Privacy Policy (Canada)

Last updated: May 25, 2018

This Privacy Policy applies to all who visit and use our website, www.elysiumhealth.com/ca, and online services as well as the websites and online services offered by our affiliates (collectively the “Site”).

This Privacy Policy explains how Elysium Health, Inc. and its affiliates (collectively, “Elysium Health”, “we”, “our”, or “us”) collects, uses, processes, and discloses your information in connection with the foregoing.

Privacy Policy Effective for Canada

It is Elysium Health’s policy to comply with the privacy legislation within each jurisdiction in which we operate. Sometimes the privacy legislation and / or an individual's right to privacy are different from one jurisdiction to another. This Privacy Policy covers only those activities that are subject to the provisions of Canada's federal and provincial privacy laws, as applicable.

This Privacy Policy has a limited scope and application. Consequently, the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. If you are unsure if or how this Privacy Policy applies to you, please reach out to us at [email protected] for more information.

Amendments

We reserve the right to modify this Privacy Policy at any time. If we make any material changes to our Privacy Policy, we will provide notice on this Site prior to the changes becoming effective. We encourage you to periodically review the privacy policy for any modifications. Your use and continued use of any of our service after we post any amendments or modifications to this Privacy Policy will be deemed your acceptance of this Privacy Policy and its changes. You can determine when this Privacy Policy was last revised by referring to the date it was “last updated” above.

Information Collection

What Information Do We Collect?

General: When you visit and interact with our Site (including when you make a purchase through our Site), we may collect some or all of the following information directly from you automatically:

  • Personal Information that you voluntarily provide to us. “Personal Information” is any information about an identifiable individual, other than an individual's business contact information when collected, used or disclosed for the purposes of enabling the individual to be contacted in relation to their business responsibilities. It includes such things as date of birth, and purchase and ordering history.
  • Non-Identifying information we collect when you use the Site. “Non-Identifying Information” is information that alone cannot identify you and has not been associated with you. It includes such things as data from cookies or pixel tags, or data about the device you use to access, use, or interact with our Site, such as your IP address or the type of browser you are using.

Elysium Health may ask you to provide certain Personal Information at various times and places on the Site. In some cases, if you choose not to provide us with the requested Personal Information, you may not be able to access all of the Site or participate in all of its features.

For example, we may collect Personal Information from you when you:

  • register, subscribe, or create an account with Elysium Health;
  • purchase products from Elysium Health through our Site;
  • sign-up, open, or respond to our email offers, updates and newsletters;
  • contact customer service, or otherwise make use of our customer support tools;
  • use our referral program;
  • connect, link or “share” our Site via social networking sites;
  • provide ratings or reviews of our products and services; or
  • apply for a job at Elysium Health.

We may also collect your Personal Information:

  • as permitted or required by applicable laws or regulatory requirements;
  • for the purposes described in this Privacy Policy; and
  • for any additional purposes for which we have obtained your consent to collect, use and/or disclosure of your Personal Information.

We may also collect, use or disclose your Personal Information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

Non-Identifying Information: We may use cookies, web beacons/pixel tags, and other technology (collectively “cookies”) to automatically collect anonymous, non-identifying information about you when you visit our Site or interact with our emails.

A “cookie” is a small text file that a website’s server places on a computer’s web browser. These cookies may be delivered in a first party or third party context. For example, we may collect information about your browser type and version, operating system, user language, ISP, viewed web pages, links that are clicked, IP address, the presence or absence of “flash” plugs-ins, screen resolution, connection type, sites visited before and after visiting our Site, details about items purchased, and emails we send that you open, forward, or click through to our Site.

It is possible that one or more of our Sites that link to the Privacy Policy utilize flash cookies, otherwise known as local shared objects, to store your preferences or display personalized content based upon what you view on our Site. “Flash cookies” use technology to remember settings, preferences, and usage similar to browser cookies but these are managed through a different interface than your browser and are not disabled from your normal browser settings. Cookie management tools provided by your browser will not remove Flash cookies. Please see the last section under Cookies and Tracking for information on how to disable Flash cookies.

We may collect such Non-Identifying Information to:

  • Better understand how you use and interact with our Site;
  • Give you a more personal and optimized online experience by tracking your preferences;
  • Improve our Site and services;
  • Fulfill contracts with our business partners;
  • Help confirm receipt of and response to our emails; and
  • Provide more effective customer service.

We also use this Non-Identifying Information for the same purpose as your Personal Information set out below.

We may tie your Non-Identifying Information to your Personal Information. You can choose NOT to provide us with this Non-Identifying Information by disabling cookies according to the section under Cookies and Tracking, but please be aware that certain portions of the Site may not be available to you.

Information Use

How Do We Use Your Information?

