Privacy Policy​

PATIENT PRIVACY POLICY

1. Our approach to privacy

1.1 Jack & Jill Health Inc. (“Cover.Health“, “we“, “our“, or “us“) is committed to protecting your privacy. This privacy policy (the “Policy”) sets out how we collect, store, process, transfer, share and use data, including data we collect about you.

1.2 Unless otherwise indicated, capitalized words and expressions appearing in this Policy shall be interpreted or construed as follows:

(a)	“Consultation” has the meaning set out in Section 4.2;
(b)	“Dependent” has the meaning set out in Section 12.1;
(c)	“Health Service Provider” means a person that is licensed or permitted by a regulatory authority to provide certain Health Services through our Platform in the Jurisdiction in which you are located at the time of your Consultation;
(d)	“Health Service” means a service delivered by a Health Service Provider to you through the use of our Services and Platform for any of the following purposes: (i) protecting, promoting or maintaining physical and mental health; (ii) preventing illness; (iii) diagnosing and treating illness; or (iv) rehabilitation.
(e)	“Jurisdiction” means a Province or Territory in Canada;
(f)	“Law” means a federal, provincial, state or municipal law, any regulation, ordinance, code, guideline, policy, or rule of civil or common law, any trade amendment thereto and any judicial or administrative order, consent, decree or judgment and any reference to a repealed statute shall be deemed to be a reference to such a statute and its related regulations as they existed prior to said statute being repealed;
(g)	“Other Personal Information” means Personal Information which is not considered Personal Health Information;
(h)	“Personal Health Information” means information about you: (i) concerning your mental or physical health; (ii) concerning any Health Service provided to you; (iii) collected in the course of providing you with Health Services; (iv) collected incidentally to the provision of Health Services to you; or (v) such other Personal Information as may be deemed to be of a medical nature pursuant to applicable Privacy Laws;
(i)	“Personal Information” means all information about you which is collected, created, compiled, used, disclosed or otherwise transmitted and/or stored on or by means of our Platform;
(j)	“Platform” means the hardware, software, applications, websites and content owned and/or operated by us used for the provision of Services to you and Health Service Providers;
(k)	“Privacy Laws” means the applicable legislation governing the collection, user, disclosure and/or protection of Personal Information and/or Personal Health Information in the Province or Territory in which you reside at the time of your Consultation;
(l)	“Services” shall mean any software or services provided by Cover.Health, including but not limited to, billing, the provision of remote health and other services by Health Services Providers through use of interactive text, audio and video technology.

1.3 This Policy applies to Services accessed through our Platform.

1.4 Before accessing or using our Platform, please ensure that you have read and understood our collection, storage, use and disclosure of your Personal Information as described in this Policy. By accessing our Platform or using our Services, you are accepting and consenting to the practices described in this Policy.

1.5 Note that this Policy does not apply to the collection, use, retention, disposal, destruction, and protection of Personal Information (including Personal Health Information) by Health Service Providers. Health Service Providers are subject to Privacy Laws and professional requirements that govern their management of Personal Information THAT they collect, use and retain in the course of providing HEALTH services TO YOU through our Platform. The Health Services provided to you by your Health Service Provider forms a separate bilateral contractual relationship between you and the Health Service Provider and we are not parties to this agreement.  Please feel free to ask any Health Service Provider to whom you are referred if you have questions about how he or she will treat your Personal Information.

2. Why we collect Personal Information and how we collect Personal Information

2.1 We collect and process Personal Information about you when we need to do so to fulfil a contractual obligation (for example, use of your Health Card information to facilitate billing through your provincially funded health insurance program) or where we or someone we work with needs to use your Personal Information for a reason related to their business (for example, to allow a Health Service Provider to provide Health Services to you).

2.2 We only collect and process Personal Information after considering the risks to your privacy – for example, by providing clear transparency into our privacy practices, offering you control over your Personal Information where appropriate, limiting the information we keep, limiting what we do with your information, who we send your information to, how long we keep your information, or the technical measures  we use the protect your information.

2.3 We obtain Personal Information about you from: (a) information provided to us directly by you; (b) information provided to us by third-parties, including Health Services Providers; and (c) through tracking technologies such as cookies.

2.4 If you choose not to provide Personal Information, we may not be able to provide our Services to you or respond to your other requests.

