Last Updated: May 12th, 2017
1. Rthm Site and Rthm Services
Rthm’s Site is made available to you for the purpose of providing you with information about the services offered, including the Rthm Services and their associated applications (each a “Service”).
2. Acceptance and Modification of Terms
3. User Accounts
To access and use certain features of the Site and the Rthm Services, you will need to create an account (referred to as a “User Account”) or sign-in through your Facebook account.
You agree that you will: (a) maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Site: and (c) be responsible for all activities that occur under such password or account.
Further, you agree to immediately notify Rthm of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised. Failure to comply with this paragraph may result in immediate termination of your account. Rthm shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
5. Suspension and Termination of Access
All content and data made available by Rthm through the Site or the Rthm Services (the “Rthm Content”) is owned solely and exclusively by Rthm. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the Rthm Content; (b) market, sell, re-sell or make commercial use of the Site, Rthm Services or any Rthm Content; (c) systematically collect from the Site, Rthm Services and use any Rthm Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the Site, Rthm Services or the Rthm Content.
If you make any information, data or content available to Rthm on or through the Site or Rthm Services, including by contacting us, or providing comments or ideas about our Services or the Site or Rthm Services (referred to herein as “User Content”), you are deemed to grant Rthm a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Site or Rthm Services without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the Site or Rthm Services, or that is made available using your User Account. If you create any User Content, you represent that you have the right to do so.
7. Use Restrictions
8. Personal Information
10. Sales and Refund
If you have questions about your return or refund, we would be happy to help. Please contact us at: customerservice@Rthm.ca
11. Site and Services Provided “AS IS”
YOU UNDERSTAND AND AGREE THAT THE SITE, THE SERVICES, ANY RTHM CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE SITE, THROUGH RTHM OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER APPLICABLE LAW, RTHM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
RTHM DOES NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY SERVICES OR RTHM CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY RTHM CONTENT (OR OTHERWISE ON THE SERVICES) BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY. RTHM SPECIFICALLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, RTHM OR ANY OF THE SERVICES (INCLUDING THE PROVISION OF ANY RTHM CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY SERVICES, RTHM CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE SITE, RTHM AND ITS SERVER ARE FREE OF VIRUSES AND OTHER HARMFUL ELEMENTS.
YOU ACKNOWLEDGE THAT RTHM DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE SITE OR RTHM. EXCEPT AS OTHERWISE AGREED IN WRITING, RTHM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE OR RTHM.
IF YOU ARE DISSATISFIED WITH THE SITE, RTHM, THE SERVICES OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF RTHM IN OPERATING THE SITE AND IN PROVIDING THE SERVICES YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE SITE, RTHM AND SERVICES.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL RTHM, BE LIABLE TO YOU, OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE SITE, RTHM SERVICES, OR ANY RTHM CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE).
IN NO EVENT WHATSOEVER SHALL ANY OF RTHM, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “COMPANY PARTIES”) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF SITE, RTHM OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE SITE OR THE USE OF, OR RELIANCE ON, ANY RTHM CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE SITE, RTHM OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE COMPANY PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE SITE, RTHM, SERVICES AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU.
Rthm shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Rthm’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
You agree to indemnify and hold Rthm and Company Parties harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of the Users use of or conduct respecting the Site, Rthm, and Services offered.
All product, brand and company names, logos, trade-marks and brand elements displayed on the Site or Rthm or used in connection with the Services are the trade-marks of Rthm (or its suppliers, partner businesses or third party licensors). Any use of any of the marks appearing on the Site, Rthm or in connection with the Services without the express written consent of Rthm or the owner of the mark, as appropriate, is strictly prohibited.
18. Entire Agreement
It is the express will of Rthm that these Terms and all related documents on the Site, Rthm are in English.
