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Notice: We have updated our Privacy Policy and Terms of Use on November 16th, 2016.



General Terms and Conditions of Use of Site
Last Updated: November 16, 2016

This website (the "Site") is provided by MedChart (being "Us", "Our" or "We"), conditional on your acceptance, without modification, of the terms and conditions of use set forth below (the "General Terms and Conditions"). By visiting or using this Site, including without limitation, to access, use, and/or download messages, information, data, text, software or images, or other materials, including without limitation as found in podcasts, webcasts, audio clips and streams, video clips and streams, newsletters, glossaries, and e-learning modules, and posted Content, from this Site (the "Materials"), or to send messages, information, data, text, software or images, or other materials to the Site ("Content") (collectively, "Use" of the Site), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the General Terms and Conditions for each Use of and each visit to this Site.  If you do not agree to abide by these General Terms and Conditions, you should not Use this Site.

MedChart has the right, in its sole discretion, to add, remove, modify or otherwise change any part of the General Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site.  Please check the General Terms and Conditions frequently for updates by checking the date of "Last Update" at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your Use of this Site immediately. Your continued Use of this Site after any such changes are posted will constitute acceptance of those changes.

These General Terms and Conditions apply exclusively to your Use of this Site and do not alter the terms or conditions of any other agreement you may have with MedChart.

Use of Information

The information contained in this website is not intended to provide specific medical or legal advice for any individual or entity and should not be relied upon in that regard.

Accuracy and Changes to Site

MedChart shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or other defect in, the information contained within the Site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. MedChart shall not be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. MedChart does not warrant or guarantee the timeliness, sequence, accuracy or completeness of the information contained herein.

MedChart may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site (ii) adding, removing or changing any fees or charges for Use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials or Content on this Site, including without limitation editing or refusing to post any Content, in whole or in part, that in the sole discretion of MedChart is objectionable or in violation of the General Terms and Conditions. MedChart reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.

Permitted Uses

You agree to only to Use the Site for lawful purposes, and to only to send Content and receive Materials that are proper to the Services, and MedChart (subject to the General Terms and Conditions herein) grants you a non-exclusive, non-transferable, non-licenseable limited right, to so Use the Site solely for the purpose intended.

Prohibited Uses

You may not, nor may you allow others to, directly or indirectly:

  • Remove from any copy of the Materials, the copyright or other proprietary notices contained in the Materials; sell, reproduce, modify or attempt to modify the Materials in any way, or reproduce or publicly display, perform, or distribute or otherwise use any Materials for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the Materials on any other website; or transfer any of the Materials to any other person without the prior written consent of MedChart.
  • Print or copy any of the HTML or other computer software that is accessible at this Site.
  • Use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site's infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part).
  • Use or attempt to use another's account, password, or other information in connection with this Site without prior written authorization from MedChart; create or use a false identity on this Site, or impersonate any person or entity, including without limitation a MedChart employee or agent or any other user, or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; register an e-mail address that you do not own or for which you do not have the express permission of the owner to register; or post any incomplete, false or inaccurate information, including without limitation incomplete, false or inaccurate biographical information.
  • Disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites, or any services thereof; transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; delete or revise any Materials posted by any other person or entity; or harvest or otherwise collect information about others including e-mail addresses, except for the sole stated purpose of the particular Website Service, without their consent and without complying with the requirements of applicable privacy legislation.
  • Post notices or advertisements, commercial or otherwise or solicit business from users of the Site, including without limitation posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, or requires recruitment of other members, sub-distributors or sub-agents.
  • Post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious, or that infringes or violates any third party's copyright, trademark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site, or in respect of the Content and Materials. MedChart will investigate occurrences which may involve violations of such laws, and may involve cooperation with law enforcement authorities in prosecuting users who are involved in such violations. MedChart reserves the right at all times to disclose any Content as necessary to satisfy any law, regulation or governmental request.

Direct Access

MedChart may provide direct access ("Direct Access") to your account(s) by one or more of the following methods:
(a) Electronic communications through this Site;
(b) Speaking over the telephone or pressing its key pad to communicate with MedChart;
(c) Other devices or equipment which MedChart may designate for Direct Access.

The MedChart Portal Terms and any other agreement or terms and conditions of MedChart shall apply to all transactions and other activities facilitated by you in connection with your account at MedChart.

