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Privacy

Privacy Policy

Last updated on February 5, 2024

Welcome!

Welcome to the Atlantis Strength website at https://atlantisstrength.com/ (the “Website”), which includes all subpages and subdomains, present and future. The Website enables us to monitor and maintain communication with individuals who express interest in our services, which includes the sale, distribution and installation of strength and gym equipment (the “Services”). This Privacy Policy (the “Policy”) covers personal data collected from you or about you when (1) you are browsing the Website; (2) you are an individual seeking quotes and/or product registration for warranty claims or answers to general inquiries (a “Customer”); or (3) you are an individual seeking to become distributors of our products (a “Distributor”). We are pleased that you have chosen to visit our Website and are interested in our Services.

Atlantis Strength takes your privacy and the security of your personal data very seriously. We have provided and will continue to provide a secure environment and this Policy describes the limited ways your information is used and accessed. We ask that you read it carefully.

Key Elements of this Policy

Here are the key elements of this Policy so that you can know the important parts right away to make an informed decision about your consent for our collection, use and disclosure of your personal data. By submitting personal data to us via any means, you consent to such collection, use and disclosure. You can find the details in the rest of the Policy.

DEFINITIONS

Before we get started with the details, here are a few terms we think you should know as you read this Policy.

“Data Protection Laws”refers to the laws that are designed to protect your personal data and privacy in the place where you live. Atlantis Strength is committed to adhering to all applicable Data Protection Laws. The Data Protection Laws include:

  • The “GDPR“, the European Data Protection Law which stands for “General Data Protection Regulation”, with the official nameRegulation (EU) 2016/679 of the European Parliament and of the Council;
  • The “UK GDPR” which applies to our activities in the United Kingdom; please note that when this Policy refers only to the “GDPR”, this includes the UK GDPR, as applicable;
  • “PIPEDA” (Personal Information Protection and Electronic Documents Act), which is the Canadian Data Protection Law that applies to our activities in Canada;
  • Quebec’s Act Respecting the Protection of Personal Information in the Private Sector(the “Quebec Privacy Act”) as amended by Law 25, that applies to our activities in Quebec;
  • The California Consumer Privacy Act (“CCPA”) as amended by the California Privacy Rights Act which applies to our activities in the United States in certain circumstances; and
  • Other state privacy laws in the United States, specifically those which are currently in force in Colorado, Connecticut, and Virginia.

“Personal data”, this is information we collect from you or about you and which is defined in the GDPR as “any information relating to an identified or identifiable natural person.” It can be as simple as your name or your email, or something more complicated like an online identifier (usually a string of letters and / or numbers) that gets attached to you. Under PIPEDA, the Quebec Privacy Act and the CCPA, the equivalent concept is “personal information”, which is roughly the same. For example, the Quebec Privacy Act defines “personal information” as “any information which relates to a natural person and allows that person to be identified either directly or indirectly.” Any mention of “personal data” in this Policy will also mean personal information.

About Us and Contacting Us

Atlantis Strength Inc. (“Atlantis Strength”), who owns and operates the Website and Services, is a Canadian corporation located in the province of Quebec, Canada, with an office at the address listed below.Where this Policy refers to “Atlantis Strength”, it may refer to Atlantis Strength and / or its affiliates, and their respective officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in this Policy shall also refer to Atlantis Strength. In this Policy, a Website visitor, Customer, Distributor or any other individual for whom we hold personal data may be referred to as “you” or “your”.

Under the GDPR, Atlantis Strength is a “data controller”. That means we collect personal data directly from you and determine the purpose and means of “processing” that data. “Processing” is a broad term that means the collection, use, storage, transfer or any other action related to your personal data; it is used in this Policy in that way. Under PIPEDA, Atlantis Strength is an “organization” and under the Quebec Privacy Act, Atlantis Strength is an “enterprise”. PIPEDA uses the phrase “collection, use and disclosure” and the Quebec Privacy Act uses “collects, holds, uses or communicates to third parties” as the approximate equivalent to the “processing” of the GDPR. When we use “processing” in this Policy, you can substitute either of the Canadian or Quebec law phrases.

If you want to ask us anything about what’s in this Policy, or anything else privacy- or data- related, or exercise any of your available privacy rights, you can contact:

Diego Fernandez Atlantis Strength Privacy and Data Protection Officer privacy@atlantisstrength.com

or:

Diego Fernandez Atlantis Strength Privacy and Data Protection Officer 4745 Avenue des Industries Laval, Quebec Canada, H7C 1A1

Your Rights

You have the following rights regarding your personal data held by Atlantis Strength, and other privacy rights. Please note that not necessarily all of these rights may be available to you; this depends on the Data Protection Laws where you are located that apply to you. These rights may be exercised without affecting any prices or costs charged by Atlantis Strength, if any, in connection with our Services. However, please note that exercising certain of these rights may affect your ability to use some or all of the Website or Services.

