“LifePath Remote Patient Monitoring Platform” is a platform (the “Platform”), created by Elastic Care, which allows users of the LifePath Patient Application (the App”) to gather certain personal and health related information and communicate such data it to the user’s chosen healthcare practitioners or professionals i.e. registered clinician or doctor (the “Clinician”). The App and Platform are used for the purposes of direct medical consultation (“Consultation”) between users and the Clinician they choose to have their information sent to. The Platform, the App, the website www.elasticcare.com (the “website”) and the information and services made available through these, are collectively referred to as the “Services”.
For the purposes of this Policy, “Personal Information” or “PI” means Personal Information about an individual which allows them to be identified. “Personal Health Information” or “PHI” means information about an identifiable individual that relates to the individual’s physical or mental health. PHI includes name of the user, gender, date of birth, past medical history and treatments, allergies, medications taken, smoking status, symptoms, vital signs and symptoms experienced. PHI may be submitted by the user for review by their Clinician.
PRIVACY PRINCIPLES AND OUR COMMITMENT
We take the privacy of our users very seriously and are committed to safeguarding your Personal Information and PHI. Accordingly, we make the following commitments to you, as a user of our services.
- We will never disclose your Personal Information or PHI to anyone without your consent.
- We will never rent or sell the Personal Information or PHI that we collect.
- We have implemented industry-standard physical, administrative and technological safeguards to protect Personal Information and PHI from unauthorized access.
- We will comply with applicable privacy and personal health information legislation applicable to locations where we operate.
INFORMATION WHICH WE COLLECT AND STORE
We may collect the following information from you when you download the LifePath App and register for a LifePath account (“Account”) or when you use the Services:
- REGISTRATION AND PERSONAL HEALTH INFORMATION
When you register for a LifePath Account, we will collect identification and contact information. When you use the App and the Platform, we will collect and store Personal Health Information and other PHI information for transmission, unaltered, to your designated Clinician. Your Clinician may or may not use the information you provide to assess your condition, exercise clinical judgement, make diagnoses and suggest possible treatment or remedial actions.
- CHARGES AND FEES
The Services made available via this App and Platform are offered free of charge to users. There are no fees for use of the App or the Platform. Please be aware, however, that your Clinician may charge you or your health insurance provider for any medical consultation or service rendered using the LifePath Service. Elastic Care has no involvement in such fees and receives no compensation or payment from users or Clinicians for providing the LifePath Platform, App or Service.
- 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, any URL that you are coming from and your navigation history. This information is gathered in order to customize your experience of the Services, to improve our Services and for research purposes only.
- INFORMATION FROM USE OF THE APP Data obtained from use of the App and Platform will be anonymized and de-identified before being analyzed and used by us for product development and research purposes.
USE AND DISCLOSURE OF YOUR INFORMATION
- HEALTHCARE CONSULTATIONS
We will transmit and disclose your Personal Information, including PHI, only to the healthcare professional whom you designate as your Clinician, in the App. We collect such information from you, with the sole purpose of passing it on, unaltered, to the Clinician of choice.
If any information is required to be disclosed to a third-party, not associated with us or with LifePath, we will only make such disclosure after obtaining your express consent. Note, however, that your Clinician may provide information related to you, to other third parties in the course of their medical practice. We exercise no control or influence over this. If you wish that your Clinician should not share your PI or PHI with any third party, you should communicate this to your Clinician directly.
We do not provide you with any healthcare services and cannot guarantee the accuracy, fidelity, timely transmission or receipt of your Personal Information, including PHI to your Clinician or that your Clinician will take any timely or correct action.
Access to your Personal information will be logged and controlled. We will put in safeguards, and perform audits to ensure that your Personal Information is accessed, read or retrieved only by persons specifically authorised to do so, that such authorization is issued only for reasons related to maintaining or improving the LifePath Platform and /or App and that the information is only accessed on a ‘need to know’ basis. We may retain your Personal Information on our customer support systems and software for the purposes of user 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 such a a third-party service provider, we will 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.
