Privacy and Terms and Conditions
PRIVACY POLICY
LAST UPDATED: August 27, 2026
Zenith Human Performance Inc. (“Zenith Human Performance”) is committed to respecting your privacy and protecting the personal information we collect. In this Privacy Policy, “personal information” means information about an identifiable individual; “sensitive information” includes health-related, fitness-related, injury-related, training/performance, and payment-related information; and “health information” means personal health information and records related to clinical or physiotherapy services, and is a subset of sensitive information.
This Privacy Policy explains how we collect, use, disclose, and protect personal information through our website and in the course of providing our services, including clinical/physiotherapy services and training/performance services. By using this website or submitting personal information through it, you agree to the practices described in this Privacy Policy as they relate to website use. Where we collect personal information in the course of providing services, we will obtain your consent as described in this Privacy Policy.
We may update this Privacy Policy from time to time. Any updates will be posted on this page with a revised “Last Updated” date and will apply going forward from the date they are posted. Your continued use of this website or our services after an update is posted constitutes acceptance of the updated Privacy Policy. Where we materially change how we collect, use, disclose, or retain personal information in a way that requires it, we will take reasonable steps to notify affected individuals in advance and will obtain any additional consent required by law.
1. Information We Collect
We may collect personal information that you voluntarily provide through our website or in the course of using our services, including:
- names;
- phone numbers;
- email addresses; and
- health-related, fitness-related, or injury-related information;
- emergency contact information;
- insurance information;
- payment-related information;
- other sensitive information; and
- other information you choose to submit through contact forms, inquiries, intake, booking, or other service communications or provide during the course of the services.
In addition to information voluntarily submitted through the website, we may collect information about how the website is used through cookies and similar technologies, as described below, including traffic patterns, page visits, time spent on pages, and interactions with website content. We use this information to improve website performance, content, user experience, and marketing effectiveness.
Our website contact forms are not a secure channel for sensitive information. Please do not submit personal health information or other sensitive information through the website unless we have specifically requested it and unless you expressly consent to its collection, use, and disclosure for the stated purpose.
2. Consent and Accountability
We collect, use, and disclose personal information with your consent, except where otherwise permitted or required by law. The form of consent we rely on depends on the sensitivity of the information: for sensitive information, including health information, we obtain express, opt-in, informed consent for the identified purpose. Health information is collected only for purposes related to providing care and treatment or otherwise managing the applicable clinical relationship. You may withdraw your consent at any time, subject to legal or contractual restrictions (such as regulatory record-retention obligations or outstanding service commitments) and reasonable notice, although this may affect our ability to provide certain services.
3. How We Use Personal Information
We may use personal information collected through the website or in the course of providing our services to:
- respond to inquiries;
- provide requested information, services, or follow-up communications;
- communicate with you about your request, including obtaining any additional consent needed to collect or use sensitive or health-related information;
- operate, maintain, and improve our website and services;
- measure and improve website performance and marketing effectiveness;
- protect against fraud, misuse, or unauthorized activity; and
- comply with legal and regulatory requirements.
We do not sell personal information to third parties for marketing purposes.
4.Disclosure of Personal Information
We do not disclose personal information for purposes other than those identified at the time of collection without obtaining further consent, except as permitted or required by law. We do not disclose health information to third parties without the client’s explicit, informed consent, except where permitted or required by law. We are responsible for personal information under our control, including information transferred to service providers (meaning third parties that process personal information on our behalf and under our instructions, our “service providers”).
We may disclose personal information in the following circumstances:
- to service providers or contractors who assist us with website hosting, website maintenance, email services, form processing, appointment booking and practice-management platforms, analytics, advertising measurement, cookie consent management, or related business operations;
- where permitted or required by law;
- where necessary to investigate fraud, security issues, or other unlawful activity;
- in connection with a sale, merger, financing, reorganization, or other business transaction, or the potential for one, subject to appropriate confidentiality protections; and
- with your consent or as otherwise directed by you.
5. Cookies, Tracking and ANALYTICS
Our website uses cookies and similar technologies to help us operate the website, understand how visitors use it, improve performance, and measure the effectiveness of our marketing. These technologies may include browser cookies, tracking pixels, analytics tools, scripts, and tags.
We use Google Analytics to collect information about how visitors interact with our website. This may include information such as pages visited, time spent on pages, browser type, device type, referral source, approximate geographic location, and general interactions with our website. We use this information to understand website traffic and user behaviour and to improve our website and marketing. Google Analytics is not used in connection with the delivery of clinical, physiotherapy, or other professional services.
Essential cookies are used to provide requested website functions. Where required by applicable law, we will not use non-essential analytics, advertising, tracking, or profiling cookies or similar technologies unless you have first provided opt-in consent. Users may accept, reject, withdraw consent, or manage their preferences at any time through our cookie banner or cookie settings tool. Users can also adjust browser settings to block or delete cookies, although doing so may affect certain website functions.
