Last updated:
March 15, 2023
 

PCheck Inc. ("PCheck," "Company," "we," or "us") is committed to protecting the privacy of users visiting our website at www.PCheck.ca (the "Website") and utilizing our services, including the PCheck device (the "PCheck Device") and the PCheck mobile application (collectively referred to as the "PCheck Services" and the "PCheck App"). This commitment extends to compliance with applicable privacy and personal data laws and regulations. The collective term "Services" encompasses the Website, the PCheck Device, the PCheck Services, and the PCheck App.

 

This Privacy Policy is designed to outline our practices regarding the information we may collect from you during your use of the Services, how we may use such information, and the options and rights available to you. It is important to note that this Privacy Policy should be read in conjunction with our Terms of Use (the "TOU"), which offers additional details about the Services. Capitalized terms not defined herein will carry the meaning ascribed to them in our TOU.

 

1.  

Your Consent (PLEASE READ CAREFULLY!)

 

By entering, connecting to, accessing, or using the Services (or any part thereof), you are agreeing to the terms and conditions outlined in this Privacy Policy, which include the collection and processing of your personal and health information (as defined below).

 

If you disagree with any term provided herein, you may not access and/or use the Services in any manner whatsoever.

 

IMPORTANT:

PLEASE NOTE: You are not obligated to provide us with any personal or health information. By providing such information, you acknowledge and agree that you are doing so at your own free will, for the purposes described in Section 4 below. We may use, process, and retain such personal or health information in accordance with this Privacy Policy and subject to any applicable laws and regulations.

 

1.  

 

Types of Information We May Collect from Our Users

 

PCheck may gather two types of data and information from our Users:

 

i. Personal Information: This includes details that identify an individual or, with reasonable effort, could identify an individual, either alone or when combined with other information, unless anonymized. Examples of Personal Information may encompass name, email, address, location, or date of birth. Certain technical parameters, such as IP address and UDID (Unique Device Identifier), may also be considered Personal Information.

 

ii. Non-personal Information: This category includes data that is non-identifying and doesn't reference the identity of any User. It encompasses technical data essential for the performance of our Services, such as app analytics, taps and inputs, Wi-Fi network information, operating system, mobile device type, PCheck Device technical information, browser and keyboard language, 'click-stream' and activities on the Services, as well as the duration of time the Services were used and related timestamps. For the purposes of this Privacy Policy, any User Personal Information that has been anonymized and deidentified to the extent that the User can no longer be personally identified will be treated as Non-personal Information. We may use or share this information in aggregated form for statistical, research, or other lawful purposes.

 

For clarification, any Non-personal Information linked or connected to Personal Information will be treated as Personal Information as long as such a connection or linkage exists. It's crucial to note that Health Information is included within the category of Personal Information for the purposes of this Privacy Policy.

 

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How We Collect Information

 

PCheck collects personal information from you, including any devices (including mobile devices) you use when you:

 

• Utilize or access our Services.

• Register for an account with us.

• Provide information on a web form or other text field.

• Update or add information to your account.

• Engage in correspondence with us.

 

We specifically collect and use the following categories and types of information:

 

Personal Information You Provide:

 

Contact information such as your name, email, and physical addresses, or telephone number. This data is obtained when you fill out our online form, register for an account, or update your account details.

Information provided during transactions performed through the Services or other transaction-based content generated related to such transactions.

Other content generated by your actions in your use of your account, such as adding items to your shopping cart or saved items list.

 

Health Information and Other Data in PCheck Services:

 

Health Information and any other data you provide in the course of using the PCheck Services, the PCheck App, and the PCheck Device. This may include breath samples, daily diet, exercise routine, emotional and mental state, perceived sense of viability, as well as ongoing feedback regarding satisfaction with diet plans.

Interaction with Customer Support or Sales Departments:

 

Contents of your interaction with our customer support or sales departments, which may include text, video, audio recordings, and transcripts of communications, including information entered in our "Contact Us" online form or similar inputs.

