Privacy Policy

March 16th, 2023

PRIVACY POLICY
 
CalendHer Technologies Corp., the entity behind Flöka (“Flöka”), together with our affiliates and distributors (collectively, “our”, “us”, or “we”) owns and operates the Flöka website www.flöka.co (“Website”) and mobile and web platform application (“App”) through which we provide the Practitioner Services (defined below) and any other content and services provided by us through the Website or App (collectively, “Flöka Services”). The term “User” refers to Flöka end users of the Flöka Services and the terms “you” and “your” refer to Users and Practitioners (defined below). This privacy policy (“Privacy Policy”) describes how we collect, use, and disclose your personal information and personal health information (collectively, “Personal Information”) when you use the Flöka Services. 

We may change this Privacy Policy from time to time at our sole discretion. We encourage you to review this Privacy Policy each time you use the Flöka Services to see if the Privacy Policy have been changed, as indicated by the “Last Updated” date set out above. Flöka may require you to provide consent to the updated Privacy Policy before further use of the Flöka Services is permitted. 

1. Privacy Practices of Practitioners. This Privacy Policy does not apply to the collection, use, and disclosure of User Personal Information by wellness and healthcare professionals (“Practitioners”) who use the App to provide wellness or health consultations, recommendations and information to Users based on a User’s health and wellness needs (“Practitioner Services”). Practitioners may be subject to their own respective privacy laws and professional requirements that govern how they collect, use, and disclose a User’s Personal Information. We encourage Users to read the Practitioner’s respective privacy policy to understand how Personal Information may be collected, used, and disclosed by that Practitioner.

2. Privacy Practices of Third-Party Integrations. When you use the App, you may choose to use certain third-party applications integrated with Flöka (“Third-Party Integrations”). For example, Users may connect and and sync Personal Information from Third-Party Integrations to their Flöka Account or choose to use Third-Party Integrations to contact us or login to their Flöka Account. Further, Practitioners may enable Third-Party Integrations to enhance the Practitioner Services experience for their End Users. This Privacy Policy does not apply to the collection, use, and disclosure of your Personal Information by Third-Party Integrations. We encourage Users to read the privacy policy of the respective Third-Party Integration and applicable Practitioner to understand how User Personal Information may be collected, used, and disclosed using Third-Party Integrations.

3. Consent. When you registered for a Flöka account to use the App, we obtained your consent to collect, use, or disclose your Personal Information to (i) provide the Flöka Services to you (including but not limited to enable creation of your Flöka account); or (ii) register you as a Practitioner on the App (as applicable). Practitioners are required to obtain their own consents for the collection, use and disclosure of User Personal Information during Practitioner Services. Consents can be provided orally, in writing, electronically, through an authorized representative, or can be implied when the purpose for collecting, using, or disclosing the Personal Information would be considered obvious, and the User provides Personal Information for that purpose. Except as set forth in this Privacy Policy, your Personal Information will not be collected, used, or disclosed for any other purpose without your consent. 

4. Personal Information You Provide Us. You may disclose Personal Information to us as follows:
a. By Creating a Flöka Account. As a User, when you create a Flöka account to use the App, we collect the following: name, email address, date of birth, and address. When you register to become a Practitioner, we collect the following: name, email address, phone number, address, billing information, information about your medical practice, information about your registration and licensing with provincial regulators (as applicable), and any other Personal Information required to go through the Practitioner verification process that we may request at the time of verification.  
b. By Using the App. When you use the App, we collect the following: any Personal Information (including, without limitation, tracking information related to sleep, symptoms, menstrual cycles, body temperature, nutrition, fitness, mood, and weight) that you manually input into the App or share with the App via a Third-Party Integration. If you share Personal Information with the App via a Third-Party Integration, you may choose the Personal Information they would like to sync with your Flöka account and may choose to disconnect sharing of Personal Information using a particular Third-Party Integration at any time.
c. By Contacting Us. When you contact us (whether via email, the App, a Third-Party Integration, or one of our social media accounts), we collect any Personal Information you choose to provide to us. If you require customer support for using the App as a Practitioner, we may contact you via a Third-Party Integration (including but not limited to Zoom) and record the customer service session. Any Personal Information shared or recorded via a Third-Party Integration under this Section 4(c) will be subject to this Privacy Policy, but please note that your Personal Information will also be subject to the terms of the applicable Third-Party Integration. 
d. By Applying to Work with Us. If you would like to work with us and submit hiring materials to us, we collect any Personal Information you share with us in your hiring materials, such as your resume, cover letter, transcripts, or certifications. 

