PRIVACY POLICY

Ver 1.0 - January 14, 2019

NOTE: This policy is for the users in Canada, if you reside outside Canada, please refer to the relevant policy on our website.

Everyone’s a Caregiver® Learning Systems Ltd. “EACLS” (CareSay). (“Care”, “we”, “us” or “our”) is a secure platform (the “Platform”) that allows users to provide feedback on the quality healthcare services through our applications (the “App”) available on mobile devices and through a web browser.

This privacy policy (the “Policy”) outlines how we collect, use, disclose, manage and safeguard your personal information (“PI”) and personal health information (“PHI”). All employees and contractors working for “EACLS” (CareSay) are required to adhere to the protections described in this policy.

For the purposes of this Policy, “personal information” or “PI” means information about an identifiable individual. “Personal health information” or “PHI” means information about an identifiable individual that relates to the individual’s physical or mental health, including name of patient, date of birth, medical history, medical treatment, medical test results, medication list, and health number. PHI may be entered by the use or found in medical records, treatment and examination notes and communications between patients and their healthcare professionals.

“EACLS” (CareSay) will collect not request personal information and PHI from you when you access and use our App, the Platform, the website CareSay.reviews (the “Website”) or our other software products (collectively referred to as the “Services”). HOWEVER, the user may volunteer some information to clarify his/her feedback.

By accessing or using the Services you are agreeing to the terms of the Policy. The Policy should be read in conjunction with the Terms of Use. You should not use the Services unless you fully understand and agree to the Terms of Use the Policy.

We take the privacy of our users seriously and are committed to safeguarding your personal information and PHI. If you have any questions about the Policy or our privacy practices, please contact our Designated Privacy Contact with your questions at [email protected].

Our commitments

“EACLS” (CareSay) will never disclose your personal information or PHI without your consent.

“EACLS” (CareSay) will never rent or sell the personal information or PHI that we collect.

“EACLS” (CareSay) has implemented industry standard physical, administrative and technological safeguards to protect personal information and PHI from unauthorized access.

“EACLS” (CareSay) complies with applicable privacy and personal health information legislation where it operates.

Information We Collect and Store

“EACLS” (CareSay) will collect the following information from you when you register for an account with “EACLS” (CareSay) (“Account”) or use the Services:

Registration and Information

When you register for an Account, in order to identify you properly and contact you when needed, we will collect identification and contact information, such as name, email address, and a phone number.
When you use the Platform, we will collect and store your information, and your feedback.

Log and Website Information

When you access and use the Services, we may automatically collect certain technical information about your visit, including the date, time, browser type, your internet service provider, your IP address, device information (including device identifiers), geo-location information, computer and network performance data, the URL that you are coming from and your navigation history in order to customize and personalize your experience on the Services, improve our Services and for statistical research purposes.

Use and Disclosure of Your Information

We will use the personal information and PHI that we may collect from you to schedule, administer, personalize and enhance your patient experience.
This information may be used to update your patient record and/or to provide you with healthcare services.

We may disclose your personal information, including PHI, to third-party healthcare professionals involved in providing you with healthcare services, such as a specialist physician, pharmacist, physiotherapist, psychologist, nutritionist or lab technician. When the disclosure is part of a care plan that you have agreed to, we will consider the agreed care plan to constitute implied consent. For all other disclosures to a third-party not associated with “EACLS” (CareSay), we will only make the disclosure after obtaining your express consent.

Only healthcare professionals and their delegates involved in providing you with healthcare services can access your PHI. All delegates who are not regulated healthcare professionals sign strict and durable confidentiality agreements.

Access to your information is logged and we perform regular audits in order to ensure that any access is authorized and that information is only accessed on a ‘need to know’ basis.

We may share with selected third-parties demographic and contact information about you (including but not limited to name, and any email addresses or phone numbers) by email, SMS, instant messaging or any other means necessary, for reasons including but not limited to: verifying your identity, immediate intervention, visitation follow-up, customer support and technical support.

