PRIVACY POLICY

Effective date: September 2022

1. Introduction

Underdog Strength and Conditioning Inc. (“Underdog”) strives to help its clients meet their health and fitness goals. Underdog is committed to protecting the privacy of information it obtains in the course of carrying out its functions. This privacy policy aims to help you to understand why we collect your personal information, how the confidentiality of this information is protected and how you can find out what information concerning you is recorded.

2. Principles

Underdog’s management and protection of personal information provided to it by clients and employees is guided by the following principles:

  1. all personal information in our custody and control will be collected, used and disclosed in accordance with the Personal Information Protection Act (PIPA); and

  2. Underdog will embody a culture in which personal information is protected and respected.

3. Responsibilities

All employees working on behalf of Underdog are responsible for securing and protecting personal information in the custody and control of Underdog.

Underdog’s officers and directors will provide effective leadership on privacy at Underdog. All directors and officers are responsible for overseeing the collection, use, disclosure, retention and disposal of personal information to ensure compliance with Underdog’s policies.

The Privacy and Compliance Officer has overall responsibility for:

  • dealing with requests for access to information under PIPA;

  • ensuring that Underdog has appropriate policies and processes in place to safeguard the personal information in its custody and control; and

  • monitoring Underdog’s compliance with its privacy policies and legislative requirements.

4. What is personal information and aggregate data?

Section 1 of PIPA defines “personal information” as information about an individual and includes employee personal information. Examples of personal information include an individual’s name, home address and phone number, age, financial information, health and fitness levels and goals, and data about the services that you purchase from Underdog.

Aggregate Data: We may also combine your personal information with that of other individuals to create aggregate data which we will use, for example, to improve our products and services and develop new ones. Aggregate data is general information about groups of customers but not about you as an individual. We may also disclose aggregate member data to be used in academic research (e.g., exercise adherence), provided, however, your data will never be individually identified or identifiable in reports of the research findings; only aggregated data (group averages) will be presented.

5. Purposes for collecting, using, disclosing and retaining personal information

Underdog collects, uses, discloses and retains personal information about clients and employees in order to perform its duties and functions, including:

  • to understand your fitness and other related needs and objectives, and to assist you in achieving them

  • to determine your eligibility for membership and for receiving our products and services

  • to provide you with a copy of your membership contract and other related agreements

  • to manage the continued membership of clients, including to process your fees and to ensure that your account remains up-to-date;

  • to invite you to participate in member surveys or other opinion-gathering devices that assist us in making our services more responsive to your needs;

  • to inform you of matters relating to your membership;

  • to send you newsletters and other information about our products and services that we believe may be of interest to you;

  • to conduct contests, prize draws, and other special promotions

  • to protect against harm to the rights, property and safety of Underdog, our employees, clients, and others 

  • to receive, investigate and manage complaints;

  • for statistical research and analysis purposes;

  • to receive and respond to requests for access to information; and

  • to establish, manage and terminate employment relationships between Underdog and its employees.

6. Collecting personal information

Underdog is authorized under PIPA and other applicable law to collect personal information for certain purposes. 

When collecting personal information, Underdog will:

  • limit the collection of personal information to what is necessary to undertake our functions or as permitted by applicable law;

  • be open and transparent about the information that is being collected by communicating a clear and lawful purpose for the collection;

  • ensure that all individuals have the right to request access to the personal information we hold about them, and the right to seek correction if that personal information is incorrect; and

  • only collect personal information directly from the subject of the information, unless consent is given to collect information from other sources or collection from another source is permitted by applicable law.

7. Collecting personal information when you visit the Site

When you visit and browse the Underdog Member Site (the “Site”), the following information is collected and stored:

  • the IP (Internet Protocol) address of your Internet service provider or your computer which also identifies the domain name (such as shaw.ca or yourcompany.com) of your service;

  • the operating system of your computer and the browser you use (Internet Explorer, Firefox, Safari, etc.);

  • computer type or type of mobile device used;

  • the site from which you navigated to the member portal;

  • your membership ID and email address (if applicable);

  • the time and date that you visited our site; and

  • the web pages or online tools that you used.

Upon its submission to Underdog, the personal information is retained in a secure database that is stored in Canada.

We use this information to analyze the use and performance of Underdog’s website, using Google Analytics and other tools, to enable us to improve the website, evaluate our technical infrastructure and to monitor compliance with our terms and conditions of use. We do not use this information to identify website users, unless you choose to provide your identity to us through one of the means provided on the Site or we are required to do so by law.