General Use: We use the Personal Information and Non-Identifying Information we collect for various purposes, including to:

  • Operate, maintain and improve the Site, our services, and our products;
  • Establish an online Elysium Health account for you;
  • To process online purchase orders and keep you informed about the status of your order;
  • Provide customer service (for example, answering your questions or responding to a request);
  • Communicate and provide additional information that may be of interest to you about Elysium Health and our third party partners (including updates and reminders to new research, future products, and special opportunities), administrative messages, and requested information;
  • Identify your preferences so we can notify you of new or additional products, services, and promotions that might be of interest to you;
  • Validate your ability to access and/or use certain products or services that may only be intended for individuals meeting certain eligibility requirements or criteria, such as health care professionals;
  • Perform analytics and conduct customer research;
  • Allow you to interact with certain third party content service providers (for example, to enable you to link to, or view content from, third party sites within our Site, or view our content on a third party site);
  • Administer online surveys or special offers from us or through our third party business partners;
  • Enhance other information we have about you to help us better understand you and determine your interests;
  • Ensure network and information security;
  • Determine whether you are a suitable candidate for any open jobs at Elysium Health;
  • Manage our everyday business needs, such as administration of the Site, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Services;
  • Comply with applicable law and regulation; and
  • Any additional purposes for which we have obtained your consent to the use or disclosure of your Personal Information.

We also may use information collected as described in this Privacy Policy with your consent or as otherwise required or permitted by law.

Resume Submission: Elysium Health may post available jobs on the Site and allows you to submit your resume to us. Elysium Health may ask for your name, street address, phone number, e-mail address, position applied for, education, work experience, skills, etc. (“Personal Recruitment Information”). The Personal Recruitment Information and the resume you submit will be used by Elysium Health to determine whether you would be a good candidate for the requested job. The Personal Recruitment Information may be saved in our files in case you would be a good candidate for a future job. Please let us know if you do not wish to be considered for any such jobs. The Personal Recruitment Information will be shared on a need-to-know basis, and will not be given to any third parties other than our service providers who process information on our behalf.

Social Networking: Certain social media features available on our Site may be hosted by third party sites. For example, some social networking services allow you to share products and services from our Site via your social networking profile. Our Site also allows you to apply for available jobs at Elysium Health through your LinkedIn account. If you choose to make use of third party social media services (such as Facebook, Twitter, or LinkedIn), we may receive Personal Information about you, such as your name and email address that you have made available through those services. We encourage you to visit those third party social networking services’ privacy policies and review your privacy settings directly on those services. Any information we receive through third party social media services may be used as described in this policy.

Disclosure of Information

Under Which Circumstances May Your Personal Information and the Non-Identifying Information Be Shared?

We may share your Personal Information with our employees, contractors, consultants, affiliates and other parties who require such information to assist us with managing our relationship with you, including: (i) third parties that provide services to us; (ii) third parties that assist Elysium Health in the provision of services to you; and (iii) third parties whose services we use to conduct our business. For example, we may share your Personal Information with our vendors who provide services for us on our behalf, including without limitation processing and fulfilling orders, data analytics and storage, assistance with direct marketing and advertising and distribution of emails and other communications, fraud prevention services, delivery and logistics, Site improvement and operation, and to accomplish the other purposes for collection described above.

As a result, your Personal Information may be collected, used, processed, stored or disclosed in the United States and Canada. Accordingly, your Personal Information may potentially be accessible to law enforcement and national security authorities of those jurisdiction.

In addition, Personal Information may be disclosed or transferred to another party during the course of the grant of a security interest in Elysium Health’s assets, or completion of, all or a part of Elysium Health through, for example, an asset or share sale, or some other form of business combination, merger or joint venture, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your Personal Information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.

We may share your Personal Information as follows:

  • With any Elysium Health affiliate, which may only use your Personal Information for the purposes described in this Privacy Policy;
  • To comply with legal orders and government requests, or as needed to support auditing, compliance, and corporate governance functions;
  • To combat fraud or criminal activity, and to protect our rights or those of our affiliates, users, and business partners, or as part of legal proceedings affecting Elysium Health;
  • In response to a subpoena, court order, or similar legal process, including to law enforcement agencies, regulators, and courts in Canada, the United States and other countries where we operate;
  • As permitted or required by applicable law or regulatory requirements; and
  • With your consent.

We may also disclose Non-Identifying Information:

  • For the same reasons we might share Personal Information;
  • With third party business partners for their own research and analysis; and
  • With third-party advertisers or other vendors to place our advertisements on third-party sites, to facilitate targeted content, and to analyze the effectiveness of our advertisements.

Access to your Personal Information is limited by need. Only a restricted number of Elysium Health employees, and individuals and entities with whom Elysium Health contracts to carry out business will have access to your Personal Information for the purposes described above.

We do not voluntarily provide your Personal Information to any third party for their own direct marketing purposes without your consent. Our third party advertising and web analytics partners may, however, use cookies to collect Non-Identifying Information about your visit to our Site and other sites. These advertisers and web analytics service providers collect Non-Identifying Information in order to, among other things, deliver ads that are targeted to your interests and to better understand the usage and visits to our Site and other websites tracked by these third parties.