- 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 Elastic Care. Your Personal Information relevant to such transaction, will 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.
This section does not relate to your PHI, which will not be disclosed and will remain confidential.
- ACCESSING YOUR PERSONAL HEALTH INFORMATION
Elastic Care does not retain your PI, PHI or other records beyond the periods described here. If you wish to have a copy of your patient information, you must obtain it directly from your Clinician or from the App where it is stored locally (i.e. on your mobile phone).
- LIMITATIONS ON ACCESS
The information held in the LifePath App or Platform is only as accurate as the information what you enter into your App. We will not modify, correct, update, interpret or check for accuracy, any information you provide using the App, the Platform or your Service.
- ANONYMIZED INFORMATION
When conducting product development or research we will only use anonymized, de-identified and aggregated information.
- INFORMATION SAFETY
Elastic Care is committed to information security and protects Personal Information and PHI through physical, technological and administrative controls and safeguards. We have implemented access and security controls at various levels, to protect infrastructure and applications against unauthorized access.
Secure Storage: We store all Personal Information and PHI in a secure, data centre in Canada, owned and operated by Pathway Communications, an affiliated company of Elastic Care. The Pathway data center carries the following certifications: PCI DSS (Payment Card Industry Data Security Standard), HIPAA compliance (Health Insurance Portability and Accountability Act), ISO 27002, ISO 27018, SOC 2 Types I and II, Tier III (Uptime Institute)
Privacy Policies and Training: Elastic Care has implemented written policies and procedures that specifically address the privacy and security of your PHI. All employees and contractors receive privacy training on Personal Information safety and risk mitigation and are legally bound by confidentiality and non-disclosure agreements.
- BREACH RESPONSE
There is no guarantee against data breaches. However, Elastic Care has taken reasonable measures to prevent a breach, as described above. In the event of a data breach, we will immediately apply remedial measures and notify users of the breach at the first reasonable opportunity.
- CHANGES TO THIS POLICY
If we decide to make material changes to this 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.
- CONTACTING US
If you wish to contact us in respect of our privacy practices or this Policy please do so, by email to our Designated Privacy Contact at firstname.lastname@example.org . If we are unable to resolve your issue to your satisfaction, you may file a complaint with the local privacy authorities in your state, province or county or with the Office of the Privacy Commissioner of Canada.
End-User License Agreement (EULA) For the LifePath Remote Patient Monitoring Platform Software Application
This End-User License Agreement (“EULA”) is a legal agreement between you(the user of the LifePath Remote Patient Monitoring Platform Software Application for Remote Healthcare) and Elastic Care Inc. (the owner and provider of the LifePath Remote Patient Monitoring Platform Software Application )
This EULA agreement governs your acquisition and use of the LifePath Remote Patient Monitoring Platform Software Application (“LifePath Platform”) Elastic Care or indirectly through an Elastic Care authorized reseller or distributor (a “Reseller”).
Please read this EULA agreement carefully before completing the installation process and using the LifePath Platform. It provides a license to use the LifePath Platform and contains warranty information and liability disclaimers.
If you register for a free trial of the LifePath Platform, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the LifePath Platform, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the LifePath Platform, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the LifePath Platform supplied by Elastic Care herewith regardless of whether other software is referred to or described herein. The terms also apply to any Elastic Care updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Elastic Care hereby grants you a personal, non-transferable, non-exclusive license to use the LifePath Platform software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the LifePath Platform software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the LifePath Platform software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- Use the Software for any purpose that Elastic Care considers is a breach of this EULA agreement
Intellectual Property and Ownership
Elastic Care shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Elastic Care.
Elastic Care reserves the right to grant licenses to use the Software to third parties.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Elastic Care.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Canada.
Please be aware that consulting your GP or medical practitioner, via this app, may be treated as a billable service by the physician.
