PRIVACY GUARANTEE
Last Updated: May 24, 2018
INTRODUCTION AND DEFINITIONS
The purpose of this privacy guarantee (the “Privacy Guarantee”) is to inform you, or if you are under the age of majority in your local jurisdiction, your parent or legal guardian (“user”, “you” or “your”) about the Personal Information that Omega Morphosis Corporation (“OM”, “us”, “our” or “we”) may collect from you when visiting the Site and/or using the Services (each as defined below), and how that information is used and disclosed. OM is dedicated to protecting the privacy rights of our users and endeavours to ensure that you have a choice over how your Personal Information is used. OM will manage users’ Personal Information in accordance with applicable privacy laws and any other applicable legislation.
Please note that OM is not responsible for the actions of any third parties, the content of their websites, the use of information you provide to them or any products or services they may offer. Any link to third party websites is offered solely as a convenience to you and does not constitute our sponsorship or endorsement of, or affiliation with those third parties.
If you have any questions or concerns after reading this, please email us at: privacy@omegamorphosis.com.
For the purposes of this Privacy Guarantee:
"Content" means any expression fixed in a tangible medium and includes, without limitation, ideas, text, comments, video, audio, images, graphics, designs, drawings, animations, logos, trademarks, copyrights, information, data, software, scripts, plans, goals, tasks, activities, badges, ranks and data, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the Site and/or Services.
"OM Content" means all Content that is not User Generated Content.
"Services" means all services accessed through the Site;
"Site" means www.omegamorphosis.com its subdomains and/or OM's mobile applications;
"User Generated Content" or "UGC" means any material whatsoever that a user, including you, submits, creates, transfers or otherwise makes available by access to the Site or through the Services, including but not limited to messages, information, images, data, video, audio or other Content posted in any public or private area within the Site or through the Services.
ACCEPTANCE OF TERMS AND REVISIONS
By accessing the Site, submitting Personal Information to us (regardless of whether you register an account with us) or downloading, installing or using any of the Content or Services, you acknowledge the notices in this Policy and you consent to our collection, use and disclosure of your Personal Information in accordance with this Privacy Guarantee. You may withdraw your consent at any time by giving OM reasonable notice, but consent may not be withdrawn where doing so would frustrate performance of a legal obligation. If you do not accept this Privacy Guarantee you must not submit Personal Information to us, register an account with us, access the Site or download, or install or use any of the Content or Services.
We reserve the right to revise this Privacy Guarantee at any time. We will give you notice of such revisions by posting the revised Privacy Guarantee at www.omegamorphosis.com/privacy-policy. It is your responsibility to ensure that you are aware of the current Privacy Guarantee when you access or use the Site and/or Services. If you continue to access or use any of the Site and/or Services after any revisions to this Privacy Guarantee are posted you will be deemed to have accepted those revisions.
TYPES OF INFORMATION WE COLLECT
There are two types of information we may collect through your access to and use of the Site and/or Services:
APPLICATION OF THIS PRIVACY GUARANTEE
This Privacy Guarantee only applies to the information that OM collects and uses, or is supplied, through the access to and use of the Site and/or Services.
The Site and/or Services may contain links to third party websites (the "Linked Sites") that are not controlled or operated by OM. The Linked Sites are maintained by third parties who may have their own privacy policies and their own terms and conditions of use. This Privacy Guarantee does not apply to any of the Linked Sites and OM is not responsible for the privacy practices, collection of Personal Information, or content of those Linked Sites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. Because we cannot control the activities of third parties, we do not accept responsibility for any use of your information by such third parties, and we do not guarantee that they will adhere to the same privacy and security practices as OM. To determine how your information will be treated when accessing or using the Linked Sites, you must read the privacy policy, if any, that applies to each of the Linked Sites.
This Privacy Guarantee forms part of and is incorporated into the Terms of Use for the Site.
COLLECTION OF INFORMATION
We may collect information (including Personal Information) as follows:
OM uses third party service providers and vendors to provide access to existing payment gateways. In order to register for a bronze, silver or gold level account, you will be redirected to the website of our third party payment services provider, currently Stripe. As part of the payment process, you will be asked to submit Personal Information to Stripe in order to process the payment transaction. This information is collected directly by the third party on behalf of OM. To learn more about Stripe’s privacy practices, please see its privacy policy at: https://stripe.com/en-CA/privacy.
