New Tides Privacy Policy
The Company respects the privacy concerns of the users of its website, services, and online programs is committed to protecting the privacy of its users.
This policy informs you of our policies on:
How we collect, use, disclose, and protect the personal information of our website, service, and online program users (“you“).
Describes the types of information we may collect from you or that you may provide when you visit the website www.newtides.ca (our “Website“).
Our practices for collecting, using, maintaining, protecting, and disclosing that information.
We use your personal information only for providing and improving the website, services and/or programs. By using the website, you agree to the collection and use of information in accordance with this Privacy Policy.
The website, access to services and programs of New Tides Counselling and Wellness are delivered via the Squarespace Platform. Services, communication and payment are processed via Jane App. Additionally, Click Up is utilized by the Company to manage client communication such as emails and client feedback. As such, the use of the website, services, and online programs of New Tides Counselling and Wellness is also governed by the terms of use and/or privacy policies of Squarespace, Jane App and Click Up. Please also review the Squarespace website Terms of Use and Privacy Policy, and that of Jane App and Click Up.
This Privacy Policy refers only to information collected through our website and services, and does not apply to information collected or disclosed through in person services, events, or via social media.
What is Considered Personal Information?
Personal information includes, but is not limited to, information such as your name, address, email address, geographic location, purchase history, gender, credit card information, browsing habits on our website, our online programs and metadata.
What Information Do We Collect?
We may collect information from you when you submit and intake form, register for an account, schedule an appointment, enrol in a program or event, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another website and/or online program feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information.
You may visit the website anonymously; no personally identifiable information, such as your name, address, or e-mail address, is automatically collected from your visit to the website. However, certain non-personal information is recorded by the standard operation of the Company’s internet servers. Information such as the type of browser being used, its operating system, and your IP address is gathered in order to enhance your online experience.
We May Process the Following Categories of Personal Data About You
(a) “Communication Data” that includes any communication that you send to us whether that be through a contact form on our Website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
(b) “Customer Data” that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
(c) “User Data” that includes data about how you use our Website, Services and/or Program together with any data that you post for publication on our Website, Program and/or through other online services. We process this data to operate our Website and Program and ensure relevant content is provided to you, to ensure the security of our Website and Online Program, to maintain back-ups of our Website and/or Program and/or databases and to enable publication and administration of our Website, Program, or other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our Website and Online Programs.
(d) “Technical Data” that includes data about your use of our Website, Services and Online Programs such as your IP address, your login data, details about your browser, length of visit to pages on our Website, page views and navigation paths, details about the number of times you use our Website, time zone settings and other technology on the devices you use to access our Website, Services and/or Online Programs. The source of this data is from our and/or Squarespace’s analytics tracking system. We and/or Squarespace process this data to analyze your use of our Website, to administer and protect our business and Website, to deliver relevant Website, Services and/or Program content and marketing to you and to understand the effectiveness of our marketing. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our Website and our Program and to grow our business and to decide our marketing strategy.
(e) “Marketing Data” that includes data about your preferences in receiving marketing from us and your communication preferences. We process this data to enable you to partake in our promotions and to deliver relevant Website and/or Program content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant Website, Services and/or Online Program content and advertisements to you (including social media adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
Ordering Products/Services on Our Site
We or our third party service providers will request information from you on our order forms for purchase of access to the Program. To buy from us, you must provide contact information and financial information (such as credit card number and expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.
Sensitive Data
“Sensitive data” refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data, UNLESS it pertains to your reason for engaging in one of the Program, to assess whether or not the Program is the right fit for you. We do not collect any Sensitive Data about you. We do not collect any information about criminal convictions and offences.
Use of Cookies
Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record keeping purposes. As you browse the Site, advertising cookies will be placed on your computer so that we can understand what you are interested in. Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. To opt out of cookies, find and select the settings tab of your internet browser and click “block third party cookies and site data” or de-select the “accept cookies” box. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Website and/or Program may not function properly or may be considerably slower.
