TERMS OF USE – SECURE HEALTH EXCHANGE
THE SECURE HEALTH EXCHANGE IS OWNED AND OPERATED BY BRIGHTSQUID SECURE COMMUNICATIONS CORP. (“BRIGHTSQUID”).
ACCESS AND USE OF THE SECURE HEALTH EXCHANGE (AND ITS RELATED SERVICES) IS PROVIDED BY BRIGHTSQUID TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING OR USING THE SECURE HEALTH EXCHANGE (OR ANY OF ITS RELATED SERVICES), YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THE SECURE HEALTH EXCHANGE (OR ANY OF ITS RELATED SERVICES).
You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into these Terms of Use and to perform and otherwise discharge all of your obligations hereunder.
Brightsquid may modify these terms of use from time to time and such modification shall be effective upon posting by Brightsquid in the Secure-Mail application. You agree to be bound to any changes to these terms of use when you use the Secure Health Exchange (or any of its related services) after any such modification is posted. It is therefore important that you review these terms of use regularly to ensure you are updated as to any changes.
You may not interfere with the security of, or otherwise abuse the Secure Health Exchange or any websites, system resources, services or networks connected to or accessible through the Secure Health Exchange. You may only use the Secure Health Exchange (or any of its related services) for lawful purposes.
Jurisdiction and Age
If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these terms of use according to age and you are under such a jurisdiction and under such age limit, you may not enter into these Terms of Use or use the Secure Health Exchange (or any of its related services).
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to use the services offered by the Secure Health Exchange, you may not enter into these Terms of Use or use the Secure Health Exchange (or any of its related services).
By using the Secure Health Exchange you are explicitly stating that you have verified in your own jurisdiction if your use of the Secure Health Exchange (or any of its related services) is allowed. Your profile may be deleted and these Terms of Use may be terminated without warning, if we believe that you are under age or your use of the Secure Health Exchange (or any of its related services) is not allowed.
User Accounts
You will be required to open an account to use the Secure Health Exchange (or any of its related services). To open an account you must complete the registration process by providing complete and accurate information requested on the registration form. You may be asked to provide a username (typically, this will initially be the email that you have chosen to associate with your account) and password.
Where we offer you the ability to choose your own username(s) in connection with the Secure Health Exchange (or any of its related services), we will use reasonable efforts to assign such username(s) to you upon your request, provided however that you may not select, and we reserve the right to reject, any username that (i) has already been assigned, (ii) we determine, in our sole discretion, is offensive, violates applicable law, is an attempt to reserve username(s) without the intent to use them, is an attempt to impersonate another, or may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade-name, trademark, registered trademark, service mark, or proprietary or other rights of another. Where we reject a requested username, we may, in our sole discretion, assign an alternate username, ask you to select another username or terminate these Terms of Use.
You agree that you are entirely responsible for maintaining the confidentiality of your username and password and that Brightsquid and any of its partners, affiliates, officers, directors, employees, consultants, agents, and representatives will not be held responsible for any loss related to any lost, stolen or otherwise misappropriated username or password.
You may not use the account, username, or password of anyone else at any time, unless you are authorized to do so by such other user and Brightsquid.
In some cases, the Secure Health Exchange may permit you to create a family account so that you may use same for the benefit of your spouse or child(ren). You are responsible for each use that is made of such account for your, your spouse’s or your child(ren)’s benefit. You are responsible for obtaining and maintaining all necessary consents and permissions for each such use. For clarity, these Terms set out circumstances in which you may use the Secure Health Exchange on behalf of another individual, and where you are doing so (as permitted), references to “you” and “your” in these Terms include the child or other individual listed in your account for whom you using the Secure Health Exchange.
You acknowledge and agree that you shall be responsible for each and every access, use or employment of the Secure Health Exchange (and any of its related services) that occurs in conjunction with your passwords and user identifications, and that Brightsquid is authorized to accept the user identifications and passwords as conclusive evidence that you have accessed, utilized, or otherwise employed of the Secure Health Exchange (or any of its related services).
