Terms of Use

Rthm Technologies Inc. Terms of Use

Last Updated: May 12th, 2017

These terms and conditions of use (“Terms of Use”) comprise a legal agreement between Rthm Technologies Inc. carrying on business as Rthm (“Rthm”) and you, the person accessing and using this website or Rthm’s Rthm application (“You” or “you” or “User”).  These Terms of Use set forth the legally binding terms and conditions for the use of the Rthm’s website at www.findrthm.com (“Site”) that is owned, operated and maintained by Rthm, and all downloadable applications, features, functionality, content or information that is made available or provided by Rhtm on this Site or elsewhere, including the Rthm App and the Tau App (referred to herein as “Rthm Services”).

BY USING THE SITE AND/OR RTHM SERVICES AND THEIR ASSOCIATED APPLICATIONS YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOU AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS OF THESE TERMS OF USE WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE SITE AND OF RTHM SERVICES AND THEIR ASSOCIATED APPLICATION.

IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS OF USE YOU MAY NOT ACCESS OR USE THE SITE AND MUST EXIT THE SITE AND/OR RTHM SERVICES AND THEIR ASSOCIATED APPLICATION.

In consideration of the mutual promises and agreements contained in these Terms of Use and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you and Rthm agree as follows:

1. Rthm Site and Rthm Services

Rthm’s Site is made available to you for the purpose of providing you with information about the services offered, including the Rthm Services and their associated applications (each a “Service”).  

2. Acceptance and Modification of Terms

The Site and Rthm and its associated application are offered subject to acceptance of all of the terms and conditions contained in these Terms of Use. Rthm reserves the right to modify or replace the Terms of Use. You are encouraged to check this page regularly, the most recent date of modification will be posted above on these Terms of Use.

3. User Accounts

To access and use certain features of the Site and the Rthm Services, you will need to create an account (referred to as a “User Account”) or sign-in through your Facebook account.

As part of the process to create, register and maintain a User Account you must provide Rthm with certain current, complete, and accurate registration information, including your name, e-mail address, date of birth, age, gender, height, weight, and other data or information that has been requested by Rthm during the User Account registration or renewal process (“Registration Data”). In order to access certain services offered through Rthm, your payment information, including credit card number or other form of payment, must be provided. Registration Data and Personal Information will be used by Rthm solely in accordance with these Terms of Use and Rthm’s Privacy Policy (the “Privacy Policy”) www.findrthm.com/pages/privacy-policy

You agree that you will: (a) maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Site: and (c) be responsible for all activities that occur under such password or account.

Further, you agree to immediately notify Rthm of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised. Failure to comply with this paragraph may result in immediate termination of your account. Rthm shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

4. License

Rthm hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to (a) access the Site and the Rthm Services for the purpose of receiving the Services in accordance with these Terms of Use and (b) access, view and print any information and documentation made available on the Site, for your personal, non-commercial and informational use only to assist you in the access and use of the Site and the Services. Except for the limited licenses and rights expressly granted to you in the Terms of Use, these Terms of Use do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of Rthm or any third party. Rthm may terminate this license at any time for any reason whatsoever.

5. Suspension and Termination of Access

Rthm may suspend or terminate your access to the Site or Rthm Services immediately without prior notice and without further obligation or liability to you if, in Rthm’s sole discretion, it is determined you have breached these Terms of Use. Rthm may also suspend your access to the Site or Rthm Services, or terminate these Terms of Use at any time without written notice to you for any reason whatsoever.  

Rthm has no liability of any kind or any nature whatsoever to you solely by reason of any change, modification, suspension or discontinuance of the Site, the Rthm Services, or any or all of the Services in accordance with these terms. You agree that you shall not make any claim against Rthm, including with respect to any lost revenue, profits or opportunities as a result of such change, modification, suspension or discontinuance or on account of any expenditures made or actions taken in reliance on the expected continuation of the Site, the Rthm Services, the Services offered or these Terms of Use.

6. Content

All content and data made available by Rthm through the Site or the Rthm Services (the “Rthm Content”) is owned solely and exclusively by Rthm. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the Rthm Content; (b) market, sell, re-sell or make commercial use of the Site, Rthm Services or any Rthm Content; (c) systematically collect from the Site, Rthm Services and use any Rthm Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the Site, Rthm Services or the Rthm Content.

If you make any information, data or content available to Rthm on or through the Site or Rthm Services, including by contacting us, or providing comments or ideas about our Services or the Site or Rthm Services (referred to herein as “User Content”), you are deemed to grant Rthm a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Site or Rthm Services without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the Site or Rthm Services, or that is made available using your User Account. If you create any User Content, you represent that you have the right to do so.