Electronic Identification

Direct access to and use of the MedChart website requires an electronic identifier which consists of the use of one or more of the following (together "Electronic Identification"):
(a) Client Number or Username
(b) Personal Identification Number (PIN)
(c) Password
(d) Other security measures as required by MedChart from time to time.

MedChart will provide you with components of the Electronic Identification for Direct Access and where applicable, you may select certain components of the Electronic Identification yourself.

You agree that electronic pages, such as MedChart website pages, accessed by Electronic Identification are written documents and by electronically acknowledging via "clicking" any "buttons" stating "OK", "proceed", "continue", "approve" or "buttons" with similar intent shall have the same legal effect as if you had placed your signature by hand and provided hardcopy versions of such pages with intent to be legally bound with MedChart for their content.

Your Liability

You agree that the use of the Electronic Identification is the legal equivalent to your written, signed instructions to MedChart.

MedChart will be under no obligation to confirm the actual identity or authority of any user of the Electronic Identification or any component thereof.

You will not be responsible for unauthorized use of Electronic Identification occurring after notifying MedChart in accordance with the notice provisions set out below.

Protection of Electronic Identification

You agree to keep Electronic Identification and all components thereof secret and safe to prevent unauthorized use. This includes but is not limited to:

  • memorizing and maintaining no record of any PIN, passwords or codes included in the Electronic Identification;
  • avoiding Code combinations which may be easy for someone else to guess or which are directly associated with you such as birth date, address, etc.;
  • avoiding selecting any part of another PIN, password or code; and
  • take all necessary steps to ensure that any component of the Electronic Identification remains confidential to you - including keying in or speaking at a telephone or electronic device.

Notice to MedChart

You must immediately phone MedChart if any component of your Electronic Identification is lost, stolen, misused or may have become known to anyone other than you. You may contact MedChart by email to contact@medchart.ca or by phone at 1-888-399-7789.

Verification

MedChart reserves the right to contact you to obtain confirmation of any electronic or telephone instruction before processing any transaction but will not be liable due to any inability or failure of MedChart to contact you in order to confirm such instructions.

Recording Calls and Other Instructions

You agree that all telephone calls and other electronic correspondence may be recorded and kept as a record of your instructions.

Privacy Policy

Any of your personal information which MedChart collects via this Site is subject to the MedChart Privacy Policy, which is incorporated by reference into the General Terms and Conditions, and can be found on our website at https://www.medchart.ca/Home/Resources.

Use of Cookies

The Site uses "cookies" to help personalize and maximize your online experience. Cookies are small amounts of data which often include unique, non-personal identifiers that enable the Site to recognize you and to keep track of your preferences. Two types of cookies may be employed during your visit to the Site:

  • "session" cookies, which are not permanently stored on your hard drive and are permanently deleted from your computer after two hours of inactivity or when you end your session, are used solely to help you to navigate around the site; and
  • "persistent" cookies, which remain on your computer so that the Site can recognize you when you return.

The Site uses cookies for the following:

  • When you return to the Site, cookies enable us to retrieve the information you previously provided, so you can easily use the features that you customized. Because of our use of cookies, we can deliver faster and more accurate results and a more personalized site experience. For example, if you personalize MedChart pages, or register for services, a cookie helps us to recall your specific information (such as user name, password and preferences).
  • When you watch a video clip or listen to an audio clip on or through the MedChart website, a cookie may take note of which media player and which type of clip (high or low bandwidth) you prefer to use on your computer. Note, however, that you can change your video and audio preferences at any time, or choose a player each time you view or listen to a clip.
  • Some parts of the Site use cookies to track user traffic patterns. We do this in order to determine the usefulness of the Site’s information to our users and to see how effective our navigational structure is in helping users reach that information. MedChart does not correlate this information with data about individual users, nor does it share this information or sell it to any third party.
  • We also use cookies to identify users who have been banned from using our forums for behaviour that contradicts these General Terms and Conditions and to track click streams, for load balancing and to enable you to navigate through the site using redirection pages.
  • Cookies are not used to run programs or to deliver viruses to your computer, are uniquely assigned to your computer, and can only be read by a web server in the domain that issued the cookie to you.

Note that "persistent" cookies, primarily used to personalize your site experience and save you time, will remain on your computer after you have left our Site and will expire when you log out of the Site, or 60 days after your last visit for security cookies, or two years after your last visit for advertisement and information notice cookies.