Please view Squarespaces’ Cookie Policy HERE
Please view Janes’ Cookie Policy HERE
Do We Disclose the Information We Collect to Outside Parties?
We do not sell, trade, or otherwise transfer to outside parties your PII unless we provide you with advance notice, except as described below. This does not include Website and/or Program hosting partners and other parties who assist us in operating our Website, conducting our Program, delivering our Materials, or otherwise servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, the confidentiality agreements related to relevant services, to enforce these Terms and Privacy Policy, or protect ours or others’ rights, property, or safety. Information is not provided to third parties for marketing purposes.
How Do We Use Your Information?
We may use the information we collect from you when you register for an account, submit a form, purchase access to a service or online program, enter a contest or promotion, respond to a survey or marketing communication, or use certain other site features to allow us to better service you in responding to your customer service requests, quickly process your transactions; follow up on service quality, to administer a contest, promotion, survey or other site feature; and to send you educational and marketing emails.
If you would no longer like to receive promotional email from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below.
The Company may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the Company’s rights or property, other users of the Website and/or Program, or anyone else that could be harmed by such activities.
The Company may also be required to disclose PII in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Data Security
Security for all PII is extremely important to us. We and our related third party service providers have implemented technical, administrative and physical security measures to attempt to protect your PII from unauthorized access and improper use. Only employees who need the information to perform a specific job (for example, customer service) are granted access to PII. We and our third party service providers have put in place security measures to prevent your personal data from being accidentally disclosed, used or otherwise accessed without authorization. We also allow access to your personal data only to those employees and partners who need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to the best of our ability to protect your personal information, the Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company or our third party service providers, you accept that you do so at your own risk. We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (“SSL”) technology and then encrypted into our or our third party service providers’ databases to be only accessed as stated above. Credit card payments are processed via Stripe. By purchasing access to Services, Online Program and/or Materials through our Website, or any connected domain, you are aware of and take responsibility for any risk associated with the credit card transaction, including but not limited to security breaches and sharing of personal information. You may view Stripe’s privacy policy here.
Data Retention
We and our third party service providers will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we and our third party service providers look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, and if these can be achieved by other means and legal requirements. The law may require us to keep certain basic information about our customers (including Contact, Identity, Financial and Transaction Data) for a defined period after they stop being customers. In some circumstances we may anonymise your personal data for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Third Party Links
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent terms of use and/or privacy policies. The inclusion of a link our Website or through our Program does not imply the Company’s investigation, evaluation and/or endorsement of such third party website. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses, entities or individuals, or the accuracy of the content of their advertising or websites. The Company does not assume any responsibility or liability for the actions, products, services, and/or content of any such websites. The Company is also not responsible for any information that you might share with such linked websites. Before you purchase goods or services from a third party and/or use any third-party website, you should review the applicable terms of use and privacy policies for such websites. If you decide to access any such linked websites, you do so at your own risk. Nonetheless, we seek to protect the integrity of our Website and/or Program and welcome any feedback about these linked sites (including if a specific link does not work).
Please consult the Privacy Policies and Terms of Use for any Third Party Websites we link to or on which our Materials or advertisements appear as well as any services by way of which you share information relating to your activities in connection with our Website and/or Program for more information about how such websites and services govern your activities and use your information.
Malware/Spyware/Viruses
Neither the Company nor the Website knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.
Bulletin Boards and Chat Areas for Online Programs
Users of the Online Programs are solely responsible for the content of messages they post on the Program’s forums. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on any forums, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.
Choice/Opt-Out
To modify your email subscriptions, you can find an unsubscribe link at the bottom of each email. Please note that due to email production schedules you may receive any emails already in production. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
Transfer of Information Across National Borders
Our Website, Online Program, Materials and various information we collect are stored and/or operated on servers located in various jurisdictions, including the United States. When you access or use the Website, our Online Programs, and/or the Materials, personal information about you may be transferred outside the country in which you are situated to these other locations.