 

Financial Information:

 

Financial information, such as credit card or bank account numbers, provided in the course of transactions through the Services. This information is processed by our third-party service providers, as detailed below, and is not accessible by us.

 

Shipping and Transaction-Related Information:

 

Shipping, delivery, postage, billing, and other information used for transactions and delivery through the Services. This may include information required to clear customs, such as Tax ID or other identification numbers.

It's important to note that the collection of this information aligns with Ontario laws and regulations regarding data privacy and protection.

 

3.1

 

In the course of your interaction with our Services and Website, we automatically collect personal information pertaining to your usage. This information is gathered, recorded, and may involve third-party service providers, as outlined in Section 5 (sharing information with third parties) below. Additionally, we employ "cookies" and other tracking technologies, detailed further in Section 9 (Local Storage and Third-Party Software/Service, Cookies, and other Tracking Technology) below, to facilitate this process.

 

The information we collect encompasses your engagement with and utilization of our Services, including, in certain instances, your responses to our advertisements and communication-related data. This data is sourced from devices, including mobile devices, and the software used during your access to our Services. It may include mobile device geo-location, mobile device motion, Device ID or unique identifier, device type, ID for advertising, unique device token, operating system, details of your clicks and "click stream," views, engagement with our advertisements and Services, traffic to and from the Website, referral URLs to and from our Website, ad data, your IP address, web login information, and location information derived from your IP address. Refer to our Cookies Policy for more information about our use of these technologies and how to manage them.

 

We collect and process Personal Information derived from other Personal Information obtained from you. This implies that we process Personal Information to provide outputs from our PCheck Services, such as recommendations, suggested analyses, and other insights offered through the use of the PCheck Services. Notably, certain portions of the aforementioned information may also be collected from your device or software when the PCheck App is running in the background, i.e., launched but not actively used. Please be aware that most mobile devices and accompanying software allow you to control or disable the collection of certain information, including location services, by any application, in the device's settings menu.

 

3.2

 

In the course of using the PCheck Services, you have the option to link your Account with specific third-party accounts associated with applications and platforms (such as Apple Health Kit, Android Fit, etc.). By doing so, you grant us access to information accessible on those third-party accounts. In instances where this information is linked or connected to your identity, we will treat it as your Personal Information.

 

3.3

 

Social Media Integration

 

We provide you with the option to share information on social platforms or use them to create or link your Account. When utilizing these features, social platforms may grant us automatic access to specific Personal Information they retain about you, such as content viewed or liked by you, your public profile, other associated profiles, and details about the advertisements you've engaged with. You maintain control over the Personal Information we access through privacy settings on the relevant social platforms and the permissions granted when allowing us access to your Personal Information held by these platforms.

 

Additionally, we may collect Personal Information from third parties who have assured us of obtaining your consent for such information provision or have received information from your freely given public disclosures. This may include demographic data publicly available in applicable jurisdictions, supplementary contact details, credit/check information, and data from credit bureaus, in compliance with national laws.

 

By associating your Account with social platform accounts or other third-party accounts and authorizing us to access information held by these accounts, you consent to the collection, use, and retention of such information in accordance with this Privacy Policy.

 

It's important to note that we will not collect any Personal and Health Information from or related to you without your explicit approval, obtained, among other ways, through your active acceptance of the Terms of Use (TOU) and this Privacy Policy.

 

PLEASE NOTE: If you provide us with Personal Information about someone else, you must do so only with that person’s express authorization. Inform them about how we collect, use, disclose, and retain their Personal Information according to this Privacy Policy before providing us with their Personal Information.

 

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The Purposes and Legal Basis of the Collection, Processing, and Use of Information

 

Legal Basis for Use:

 

We collect, process, and use your Personal Information, ensuring it is adequate, relevant, and limited to what is necessary for the purposes described in this Privacy Policy. This is based on at least one of the following legal grounds:

 

Performing an Agreement with You:

 

We collect and process your Personal Information to provide you with our Services, following your acceptance of this Privacy Policy and pursuant to the Terms of Use (TOU).