  • The right to withdraw your consent for Atlantis Strength to process your personal data at any time;
  • The right to have your personal data erased from Atlantis Strength’s records, and to have your name de-indexed if we link to any information about you (which we currently do not);
  • The right to access your personal data and any relevant information around its processing and use;
  • The right to have a copy of your personal data given to you in an easy-to-read format so that you can transfer it to any data controller or data processor or other third party;
  • The right to have your personal data corrected or updated if you believe it is inaccurate or out of date;
  • The right to opt out of email communications we send you, at any time;
  • The right to know whether Atlantis Strength shares your personal data (and if so, who gets it). Please refer to that information elsewhere in this Policy, though you can contact our Privacy and Data ProtectionOfficer if you need additional information or clarification;
  • The right to demand that Atlantis Strength not sell your personal data. Please note that Atlantis Strength does not sell your personal data;
  • The right to restrict the processing of your personal data if it is inaccurate or if our processing or use of it is against the law; and
  • The right to refuse any marketing or advertising targeted at you by Atlantis Strength.

If you wish to exercise any of these rights, please contact our Privacy and Data Protection Officer at the contact information above or refer to certain relevant sections further in this Policy.

Limited Personal Data Collected from You and What We Use It For

Atlantis Strength limits the amount of personal data we collect to what is necessary and appropriate for the identified purposes. We will not use or disclose your personal data for purposes other than those for which it was collected, except with your consent or as permitted or required by applicable law.

In the table below, please find all the personal data we may collect from you directly, what we use it for and the legal basis under the GDPR for us having and processing this personal data. Under PIPEDA, the Quebec Privacy Act and the CCPA, the legal basis is your informed consent and by submitting this personal data you acknowledge having granted this consent to Atlantis Strength.

Personal Data Collected About You from Third Parties and What We Use It For

Atlantis Strength does not routinely collect personal data about you from third parties, except to the extent that analytics identifiers are generated from third parties and, as such, may be considered personal data collected from third parties. You can find details about our analytics practices further below in this Policy.

Sensitive Personal information

We do not collect any of what the Data Protection Laws consider sensitive personal information from you when you use the Website or Services, unless you voluntarily submit it to us, which we encourage you not to do.

Who We Transfer Your Personal Data To

We only share some of your personal data with third parties who are identified in the table further below in this section, along with what they do with it.

We will share personal data with law enforcement or other public authorities if: (1) we are required by applicable law in response to lawful requests, including to meet national security or law enforcement requirements; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of the Website’s Terms & Conditions; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Website infrastructure or the internet in general (such as voluminous spamming or denial of service attacks); or (4) we are required to under any applicable law.

We may also share personal data: (1) to a parent company, subsidiary, joint venture or other company under common control with Atlantis Strength (in which case we will require such entity to honour this Policy); or (2) if Atlantis Strength merges with another entity, is subject to a corporate reorganization, sells or transfers all or part of its business, assets or shares (in which case we will require such entity to assume our obligations under this Policy or inform you that you are covered by a new privacy policy).

Some of these third-party recipients may be based outside your home jurisdiction. If you are in the European Economic Area or the U.K., please see the “Transfer of Your Personal Data Outside of the European Economic Area” further down in this Policy for more information, including on how we safeguard your personal data when this occurs. If you are in Quebec, please see the “Transfer of Your Personal Data Outside of Quebec” section further down in this Policy for information on how we safeguard your personal data when this occurs.

We will never share your personal data with other third parties except under these circumstances. We do not sell or rent your personal data to any third party for direct marketing purposes or any other purpose.

  • Companies providing technical infrastructure for the Website, specifically Acolyte Communication and Bloom;
  • Companies that provide us with CRM services, specifically Dynamics Business Central; and
  • Companies that help us to manage our mailing list and to communicate with interested Website visitors, specifically Microsoft 365
  • Companies that help us to manage our mailing list and to communicate with Customers, specifically Microsoft 365
  • Companies that help us to manage our mailing list and to communicate with Distributors, specifically Microsoft 365

Email Communications and Compliance with Anti-Spam Laws

Atlantis Strength manages our own mailing list to send out our newsletter and to email Website visitors, Customers and Distributors regarding new product releases and special offers using Microsoft 365’s Outlook (the “Email Service Provider”). Personal data is transferred to the Email Service Provider in order for the emails to be sent out properly. The Email Service Provider does not use your personal data for any other purpose and will not transfer or sell your personal data to any other third party. For more information, please refer to Microsoft 365’s Privacy Policy.

You may unsubscribe to stop receiving email communications from us at any time, by following the link at the bottom of Atlantis Strength emails. Other types of emails, such as those related to product quotations, orders, or inquiries about becoming a Distributor, will not include an opt-out provision, as they are essential for the use of our Services.

