FILIUM®
PRIVACY POLICY
YOUR PRIVACY: OVERVIEW
This privacy policy (this “Privacy Policy”) sets out the privacy policies and practices for Filium Corp. and its subsidiaries and affiliates (“Filium Corp.”) with respect to the collection, use, and disclosure of personal information in connection with this website and other websites operated or provided by Filium Corp., including www.Filium.com, www.Ablyapparel.com, and various subdomains, (collectively, the “Sites”). This Privacy Policy also sets out how visitors to or users of the Sites (“you”) can access and correct certain information that Filium Corp. may collect. In this Privacy Policy, “personal information” means information about an identifiable individual as further defined under applicable privacy laws.
Please note that this Privacy Policy applies only to information collected from you by Filium Corp. via the Sites and does not apply to information obtained or disclosed in offline correspondence, at retail stores or other distribution channels or through other personal contacts with Filium Corp. representatives. Further, the Sites may contain links to other third party websites that are not controlled or operated by Filium Corp. This Privacy Policy does not apply to such third party websites, and Filium Corp. is not responsible for the content of such third party websites or the privacy practices of such third parties. Therefore, Filium Corp. encourages you to request and review the privacy policies of any third parties upon disclosing your information such parties or visiting such third party websites.
CONSENT
BY SUBMITTING PERSONAL INFORMATION TO FILIUM CORP. OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE THAT FILIUM CORP. MAY COLLECT, USE AND DISCLOSE THAT PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting Filium Corp. at the address provided below. If you refuse or withdraw your consent, Filium Corp. may not be able to provide you or continue to provide you with certain services or information, which may be of value to you.
REVISIONS TO THIS PRIVACY POLICY
Filium Corp. reserves the right, in Filium Corp’s. discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. All revisions will be posted to the Sites and will apply to any personal information collected on or after the date posted. However, Filium Corp. will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.
This Privacy Policy was last updated April 2016.
COLLECTION OF YOUR INFORMATION
Filium Corp. may collect personal information in connection with your use of the Sites, which may include information provided in connection with the following activities:
Registering or filling in forms on the Sites. This includes information you may provide when you request additional information about Filium Corp’s. products and services or sign up to receive Filium Corp’s. e-mail newsletters or coupons.
Completing a profile on the Sites.
Purchasing any product through the Sites.
Providing product feedback or making other submissions to Filium Corp.
Requesting information or assistance through the Sites. Filium Corp. may also keep a copy of any communications or correspondence you may send to it, including any e-mail communications.
Participating or responding to consumer survey or requests for consumer’s opinions, concerns, and preferences regarding Filium Corp. products.
Participating in consumer contests, sweepstakes and other promotions.
Using other features of the Sites that may be offered from time to time, and may require such information in order to utilize the feature.
The personal information that Filium Corp. may collect may include your name, username, password, email address, age, date of birth, gender, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, and any other personal information that you choose to include in your profile, or in other communications to Filium Corp. You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual that is provided by you to Filium Corp.
Filium Corp. may also collect information that may not be personal information, which may include, but is not limited to, the frequency of user visits to the Sites, the routes by which users access the Sites and use of any hyperlinks available on the Sites. Filium Corp. or its service providers and agents may process and use this aggregate data for various purposes including, but not limited to, analysis of this data for trends and statistics, development of the Sites and the Sites’ features and offerings, assessing patterns of use, or planning and evaluating marketing initiatives. This information is gathered by certain tools and methods such as the collection of your IP address or the use of cookies and is maintained, used and disclosed in aggregate form unless otherwise noted.
COOKIES
Like many websites, Filium Corp. utilizes “cookies” to maintain a record of your visit to the Sites. A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer. It can only be read by the server that sent it to you. This information does not identify you personally and you remain anonymous unless you have otherwise provided Filium Corp. with personal information.
Cookies help Filium Corp. to improve the Sites and to deliver more personalized service by enabling Filium Corp. to estimate audience size and usage patterns; to store information about your preferences; to speed up your searches and to recognize you when you return to the Sites.
Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting Filium Corp. cookies, you may follow your Internet browser’s steps for doing so. Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the Sites.
IP ADDRESSES
An IP address is a computer’s numeric address, by which it can be located within a network. Filium Corp. may record your IP address when you visit or use services or features on the Sites. Filium Corp. may use your IP address for the purposes noted above, and also to help diagnose problems with Filium Corp’s. server, or to administer the Sites. Filium Corp. may also use your IP address to identify you when Filium Corp. feels it is necessary to enforce compliance with this Privacy Policy or the Terms of Use, or to protect the Sites, systems, information, employees, service providers, business partners, users, customers and others.
