Updated February 13, 2021
References to the “Services” mean those consulting and marketing services provided by us.
References to the “Web site” mean the Web sites bearing the URL www.novaspheremedia.com as well as any other site owned and/or operated by or under the Bauhinia Wellness brand.
References to “you,” and/or “User,” mean the User of the Web site and/or the Services.
References to "Personal Data" mean any information relating to an identified or identifiable natural person; for California consumers, Personal Data is "Personal Information" as defined below.
References to "Processing" mean any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
References to "Data Subject" mean a natural person who Personal Data is being Processed.
References to "Child" mean a natural person under 16 years of age.
• Identifiers – real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
• Commercial information – including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories of tendencies.
• Biometric Information.
• Internet or other electronic network activity information – including but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
• Geolocation data.
• Audio, electronic, visual, thermal, olfactory, or similar information.
• Professional or employment-related information.
• Inferences drawn from any of the information identified in this definition of Personal Information, to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
• Personal Information does not include publicly available information lawfully made available from government records or information that is deidentified or aggregated.
Agreement to be Bound
Data Protection Principles
We promise to follow the following data protection principles:
• Processing is lawful, fair, and transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
• Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
• Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
• Processing is limited with a time period. We will not store your personal data for longer than needed.
• We will do our best to ensure the accuracy of data.
• We will do our best to ensure the integrity and confidentiality of data.
Data Subject's Rights
The Data Subject has the following rights:
• Right to information – meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
• Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
• Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
• Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
• Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
• Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
• Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
• Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
• Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
• Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
• Right to withdraw consent – you have the right withdraw any given consent for Processing of your Personal Data.
Collection of your Personal Information
We collect both personally-identifiable information or personal data and non-personally-identifiable information from you. Often, you choose what information to provide to us, but, sometimes, we may require certain information for you to use and for us to provide the Services. Specifically, we collect the following:
Contact and Business Information collected via the Web site: In order to contact you for appointments and answer any questions you submit on the Web site. We will collect personal data, which may include your full name; telephone number; and email address; as well as basic business information such as your anticipated marketing budget and business website.
In addition, you should note that our payment processors may collect and store sensitive financial information, including your credit card number, expiration date, and billing details for those Customers who enroll in our services and who pay us via credit card. We store the same only as anonymous data and have no access to or control over the sensitive financial information you may provide.
Automated Information: Bauhinia Wellness automatically receives and records information from each User’s browser or your mobile device when you visit the Web site or use certain other Services, such as your IP address in an anonymized fashion or unique device identifier, cookies and data about which pages you visit in order to allow us to operate and provide the Services, and data about the type of device you use to connect to our Services and/or Web site. This information is stored in log files and is collected automatically. We may combine this information from your browser or your mobile device with other information that we or our partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for our Users, and to provide advertising, including across your devices, and a more personalized experience for members and visitors.
We may also automatically collect device-specific information when you install, access, or use our Services. This information may include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers.
Location Information: We may collect information about your use of the Services for advertising, analytics, to serve content and to protect the Services, including your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). We may obtain location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your device, such as general location information from GPS or information about wireless networks or cell towers near your mobile device. We may use and store information about your location to provide features and to improve and customize the Services, for example, for our internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; for local content, search results, and recommendations; for mapping services; and (using non-precise location information) marketing. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on your mobile device. Certain non-precise location services, such as for security and localized policies based on your IP address or submitted address, are critical for the site to function. We will only share your geo-location details with third parties (like our mapping, payments, or, to the extent applicable, advertising providers) in order to provide you with the Services.
Analytics Information: We use data analytics to ensure site functionality and improve the Services. We do not link the information we store within the analytics software to any personally identifiable information that you submit.
Information From Our Partners: If you choose to use any third party website or service that is integrated with Bauhinia Wellness, including a third party social networking or blogging site, such as Facebook, Instagram, or LinkedIn ("Third Party Websites"), we may receive information, including Personally Identifying Information, from such Third Party Websites, including but not limited to your name, unique Third Party Website identifier (ex. Facebook User ID), biographical or demographic information (ex. gender, age, etc.), likes or interests, and any information publicly available on Third Party Websites.
