CLIENT PRIVACY INFORMATION

12 Weeks to Weight Loss and Wellness and their respective affiliates (Curtis Personalized Health Management Ltd and MER Health and Lifestyle Consultants Inc. (12 Weeks) respect your right to privacy. We recognize that you have provided, and will, from time to time be providing us with personal information (information) such as your name and contact information and information relating to your health, fitness and wellness.

As part of our ongoing sales and service relationship with you, we use, disclose and retain your information for the purposes of completing sales, service and credit transactions with you, responding to your requests for products, services and information, improving our products and services, better understanding of your needs and including you in marketing campaigns, all as described in more details below.

These privacy principles below are observed by 12 Weeks in the collection, use and disclosure of personal information. Each principle must be read in conjunction with the accompanying commentary. The commentary in the 12 Weeks privacy policy has been tailored to reflect personal information issues specific to 12 Weeks.

General
The 12 Weeks [and/or its agent(s)] intend(s) to collect, use or disclose the User’s personal information for the above mentioned purposes The User acknowledges and consents to the collection, use or disclosure of his or her personal information by 12 Weeks [and/or its agent(s)] for the above mentioned purpose(s).

The scope and application of this policy is as follows:

• The Policy applies to personal information about 12 Weeks customers and other individuals that is collected, used or disclosed by Curtis.
• This Policy does not apply to information about 12 Weeks corporate customers; however, such information is protected by other 12 Weeks practices and policies and through contractual arrangements.
• The Policy does not apply to 12 Weeks employees and agents; however, such information is protected by other 12 Weeks practices and policies through and through contractual arrangements.
• This Policy is subject to change and may be modified or supplemented by addition terms applicable between 12 Weeks and it’s customers.

1. ACCOUNTABILITY

12 Weeks is responsible for personal information under its control and shall designate one or more persons who are accountable for it’s compliance with the following principles:

1.1 12 Weeks shall designate and individual who is responsible for the compliance of these polices. The Chief Privacy officer shall be responsible for delegating the day-to-day responsibilities for administration of this Privacy Policy and other related privacy practices and policies to other employees.

1.2 12 Weeks shall make known, upon request the person or persons responsible to oversee the privacy policies.

1.3 12 Weeks is responsible for personal information in its possession or under it’s control. 12 Weeks shall use appropriate means to protect personal information while information is being processed by a third party on behalf of 12 Weeks.

1.4 Curtis shall implement policies and procedures to give effect to the policy, including:

A). Implementation procedures to protect personal information and oversee policy
Compliance with the 12 Weeks Privacy Policy;

B). establishing procedures to receive and respond to inquiries or complaints;

C). training and communicating to staff about 12 Weeks Policies and procedures; and;

D). developing public information to explain 12 Weeks Privacy Policies and procedures.

2. PURPOSE OF RETAINING CLIENT INFORMATION

12 Weeks shall identify and document the purpose for collecting personal information at or before the time the personal information is collected or, when appropriate, at, or before a time when the personal information is used for a new purpose.

Client information is obtained through a personal phone conversation, electronically or orally. 12 Weeks will convey the Privacy Policies to the individual through the same means.

2.1 Information regarding the individuals’ personal health and lifestyle habits is collected for the following purpose:

a. to gather information pertaining to the individual’s fitness, health and lifestyle habits in order to develop a plan to assist the individual in obtaining their personal goals;

b. to market new services and products to the individual;

c. to meet legal and regulatory requirements;

d. to manage and develop 12 Weeks business and operations;

e. for the purpose identified or obvious to individuals, in respect of particular respect of personal information;

f. to establish and maintain a responsible commercial relation ship with customers.

2.2 12 Weeks shall, as appropriate, specify orally, electronically or in writing, the identified purposes to the individual at or before the time the personal information is collected. Upon request, personas collecting the information shall explain the purposes or refer to the designated person within 12 Weeks who shall explain the purposes.

