Falcongate Ltd., doing business as How to Feel Fantastic (“How to Feel Fantastic“, “our”, “we”, “us”, etc.), is the owner of the How to Feel Fantastic website and associated services, which consist primarily of programs and resources, including newsletters, podcasts, self-help information and other similar materials, to help people manage stress, anxiety, and depression.
How to Feel Fantastic is committed to maintaining the privacy of individuals and protecting personal information in its custody or control in accordance with privacy legislation applicable to How to Feel Fantastic.
Among other things, this Policy describes our obligations and practices under the Personal Information Protection Act (Alberta) (“PIPA“) and the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA“), as applicable. Personal information we collect, use and disclose is generally processed in Alberta, so in most, if not all cases, PIPA will be the applicable legislation.
This Policy applies only to individuals and does not apply to information about corporations or other legal entities other than individuals. While How to Feel Fantastic respects its obligations of confidence to legal entities other than individuals, only individuals have rights of privacy.
In this Policy, the following terms have the following meanings:
- Business contact information means an individual’s name and position or title as an official or employee of an organization, as well as their business telephone number, business address, business e-mail, business fax number and other business contact information.
- Collection of personal information means obtaining personal information from any source, including the individual themselves and any third party.
- Disclosure of personal information means allowing or providing access to all or part of the personal information. Disclosure will generally be external to How to Feel Fantastic.
- Personal information means information about an identifiable individual, which does not include information of an aggregate or anonymous nature where a specific individual or individuals cannot be identified. Personal information also does not include business contact information, as long as business contact information is used to contact an individual in their capacity as an employee or official of an organization, and for no other purpose.
- Use of personal information means processing or utilizing such information in any manner, including but not limited to using such information to contact the individual. Use includes accessing the information, retaining the information, and how long the information is retained. Use will generally be internal to How to Feel Fantastic.
Privacy and our website
We do not collect any personal information from you when you simply visit our website at http://www.HowtoFeelFantastic.com other than cookies which are small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymized tracking data to third party applications like Google Analytics.
As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.
However, you should be aware that most web servers do collect some information about visitors, such as the browser and version you are using, your operating system, and you “IP” or internet address, which may identify your Internet Service Provider or computer but not the person using it.
If you do proceed to provide us with personal information, such that anonymous information may no longer be anonymous, and it may then become personal information subject to this Policy.
If you voluntarily submit personal information to us by email or other online means for purposes of obtaining information or other interaction or communication with us, we will consider that you have done so with your consent for purposes reasonably related to your providing the information. If reasonable to do so, after our initial response, we may send further information to you with information that may be useful, but we will include instructions on how to terminate receiving such further information.
Please be advised that the Internet and email are inherently insecure media, and we cannot and do not take responsibility for the security or privacy of personal information in transit over the Internet.
Please note that our website may contain links to other websites which are provided as a convenience for visitors to our website only. Any third party websites will have their own privacy policies and practices, and we cannot be and are not responsible for such third parties or their websites.
Sources and subjects of personal information
How to Feel Fantastic generally collects, uses, and discloses personal information about the following types of individuals:
- Employees and independent contractors (where such contractors are individuals) of How to Feel Fantastic for the purposes of establishing, managing and terminating employment and contractor relationships.
- Shareholders and investors in Falcongate Ltd., both current and prospective or potential;
- Directors and officers of Falcongate Ltd., both current and prospective or potential;
- Customers and clients of How to Feel Fantastic, both current and prospective or potential;
- Suppliers to How to Feel Fantastic, both current and prospective or potential, where such suppliers are individuals; and
- Other individuals who may voluntarily choose to provide How to Feel Fantastic with personal information.
Except in the case of employees, How to Feel Fantastic does not knowingly collect, use or disclose personal information about individuals under the age of eighteen years. How to Feel Fantastic may enter into employment relationships with students or other employees under the age of eighteen.
Where practical, we try to collect personal information directly from the person to whom the information pertains. Where necessary, we collect personal information from other sources.
When collecting personal employee information from other sources, or when using or disclosing the personal information we have collected, we will, where legally required, first obtain the consent of the individual.