CONSENT TO USE ELECTRONIC COMMUNICATIONS TO PROVIDE REMOTE HEALTH SERVICES
TO PROVIDE REMOTE HEALTH SERVICES
I, the user of the Company’s Service (the “User”) acknowledge that in consenting to having Elastic Care Inc. (the “Company”) communicate with and/or provide a service through its LifePath Remote Patient Monitoring Platform (the “Service”), that
I have read this document and am aware of the following:
1. RISKS OF USING ELECTRONIC COMMUNICATION
While the Company will endeavour to review electronic communications in a timely manner, the Company cannot provide a timeline as to when communications will be reviewed and responded to. Electronic communications will not and should be used for medical emergencies or other time-sensitive matters.
- Electronic communication may not be an appropriate substitute for the Service that the Company offers.
- Despite reasonable efforts to protect the privacy and security of electronic communication, it is not possible to completely secure the information.
- Employers and online services may have a legal right to inspect and keep electronic communications that pass through their system.
- Electronic communications can introduce malware into a computer system, and potentially damage or disrupt the computer, networks, and security settings.
- Electronic communications are subject to disruptions beyond the control of the Company that may prevent the Company from being able to provide the Service
- Electronic communications can be forwarded, intercepted, circulated, stored, or even changed without the knowledge or permission of the Company or the User.
- Even after the sender and recipient have deleted copies of electronic communications, back-up copies may exist on a computer system.
- Electronic communications may be disclosed in accordance with a duty to report or a court order.
- Videoconferencing using no-cost, publicly available services may be more open to interception than other forms of videoconferencing
- There may be limitations to services that can be provided through electronic communications, dependent on the means of electronic communications being utilized
- Email, text messages, and instant messages can more easily be misdirected, resulting in increased risk of being received by unintended and unknown recipients.
- Email, text messages, and instant messages can be easier to falsify than handwritten or signed hard copies. It is not feasible to verify the true identity of the sender, or to ensure that only the recipient can read the message once it has been sent.
2. CONDITIONS OF USING ELECTRONIC COMMUNICATIONS
While the Company will use reasonable means to protect the security and confidentiality of information sent and received using electronic communications, because of the risks outlined below, the Company cannot guarantee the security and confidentiality of electronic communications:
- Electronic communication may not be an appropriate substitute for the Service that the Company offers.
- Electronic communications may be copied or recorded in full or in part and made part of your clinical chart. Other individuals authorized to access your clinical chart, such as Company staff may have access to those communications.
- The Company may forward electronic communications to staff and those you designate as being involved in the delivery of your care. The Company will not forward electronic communications to third parties, including family members, without your prior written consent, except as authorized or required by law.
- Prior to the commencement of the Service by the Company through electronic communications, the use of the Service will establish an emergency protocol to address the following:
- Steps to be followed in the event of a technical issue that causes a disruption in the Service that are being provided by the Company; and
- Steps to be followed in the event of a medical emergency that occurs during the provision of the Service.
- The Company is not responsible for information loss due to technical failures associated with your software or internet company.
- The User will inform the Company of any changes in the User’s email address, mobile phone number, or other account information necessary to communicate electronically.
- The User will ensure the Company is aware when they receive an electronic communication from the Company, such as by a reply message or allowing “read receipts” to be sent.
- The User will take precautions to preserve the confidentiality of electronic communications, such as using screen savers and safeguarding computer passwords.
- If the User no longer consents to the use of electronic communications by the Company, then the User will provide notice of the withdrawal of consent by email or other written communication.
ACKNOWLEDGEMENT AND AGREEMENT
I, the User of the Company’s Services acknowledge that I have read and fully understand the risks, limitations, conditions of use, and instructions for use of the selected electronic communications as described above. I understand and accept the risks outlined above to this consent form, associated with the use of the electronic communications with the Company and the Company’s staff. I consent to the conditions and will follow the instructions outlined above, as well as any other conditions that the Company may impose regarding electronic communications with its users. I acknowledge and agree to communicate with the Company or the Company’s staff using these electronic communications with a full understanding of the risks in doing so.
I confirm that any questions that I had regarding the provision of the Service through electronic communications have been answered by the Company.