Access to and Control Over Your Personally Identifiable Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address given on our website and/or in these Terms and Privacy Policy: See what data we have about you, if any; change/correct any data we have about you; have us delete any data we have about you, if applicable, express any concern you have about our use of your data.
DISCLAIMER OF WARRANTIES
WE PROVIDE THE WEBSITE, SERVICES, ONLINE PROGRAM AND MATERIALS ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW. NEW TIDES COUNSELLING AND WELLNESS DOES NOT REPRESENT OR WARRANT OR ENDORSE, EXPRESSLY OR IMPLICITLY, THAT THE SERVICES AND/OR DIGITAL PROPERTIES:
A) ARE RELIABLE OR WILL BE UNINTERRUPTED;
(B) WILL BE FREE OF DEFECTS OR ERRORS;
(C) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE;(D) WILL BE SECURE AND FREE FROM ANY HARMFUL COMPONENTS, SUCH AS VIRUSES OR OTHER MALWARE; OR
(E) WILL CONTAIN MATERIALS THAT ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE.
New Tides Counselling and Wellness makes no warrenties of any kind other than as expressly set forth herein and your use of and access to the website, services, online programs and/or materials is entirely at your own risk. New Tides Counselling and Wellness expressly disclaims any warranty, express or implied, regarding the website, program and materials, including, but not limited to, any implied warranties of merchantability, satisfactory purpose, fitness for a particular purpose, non-infringement, title, compatability, security, and accuracy, and all warranties that may arise from a course of dealing, course of performance or usage of trade.
In jurisdictions in which the exclusion of warranty is prohibited, such exclusions shall apply to the full extent permitted by law. New Tides Counselling and Wellness does not warrant, endorse, guarantee or assume responsibility for any information, product or service provided, advertised or offered by a third-party via beunison or any linked or other third-party property.
Disclaimer of Liability and Indemnification
Under no circumstances will New Tides Counselling and Wellness be liable to you or to any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) or for any other harm, loss, damages or injury of any kind that are directly or indirectly related to your access or use of the Website, Services, Program, Materials, any User Generated Material, your data, your Account or the information contained therein, any errors or omissions or any damage to any user’s computer, hardware, software, wireless devices, or technology, even if foreseeable or even if New Tides Counselling and Wellness has been advised of or should have known of the possibility of such damages, where in an action of contract, negligence, strict liability or tort. In no event with New Tides Counselling and Wellness be liable to you or anyone else for loss, damage or injury relating to any third party providing you with services. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. In no event shall New Tides Counselling and Wellness’s total liability to you for all damages, loss, or causes of action, if any, exceed the amount you have paid to New Tides Counselling and Wellness for the service giving rise to the claim.
New Tides Counselling and Wellness shall not be liable or otherwise responsible for any interruption, suspension, modification, alteration, or termination of the Website, Program or Materials. You acknowledge and agree that such limitation shall also apply with respect to damages incurred or anticipated by reason of your use of any other products or services received through or advertised in connection with the Website and/or Program or any links on or contained within the Website and/or Program and/or Materials.
New Tides Counselling and Wellness shall not be liable for any failure or delay in performing under these Terms where such failure is due to causes beyond New Tides Counselling and Wellness’s reasonable control, including but not limited to natural disasters, governmental acts or omissions, laws or regulations, terrorism, labour strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns, and/or New Tides Counselling and Wellness’s or other party’s inability to provide services or procure supplies or materials.