You may choose not to provide certain requested information to OM. However, this may prevent you from opening an account, and restrict OM from providing you with the Services. It may also affect your ability to receive certain information from OM or affect your ability to access or use certain sections of the Site.
In some cases, OM may seek your consent for the use and disclosure of your Personal Information after it has been collected, but before it has been used or disclosed (e.g. where it wants to use your Personal Information for a purpose not previously identified to you). Personal Information will not be used or disclosed for any new purpose without first identifying the new purpose and providing notice to or obtaining the consent of the individual, as applicable, unless permitted by law.
OM will take reasonable steps to limit the amount and type of Personal Information it collects, uses and discloses.
PUBLIC INFORMATION INCLUDING USER GENERATED CONTENT
You may choose to disclose Personal Information in the course of contributing User Generated Content to us or through your use of our Site and/or Services including but not limited to our online forums, user "profiles" for public view or in similar forums on our Site. Information that you disclose in any of these forums is unencrypted, public information, may be accessed or recorded by OM, and there is no expectation of privacy or confidentiality therein.
You should be aware that any Personal Information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to make public in any of these forums.
Members will be able to adjust privacy settings in their account to control what account information (e.g. profile photo, name, interests, goals) is shared with other users and/or publicly.
Note also that in the ordinary course of Internet activity, certain information may be sent from your browser to third parties such as advertising networks and analytics companies. OM has no control over the information sent from your browser to those networks or other third parties and recommends that you ensure that your browser settings prevent the disclosure of information you would not like to share.
If you post a video, image or photo on our Site for public view you should be aware that these may be viewed, collected, copied and/or used by other users without your knowledge or consent. We are not responsible for the videos, images or photos that you choose to submit to our Site. Please see our Terms of Service at www.omegamorphosis.com/terms-and-conditions/ on this point and for other guidelines about posting content on any of our Site.
USE OF YOUR INFORMATION
We may use your information (including Personal Information) for administrative, analytical, research, optimisation, security and other purposes, including, without limitation, the following purposes:
If you provide OM with your e-mail address and "opt-in" to receiving messages from us via the e-mail address provided, you may receive electronic communications from us from time to time. These electronic communications will provide you with our contact information and a method to opt-out and unsubscribe from receiving marketing information and/or any further communications from us. You can also opt-out of receiving further communications from OM by contacting the Privacy Officer via one of the methods noted below.
By providing Personal Information through the access to, or use of, our Site and any of our Services, you acknowledge and agree that we may use the Personal Information for the purposes set out in this Privacy Guarantee and by accessing, using, or installing any of our Site and/or Services or submitting information to us you also agree that we may use the Non-Personal Information for the purposes set out in this Privacy Guarantee.
UPDATES AND PUSH NOTIFICATIONS
We may occasionally send you updates, patches and related push notifications that may be of importance to you. If you do not wish to receive updates, patches and notifications your service may be disrupted.
DISCLOSURE OF INFORMATION
OM may disclose certain Personal Information to third party service providers with whom it has contracted to provide certain services on behalf of OM. Currently, OM uses third party service providers to provide the following services related to the Site and Services: payment processing, website hosting, marketing, website design, and website programming. With the exception of our third party service providers, OM will only share your personal information outside OM with your consent, or where we use it to provide you with information and services that you request (in which case we will consider you to have given implied consent).
The third party service providers will have access to Personal Information needed to perform their functions, but are only provided the limited amount of information required to perform their services. When OM uses third party service providers, it requires the providers to protect your Personal Information in accordance with the law and with the same or more stringent security and privacy standards than OM. Any such disclosure of your Personal Information by OM to a third party service provider will be conditional upon the information being used solely for the purpose for which it has been disclosed.
Stripe is a service located outside of Canada, which means that your Personal Information may be stored, accessed or used in the United States and may be subject to the laws and access by government or regulatory organizations in that jurisdiction. If you have any questions about OM’s policies and practices with respect to service providers outside of Canada, including its collection, use, disclosure, and storage of Personal Information, you can contact the OM Privacy Officer at the contact information listed at the end of this Privacy Guarantee.