Your decision to use, or share with, a Third Party Website when accessing or using Bauhinia Wellness products and services is completely voluntary. Bauhinia Wellness is not responsible for compliance with the policies or practices of any Third Party Website. You should ensure that you are comfortable with the information such Third Party Websites may make available to Bauhinia Wellness by reviewing those Websites' privacy policies and service terms, and by modifying your privacy settings and preferences on those Services.
Use of your Personal Information
We may use your personally-identifiable information to process transactions; to provide and improve customer service administration; to personalize your User experience; to contact Users via e-mail, SMS text, or telephone; to respond to inquiries, and/or other requests or questions; to send company news, updates and other related info via our mailing list; and to facilitate registration for and use of our Services.
We may use your non-personally identifiable information to create traffic statistics for our Web site; to create User statistics for our Services; to improve customer service; and to personalize your User experience.
On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data to (1) identify you for communication purposes; (2) to provide you a service or to send/offer you a product; and (3) communicate either for sales or invoicing.
On the ground of legitimate interest, we Process your Personal Data to (1) send you personalized offers (from us and/or our carefully selected partners); (2) to administer and analyze our client base (purchasing behaviour and history) in order to improve the quality, variety, and availability of products/services offered/provided; and (3) to conduct questionnaires concerning client satisfaction.
As long as you have not informed us otherwise, we consider offering you products/services that are similar or same to your purchasing history/browsing behaviour to be our legitimate interest.
With your consent, we Process your Personal Data to (1) send you newsletters and campaign offers (from us and/or our carefully selected partners); (2) to build a database of relevant search information to improve the quality, variety, and availability of our products and services; and (3) for other purposes we have asked your consent for.
We might process your Personal Data for additional purposes that are not mentioned here, but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that (1) the link between purposes, context and nature of Personal Data is suitable for further Processing; (2) the further Processing would not harm your interests; and (3) there would be appropriate safeguard for Processing.
We will inform you of any further Processing and purposes if it does occur.
Bauhinia Wellness gives you the choice of providing, editing or removing certain information, as well as choices about how we contact you.
Depending on your location, you may also have certain additional rights with respect to your information, such as: (i) data access and portability (including the right to obtain a copy of your personal data you provided to Bauhinia Wellness); (ii) data correction; (iii) data deletion (including the right to have Bauhinia Wellness delete your personal information, except information we are required to retain, by contacting us); and (iv) withdrawal of consent or objection to processing (including, in limited circumstances, the right to ask Bauhinia Wellness to stop processing your personal data, with some exceptions, by contacting us).
You may also control the receipt of certain types of communications from Bauhinia Wellness. Bauhinia Wellness may send you messages about the Services or your activity. Some of these messages are required, service-related messages for Users (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive via the unsubscribe link in our emails.
If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may notify Bauhinia Wellness by e-mail at firstname.lastname@example.org or deliver a physical letter to our location located at #101A – 8585 160th St. Surrey, BC V4N 1G4. Notice is communicated upon receipt.
Sharing Information with Third Parties
Bauhinia Wellness does not sell, rent or lease its customer lists to third parties.
Bauhinia Wellness may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or provided marketing services. For example, we share data with Wix, our Web site administrator, Go Highlevel, and Google Analytics, Google Remarketing, and Facebook whose services we utilize for marketing purposes. All such third parties are prohibited from using your personal information except to provide these services to Bauhinia Wellness, and they are required to maintain the confidentiality of your information. We only work with Processing partners who are able to ensure an adequate level of protection to your Personal Data.