Third-Party Service Providers

We may transfer your personal information, including PHI to a third-party service provider for processing and storage in Canada. Whenever we engage a third-party service provider, we ensure that the information is properly safeguarded at all times at a comparable level of protection the information would have received if it had not been transferred.

Legal Issues

We may use your personal information to detect, investigate, address and prevent fraudulent or illegal activities. We reserve the right to disclose your personal information as required by law, when we believe that disclosure is necessary to comply with a judicial proceeding, court order, or legal process served on us and to defend against legal claims.
These situations may include, but are not limited to, disclosing potentially life saving information during medical emergencies and reporting infectious diseases or fitness to drive.

Corporate Matters

We may disclose and share your personal information to explore and/or undertake a corporate transaction, including a merger, acquisition, amalgamation, IPO, reorganization or sale of CareSay. Your personal information relevant to the transaction can be used and disclosed solely for the purposes related to the transaction and will be protected by security safeguards appropriate to the sensitivity of the information.

Your PHI will not be disclosed and will remain confidential.

Patient Rights

Accessing the PHI held by “EACLS” (CareSay)

You have the right to access your patient record. If you request a copy of your record, it will be provided to you, and may be subject to a reasonable fee. You can request access to your record by contacting us at [email protected].

Limitations on access

You may be temporarily denied access to your record if providing access would create a significant risk to your health. You will also be denied access to your record where disclosure would be likely to reveal personal information about a third person or the existence of such information and the disclosure may seriously harm that third person, unless the third person consents or in the case of an emergency that threatens the life, health or safety of the person concerned.

Accuracy

We use reasonable means to ensure that information in your record is accurate. If you identify any inaccuracies, you can request that a note be made on the file indicating the inaccurate information.

Anonymized Information

When conducting product development, research, advertising and marketing, we will only use anonymized, de-identified and aggregated information.

Retaining Your Information

If you want us to close your “EACLS” (CareSay) account, please send an email to [email protected]. We will ensure it is done in a reasonable time after receiving the request. For billing purposes, we will notify your employer that your account is closed but not disclose the reason for the account closure.

We will retain any and all personal information that we are required to retain under any applicable laws and regulations for the full duration of time required under those laws and regulations. We may also retain any anonymized and de-identified information and continue to use this information in accordance with this Policy.

Safeguarding Your Information

“EACLS” (CareSay) is committed to information security and protects personal information and PHI through integrated, physical, technological and administrative safeguards:

Secure Storage: “EACLS” (CareSay) stores all personal information and PHI in an Amazon Web Services (“AWS”) or IBM data center in Canada. AWS and IBM Clouds are ISO 27001 certified and adheres to global privacy and data protection best practices.

Network Security: “EACLS” (CareSay) has implemented network security controls to protect against unauthorized access, including segregating its internal systems from its publicly-accessible systems.

End-to-End Encryption: “EACLS” (CareSay) encrypts all records. Data transmissions and communications on the Platform are end-to-end encrypted.

Privacy Policies and Training: “EACLS” (CareSay) has implemented written policies and procedures that specifically address the privacy and security of your PHI.

“EACLS” (CareSay) delivers privacy training to employees and contractors on how to safeguard personal information and mitigate operational risks. All “EACLS” (CareSay) employees and contractors are legally bound to confidentiality.

SOC2 Compliance: “EACLS” (CareSay)’s Information Security Policy and its related policies and processes are certified as compliant with ISO/IEC 27002:2013.

Breach Response

There is no guarantee against data breaches. However, “EACLS” (CareSay) has taken reasonable measures to prevent a breach, as described above. In the event of a data breach, “EACLS” (CareSay) will:

Notify users at the first reasonable opportunity of the breach; and Immediately apply remedial measures.

Changes To This Policy

If we decide to make material changes to the Policy, we will notify you and other users by placing a notice on our Website and App. You should periodically check the Website and the App for updates.

We understand your concern regarding your privacy. “EACLS” (CareSay) values and protects your privacy.

