help us to improve our Services and your experience, see which areas and features of our Services are popular and count visits. We may also collect information using web beacons (also known as "tracking pixels"). Web beacons are electronic images or other computer codes that may be used in our Services or emails and help deliver cookies, count visits, understand usage and the effectiveness of our communications and determine whether an email has been opened and acted upon. For more information about cookies, and how to disable them, please see “Preferences” below.

(c) Information We Collect From Other Sources. We may also obtain information from other sources, including but not limited to marketing and other promotional partners, and combine that with information we collect through our Services. Likewise, we may also obtain such personally identifiable and non-personally identifiable information based upon the content you click on or have been shown by third-party social media sites, plug-ins, and applications. For example, we may collect information about you from third parties, including but not limited to identity verification services, credit bureaus, mailing list providers and publicly available sources, and if you access the Services or one of EMFC’s social media pages through a social media site, we will have access to certain information from that social media site, such as your name, photo, gender, birthday, location, interests, account information and friends lists, in accordance with the authorization procedures determined by such social media site and its privacy policy(ies) governing the use of your information. We may also receive information from Franchise Owners (as defined below) for various purposes, including but not limited to providing, maintaining, and improving our Services and the Elements Massage™ franchise system.

We cannot be responsible for the privacy policies, terms of use, security & data protection measures, or other policies of any third parties or other websites, even if you accessed the third party website using links from our Services or you linked to our Services from a third party website. We recommend that you review the policies of any sites you visit and contact the owner or operator of such website if you have any concerns or questions about their policies or practices.

(d) Information Collected by Franchise Owners. EMFC is the franchisor of the Elements Massage™ franchise system in Canada in which Elements Massage™ franchise studios (“Studios”) are each independently owned and operated by Elements Massage™ franchise owners (“Franchise Owners”). EMFC does not have any agency, partnership, employment, or joint venture relationship with any Franchise Owners. Franchise Owners may use third-party social media plug-ins, applications, and other content on webpages for their respective Studios (“Franchise Owner Content”) which may obtain and use your information and may have different privacy policies governing the use of your information. By accessing or using Studios’ specific webpages on the Services, you acknowledge that we do not control or bear any responsibility for the privacy policies, terms of use, security & data protection measures, or other policies of Franchise Owners or any third parties associated with Studios’ specific webpages on the Services.

2. Use of Information. We may use information about you for various purposes, including to:

• Provide, maintain and improve our Services;
• Provide and deliver the products and services you request, process transactions and send you related information, including confirmations and invoices;
• Respond to your comments, questions and requests and provide customer service;
• Communicate with you about products, services, offers, promotions, rewards, and events offered by EMFC and others, and provide news and information we think will be of interest to you;
• Monitor and analyze trends, usage and activities in connection with our Services;
• Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
• Process and deliver contest, sweepstakes, and other promotional entries and rewards;
• Link or combine with information we get from others to help understand your needs and provide you with better service; and
• Carry out any other purpose for which the information was collected.

3. Processing & Transferring of Information.

EMFC, whose registered office is at Vancouver, British Columbia, its affiliated companies, and its vendors receive the personal data (or portions thereof) collected on the Services.

As part of the products or services offered to you through the Services, the information you provide to us will be transferred to servers and service providers located in the United States.

By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the United States and other countries, which may not have similar data protection laws to Canada.

4. Sharing of Information. We may share information about you as follows or as otherwise described in this Privacy Policy:

• With affiliated companies located in the United States;
• With Franchise Owners, area directors, our shareholders, creditors, investors, board of directors, employees, agents and representatives working on our behalf;
• With vendors, consultants and other service providers who need access to such information to carry out work on our behalf, including but not limited to credit card processing and order fulfillment if you choose to purchase products or services through the Services;
• Subject to applicable law, with marketing partners or other direct marketers, so they can send you notices about their products or services;
• In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
• If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of EMFC or others;
• In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and
• With your consent or at your direction, including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information.

We may also share aggregated or de-identified information with service providers, which cannot reasonably be used to identify you.

5. Security. EMFC takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Because no data transmission over the Internet is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of the information you send to us or the security of our servers or databases, and by using the Services, you agree to assume all risk in connection with the information sent to us or collected by us when you use the Services.

6. Preferences.

(a) Account Information. If at any time the Services offer any online accounts, e-mail communications, chat rooms, newsgroups, or forums, we may collect the information which you disclose. Such information will be used in accordance with this Privacy Policy.

(b) Cookies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability or functionality of our Services.

(c) Promotional Communications. Franchise Owners may conduct their own promotional email and other communications; please consult their communications’ terms for information on unsubscribing or otherwise declining future communications.

7. Access.

If you would like to review or change the details you have supplied us with, or if you have any questions about this Privacy Policy, please contact us as set out below.

Elements Massage Franchise Canada Ltd.

Attn: Legal Department

9092 S. Ridgeline Blvd., Suite A

Highlands Ranch, CO 80129

United States