Bauhinia Wellness may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Bauhinia Wellness or the site; (b) protect and defend the rights or property of Bauhinia Wellness; and/or (c) act under exigent circumstances to protect the personal safety of users of Bauhinia Wellness, or the public. Pursuant to the The Personal Information Protection and Electronic Documents Act (PIPEDA) and , Bauhinia Wellness has not sold or disclosed consumers’ personal information to a third party in the preceding 12 months.
To opt out, please contact us at email@example.com or CLICK HERE to fill out a request to opt out.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Bauhinia Wellness. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Bauhinia Wellness website.
The Bauhinia Wellness website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Bauhinia Wellness pages, or register with Bauhinia Wellness site or services, a cookie helps Bauhinia Wellness to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Bauhinia Wellness website, the information you previously provided can be retrieved, so you can easily use the Bauhinia Wellness features that you customized.
A detailed list of the cookies we use:
• Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.
• Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalized features possible. For example, they might remember your name and e-mail in comment forms so you don’t have to re-enter this information next time when commenting.
• Analytics cookies – these cookies are used to track the use and performance of our website and services.
• Advertising cookies – these cookies are used to deliver advertisements that are relevant to you and to your interests. In addition, they are used to limit the number of times you see an advertisement. They are usually placed to the website by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organizations such as advertisers. Often targeting or advertising cookies will be linked to site functionality provided by the other organization.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Bauhinia Wellness services or websites you visit.
Security of your Personal Information
Bauhinia Wellness secures your personal information from unauthorized access, use, or disclosure. Bauhinia Wellness uses the following methods for this purpose:
• SSL Protocol
• Vulnerability scanning
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
In addition, access to your data is restricted to need-to-access individuals.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed. Please note that non-encrypted communication using email is not secure. Thus, we cannot guarantee data security in email communication and, therefore, recommend using physical mail for confidential information.
We recognize the particular importance of protecting privacy where children are involved. We do not intend to collect, knowingly collect, sell, or solicit Personal Information from anyone under the age of 16. We do not target children with our services. If you are under 16, do not use or provide any information on the Website or through any of its features. If you believe that a child under the age of 16 may have provided us Personal Data online, we ask that a parent or guardian contact us at firstname.lastname@example.org.
Our "Do Not Track" Policy
Because there isn’t an industry or legal standard for recognizing or honoring browser DNT signals, we don’t monitor or respond to them at this time.
Individual Arbitration as Sole Remedy for Dispute Resolution
Negotiation in Advance of Arbitration
2. Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
Termination or Revocation
This agreement to arbitrate shall survive the termination of Bauhinia Wellness’s relationship with you. It can only be revoked or modified by a writing executed by Bauhinia Wellness and you that specifically states an intent to revoke or modify this agreement to arbitrate.
Claims Covered By Arbitration Clause
Bauhinia Wellness and you mutually consent to the resolution by final and binding arbitration of all claims or controversies (collectively, the “Claims”) that Bauhinia Wellness may have against you or you may have against Bauhinia Wellness or against its past, present, or future predecessors, successors, assigns, affiliates, parent and subsidiary companies, and joint ventures, and their respective past, present, or future officers, directors, employees, stockholders, representatives, managers, members, partners, agents, advisors, insurers, and indemnities (collectively referred to as the “Bauhinia Wellness”), relating to, resulting from, or in any way arising out of your relationship with Bauhinia Wellness. The Claims include, but are not limited to claims for penalties, fines, claims for breach of any contract (express or implied); tort claims (including, but not limited to, those relating to reputation); claims for violation of trade secret, proprietary, or confidential information laws; claims for unfair business practices; and claims for violation of any public policy, federal, state, international, or other governmental law, statute, regulation, or ordinance.
Required Notice of Claims and Statute of Limitations
Bauhinia Wellness may initiate arbitration by serving or mailing a written notice to you at the last known address. You may initiate arbitration by serving or mailing a written notice to Bauhinia Wellness. The written notice must specify with reasonable particularity the claims asserted against the other party. Notice of any claim sought to be arbitrated must be served within the limitations period established by applicable federal or provincial law.