You acknowledge and agree that the above disclaimers and these limitations of liability constitute an agreed upon allocation of risk between New Tides Counselling and Wellness and you, and such disclaimers and limitations of liability shall apply to the fullest extent permitted by law. You further acknowledge and agree that, if you did not or do not agree, as the case may be, with the above disclaimers or these limitations of liability, you shall not be permitted to use or access the Website, Services, Online Program and/or Materials. You further acknowledge and agree that such provisions are reasonable and fair.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
You shall indemnify, defend, and hold harmless New Tides Counselling and Wellness and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, service providers, employees, and representatives (the “Indemnified Parties”) from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by the Indemnified Parties in connection with any investigation, claim, action, suit or proceeding of any kind brought against the Indemnified Parties due to or arising out of your:
(A) acts and/or omissions on or off the Website, Services or Online Program or while otherwise using or accessing the Services, Online Program and/or Materials;
(B) violation of any rights of another party, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Website, Program, Materials or User Generated Material;
(C) breach of these Terms;
(D) disputes with or between other users or clients;
(E) use and/or misuse of the Website, Services, Online Program and/or Materials;
(F) violation of any applicable law or regulation;
(G) submitting inaccurate, untimely, incomplete or misleading User Generated Material;
(H) misstatements and/or misrepresentations; or
(I) contracts or arrangements made or provided based on any Materials provided via the Website, Services and/or Online Programs.
You must cooperate as requested by New Tides Counselling and Wellness in the defence of such claims. New Tides Counselling and Wellness reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any claim or matter on behalf of Morgan Lee Snow without the written consent of New Tides Counselling and Wellness. This indemnification obligation shall survive the cessation of your use of the Website Services and/or Online Programs.
Dispute Resolution/Mediation/No Class Relief
If any controversy, allegation or claim arises out of or relates to your access or use of the Website, Services, Online Programs and/or Materials, or these Terms and/or Privacy Policy, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution thereto. If we do not have a current physical or email address for you, then we have no obligation under this section. Your notice to us must be sent to us at our contact details contained herein. For a period of sixty (60) days from the date of receipt of notice from the other party, we will engage in a dialogue with you in order to attempt to resolve the dispute though nothing will require either of us to resolve the dispute on terms with respect to which either you or we, in each of our sole discretion, are not comfortable. If you have any concerns or objections regarding any financial charges, you agree not to cancel or reject any credit card or third-party payment processing charges until and unless you have made a reasonable attempt at resolving the matter directly with us.
Any claim or dispute arising out of or relating to your access or use of the Website, Services, Online Programs and/or Materials, or these Terms and/or Privacy Policy, that remain unresolved following the dialogue described above will be exclusively resolved under confidential mediation held in the Province of British Columbia, Canada, in accordance with the applicable rules or laws then in effect. To the fullest extent permitted by applicable law, disputes will be mediated only on an individual basis and will not be consolidated with any other proceedings that involve any claim or controversy of any other party, whether through class proceedings or otherwise. But if, for any reason, any court with competent jurisdiction or any mediator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to mediate in this section will not apply and the dispute must be brought exclusively in court pursuant to the following paragraph.
Except to the extent that mediation is required, any action or proceeding relating to any dispute may only be instituted in a court of competent jurisdiction in the Province of British Columbia, Canada. Accordingly, you and we consent to the exclusive jurisdiction and venue of such courts for such matters.
Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in a court of competent jurisdiction in the Province of British Columbia, Canada to enforce these Terms or to prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the jurisdiction of such court. To the fullest extent permitted by applicable law, any cause of action you may have with respect to your use of or access to the Website, Services, Online Programs and/or Materials must be commenced within one (1) year after the claim or cause of action arises.
Miscellaneous
Our failure to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remaining provisions shall continue to be in full force and effect.
Governing Law
These Terms will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflicts of laws principles. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Website, Services, Online Programs, Materials or these Terms will occur exclusively in the courts located in British Columbia.
Feedback
We welcome your suggestions for ways we can improve the Website, Services, Online Programs and/or Materials. Please feel free to submit comments and feedback by emailing us at connect@newtides.ca. Please note that any such communications received from you will be considered User Generated Material and will be treated as non-confidential and in accordance with these Terms and may be used by us without restriction without any obligation, financial or otherwise, to you. See the section entitled “User Generated Material” for more information.
Contact Us
If you have any questions, concerns or complaints about this Privacy Policy, please contact us at connect@newtides.ca.