Please note that while most browsers are initially set to accept cookies, you have the ability to disable cookies if you wish, generally through changing your internet browser settings. It may also be possible to change your browser settings to enable acceptance of specific cookies. For more information on enabling and disabling cookies, please refer to the help section on your browser. If cookies are disabled it may mean that not all the services of this website might be available.

If you do not agree with MedChart’s use of cookies, please discontinue the use of this website.

Where Written Signatures are Required

Some MedChart products may require your written signature and you will be advised when this is the case. You will be sent the terms and conditions and/or transaction verification which apply to the product or service which requires signature and will have five (5) business days from the date of giving of instructions by Direct Access to advise MedChart if the material has not been received. If you do not so advise, you will be deemed to have received the terms and conditions and/or transaction verification.

Subject to the following paragraph, when you receive material requiring a signature you will sign it and return it to MedChart. Your signature will signify your agreement to the purchase or renewal of the product or service in question and all terms and conditions relating to it.

Available Only Where Permitted by Law

The products and services described in the pages of websites of MedChart and other MedChart entities are only offered in jurisdictions where they may be legally offered for sale.

User Communications

Subject to any applicable law, the requirements of the MedChart Privacy Policy, and the restrictions set out in the additional terms and conditions for other Site functions, any communications sent by or to you via this Site or otherwise to MedChart (including without limitation Content) are on a non-confidential basis, and MedChart is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose. MedChart shall be free to use the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, unfair competition, moral rights, or implied contract) and you hereby waive the right to receive any financial or other consideration in connection with such communication, including without limitation acknowledgment of you as the source of such communications.

Proprietary Rights

MedChart (or a third party) owns any software or device MedChart has supplied to you for purposes of facilitating Direct Access, and you use same under a non-exclusive, non-assignable license, solely for the purpose intended. MedChart may demand their return at any time without prior notice and you will comply promptly, without keeping any copies.

Disclaimers

MedChart makes reasonable efforts to ensure that the content MedChart provides to the Site is accurate and current. However, MedChart is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be misstated or deceptively stated.

You acknowledge that:

  • MedChart makes no representation or warranty of any kind regarding the Site, the Materials, and the Services, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials or any Service;
  • that you will be solely responsible for any Content you provide the Site or otherwise provide to MedChart, including without limitation for its truthfulness and accuracy; and
  • that the Site, the Materials, and each Website Service are provided on an "AS IS" basis; and that any use of or reliance on this Site or any Materials shall be at your sole risk.

In particular, please note that the information provided through this Site is for informational purposes only and is not intended to be a substitute for professional medical advice, assessment and evaluation. This includes all Content that is made available on, or otherwise accessible through, the Site. You should consult a qualified physician or other applicable health professional before making any decision or taking any action that might affect your personal well-being as there is no substitute for the consideration of an individual’s circumstances by a qualified professional. You agree that you must evaluate, and bear all risks associated with the use of any information on the Site (including any reliance on the availability, accuracy, completeness, usefulness or appropriateness of such information) or of the Site generally, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including without limitation in the event that you have a dispute with one or more users of the Site. You agree to release MedChart and all MedChart employees, agents, officers, or directors from any claims regarding any Content on or Use of the site.

MEDCHART DOES NOT MAKE ANY, AND EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY, MEDCHART DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.

Limitation of Liability

The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. The MedChart website may include incomplete information, inaccuracies or typographical errors. MedChart, and any other persons involved in the management of the MedChart website, may make changes in the information and content included in the MedChart website at any time without notice. MedChart shall not be responsible for any detrimental reliance you may place on the MedChart website or its contents. Use of the MedChart website is on an "as is" basis and is strictly and entirely at your own risk.

MedChart may cancel or restrict Direct Access or your Electronic Identification without notice to you. MedChart will not be liable for any direct, indirect or consequential loss, damage or inconvenience arising directly or indirectly out of your use of, malfunction, cancellation, restriction or inability to access your account(s) at MedChart by any means.

MedChart and other MedChart entities are not responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising out of use of this website including but not limited to, damages arising from or related to the installation, use, or maintenance of personal computer hardware, equipment, software or any Internet access services.

YOU AGREE THAT IN NO EVENT WILL MEDCHART HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SITE, THE MATERIALS, ANY CONTENT OR ANY LINKED WEBSITE, OR FAILURE OF SUCH WEBSITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEBSITES, MATERIALS OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEBSITES) EVEN IF MEDCHART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.

