My Viva Plan Privacy Policy

(Updated March 2018)

• Our Commitment to Privacy
• My Viva Plan (MVP) is subject to the Alberta’s Personal Information Protection Act (PIPA) and any other applicable legislation of our public-sector clients. MVP and is committed to protecting the privacy of individuals who participate in our programs, and our staff. It’s MVP’s goal to not only meet the requirements of Alberta’s privacy laws, but to exceed the requirements by implementing “best practices” with respect to the collection, use, and disclosure of personal information.
• In addition, MVP requires our third-party service providers to demonstrate full compliance with our privacy obligations, principles and processes outlined in this policy.
• About My Viva Plan
• “My Viva Plan” (MVP) is an online lifestyle program/tool designed to address corporate wellness at the individual level and is a program administered by Revive Wellness Inc. The program provides you with health and fitness tools to help you visualize how your actions and behaviors impact your personal and professional journey. Participating in the program starts by completing your online customer profile at “My Viva Plan” (MVP).
• Revive Wellness Inc’s, is an industry leader in up-to-date, evidence-based nutritional, physical and emotional wellness coaching. Through this coaching, they help motivate and empower Canadians in achieving their goals to live with energy, vitality and health. This program provides support and expertise/advice and guidance on physical/emotional health, sports nutrition, weight loss, disease management, and anything else they may have on their plate.
• Consent
• By registering to use our services, you consent to the use of your Personal Information as described in this Privacy Policy. Except as set forth in this Privacy Policy, your personal information will not be collected or used for any other purpose without your consent. We will not actively collect personal information for the purpose of sale or marketing in a way that specifically identifies you. In other words, we don’t sell user data. You may withdraw your consent to our processing of your personal information at any time. However, withdrawing consent may result in your inability to continue using our services.
• By using the Service (whether through the MVP website or our mobile applications), MVP Users consent to the collection and use of information as described above. MVP will restrict use of personal information to those purposes unless otherwise agreed between the MVP User and MVP.
• What type of information does MVP collect?
• MVP collects personal information for a variety of purposes in support of our programs. Other than initial contact information (full name, email address, phone number, user name and password, city, province, and country of residence), only that information which relates directly to and is necessary for the delivery of our services is collected as provided by you (age, gender, height, weight, lifestyle habits,
• Current and historical medical information, as well as short and long-term goals) in support of the above noted services we provide. We do not collect personal information unlawfully or unfairly. We collect personal information provided directly from individual MVP Users of the Service and store it on their behalf. We do not collect personal information indirectly unless this collection has been consented to by you in advance. You may correct and update your personal information at any time through the website or our mobile apps. We rely on you to ensure the information you provide to us is accurate and up to date.
• Information Obtained Automatically - Cookies
• A cookie is a small data file that websites commonly send to browsers. A cookie file contains information that can identify users. We use cookies only if a user selects “remember me” for automatic sign in. Cookies don't identify people personally, but rather identify an individual’s computer when they visit our site (which could potentially enable your identification). A cookie cannot read data off hard disks or read cookie files created by other sites. MVP will not use this computer identification to further identify individual users. A browser can be set to warn the computer user before accepting cookies. In this case, the computer user will receive the warning message with each cookie. The computer user may choose to refuse cookies by turning them off in their browser. Users do not need to have cookies turned on to use the majority of the MVP website, however you may need to turn them on should you select “remember me” for automatic sign in.
• Use of Personal Information
• Collected personal information will only be used by authorized MVP staff/coaches, to fulfill the purpose for which it was originally collected, for specific purposes if directed by the individual from whom the personal information is being collected, or for a use consistent with the original purpose.
• We use the personal information you provide regarding your health history, current health issues, eating and exercise habits to develop individual plans to assist with weight management, sports nutrition, prenatal and postnatal care, disease management, dietary restrictions, allergies and gut health. On a corporate level, we will assist your Corporate entity to promote the long-term health of your employees. Additional services include: body composition, nutrigenomics and recipe analysis.
• We use aggregated, anonymized information collected through the Service only (eg. demographic information about our users) to improve our Services and for other analytical purposes.
• Personal Information Disclosures
• MVP and our service providers treat personal information in our custody and/or control with the highest degree of confidentiality and only disclose it for the purpose of the program for which it was collected, or as required by law, or in specific circumstances, with consent of the relevant individual.
• We have put in place contractual and other organizational safeguards with our staff/coaches to ensure a proper level of protection of your personal information.
• MVP does not sell, share or disclose your personal information to others for any type of mailing list. In addition to these measures, we will not disclose or transfer your personal information to third parties without your permission, except as specified in this Privacy Policy.
• From time to time we may employ third parties to help us improve the MVP website and/or the Service. These third parties may have limited access to databases of personal information solely for the purpose of helping us to improve the website and/or the Service. They are also subject to contractual restrictions prohibiting them from using or disclosing the information about our members for any other purpose.
• Our servers are located in Canada; however, your personal information may be available to the Canadian government or its agencies under a lawful order, irrespective of the safeguards we have put in place for its protection.
• Security - What safeguards are in place?
• MVP protects your personal information by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal. Security measures have been integrated into the design, implementation and day-to-day operating practices as part of MVP’s commitment to the protection of personal information it holds.
• Closing your Account/Deletion of Personal Information
• When you delete an account, any personal identifiers will be permanently deleted from the Service. Deleted information is removed from the Service immediately and your account (including all identifying information held within your account) is no longer accessible by you or anyone with whom it was shared. However, because MVP maintains information back-ups to ensure the safety of our users' information, your information may remain in backup copies and logs for up to one month. MVP will also maintain and store your personal information in Canada for the duration of our services to you.
• To delete your account, contact us at support@myvivaplan.com.
• Provide your first and last name and email address associated with your MVP account. We will confirm your account deletion and your records will be removed from the system within two business days.
• Access to Information
• As a My Viva Plan member you are entitled to access all personal information that we have in our custody and control. You may access your own personal information via your online account, or if you would like to request our staff to access your information for this purpose please provide us with your username and we will generate a copy of your information. To request a copy of specific personal information not available online, please submit a request in writing to: support@myvivaplan.com We will respond to all requests for information within 30 days or sooner if possible.
• Policy Updates
• Privacy policy updates will be reflected on this page so that visitors to the site and users of the Service are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Users of the Service will be notified via the email address associated with their account, and upon login to the MVP website or mobile app MVP reserves the right to update this privacy policy at any time.
• Compliance with Privacy Laws
• MVP complies with applicable laws and regulations of the relevant jurisdiction within which MVP operates at any given time. Personal information is collected, used and disclosed in accordance with this policy and all applicable privacy protection laws as required by each jurisdiction. MVP commits to ensuring that any and all applicable privacy legislation is reviewed annually to ensure that any changes to existing privacy legislation is reflected within its policies and practices.
• Privacy Compliance Officer
• MVP has appointed a knowledgeable individual within its organization to be responsible for privacy compliance. It is the Privacy Officer’s responsibility to monitor and enforce this policy. Failure to comply with the requirements of this policy may lead to disciplinary action up to and including termination.
• If you have any questions concerning MVP’s Privacy Policy, please contact Loreen Wales, CEO and Privacy Officer at 780-450-2027.