Our goal is to maintain and improve our Services, develop new features, and personalize the Services to enhance your user experience.

 

With Your Consent:

 

We seek your consent to collect and process your Personal Information, including any Health Information, for the purposes outlined in this Privacy Policy. You have the right to withdraw your consent at any time.

 

Legitimate Interest:

 

• We process your Personal Information for our legitimate interests, ensuring appropriate safeguards are in place to protect your privacy.

• This involves activities such as detecting, preventing, or addressing fraud, abuse, security, usability, functionality, or technical issues with our Services.

• It also includes protecting against harm to the rights, property, or safety of our properties, users, or the public, as required or permitted by law.

• Enforcing legal claims, including investigating potential violations of this Privacy Policy and defending against legal claims made by you or on your behalf against us.

• Fulfilling our obligations under applicable laws, regulations, guidelines, industry standards, and contractual requirements, as well as legal processes, subpoenas, or governmental requests, in accordance with our TOU.

 

4.2

 

Purpose of Use.

 

We may utilize the Personal Information collected about you for the following purposes:

 

To Provide, Operate, and Improve the Services:

 

Ensuring the delivery, functionality, and continuous enhancement of the Services.

 

To Verify User Identity:

 

Confirming the identity of our Users to maintain a secure and trustworthy environment.

 

Personalizing and Enhancing User Experience:

Customizing and improving your experience with the Services, allowing you to retrieve your information easily.

 

Contacting Users for Support and Feedback:

 

Reaching out to Users to provide technical assistance, support, address requests and complaints, and gather valuable feedback.

 

Sending Updates and Communications:

 

Keeping Users informed through updates, notices, notifications, and additional communications regarding the Services.

 

Aggregated Statistical Analysis:

 

Studying and analyzing information on an aggregated, statistical basis to identify patterns, anomalies, complications, treatment methods, and improvements, particularly in health-related research and development.

 

Development and Improvement of Services:

 

Enabling further development, customization, and improvement of the Services based on Users' common preferences, uses, third-party services, features, functionalities, statistical and research purposes, attributes, and anonymized data.

 

Fraud Prevention and Security:

 

Preventing, detecting, mitigating, and investigating fraud, security breaches, or other potentially prohibited or illegal activities.

 

Marketing and Advertising:

 

Displaying or sending marketing and advertising material, as well as general and personalized content and advertisements via the Services, the Website, email, postal mail, telephone, mobile devices, and/or when visiting other sites.

 

Performing Functions as Described at Collection:

 

Performing functions or services as otherwise described to you at the time of collection.

Compliance and Legal Protection:

 

Complying with applicable rules or regulations, protecting our legal interests, and responding to or defending against (actual or potential) legal proceedings against us or our affiliates.

 

 

 

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Sharing Information with Third Parties

 

PCheck is committed to safeguarding your Personal and Health Information and will not share or grant access to any such data to third parties, except in the following circumstances:

 

Law Enforcement and Legal Proceedings:

 

We may disclose Personal Information to comply with applicable laws, regulations, legal processes, subpoenas, or governmental requests.

 

Protecting Rights and Safety:

 

Sharing Personal Information to enforce this Privacy Policy and/or the Terms of Use (TOU), including investigating potential violations, addressing fraud, security, or technical issues, and responding to claims of content violations.

 

Affiliated Companies and Change in Control:

 

Internally sharing Personal Information with our family of companies for the purposes outlined in this Privacy Policy.

In the event of any change in control, including mergers, acquisitions, or asset purchases, we may share Personal Information with the parties involved. If such a change might materially impact your stored Personal Information, we will notify you of the event and your choices via email and/or prominent notice on our Website or Services.

