GENERAL TERMS AND CONDITIONS OF USE FOR Apte Fitness
Please read these general terms and conditions of use (hereinafter "Terms") carefully before browsing the website of aptefitness.com (hereinafter referred to as the "Website" or "Site").
Last updated: October 1st, 2024
Introduction
These general terms and conditions of use govern your interaction with the website of Apte Fitness (hereinafter "Company", "We", "Our", "Us"). By accessing or using this site, you acknowledge that you have read, understood and agree to be bound by these terms. If you do not agree with all these terms, do not use our site.
These terms may be updated or modified at any time without prior notice. Continued use of our website after a change signifies acceptance of the new terms. We advise you to review this page regularly to stay informed of any updates.
Site Limitation
Our site provides general information about our company and the services offered.
Use of the Site
By browsing and using our site, you agree to comply with certain rules to ensure a secure and respectful environment for all. You must not use our site for illegal or harmful purposes, or in any way that contravenes these terms. In particular, you must not compromise the integrity and performance of the site or the services offered.
When using the site, you agree that you are specifically prohibited from:
By enforcing these rules, we ensure that our site remains a safe and friendly space for everyone.
Disclaimer
While we endeavour to keep the information on our site accurate and up to date, we cannot guarantee its completeness, timeliness, or absence of errors. The content provided is for informational purposes and is not intended to substitute any specific professional advice, including but not limited to medical, legal, or financial matters. Should you face any issues that require professional guidance, we urge you to seek assistance from a qualified expert.
We expressly disclaim any liability for damages that may arise from the use of our site, whether such use is in line with or contrary to the instructions and guidelines set forth in these terms. The site is subject to periods of unavailability and potential inaccuracies, and we do not warrant uninterrupted access, immediate correction of defects, or that the site and its servers are devoid of harmful components such as viruses or malware.
Our site and the content provided on it are offered to you 'as is' and 'as available', without any warranty, either express or implied, to the fullest extent permissible under applicable law.
Intellectual Property
All content specific to our website, with the exception of code and third-party generated content as defined below, is the exclusive property of our company or its licensors and is protected by copyright laws. These rights encompass all items subject to copyright, trademarks, or patents. The trademarks displayed on our site are owned, registered, and/or licensed by us.
These rights include various elements such as text, designs, graphics, interactive features, and any other related material.
These elements are considered a collective work, protected under Canadian copyright legislation or any other relevant intellectual property law.
No part of our site may be reproduced, distributed, or transmitted without our prior permission. Our explicit consent is required for any use of the site content. All rights are reserved.
External Content (hereinafter "third-party generated content")
The term "external content" refers to any material or information, including, but not limited to, communications, data, opinions, images, user profiles, messages, annotations, links, text, designs, graphic illustrations, audio tracks, video clips, or any other form of content that third-party users may post or share via our site. This third-party generated content is not directly under our control, nor does it necessarily reflect our opinions or values, and it is distinct from the content that we own or create directly.
Privacy Respect
Your privacy is paramount to us. All personal data you share with us (hereinafter "Personal Information") is safeguarded with the utmost confidentiality. When you use our website, you may provide us with personal data. By submitting your personal information, you consent to its processing both within Canada and in any other country where our business may operate.
We automatically process certain passive information gathered through essential cookies ("Cookies"), and any additional Cookies for which you give us consent. This personal information may be analyzed to improve user experiences or to refine our marketing efforts. To achieve these goals, we may share data with third-party partners under strict privacy conditions.
However, exchanges over the Internet can be intercepted, lost, or modified. By using our site and communicating electronically with us, you acknowledge that the information you transmit is not considered confidential or exclusive, except in accordance with applicable laws. Furthermore, note that unsecured emails over the web can be intercepted, lost, or altered.
Should you prefer to restrict our access to certain passive information collected via cookies and similar technologies, you have the option to deactivate cookies in your web browser settings. Be mindful that deactivating cookies may affect the functionality of our website. Additionally, this does not prevent the collection of information you directly provide to us, like your email address.