Atlantis Strength’s email practices are designed to be strictly compliant with anti-spam laws, including, but not limited to, the law unofficially called “CASL” or Canada’s Anti-Spam Law (S.C. 2010, c. 23) and the American CAN-SPAM Act of 2003. If you believe you have received any email from Atlantis Strength in violation of these laws, please contact our Privacy and Data Protection Officer using the contact information further up in this Policy.

Atlantis Strength Advertising and Opting Out

Atlantis Strength is continuously evaluating and modifying our use of various advertising networks, which may change from time to time. In this section you will find all the advertising networks that Atlantis Strength currently uses and instructions for opting out of them. You may also opt out or decline such advertising by refusing or deleting the appropriate cookie, as described further in this Policy. We will always update this Policy if we use additional advertising networks.

Generally, these ad networks work bydelivering you advertisements that will be of particular interest to you when you use their websites, apps, or services, based on your browsing and activity history interacting with the Website. Certain advertising networks use your email address that you submit to us to match your profile in order to better target the advertising to your preferences, called email retargeting.

The table below identifies the advertising networks we currently use, as well as links and instructions on opting out. By visiting the Website, using the Services or submitting your email address to us in any way, you consent to our advertising to you in this manner, understanding that you can opt out any time, or refuse or delete the cookie which will prevent such advertising (as described below).

Limited Gathering of Information for Statistical, Analytical and Security Purposes

Atlantis Strength automatically collects certain information using the “Third-Party Analytics Program” Google Analytics to help us understand more about our Website visitors and how they use the Website, but none of this information identifies you personally, except via an alphanumeric string. For example, each time you visit the Website, we automatically collect (as applicable) your IP address, browser and computer or device type, access times, the web page from which you came, the web page(s) or content you access, and other related information. We use information collected in this manner only to better understand your needs and the needs of Website visitors in the aggregate. Atlantis Strength also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website and the specific pages visited on the Website, with a view to introducing improvements to the Website, Services and our activities.

We also use other Third-Party Analytics Programs, such as Bloom’s Digital Campaign Measurement and Tracking Tools, to monitor and analyse performance of the Website generally. This analysis encompasses, but is not limited to, the following aspects:

  • Identifying the most and least frequented web pages;
  • Tracking visitor navigation patterns on the site, including page view frequency; and
  • Assessing product popularity by monitoring your browsing behavior.

Your IP address and other relevant information we collect using the Third-Party Analytics Program may be used in order to trace any fraudulent or criminal activity.

Tracking Technology (“Cookies”) and Related Technologies

Atlantis Strength uses tracking technology (“cookies” and related technology such as tags, pixels and web beacons) on the Website. Cookies are small text files placed on your computer or device when you visit a website, in order to track the use of the website and to improve the user experience by storing certain data on your computer. By visiting or using the Website, you agree to their use, but only if you explicitly consent to such use, according to the cookie banner presented to you when you visit the Website.

Specifically, we use cookies and related technologies for the following functions:

  • to facilitate online advertising, as described above in this Policy;
  • to provide general internal and user analytics and to conduct research to improve the content of the Website and to monitor the performance of the Website using the Third-Party Analytics Programs as described above in this Policy;
  • to translate the Website; and
  • to assist in identifying possible fraudulent activities.

Your browser can be set to refuse cookies or delete them after they have been accepted and stored. You can refer to your browser’s help section for instructions,but here are instructions for the most commonly used browsers and operating systems:

  • Google Chrome
  • Mozilla Firefox
  • Microsoft Edge
  • Opera
  • Apple Safari
  • iOS
  • Android

Please note that deleting or refusing cookies may reduce your user experience on the Website. Furthermore, deleting cookies may prevent certain functions from working at all.

How We Protect Your Personal Data

We have implemented strict technical and organisational procedures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed by us. These procedures prevent your personal data from being lost or used or accessed in any unauthorised way.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable supervisory authority of a suspected data security breach where the Data Protection Laws require us to do so and within the time frame required by the applicable Data Protection Law(s).

Atlantis Strength uses only industry best practices (physical, electronic and procedural) in keeping any data collected (including personal data) secure. In addition, we use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Website, and these third parties have been selected for their high standards of security, both electronic and physical. For example, Atlantis Strength uses OVHcloud for hosting of the Website and related data and for the collection and storage of data, including personal data.

Finally, all information, including personal data, is transferred with encryption using Secure Sockets Layer (“SSL”) or Transport Layer Security (“TLS”), robust security standards for internet data transfer and transactions. You can use your browser to check Atlantis Strength’s valid SSL security certificates on the Website.