3. Information you give to us directly.

3.1 We collect Personal Information about you directly from you when you voluntarily submit information directly to us by filling in forms on our Platform or by corresponding with us by phone, email or other means. This includes information you provide when you book an appointment with a Health Services Provider, participate in any discussion boards, forums or other social media functions on our Platform and when you report a problem with our Platform, or use some of our Services which may be made available to you from time to time.

3.2 More specifically, we will also collect certain Personal Health Information from you if you use our Services. The Personal Health Information we collect, and process is used solely in support of the Services that we provide. Except as may be otherwise required by law:

a. we shall not use any Personal Health Information except in the course of providing Services to you;

b. we shall not permit our employees or any person acting on our behalf to be able to have access to your Personal Health Information unless such person agrees to comply with the terms set out in this Policy and such other internal policies and procedures as we may implement and mandate for our employees or any person acting on our behalf.

3.3 The table below sets out the categories of Personal Information we collect directly from you and how we use that information. The table also lists the legal basis which we rely on to process the Personal Information and information as to how we determine applicable retention periods for the Personal Information provided to us.

Category of Personal Information	Type	How we use it	Legal basis for the processing
Contact information and basic personal details, such as your name, phone number, address, location, IP address, e-mail address	Other Personal Information.	We use this information to communicate with you, including sending statements, news, alerts and marketing communications. We use this information to deal with inquiries and other requests made by or about you, including customer service issues, relating to Services we provide to you and your Health Service Provider(s)	The processing is necessary for our legitimate interests, namely for marketing purposes, and for communicating with you effectively, for responding to your queries and for operation of our Services.
Correspondence and comments. When you contact us directly, e.g. by email, phone, mail, or when you interact with customer service, we will record your comments and opinions.	Other Personal Information.	To address your questions, issues, and concerns and resolve your customer service issues.	The processing is necessary for our legitimate interests, namely communicating with you effectively for the purposes of resolving your issues.
Health card number.	Personal Health Information	For purposes related to the provision of provincially funded health services to you.	The processing is necessary to bill your provincially funded health plan for covered Health Services provided to you by a Health Services Provider
Basic Medical Information.	Personal Health Information	To connect and match you with a qualified Health Services Provider	The processing is necessary for our legitimate interest, namely for the operation of our Services.
All Personal Information set out above.	Other Personal Information and Personal Health Information as more particularly set out above.	We will use all the Personal Information we collect to operate, maintain and provide to you the features and functionality of the Services, to monitor and improve our Services, our Platform and business, for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes, to keep the Platform safe and secure and to help us develop new products and services.	See above.

4. Information we receive from third parties

4.1 We may receive Personal Information about you from third parties. We may receive Personal Information about you if you use any of the other websites we operate or the other services we provide from time to time. We also work closely with third parties (including, for example, the Government of the Province of Ontario, Ontario Telemedicine Network, subcontractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers) and may receive information about you from them.

4.2 We may also receive Personal Information, including Personal Health Information, about you from your Health Service Providers. Our Platform allows you to access Health Services from Health Service Providers, including but not limited to physicians, psychologists, dietician/nutritionists via interactive text, audio, video or other technology which may be made available to you from time to time to facilitate the delivery of remote medical services to you (each such access of Health Services being a “Consultation”). During your Consultation, you Health Service Provider will collect Personal Information (including Personal Health Information) about you and use that information in order to provide you with Health Services. Your Health Service Provider may also provide us with Personal Information he or she collects in order to further facilitate the delivery of Health Services to you via our Platform.

4.3Health Service Providers may collect Personal Health Information about you verbally or by text, including the reason for your consultation request, relevant health history and present condition or symptoms.

4.4 The Health Service Provider may access Personal Health Information that you have entered through our Platform and medical records or information created during earlier interactions through our Platform with our Health Service Providers.

4.5 Health Service Providers must comply with professional regulatory requirements, including as it relates to confidentiality and privacy and record keeping, as well as Privacy Laws.

4.6 Health Service Providers may create information such as prescriptions, sick notes and other notes about your Consultation.

4.7 We also provide a number of optional services where we are authorized by your Health Service Provider to do so. For example, we may receive your Personal Health Information from your Health Service Provider and use that information to: (a) securely fax a prescription to your chosen pharmacy; (b) obtain your lab results on behalf of the Health Service Provider which prescribed the lab tests; or (c) share the Personal Health Information provided to us by your Health Service Provider with other medical professionals (such as other Health Service Providers within our network, a specialist or your family doctor).