By navigating our website and sending us your personal data via email, you are affirming your agreement with our terms of use and the practices described in our Privacy Policy regarding the collection and processing of your personal information.
Utilization of Content Provided by the Entity
While using the site, we may provide you with information, including, but not limited to, documents, data, or other resources designed by us (hereinafter "Entity Content"). This content is intended solely to facilitate your use of the site and the services offered. No provision herein should be construed as granting you a license or rights to our intellectual property.
Technical and Security Restrictions
You are prohibited from:
Anti-Spam Efforts
It is strictly forbidden to use the site or its associated services for illegal actions related to the sending of spam emails, whether to collect email addresses and personal data of others or to send promotional emails in bulk.
Mode of Communication
The primary communication with users will be via email. We may also send you notifications or updates through this medium. Make sure to regularly check your inbox.
Registration
You commit to providing accurate and up-to-date information. You are fully responsible for the confidentiality of your password and any activity on your account. Any abuse or violation of these terms may result in the suspension or deletion of your account.
Fees
For any paid service, the payment, refund, and other terms will be detailed. Please read these terms carefully before making any payments.
Reviews and Comments
Users may occasionally leave reviews or comments. These comments must remain respectful and relevant. We reserve the right to moderate, edit, or delete any comment deemed inappropriate or harmful.
Limitation of Quantity
We reserve the right to limit the quantity of products or services you may access on our site at our sole discretion.
Resale Prohibition
The products and services accessed on our site are intended for personal use and must not be resold or commercialized without our prior written consent.
Limitation of Liability
We, our affiliates, suppliers, or partners shall in no case be held liable for direct, indirect, incidental, or consequential damages resulting from the use or the inability to use this website.
Possible Site Interruptions
We may occasionally suspend your access to our site for maintenance or unforeseen emergencies. You acknowledge that access to our site may also be interrupted without notice for various reasons beyond our control. We disclaim any responsibility for damages or losses resulting from such interruptions.
Indemnification
You agree to protect, indemnify, and hold us and our associated entities harmless from any claim, lawsuit, or demand, including legal fees, which may result from your improper use of our site, violation of these terms, or your actions and conduct.
If we choose to defend ourselves, we reserve the right to select our own legal counsel and take over our defence.
External Links
This site may contain links to other websites. These links are provided for users' convenience. We are not responsible for the content or practices of these external sites, nor for damages or losses related to the use of third-party services linked from our site. Their inclusion does not imply our endorsement.
Modifications
We reserve the right to revise and modify these terms of use at any time by updating this policy. Users are encouraged to review them regularly. Your continued use of our site after such modifications indicates your acceptance of these changes.
Severability
If any legal clause of these terms is found to be unlawful, void, or unenforceable, whether in whole or in part, such provision shall not affect the validity and enforceability of the remaining clauses of these terms of use.
Governing Law and Jurisdiction
These terms of use are governed by and construed in accordance with the laws of Canada, without giving effect to any principles of conflicts of law. Any dispute arising out of these terms shall be subject to the exclusive jurisdiction of the competent courts of the province of Quebec, Canada.
International Access and Use
Although our site is accessible internationally, it is managed from Canada. Users must consider local laws and potential geographic restrictions. These terms are governed by the laws of Quebec, Canada.
Entire Agreement
These general terms of use constitute the entire agreement between you and us, and supersede all prior communications or agreements whether oral or written, regarding the subject matter hereof.
Waiver
Our failure to exercise or enforce any right or clause of these general terms of use shall not constitute a waiver of such right or provision.
Revocation Rights and Restrictions
We reserve the right to suspend or terminate your access to our site if you fail to comply with these general terms of use or for any other reason at our sole discretion.