Notwithstanding the foregoing, we reserve the right to disclose information, including Personal Information, where authorized or required by law. For example, if we reasonably believe that we are required to do so by law or legal process or if we are otherwise requested by any law enforcement officer or agency acting under colour of law. In addition, we reserve the right to disclose Personal Information and Non-Personal Information in order to (a) enforce the Terms of Service; (b) investigate and/or take action against unlawful activity, suspected abuse or unauthorised use of the Site and Services; (c) protect and defend the rights or property of OM; or (d) act in urgent circumstances to protect the safety or security of the public or users of the Site and Services. We may also disclose your information (including Personal Information) in connection with a corporate re-organization, a merger or amalgamation with another entity, or a sale of all or a substantial portion of our assets provided that the information disclosed continues to be used for the purposes permitted by this Privacy Guarantee by the entity acquiring the information. Because it is our moral obligation, to the extent permitted by law, we will take commercially reasonable steps to vigorously defend all users rights against encroachment by governmental authorities to access user data without proper justification and disclosure, including the use of secret warrants, warrantless searches, classified data access, and legislation and regulation that lessen the privacy of users and users' rights of control over their Personal Information. In addition, to the extent permitted by law, we will inform all users of all data collection conducted by legal authorities.
We may also share aggregate or anonymous information with third parties to solicit their involvement in producing content for OM plans. For example, OM collects information about members’ interests and goals on an aggregate basis and may share with third parties the number of members who have a certain goal, in order to encourage third parties to produce plans tailored to those goals. OM will not share Personal Information with these third parties without your consent.
PROTECTION OF YOUR INFORMATION
OM has implemented reasonable physical and technical measures to protect the information we collect or are provided with from unauthorized access and against loss, misuse or alteration in a manner appropriate to the sensitivity of the information. Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers" from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties. No method of transmission over the Internet, or method of electronic storage, is 100% secure. While we take reasonable efforts to safeguard Personal Information, we are not liable for any breach resulting from the limitations of the security of our systems or your systems.
OM STRIVES TO USE COMMERCIALLY REASONABLE EFFORTS TO PROTECT YOUR PERSONAL INFORMATION. HOWEVER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY GUARANTEE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION.
For further information on how we safeguard information we collect or are provided with, contact us via email at privacy@omegamorphosis.com.
RETENTION OF YOUR INFORMATION
The data and information that we collect will be retained in accordance with applicable privacy legislation and in accordance with OM’s document retention policies and practices.
If you have an account with OM, you have access to the User Generated Content that you have uploaded and you will be able to correct or delete that information directly. If your account has been dormant for a continuous two year period, OM will delete your account without notice to you.
If Personal Information has been used to make a decision concerning an individual, OM will keep the Personal Information for at least one year and, if necessary, a reasonably sufficient additional period to allow the individual to have access to the information after the decision has been made. Otherwise, OM will keep your Personal Information only as long as necessary for the purposes for which it was collected. We may keep certain Personal Information for a longer period for legal or business purposes, such as to comply with applicable statute of limitation periods.
ACCOUNT SECURITY
If you access our Site and/or use any of our Services, you are responsible for protecting the confidentiality of your account password and elected codes, and for restricting access to your computer, device or media system platform, and you agree to accept responsibility for all activities that occur under your account. Please notify us immediately if you detect suspected misuse of your account via email at: security@omegamorphosis.com.
ACCESS AND ACCURACY
You may request access to your Personal Information and/or make a request to correct errors or omissions in the Personal Information that is the possession and control of OM. This can be done by contacting OM in writing at the contact information noted below, with sufficient information to enable OM to identify the Personal Information being sought and/or the correction requested. When you contact OM, OM may ask for further information to confirm your identity and the nature of information being sought.
Except for employee personal information, OM may charge a reasonable fee according to the cost required to retrieve and provide access to the requested information. OM may provide an estimate of the fee in advance and in some cases, will require a deposit for all or part of the fee.