4.8 Except as may otherwise be provided by Law, we are not the custodians of Personal Information we receive about you from your Health Services Providers. The Personal Information about you we receive from your Health Service Provider is Personal Information under the control of the Health Service Provider. We do not have the authority to use or disclose this information for any purpose other than the purpose for which the Health Service Provider has authorized us to use the information or for the purpose of carrying out a statutory or legal duty.

4.9 Where we do receive Personal Information about you from a Health Service Provider, we hold this information on behalf of you and the Health Service Provider and do so solely in our capacity as a provider of Services to you and the Health Service Provider. Except as otherwise set out in this Policy and the Terms of Use or as otherwise required by Law: 

(a) we shall not use any Personal Health Information we receive except as necessary in the course of providing our Services to you and the Health Service Provider;

(b) we shall not disclose any Personal Health Information except as directed by your Health Service Provider; and

(c) we shall not permit our employees or any person acting on our behalf to be able to have access to your Personal Health Information unless such person agrees to comply with the terms set out in this Policy and such other internal policies and procedures as we may implement and mandate for our employees or any person acting on our behalf from time to time.

5 Use and collection of Personal Information through tracking technologies.

5.1 We may also automatically collect Other Personal Information about you indirectly about how you access and use the Platform and information about the device you use to access the Platform.

5.2 We use cookies and similar tracking technologies to track the activity on our Services and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze our Services. You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if you do not accept cookies, you may not be able to use some parts of our Services.

5.3 Cookies can be “Persistent” or “Session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while Session cookies are deleted as soon as you close your web browser.

We use both session and persistent cookies for the purposes set out below:

Category	Type	Administered by	Purpose
Necessary/ Essential Cookies	Session cookies	Us	These cookies are essential to provide you with Services available through our Platform and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these cookies, the Services that you have asked for cannot be provided, and we only use these cookies to provide you with those Services.
Policy / Notice Acceptance Cookies	Persistent cookies	Us	These Cookies identify if users have accepted the use of cookies on the Platform.
Functionality Cookies	Persistent cookies	Us	These cookies allow us to remember choices you make when you use the Platform, such as remembering your login details or language preference. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Platform.
Tracking and Performance cookies	Persistent Cookies	Third parties	The information gathered via these cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Platform. We may also use these cookies to test new advertisements, pages, features or new functionality of the Platform to see how our users react to them.

5.4 Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

5.5 We partner with third parties to manage our advertising on other sites. Our third-party partners may use technologies such as cookies to gather information about your activities on this Platform and other sites in order to provide you advertising based upon your browsing activities and interests.

5.7 Our Platform includes social media features, such as Facebook and Twitter.  These providers may collect your IP address, which page you are visiting on our Platform, and may set a cookie to enable the feature to function properly. Your interactions with these providers are governed by the Policy of the company providing it.

5.8 We may link or combine the Personal Information we collect and/or receive about you and the information we collect automatically. This allows us to provide you with a personalized experience regardless of how you interact with us.

5.9 We may anonymize and aggregate any of the Personal Information we collect (so that it does not identify you). We may use anonymized information for purposes that include testing our IT systems, research, data analysis, improving our Services and developing new products and features. We may also share such anonymized information with others.

6. Links to third party sites

6.1 The Cover.Health Service may, from time to time, contain links to and from third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual privacy policies before you submit any information to those websites.

7. Disclosure of your Personal Information

7.1 We will not share your Personal Health Information except as set out in this Policy. We may share your Other Personal Information with any member of our group, which includes our subsidiaries. We will not share your Personal Information with any third parties except as described in this Policy or in connection with the Services. We may share your information with selected third parties, including:

• Business partners, vendors, suppliers, and subcontractors who perform services on our behalf (these companies are authorized to use your Personal Information only as necessary to provide these services to us);
• Analytics and search engine providers that assist us in the improvement and optimization of our Platform (these companies shall never be provided with access to your Personal Health Information);

7.2 In certain situations, we may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet law enforcement requirements.

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Cover.Health, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

7.3 We may disclose Personal Information to third parties in connection with a business transaction. Personal Information may be disclosed to third parties in connection with a transaction, such as a merger, sale of assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business. If we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Platform of any change in ownership that impacts the use of your Personal Information, as well as any choices you may have regarding your Personal Information.