You agree to notify Brightsquid immediately on any unauthorized use, theft or misappropriation of your account, username, or password. Brightsquid shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
You may deactivate your user account at any time, for any reason, by contacting Brightsquid Please see our Privacy Policy in relation to our management of requests for deactivation of a User Account.
Health Care, Privacy & Health Information
You may use the Secure Health Exchange to interact with your health care practitioner (including, their office or clinic), other health care practitioners or your patient. Brightsquid is not a health care provider. The Secure Health Exchange (and its related services) enables the exchange of information between health care practitioners and their patients and other health care practitioners. Health care practitioners are regulated and licensed by various public or regulatory bodies. Should you have any questions about your health care practitioner please direct such questions directly to them or the applicable regulatory body. For example, the relationship between you and your physician is a physician-patient relationship. Brightsquid is not a party to that relationship. Each health care practitioner is independent of Brightsquid and is solely responsible for any health services they provide to you.
In some instances, a health care practitioner may establish an account for their office or clinic; this account may be accessible by such health care practitioner, the other health care practitioners who are part of such office or clinic, and their staff. When you communicate with such an account, you are consenting to your information being accessible by each of them.
THERE ARE RESTRICTIONS ON THE HEALTH CARE SERVICES THAT CAN BE PROVIDED THROUGH THE SECURE HEALTH EXCHANGE. YOU MUST NOT USE THE SECURE HEALTH EXCHANGE FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 (OR YOUR LOCAL EMERGENCY NUMBER) IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
Brightsquid is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit the Secure Health Exchange (or any of its related services). Please see our Privacy Policy for further details.
You acknowledge and agree that access to and use of the Secure Health Exchange (and any of its related services) is provided via the Internet. Information stored in the Secure Health Exchange is stored in Canada, but may be accessible in other jurisdictions via the Secure Health Exchange.
The Secure Health Exchange (and its related services) may be used to exchange health information between health care practitioners and their patients.
If you are a health care practitioner, additional terms may apply to your use of the Secure Health Exchange. Please refer to the appropriate document identified below to review the additional terms applicable to your use of the Secure Health Exchange ("Additional Terms"):
Alberta
United States of America
In the event of any conflict between these Terms of Use and the applicable Additional Terms, the applicable Additional Terms shall govern.
Our systems may collect information related to your visit to the Secure Health Exchange, including the IP address and domain used to access the Secure Health Exchange, the type and version of your browser, the website you came from to access the Secure Health Exchange, the page you entered and exited at, any page that is viewed by that IP address when using the Secure Health Exchange and what country you are from. We use this information to monitor our system performance (such as number of visits, average time spent, page views), to enable us to operate and manage our systems and services and to better understand our user community so that we can work to continually upgrade our systems and services.
If you are an individual, your use of the Secure Health Exchange (and its related services) indicates your consent to use the Secure Health Exchange (and its related services), including the exchange, storage and management of your health information in same.
Acceptable Use
You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning or through the Secure Health Exchange (or any of its related services). Brightsquid does not condone or allow spam. You agree that you will not use the Secure Health Exchange (or any of its related services) to send unsolicited commercial or other e-mail.
You shall not, directly or indirectly, send, submit, post, receive or otherwise facilitate, or in any way use, or permit to be used, the Secure Health Exchange (or any of its related services), to send, submit, post, receive or otherwise facilitate the transmission of any materials that are abusive, obscene, profane, sexually explicit, threatening, or materials containing blatant expressions of bigotry, racism or hate. You shall comply with all applicable laws (including, but not limited to export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). Although Brightsquid is not responsible for any such communications or materials, we may delete any such communications or materials of which we become aware, at any time without notice to you. You acknowledge and agree that you shall be responsible and liable for all uses made by you of the Secure Health Exchange (or any of its related services).