Hyperlinks and Disclaimer to Linked Sites

Certain links on this Site may take you to other web sites. MedChart provides these links only as a convenience. MedChart is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. These linked sites are not necessarily under the control of MedChart. By entering the MedChart website you acknowledge and agree that MedChart has not reviewed all sites linked to the MedChart website and is not responsible for the content of any off-site pages or any other site linked to the MedChart website. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk, subject to the terms and conditions and privacy policies of such sites, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

MedChart welcomes links to this Site. However, you agree that by linking to this Site, you agree to the link conditions (the "Link Conditions") described below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions:

  • A link may only be established to the following home page of this Site: https://www.medchart.ca. Links may not be established to any other pages on this Site without the prior written permission of MedChart.
  • If you link to this Site, MedChart grants you a limited, non-exclusive, non-transferable, royalty-free license to use the MedChart trademark and internet icons, if available, (the "Licensed Marks") solely for the purpose of serving as a link from the applicable web site to this Site. For greater certainty, except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of MedChart’s trademarks or service marks for any reason without MedChart’s prior written permission.
  • The linked website shall not:
    • change in any material way the nature and features of such website from that described to MedChart in the written notice provided to MedChart prior to the establishment of the link;
    • create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
    • and other materials shall not, imply that MedChart is endorsing you or any other person, or your or such other person’s products or services;
    • imply an affiliation between you or any other person, or your or such other person’s products or services, and MedChart without the prior written consent of MedChart;
    • misrepresent the relationship of you or any other person with MedChart or present false, misleading or otherwise damaging information or impressions about MedChart or any of its products or services; and
    • contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, and shall be appropriate for all age groups.
  • For greater certainty, MedChart shall have no responsibility or liability for any content appearing on the linked web site.
  • MedChart may at any time, in its sole discretion, immediately terminate any license to use the Licensed Marks and any right to link to this Site, with or without cause. If MedChart exercises this right, you shall immediately remove all your links to this Site and shall cease using the Licensed Marks;
  • MedChart may amend these Link Conditions at any time. For greater certainty, you agree to abide by these Link Conditions as amended from time to time.

Indemnity

You agree to defend, indemnify and hold harmless each of MedChart and all its employees, agents, officers, directors, and all third parties mentioned at the Site, from and against any and all claims, actions or demands, and losses or damages relating thereto, alleged to result from or resulting from your use of the Site and the Materials or your breach of the General Terms and Conditions.

Applicable Law

By entering the MedChart website you acknowledge and agree that the MedChart website will be construed and evaluated according to the laws of the Province of Ontario, Canada. You hereby agree and confirm that your use of the MedChart website and all of the communications, transmissions and transactions associated with the MedChart website shall have occurred in the Province of Ontario, Canada and that you submit to the exclusive jurisdiction of the courts of the Province of Ontario as the proper and most convenient forum concerning the MedChart website. If you use the MedChart website from another jurisdiction, you are responsible for compliance with any and all applicable local laws. MedChart makes no representation that the materials contained within the MedChart website are appropriate for customers outside of the Province of Ontario, Canada.

Arbitration

Any and all disputes arising out of the use of this Site will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and is independent of either party. Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential or personal information, MedChart may pursue remedies, including injunctive or other equitable relief, through the courts, in which circumstance you agree to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding.

General

The General Terms and Conditions constitute the entire agreement between MedChart and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between MedChart or its affiliates and you with respect to this subject matter. Any cause of action you may have with respect to your use of this Site or which is the subject of the General Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the General Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the General Terms and Conditions, and the remainder of the General Terms and Conditions shall continue in full force and effect. The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and MedChart. MedChart’s failure to insist upon or enforce strict performance of any provision of the General Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. No changes to the General Terms and Conditions shall be made except by a revised posting on this page. The General Terms and Conditions shall endure to the benefit of MedChart. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. MedChart may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time.

Questions on General Terms and Conditions

Any questions regarding the General Terms and Conditions, including in respect of any use or disclosure of the information made available by you, should be directed to:

MedChart Inc.
720 King Street West
Box 305
Toronto, ON, Canada
M5V 3S5

E-mail: contact@medchart.ca
Toll free: 1-888-399-7789
Fax: 1-888-720-2212



MedChart Privacy Policy

Last Updated: November 16, 2016

We are committed to your privacy.