7. Use Restrictions

You agree that when using the Site or Rthm Services you will not: (a) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (b) post or transmit data or content which violates or infringes any third party rights, is false, misleading or inaccurate or is injurious to a third party or defames, libels or disparages any third party; (c) except as expressly permitted by these Terms of Use, provide, disclose, sublicense, distribute, transfer, assign or otherwise permit any third party to access, use, read or otherwise gain access to the Site or Rthm Services; (d) use the Site or Rthm Services to provide the benefit of the use of your account, if any, to or for any other person; (e) to the maximum extent permitted by applicable law, interfere with or circumvent any copyright or other technical protection mechanism or reverse engineer, decompile, disassemble, or otherwise in any manner deconstruct all or any part of the Site, Rthm Services or any software or technology or content forming part thereof; (f) post or transmit data which constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; (g) post or transmit data or content which would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law; (h) use the Site, Rthm, or Rthm Services to harvest addresses, send spam or otherwise breach these Terms of Use or the Privacy Policy; (i) use any spider, robot or other automated or electronic agent to monitor or copy web pages or any content from the Site or for any other purpose in connection with your access to and use of the Site or Rthm Services; (j) take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Site or Rthm Services or to shut down, overload or overwhelm the Site or Rthm Services; or (k) copy, republish or redistribute any part of the Site or Rthm Services, including by caching, framing or similar means, without the prior written consent of Rthm.

8. Personal Information

You agree that your use of the Site and/or Rthm Services is subject to the terms of our Privacy Policy www.findrthm.com/pages/privacy-policy which is hereby incorporated by reference into, and forms an integral part of, the Terms of Use. By agreeing to the Terms of Use or by using the Site or Rthm Services, you expressly consent to the collection, storage, use and disclosure of your information, including your Personal Information and Personal Health Information, according to the Privacy Policy www.findrthm.com/pages/privacy-policy.

9. Use of Cookies

You agree that Rthm has the right to monitor and review your use of the Site, Rthm and Services from time to time, and to use “cookies”, “log files” and your “browsing data” in accordance with the Privacy Policy www.rthm.io/privacypolicy.

10. Sales and Refund

We strive to provide you with a great product and great services. We fundamentally believe that you will be satisfied with Rthm. However, we understand that sometimes a purchase may not be what you expected.  We kindly remind you that by placing an order for Rthm through the Site, you agree to these Terms of Use and our Privacy Policy. Unfortunately, given the nature of our service, we do not provide refunds at this time.

If you have questions about your return or refund, we would be happy to help. Please contact us at: customerservice@Rthm.ca

11. Site and Services Provided “AS IS”

YOU UNDERSTAND AND AGREE THAT THE SITE, THE SERVICES, ANY RTHM CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE SITE, THROUGH RTHM OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER APPLICABLE LAW, RTHM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND  INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

RTHM DOES NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY SERVICES OR RTHM CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY RTHM CONTENT (OR OTHERWISE ON THE SERVICES) BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY.  RTHM SPECIFICALLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, RTHM OR ANY OF THE SERVICES  (INCLUDING THE PROVISION OF ANY RTHM CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY SERVICES, RTHM CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE SITE, RTHM AND ITS SERVER ARE FREE OF VIRUSES AND OTHER HARMFUL ELEMENTS.  

YOU ACKNOWLEDGE THAT RTHM DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE SITE OR RTHM. EXCEPT AS OTHERWISE AGREED IN WRITING, RTHM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE OR RTHM.

IF YOU ARE DISSATISFIED WITH THE SITE, RTHM, THE SERVICES OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF RTHM IN OPERATING THE SITE AND IN PROVIDING THE SERVICES YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE SITE, RTHM AND SERVICES.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL RTHM, BE LIABLE TO YOU, OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE SITE, RTHM SERVICES, OR ANY RTHM CONTENT OR THIRD PARTY CONTENT  (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE).

IN NO EVENT WHATSOEVER SHALL ANY OF RTHM, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “COMPANY PARTIES”) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF SITE, RTHM OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE SITE OR THE USE OF, OR RELIANCE ON, ANY RTHM CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE SITE, RTHM OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE COMPANY PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.

THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE SITE, RTHM, SERVICES AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU.

Rthm shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Rthm’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

These Terms of Use that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms of Use. You agree that the limitations of liabilities set out in these Terms of Use are fair and reasonable in the circumstances.

13. Indemnity

You agree to indemnify and hold Rthm and Company Parties harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of the Users use of or conduct respecting the Site, Rthm, and Services offered.