3. CHANGING THE PURPOSE OF USE.

The purpose of using the personal information has no other use than to help the consultant draw up a plan and provide tools for the customer to seek an end to their means.

4. NON-IDENTIFYABLE INFORMATION

12 Weeks shall use appropriate methods to ensure personal information is secure and non-identifiable.

5. CONSENT

The knowledge and consent of an individual are generally required for the collection, use or disclosure of personal information. In certain circumstances, personal information can be collected, used or disclosed without the knowledge or consent of the individual, such as in the case of an emergency when the life, health or security of an individual is threatened.

12 Weeks may disclose information without the knowledge or consent to a lawyer or other advisor representing 12 Weeks, to collect a debt or comply with a subpoena, warrant or other court order, or as may be otherwise required or authorized by law.

5.1 In obtaining consent, 12 Weeks will use a reasonable effort to ensure that an individual is advised of the identified purpose on which the information shall be used or disclosed. The purpose shall be stated in a manner that can be reasonably understood by the individual.

5.2 Generally, 12 Weeks shall seek consent to use or disclose information at the time of collection. However, 12 Weeks may seek consent to use and disclose personal information after it has been collected but before it is used or disclosed for a new purpose.

5.3 12 Weeks will require the individual to consent to the use or disclosure of personal information as a condition of the supply of a product or service only such collection, use or disclosure is reasonably required to fulfill the identified purpose.

5.4 In determining the appropriate form of consent, 12 Weeks will take into the account of the sensitivity of the information and the reasonable expectations of the individual.

5.5 Where consent is required for a particular use or disclosure. The individual may withdraw consent at anytime, subject to legal and contractual restrictions and reasonable notice. Individuals may contact 12 Weeks for more information regarding the implications of withdrawing consent.

5.6. PROCEDURES

a. WHAT IS THE INFORMATION

The Information collected is in the form of questionnaires regarding the overall state of the individuals’ health and wellness. This information is obtained either orally, written or electronically:

• Once the forms are gathered from the client. The 12 Weeks consultant will review the information to assist in determining the most appropriate program for that client.

b. WHO PROVIDES AND COLLECTS THE INFORMATION

• The personal information is forwarded with approval to the individual via written fax, electronically or hand delivered.

• Personal information is collected by the 12 Weeks team member who has the initial interview with the potential customer.

• If that consultant elects to work with the customer, then the consultant will create a program either by themselves or work with the Personal training program director. The information is then passed on to the administration office to be secured.

c. HOW IS CONSENT GIVEN

Each of the forms stated above clearly contain a statement to be signed as proof.

d. INFORMING THE INDIVIDUAL THAT THEY MAY WITHDRAW CONSENT AT ANYTIME

As part of each of the consent statements, there is a sentence that informs the consultant that they are allowed to withdraw his or her consent at any time.

e. WHY IS CONSENT NOT GIVEN?

If consent is not given to complete the above forms then 12 Weeks cannot take the individual as a customer.

f. . TIME FRAME IN WHICH CONSENT IS MAINTAINED

Consent is maintained through the following:

a. until the client requests otherwise;
b. through a reasonable period of time that is indicates the
information is no longer necessary or relevant.

6. PROCEDURES REVIEW SCHEDULE

Procedures are reviewed in the monthly team meetings. Changes in the personal information process is then determined and acted upon according to these practices.

7. DESTROYING PERSONAL INFORMATION

12 Weeks shall maintain reasonable and systematic controls, schedules and practices for information, records, retention and destruction which apply to personal information which is no longer necessary or relevant for the identified purposes or required or permitted by law. Such information shall be destroyed, erased or made anonymous.

• This process will be completed through a checklist system.

8. EXCEPTIONS TO THE ORIGINAL PURPOSE OF CONSENT AT THE TIME OF COLLECTION

Exceptions are made through the following process:

1. Changes or exceptions to the original purpose of consent must be approved in writing or electronically by the 12 Weeks program director.