Notification and consent
Subject to this Policy and applicable legislation, we will identify the purposes for collection, use and disclosure in advance of collection, and will notify the individual of the purposes for collection, use or disclosure at or before the time of collection. It is the policy of How to Feel Fantastic to obtain consent of individuals at or before the time their personal information is collected, unless applicable law provides otherwise.
It is the general policy of How to Feel Fantastic to not use or disclose personal information in its custody or control except with the consent of the individual and then only for identified purposes. However, individuals should be aware that there are exceptions to the requirement for consent as described in this Policy.
In certain circumstances, specifically those set out in applicable legislation, the law does not require that How to Feel Fantastic obtain consent or provide notification. How to Feel Fantastic reserves all its rights to rely on any available statutory exemptions and exceptions.
Exceptions to the requirement for consent
How to Feel Fantastic may collect, use or disclose personal information without consent in circumstances that include but are not limited to the following:
- Where a reasonable person would consider that the collection, use or disclosure of the information is clearly in the interests of the individual and consent of the individual cannot be obtained in a timely way or the individual would not reasonably be expected to withhold consent;
- Where the collection, use or disclosure of the information is pursuant to a statute or regulation of either Alberta or Canada that authorizes or requires its collection, use or disclosure;
- Where the collection of the information is from a public body and that public body is authorized or required by an enactment of Alberta or Canada to disclose the personal information to How to Feel Fantastic, and, with respect to use or disclosure by us, we are then authorized or required to use or disclose the personal information;
- Where the collection, use or disclosure of the information is reasonable for the purposes of an investigation or a legal proceeding;
- Where the information is publicly available;
- Where the collection, use or disclosure of the information is necessary in order to collect a debt owed to How to Feel Fantastic or for How to Feel Fantastic to repay to an individual money owed by How to Feel Fantastic;
- With employees, there are certain circumstances related to personal employee information where consent is not necessary but notification may be required. See the section entitled “Employees” below.
- In certain circumstances, where the information may be disclosed without consent, it may also be used without consent.
How to Feel Fantastic will in all cases collect, use and disclose personal information as required by applicable law, which includes, but is not limited to, the laws related to shareholders in corporations, and directors and officers of corporations. It is also the policy of How to Feel Fantastic to cooperate to the full extent permitted or required by law with law enforcement and governmental agencies requesting disclosure of personal information in the custody or control of How to Feel Fantastic.
In addition to the above, the law generally provides that an individual is deemed to consent to the collection, use or disclosure of personal information about that individual for a particular purpose if the individual voluntarily provides the information for that purpose, and it is reasonable that a person would voluntarily provide that information. If you provide personal information to us voluntarily, we will rely on deemed consent and consider that you consent to our collection, use or disclosure of your personal information as necessary to carry out the purposes for which you provided the information.
Where a new purpose for the use or disclosure of personal information previously collected arises, How to Feel Fantastic will contact the individual in question to obtain any required consent or to provide any required notification for use and/or disclosure for such new purpose or purposes.
Where practical, How to Feel Fantastic will try to collect personal information directly from you. Where necessary, How to Feel Fantastic will collect personal information from other sources. When How to Feel Fantastic collects personal information about individuals directly from them, except when their consent to the collection is deemed or has otherwise been previously and lawfully obtained, or is not legally required, we will tell them the purpose for which the information is collected, and the name of a person who can answer questions about the collection.
Why and how we collect, use and disclose personal information
How to Feel Fantastic generally collects, uses, and discloses personal information for the following purposes:
- Shareholders and investors: How to Feel Fantastic is required by applicable laws and regulatory authorities to collect, use, and disclose certain information with respect to its shareholders. How to Feel Fantastic also collects, uses, and discloses personal information about its investors and shareholders to establish, maintain and termination relationships with them, and to communicate with and interact with its investors and shareholders.
- Directors: How to Feel Fantastic is required by applicable laws and regulatory authorities to collect, use, and disclose certain information with respect to its directors. How to Feel Fantastic also collects, uses, and discloses personal information about its directors and officers in order to manage its business and establish, maintain and terminate its relationships with those individuals.
- Customers and clients: How to Feel Fantastic collects, uses, and discloses personal information about its individual customers and clients for reasonable purposes in order to establish relationships, manage relationships, and manage the end or termination of relationships with customers and clients.