You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Brightsquid’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use. Brightsquid may, without notice, temporarily suspend your, or any other parties, access to the Secure Health Exchange (and any of its related services), (including, without limitation, any specific areas hosted within the Secure Health Exchange) by deactivating any password(s) or links to the Internet if Brightsquid reasonably suspects that you, or any other parties, are obtaining unauthorized access to Brightsquid’s other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as Brightsquid may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
In addition, you agree that you will not (i) remove or alter any copyright, trademark, brand elements or other proprietary notices; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Secure Health Exchange, except as expressly permitted by Brightsquid; (iii) link to, mirror or frame any portion of the Secure Health Exchange; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Secure Health Exchange, or unduly burdening or hindering the operation and/or functionality of any aspect of the Secure Health Exchange.
Brightsquid Materials
Brightsquid may make certain software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively "Brightsquid Materials") available to you from the Secure Health Exchange (or any of its related services). If you download or use Brightsquid Materials, you agree that such materials: (i) may only be used for the purpose for which they were provided, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Brightsquid's prior written permission, and (iii) shall be only be used in compliance with any license terms accompanying such materials. Brightsquid does not transfer either the title or the intellectual property rights to the Brightsquid Materials, and retains full and complete title to the Brightsquid Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Brightsquid Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any Brightsquid Materials into a human-perceivable form. Brightsquid or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
The Secure Health Exchange, (including its organization and presentation and Brightsquid Materials) is the property of Brightsquid and its licensors and may be protected by intellectual property laws including laws relating to patents, copyrights, trade-marks, trade-names, internet domain names and other similar rights.
Brightsquid Materials are provided for information purposes only and do not constitute, nor should they be relied upon as, medical or health care advice or any endorsement, representation or warranty regarding the safety, appropriateness or effectiveness of any particular treatment or medication for you. Brightsquid does not provide any health care services.
Your Materials
When you load or create materials (including files, text, video, audio and images contained in or generated by such materials and accompanying data) on the Secure Health Exchange ("User Materials") you are granting Brightsquid, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives a license to use your User Materials in connection with the operation of the Secure Health Exchange (or any of its related services). By loading or creating User Materials on the Secure Health Exchange, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to load or create such User Materials and that such User Materials do not violate any applicable laws. You agree that the burden of proving that any User Materials do not violate any laws or third party rights rests solely with you.
You are solely responsible for your User Materials. You are solely responsible for making and keeping back up copies of your User Materials and for applying the appropriate level of access rights to same. Brightsquid shall not be responsible or liable for the deletion or accuracy of any User Materials.
You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of the Secure Health Exchange (or any of its related services) and agree to obtain and maintain all such consents or permissions throughout the term of these Terms of Use.
Fees for Related Services
Brightsquid may, from time to time, provide certain services through the Secure Health Exchange on a fee basis. Where you elect to receive such services, you agree to pay, through the payment mechanism selected by you and approved by us, all amounts due and owing for such services as more particularly set out in the order confirmation provided at the time that you ordered such services. We may amend the Secure Health Exchange and any of its related services and/or the amounts that we charge for same at any time, without prior notice. Fees do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for, and shall promptly pay, same. If Brightsquid terminates these Terms of Use because of your breach of its terms, you shall not be entitled to the refund of any unused portion of any fees you have already paid. You agree that Brightsquid may collect interest at the lesser of 1.5% per month (18% per annum) or the highest amount permitted by law on any amounts not paid when due.
Currency of website
Brightsquid may make information or related resources available to you through the Secure Health Exchange. Brightsquid may update such information and related resources periodically. However, Brightsquid cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information or related resources on the Secure Health Exchange. Brightsquid may revise, supplement or delete information and/or the resources contained in the Secure Health Exchange and reserves the right to make such changes without prior notification to past, current or prospective visitors or users.