Introduction

MedChart Inc. ("MedChart") is an information technology service provider that enables you to use electronic means to collect and access your personal health information. MedChart respects your privacy and is committed to keeping your personal information accurate, confidential, and secure. We collect, use, and disclose your personal information only with your consent. We always ask for your permission before we share or use your information for a purpose other than to what you have consented.

This privacy policy is based on the principles set out in the Personal Information Protection and Electronic Documents Act (PIPEDA), the Ontario Personal Health Information Protection Act (PHIPA), and the Canadian Standards Association Model Code for the Protection of Personal Information.

The Scope of This Privacy Policy

This Privacy Policy describes the principles MedChart will use to protect the privacy of personal information in its possession or control, in accordance with the law and MedChart's own policies.

Changes to this Privacy Policy

In order to ensure that this Privacy Policy is kept up to date, we reserve the right to change this Privacy Policy from time to time. Any changes will be effective 30 days following MedChart providing you with notice. Notice of changes to the Privacy Policy may be distributed through MedChart newsletters and/or posted on the MedChart web site. If you access or choose to continue to be serviced by MedChart after the effective date of the change, you automatically accept the change.

Please check this page regularly. The date last updated will be posted at the top of this page.

Definition of Terms Used in this Privacy Policy

Privacy

Privacy is an individual's right to retain control over the collection, use and disclosure of her/his personal information.

Personal Health Information

Personal health information means identifying information about an individual in oral or recorded form if the information relates to the physical or mental health of the individual, including information that consists of the medical history of the individual's family, and is consistent with the definition as set out in relevant privacy and health privacy legislation.

Any data that has been collected in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is not considered personal information.

Capacity and Substitute Decision-Making

An individual is capable of providing us consent to the collection, use or disclosure of personal health information if the individual is able to understand the relevant information and the consequences of giving or withholding consent. MedChart presumes the individual is capable, unless there are reasonable grounds to believe that the individual is incapable of consenting.

An individual who is capable may authorize another person to act on her or his behalf. If the individual is incapable, an authorized substitute decision-maker may consent on her or his behalf. If the individual is deceased, the estate trustee or person who is responsible for administration of the deceased's estate may provide consent. A person who is authorized or required by law to act on behalf of the individual, may provide consent.

Substitute Decision-Maker

A substitute decision-maker, in relation to an individual, means, unless the context requires otherwise, a person who is authorized by law to consent on behalf of the individual to the collection, use or disclosure of personal health information about the individual.

Privacy Principles

Accountability

MedChart is an information technology service provider that allows users to control and access their consolidated Personal Health Information and medical records from Health Information Custodians from various Healthcare Professionals using electronic means. MedChart has established policies and procedures to comply with this Privacy Policy, and has designated a Chief Privacy Officer (CPO) as the contact person who is accountable for our compliance. The CPO's information is contained at the end of this document.

Obtaining Consent

MedChart will obtain consent before or when it collects, uses or discloses personal information about an individual, except where otherwise required by law. An individual can provide consent to the collection, use and disclosure of personal information about them expressly, implicitly, or through an authorized representative. Individuals who sign up for MedChart's services provide express consent during the account creation process. An individual can withdraw consent at any time, with certain exceptions.

Identifying purposes of collecting personal information

MedChart will identify the purposes for which personal information is collected at or before the time the information is collected. If MedChart intends to use your personal information for any other purpose, we will seek your consent.

How MedChart uses your Personal Information

With your consent, MedChart helps you consolidate and access your health information on a secure online account. Specifically, we:

  • collect copies of your official medical records from your healthcare providers;
  • if necessary, convert your paper records into an electronic format, and promptly and securely dispose of the paper copy;
  • upload the electronic copy of your records onto a secure, encrypted online database;
  • allow you to access these records on your personal password-protected Portal on our website; and
  • allow you to authorize other users (such as your healthcare provider or family member) to securely access your records.

Limits for collecting Personal Information

MedChart collects personal health information about you only by fair and lawful means, either from you directly or from the Health Information Custodians that you have visited. This information may include your name, date of birth, address, contact information, health history, records of your visits to medical service providers, and details of the care that you received. Upon enrolling in MedChart's services you agree and understand that the collection of Personal Information and/or Personal Health Information is for your personal record keeping purposes.