 

Third-Party Services:

 

Partnering with selected service providers, such as hosting services (e.g., Amazon Web Services), data analytics services (e.g., Google Analytics), session replay records for app analytics and business, legal, and financial advisors (collectively, "Third-Party Service Providers").

 

We remain responsible for the processing of Personal Information by Third-Party Service Providers on our behalf, ensuring compliance with the terms outlined herein.

 

1.  

 

Storage, Transfer, and Retention of Your Information

 

User information will be maintained, processed, and stored by PCheck and its authorized affiliates and service providers in the United States, EU, and in Israel. Additionally, secured cloud storage provided by our Third-Party Service Providers may be utilized as needed. While data protection laws in these jurisdictions may differ from those of your residence, rest assured that we, our affiliates, and service providers are dedicated to keeping your information protected and secured in accordance with this Privacy Policy and industry standards. This commitment remains steadfast, irrespective of any less stringent legal requirements in their respective jurisdictions.

 

Specifically, each Third-Party Service Provider storing or processing your Personal Information has either: (i) assured us of providing adequate safeguards for privacy rights, (ii) holds and processes information on our behalf in a jurisdiction deemed to ensure an adequate level of protection by the EU Commission, or (iii) if in the US, is certified under the EU-US Privacy Shield framework or otherwise qualified under the European Commission’s laws for processing information within a jurisdiction not considered to have an adequate level of protection. By providing your information, you expressly consent to the storage and transfer practices described above, including transfers outside of the jurisdiction in which the information was provided.

 

We retain the Personal Information collected only for as long as legitimately needed and as required for the purposes listed under Section 4, including compliance with legal obligations and/or protection of legitimate interests. Afterward, we either delete the information from our systems or anonymize it without further notice to you. If you are under a limited Subscription plan, your access rights to the PCheck Services will expire upon Subscription expiration, and your Account will be deactivated unless you renew your Subscription by completing payment to PCheck, of the then-applicable Subscription Fees. Unless you notify us of your request to delete your Account as specified in Section 7 below, we may maintain your inactive Account, including all data and reports, allowing you to reactivate the Account if you choose to renew your Subscription at a later stage.
 

1.  

 

Your Rights: Deletion, Withdrawal of Consent, Modification, or Obtaining a Copy of Personal Information

 

If the applicable law grants you such rights, you have the option to request access, correction, or deletion of your Personal Information stored in our systems or otherwise under our control. You may also seek confirmation on whether we process your Personal Information and request the withdrawal of any previously provided consent to PCheck in connection with the use and processing of your Personal Information. Exercising these deletion rights or withdrawing consent may impact our ability to provide you with our Services. In such cases, we will notify you of the termination of our engagement or the cessation of our Services. Within the confines of the law, you can request updates, corrections, or deletion of inaccurate or outdated information. Additionally, you may request the suspension of the use of any contested Personal Information while we verify its accuracy.

 

Subject to legal limitations, you may be entitled to receive the Personal Information you directly provided to us in a structured, commonly used, and machine-readable format. You may also have the right to transmit this data to another party. To exercise any of these rights or withdraw your consent, please contact us at: office@PCheck.ca. When handling such requests, we may request additional information to confirm your identity and the validity of your request.

 

Please note that upon a request to delete your Personal Information, we may retain some or all of the data to comply with applicable rules or regulations, and/or to respond or defend against legal proceedings against us or our affiliates. This retention is done as permitted by the relevant law applicable to you. If you are uncertain about these rights or have concerns about your privacy rights under local law, you can contact your local data protection authority.

 

1.  

 

Minors

 

To create an Account on our Services, individuals must be above the age of 18. While acknowledging your responsibility to adhere to the Terms of Use (TOU) and the terms outlined herein, we retain the right (without obligation) to request proof of age at any stage to verify that individuals under the age of 18 are not utilizing our Services. If we become aware that a person under the age of 18 is using our Services in violation of the aforementioned terms, we will take measures to prohibit and block such User from accessing our Services. Furthermore, we will make all efforts to promptly delete any Personal Information (as defined herein) associated with such User.