We’ve structured our web site so that, in general, you can visit “EACLS” (CareSay) on the web without identifying yourself or revealing any personal information. Once you choose to provide us personally identifiable information (any information by which you can be identified), you can be assured that it will only be used to support your customer relationship with “EACLS” (CareSay).

“EACLS” (CareSay) will not sell, rent or lease your personally identifiable information to others unless we have your permission or are required by law.

“EACLS” (CareSay) may use your contact information for any announcement regarding changes to our site, new products we introduce and special offers. If you prefer not to receive such information, please email our office and we will remove your contact information from our database.

Contacting Us

If you require additional information, please contact [email protected]

To ensure meaningful consent by patients, “EACLS” (CareSay) provides information about privacy practices in this Policy, as well as through our Designated Privacy Contact at [email protected].

If you believe that we have not adhered to this Privacy Policy, please contact our Designated Privacy Contact at [email protected].

If we are unable to resolve your issue to your satisfaction, you can file a complaint with the privacy commissioner in your province or territory, or with the Office of the Privacy Commissioner of Canada.

TERMS OF SERVICE

This website / software is provided and maintained by Everyone’s a Caregiver Learning Systems Ltd. (“EACLS”) (CareSay)

Copyright

The contents of this website / software are protected by national and international copyright and other laws. Unauthorized storage, reproduction, transmission and/or distribution of the contents of this website / software, or any part of it, may result in civil and/or criminal proceedings.

 The copyright subsisting in the contents of this website is either owned by or licensed to “EACLS” (CareSay). You may retrieve and view that content on a personal computer, print individual pages on paper and store that content in electronic format for your own personal, non-commercial use. Except as set out above or as expressly agreed in writing with “EACLS”  (CareSay) you may not reproduce, modify or in any way exploit (whether commercially or otherwise) any of the contents of this website / software. In particular, you may not: (i) sell or modify any of that content; (ii) remove or obscure any copyright and/or trade mark notice from any copies of that content made by you; and/or (iii) redistribute any of that content.

 Trade Marks and Trade Names

The following is a listing of the trade-marks and trade names are owned or used: “Everyone’s a Caregiver®

This website / software does not grant to you any license or other right to use any of “EACLS’s” (CareSay) trademarks or trade names. All other product names referred to on this website / software may be trademarks or trade names of their respective owners.

Extranet

The extranet section of this website / software may only be accessed by you if you are an Authorized Partner of “EACLS” (CareSay). “EACLS” (CareSay) will issue you with login information to enable you to access that section of this website/software. Please ensure that you keep that login information secret.

The extranet section of this website / software contains certain documents, images and graphics for download by you. If you are in any doubt as to whether or not you are licensed to download and use those documents, images and graphics or as to whether or not your proposed use of those documents, images and graphics is acceptable, please contact CareSay in the first instance.

Information Collected

Every time you visit this website / software our web server automatically logs your IP address (if you are connected to the Internet you will automatically have an IP address. “255.255.255.255” is an example of an IP address), the type of operating system that your computer uses (for example, Microsoft Windows 10) and the type of web browser you are using to access this website / software (for example, Safari, Google Chrome, or Microsoft Internet Explorer). From that information the identity of your Internet service provider and the location from which you are accessing this website / software can be determined.

“EACLS” (CareSay) ‘s web server also logs the IP address of the website / software you visited immediately before accessing this website / software.

 This website/software contains certain forms for you to complete to request further information from “EACLS” (CareSay), to request customer support or to give feedback. “EACLS” (CareSay) stores all of the information submitted by you on this website / software.

This website/software also enables you to send e-mails to “EACLS” (CareSay). “EACLS” (CareSay) stores all such e-mails.

CareSay uses transient “cookies” on this website / software. A “cookie” is a piece of software that is transferred from a website / software onto a computer’s hard drive that allows the website/software to gather certain information (such as the web pages viewed and the results of any searches conducted of the website / software).