Limits for using, disclosing and keeping personal information

MedChart will use personal information only for the reasons it was collected, unless an individual gives consent to use or disclose it for another reason. MedChart will keep personal information only as long as necessary for the identified purposes.

MedChart may share your Personal Information with our affiliates and service providers who may be involved in delivering MedChart's services, providing customer support, and conducting customer research or satisfaction surveys. These service providers are obligated to protect your Personal Information, and they are only given the information necessary to perform their designated functions. MedChart does not authorize any service providers to use or disclose your Personal Information for their own marketing or other purposes. We may also share your Personal Information with our financial, insurance, legal, accounting or other advisors that provide such professional services to us.

Your Personal Information may be processed and/or stored outside of Canada. While we undertake measures to protect your Personal Information, when it is stored and/or processed in other jurisdictions, the laws of other countries may not provide the degree of protection for Personal Information that is available in Canada. If your Personal Information is transferred outside of Canada, it may be available to the foreign government of the country in which the information or entity controlling it is situated under a lawful order made in that country and used for purposes other than those described herein. By providing us with your information, you are allowing your Personal Information to be transferred outside of Canada.

Keeping Personal Information Accurate

MedChart will keep the Personal Information and Personal Health Information in its possession or control accurate, complete, current and relevant, based on the most recent information available to MedChart. Individuals are responsible for notifying MedChart about the accuracy and completeness of their personal information and may have it amended as appropriate.

Safeguarding Personal Information

The safety and privacy of your information is our top priority. Personal information will be protected by security safeguards appropriate to the nature and format of the information being stored. We strive to protect your personal information from theft, loss, and unauthorized access, copying, modification, use, disclosure and disposal. We conduct audits and complete investigations to monitor and manage our privacy compliance. We ensure that all of our officers, employees and agents protect your privacy and only use your personal health information for the purposes you have consented to.

MedChart operates with several safeguards to ensure the privacy of your personal information, including administrative, physical and technical safeguards:

  • MedChart's Privacy Policy governs the way in which all employees manage client information. Concern for your privacy is our top priority and is engrained in the company culture. In addition, all MedChart employees must sign a confidentiality agreement as a condition of employment.
  • MedChart implements facility access controls and workstation security to protect client information.
  • MedChart uses the industry-leading encryption technologies used by the major banks to secure your information, and continuously monitors and upgrades our systems on new developments. We have role-based access controls to ensure employees only manage information if and when necessary.
  • Access to your online profile and medical records is protected by your personal login details. An optional 2-factor authentication system (a verification code sent to your registered cell phone or email at time of login) minimizes the chances of unauthorized access in case your login details have been lost or stolen.

Making Information about Policies and Procedures Available

We will make readily available to individuals specific information about our policies and practices related to the management of personal information. Individuals will have access to information about these procedures through this Privacy Policy or by contacting our Chief Privacy Officer. The information will be available in a format that is easy to understand.

Providing Access to Personal Information

Except as restricted by law, upon written request by the individual or substitute decision maker, an individual will be informed of the existence, use and disclosure of her or his personal information and will be given access to that information. An individual will be able to challenge the accuracy and completeness of the information and may request to have it amended.

Handling complaints and questions

For more information about our privacy protection practices, or to raise a concern you may have about our practices, please contact:

James Bateman
Chief Privacy Officer, MedChart Inc.
720 King Street West
Box 305
Toronto, ON, Canada
M5V 3S5
Email: contact@medchart.ca
Toll-free: 1-888-399-7789
Fax: 1-888-720-2212

You also have the right to complain to the Privacy Commissioner of Canada if you think we have violated your rights. The Commissioner can be reached as follows:

Office of the Privacy Commissioner of Canada
30 Victoria Street
Gatineau, Quebec, K1A 1H3
Toll-free: 1-800-282-1376
Phone: (819) 994-5444
Fax: (819) 994-5424
TTY: (819) 994-6591
Website: www.priv.qc.ca



Frequently Asked Questions on Privacy

Last Updated: October 5, 2016
What is privacy?

Privacy is your individual right to retain control over the collection, use and disclosure of your personal information.

What is breach of privacy?

Breach of privacy, confidentiality or security refers to the unauthorized access, collection, use, or disclosure of any personal information or personal health information.

What is personal health information?

Personal health information, means identifying information about an individual in oral or recorded form, if the information relates to the physical or mental health of the individual, including information that consists of the medical history of the individual’s family, and is consistent with the definition as set out in relevant privacy and health privacy legislation.