14. Trade-marks  

All product, brand and company names, logos, trade-marks and brand elements displayed on the Site or Rthm or used in connection with the Services are the trade-marks of Rthm (or its suppliers, partner businesses or third party licensors). Any use of any of the marks appearing on the Site, Rthm or in connection with the Services without the express written consent of Rthm or the owner of the mark, as appropriate, is strictly prohibited.

15. Links    

Rthm provides links on the Site or through Rthm Services to other websites or resources, including those operated by parties other than Rthm. These links are provided for your convenience and Rthm is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external websites or resources. Your access and viewing of any third party websites or resources is conducted at your own risk. You are strongly advised to check the terms of use and the privacy policies of these external websites or resources before making use of them. You acknowledge that Rthm may remove any link to an external website or to resources at any time for any reason whatsoever and without prior notice to you.

16. Jurisdiction

The Site is administered by Rthm from a site that is located in Ontario, Canada. You acknowledge and agree that your use of the Site, Rthm Services and all of the communications, transmissions and transactions associated with the Site, Rthm and the provision of the Services shall be deemed to have occurred in the Province of Ontario, Canada. You agree that these Terms of Use shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada and that federal laws of Canada applicable therein and that the law of the Province of Ontario is the proper law. You irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters and disputes arising hereunder.

You expressly agree that, in the event that there is a dispute under these Terms of Use and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial and you hereby waive any right to trial by jury.

17. Waiver

No delay or omission by Rthm to exercise any right or power it has under these Terms of Use or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Rthm must be in writing and signed by an authorized representative of Rthm.

18. Entire Agreement

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Rthm as it relates to the access to, and use of, the Site, Rthm and Services and the subject matter of these Terms of Use and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Rthm and you.

19. Language

It is the express will of Rthm that these Terms and all related documents on the Site, Rthm are in English.

20. Conformance with Law

In addition to complying with these Terms of Use, you agree to use the Site, Rthm and Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and personal information laws. The Site, Rthm and any Services shall not be used where, and to any extent, such use is prohibited by law. Your use of the Site and/or Rthm from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the Site and/or Rthm is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Site and/or Rthm due to any restriction whatsoever and that you have obtained all necessary consents and approvals required or reasonably necessary.

21. Termination

Rthm may terminate these Terms of Use and your use and access of the Site, Rthm and Services if you fail to comply with any provision of these Terms of Use. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, interpretative provisions, and your warranties and indemnities shall survive any termination of these Terms of Use. Rthm shall not be required to refund to you any amounts prepaid, if any, for use of the Site, Rthm or any Services if Rthm has terminated your account or your use of, or access to, the Site, Rthm and/or any of the Services for breach of these Terms of Use.

22. Assignment

These Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with Rthm’s prior written consent. Rthm may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

23. Contact Us

If you have any questions about the Terms of Use, or need to provide notice to, or communicate with, Rthm under the Term of Use, please contact Rthm at hello@rthm.io or by delivery in person, by courier or by the mail, to Rthm at 675 King Street West, Suite 201, Toronto, Ontario, Canada, M5V 1M9.

 

Privacy Policy

The Rthm Technologies Inc. Privacy Policy was last updated on May 12th, 2017.

Rthm Technologies Inc. carrying on business as Rthm (“Rthm”), values our customers and we respect your privacy and the confidentiality of your personal information. Our Privacy Policy (“Policy” or “Privacy Policy”) describes how Rthm collects, uses, discloses, transfers, and stores your information through Rthm’s website (“Site”) and Rthm’s products, such as the Rthm App (the “Rthm App”) and the Tau App (the “Tau App”), together (the “Associated Applications”)

Terms

In this Privacy Policy, “Personal Information” (also referred to as “Personal Data”) means any information about an identifiable individual, such as your name, e-mail address, mailing addresses, gender, date of birth, age, any data about you that you elect to provide electronically through the Site, the Rthm App, the Tau App, and/or any other information that identifies who you are.

The term “Personal Health Information” has the same meaning as set out under Ontario’s Personal Health Information Protection Act, 2004 (“PHIPA”) and includes information relating to an individual’s physical or mental health and health history. Personal Information also includes Genetic Information (described below), and includes any information collected through your use of the Site or the Rthm App, including but not limited to, heart rate information, sleep information, activity information, and mindfulness information.

Unless specified, the words and phrases used in this Policy have the same meaning as those in Rthm’s Terms of Use located on our website: https://www.findrthm.com/pages/terms-of-use

All Personal Information and Personal Health Information collected by Rthm are treated and maintained in compliance with applicable privacy and health privacy legislation.