This Privacy Policy does not cover the collection methods or use of the information collected by third party advertisers and web analytics service providers: Elysium Health is not responsible for cookies in third party ads. We encourage you to review the privacy policies or statements of these third party companies to learn more about their use of cookies and other similar technologies.

Your Consent is Important to Us

It is important to us that we collect, use or disclose your Personal Information where we have your consent to do so. Depending on the sensitivity of the Personal Information, your consent may be implied, deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you enter into an agreement with us, we will assume your consent to the collection, use and disclosure of your Personal Information for purposes related to the performance of that agreement and for any other purposes identified to you at the relevant time.

Typically, we will seek your consent at the time that we collect your Personal Information. In certain circumstances, your consent may be obtained after collection but prior to our use or disclosure of your Personal Information. If we plan to use or disclose your Personal Information for a purpose not previously identified (either in this Privacy Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure.

As we have described above, we may collect, use or disclose your Personal Information without your knowledge or consent where we are permitted or required to do so by applicable law, regulatory requirements, law enforcement agencies, or courts.

Choices/Opting-Out

Generally: You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our Privacy Contact using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Contact. In certain circumstances, the withdrawal of consent may render us unable to continue to provide products or services where the collection, use or disclosure of your Personal Information is necessary to provide the product or service. Notwithstanding the above, we may still send you necessary non-commercial e-mails in relation to your account, order, or transaction.

We assume that, unless you advise us otherwise, you have consented to the collection, use and disclosure of your Personal Information as explained in this Privacy Policy.

Cookies and Tracking: You can disable cookies at any time by adjusting your browser settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available.

To disable “flash cookies,” you can adjust the setting of your Flash player to block Flash cookies using the tools contained in your website storage settings panel. More information can be found on Adobe’s website.

Please be aware, however, that if you turn off cookies, you will not be able to take full advantage of all of our Site features. For example, we will not be able to recognize you as a registered user to allow you access to your account information.

Accessing and Correcting Your Personal Information

Updating Your Personal Information

It is important that the information contained in our records is both accurate and current. If your Personal Information happens to change during the course of our relationship, please keep us informed of such changes.

In some circumstances we may not agree with your request to change your Personal Information and will instead append an alternative text to the record in question.

Access to Your Personal Information

You can ask to see your Personal Information. If you want to review, verify or correct your Personal Information, please contact our Privacy Contact. Please note that any such communication must be in writing.

When requesting access to your Personal Information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the Personal Information that we hold about you. We may charge you a fee to access your Personal Information; however, we will advise you of any fee in advance. If you require assistance in preparing your request, please contact our Privacy Contact.

Your right to access the Personal Information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the Personal Information that we hold about you. In addition, the Personal Information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. In the event that we cannot provide you with access to your Personal Information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.

Other Sites

This Privacy Policy only addresses the collection, use, and disclosure of information by Elysium Health through your visit, use and interaction with the Site. However, our Site may contain links to other sites that are not owned or controlled by us, such as social networking sites, and links to retailers’ sites and e-commerce sites that sell our products or services. The Privacy Policy does not address nor do we control or have responsibility for the policies or practices of any third parties or any third-party sites to which this Site links. If you provide any information to such third parties, different rules regarding the collection, use and disclosure of your Personal Information may apply. We strongly suggest you review such third party's privacy policies before providing any data to them. These other sites may send their own cookies or clear GIFs to users, collect data or solicit Personal Information. We cannot control this collection of information. You should contact these entities directly if you have any questions about their privacy practices.

Security

Elysium Health endeavors to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the Personal Information in question. These safeguards are designed to prevent your Personal Information from loss and unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction. Still, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, Elysium Health cannot guarantee that your Personal Information is under absolute security with the existing security technology. If you have any questions about the security of our Site, or wish to report a breach of your Personal Information, please contact our Privacy Contact.

Retention Policy

Elysium Health retains your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

Inquiries or Concerns?

If you have any questions about this Privacy Policy or concerns about how we manage your Personal Information, please contact our privacy contact by telephone, in writing or by e-mail. We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you. If you are dissatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner in your jurisdiction.

Privacy Contact

We have appointed a specific employee to oversee compliance with this Privacy Policy. The contact information for our Privacy Contact is as follows:

Elysium Health
434 Broadway, 2nd Floor,
New York, NY 1001
Attn: Privacy Officer

Email: [email protected]

Interpretation of this Privacy Policy

Any interpretation associated with this Privacy Policy will be made by our Privacy Contact. This Privacy Policy includes examples but is not intended to be restricted in its application to such examples; therefore where the word "including" is used, it shall mean "including without limitation".

This Privacy Policy does not create or confer upon any individual any rights, or impose upon Elysium Health any rights or obligations outside of, or in addition to, any rights or obligations imposed by Canada's federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and Canada's federal and provincial privacy laws, as applicable, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.