General Information

CloudMD Software & Services Inc. offers Internet-based health and wellness services to individuals located in Canada through the Kii Platform (“Kii”, “the Platform”). We respect the privacy of all individuals using our services.

We recognize the need for appropriate protections and management of your personal and personal health information (Personal Information “PI” as defined below). This policy explains how we collect, use, and disclose your PI.

To receive services, you must register for an account. By registering for and engaging in our services, you acknowledge that you have read and understand this policy, agree to be bound by our terms of use and consent to the collection, use and disclosure of your personal information as set out in this privacy policy.

Minimum Age

You must be at least sixteen (16) years old to use the Platform, and by using the Platform, you represent and warrant that you are at least sixteen (16) years old. Any use of the Platform, including any registration or attempted registration, by anyone under the age of sixteen (16) is unauthorized and is a violation of these Terms of Use. Parental consent may be required in some provinces if you are under the age of eighteen (18).

Application of Policy

This Policy describes CloudMD’s management of information, including the purposes for which we collect, use, and disclose Information and the safeguards we use to protect information during your use of the Platform and all subdomains of such or when contacting us. By providing us with your Personal Information, you agree to be bound by the terms and conditions of this Privacy Policy and we agree to only use or disclose Personal Information as permitted by law or under the terms and conditions contained herein.

What Is “Personal Information (PI)”?

For purposes of this Privacy Policy and Notice, the term “Personal Information” means information about an identifiable individual that is provided through the Platform or collected by us, such as contact information, name, address, phone number or email address, gender, date of birth, and personal health information, including information relating to physical or mental health, health history, medical records, prescriptions, payment for health care provided, and health card number.

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

Consent and Authorization

By using the Platform, you agree to the terms of this Privacy Policy and acknowledge that we may collect, use, and disclose your Personal Information in accordance with the terms hereof. By creating an account to save information, and/or by submitting information for screening purposes and/or an assessment, you consent to the Terms of Use and Privacy Policy as applicable to each and all those actions.

The Platform is strictly confidential. That means that as a rule, the information you share with us is known only to you, your nurse navigator and/or other health professionals involve involved in your care and CloudMD support staff assisting your health professionals. We will not release any information about you to anyone without your written permission, except as set forth in this Privacy Policy or as required or permitted by applicable law or regulatory requirement.

We will collect, use, and disclose your Personal Information without your consent only in limited circumstances and as permitted or required by applicable law or regulatory requirement. For example, Personal Information may be used or disclosed without consent for the purpose of acting in respect of an emergency that threatens the life, health, or security of an individual. In certain limited circumstances, we may be called upon to release your Personal Information in response to a court order, subpoena, search warrant, or applicable law or regulation. We will cooperate in responding to such requests, taking appropriate measures to ensure that the requester understands the sensitive nature of the Personal Information that they may receive, and that disclosure is necessary to comply with applicable law.

Except in limited circumstances as permitted by applicable law, we will obtain your consent before collecting, using, or disclosing your Personal Information for new purposes unrelated to the purposes described in this Privacy Policy and Notice.

In certain cases, you may choose not to provide us with some or all of your Personal Information. However, should you choose not to provide necessary Personal Information to us, that decision may impact your ability to interact with us or for us to provide you with certain services.

Your Rights Regarding Your Personal Information

Except in the limited circumstances established by law, individuals may obtain access to their Personal Information. Individuals may also request us to correct their Personal Information where they believe it to be out of date or otherwise inaccurate. Requests for access or correction must be made in writing and should be addressed to our Privacy Officer (please see the contact details set forth below). We may decide to share your Personal Information with you through a healthcare provider, where appropriate.

We will assist you if you inform us that you need assistance in preparing a request concerning Personal Information. Administrative charges may apply.

Right to Withdraw Consent.

You may, at any time, withdraw your consent for us to collect, use, and disclose your Personal Information as outlined in this Notice. However, withdrawal of consent is subject to legal or contractual restrictions and reasonable notice. As such, we may continue to collect, use, and disclose your Personal Information as may be required to provide you with access to our Services, and to the extent required or permitted by law. If you refuse to provide us with Personal Information, or later contact us to withdraw your consent for us to use and disclose the Personal Information we have already collected, you may not be able to use our services, including our websites and Platform.

What Personal Information Do We Collect?

We may collect Personal Information about you for the purpose of administration and providing services through the Platform, including, without limitation, information such as:

1. Your name;
2. Your contact information, emergency contact information, date of birth;
3. Demographic information (gender, ethnicity, place of birth, education, health, family and lifestyle information, etc.);
4. The services you will and have received through the Platform, dates, etc.;
5. Your health history and current concerns;
6. Responses to your screening and/or online assessment;
7. Your assessment and progress reports;
8. Email communications between you and the CloudMD health professionals involved in your care;
9. Any information that you send to us through email;
10. Outcome data from self-report measures.

How Is This Personal Information Used?