Terms of Use

THESE ARE THE CONDITIONS OF ALLOWING YOUR USE OF https://myvivaplan.com (the “Site”).

• BY ACCESSING OR USING THIS SITE YOU REPRESENT THAT YOU HAVE THE FULL AUTHORITY TO ACT TO BIND YOURSELF, ANY THIRD PARTY, COMPANY, OR LEGAL ENTITY, AND THAT YOUR USE AND/OR INTERACTION, AS WELL AS CONTINUING TO USE OR INTERACT, WITH THE SITE CONSTITUTES YOUR HAVING READ AND AGREED TO THESE TERMS OF USE AS WELL AS OTHER USAGE AGREEMENTS THAT MAY BE POSTED ON THE SITE.
• BY VIEWING, VISITING, USING, OR INTERACTING WITH THE SITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THE SITE.
• THE SITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL TO WHOM THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) OF 1998 APPLIES.
• THE SITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY LAWFUL REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, https://myvivaplan.com IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
• THIS TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO ACCESS THE SITE, TO KEEP THEMSELVES INFORMED OF SUCH CHANGES BY REVIEWING THIS TERMS OF USE PAGE EACH TIME THEY VISIT THE SITE.

• PARTIES TO THE TERMS OF USE AGREEMENT
• Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The Site and its owners and/or operators are parties to this agreement, herein referred to as “Site.”