8. Underdog Fitness Blog

Certain aspects of Underdog’s Site are not confidential and are available for public viewing. If you post submissions to any publicly available blogs or other publicly available features of our Site, they may be viewed by other users of the Site. By making personal information publicly available where the Site allows you to do so, you consent to such publication by Underdog or our service providers and agents. Please refer to the Terms and Conditions on Use of Site for additional provisions relating to user submissions that may apply to you.

9. Social Media

If you connect a social media account with any of our websites or applications or engage with our websites or applications through a social media platform, we may share your information with that social media platform, and it may share information about you with us. We may use this information to personalize your experience on our sites and on the third-party social media platforms, or to provide you with offers or other products or services you may request. The social media services’ use of the shared information will be governed by the social media services’ privacy policy and your social media account settings. If you do not want your information shared in this way, do not connect your social media service account with our websites or applications.


10. Using or disclosing personal information

Underdog will only access, use or disclose personal information for the purposes for which it was collected, or for a use that is consistent with that purpose, unless consent for another access, use or disclosure has been obtained, is permitted by PIPA or is otherwise authorized by law.

Personal information will not be accessed, used or disclosed by Underdog employees except as authorized in the course of fulfilling their duties and responsibilities.

Contacting Us: Underdog wants to hear from our clients regarding any issues or comments they may have with respect to any services offered by us. We may record this information in order to address issues in the appropriate manner. When you contact us, by post, telephone, fax, email, SMS, live chat, through our website or through social media, we collect the information that you disclose to us. This may include details such as your name, address, telephone, fax, email and phone number, as well as your questions, inquiries, comments, complaints or requests. If you correspond with us through any media, we may keep a record of that correspondence.

Surveys: From time to time, Underdog may ask you to complete surveys that we use for research purposes and which we will use, for example, to improve our products and services and develop new ones. We will collect the information that you provide if you respond; however you are under no obligation to respond to them.

11. Third Party Disclosure

Underdog is not in the business of selling member information to others. Underdog may contract with trusted companies to act on our behalf to fulfill certain functions. We may use third party service providers to process or handle personal information on our behalf and to assist us with various services such as data processing, printing, mail distribution and marketing. Some of our service providers are located outside of Canada. As a result, your personal information may be accessible to regulatory authorities in accordance with the law of these jurisdictions. We will take steps to ensure that such parties adhere to our policy with respect to the protection of your personal information.

Except as set out in this policy or as required or permitted by law, Underdog will not sell or disclose any of your personal information to any other organization or transmit personal information to third parties without first obtaining your consent. Underdog may, however, disclose information in the following cases:

  • to enforce or apply our membership agreements;

  • to protect the rights, property or safety of Underdog, our employees, our members and others;

  • to comply with a subpoena, warrant or order;

  • to a police force, if required by law;

  • to a person authorized by a law or collective agreement;

  • to an investigative body or government institution which can oblige us to do so;

  • in emergency situations in which we believe that the life, health or safety of a member or other person may be in danger;

  • to an agent retained by Underdogin connection with the collection of your account; and

  • if all or a part of our business is sold, we may transfer information we have about you in preparation for or as part of completing that transaction.

Underdog may ask you for contact information such as your telephone, mobile or fax number or e-mail address, and keep and use this information as well as disclose it to other trusted third parties so that we or any of these third parties may contact you directly through these channels for the purpose of marketing (including telephone and e-mail marketing and automated telephone messages) of goods, services and special offers that may be of interest to you. Your consent to this is not a condition of your membership with Underdog and you may withdraw it at any time (see below).

12. Consent

Your knowledge and consent are required for the collection, use, or disclosure of your personal information. When you become a member of Underdog, you consent to the use of your personal information for the purposes listed above. You may refuse or withdraw your consent at any time; however we may not then be able to provide you with our full range of services. We will advise you when you refuse or withdraw your consent of the impact that will have on what we are able to provide. For information on withdrawing your consent, please contact our Privacy and Compliance Officer.

By using our site, you accept the terms of this Privacy Statement.

13. Retaining and disposing of personal information

Underdog will only retain personal information for as long as necessary to fulfill the purposes for which the personal information was collected, including for the purpose of meeting any legal, accounting or other reporting requirements or obligations.

When personal information is no longer required, Underdog will dispose of it securely.

14. Safeguarding personal information

Underdog protects personal information in accordance with applicable law.

Underdog has made reasonable security arrangements to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information.

All Underdog employees are required to comply with Underdog’s policies and procedures, in relation to the security, management and protection of all personal information within Underdog’s custody and control. Service providers working on behalf of Underdog are required to comply with PIPA and will be made aware of and reminded as necessary about Underdog’s privacy policies.