Within 30 days of the request, OM will provide you with access to the requested information. If OM is seeking an extension in order to respond to your request, it will provide you with written notice of the extension. Please note that in some cases, OM may not provide access to Personal Information that it holds about you, such as where the denial of access is authorized by law. There are also cases where OM may be legally required to refuse access to personal information, such as where disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual. If OM denies your request for access to Personal Information, it will advise you of the reason for the refusal, and will provide the name, title, and contact information of the designated person who can address the refusal.
You are responsible for ensuring that all information created through your access to and use of the Site and/or Services is accurate, reliable and complete and you acknowledge and accept that the use of such information is at your own risk. Because we can only provide accurate Services if we are in possession of your current and accurate Personal Information, it is your responsibility to keep the Personal Information that you provide to us current and accurate. You represent and warrant that all Personal Information you provide us is true and accurate and relates to you and not to any other person.
If you believe that the Personal Information maintained by OM about you is inaccurate or incomplete, you may notify us by describing in detail any inaccuracies or omissions via the contact information noted below. In appropriate circumstances, OM will amend the Personal Information in its possession and control in response to a request for correction. If the information is subject to interpretation or is an opinion, OM is not required to change the record, but will annotate the record to indicate the request.
OUR POLICY REGARDING CHILDREN
OM recognizes the privacy interest of children and we encourage parents/guardians to take an active role in their children’s use of our Site and/or Services. Children under the age of 13 may only use our Site and/or Services through the use of a sub-account (a "Sub-Account") linked to an adult's account. If a parent/guardian wishes for their child under the age of 13 to use our Site and/or Services, they may register a Sub-Account for their child through the parent/guardian's own account. Sub-Accounts may only be opened, accessed, modified or deleted through the parent/guardian's account. Upon registering a Sub-Account, parents/guardians may access, modify or delete their child's information by:
In order to register a Sub-Account, parents/guardians will be asked to provide a username for the account and to verify the age of the user of the Sub-Account. OM collects this information for the purpose of restricting that Sub-Account from accessing certain areas of the Site and information available on the Site and/or through the use of the Services.
If OM discovers, or if a parent/guardian becomes aware, that his or her child under the age of 13 has accessed the Site and/or Services on their own and without the use of a Sub-Account, or provided us with information without their consent, please contact us at privacy@omegamorphosis.com. We will delete such information from our files within a reasonable time.
If you are between the age of 13 and 18, please obtain your parents' or legal guardian's permission before accessing or using any of our Site and/or Services or providing us with any Personal Information.
In the interests of the safety and comfort of all users under the age of 18, we reserve the right, acting in our sole discretion but without any obligation, to restrict any users’ access to the data of any other user, and to restrict the access of any user to any space on the Site.
GOVERNING LAW
Those who choose to use or access the Site and/or Services from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each viewer and user shall comply with all local rules regarding online conduct and submission of acceptable materials. This Privacy Guarantee is governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction, and you accept and submit to the exclusive jurisdiction of the courts located within the Province of British Columbia, Canada.
QUESTIONS, COMMENTS, OR CONCERNS
Questions, comments or concerns regarding this Privacy Guarantee or OM’s privacy practices can be directed to OM’s Privacy Officer. Please direct any questions, comments, or concerns to the individual below who oversees OM’s compliance with privacy requirements:
Omega Morphosis Corporation
Attention: Privacy Officer
Email: privacy@omegamorphosis.com
Mailing Address: PO Box 24030, Kelowna, BC, V1Y 9H2
OM takes any complaint about its privacy practices seriously. OM will investigate all complaints. If OM finds a complaint justified, it will take the necessary steps to resolve it. The complainant will be informed of the outcome of the investigation regarding any complaint.
If your questions or concerns are not resolved to your satisfaction by OM, those concerns may be reviewed by the Office of the Information and Privacy Commissioner for British Columbia. You may contact the Information and Privacy Commissioner for British Columbia by either of the following methods:
Office of the Information and Privacy Commissioner for British Columbia
PO Box 9038 Stn. Prov. Govt.
Victoria B.C. V8W 9A4
Telephone: (250) 387-5629