• USE OF INFORMATION FROM THIS SITE
• Unless you have entered into an express written contract with the Site to the contrary, Visitors have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of the Site. By accessing the contents of the Site, you agree to this condition of access and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitors have no rights whatsoever to use the content of the Site, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the Site may contain, for any reason or for any use whatsoever. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, Visitors agree to compensate the owners of the Site with liquidated damages in the amount of no less than $100,000 (CDN), or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. Visitors warrant that they understand that accepting this provision is a condition of accessing the Site and that accessing the Site constitutes acceptance.

• OWNERSHIP OF SITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS SITE
• The Site and its contents are owned or licensed by the Site’s owner. Material contained on the Site is presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the Site content. Use of Site content for any reason is unlawful unless it is done with expressed contract or permission of the Site.

• HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
• Unless expressly authorized by this Site, Visitors may hyperlink the Site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Furthermore, Visitors are not permitted to reference the URL (Site address) of the Site or any page of the Site in any medium without express permission from the Site, nor are Visitors allowed to ‘frame’ the Site. Visitors specifically agree to cooperate with the Site to remove or de-activate any such activities, and be liable for all damages arising from violating this provision. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, Visitors agree to compensate the owners of the Site with liquidated damages in the amount of not less than $100,000 (CDN), or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. Visitors warrant that they understand that accepting this provision is a condition of accessing the Site and that accessing the Site constitutes acceptance.

• DISCLAIMER FOR CONTENTS OF SITE
• The Site disclaims any responsibility for the accuracy of the content appearing at, linked to on, or mentioned on the Site. Visitors assume all risk relating to viewing, reading, using, or relying upon this information. Unless Visitors have otherwise formed an express contract to the contrary with the Site, Visitors have no right to rely on any information contained herein as accurate. The Site makes no such warranty.
• DISCLAIMER FOR HARM CAUSED TO VISITORS’ COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS SITE OR ITS CONTENTS. VISITORS ASSUME ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
• The Site assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the Visitor’s computer. Again, Visitors view and interact with the Site, or banners or pop-ups or advertising displayed thereon, at their own risk.

• DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
• Visitors download information from the Site at their own risk. The Site makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

• LIMITATION OF LIABILITY
• By viewing, using, or interacting in any manner with this Site, including banners, advertising, or pop-ups, downloads, and as a condition of the Site to allow lawful viewing, Visitors forever waive all rights to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or commercial in nature. For any jurisdictions that may not allow for these exclusions, the Site’s maximum liability will not exceed the amount paid by Visitors, if any, for using the Site or service.
• Additionally, Visitors agree not to hold the Site liable for any damages related to issues beyond our control, including but not limited to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within our control.

• INDEMNIFICATION
• Visitors agree that in the event they cause damage to the Site or a third party as a result of or relating to the use of the Site, Visitors will indemnify the Site for, and, if applicable, defend the Site against, any claims for damages.

• SUBMISSIONS
• Visitors agree as a condition of viewing, that any communication between Visitors and the Site is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Site and may be used, without further permission, for commercial use without additional consideration of any kind. Visitors agree to only communicate that information to the Site, which it wishes to forever allow the Site to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

• NOTICE
• No additional notice of any kind for any reason whatsoever is required to be given to Visitors and Visitors expressly warrant their understanding that any right to notice is waived as a condition for permission to view or interact with the Site.

• DISPUTES
• As part of the consideration that the Site requires for viewing, using or interacting with this Site, Visitors agree to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
• Arbitration shall be conducted pursuant to the rules of the Canadian Arbitration Association which are in effect on the date a dispute is submitted to the Canadian Arbitration Association. Information about the Canadian Arbitration Association, its rules, and its forms are available from the Canadian Arbitration Association, 180 Duncan Mill Road, 4th Floor, Toronto, Ontario, M3B 1Z6. Hearing will take place in the city of Edmonton, Alberta, Canada.
• In no case shall Visitors have the right to go to court or have a jury trial. Visitors will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
• The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

• JURISDICTION AND VENUE
• If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Visitors agree to that the sole and proper jurisdiction is the Province of Alberta, Canada unless otherwise herein specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the owner of the Site’s address.
• APPLICABLE LAW:
  Visitors agree that the applicable law to be applied shall, in all cases, be those of the Province of Alberta and where applicable the Federal Laws of Canada.

CONTACT INFORMATION

• The Seller of this product is: My Viva Inc.
• Mailing Address: 3728-91 Street NW Edmonton, AB T6E 5M3 Canada
• Contact Email: support@myvivaplan.com