Breathewell Privacy Policy
Breathewell collects certain Personal Data from its Users.
Users may be subject to different protection standards and more extensive standards may therefore apply to some. Users may contact the Owner to learn more about these standards.
This document can be printed for reference using the print command in any browser settings.
Owner and Data Controller
Breathewell - 213 Rue Ernest, Dollard-des-Ormeaux, QC
Types of Data Collected
Among the types of Personal Data that Breathewell collects, by itself or through third parties, there are: Usage Data; Tracker.
Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection. Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using Breathewell.
Unless specified otherwise, all Data requested by Breathewell is mandatory and failure to provide this Data may make it impossible for Breathewell to provide its services. In cases where Breathewell specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Any use of Cookies – or of other tracking tools – by Breathewell or by the owners of third-party services used by Breathewell serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy.
Users are responsible for any third-party Personal Data obtained, published or communicated through Breathewell.
Mode and place of processing of Data
Treatment methods
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of Breathewell (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
Place of processing
The Data concerning the User is collected to allow the Owner to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Displaying content from external platforms, Analytics and Traffic optimization and distribution.
To obtain precise information on the Personal Data used for each purpose, the User can consult the section "Detailed information on the processing of Personal Data".
Treatment methods
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of Breathewell (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
Detailed information on the processing of Personal Data
Displaying content from external platforms
This type of service allows you to view and interact with content hosted on external platforms directly from Breathewell's pages. If such a service is installed, it may still collect data about web traffic of the pages, even if the User does not use it.
Google Fonts
Google Fonts is a font visualization service provided by Google LLC that allows Breathewell to incorporate content of this nature on its pages.Personal Data processed: various types of Data as specified in the privacy policy of the service; Usage Data
Place of processing: United States – Privacy Policy.
Analysis
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
Wordpress Stat and Google Analytics (Universal Analytics)
Wordpress Stats is an analytics service provided by Automattic Inc.
Personal Data processed: Usage Data; Tracker.
Place of processing: United States – Privacy Policy.
Google Analytics (Universal Analytics) (Google LLC)
Google Analytics (Universal Analytics) is a web analytics service provided by Google LLC ("Google"). Google utilizes the Data collected to track and examine the use of Breathewell, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network. To understand Google's use of Data, see Google's partner policy.
Personal Data processed: Usage Data; Tracker.
Place of processing: United States – Privacy Policy – Opt Out.
Traffic optimization and distribution
These types of services allow Breathewell to distribute their content using servers located in different countries and optimize their performance.
The question of which Personal Data will be processed depends on the characteristics and the way these services are implemented. Their function is to filter communications between Breathewell and the User's browser.
Given the wide distribution of this system, it is difficult to determine the places to which content that may contain the User's Personal Information is transferred.
jsDelivr (jsdelivr.com)
jsDelivr is a traffic optimization and distribution service offered by jsdelivr.com.
Personal Data processed: Usage Data.
Place of processing: Poland – Privacy Policy.
Information on opting out of interest-based advertising
In addition to any opt-out functionality provided by any of the services listed herein, Users can learn more about their options to opt-out of interest-based advertising in general by reviewing the dedicated section of the Cookie Policy.
Cookie Policy
Breathewell uses Trackers. To learn more, Users may consult the Cookie Policy .
Additional information for users in the European Union
This section applies to all users in the European Union, in accordance with the General Data Protection Regulation (the "GDPR"), and, for such users, it replaces any other potentially divergent or conflicting information contained in the Privacy Policy. Further details regarding the categories of data processed, the purposes of the processing, the categories of recipients of the personal data, if any, and other information on the personal data are set out in the section entitled "Detailed information on the processing of personal data" in this document .
Legal basis for processing
The
Owner may process Personal Data relating to Users if one of the following applies:.
- Users have given their consent for one or more specific purposes.
- the provision of Data is necessary for the performance of an agreement with the User or for any pre-contractual obligations of the latter;
- processing is necessary for compliance with a legal obligation to which the Owner is subject;
- the processing is related to a task carried out in the public interest or in the exercise of official authority vested in the Owner;
- processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.