15. Service providers

Privacy protections will be in place for all service providers. All contracts entered into by Underdog with service providers that may have access to personal or confidential information will ensure compliance with PIPA and applicable law relating to the security and privacy of personal information. The Privacy and Compliance Officer may determine it is adequate for service providers to sign a confidentiality agreement if service providers do not have access to personal or confidential information or managers consider it is appropriate in the circumstances.

All service providers that may have access to personal information in Underdog’s custody or control will be advised and reminded as necessary of Underdog’s privacy policies and our obligations to ensure the security and protection of personal information.

16. Right to request access to personal information

Information or records available to the public through routine channels, such as the Underdog website and publications, may be disclosed to individuals without requiring the submission of a formal request.

Formal requests for access to information are governed under PIPA. Any individual can formally request access to personal information in the custody or control of the Underdog by submitting a request in writing to the Privacy and Compliance Officer at steven@underdogunleashed.com.

Under PIPA, Underdog has 30 days after the information is requested to respond to an applicant. If we need more time to process the request, we will give an individual written notice before the expiry of the 30 days.

Before providing the personal information, we may need to ask individuals to verify their identity. Underdog may refuse access to certain personal information where authorized or required by law to refuse access. In the event that access is refused, we will notify the individual of this decision in writing and outline the reasons for the refusal.

17. Right to seek correction of personal information

When an individual’s personal information is in the custody and control of Underdog and the personal information will be used by Underdog to make a decision that directly affects the individual, Underdog will make every reasonable effort to ensure that the personal information is accurate and complete.

Individuals may write to Underdog and request that any errors or omissions be corrected, or for information to be deleted. Any such requests must be made in writing to Underdog’s Privacy and Compliance Officer, at the address below. 

18. How do we protect personal information?

We offer the use of a secure server. All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our database to be accessed only by those authorized with special access rights to our systems and required to keep the information confidential.

19. Do we use digital markers, including cookies?

A digital marker is a resource created by the visitors’ browser in order to remember certain pieces of information for the Web server to reference during the same or subsequent visit to the website. Digital markers track what information is viewed on a site, which helps website administrators ensure visitors find what they are looking for. Digital markers include cookies. 

Underdog uses sessional and persistent digital markers on some portions of the Site. This allows us to improve the quality of our service, including for storing user preferences, tracking user trends and providing relevant advertising to you based on your activities on our website and others’ websites. During your online visit, your browser exchanges data with Underdog’s Web server. The digital markers used do not allow Underdog to identify individuals. You may adjust your browser settings to reject digital markers, including cookies, if you so choose. However, it may affect your ability to interact with the Site.

Underdog also uses digital markers/cookies to collect data related to your browsing activity or your device. For example, it includes the data related to your IP address, your browsing history, the content of those pages, the number of clicks you make, your type of device, the site you came from and the site you’re going to when you leave ours, your approximate geographical location, your email, as well as the ads and videos viewed on the site. We use such data to provide you with ads related to your interests such as, for example, ads related to the sites and contents you viewed. We do not use such data to discover your identity (by matching or any other method).

To prevent the collection of this data, you can simply delete at any time, from your browser, the cookies present on your computer or completely deactivate the feature that keeps or stores cookies on the Site. Certain features also allow you to deactivate some cookies and to keep only those you want. If this interests you, review your browser settings.

In order for authorized users to access the secure section of our website, they must enable their computers to accept cookies.

20. Third-party links

We feature links to third-party websites on our website. These third-party sites have separate and independent privacy policies. We therefore assume no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

21. Terms and Conditions

Our Terms and Conditions on Use of Site set out the use, disclaimers, and limitations of liability governing your use of our website

22. Changes to our privacy statement or policy

If we decide to change our privacy statement or policies, we will post those changes to this page.

23. Complaints 

If individuals are dissatisfied with the way Underdog has handled their personal information, they are entitled to submit a complaint to Underdog.

Underdog’s Privacy Compliance Officer will investigate all complaints concerning compliance with Underdog’s privacy policies and information and privacy law. The Privacy and Compliance Officer will make every reasonable effort to resolve complaints including, if necessary, recommending changes to policies and procedures. The complainant will be informed of the outcome of the investigation regarding their complaint.

Any individual may seek advice, or a review of Underdog’s decisions relating to requests for access to information, from the Office of the Information and Privacy Commissioner for British Columbia (at 250.387.5629, info@oipc.bc.ca or oipc.bc.ca) and, if appropriate, file a written complaint with the Commissioner’s office. However, individuals are encouraged to use Underdog’s information and complaints procedures first.

24. Contacting us

Any inquiries about this privacy statement or any of our other privacy documentation should be directed to our Privacy and Compliance Officer at:

Privacy Compliance Officer

Underdog Strength and Conditioning Inc.

Email: steven@underdogunleashed.com 

Telephone: 778-995-6812