Selection of Arbitrator
Within 30 days after the commencement of arbitration, Bauhinia Wellness shall select one person from the Vancouver International Arbitration Centre panel to act as arbitrator. The arbitrator shall serve as a neutral, independent and impartial arbitrator.
The parties shall maintain the confidential nature of the arbitration proceeding and the award, if any, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
In any arbitration arising out of or related to this Agreement:
1. Any party wishing to make a dispositive motion shall first submit a brief letter (not exceeding five pages) explaining why the motion has merit and why it would speed the proceeding and make it more cost-effective. The other side shall have a brief period within which to respond.
2. Based on the letters, the arbitrator will decide whether to proceed with more comprehensive briefing and argument on the proposed motion.
3. If the arbitrator decides to go forward with the motion, he/she will place page limits on the briefs and set an accelerated schedule for the disposition of the motion.
4. Under ordinary circumstances, the pendency of such a motion will not serve to stay any aspect of the arbitration or adjourn any pending deadlines.
In any arbitration arising out of or related to this Agreement, requests for documents:
1. Shall be limited to documents which are directly relevant to significant issues in the case or to the case’s outcome;
2. Shall be restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; and
3. Shall not include broad phraseology such as “all documents directly or indirectly related to.”
In any arbitration arising out of or related to this Agreement:
1. There shall be production of electronic documents only from sources used in the ordinary course of business. Absent a showing of compelling need, no such documents are required to be produced from backup servers, tapes or other media.
2. Absent a showing of compelling need, the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format which is usable by the party receiving the e-documents and convenient and economical for the producing party. Absent a showing of compelling need, the parties need not produce metadata, with the exception of header fields for email correspondence.
3. The description of custodians from whom electronic documents may be collected shall be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute.
4. Where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator will either deny such requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.
Interrogatories and Requests to Admit. In any arbitration arising out of or related to this Agreement, there shall be no interrogatories or requests to admit.
Depositions. In any arbitration arising out of or related to this Agreement, each side may take three (3) discovery depositions. Each side’s depositions are to consume no more than a total of fifteen (15) hours. The total period for the taking of depositions shall not exceed six (6) weeks.
Governing Law and Arbitrator Authority
4. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.
The arbitrator’s decision shall be final and binding and shall not be subject to appeal. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. Any decision or award made by the arbitrator shall be enforceable by a court of competent jurisdiction. The parties irrevocably stipulate to the confidential nature of the arbitral award and proceedings and further stipulate that the award and any papers of the proceedings shall only be filed with a court of competent jurisdiction under confidential seal and only to enforce an arbitral award or decision.
WAIVER OF REPRESENTATIVE/CLASS ACTION PROCEEDINGS
WAIVER OF JURY TRIAL/EXCLUSIVE REMEDY
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION REWARD IS LIMITED. BY AGREEING TO ARBITRATION, BAUHINIA WELLNESS AND YOU ARE AGREEING TO WAIVE ANY CONSTITUTIONAL RIGHT TO A JURY OR COURT TRIAL OF COVERED CLAIMS.
Arbitration Fees and Costs
Each party shall advance its own costs and expenses in any such arbitration and one-half (1/2) of the arbitrator’s fees and costs, however, the arbitrator shall award attorneys’ fees and costs to Bauhinia Wellness if Bauhinia Wellness is the prevailing party. Any decision or award of such arbitration proceeding shall be confidential and may be made public only with the prior written consent of both you and Bauhinia Wellness.
Severability (Arbitration Clause)
Bauhinia Wellness and you agree and acknowledge that if any section, subsection, sentence, clause, or phrase contained in this Arbitration Clause is found to be invalid, unenforceable, or otherwise inoperative, such decision shall not affect the validity of the remaining portion(s) of this Arbitration Clause.
You may also write to us at:
#101A – 160th St.
Surrey, BC V4N 1G4
Copyright 2020 - Bauhinia Wellness Inc. - All Rights Reserved