 Use of Information

“EACLS” (CareSay) uses the information collected about you for the following purposes:

The information automatically logged (i.e. your IP address, your operating system and browser type) each time you access this website / software is not used by “EACLS” (CareSay) for any particular purpose. “EACLS” (CareSay) ‘s web server simply automatically logs that information each time you access this website / software;

“EACLS” (CareSay) uses the information submitted by you when requesting information or customer support to respond to your request for information or customer support or for the purposes specified at the time you submit the information. If you choose to join any of the mailing lists offered by “EACLS” (CareSay), “EACLS” (CareSay) will use the information stored about you to send mailings to you; “EACLS” (CareSay) uses the information in any e-mail received from you to respond to your e-mail or to improve “EACLS”’s (CareSay) service to you; and

“EACLS” (CareSay) uses the information gathered by the transient “cookies” on the website / software to help you navigate through the website/software more easily. That information is automatically deleted if you close your web browser or leave the website / software for a sufficient period of time.

Save as set out in this privacy statement or as permitted or required by applicable laws, “EACLS” (CareSay) will not disclose or share the information collected about you to third parties. “EACLS” (CareSay) reserves the right however to disclose or share information collected about you on or through the website / software to other companies within the CareSay, to suppliers of services to the “EACLS” (CareSay) or to government agencies (such as the police) or to courts of competent authority. BY SUBMITTING INFORMATION INTO THIS WEBSITE / SOFTWARE YOU EXPRESSLY AND EXPLICITLY CONSENT TO THOSE USES AND/OR TRANSFERS OF INFORMATION ABOUT YOU. If you do not consent to any of the uses and/or potential transfers of information about you set out in this privacy statement please do not submit any information into this website / software.

 Security

All of the information “EACLS” (CareSay) collects about you is stored in industry-standard secure databases (which include password and firewalls). In addition, access to the information held on those databases is restricted to particular employees of “EACLS” (CareSay). You should note however that there is no such thing as a perfectly secure database. Please bear that in mind when entering information into this website/software.

 Privacy

“EACLS” (CareSay) takes your privacy very seriously. The following privacy statement sets out, in relation to this website / software, what sort of information “EACLS” (CareSay) collects about you, how that information is collected, how “EACLS” (CareSay) uses that information, how “EACLS” (CareSay) protects that information, how that information can be corrected and/or updated and how you can ask “EACLS” (CareSay) to stop storing information about you. If you have any questions about this privacy statement or suspect that “EACLS” (CareSay) may have acted contrary to this privacy statement or any applicable privacy laws, please contact “EACLS” (CareSay) in the first instance.

Updating Information

If you suspect that any information held by “EACLS” (CareSay) about you is incorrect, inaccurate or out of date, please contact “EACLS” (CareSay). When contacting “EACLS” (CareSay), please specify the information that you think is incorrect, inaccurate or out of date. Please also provide correct replacement information.

Removal of Information

If you wish to be removed from any of “EACLS” (CareSay) databases or mailing lists, please contact us at [email protected].

Links

 If you would like to link your website / software to this website / software, please contact “EACLS” (CareSay). This website / software may from time to time contain links to third party website / software. Such links are provided by “EACLS” (CareSay) for your convenience and are not an endorsement by “EACLS” (CareSay) of such third-party website / software. “EACLS” (CareSay) does not accept responsibility for the content of third party website / software which are linked to this website / software. You access such third party website / software at your own risk.

Forward-looking Statements Disclaimer

This website / software may, from time to time, contain certain statements or information with respect to: (i) the projection of the “EACLS” (CareSay) ‘s revenues, income, earnings per share, capital expenditures, dividends, “EACLS” (CareSay) structure, or other financial items; (ii) the plans, objectives and/or projections of the “EACLS” (CareSay) for future operations, including those relating to the products or services of “EACLS” (CareSay); (iii) the “EACLS” (CareSay) future economic performance; (iv) assumptions underlying or relating to any of the forgoing statements or information; and (v) any other projections, estimates or forward-looking statements. Such forward-looking statements are based upon, or will be based upon, “EACLS” (CareSay) ‘s judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements. The “EACLS” (CareSay) wish to caution you that such forward-looking statements are only predictions and that actual events or results may differ materially.