5. Personal Information we Collect when You Use the Flöka Services. When you use the Flöka Services, Flöka may collect certain information through technologies such as cookies and other automatic data collection technologies (“Cookies”). We may use Cookies to compile aggregate statistics about usage of the Flöka Services, such as how long you spend using the Flöka Services, and what parts or pages of the Flöka Services are viewed most often. This information is used to improve the content and operation of the Flöka Services. We may also use Cookies to promote Flöka Services through marketing and advertising. These Cookies may be accessed or disclosed to third parties for the purpose of serving you relevant advertisements. You can opt out of Cookies or prevent third-party websites from accessing our Cookies through the privacy settings on your browser. However, opting out of Cookies may disable some of the Flöka Services and may prevent us from providing you with the information and services you have requested.

6. How We Use Personal Information. We use your Personal Information in the following ways:
a. To authenticate and verify you during account creation and onboarding;
b. To provide access to the Flöka Services; 
c. To provide, maintain, improve, and enhance the Flöka Services;
d. To develop new Flöka products, features, and services;
e. To communicate with you, provide you with updates and other information relating to Flöka Services, provide information that you request, respond to comments and questions, and otherwise provide customer support;
f. For marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be relevant, valuable, or otherwise of interest to you, where you have subscribed to receive such materials;To find and prevent fraud, and respond to trust and safety issues that may arise;
g. For compliance purposes, as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; andFor other purposes for which we provide notice at the time the Personal Information is collected.

Flöka reserves the right to aggregate and anonymize Personal Information shared by you via the Flöka Services and use such aggregated and anonymized information as we see fit. 

7. Who We Share Your Information With. We may share your Personal Information with third parties, such as our affiliates, selected business partners, suppliers, and sub-contractors, while performing our contractual obligations. These third parties may include web hosting partners, IT service providers, and our affiliate company.We have put in place contractual and other organizational safeguards with such third parties to protect your Personal Information from unauthorized uses and disclosures. Such third parties have limited access to Personal Information solely for the purposes described herein, and they will be subject to contractual restrictions prohibiting them from using such Personal Information for any other purpose.  

In addition, we may disclose your Personal Information to third parties:
a. In connection with a corporate re-organization, a merger or amalgamation with another entity, or a sale of all or a substantial portion of our assets or shares, including any due diligence exercise carried out in relation to the same, provided that the Personal Information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the Personal Information;
b. If we have reason to believe that disclosing this Personal Information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities; or
c. If we believe in good faith that such disclosure is required by and in accordance with the law.Our servers and those of third parties who may receive your Personal Information may be located outside of Canada. Accordingly, your Personal Information may be available to foreign governments or their agencies under a lawful order, irrespective of the safeguards we have put in place for the protection of your Personal Information.

8. Third Parties. The Flöka Services may contain links to third-party websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that this Privacy Policy does not apply to the collection, storage, use, and sharing of your Personal Information by such third parties.

9. Data Retention and Deletion. We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. All retained Personal Information will remain subject to the terms of this Privacy Policy. You have the right to ask us to remove your Personal Information from our databases, and we will do so to the best of our ability, but it may not be possible to completely delete all your Personal Information due to technological and legal constraints (for example, when your Personal Information pertains to another user).

10. Access and Accuracy. You may access the Personal Information we hold about you to verify accuracy of your Personal Information, to have a general account of our uses of your Personal Information, and to correct your Personal Information as appropriate. Upon receipt of your written request, we will provide you with a copy of your Personal Information although in certain limited circumstances, we may not be able to make all relevant Personal Information available to you (for example, where that Personal Information also pertains to another user). In such circumstances, we will provide reasons for the denial to you upon request. We will make every reasonable effort to keep your Personal Information accurate, and to respond to your in a timely manner. 

11. Contact Us. If you want to enforce any of your rights under this Privacy Policy or if you have any questions regarding this Privacy Policy or your Personal Information, please contact our Data Protection Officer per the information below:
a. Via email: Email us at privacy@calendher.co using the subject line “Attention: Privacy Officer”.
b. Via mail: Mail us correspondence to 321 Water Street, Suite 501, Vancouver BC V6B 1B8.