Internal Procedures and Policies

In addition to the measures to protect your personal data described in the previous section, we have drafted and implemented certain internal procedures and policies regarding personal data, including the following:

  • A framework for the keeping and destruction of the personal data that we collect, including where we may keep anonymized data;
  • Defining and describing the roles and responsibilities of the members of Atlantis Strength personnel throughout the life cycle of the personal data; and
  • A process for dealing with individual complaints and requests for personal data and exercising of the individual’s rights under Data Protection Laws.

Transfer of Your Personal Data Outside of the European Economic Area (“EEA”) and the U.K.

For our European users, we endeavour to keep your personal data inside the EEA or the U.K. (as applicable). However, certain of our data processors (and Atlantis Strength) are in other countries where your personal data may be transferred. However, these countries are limited to countries with particular circumstances that protect your data, specifically:

  • Canada. We transfer personal data to our operations in Canada, but Canada has been determined to have an “adequate level of protection” for your personal data under European Data Protections Laws.
  • The United States. Your personal data is only transferred to companies in the United States that: (1) have signed agreements with us or have informed us that they are GDPR-compliant; and (2) have concluded the Standard Contractual Clauses for the transfer of personal data outside the EEA and the U.K.

That’s it! You have the right, however, to refuse to have your data transferred outside the EEA or the U.K. Please contact our Privacy and Data Protection Officer to make that request. Please note that making this request may prevent you from being able to use certain portions of the Website or Services.

Transfer of Your Personal Data Outside of Quebec

For our Quebec Website visitors, Customers and Distributors, we endeavour to keep your personal data in Quebec. However, certain of our third-party service providers are in other provinces or countries where your personal data may be transferred. When this happens, we do the following to safeguard your personal data:

  • We will perform what the Quebec Privacy Act calls an “Assessment of the privacy-related factors” (what is generally called a “Privacy Impact Assessment,” or “PIA”) prior to the personal data leaving Quebec. If the PIA does not meet our standards and the standards required by the Quebec Privacy Act, we will not transfer your personal data to such a service provider; and
  • If the PIA allows us to transfer the personal data to such a service provider outside Quebec, we will sign what is generally called a “Data Processing Agreement,” or DPA, with the service provider, which protects the person data transferred to them and limits their use of it to what we have contracted with them to do. This DPA will adhere to the requirements of the Quebec Privacy Act.

Supervisory Authorities and Complaints

If you are in the EEA or the U.K., under the GDPR, you have the right to make a complaint to the appropriate supervisory authority. If you are not satisfied with the response received or the actions taken by our Privacy and Data Protection Officer, or if you would like to make a complaint directly about Atlantis Strength’s data practices, we invite you to contact the supervisory authority in your country.

If you are in the U.K., you should contact the Information Commissioner’s Office who is the supervisory authority. You can reach them in a variety of ways, including by phone (0303 123 1113 in the UK) and mail (Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF). If you are in France, you should contact theCommission Nationale de l’Informatique et des Libertéswhich is the supervisory authority there. Their contact information can be found here.

The full listing of all Data Protection Authorities (the supervisory authorities) across the EEA can be found here.

If you are in Canada and you are not satisfied with the response received or the actions taken by our Privacy and Data Protection Officer, you can make a complaint to the Office of the Privacy Commissioner of Canada. Instructions on how to do so can be found on their website. If you are in Québec, you can make a complaint to theCommission d’accès à l’information, with the instructions for contacting them on their website.

Data Retention

Your personal data will only be kept for as long as is necessary for the purpose needed for that processing. For example, we will retain your Customer Contact Information for a reasonable period of time following expiry of your product warranty.

We may have to keep your data for a longer period of time to satisfy our requirements under any applicable law, including anti-spam laws, or to protect our legal interests.

In some cases, where permitted by the Data Protection Laws, we may keep personal data that has been anonymized, for our legitimate business purposes.

Automated Decision-Making

Atlantis Strength does not use any automated decision-making processes with regard to your personal data in providing the Website or Services.

Children’s Privacy Statement

The Services are only intended for persons who are 18 years old for a resident of a Canadian province or the age of majority in any other country.

The Data Protection Laws have various age limits as to the minimum age required for us to hold personal data about an individual. We do not knowingly collect any personal data from a child under those minimum ages. If we become aware that we have inadvertently received personal data from a person under the minimum ages through the Website, we will delete such information from our records.

Changes to This Privacy Policy

The date at the top of this page indicates when this Policy was last updated. Every now and then, we will have to update this Policy and we will update it no less than once every 12 months. You can always find the most updated version at this URL, and we will always post a prominent notice on the Website if we make significant changes and use reasonable efforts to contact you if we have your contact information, for example, if you are a Customer or a Distributor.

Thanks for reading! Please keep your personal data safe; we promise to do the same.

Atlantis Strength Inc., 2024.