Complaint Process
If you wish to file a complaint or report inappropriate content, please contact our Privacy Officer whose information is provided on the contact page of our website. We will consider each complaint and strive to resolve it promptly.
Contact
For any questions or concerns, or to obtain further information regarding these general terms and conditions of use, please contact us at simon@aptefitness.com.
PRIVACY POLICY OF Apte Fitness
Please carefully review this privacy policy before browsing aptefitness.com (hereinafter referred to as the "Website" or "Site").
Last updated: November 1, 2023
Introduction
The protection of your privacy is of the utmost importance to Apte Fitness (hereinafter "Company", "We", "Our", "Us"). This privacy policy (hereinafter "Policy") is intended to inform you about how we handle your data, your rights regarding your personal information, and how we protect it, all in accordance with our updated privacy policy to comply with the Act to modernize legislative provisions as regards the protection of personal information.
Through this policy, we aim to manage your personal information transparently, carefully, and in compliance with Bill 25 (enacted on September 22, 2021).
This policy is intended to define:
This privacy policy supplements our website's General Terms and Conditions of Use.
How Your Information Is Used
By choosing to do business with us, you agree that our company, its affiliates and partners may collect and use your personal information and that of the individuals you represent.
Your personal information will be collected and used, in particular, to:
Your information may also be used to:
Your personal information may be disclosed to someone associated with your account with us or to a supplier or partner of our company, especially when we act as a sales intermediary, and to providers of technology solutions, including those outside Quebec.
Your Rights Regarding Your Information
You have the right to access, review, and correct your personal information that we hold. Additionally, where applicable, you may withdraw your consent regarding the processing of your personal data for certain purposes.
Complaint Process
If you wish to file a complaint or report inappropriate content, please contact our Privacy Officer, whose contact information is on our website's contact page. We will consider each complaint and strive to resolve it promptly.
Collection of Information
Automatically Collected Information: Essential cookies do not retain personal data and ensure optimal functioning of our site, managing connection, security, and your personal settings. These cookies respond to various actions on your part and are crucial for smooth navigation. When you browse our site, certain information such as your IP address, browser type, pages visited, and the duration of your visit may be collected automatically for better management and improvement of the site. Even if your browser can be configured to block such cookies, disabling them may impair certain functions of the site and is not recommended.
Information Collected with Permission: Cookies are text files that optimize your online experience. In accordance with the law, third-party cookies for personalization require your consent. You can adjust your choices at any time via the cookie icon at the bottom of your screen. These details, relating to you, your preferences, or your device, aim to optimize the site's functioning according to your expectations and may allow personalization of your web experience without directly identifying you.
Voluntarily Provided Information: We collect this personal data through the form you fill out when contacting us. During any direct interaction with our website, such as making an appointment, joining, or registering, we may ask for and collect details such as your name, email, phone number, or any other relevant information.
Use of Information
The personal information we collect may be used to improve our website and services, respond to your questions or requests, manage appointments, send you information on our services or special offers, conduct statistical analysis to improve our service, or manage and enhance the functioning of our website.
Use of Data for Marketing Purposes
Your personal data may be utilized to send you communications regarding information and special offers pertinent to our services. Should you prefer not to receive such marketing materials, you have the right to opt out at any time.
Minors
Our website is not intended for individuals under the age of 18. We do not knowingly collect data from minors without the explicit consent of their parents or guardians. If you are a parent or guardian and become aware that your child has provided us with information without your consent, please contact us so we can take appropriate measures.
Personal Information Sharing
We commit to not market or sell your information to third parties. However, we may collaborate with third-party service providers for specific operations. These partners are required to protect your data and not use it for any other purposes.
Your personal data is kept in a secure environment. We have implemented appropriate security measures to ensure the protection of your information and to safeguard it from any loss, alteration, or misuse. All of our employees are obliged to ensure the confidentiality of your data. To optimize the security of your information, we implement the following actions:
We are dedicated to ensuring high confidentiality, relying on the most recent technological advancements to secure your interactions. However, as no solution is infallible, transmitting personal information over the Internet always carries a certain level of risk.