2. Any exceptions to the original purpose of consent must be approved in writing or electronically from the individual.

9. LIMITING USE OF PERSONAL INFORMATION

12 Weeks shall not use or disclose personal information for the purpose other than for which it was collected, except with the consent of the individual or that is otherwise required by law. 12 Weeks shall retain information only as so long as necessary for the fulfillments of the purpose or as required or permitted by law.

10.1 12 Weeks may disclose an individual’s personal information to:

a. a personal who in reasonable judgement of 12 Weeks is seeking the information
as an agent of the individual;

b. a company or individual employed by 12 Weeks to perform functions on its behalf,
such as but not limited to research or data processing;

c. another company or individual for the development, enhancement, marketing or
provision of any of 12 Weeks product or services;

d. an agent used by 12 Weeks to evaluate the individual creditworthiness or collect the
individuals’ account;

e. a credit reporting agency;

f. a public authority or agent of a public authority , if in the reasonably judgement of
12 Weeks, it appears there is imminent danger to life or property, which could be
avoided or minimized with the use or disclosure of information;

g. another entity as part of a merger, sale of assets, or all or part of a business, or any other
corporate change or reorganization;

h. a third party or parties, where the individual consents to disclosure pr disclosure is
required or permitted by law.

10.2 Only 12 Weeks employees or agents with a business need to know, or whose duties reasonably so require are granted access to individual personal information.

11. HOW IS PERSONAL INFORMATION TRANSMITTED

Transmission of personal information is orally, written, fax or electronic.

12. CUSTOMER COMMUNICATIONS

12.1 12 Weeks will make readily available to individuals specific information about its’ policies and practices related to the management of personal information.

12.2 Copies of the policies will be made available upon request.

12.3. Upon request, 12 Weeks will inform the individual of the existence, use and disclosure of their personal information, at a minimal or not cost to the individual. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

12.4 In certain circumstances, 12 Weeks may not be able to provide access to all information that it holds about an individual. For example, 12 Weeks may not be able to provide access to personal information if doing so would likely reveal information about a third party or could reasonably be expected to threaten the life or security of individual, may reveal commercial information, if the information is protected by solicitor – client privilege.

If access to the information is denied. 12 Weeks will provide, upon request, a reason for the denial of information.

13. SECURITY SAFEGUARDS

12 Weeks will protect personal information by security safeguard appropriate to the sensitivity of the information.

13.1 12 Weeks will take appropriate and reasonable steps to protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use modification or destruction.

13.2 12 Weeks will take appropriate and reasonable steps to protect personal information disclosed to third parties, for example by contractual agreements stipulating the confidentiality of the personal information and the purposes for which it is being used.

13.3 In order to safeguard personal information, an individual may be required to provide sufficient personal identification information to permit 12 Weeks to authorize access to the individual’s file.

13.4 Individuals can seek access to their personal file by contacting the designated representative at 12 Weeks.

14. PRIVATE INFORMATION COLLECTIONS PROCESS

Personal Information is collected from individuals electronically, orally, mail and / or in person.

A. 12 WEEKS PROGRAMS AND SERVICES – DIRECT TO ADMINISTRATION OFFICE

DELIVERING AND RETRIEVING CONFIDENTIAL INFORMATION

i. E-MAIL AND E-FILES

All e-mails pertaining to the transmission of personal information will contain the consent statement at the bottom of the e-mail text.

ii. HARD COPY – MAIL

Each personal information form will contain a consent statement at the top of each form.

iii. HARD COPY – IN PERSON

The same form is delivered to one of the onsite team to process and secure.

iv. PERSONAL INFORMATION TRANSMISSION

All personal information is collected and secured on site.

v. Personal information is then collected and filed and locked in the appropriate storage location in the administration office.

vi. All forms will follow standard industry practices and consent statements.

D. ASSESSMENTS

Assessment forms are distributed in the methods described above and collected on site by a designated individual. This information is then placed on hardcopy file and maintained by the designated 12 Weeks consultant.