8. Marketing and advertising

8.1 From time to time we may contact you with relevant information about our Services and our other products and services. Most messages will be sent electronically. For some messages, we may use Personal Information we collect about you to help us determine the most relevant information to share with you.

8.2 If you do not want to receive such messages from us, you will be able to tell us by selecting certain boxes on forms we use when we first collect your contact details. You can also change your marketing preferences at any time by following the unsubscribe link at the bottom of our emails.

9. Storing and transferring your Personal Information

9.1 Cover.Health has implemented administrative, technical, and physical safeguards to protect its and its customers information. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Services, you are responsible for keeping this password confidential. You should not share your password with anyone.

9.2 While no transmission of information via the internet is completely secure, we take reasonable measures to protect your Personal Information. We cannot guarantee the security of your Personal Information transmitted to our Platform; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

9.3 To ensure the security of your Personal Health Information, we maintain an electronic record of:

a. access to your Personal Health Information by our employees, Health Service Providers and any person acting on our behalf; and

b. transfers of all or part of your Personal Health Information to external health professionals (those that are not providing health services to you via our Platform).

10. Retaining your information

10.1 We will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of our legitimate business interests and satisfying any legal or reporting requirements.

10.2 To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and the applicable legal requirements.

11. Your rights in respect of your Personal Information

11.1 We value your privacy and our goal is to provide you with a clear and transparent framework for the use of your Personal Information. To that end, you have the following rights in respect of the Personal Information that we hold and have control over:

• Right of access and portability. The right to obtain access to your Personal Information and to receive that Personal Information in a commonly used format.
• Right to rectification. The right to obtain rectification of your Personal Information without undue delay where that Personal Information is inaccurate or incomplete.
• Right to erasure. The right to obtain the erasure of your Personal Information without undue delay in certain circumstances, such as where the Personal Information is no longer necessary in relation to the purposes for which it was collected or processed.
• Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personal Information in certain circumstances, such as where the accuracy of the Personal Information is contested by you.

11.2 If you wish to exercise one of these rights, please contact us using the contact details at the end of this Policy. Upon request, we will provide you with information about whether we hold any of your Personal Information. You may access, correct or request deletion of your Personal Information by contacting us at hello@cover.health. We will respond to your request within 30 days.

11.3 We do have the authority to delete or otherwise dispose of PERSONAL INFORMATION (INCLUDING personal health information) we receive about you from your Health Service Providers. Such information is under the control of the Health Services Provider and any requests to obtain, modify or delete such information must be made through the Health Service Provider.

11.4 Cover.Health does not sell Personal Information shared by you. All use of Personal Information is done for the delivery, use, and improvement of our Services.

12. Our policy towards children and other dependents

12.1 We are committed to protecting the privacy of children and those who lack the necessary capacity to give valid consent to his or her medical treatment Policy (each such person being a “Dependent”). A Dependent is not permitted to use our Platform. However, a Dependent may receive Health Services via our Platform through their parent’s or legal guardian, provided that the parent or legal guardian is with the Dependent when the Dependent is receiving Health Services through our Platform. If you are a parent or legal guardian of a Dependent, you represent and warrant to us that you are authorized to provide us with Personal Information about the Dependent and that you have the authority to make medical decisions on behalf of the Dependent.

12.2 Ultimately, your Health Service Provider shall reserve the right to assess whether a person has the capacity to provide consent to his or her medical treatment on a case-by-case basis. If the Health Service Provider determines that a person is a Dependent, the Dependent’s parent or legal guardian must abide by the terms defined in this Policy and our Terms of Service whenever the Dependent receives Health Services through our Platform.

13. Changes to this policy

We may update this Policy from time to time and so you should review this page periodically. When we change this Policy in a material way, we will update the “last modified” date at the end of this Policy. Changes to this Policy are effective when they are posted on this page.

14. Notice to you

If we need to provide you with information about something, whether for legal, marketing or other business related purposes, we will select what we believe is the best way to get in contact with you. We will usually do this through email or by placing a notice on our Platform. The fact that we may send notices to you will not stop you from being able to opt out of certain types of contact as described in this Policy.

15. Contacting us

15.1 Any questions, comments, and requests regarding this Policy are welcome and should be addressed to our Data Protection Officer, team@cover.health. Communication can also be addressed to:

Cover Health

75 Montpelier St., Brampton, ON, L6Y 6H4