20. Conformance with Law
23. Contact Us
The term “Personal Health Information” has the same meaning as set out under Ontario’s Personal Health Information Protection Act, 2004 (“PHIPA”) and includes information relating to an individual’s physical or mental health and health history. Personal Information also includes Genetic Information (described below), and includes any information collected through your use of the Site or the Rthm App, including but not limited to, heart rate information, sleep information, activity information, and mindfulness information.
All Personal Information and Personal Health Information collected by Rthm are treated and maintained in compliance with applicable privacy and health privacy legislation.
What Information Do We Collect?
When you sign up for an account on Rthm’s Site or one of the Associated Applications (“User Account”), you voluntarily provide us with certain personal information including your name, e-mail address, date of birth, age, gender, height, weight, and other data or information that has been requested by Rthm during the client account registration or renewal process (“Registration Data”). In order to purchase certain products or services from Rthm, your payment information, including credit card number or other form of payment, must be provided upon registration or upon purchase.
Collection of Genetic Information
Some or all of our users, may purchase, through the Rthm App or through the Rthm Site (but not through the Tau App), our genetic analysis services. If you do so, you will receive an Oragene-Dx DNA collection kit. By using the Oragene-Dx DNA collection kit and sending a saliva sample to Rthm, you are consenting to the processing, analysis, and storage of your DNA sample. Some users may upload previously acquired genetic data, such as data from a third party provider of genetic tests. By uploading your genetic data, you are consenting to the processing, analysis, and storage of your DNA information. The collection, processing and storage of your DNA sample (whether you receive an Oragene-Dx DNA collection kit or whether you upload your previously acquired genetic data), including the analyzed data is collectively referred to as your “Genetic Information”. You acknowledge that the analysis of your Genetic Information through Rthm may be used for the purposes as outlined below.
How Do We Use the Information We Collect?
We use the Personal Information and Personal Health Information we collect in order to:
- Provide you with the services offered by Rthm, including those provided through the Associated Applications.
- Help us create, develop, operate, deliver, and improve the Rthm service and other Rthm services, content and advertising, for loss prevention and anti-fraud purposes, and to comply with regulatory and legal requirements.
- Learn more about you and your product preferences by looking at your IP address and activity on websites. Rthm may also collect location data through the use of GPS technology and your IP address as part of the services provided by Rthm.
We may also use your Personal Information and Personal Health Information for:
- Marketing and Correspondence: From time to time, we may choose to keep you posted on Rthm’s latest products and service announcements, software updates and upcoming events that may be of interest to you. If you no longer wish to be on our contact list, you can opt-out any time by updating your preferences on your User Account.
- To promote services related to the Site or those of Rthm and/or our affiliates.
- Customer Support: If you contact our customer support with a comment, question or complaint, you may be asked for information that identifies you, such as your name and phone number in order to support any requests or inquiries made by you.
- To prevent, investigate or prosecute activity we think may be potentially illegal, unlawful or harmful.
Processing and Storage of your Personal Information
Personal Information and Personal Health Information will be collected, processed, stored and used by Rthm in connection with your use of the Site, creation of a User Account and use of the Rthm App, and may be transferred to third parties under the instruction of Rthm for processing and storage.
Your Personal Information and Personal Health Information may be processed and/or stored outside of Canada. Rthm undertakes measures to protect and keep confidential the Personal Information and Personal Health Information in its possession. However, if your Personal Information or Personal Health Information is stored and/or processed in other jurisdictions, the laws of other countries may not provide the degree of protection for Personal Information that is available in Canada. If your Personal Information is transferred outside of Canada, it may be available to the foreign government of the country in which the information or entity controlling it is situated under a lawful order made in that country and used for purposes other than those described herein. By providing us with your information, you acknowledge the above and are allowing your Personal Information and Personal Health Information to be transferred outside of Canada for the purposes specified above.