Linked websites
The Secure Health Exchange may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Brightsquid monitors or endorses these websites. Brightsquid does not accept any responsibility for such websites. Brightsquid shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
Internet software or computer viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Secure Health Exchange. Computer viruses or other destructive programs may also be inadvertently downloaded from the Secure Health Exchange.
Brightsquid shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Secure Health Exchange or your downloading of any of the Brightsquid Materials or User Materials (collectively, "Materials") from the Secure Health Exchange. Brightsquid recommends that you install appropriate anti-virus or other protective software.
Brightsquid is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the Secure Health Exchange.
Website and Materials Provided “As Is”
THE SECURE HEALTH EXCHANGE, ITS RELATED SERVICES AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BRIGHTSQUID DOES NOT REPRESENT OR WARRANT THAT THE SECURE HEALTH EXCHANGE, ITS RELATED SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SECURE HEALTH EXCHANGE, ITS RELATED SERVICES AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL BRIGHTSQUID OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF HEALTH, BUSINESS OR OTHER INFORMATION, OR ANY OTHER SIMILAR LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SECURE HEALTH EXCHANGE, ITS RELATED SERVICES, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN EVERY EVENT, BRIGHTSQUID’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SECURE HEALTH EXCHANGE, ITS RELATED SERVICES OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) US DOLLARS.
THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR BRIGHTSQUID TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY BRIGHTSQUID, BRIGHTSQUID WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold Brightsquid harmless against all claims or liability asserted against Brightsquid arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.
Feel free to email your comments, suggestions and feedback (collectively, “Feedback”) to Brightsquid at the e-mail addresses provided in the Secure Health Exchange. However, the Internet is not a fully secure medium and any Feedback may be lost, intercepted or altered. You agree with respect to any Feedback provided by you to us via e-mail that: (i) Brightsquid has no obligation concerning such Feedback; (ii) Feedback is non-confidential; (iii) Brightsquid may use, disclose, distribute or copy the Feedback and may use any ideas, concepts or know-how contained in the Feedback for any purpose; and (iv) the Feedback is truthful and disclosure of the Feedback does not violate the legal rights of others.
Access Related to Alleged Violations
To ensure that Brightsquid provides a high quality experience for you and for other users of the Secure Health Exchange (and any of its related services), you agree that Brightsquid or its representatives may access your account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Secure Health Exchange (and any of its related services), and you agree to give Brightsquid full access to your account and all information and records related thereto without the need for additional authorization and without any claim to privacy or other rights to such account and related information and records.
Brightsquid does not intend to disclose the existence or occurrence of such an investigation unless required by law or if requested by law enforcement officials, but Brightsquid reserves the right to terminate your account or your access to the Secure Health Exchange (and any of its related services) immediately, with or without notice to you, and without liability to you, if Brightsquid believes that you have violated any of these Terms of Use, furnished Brightsquid with false or misleading information, or interfered with use of the Secure Health Exchange (or any of its related services) by others.
Term and Termination
Brightsquid may, from time to time, but is in no way obligated to, permit you to access and use the Secure Health Exchange (or any of its related services) in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree that access to the Secure Health Exchange (or any of its related services) may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Brightsquid shall not, in any event, be responsible to you in any way should you be unable to access the Secure Health Exchange (or any of its related services) at any time or from time to time.
Brightsquid may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use the Secure Health Exchange (or any of its related services) and/or terminate these Terms of Use or any of the licenses granted hereunder. Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof. Upon termination of these Terms of Use, you shall immediately cease and desist all use of the Secure Health Exchange (and any of its related services).
Applicable law
The Secure Health Exchange is controlled, operated and administered by Brightsquid from within the Province of Alberta, Canada. The Secure Health Exchange can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing the Secure Health Exchange, you acknowledge and agree that all matters relating to access to or use of the Secure Health Exchange shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.
WHERE PERMITTED UNDER THE APPLICABLE LAW, WE EACH AGREE THAT EACH OF US WILL BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH OF US AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
General
Brightsquid’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
You shall not assign these Terms of Use or any of your rights hereunder without the prior written consent of Brightsquid.