 

1.  

 

Local Storage and Third-Party Software/Service, Cookies, and Other Tracking Technology

 

LocalStorage:

 

When you access or utilize our Services, PCheck may employ industry-standard technologies that temporarily store specific information on your PCheck Device, smartphone, computer, or other mobile device ("Local Storage"). This allows us to activate certain features automatically, enhancing the convenience and efficiency of your Services experience. The Local Storage used by the Services is session-based and is removed at the end of your session, provided you have completed your attempt to upload Health Information to the PCheck Services. Until such completion, the information will remain in Local Storage.

 

We also utilize various monitoring and tracking technologies, including those offered by Third-Party Service Providers, to collect and process the Personal Information specified above. These technologies serve the ongoing maintenance, provision, and improvement of our Services, providing Users with a superior experience and delivering more relevant advertisements of our Services to our customers and potential customers.

 

For instance, these technologies enable us to:

 

• Keep track of and apply our customers' and potential customers' PCheck Services and Website preferences and authenticated sessions.

• Enhance the security of our Services by detecting abnormal behaviors.

• Identify technical issues and improve the overall performance of our Services.

• Monitor and analyze the performance of our advertisements.

• Generate and analyze analytics related to the use of our Services.

• Deliver targeted advertisements more tailored to you based on your browsing activities and inferred interests.

 

9.2

 

Cookies:

 

A cookie is a small data file that is downloaded and stored on your computer or mobile device when you visit our Website. Pixel tags (commonly known as web beacons) are transparent images, iFrames, or JavaScript placed on our Website, advertisements, and emails. Our Third-Party Service Providers use these to understand how the Website, advertisements, and emails are interacted with. For additional information on our use of Cookies, pixel tags, and other tracking technology, please refer to our Cookie Policy.

 

Some of these tracking technologies are provided by Third-Party Service Providers who collect and process Personal Information on our behalf. These Third-Party Service Providers may have a direct contractual relationship with you (such as Google and Facebook). Additionally, the services provided by these Third-Party Service Providers may involve the collection and processing of Personal Information beyond the scope provided to us. This means that, in certain instances, these Third-Party Service Providers may have more extensive access to your Personal Information than we do. For instance, our payment gateway service provider has access to your financial information under strict terms, while we do not receive such access at all to better protect your rights.

 

If you have a direct contractual relationship with any of our Third-Party Service Providers, any rights you may have regarding your information collected by them will be governed by that contractual relationship. Otherwise, the terms of this Privacy Policy fully apply. It's important to note that we may use the functionality of re-marketing through tracking cookies and pixel-based retargeting services provided by Google Analytics, Facebook, Twitter, and LinkedIn. If you have consented to receive personalized commercial offers from these Social Ad Platforms, you may be served with ads (including third-party advertisements) based on your access to our Services or Website, both within and outside of our platform across the internet. In such cases, the Social Ad Platforms will place cookies on your web browser and use them to serve ads based on your past visits to our Services and Website. Please refer to the Privacy policies of the Social Ad Platforms to understand how they utilize this information.

 

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Changes to the Privacy Policy

 

PCheck reserves the right to modify this Privacy Policy at any time, so we encourage you to regularly revisit this page. We will notify you of significant changes to this Privacy Policy on the Services and/or send you an email about such changes to the email address registered with your Account. These significant changes will become effective seven (7) days after the notice is provided through any of the aforementioned methods. Otherwise, all other alterations to this Privacy Policy are effective as of the stated "Last Revised" date. Your continued use of the Services or the Website after the Last Revised date will indicate your acceptance of and agreement to be bound by those changes.

If you have any questions (or comments) concerning this Privacy Policy, you are welcome to send us an email at: office@pcheck.ca and we will make an effort to reply within a reasonable timeframe.

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