Sharing Your Personal Information
In accordance with this Policy, we may share your Personal Information or Personal Health Information with our affiliates and service providers who may be involved in delivering Rthm services to you, processing or storing data, providing customer support, and conducting customer research or satisfaction surveys. We may also share your Personal Information with our financial, insurance, legal, accounting or other advisors that provide such professional services to us. These service providers are obligated to protect your Personal Information and Personal Health Information, and they are only given the information necessary to perform their designated functions.
Rthm does not authorize any service providers to use or disclose your Personal Information or Personal Health Information for their own marketing or other purposes.
We may remove personal identifiers from your information and maintain and use it in anonymous form. De-identified information may be used in performing research, for educational purposes, business analytics, other commercial and non-commercial purposes, and may later be combined with other information to generate aggregated information. You agree that such anonymous, de-identified information and aggregated information may be sold, traded, rented, or shared with third parties.
We will not disclose, share, sell or rent your Personal Information or Personal Health Information in a personally identifiable form with any third party except if, you expressly consent, and to the extent necessary, in our good faith judgment, doing so is required to:
- comply with applicable laws or regulations;
- respond to a valid subpoena, order, or government request;
- establish or exercise the Rthm’s legal rights or defend against legal claims;
- investigate, detect, supress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or physical safety of any person; or
- as otherwise required by law.
You may also choose to independently share your Personal Information or Personal Health Information with individuals such as family members, friends, health care professionals or other individuals. If you choose to use third party services to share such information (i.e., social media, other websites or mobile applications), we remind you that Rthm does not have control over any of these third party service providers’ information practices or policies. Please review the privacy policies and terms of these third party service providers when accessing their services.
Rthm is responsible for Personal Information and Personal Health Information collected and under its control, including the transfer of Personal Information and Personal Health Information to a third party service provider for processing on our behalf.
Data integrity and security
We take data integrity and security seriously and aim to provide you with a safe experience. We have in place certain physical, electronic, technological, and organizational safeguards to appropriately protect the security and privacy of your Personal Information and Personal Health Information against loss, theft, and unauthorized access, disclosure, copying use or modification. Please note, however, that while we try to create a secure and reliable Site and application for users, the confidentiality of any communication or material transmitted to or from the Site, the Associated Applications, or via e-mail cannot be guaranteed.
Within Rthm, we limit access to your Personal Information and Personal Health Information to individuals on a need-to-know basis. In addition, your Personal Information and Personal Health Information is largely de-identified or anonymized to Rthm employees who have access to Personal Data.
Cookies and Similar Technologies
Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON SOME TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MIGHT NOT APPLY TO YOU.
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Rthm SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Rthm HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO, USE OF, ALTERATION OF OR DESTRUCTION OF YOUR TRANSMISSIONS OR DATA, INCLUDING YOUR PERSONAL INFORMATION; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
IN ANY EVENT, THE TOTAL LIABILITY OF 23ANDME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ADVISORS, TO YOU ARISING OUT OF ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING NEGLIGENCE) SHALL BE THE TOTAL AMOUNTS PAID TO 23ANDME BY YOU.
Third Party Links
The Site and the Associated Applications may contain links to third parties' websites. We are not responsible for the privacy practices or the content of those websites. The Site may also contain links to terms and conditions and privacy policies of third party providers who provide tools or services on a website. Therefore, please read carefully any privacy policies on those links or websites before either agreeing to their terms or using those tools, services or websites.
Accessing and Updating your Information
At any time you can contact us to: stop receiving e-mails from us; review the personal information held by the Company in connection with your account; withdraw your consent for our use and disclosure of your information; request a list of third parties to which Rthm may have provided your personal information; close your account; and amend your personal information, where possible, by logging into your User Account.
If you contact us about your Personal Information or Personal Health Information, we will respond to your request within a reasonable time and at no cost to you. We may require you to provide sufficient information to allow us to identify you and tell you about the existence, use and disclosure of your Personal Information and this Personal Information will only be used for this purpose.
Attention: Privacy Officer
675 King Street West, Suite 201
Toronto, Ontario, Canada