We will use your Personal Information for the purposes for which it was collected as outlined above, and as required or permitted by applicable law. Specifically, we will use your Personal Information to:

1. To provide you with health service recommendations, which can include recommended therapies and life interventions.
2. To provide you with medical care.
3. To provide you with a Wellness Plan, which can include personalized information about services available to you within the healthcare system, health education material and articles and services that may be available to you through your employee benefit program.
4. To match you with recommended treatment providers, in your area or available virtually, which you may or may not choose to pursue.
5. Provide you with ongoing service and support and to help us better understand your needs.
6. To provide health education material and articles with information relevant to the issues identified in your Assessment; and
7. To provide follow-up communications and invite you to complete a reassessment, if you choose to participate.

What Personal Information Do We Share?

We may share your Personal Information with third parties as follows:

1. Health Professionals: Your Personal Information may be shared with other health professionals who are actively engaged in providing your health care.
2. Consulting Professionals:Your Personal Information may be shared by the CloudMD health professional involved in your care for the purpose of quality assurance and otherwise in accordance with applicable laws.
3. Insurance Providers:In circumstances where you are engaging in our services as part of a return-to-work plan established by an insurance company, we may share your Personal Information with those involved in your care, including the insurance company. This disclosure may include information regarding your assessment results, progress, and discharge from the coaching program.
4. Payors:If your use of services is paid for by your employer or a third-party insurance provider, we may disclose certain information in order to assist us with payment for your enrollment. This information includes your name and insurance plan information. We will not disclose to your employer or a third-party insurance provider, any correspondence between you and your wellness coach, any of your assessment information, progress or discharge reports, or any summaries of such information.
5. Employees and Agents:We may provide your Personal Information to our employees, those of our affiliates and our respective agents and those third parties that require such information in order to help us provide services to our clients and administer our business.
6. Funding Body and Its Agents:We may share your personal information for reporting and remuneration purposes with the funding body or its agents in circumstances where you are completing therapy as part of a publicly funded program or for evaluation purposes with the agents of the funding body who have been tasked by the funding body to conduct evaluation to understand the effectiveness of our program as part of the service we are paid to perform. The disclosed information may include identifiable information.
7. Service Providers:We have relationships with agents and third-party service providers that help us provide services to you including, but not limited to, administering our business, and designing, maintaining, and improving the Platform and our systems and computer security and may disclose your Personal Information to these third parties in the provision of their services. We enter into confidentiality agreements with such providers which require them to use the Personal Information they receive only to perform services for us.
8. We may also use third parties to analyze aggregate data collected on the Platform for research purposes in accordance with applicable law. To the extent we allow a third-party service provider access to your Personal Information for the purposes outlined herein, they will only be permitted to collect it or use it for purposes consistent with this Privacy Policy, under the terms and conditions of a business associate agreement and applicable law.
9. Legal Disclosure:We and our service providers may disclose your Personal Information if we are required or permitted by applicable law or legal process, which may include obligations to report suspected abuse or neglect, lawful access by foreign courts, law enforcement or other government authorities in the jurisdictions in which we or our service providers operate.
10. Reorganization, Merger or Acquisition:In the event of a reorganization, merger, acquisition, asset sale or similar transaction, we may transfer all Personal Information we collect to the relevant third party involved in the transaction, with your consent, if and as required under applicable privacy laws.
11. With Consent:We may otherwise disclose your Personal Information when we have your prior consent to share the information. In such cases we will have written contracts in place with the third parties requiring them to comply with terms of confidentiality similar to the applicable terms of this Privacy Policy as well as all applicable statutes, regulations and laws pertaining to the protection of such Personal Information.

Other Information/Logging

We may collect and use information about how you interact with the Platform, including Internet Protocol addresses, Internet domain names and operating system used to access the Platform, the time spent on each page and the time and date of each visit. This information is used for, among other things, auditing and tracking purposes, to improve the content of the Platform, and to create a better experience for users of the Platform.

De-Identification

We may remove identifiers from your Personal Information and maintain, use, and disclose it in a de-identified form and combine it with other information to generate aggregated information. Such de-identified information will be owned by us, and we shall have unrestricted title, rights, and interest to it which may include, without limitation, the right to use, disclose, rent, or sell the de-identified information.

Retention

We will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws or regulatory college retention requirements), resolve disputes and enforce our legal agreements and policies.

Data Residency

Your information, including your Personal Information, is processed and stored at our data centres in Canada.

Verification

We will engage in periodic assessments to verify that our privacy practices continue to comply with this Privacy Policy.

Updates to This Privacy Policy

To ensure that this Privacy Policy is kept up to date, we may change this Privacy Policy from time to time. Notice of changes to the Privacy Policy will be posted on the Site and will be effective thirty (30) days following notice of the changes on the Platform. If you access or choose to continue to use the Platform after the effective date of the change, you are deemed to have automatically accepted the change.

Questions About This Privacy Policy

BY SUBMITTING PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION THROUGH THE PLATFORM AND ENGAGING IN OUR SERVICES YOU SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF THIS PRIVACY POLICY. BY USING THE PLATFORM, YOU ALSO ACCEPT THE TERMS OF USE POSTED ON THE PLATFORM.

You can update your account through our website, or by contacting our Privacy Officer.

If you have any questions about this Privacy Policy or the handling of your Personal Information, please contact our Privacy Officer at privacy@cloudmd.ca.