In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Additional information on the retention
period
Unless otherwise specified in this document, Personal Data shall be processed and stored for
as long as required by the purpose for which they have been collected, and may be stored for longer due to an
applicable legal obligation or based on the User's consent.
Therefore :
- Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
- Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so to comply with a legal obligation or upon order of an authority.
Once the retention period expires, the Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
User Rights Arising from the General
Data Protection Regulation (GDPR)
Users may exercise certain rights regarding their Data
processed by the Owner.
Users have the right to do the following, in particular, to the extent
permitted by law:
- Withdraw consent at any time. Users have the right to withdraw their consent if they have previously provided their consent to the processing of their Personal Data.
- Object to the processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent.
- Access to their Data. Users have the right to learn whether Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
- Verify and obtain rectification. Users have the right to verify the accuracy of their Data and request that it be updated or corrected.
- Limit the processing of their Data. Users have the right to limit the processing of their Data. In this case, the Owner will process their Data only for storing it.
- Have their Personal Data deleted or erased. Users have the right to obtain the erasure of their Data from the Owner.
- Retrieve their Data and have it transferred to another controller. Users have the right to retrieve their Data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without hindrance of any kind.
- File a complaint. Users have the right to file a complaint with their competent data protection authority.
Users are also entitled to learn about the legal basis of Data transfers to any foreign country, and in particular to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.
Information regarding the right to
object to processing
Where Personal Data is processed for a public interest, in the exercise of an
official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner,
Users may object to such processing by providing a ground related to their particular situation to justify
the objection.
Users must know that, however, should their Personal Data be processed for direct
marketing purposes, they can object to that processing at any time, free of charge and without providing any
justification. Where the User objects to the processing for direct marketing purposes, the Personal Data
will no longer be processed for such purposes. To learn, whether the Owner is processing Personal Data for
direct marketing purposes, Users may refer to the relevant sections of this document.
How to exercise these
rights
Any requests to exercise User rights may be addressed to the Owner at the contact
details provided in this document. These requests may be exercised free of charge and will receive a response
from the Owner, providing Users with the information required by law, as soon as possible and always within one
month. Any rectification or erasure of Personal Data or restriction of processing shall be communicated by the
Owner to each recipient to whom the Personal Data has been disclosed, where applicable, unless this proves
impossible or involves a disproportionate effort. Upon Users' request, the Owner will inform them about
these recipients.
Additional information about Data collection and processing
Legal action
The User's
Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal
action arising from improper use of Breathewell or the related Services.
The User declares to be aware
that the Owner may be required to reveal personal data upon request of public authorities.
Additional information about the
User's Personal Data
In addition to the information contained in this privacy policy,
Breathewell may provide the User with additional and contextual information concerning particular Services or
the collection and processing of Personal Data upon request.
System Logs and Maintenance
For
operation and maintenance purposes, Breathewell and any third-party services may collect files that record
interaction with Breathewell (System logs) use other Personal Data (such as the IP Address) for this purpose.
Information not included in this
policy
More details concerning the collection or processing of Personal Data may be requested from
the Owner at any time. Please see the contact information at the beginning of this document.
Changes to this Privacy
Policy
The Owner reserves the right to make changes to this privacy policy at any time by giving
notice to its Users on this page and possibly within Breathewell and/or – as far as technically and legally
feasible – sending a notice to Users via any contact information available to the Owner. It is strongly
recommended to check this page often, referring to the date of the last modification listed at the
bottom.
Should the changes affect processing activities performed on the basis of the User’s
consent, the Owner shall collect new consent from the User, where required.
Breathewell Terms and Conditions
The General Conditions govern:
- the use of Breathewell, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding manner. Capitalized words are defined in the relevant sections of this document.
The User must read this document carefully.
The following entity provides Breathewell:
Breathewell - 213 Rue Ernest, Dollard-des-Ormeaux, QC
GENERAL CONDITIONS OF USE
Unless otherwise specified, the terms of use detailed in this section generally apply while using Breathewell.