Your obligations under these Terms of Use will survive the termination of these Terms of Use, or of any license granted under these Terms of Use, for whatever reason.
If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demand que cette convention ainsi que tous les documents qui s'y rattachent soient en anglais.
SECURE HEALTH EXCHANGE PRIVACY POLICY
At Brightsquid Secure Communications Corp. ("Brightsquid") we are committed to maintaining the privacy, confidentiality and security of your personal information. This Privacy Policy describes the personal information that Brightsquid collects from or about you, how we use and to whom we disclose that information when you use Secure Health Exchange.
This Privacy Policy applies to the identifiable information of all organizations and individuals using Secure Health Exchange. For more information about Brightsquid’s other privacy practices please contact our Privacy Officer (contact details provided below).
BY USING SECURE HEALTH EXCHANGE, YOU ARE CONSENTING TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY AND, WHERE YOUR INTERACT WITH THE PERSONAL INFORMATION OF OTHERS IN SECURE HEALTH EXCHANGE (SUCH AS THE PERSONAL INFORMATION OF A FAMILY MEMBER OR PATIENT), YOU REPRESENT THAT YOU HAVE THEIR CONSENT TO DO SO. IF YOU DO NOT CONSENT OR DO NOT HAVE SUCH CONSENT, PLEASE DO NOT USE SECURE HEALTH EXCHANGE.
Privacy Policy Effective for Canada, USA and the EU
It is Brightsquid's policy to comply with the privacy legislation within each jurisdiction in which we operate. Sometimes the privacy legislation and / or an individual's right to privacy are different from one jurisdiction to another. This Privacy Policy covers only those activities that are subject to the provisions of Canada's federal and provincial privacy laws and the United States Health Insurance Portability and Accountability Act, as applicable.
This Privacy Policy has a limited scope and application. Consequently, the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions. If you are unsure if or how this Privacy Policy applies to you, please contact our Privacy Officer for more information.
What is Personal Information?
For the purposes of this Privacy Policy, personal information is any information about an identifiable individual, other than the person's business title or business contact information when used or disclosed for the purpose of business communications.
What Personal Information do we Collect?
We collect and maintain different types of personal information in respect of the individuals with whom we interact. This includes:
As a general rule, Brightsquid collects personal information directly from you. In most circumstances where the personal information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you, or implied from your actions).
From time to time, we may utilize the services of third parties in our business and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.
Where permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.
Why Do We Collect Personal Information?
Brightsquid collects personal information to enable us to manage, maintain, and develop our business and operations, including:
How does Secure Health Exchange use Personal Information?
Secure Health Exchange works like email, and personal information in user accounts (such as a sent or received message) is managed directly by users and is not accessed directly by Brightsquid without your specific consent (such as during a call to our helpdesk). You are responsible for and control who you authorize to access the personal information managed by you through Secure Health Exchange.
You may use Secure Health Exchange to interact with your health care practitioner (including, their office or clinic), other health care practitioners or your patient. Brightsquid is not a health care provider.
Secure Health Exchange (and its related services) enables the exchange of information between health care practitioners and their patients and other health care practitioners. Healthcare practitioners are regulated and licensed by various public or regulatory bodies. Should you have any questions about your health care practitioner please direct such questions directly to them or the applicable regulatory body. For example, the relationship between you and your practitioner is a practitioner-patient relationship. Brightsquid is not a party to that relationship. Each health care practitioner is independent of Brightsquid and is solely responsible for any health services they provide to you.
In some instances, a health care practitioner may establish an account for their office or clinic; this account may be accessible by such health care practitioner, the other health care practitioners who are part of such office or clinic, and their staff. When you communicate with such an account, you are consenting to your information being accessible by each of them.
