Last updated on April 5, 2021.
When used in this policy, “Personal Information” means any information about an identifiable individual. Information that is aggregated and/or de-identified and cannot be associated with an identifiable individual is not considered to be Personal Information.
Sometimes your consent will be inferred from the circumstances and, in particular, where the uses and disclosures are readily apparent at the time we collect the Personal Information. For example, if you send us an email requesting certain information, we will use the email address in your email to send you the requested information without asking you if we can do so; your consent will be implied in those circumstances. As well, we will assume your consent to the collection, use and disclosure of your Personal Information for a particular purpose if you voluntarily provide the information for that purpose.
You may change or withdraw your consent at any time on reasonable notice by contacting us as set out below. If you withdraw certain consents, it may limit the manner in which you can otherwise interact with us. For clarity, your ability to change or withdraw consent is not absolute. We reserve the right to continue handling your Personal Information in those circumstances required or permitted by law despite a change or withdrawal of consent.
2. PERSONAL INFORMATION WE COLLECT
We collect Personal Information directly from you, through in store technologies, or when you otherwise interact with us.
We collect information Personal Information as follows:
Personal Information You Provide: We collect Personal Information when you (i) provide it to us to access a Service (for example, when you sign up for a newsletter or email information service), (ii) provide it to Store personnel (for example, upon checkout), (iii) provide it to us in order to measure your feet and/or gait using in-Store technology, (iv) provide it to us to receive custom insoles, or (v) when you order product through www.newbalance.ca that will be picked up from, or fulfilled by, a Store. The Personal Information collected during these interactions may vary based on what you choose to share with us, but it will generally include name, address, email address, and phone number.
Foot Measurement Solutions: We may offer in Store solutions that utilize various technologies to assist you in finding shoes and/or insoles best suited to your feet (“Foot Measurement Solutions”). We collect the Personal Information described below depending on which solution you use.
· Feet Measurement: Our Stores may collect data from you if you choose to have your feet scanned for the purpose of obtaining feet measurement data and/or product recommendations. Our Stores uses scanning technology provided by Volumental AB that creates a three dimensional (“3D”) pixelated scan image of your feet and displays key measurement metrics, such as foot length, width, and arch height, to enable a proper fit recommendation matched to your needs, including shoe size and/or style recommendations. The following information from which you are not identifiable is collected and/or displayed via the Volumental scanning solution: gender, raw scan data (images captured to create 3D scan images) and scan images, measurement data, shoe size and sizing recommendations and, if you made a purchase, the time of purchase, shoe purchased, anonymous scan ID and store where the purchase was made.
· FitStation by HP: Our Stores may collect data from you if you choose to have your feet measured for the purpose of finding optimally sized insoles, including the creation of custom insoles. We offer a solution that integrates the Volumental scanner (described above) with a pressure plate from FitStation by HP that is used to provide insole products made by Superfeet Worldwide, Inc. Superfeet FitStation by HP collects pressure data that is combined with the Volumental 3D scan to assist with recommending insoles correctly fitted to your feet. If you choose to have a custom insole made, we will also collect your name, weight and shipping address that, along with your pressure plate data, is used by Superfeet to create and ship your custom insoles. Alternatively, your insoles can be shipped to our Store for pickup.
· Stride ID Experience: Our Stores may also collect data from you if you choose to participate in the Stride ID Experience which combines the Volumental and/or FitStation by HP technology described above with New Balance’s StrideID gait analysis technology to assist athletes with finding shoes for their optimum performance. When you participate in the Stride ID Experience, in addition to the information collected and displayed by Volumental and/or Superfeet as described above, we will create a video of your lower legs while you run in order to perform a gait analysis, which includes determining your gait measurement and type. You may have the option to receive a copy of your 3D foot scan image (if applicable, a snapshot image from your gait analysis video), and if you choose to receive either or both of these, we will collect your name, email address, phone number and age range, and we will send you an email with a link to view the image(s). We do not share your name, email address, phone number or age range with Volumental.
Data We Receive Automatically From Your Use of the Services: In our Stores, we may collect or receive data and information about things such as the volume of customer traffic in the store and the volume of transactions concluded in a particular store. CCTVs are used for the purposes of safety, security, and crime prevention. We store footage from these CCTVs locally and share with law enforcement if required.
Commercial Electronic Messages: In delivering Commercial Electronic Messages (‘CEMs’) to you, we will first ensure we have your consent as required by Canadian Anti-Spam Legislation (‘CASL‘). Such consent may be express or it may be implied as set out in CASL.
· How We Use CEMs: We use a third-party company to help deliver targeted CEMs to you and they may use your Personal Information, including your purchase history as well as other data collected through the Services, in order to offer you personalized product offerings, promotions, and offers.