What is NOT personal information?

Any data that has been collected in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is not considered personal information.

What does MedChart do with my health information?

With your consent, MedChart helps you consolidate and access your health information on a secure online account. Specifically, we:

  • collect copies of your official medical records from your healthcare providers;
  • if necessary, convert your paper records into an electronic format, and promptly and securely dispose of the paper copy;
  • upload the electronic copy of your records onto a secure, encrypted online database;
  • allow you to access these records on your personal password-protected Portal on our website; and
  • allow you to authorize other users (such as your healthcare provider or family member) to securely access your records.
How does MedChart protect my personal information?

MedChart operates with several safeguards to ensure the privacy of your personal information, including administrative, physical and technical safeguards:

  • MedChart’s Privacy Policy governs the way in which all employees manage client information. Concern for your privacy is our top priority and is engrained in the company culture. In addition, all MedChart employees must sign a confidentiality agreement as a condition of employment.
  • MedChart implements facility access controls and workstation security to protect client information.
  • MedChart uses the industry-leading encryption technologies used by the major banks to secure your information, and continuously monitors and upgrades our systems on new developments. We have role-based access controls to ensure employees only manage information if and when necessary.
  • Access to your online profile and medical records is protected by your personal login details. An optional 2-factor authentication system (a verification code sent to your registered cell phone or email at time of login) minimizes the chances of unauthorized access in case your login details have been lost or stolen.
Who does MedChart give my health information to?

MedChart only discloses your health information to you and anybody you have expressly consented that we disclose information to (e.g. substitute decision-maker, family member, healthcare provider). MedChart does not sell your personal information or personal health information to anybody.

What is a substitute decision-maker?

If you are unable to give consent with regards to your personal information due to reasons of competency or consciousness, the consent decision falls to the lawfully-appointed substitute decision-maker such as a parent or guardian. This person is bound by law to act on your behalf and must make decisions based on their belief of what you would wish done if you were able to decide.

Can my spouse/partner/family/friends ask MedChart for access to my personal health information?

No, MedChart cannot disclose any of your personal information unless you have given express consent to disclose information to that individual or that individual is your substitute decision-maker.

If the portal changes the terms of use, is it my responsibility to check the terms of use to determine a change has been made?

We will frequently update the terms of use and notifications of these changes will be published on the website as well as in a quarterly newsletter sent to users. On the terms of use page, you will see the date of the most recent update. We suggest that you check the terms of use regularly to see updated information.

If I don’t agree to a change in the terms of use, do I need to stop using the portal?

If you don’t agree with our terms of use, you have the option to stop using our portal. You may download all of your Personal Health Information and delete your account in which case your information is permanently erased from the MedChart servers.

Does my Personal Health Information become MedChart property to do with what you want?

No.

What if you remove my name and address? Does MedChart own my information now?

The process for de-identification of Personal Health Information is strictly regulated by the Ministry of Health. Occasionally we may need to use de-identified information, for example, to present user statistics. This process is fully compliant with government regulations.



Refund Overview

Last Updated: February 17, 2017

Once you place an order for records on the MedChart website, we work hard to get them uploaded on your MedChart Portal as quickly as possible. The process involves working with the Health Information Custodians holding your requested records and may take up to 30 days. You can check the statuses of your record requests on the Order History page in your Portal. We kindly ask for your patience during the acquisition process.

Normally, once records are uploaded onto your portal, your order is not refundable. In the event that we cannot fulfill your entire order, we will notify you and refund the outstanding portion of your order.

 

Fees and Refund Policy

All fees payable to MedChart for services are in Canadian dollars and considered final payments. No refunds will be given on fees paid except as set out below or at the sole discretion of MedChart.

(i) Where a Client is registering an Account as a Substitute Decision Maker and documents required for authenticating their status as a Substitute Decision Maker are not accepted by the Health Information Custodian from which medical records are requested, the Client will be given one additional opportunity to submit authenticating documents through their Portal Account. If the documents are subsequently not accepted by the Health Information Custodian, MedChart may refund up to the amount paid for the uncompleted request for medical records.

(ii) In the event that a request for medical records is not completed at no fault of the Client, MedChart may refund up to the amount paid for the uncompleted request for medical records. For example, the Health Information Custodian does not release the records for whatever reason.