You acknowledge and agree that access to and use of Secure Health Exchange (and any of its related services) is provided via the Internet. Information stored in Secure Health Exchange is stored in Canada, but may be accessible in other jurisdictions via Secure Health Exchange.
THERE ARE RESTRICTIONS ON THE HEALTH CARE SERVICES THAT CAN BE PROVIDED THROUGH SECURE HEALTH EXCHANGE. YOU MUST NOT USE SECURE HEALTH EXCHANGE FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 (OR YOUR LOCAL EMERGENCY NUMBER) IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
Your use of Secure Health Exchange is governed by the Terms of Use applicable to same.
How Do We Use and Disclose Your Personal Information?
We may use and disclose your personal information:
We may use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.
We may use de-identified information created by us from your personal information without restriction.
When do we Disclose Your Personal Information?
We may share your personal information with our employees, contractors, consultants and other parties who require such information to assist us with managing our relationship with you, including: third parties that provide services to us or on our behalf; third parties that assist Brightsquid in the provision of services to you; and third parties whose services we use to conduct our business.
For example, Rogers Communications may provide certain information technology and data processing services to us from time to time so that we may operate our business, and as result, your personal information may be collected, used, processed, stored or disclosed in Canada.
In addition, personal information may be disclosed or transferred to another party during the course of, or completion of, a change in ownership of or the grant of a security interest in, all or a part of Brightsquid through, for example, an asset or share sale, or some other form of business combination, merger or joint venture, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.
Further, your personal information may be disclosed:
Your Consent is Important to Us
It is important to us that we collect, use or disclose your personal information where we have your consent to do so. 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 enter into an agreement with us, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to the performance of that agreement and for any other purposes identified to you at the relevant time.
Typically, we will seek your consent at the time that we collect your personal information. In certain circumstances, your consent may be obtained after collection but prior to our use or disclosure of your personal information. If we plan to use or disclose your personal information for a purpose not previously identified (either in this Privacy Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure.
As we have described above, we may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.
You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our Privacy Officer using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer.
How is Your Personal Information Protected?
Brightsquid endeavors to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to prevent your personal information from loss and unauthorized access, copying, use, modification or disclosure.
The security of your personal information is important to us, please advise our Privacy Officer immediately of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody or control.
Updating Your Personal Information
It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please keep us informed of such changes.
In some circumstances we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.
Access to Your Personal Information
You can ask to see your personal information. If you want to review, verify or correct your personal information, please contact our Privacy Officer. Please note that any such communication must be in writing.
When requesting access to your personal information, please note that we may request specific information from you to enable us 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; however, we will advise you of any fee in advance. If you require assistance in preparing your request, please contact the office of our Privacy Officer.
Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices.
In the event that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.
Inquiries or Concerns?
If you have any questions about this Privacy Policy or concerns about how we manage your personal information, please contact our Privacy Officer, in writing or by e-mail. We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you. If you are dissatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner in your jurisdiction.
Privacy Officer
We have appointed a Privacy Officer to oversee compliance with this Privacy Policy. The contact information for our Privacy Officer is as follows:
Brightsquid Privacy Officer
Brightsquid Secure Communications Corp
282, 3553-31st St. NW Calgary AB
T2L 2K7 CANADA
(800)238-6503x301
Revisions to this Privacy Policy
From time to time, we may make changes to this Privacy Policy to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. We will post any revised version of this Privacy Policy on our website https://brightsquid.com/ and we encourage you to refer back to it on a regular basis. This Privacy Policy was last updated on January 1, 2018. .
Interpretation of this Privacy Policy
Any interpretation associated with this Privacy Policy will be made by our Privacy Officer. This Privacy Policy includes examples but is not intended to be restricted in its application to such examples, therefore where the word 'including' is used, it shall mean 'including without limitation'.
This Privacy Policy does not create or confer upon any individual any rights, or impose upon Brightsquid any obligations outside of, or in addition to, any rights or obligations imposed by Canada's federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and Canada's federal and provincial privacy laws, as applicable, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.