Unique or additional conditions of use may apply to particular contexts and are then indicated additionally within this document.
By using Breathewell, Users agree to comply with the following conditions:
Content on Breathewell
Unless otherwise indicated or clearly identifiable, all content accessible on Breathewell belongs to or is presented by the Owner or its licensors.
The Owner strives to ensure that the content presented on Breathewell does not violate any applicable legal provisions or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to the legal prerogatives of Users to enforce their rights, Users are preferably requested to report any complaints using the contact details provided in this document.
Access to external resources
Through Breathewell Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and will therefore not be responsible for their content and availability.
The terms applicable to resources provided by third parties, including those applicable to the possible granting of rights in the content, arise from the General Conditions of any third parties or, in their absence, from the applicable statutory law.
Acceptable Use
Breathewell and the Service may only be used for the purpose for which they were provided, under these Terms and Conditions and Applicable Law.
Users shall be solely responsible for ensuring that their use of Breathewell and/or the Service does not violate any applicable laws, regulations or third party rights.
Common provisions
Non-waiver clause
The Owner's failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver of this or any other term.
Service interruption
In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service to carry out maintenance, system updates or any other changes, informing Users properly.
Within the limits of the law, the Owner may also decide to suspend or terminate the Service as a whole. If the Service is terminated, the Owner will cooperate with Users to allow them to remove personal data or information and will respect Users' rights to continued use of the product and/or compensation, as provided by applicable law.
Additionally, the Service may not be accessible due to reasons beyond the reasonable control of the Owner, such as cases of “force majeure” (infrastructure failures or power outages etc.).
Resale of Service
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Breathewell and these Services without express prior permission, granted either directly or through a legitimate reseller program.
Intellectual Property Rights
Without prejudice to any specific provision of these Terms and Conditions, all copyrights, such as trademarks, patents and design rights associated with Breathewell are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks – nominal or figurative – and all other marks, trade names, word marks, illustrations, images, or logos appearing in connection with Breathewell are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
Modification of these General Conditions
The Owner reserves the right to modify or otherwise rectify these Terms and Conditions at any time. In such cases, the Owner will properly inform the User of such changes.
These changes will only have an impact on the relationship with the User from the date communicated to the User.
Continued use of the Service will signify the User's acceptance of the revised Terms and Conditions. If the User does not wish to be bound by such changes, he/she must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User may obtain any previous version from the Owner.
Contract assignment
The Owner reserves the right to transfer, assign, dispose of by
novation, or subcontract any or all rights or obligations under these Terms, taking into account the
User's legitimate interests.
The provisions regarding changes to these Terms will be applied
accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
Contacts
Any communication related to the use of Breathewell should be sent using the contact details listed in this document.
Divisibility
In the event that any provision of these Terms and Conditions is deemed invalid or unenforceable under Applicable Law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Personal Data (or Data)
Any information that directly, indirectly, or in connection with other information – including a personal identification number – allows for the identification or identifiability of a natural person.
Usage Data
Information collected automatically through Breathewell (or third-party services employed in Breathewell), which can include: the IP addresses or domain names of the computers utilized by the Users who use Breathewell, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.
User
The individual using Breathewell who, unless otherwise specified, coincides with the Data Subject.
Person concerned
The natural person to whom the Personal Data refers.
Subcontractor
The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.
Data Controller (or Owner)
The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of Breathewell. The Data Controller, unless otherwise specified, is the Owner of Breathewell.
Breathewell (or this Application)
The means by which the User's Personal Data is collected and processed.
Service
The service provided by Breathewell as described in the relative terms (if available) and on this site/application.
European Union (or EU)
Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
Cookies
Cookies are Trackers consisting of small sets of data stored in the User's browser.
Trackers
Tracker indicates any technology – e.g. Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting – that enables the tracking of Users, for example by accessing or storing information on the User’s device.
Legal information
This Privacy Policy applies only to Breathewell, unless otherwise stated within this document.