6. Third Party Processing and Outside Canada Transfers
Information collected through Google Analytics, website hosting, email, form-processing, appointment booking and practice-management platforms (including WellnessLiving), security, and other service providers may be processed by third party service providers. These providers may process or store information outside Canada, including in the United States or other jurisdictions where they operate, for purposes such as website operation, analytics, advertising measurement, communications, security, storage, support, and service delivery. As a result, personal information may be subject to the laws of those jurisdictions.
7. Retention
We retain personal information only for as long as reasonably necessary to fulfill the purposes for which it was collected, to manage our relationship with you, to meet legal, regulatory, accounting, professional, insurance, and business requirements, and to resolve disputes or enforce agreements. Clinical/physiotherapy records, health information, training/performance records, payment records, and other service records may be subject to different legal, professional, business, liability, and age-based retention periods. When personal information is no longer required, we will securely destroy, erase, or anonymize it using reasonable measures appropriate to the sensitivity of the information, including secure destruction of paper records and secure deletion or export of electronic records where applicable. Information collected through cookies and tracking technologies is retained in accordance with our business needs, our account settings, and the retention practices of the applicable third party providers, unless a shorter period is required by law.
8. Security
We take reasonable steps to protect personal information collected through our website and in connection with our services from unauthorized access, use, disclosure, alteration, or loss. Sensitive information, including health-related information, will be subject to safeguards appropriate to its sensitivity, which may include physical, technical, and administrative safeguards; role-based and minimum-necessary access; individual user accounts and secure passwords where available; restrictions on shared administrative accounts; staff confidentiality obligations; secure or encrypted communications where appropriate; access monitoring or audits; and procedures for reporting and addressing suspected incidents. Where applicable, Zenith Human Performance will also comply with any obligations that apply to regulated health information or professional services, including Alberta’s Health Information Act ("HIA") or applicable professional college requirements. However, no method of internet transmission or electronic storage is completely secure, and we cannot guarantee absolute security of information during transmission over the internet.
9. Health Records and the Health Information Act.
Some of our practitioners may be “custodians” under the HIA. Where a practitioner is a custodian, health information collected to provide clinical care is governed by the HIA and the standards of the applicable regulatory college, and our collection, use, disclosure, retention, and safeguarding of that information follow those requirements. Clinical/physiotherapy records are also handled under applicable professional standards, including College of Physiotherapists of Alberta guidance.
This Privacy Policy governs personal information we collect through our website and general business operations. Where clinical health records and website or business information overlap, the more protective standard will generally apply. If you are unsure which regime applies to your information, please contact our Privacy Officer.
10. Third Party Links
Our website may contain links to third party websites. We are not responsible for the privacy practices, content, or policies of those third party websites. Users should review the privacy policies of any third party sites they visit.
11. Access, Correction, Complaints, and Privacy Rights
Subject to limited exceptions under applicable law, you may request access to personal information we hold about you and request correction of inaccurate or incomplete personal information. You may also withdraw consent as described in the Consent and Accountability section above, although this may affect our ability to provide certain services or respond to requests.
Questions, access or correction requests, complaints, and escalations may be directed to our Privacy Officer using the contact information below. We will respond within the time required by applicable law. If you are not satisfied with our response, you may contact the Office of the Information and Privacy Commissioner of Alberta or another applicable privacy regulator.
12. Privacy Breach Response
If we become aware of a suspected or confirmed loss of, unauthorized access to, unauthorized use of, or unauthorized disclosure of personal information, health information, or payment information, we will take reasonable steps to contain, investigate, document, and remediate the incident. The Privacy Officer will oversee or support the investigation, take or recommend corrective action, and coordinate required follow-up. Where the incident creates a real risk of significant harm, or where notification is otherwise required by Alberta’s Personal Information Protection Act, HIA, or other applicable law, we will notify affected individuals, the Office of the Information and Privacy Commissioner of Alberta, or other regulators or organizations without unreasonable delay and in any event within the time required by applicable law, and we will keep records of reportable breaches as required by law.
13. Children and Minors
Our website is not directed to children or minors under the age of 18. We do not knowingly collect personal information from individuals under the age of 18 without appropriate parent or guardian consent where required by law. If we learn that we have collected personal information from a minor without required consent, we will take reasonable steps to delete or de-identify that information, unless retention is required or permitted by law.
14. Electronic Communications (Anti-Spam)
Where we send commercial electronic messages, such as newsletters, promotions, or marketing communications, we do so only in accordance with Canada’s Anti-Spam Legislation (CASL). We will send such messages only with your express or implied consent as permitted by law, will clearly identify ourselves and provide our contact information, and will include an unsubscribe mechanism in each message. You may withdraw your consent to receive commercial electronic messages at any time, and we will give effect to that request within the time required by law. Transactional, service-related, and legally required communications may continue to be sent regardless of your marketing preferences.