Consent

By signing up for a User Account and using the Site, the Rthm App, or the Tau App, you agree to this Privacy Policy and Rthm’s Terms of Use at https://www.findrthm.com/pages/terms-of-use

What Information Do We Collect?

When you sign up for an account on Rthm’s Site or one of the Associated Applications (“User Account”), you voluntarily provide us with certain personal information including your name, e-mail address, date of birth, age, gender, height, weight, and other data or information that has been requested by Rthm during the client account registration or renewal process (“Registration Data”). In order to purchase certain products or services from Rthm, your payment information, including credit card number or other form of payment, must be provided upon registration or upon purchase.

Collection of Genetic Information

Some or all of our users,  may purchase,  through the Rthm App or through the Rthm Site (but not through the Tau App), our genetic analysis services. If you do so, you will receive an Oragene-Dx DNA collection kit. By using the Oragene-Dx DNA collection kit and sending a saliva sample to Rthm, you are consenting to the processing, analysis, and storage of your DNA sample. Some users may upload previously acquired genetic data, such as data from a third party provider of genetic tests. By uploading your genetic data, you are consenting to the processing, analysis, and storage of your DNA information. The collection, processing and storage of your DNA sample (whether you receive an Oragene-Dx DNA collection kit or whether you upload your previously acquired genetic data), including the analyzed data is collectively referred to as your “Genetic Information”. You acknowledge that the analysis of your Genetic Information through Rthm may be used for the purposes as outlined below.  

How Do We Use the Information We Collect?

We use the Personal Information and Personal Health Information we collect in order to:

  • Provide you with the services offered by Rthm, including those provided through the Associated Applications.
  • Help us create, develop, operate, deliver, and improve the Rthm service and other Rthm services, content and advertising, for loss prevention and anti-fraud purposes, and to comply with regulatory and legal requirements.
  • Learn more about you and your product preferences by looking at your IP address and activity on websites. Rthm may also collect location data through the use of GPS technology and your IP address as part of the services provided by Rthm.

We may also use your Personal Information and Personal Health Information for:

  • Marketing and Correspondence: From time to time, we may choose to keep you posted on Rthm’s latest products and service announcements, software updates and upcoming events that may be of interest to you. If you no longer wish to be on our contact list, you can opt-out any time by updating your preferences on your User Account.
  • To promote services related to the Site or those of Rthm and/or our affiliates.
  • Customer Support: If you contact our customer support with a comment, question or complaint, you may be asked for information that identifies you, such as your name and phone number in order to support any requests or inquiries made by you.
  • To prevent, investigate or prosecute activity we think may be potentially illegal, unlawful or harmful.
  • To enforce our Privacy Policy and/or our Terms or any other purpose referenced herein.

Processing and Storage of your Personal Information 

Personal Information and Personal Health Information will be collected, processed, stored and used by Rthm in connection with your use of the Site, creation of a User Account and use of the  Rthm App, and may be transferred to third parties under the instruction of Rthm for processing and storage.

Your Personal Information and Personal Health Information may be processed and/or stored outside of Canada. Rthm undertakes measures to protect and keep confidential the Personal Information and Personal Health Information in its possession. However, if your Personal Information or Personal Health Information is stored and/or processed in other jurisdictions, the laws of other countries may not provide the degree of protection for Personal Information that is available in Canada. If your Personal Information is transferred outside of Canada, it may be available to the foreign government of the country in which the information or entity controlling it is situated under a lawful order made in that country and used for purposes other than those described herein. By providing us with your information, you acknowledge the above and are allowing your Personal Information and Personal Health Information to be transferred outside of Canada for the purposes specified above.

Sharing Your Personal Information 

In accordance with this Policy, we may share your Personal Information or Personal Health Information with our affiliates and service providers who may be involved in delivering Rthm services to you, processing or storing data, providing customer support, and conducting customer research or satisfaction surveys. We may also share your Personal Information with our financial, insurance, legal, accounting or other advisors that provide such professional services to us. These service providers are obligated to protect your Personal Information and Personal Health Information, and they are only given the information necessary to perform their designated functions.

Rthm does not authorize any service providers to use or disclose your Personal Information or Personal Health Information for their own marketing or other purposes.

We may remove personal identifiers from your information and maintain and use it in anonymous form. De-identified information may be used in performing research, for educational purposes, business analytics, other commercial and non-commercial purposes, and may later be combined with other information to generate aggregated information. You agree that such anonymous, de-identified information and aggregated information may be sold, traded, rented, or shared with third parties.

We will not disclose, share, sell or rent your Personal Information or Personal Health Information in a personally identifiable form with any third party except if, you expressly consent, and to the extent necessary, in our good faith judgment, doing so is required to:

  • comply with applicable laws or regulations;
  • respond to a valid subpoena, order, or government request;
  • establish or exercise the Rthm’s legal rights or defend against legal claims;
  • investigate, detect, supress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or physical safety of any person; or
  • as otherwise required by law.

You may also choose to independently share your Personal Information or Personal Health Information with individuals such as family members, friends, health care professionals or other individuals. If you choose to use third party services to share such information (i.e., social media, other websites or mobile applications), we remind you that Rthm does not have control over any of these third party service providers’ information practices or policies. Please review the privacy policies and terms of these third party service providers when accessing their services. 

Accountability

Rthm is responsible for Personal Information and Personal Health Information collected and under its control, including the transfer of Personal Information and Personal Health Information to a third party service provider for processing on our behalf.

Data integrity and security

We take data integrity and security seriously and aim to provide you with a safe experience. We have in place certain physical, electronic, technological, and organizational safeguards to appropriately protect the security and privacy of your Personal Information and Personal Health Information against loss, theft, and unauthorized access, disclosure, copying use or modification. Please note, however, that while we try to create a secure and reliable Site and application for users, the confidentiality of any communication or material transmitted to or from the Site, the Associated Applications, or via e-mail cannot be guaranteed.

Within Rthm, we limit access to your Personal Information and Personal Health Information to individuals on a need-to-know basis. In addition, your Personal Information and Personal Health Information is largely de-identified or anonymized to Rthm employees who have access to Personal Data.

Cookies and Similar Technologies

Rthm’s Site, the Associated Applications and online services, email messages, and advertisements may use “cookies” and other technologies. We use these technologies to better understand user behavior, analyze trends, to administer the Site and to personalize and improve the experience of our services. To improve your experience on our Site, we use cookies and logs files to: recognize you when you return to our website; keep track of activity on our Site and remember what items you have clicked on or viewed; study how you navigate through our Site so that we can improve the design, content and function of our Site; and customize the message, content and delivery of online banner advertisements and e-mails that reflect how you navigate to and through our Site based on your online behavior. We call this “Browsing Data”. We may hire third party service providers to assist us in the collection and analysis of this Browsing Data collected through cookies. None of your Personal Information or Personal Health Information is disclosed in an identifiable form to these third party service providers.

You have the ability to accept or decline our use of cookies. You can refuse cookies by turning them off or blocking them in your internet browser. If you decide to turn off or block cookies, our Site might not function correctly.

Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON SOME TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MIGHT NOT APPLY TO YOU.

WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Rthm SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Rthm HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO, USE OF, ALTERATION OF OR DESTRUCTION OF YOUR TRANSMISSIONS OR DATA, INCLUDING YOUR PERSONAL INFORMATION; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.

IN ANY EVENT, THE TOTAL LIABILITY OF 23ANDME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ADVISORS, TO YOU ARISING OUT OF ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING NEGLIGENCE) SHALL BE THE TOTAL AMOUNTS PAID TO 23ANDME BY YOU.

Third Party Links 

The Site and the Associated Applications may contain links to third parties' websites. We are not responsible for the privacy practices or the content of those websites. The Site may also contain links to terms and conditions and privacy policies of third party providers who provide tools or services on a website. Therefore, please read carefully any privacy policies on those links or websites before either agreeing to their terms or using those tools, services or websites.

Accessing and Updating your Information

At any time you can contact us to: stop receiving e-mails from us; review the personal information held by the Company in connection with your account; withdraw your consent for our use and disclosure of your information; request a list of third parties to which Rthm may have provided your personal information; close your account; and amend your personal information, where possible, by logging into your User Account.
If you contact us about your Personal Information or Personal Health Information, we will respond to your request within a reasonable time and at no cost to you. We may require you to provide sufficient information to allow us to identify you and tell you about the existence, use and disclosure of your Personal Information and this Personal Information will only be used for this purpose.

Changes to the Privacy Policy

Rthm reserves the right to make changes to this Privacy Policy at any time by giving notice to its Users on this page, and by ensuring analogous protection of the Personal Information in all cases. It is strongly recommended to check this page often, referring to the date of the last modification listed at the top of the page.

Contact Us

If you have any questions or comments about this Privacy Policy or your Personal Information or Personal Health Information, please contact Rthm at privacy@findrthm.com or at:

Attention: Privacy Officer 
675 King Street West, Suite 201
Toronto, Ontario, Canada
M5V 1M9