To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, Filium Corp. uses physical, technological and administrative procedures to protect the personal information that Filium Corp. collects through the Sites that are appropriate to the sensitivity of the personal information.
Nevertheless, Internet transmissions are never completely private or secure. You understand that any messages or information you send to the Sites may be read or intercepted by others. If you have any questions about the security of personal information collected by Filium Corp., please contact: [email protected]
You should also be aware that certain aspects of the Sites are not confidential and are available for public viewing. For example, other users of the Sites will be able to view your profile and goals that are publicly available. Any submissions that you may post to any publicly available blogs or other publicly available features of the Sites are not confidential and may be viewed by other users of the Sites. By making personal information publicly available where the Sites allow you to do so, you consent to such publication by Filium Corp. or its service providers and agents. Please refer to the Terms of Use for additional provisions relating to user submissions that may apply to you.
USE OF YOUR PERSONAL INFORMATION
Upon Filium Corp’s. collection of your personal information, Filium Corp. may use such personal information internally, separately or in combination with pre-existing information, for the following purposes:
To develop, enhance, market sell or otherwise provide information, products or services;
To establish and conduct commercial relationships, including to process purchases or other transactions through the Sites and to conduct or administer other transactions that you may engage in with Filium Corp. on or through the Sites;
To conduct or administer contests, sweepstakes or other promotions in which you have participated;
To contact you and to respond to any communications that you may have had with us;
To troubleshoot problems with the Sites;
To customize your experience or homepage on the Sites;
To develop and manage Filium Corp’s. business and operations;
To enforce Filium Corp’s. Terms of Use or comply with this Privacy Policy;
To detect and protect Filium Corp. and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with Filium Corp’s. policies and contractual obligations;
To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Filium Corp.;
As permitted by, and to comply with, any legal or regulatory requirements or provisions; or
For any other purpose to which you consent.
Personal information collected on the Sites may be stored and processed in the United States, Canada or abroad. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.
DISCLOSURE OF YOUR INFORMATION
Filium Corp. may disclose your personal information to its subsidiaries or affiliates and to third parties whom Filium Corp. hires to provide services on Filium Corp’s. behalf, including support services, website services, delivering promotional materials, and answering customer questions about Filium Corp’s. products and services. Filium Corp. will only provide those third parties with the personal information that they need to deliver the services to Filium Corp. and/or on Filium Corp’s. behalf, and they will be contractually prohibited from using that information for any other purpose. In the event that Filium Corp. is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Filium Corp., your personal information and any other information Filium Corp. may have collected through your use of the Sites may be transferred to another party in connection with such transaction. Filium Corp. may also disclose your personal information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of Filium Corp. business or operations; as consented to by you from time to time, including to fulfill any other purposes that are identified when the personal information is collected; or as otherwise permitted or required by law.
RETENTION OF YOUR PERSONAL INFORMATION
The personal information that you provide will be retained by Filium Corp. in accordance with applicable laws. However, Filium Corp. will take reasonable steps to destroy or permanently de-identify personal information it holds if it is no longer needed for Filium Corp. business purposes.
CHILDREN’S PRIVACY
Filium Corp. recognizes the privacy interests of children and Filium Corp. encourages parents and guardians to take an active role in their children’s online activities and interests. The Sites are not intended for children under the age of 18. Nirvana does not target its services or the Sites to children under 18. Nirvana does not knowingly collect personal information from children under the age of 18.
CHOICE AND OPT-OUT PREFERENCES
Filium Corp. does not collect your personal information unless you choose to provide it. If, at any time, you prefer not to receive further email communications from Filium Corp. (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast e-mail that is sent to you by Nirvana. If, at any time, you prefer not to receive any other form of communication from Nirvana, you will have the ability to unsubscribe from such communications by contacting: [email protected]
ACCESS AND CORRECTION
Upon your written request, subject to certain exceptions, Filium Corp. will inform you of the existence, use and disclosure of your personal information and give you access to, and correct errors or omissions in respect of, that information. Requests for access or corrections should be sent in writing to the Privacy Officer at the address provided below.
QUESTIONS OR COMMENTS
Filium Corp. welcomes questions and comments about this Privacy Policy. Questions or comments should be directed to: