2. DEFINITIONS"Account" means the account of a User (as defined below) who has a registered account. "Health Care Provider" means any health care provider who provides health care services to you through the Services or who otherwise uses the Services for your diagnosis, treatment or other benefit, including our nurses. "Non-identifying Information" means information that cannot be used to contact or identify you and is not linked to any Information that can be used to contact or identify you. It can include passively collected information about your activities and the activities of your Health Care Providers within the Services, such as usage data, but only to the extent that information is not linked to your Information. "Patient" means a User who registers with ELLERCA with respect to receiving health care services and may therefore and for that purpose have access to the Services. You may become a Patient through your use of the Services. "User" means an individual or other person who registers with ELLERCA and creates an Account, including any Custodians and Patients.
3. INFORMATION COLLECTEDInformation is collected in three ways:
3.1 Information you provideYou provide Information to Ellerca when you register as a User, create a Patient profile, or communicate with us by email, phone, video conferencing, the App, the Site, any of the Platforms or postal mail: When you register as a User or create a Patient profile. In order to use the full complement of the Services, you must register with Ellerca. When you register for the Services, you become a User with an Account. Your Information is recorded through our online registration. At the time of registration, we collect Information, which may include (but not be limited to) the following:
- First and Last Name
- Email Address
- Date of Birth
- Phone Number
- Emergency Contact
- Medical diagnoses and dates of diagnoses
- Current medications and treatment plans
- Insurance information
- Names of your physicians or other health care providers, including those who you wish to designate as being in your circle of care
- Other health information that you voluntarily provide
3.2 Information obtained from your use of the ServicesWhen you visit our Site, use our App or any of the Platforms, or otherwise use the Services, the following Information may also be collected:
- URL information and IP addresses. We may receive the digital address (URL) of the website that you came from when you access our Site over the internet. When you leave our Site, we may also receive the address of the website that you go to. ELLERCA may also receive the internet protocol (IP) address of your computer (or the proxy server you use to access the World Wide Web), your device operating system and type of web browser you are using, your mobile device (including your unique device identifier/UDID) and mobile operating system (if you are accessing the Services using a mobile device) as well as the name of your internet service provider or your mobile carrier. We may correlate this information with other Information we have about you.
- Log information. We may automatically collect and store certain information in server logs about your user sessions when you log-in through your Account. This may include when and how often you access the Services and what tasks were performed. This information will be used for ELLERCA's purposes to improve the design of our Services and to help us better understand how to increase your medication adherence.
- Videoconferences. We may also record and store the videoconferences relating to any services provided by a Health Care Provider to you using the Services.
3.3 Information we get from other UsersWe collect information relating to your communication with other Users or your Health Care Providers, including any documents they may upload to the Services. This includes, but is not limited to, your medical history and any other Information (including personal health information) that you disclose to a Health Care Provider (including our nurses) and medical documents containing, amongst other things, medical records relating to you ("Medical Document"). For example, if a nurse conducts a mental health assessment with you, the Information they collect will be added to your file on the Services.
4. COLLECTION OF INFORMATION FROM CHILDRENThe Services are intended for use by individuals eighteen (18) years of age or older and have the capacity to form legally binding contracts under applicable law. ELLERCA does not knowingly collect, either online or offline, Information from individuals under the age of 18. At this time, the Services are intended for residents of Canadian provinces and territories.
- to provide Users with information about the Services, including updates and notifications;
- to maintain, administer, register and service your Account;
- for support services;
- contact you in response to your technical or general inquiries, or periodically solicit feedback and input from you;
- to generate statistics and aggregate reports to improve the Services;
- to provide services, included health care services;
- to facilitate videoconferencing;
- to improve your medication adherence;
- to communicate with you;
- to offer you tailored content;
- to improve the quality of the Services or enhance your experience with ELLERCA;
- for administrative, management and business purposes such as administration of your Account;
- to store Information; and
- verify Information you provide us as well as the representations and warranties you make to us in the Terms of Service or on Ellerca.
7. INFORMATION WE SHAREWe do not share Information with companies, organizations and individuals outside ELLERCA unless the following circumstances apply or as otherwise permitted or required by law:
- With your consent, we will share Information with companies and organizations outside ELLERCA when we have your consent to do so. We require opt-in consent for this to occur, unless the law permits or requires otherwise.
- By becoming a User of the Services, you consent to share your Information with other Users that you select or from whom you receive services, including, without limiting the foregoing, Health Care Providers within your circle of care.
- By becoming a User, you consent to the sharing of your Information with your insurance companies, to the extent necessary for ELLERCA to bill your insurance companies and provide evidence of any services provided to you. We will disclose Information where permitted or required by law including:
- in an emergency if it is clearly in your interests or will reduce a significant risk of bodily harm to you or a third party and consent cannot be obtained in a timely way;
- in relation to any legal proceeding to protect or defend ELLERCA's or a third party's rights or property;
- to a public body or a law enforcement agency in Canada concerning an offence under the laws of Canada or a province (including to protect our property or the health, safety and property of our community);
- to meet any applicable law, regulation, legal process or enforceable governmental request required or permitted by PIPEDA, PHIPA or other substantially similar provincial legislation in Canada or legislation applicable to a jurisdiction where the Services are being used;
- to assist in an investigation or in the making of a decision to undertake an investigation;
- to enforce our agreement with you or other Users, including payment terms and investigation of potential violations;
- to comply with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of Information, detect, prevent, or otherwise address fraud, security or technical issues; or
- in certain circumstances as required for the integrity and reputation of our business and ELLERCA's technology.
9. ACCURACYELLERCA will take reasonable steps to ensure that the information about you is as accurate, complete, and up to date as is necessary to minimize the possibility that inappropriate information may be used to make a decision about you. However, we cannot be responsible for errors in the records caused by you, your Health Care Providers, or other Users you authorize to have access to your Information. 10. SAFEGUARDS We implement commercially-reasonable administrative, technical and physical security measures to protect your Information. These include the following:
- ELLERCA uses symmetric 256-bit encryption using an RSA public-key SHA-2 algorithm and ECC public-key cryptography to secure connections between you and our servers and protect any data that is submitted to the system.
- All Patient information is stored on a separate private database server that is inaccessible to the public internet.
- All Patient and Health Care Provider's data uses data-at-rest encryption which ensures that any underlying storage, automated backups, replicas, and snapshots of sensitive information are encrypted.
- As part of becoming registered for an Account and becoming a User, you will be asked to create a password. You should create a password (one that uses letters and numbers or symbols and is not a dictionary word or name or that includes information about you such as your date of birth or middle name). Please change your password frequently. If you access the Services from a public computer, please ensure to fully log-out of your Account and delete your browsing history and cache. If you access the Services from your own computer, ensure that your computer is password protected.
- The Information we collect will be stored on servers in Canada. Within ELLERCA, only Health Care Providers employed by ELLERCA or staff Users who require access to offer our services or maintain our services properly functioning and secure will have access to your Information. We require anyone who collects, uses or Information on our behalf to be aware of the importance of maintaining its confidentiality. This is done through the signing of confidentiality agreements, privacy training, and contractual means.
- ELLERCA also takes steps to protect Information against theft, loss and unauthorized use or disclosure. Care is used in the destruction of Information, to prevent unauthorized parties from gaining access to the Information.
11. OPENNESSInformation about our policies and practices relating to the management of Information are available to the public, including:
- Contact information for our Privacy Officers, to whom complaints or inquiries can be made;
- The process for obtaining access to Information we hold about you, and making requests for its correction;
- A description of the type of Information we hold, including a general account of our uses and disclosures;
- The descriptions and documents referred to in subsection 6.(3) of Ontario Regulation 329/04 to PHIPA; and
- A description of how to make a complaint to ELLERCA or to the applicable Privacy Commissioner.