15. Video Surveillance.
Zenith Human Performance may use video surveillance at its facilities to support safety and security, protect clients, staff, visitors, and company property, and investigate accidents, injuries, incidents, complaints, emergency situations, insurance matters, legal matters, or other safety or security concerns. Cameras are used only in common areas and are not used in washrooms, change rooms, treatment rooms, private offices, staff break areas, or other areas where individuals have a heightened expectation of privacy. Video surveillance systems do not record audio and are not used for routine employee performance monitoring. Access to footage is restricted to authorized personnel and footage is reviewed only where reasonably necessary for security, safety, operational, insurance, legal, or investigative purposes. Surveillance footage is stored through the facility’s security system provider and is generally deleted after approximately 30 days unless needed for an active investigation, insurance claim, legal proceeding, or safety review; retained footage is securely stored and deleted once the applicable matter is resolved or no longer requires the footage. Signage will be posted at facility entrances notifying clients, staff, and visitors that video surveillance is in use.
16. PRIVACY OFFICER Contact Information
If you have any questions about this Privacy Policy, our use of cookies or tracking technologies, your privacy rights, out-of-country handling of personal information, our privacy practices generally, please contact our Privacy Officer:
Roman Thauern
Zenith Human Performance Inc.
5737 Burbank Rd SE, Calgary, AB T2H 1Z5
roman@zenithyyc.com
Terms and Conditions
1. Acceptance of Terms
In these Terms and Conditions, “Terms and Conditions” means these website terms and conditions as amended from time to time.
By accessing or using this website, you agree to be bound by these Terms and Conditions and all applicable laws. If you do not agree with any part of these Terms and Conditions, you should not use this website.
2. Website Use
The content on this website is provided for general information purposes only. You may use this website for lawful personal and non-commercial purposes only.
You agree not to:
- copy, reproduce, republish, or distribute website materials except as permitted by law;
- use the website or its content for unlawful or unauthorized purposes;
- attempt to interfere with the proper operation or security of the website; and
- attempt to gain unauthorized access to any portion of the website, server, or related systems.
3. Intellectual Property
All content on this website, including text, graphics, logos, images, and other materials, is the property of Zenith Human Performance Inc. ("Zenith Human Performance") or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws.
No right, title, or interest in any content is transferred to you through your use of this website.
4. No Professional Relationship Created by Website Use
Use of this website, including submitting an inquiry or reading website content, does not in itself create a therapist-patient relationship, client relationship, or any other formal professional relationship with Zenith Human Performance unless and until such a relationship is formally established.
5. No Medical Advice or Emergency Services
Website content is provided for general informational purposes only and is not medical, health, therapeutic, diagnostic, or professional advice. You should not rely on website content as a substitute for advice from a qualified health professional. This website is not intended for emergencies or urgent medical matters; if you require urgent or emergency assistance, seek immediate medical attention.
6. Accuracy of Information
We make reasonable efforts to ensure the information on this website is accurate and current. However, the website content may contain errors, omissions, or outdated information. Zenith Human Performance does not guarantee that all website content will always be accurate, complete, or current.
We may modify website content at any time without notice.
7. Third Party Links
This website may include links to third party websites for convenience or reference. Zenith Human Performance is not responsible for the content, availability, or practices of any linked third party websites. Accessing third party websites is at your own risk.
8. Disclaimer
This website and its contents are provided on an “as-is” and “as-available” basis. Zenith Human Performance disclaims all warranties, representations, and conditions, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
9. Limitation of Liability
To the fullest extent permitted by law, Zenith Human Performance will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of, or inability to use, this website or its contents. Nothing in these Terms and Conditions limits or excludes any liability that cannot be limited or excluded under applicable law.
10. Changes to These Terms
Zenith Human Performance may revise these Terms and Conditions at any time by updating this page. Your continued use of the website after any changes are posted constitutes acceptance of the revised Terms and Conditions.
11. Indemnification
You agree to indemnify and hold harmless Zenith Human Performance and its personnel from any claims, losses, damages, liabilities, costs, or expenses (including reasonable legal fees) arising out of your use of this website or your breach of these Terms and Conditions, to the fullest extent permitted by law.
12. Suspension and Termination
We may suspend or terminate your access to this website at any time, without notice, where we reasonably consider it necessary, including for any breach of these Terms and Conditions.
13. Privacy
Your use of this website is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference.
14. Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
15. No Waiver
Our failure to enforce any provision of these Terms and Conditions is not a waiver of that provision or of our right to enforce it later.
16. Entire Agreement
These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Zenith Human Performance regarding your use of this website.
17. Assignment
You may not assign or transfer these Terms and Conditions. We may assign these Terms and Conditions, including to our successors and assigns, in connection with a business transaction, reorganization, or otherwise at our discretion.
18. Contact
Questions about these Terms and Conditions may be directed to Zenith Human Performance at hello@zenithyyc.com. For privacy-related inquiries, please contact our Privacy Officer using the contact information in our Privacy Policy.
19. Governing Law
These Terms and Conditions are governed by the laws of the Province of Alberta and the applicable laws of Canada. Any disputes arising from or relating to the use of this website shall be subject to the exclusive jurisdiction of the courts of Alberta.
