Last modified: October 1, 2020
TERMS AND CONDITIONS, PRIVACY POLICY AND DISCLAIMER
Welcome!
The material appearing on this website https://www.finetunepilates.ca (this “Site”), is provided as information about Fine Tune’s business, community, and people, and as a platform for online connection. The owner of this Site, Fine Tune and its directors, agents, employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on the Site or material linked to this Site.
Any information on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion. By using this Site, you accept and agree that following and using any information or recommendation provided on this Site is at your own risk.
TERMS AND CONDITIONS
Please read the following carefully! Your access to and use of this Site is subject to legally binding terms and conditions which you accept and agree to by accessing this Site.
The following terms and conditions (“Terms and Conditions”) form a binding agreement (this “Agreement”) between you and Fine Tune Pilates Inc., a corporation operating out of the Province of Ontario (“Fine Tune”). Fine Tune may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions.
Trademark & Copyright. Logos for Fine Tune are trademarks of Fine Tune and its affiliates (the “Marks”). You must obtain written permission from Fine Tune to use the Marks. All materials created by Fine Tune on the Site are protected by Canadian copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to Fine Tune. The contents of this Site are all copyrighted by Fine Tune, unless otherwise noted. You must obtain written permission from Fine Tune to use the contents of the Site in any manner not authorized by these Terms and Conditions.
Links to Third Party Websites. This Site may contain links to third party websites. All such linked sites, materials and pages are not under the control of Fine Tune and Fine Tune is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third party website. Fine Tune accepts no liability for any errors or omissions contained in third party websites. These links are provided to improve your use of this Site, enable you to connect with Fine Tune on various platforms, help Fine Tune offer the easiest services for you and conduct transactions.
Use License. If Fine Tune has materials on the Site which you can download, permission is granted to download copies of the materials for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
3.1 modify or copy the materials;
3.2 use the materials for any commercial purpose or for any public display (commercial or non-commercial);
3.3 transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Fine Tune at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
Refunds. Our refund policy for any of the services or products sold on the Site is as follows: Class purchases can be transferred to another client, but not refunded.
Disclaimer. Our goal is to share information in an informative, open, and honest way. That being said, any information and services provided on or through the Site is for informational and educational purposes only. What we share is the opinion and perspective of Fine Tune. The information and education is not intended or implied to supplement or replace professional advice. Before taking any action, please make sure you consult with a professional.
No Guarantees. We make no guarantees about any particular results or benefit that you’ll get from our Site or our services. We will do everything to give you the tools to succeed, but we make no guarantees. We cannot be any more clear about this: we make no promises regarding results and make no guarantees whatsoever.
Site Terms of Use Modifications. Fine Tune may revise these Terms and Conditions for its Site at any time without notice. By continuing to use the Site after Fine Tune modifies this Agreement, you are agreeing to be bound by the updated version of this Agreement.
Limitation of Liability. In no event shall Fine Tune or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site, even if Fine Tune has been notified orally or in writing of the possibility of such damage.
Governing Law. Any claim relating to Fine Tune’s Site shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions.
Indemnity. As a condition of your use of this Site, you indemnify Fine Tune and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.
Entire Agreement. These Terms and Conditions and any other legal notices, policies and guidelines of Fine Tune linked to these Terms and Conditions or contained on this Site constitute the entire agreement between you and Fine Tune relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Fine Tune. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Failure by Fine Tune to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of that right. Paragraph headings are for reference only.
PRIVACY POLICY
Fine Tune understands how important your privacy is. This privacy policy (the “Privacy Policy”) sets out the privacy policies and practices for Fine Tune Pilates Inc. and its subsidiaries and affiliates (collectively, “Fine Tune”) with respect to how Fine Tune collects your personal information. It also describes how Fine Tune maintains, uses, and discloses personal information. This Privacy Policy also sets out how you can access certain information that Fine Tune may collect about you.
In this Privacy Policy, personal information means information about an individual whose identity is apparent or can be reasonably ascertained from the information as further defined under applicable privacy laws (“Personal Information”).
Please note that the Site may contain links to other third-party websites that are not controlled or operated by Fine Tune. This Privacy Policy does not apply to such third-party websites, and Fine Tune is not responsible for the content of such third-party websites or the privacy practices of such third parties. Fine Tune encourages you to request and review the privacy policies of any third parties upon disclosing your Personal Information to such parties or when visiting such third-party websites.
Consent of Collection of Information. By submitting Personal Information to Fine Tune and its Site or any of its service providers, you agree and consent to the collection of your Personal Information and consent to the use, disclosure and transfer of your Personal Information in accordance with the provisions of this Privacy Policy. You may always refuse or withdraw your consent by contacting Fine Tune at hello@finetunepilates.ca. You understand that if you withdraw your consent, Fine Tune may not be able to continue to offer its services and provide its information to you.
Children Under 18. The Site is not intended for children under eighteen (18) years of age. No one under age 18 may provide any Personal Information to or on the Site. Fine Tune does not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on the Site or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If Fine Tune learns we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe Fine Tune might have any information from or about a child under 18, please contact us at hello@finetunepilates.ca.
Revisions to this Privacy Policy. Fine Tune reserves the right, in Fine Tune ’s sole discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. Fine Tune will treat your continued use of the Site following such revision as your acceptance of the revised terms. All revisions will be posted to the Site and will apply to any Personal Information collected on or after the date posted. Fine Tune will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your Personal Information for purposes other than those to which consent has been obtained, unless otherwise required or permitted by law.
What Personal Information does Fine Tune collect and how is it processed?
4.1 What do we collect? Fine Tune may directly collect your name, address, phone number and email address. There may be other information you provide but that will not be collected by Fine Tune and instead will be collected by the third parties Fine Tune works with as outlined in 4.4.
4.2 Newsletter. We may ask for both your name and email address in order to send you our newsletter or emails. We will only contact you through our newsletter for promotional or informational purposes. Subscribing to our newsletters is optional.
4.3 Phone Number. We may collect your phone number and we may contact you via phone to contact you or if we feel there is information which would be beneficial to share with you. In accordance with everything outlined in this Privacy Policy, if you do not want to be reached by phone, you can ask us not to contact you via phone or you can choose not to share your phone number.
4.4 Third Parties. Fine Tune may work with third party applications in order to provide you with the best services on the Site. These organizations may collect Personal Information from you in order to provide you with the services, including your name and contact information. Specifically, the third parties Fine Tune may work with on the Site are listed below. We’ve included links to their privacy policies to ensure you are comfortable using them.
MailChimp: https://mailchimp.com/legal/privacy/
Squarespace: https://www.squarespace.com/privacy/
Stripe: https://stripe.com/privacy-center/legal
Instagram: https://help.instagram.com/402411646841720
Slack: https://slack.com/privacy-policy
Zoom: https://zoom.us/privacy
Paypal: https://www.paypal.com/va/webapps/mpp/ua/privacy-full
Facebook: https://www.facebook.com/full_data_use_policy
Youtube: https://www.youtube.com/static?gl=CA&template=terms
Google Drive: https://www.google.com/drive/terms-of-service/
Vimeo:https://vimeo.com/privacy
Dropbox: https://www.dropbox.com/privacy
How will Fine Tune use your Personal Information? Your Personal Information will be used to provide you with promotional and informative materials and offers and deliver the products and services you can purchase or subscribe to from the Site. Specifically:
5.1 Your credit card information will not be kept by Fine Tune but instead by one of the third parties listed in section 4.4 above;
5.2 Your name and e-mail address are collected but will not actually be stored on the Site. Any information captured will be processed through third party websites in section 4.4 above;
5.3 Your phone number may be used to contact you via phone if there is information we would like to share which we feel would benefit you;
5.4 If you subscribe to our newsletter your Personal Information will be used to send the newsletter to you;
5.5 If we send you the Newsletter for marketing purposes, we may use your contact information to send you emails about promotions, special events and other marketing information. You can opt not to receive these emails from us by either clicking “unsubscribe” at the bottom of the email when you receive it or by sending an email that includes your email address and a request that you not receive our promotional emails;
5.6 We may use your Personal Information to respond when you submit a question or suggestion to us, or when you request assistance regarding the Service you purchased;
5.7 We may share your information if we believe in good faith that disclosure of your information is required to protect your safety or the safety of others, to investigate a fraud, or to respond to a government, judicial or other legal request or to comply with the law;
5.8 We may also share certain aggregated, anonymized information with a third-party provider in order to assist us in improving the Site.
Storing Your Personal Information. Fine Tune’s web server may store your Personal Information when you interact with the Site. Fine Tune will be happy to delete any of your Personal Information it holds upon a written request made by you. Your Personal Information will be safely disposed of by Fine Tune.
Storing Your Phone Number. Your phone number will be kept in the phone or contacts database of Fine Tune and associates. Wherever it is stored, it will always be protected with a password and will never be shared with third parties without your permission.
We Play by The Rules. The Site and Fine Tune abide by all relevant Canadian laws in all aspects of our operations. As such, we abide by all the rules of CASL (Canadian Anti-Spam Laws) and the Personal Information Protection and Electronic Documents Act (PIPEDA). This Privacy Policy is also compliant with GDPR and CCPA regulations. If you’ve got any questions about our compliance with this legislation, feel free to reach out to hello@finetunepilates.ca.
Do Not Track Signals. Fine Tune currently does not recognize or respond to browser-initiated Do Not Track (DNT) signals, as the Internet industry is currently still working on Do Not Track standards and there is no accepted standard on how to respond to such signals.
Analytics. The Site keeps the following information from your visits to our webpage:
10.1 Visitor information to improve our customer engagement which tells us where and when people visit the Site and how long they stay there; and
10.2 IP information for website and server security.
Cookies. The Site uses ‘cookies’ to keep a record of the number of times you’ve visited the Site and how you interacted with the Site during each visit. In addition to this, the Site also uses cookies which are not absolutely essential for your use of the Site. Your continued use of the Site serves as consent for these cookies.
11.1 You might be wondering what a cookie is. Well, it is a small text file that gets sent by the servers of the Site to your hard drive and can only be read and interpreted by the Site’s servers. No Personal Information is stored in the cookie and there is nothing on it which can identify you personally.
11.2 Why do we use cookies? Despite being an awesome word generally, cookies help the Site understand how you interact while visiting the Site and what your preferences are and thus can improve your experience on the Site. If you do not want cookies from the Site, simply adjust the settings in your web browser to disable cookies. This may change the way you access the Site, but of course it is your choice to do so.
Disclosure of Personal Information. Fine Tune will NEVER sell or license any Personal Information we collect from you. Fine Tune is not liable for any disclosure of your Personal Information by any third party, particularly the ones outlined in section 4.4 above. By purchasing the services and products offered by Fine Tune, you agree to be bound to and consent to the provisions of our third parties’ privacy policies.
Jurisdiction. This privacy policy and the use of the Site are governed by the laws of Canada and the Province of Ontario. If a dispute arises under this policy, we agree to first resolve it through binding arbitration to take place in the Province of Ontario.
Your Consent. By choosing to provide Fine Tune with your Personal Information you are consenting to its collection, use and disclosure in accordance with the principles outlined in this Privacy Policy. If you are under the age of 18, you must not provide any Personal Information to us without the consent of your parent or guardian, or as otherwise provided for by applicable law.
Protecting Your Privacy. Fine Tune is committed to protecting your privacy. Security measures, such as using passwords on servers and computers, and locked cabinets where Personal Information is stored have been adopted to protect your Personal Information against loss or theft, unauthorized access, disclosure, copying, use or modification. Online transactions are completed using third party applications outlined in section 4.4 above. Please refer to the third parties’ privacy policies, of which links have been provided above, for clarification on how your transaction and Personal Information will be handled. Fine Tune makes no promises, warranties or representations about the manner in which your Personal Information is handled by third parties and bears no liability whatsoever for their use of them.
The Internet Can Be Sketch. The internet is, by its nature, inherently open and subject to interception of information. We cannot guarantee that the information you provide to Fine Tune over the internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside of Fine Tune’s control.
Verifying and Amending Your Personal Information. Fine Tune tries to ensure that all Personal Information about you that is in our possession is accurate, complete and up-to-date. Please contact us at hello@finetunepilates.ca to advise us of any changes to your Personal Information. You may request access to the Personal Information held by Fine Tune at any time or seek to make corrections to it.
Resolving your concerns. If you have any questions or concerns about Fine Tune's Personal Information collection, use and disclosure practices, please let us know at hello@finetunepilates.ca and we will do our best to help you.
DISCLAIMER
This Disclaimer (the “Disclaimer”), in concert with our Terms and Conditions and Privacy Policy determine the rules of how you can use this Site and any of Fine Tune’s social media profiles and how you access our content and services, either as a paying customer or simply a website visitor.
Qualifications. Fine Tune and its operators hold the following qualifications and professional certifications related to Fine Tune: Pilates Method Alliance Certification. Fine Tune makes no representations to hold any other qualifications or representations outside of this.
Not Professional Advice. Nothing shared on this Site by Fine Tune is professional advice. This is simply a compilation of content and services that Fine Tune is providing.
No Guarantees. You understand that Fine Tune makes no guarantees whatsoever regarding any results based on any action or inaction based on the information we share or services we provide through the Site. At the end of the day, we will not be responsible or make any promises for what will happen in your life and health.
Intention. The intention of the information we share and post on the Site is for informational and promotional purposes only.
Not a Client. By accessing and using the Site, there is no client-professional relationship created between you and Fine Tune. You will only be a client once you sign a contract that we send to you officially creating a professional-client relationship. We hope to work together with you soon, but until we sign an agreement together, you are not a client. By continuing to use the Site, you acknowledge that for the moment, we are just pals.
Mistakes. We try our best. We really do. All of the content we put on the Site is intended to be as accurate as possible and to be as helpful as possible in providing you our content and services. But we ask you to understand that not everything we include on the Site may be accurate or entirely true. Of course, we’ll never intentionally mislead you and we can only try our best. As such, we ask you to take the information on the Site with a grain of salt, not to rely entirely on what we share, and accept that some of our content may be incorrect. Again, if you have any issues with this, you are always welcome to stop using the Site.
No Warranties. Fine Tune makes no promises that the Site or third-party programs we use to offer our services and products will always be operational. If something goes wrong, obviously, we’ll do everything we can to fix it ASAP. We also make no representations or warranties of any kind around any of the content we produce or share on the Site. To the maximum extent permissible by Canadian laws, Fine Tune disclaims all warranties regarding all information, products and services offered on or through the Site.
Reach Out. Please feel free to connect with Fine Tune to ask us any questions. All communications should be directed to hello@finetunepilates.ca.
In Movement,
The Fine Tune Team
If there are any questions regarding the above, you may contact us using the information below.
www.finetunepilates.ca/contact
461A Roncesvalles Avenue
Toronto, ON M6R 2N4
Canada
hello@finetunepilates.ca