· Data Collected Through CEMs: We and our service providers use pixel tags (described below) to let us know when you have opened an HTML email from us. Using this information, we are able to understand how Customers use our Services. This allows us to learn what CEMs are most attractive to a Customer, which parts of the Services are the most interesting, and what kind of offers a Customer likes to see. This information is collected and tied to specific Customers. This information is used for purposes of improving the Services and better responding to a Customer’s interests and needs and used to send future targeted CEMs.
· Specifically, we and these service providers:
o may collect certain information about you (including through the use of pixel tags and other tracking technologies), including your name, address and email address, as well as your transaction history, in order to serve advertisements or provide other advertising services to you, including email, display media and direct mail; and
o may use non-personally identifiable information (e.g., browser type, time and date, or location data, and device type) in order to provide advertisements about goods and services likely to be of greater interest to you. This information is collected and tied to specific Customers.
· Pixel tags are tiny graphic images that allow us or our service providers to create analytic information regarding a Customer, and also allow us to know when a Customer has opened an HTML email from us. Tracking through our CEMs may be disabled at any time by opening in our messages in plain-text rather than HTML.
Notwithstanding any of the foregoing, in dealing with us you will have the ability to control the amount of Personal Information you provide to us and therefore you may restrict the disclosure of Personal Information we collect from you by not providing Personal Information to us in the first place. However, if you choose to limit the Personal Information you provide, it may limit the manner in which you can interact with us.
3. HOW WE USE PERSONAL INFORMATION
We generally use your Personal Information to provide our Services, to manage our business operations, to communicate offers and information we think might interest you, to generally enhance your customer experience with us, and as otherwise authorized or required by law.
More specifically, we may use Personal Information for the following purposes:
· To provide our Services;
· Using payment method information that you provide to us so that we can obtain payment for the products and services that you request;
· To respond to your inquiries, comments, feedback, or questions;
· To send administrative information to you, for example, information regarding our Services, and changes to our terms, conditions, and policies;
· To analyze how you interact with our Services to assist us in developing and enhancing our Services;
· To maintain and improve our Services, including the content and functionality of our Services;
· To develop new products and services;
· To prevent fraud, criminal activity, or misuses of our Services, and to ensure the security of our premises, IT systems, architecture and networks and;
· To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or other third parties.
Aggregated Information: We may aggregate Personal Information and use the aggregated information to analyze the effectiveness of our Services, to improve and add features to our Services, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Services and share aggregated information like general user statistics with prospective business partners.
Marketing: We may use your Personal Information to contact you to tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your residential address, we may send you information about a special offer to your home. In addition, if at any time you do not wish to receive future marketing communications, you may contact us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications, but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests.
Data Storage: Some of our third-party service providers operate in the United States. Information transferred to these service providers will also be subject to both Canadian and U.S. law and may be subject to a disclosure order under that law. Please note that the U.S. government may require that organizations under their jurisdiction, including our service providers, deliver information, including Personal Information, that is in the control of that organization to the government. This is often done without notice to or the consent of the affected individual.
4. SHARING AND DISCLOSURE OF PERSONAL INFORMATION
In certain circumstances, we may share your Personal Information with third parties without further consent from you, including with our service providers, in the course of a business transaction or when required or authorized by law. We may also share anonymized data with certain third parties.
More specifically, we may share your Personal Information as set forth below:
· Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Information with vendors and service providers, including providers of hosting services, cloud services and other information technology services providers, event management services, email communication software and email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services. Pursuant to our instructions, these parties will access, process or store Personal Information in the course of performing their duties to us. With respect to service providers assisting with electronic communication, we will ensure that all communication is compliant with Canadian Anti-Spam Legislation.
· Foot Measurement Solutions
o Where you elect to have your feet scanned using the Volumental scanner, we share the following information with Volumental from which you are not identifiable: raw scan data, 3D scan image, measurement data, shoe and sizing recommendations, and purchase information (time of purchase, shoe purchased, anonymous scan ID and store). We do not share any Personal Information (such as your name, email address or phone number) with Volumental. Volumental uses the data we share to provide the foot scanning and recommendation services, and for its internal research and product development.
o Where you elect to use FitStation by HP for insole recommendations, we share non personally identifiable pressure plate data with Superfeet. If you purchase custom insoles, we will share your name, weight and shipping address with Superfeet who will use this information solely to create and ship your insole product.
Legal Requirements: As well, the law permits or requires the collection, use and disclosure of Personal Information without the knowledge or consent of the individual in a number of circumstances. We reserve the right to collect, use and disclose your Personal Information in these circumstances without your knowledge or consent as the law may permit or require, including to: (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (v) protect against legal liability, we may share your Personal Information as permitted.
5. CONTACTING OR COMMUNICATING WITH US
· have any questions with respect to our privacy policies or practises;
· have any questions with respect to our handling of your Personal Information;
· if you wish to request access to or correction of your Personal Information under our care or control; or
· if you are dissatisfied with our handling of your Personal Information,
please contact us at:
Attention: Privacy Officer
Contact: fit4balance inc.
4-1232 Yonge Street, Toronto, ON, M4T 1W3