Tan FX Sun Tanning Studios External Privacy Policy

At Tan FX Sun Tanning Studios (“Tan FX”), your privacy is important to us. We are committed to maintaining the confidentiality, security and accuracy of your personal information. This External Privacy Policy (the “Privacy Policy”) describes the personal information that Tan FX collects in the normal course, how we use it and to whom that information may be disclosed.

This Privacy Policy applies to and governs Tan FX Sun Tanning Studios and their Licensees (collectively “Tan FX” or the “Tan FX Group”). All references in this Privacy Policy to “Tan FX”, “we”, “us”, “our” and like terms should be interpreted accordingly.

This Privacy Policy does not apply to personal information received by Tan FX from individuals who seek to be or are employed by Tan FX nor personal information received by Tan FX from individuals who use our website.

This Privacy Policy does not address information about companies or other forms of business associations. Such information is protected by other Tan FX policies and practices and through contractual arrangements.

This Privacy Policy applies only to Tan FX’s activities that are subject to the provisions of Canada’s federal and provincial privacy legislation, including, where applicable, the federal Personal Information Protection and Electronic Documents Act and The Privacy Act (Manitoba).

What is Personal Information?

For the purposes of this Privacy Policy, “personal information” means information about an identifiable individual. This does not include the name, title, business address or telephone number of an employee of an organization when used for business communications.

What Personal Information Do We Collect?

We collect and maintain different types of personal information about individuals with whom we interact. This includes:

• Contact and identification information, such as name, address, telephone number, facsimile number and e-mail address;
• Product and service related information, including with respect to tanning and related services provided by Tan FX;
• Credit and financial information such as billing and credit history or payment history
• Health care history;
• Customer relationship information; and
• Business relationship information, such as preferences.

In some cases, we may be required by applicable law or regulation to collect information about you without your knowledge or consent.

Why Do We Collect Personal Information?

Tan FX collects personal information to allow us to manage and develop our business and operations, including:

• Establishing, managing and terminating relations with you;
• Reviewing the products and services that we provide to you or obtain from you;
• Informing you of our services other than those that you have specifically requested, including sending you information promoting other services;
• Informing you of products or services that other members of the Tan FX Group or third parties that we have carefully selected as partners may wish to offer you;
• Complying with your requests;
• Protecting against error and providing security for property and persons;
• Enabling us to comply with applicable law or regulatory requirements; and
• Any other reasonable purpose to which you consent.

When Do We Use or Disclosure Personal Information?

Your personal information may be used or disclosed, for example:

• For the purposes described in this Privacy Policy;
• Where required by applicable law or regulation or by the rules of conduct that govern the tanning and related services industry;
• To protect against error and where providing security;
• During emergency situations or where necessary to protect the safety of a person or group of persons;
• Where the information is public personal information;
• To employees, contractors, consultants and other parties (including other members of the Tan FX Group) who require the information to assist us to establish, maintain and manage our relationship with you, including, for example, third parties that provide services to us or on our behalf or third parties that collaborate with Tan FX in the provision of services to you;
• To another party, in the event of a change in ownership of or granting of security interests in all or a part of Tan FX through, for example, some form of merger, financing or other form of business combination, provided that the parties are bound by appropriate agreements or obligations; or
• With your consent.

We may use or disclose your personal information without your knowledge or consent where we are required by applicable law or regulation. Tan FX is not in the business of selling personal information to third parties.

Consent

We may collect, use or disclose your personal information where we have your consent to do so or as provided in this Privacy Policy. Depending on the sensitivity of the personal information, your consent may be implied, deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you accept our services, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to your acceptance and use of those services or for other purposes identified to you at the relevant time.

Typically, we will seek your consent at the time that we collect the personal information. In some circumstances, your consent may be obtained after collection but prior to our use or disclosure of your personal information.

We may use or disclose your personal information without your knowledge or consent where we are required by applicable law or regulation.

We assume, unless you advise us otherwise, that having received a copy of this Privacy Policy and by continuing to deal with us, you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Policy.

You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our Privacy Officer using the contact information set out below.

Protecting Personal Information

Tan FX will endeavour to safeguard personal information using methods that are appropriate to the sensitivity of the information.

Updating Personal Information

It is important that the personal information Tan FX holds about you is accurate and current. Tan FX asks that you to keep us informed of changes to your personal information.

Accessing Your Personal Information

You can ask to see the personal information that we hold about you. If you want to review, verify or correct your personal information, please contact our Privacy Officer using the contact information set out below. Please note that any such communications must be in writing.

When making an access request, we may require specific information from you to confirm your identity and right to access, as well as to search for, and provide you with, the personal information that we hold about you. We may charge you a fee to access your personal information; but we will advise you of any fee in advance. If you need help in preparing your request, please contact our Privacy Officer.

Tan FX may not be able to provide you with access to your personal information, where such refusal is permitted or required by applicable law, regulation or rules of professional conduct. Subject to any legal, regulatory or rules of professional conduct restrictions, Tan FX will inform you of the reasons why access has been denied.

Contacting Us

To get more information about this Privacy Policy, or to change or withdraw your consent under this Privacy Policy, you can write to us at:

Revision to this Privacy Policy

Tan FX may from time to time make changes to this Privacy Policy to reflect changes in legal or regulatory obligations or changes in the manner in which we deal with personal information. We will post any revised version of this Privacy Policy on our web site. Any changes to this Privacy Policy will be effective from the time they are posted, provided that any change that relates to our collection, use or disclosure of your personal information will not apply to you unless you consent to that change.