 General Disclaimers

“EACLS” (CareSay) tries to ensure that the contents of this website / software are accurate and up-to-date. HOWEVER “EACLS” (CareSay) NEITHER MAKES NOR GIVES ANY EXPRESS WARRANTIES IN RESPECT OF THIS WEBSITE / SOFTWARE AND/OR ITS CONTENTS. IN PARTICULAR, THIS WEBSITE / SOFTWARE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND “EACLS” (CareSay) NEITHER MAKES NOR GIVES ANY EXPRESS WARRANTIES THAT THIS WEBSITE / SOFTWARE WILL OPERATE IN AN ERROR FREE MANNER OR THAT THIS WEBSITE /SOFTWARE OR THE SERVER ON WHICH IT IS SITED ARE FREE FROM COMPUTER VIRUSES, TROJAN HORSES OR OTHER HARMFUL ITEMS (INCLUDING ANYTHING WHICH HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, “EACLS” (CareSay) DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE (INCLUDING, WITHOUT LIMITATION, ANY EQUITABLE, COMMON LAW OR STATUTORY WARRANTIES, ANY IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORINESS, NON-INFRINGEMENT OF THIRD PARTY OR PROPRIETARY OR INTELLECTUAL PROPERTY RIGHTS, ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TRUTHFULNESS, TIMELINESS, RELIABILITY, COMPLETENESS, PERFORMANCE, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) IN RESPECT OF THIS WEBSITE / SOFTWARE OR ITS CONTENTS. ACCORDINGLY ALL SUCH REPRESENTATIONS, WARRANTIES, CONDITIONS OR DUTIES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

 Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL “EACLS” (CareSay) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL LOSSES OR DAMAGES, DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY OR DATA OR OTHER INTANGIBLES OR FOR THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES FOR LOSS OF PRIVACY, DAMAGES FOR NEGLIGENCE OR FAILURE TO USE WORKMANLIKE EFFORT OR PUNITIVE DAMAGES) ARISING OUT OF OR RESULTING FROM OR RELATING TO ANY OF (I) YOUR RELIANCE ON, USE OF OR INABILITY TO USE THIS WEBSITE / SOFTWARE AND/OR ITS CONTENTS OR (II) THE PERFORMANCE OR NON-PERFORMANCE OF THIS WEBSITE / SOFTWARE OR (III) THE CONTENTS OF THIS WEBSITE / SOFTWARE EVEN IF “EACLS” (CareSay) OR ITS SUPPLIERS OR SUBSIDIARY COMPANIES HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND WHETHER SUCH LOSSES OR DAMAGES ARISE IN CONTRACT, DELICT, TORT, FOR NEGLIGENCE, UNDER STATUTE, AT COMMON LAW OR EQUITY OR OTHERWISE.

Thank you for taking the time to read these important notices

OUR DISCLAIMER

This site and application are owned and operated by Everyone’s a Caregiver Learning Systems “EACLS” (“CareSay”) The information contained in this site is proprietary to “EACLS” (“CareSay”) and the modification and/or use of the materials for any purpose is a violation of “EACLS” (“CareSay”)’s proprietary rights.

Unless specifically permitted by “EACLS” (“CareSay”) or as part of the permissions granted to use demonstration software as specifically described in the site, the materials may not be used, reproduced or disclosed to others.

“EACLS” (“CareSay”) does not warrant the correctness or accuracy of the content contained herein. Under no circumstances shall “EACLS” (“CareSay”) be liable for any damages that result from the use of, or the inability to use, the software or other materials contained in this site.

By using this site, you signify compliance with these terms of use.

For further information on our disclaimer contact us at [email protected] or contact our office 1-800-667-7325 ext. 206.