Log Files and Cookies
Our site uses log files and cookies to collect certain information to improve your experience. Cookies are small files stored on your browser that save data such as your IP address, the operating system you use, the pages you visit and requests, the time of your visit, and the connection day.
These tools help us analyze the behaviour of our visitors, improve your browsing experience, and provide a more personalized service. We also use tracking technologies to analyze usage trends.
We seek your consent to use these cookies. We retain your personal data as long as necessary to fulfill the purposes for which they were collected, such as providing the services you have requested. However, some legislation may require us to keep this information for a longer period, as is the case for tax reasons. After this period, we will ask for your consent again to store cookies on your hard drive.
You can choose to decline the use of cookies by customizing our website's cookies at any time, except for essential cookies necessary for navigation, or by changing your browser settings. We use your personal data only for the purposes for which you have given your consent at the time of collection. You will still be able to navigate our site after disabling cookies. However, if you experience technical issues as a result of this deactivation, please be aware that we cannot be held responsible.
Functioning of Third-Party Cookies
Our website integrates third-party software that may use cookies for various purposes, such as improving performance, delivering targeted advertising, or personalizing your browsing experience. You will find a complete list of these softwares in the "Customize" section of this banner. Rest assured that these softwares will only deploy nonessential cookies after obtaining your prior consent.
Specific Policy for Deletion Requests
Right to Refusal and Erasure: You have the option to refuse to allow the site to process your personal information ("right to object"). Furthermore, you have the right to request the deletion of your data, such as having it removed from a mailing list ("right to erasure").
If you request the deletion of your personal data, be aware that certain functionalities of the site, such as appointment scheduling, may no longer be accessible to you. If you have questions regarding the deletion of your data, please do not hesitate to contact us.
Data Portability
Right of Access and Rectification: You have the right to receive the personal data you have provided to us in a structured, commonly used, and machine-readable format. You also have the right to transfer this data to another controller without hindrance from us.
You have the right to request a copy of the information we hold about you, correct any inaccuracies, or request deletion of your data. To exercise these rights, please contact us.
Consent and Withdrawal of Consent
By using our site, you confirm that you are aware of our privacy policy and understand how we collect, process your personal data and use cookies.
If you wish to withdraw your consent regarding the use of your data, please contact us.
Duration of Personal Information Retention
Your personal information is kept in reasonable security conditions. It is stored in our database for the time necessary to achieve the purposes for which it was collected.
Hosting
All your information is stored and managed in accordance with Law 25, thanks to our hosting partner. For any questions related to hosting, please do not hesitate to contact us.
International Data Sharing
In some cases, your data may be transferred and processed outside of Canada. In such events, we ensure that appropriate measures are in place to protect your data in accordance with this privacy policy.
Changes to This Policy
Our privacy policy may evolve according to needs or regulatory changes. Therefore, we recommend that you regularly consult this page to be aware of any updates.
External Links
For your convenience, our site may contain links to other sites. We are not responsible for their privacy practices or the content of these external sites, and we encourage you to read their respective policies.
Legislation
We are committed to complying with regulations stipulated by:
Identification of the Compliance Officer
For any questions related to the protection of your personal data, please contact our Privacy Officer, whose information is available on the contact page of our website.
Complaint to the Supervisory Authority
If you believe that the protection of your personal data has not been respected, please inform us as soon as possible so that we can take the necessary measures.
At any time, you have the right to file a complaint with the competent supervisory authority.
Measures in Case of Data Breach
We commit to informing the affected users and the competent authorities, namely the Commission d’accès à l’information du Québec ("CAI"), as soon as possible following the discovery of a data breach that could pose a risk to the rights and freedoms of individuals.
Contact
If you have any questions, concerns, or requests related to your personal data, please do not hesitate to contact us at simon@aptefitness.com.