TEAM CAREPAL – Privacy Policy (Canada)

Effective upon: January 2022

Last updated: September 2023

At CND Creations Ltd. o/a Team CarePal (“we” and “us”), we are strongly committed to transparency, and we want you (“you” or “your”) to understand how we collect, use, disclose and protect personal information provided to us in connection with the Services (as later defined). This Privacy Policy also sets out how you can manage the personal information we collect from you. In the event that you are the legally appointed decision maker of another individual with the legal authority to consent to the collection and use by us of such individual’s personal information on behalf of such individual, references within this Privacy Policy to “your personal information” shall be deemed to include the personal information of such individual.

This Privacy Policy describes the types of personal information we may collect or that you may provide when you visit or use the Team CarePal website at https://teamcarepal.com/ (the “Website”) or use the Team CarePal mobile application (the “App” and, together with the Website, the “Platform”). 

This Privacy Policy applies to your use of the Platform and all related services (collectively, the “Services”). By using the Services, you are accepting the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Services. If you do not understand, or if you have questions about, this Privacy Policy, please contact us before using, or continuing to use, the Services.

The date on which the Privacy Policy was last amended is indicated above. We reserve the right to change our Privacy Policy from time to time. We will display a prominent notice that the Privacy Policy has been amended on our Platform for a period of thirty (30) days. The amended Privacy Policy is effective when posted. Your use of the Services after we have made changes to our Privacy Policy will mean that you have accepted those changes.

Nothing contained in this Privacy Policy is intended to create a contract or agreement between us and you.

Please refer to the following sections to learn more about our Privacy Policy.

INFORMATION

Personal information means information about an identifiable individual (collectively, “personal information”), and does not include information that cannot be attributed to an identifiable individual, such as information of an aggregate or anonymous nature (collectively, “non-personal information”).

We will only collect, use, and disclose the personal information that we need in order to provide you with the Services.

CONSENT

 We will obtain your express consent prior to or when collecting, using, or disclosing your personal information for any purpose not described in this Privacy Policy, or for a purpose that was not identified to you nor reasonably expected at the time of collection, unless we are required or permitted by law not to obtain your consent.

We may rely on your implied consent in certain circumstances, after taking into account factors such as the sensitivity of the personal information and your reasonable expectations. We will limit the collection, use, and disclosure of your personal information to only that which is necessary for the purposes identified, unless you have otherwise consented, or when such collection, use, and/or disclosure is permitted or required by law.

You can always refuse to provide your personal information, except that it may prevent you from using our Services or receiving responses to your inquiries or other information of interest.

TYPES OF INFORMATION WE COLLECT

We may collect various types of personal information from you, depending upon how you interact with us or use or interact with our Services. This personal information may include your:

• Contact Information. Name, email address, postal address, phone number and other contact information and name of Care Recipient (as defined below).
• Age bracket.
• Health Information. Health information of Care Recipient (as defined below).
• Financial Information. Credit card and billing information.
• Device Information. IP address, operating system and platform, device type and device identifiers.
• Technical Information. Geo-location information, computer and connection information, statistics on page views, traffic to and from the Website, referring URL, advertising data and standard web log information.
• Automated Technologies or Interactions: Information collected through cookies, web beacons, and other tracking technologies.

Personal information relating to other parties

Depending upon your access permissions on the Platform, you may have the option to post or view personal information to the Platform relating to a person in your care (a “Care Recipient”), including health information relating to the Care Recipient.  If you post personal information of a Care Recipient to the Platform, or access or use any such information posted to the Platform, you acknowledge, represent, and attest that you have informed and express consent from the Care Recipient (or, in the event the Care Recipient lacks the legal capacity to provide such consent, the Care Recipient’s legal decision maker) to post, view or otherwise view such information. Forwarding any information you obtain relating to a Care Recipient that you receive from the Platform without such consent is strictly prohibited.  

Should we receive a complaint about your posting of personal information about any person, we will investigate it. If we find that the personal information was not posted with proper consent, your posts will be deleted. We reserve the right to prohibit your use of our Services as we may deem necessary.

You understand that all the information you will post about a Care Recipient constitutes sensitive personal information. This means you should keep it to a minimum, in accordance with the consent you have received.   

We will protect the personal information you post on our Platform with security safeguards appropriate to its level of sensitivity and in accordance with this Privacy Policy.

HOW WE COLLECT INFORMATION

We need to collect personal information from you in order to provide you with our Services, as well as to improve your experience using our Services. You may provide us with personal information in several ways, including, for example when you:

• use our Services;
• create an account or profile;
• correspond with us;
• sign up to receive our newsletter or promotional information;
• ask for customer service, support or other assistance; or
• interact with us in any other way, online or offline, including through our Services.

We may also collect personal information from other sources (such as from third party service providers) to, among other things, enable us to complete, verify, or update personal information contained in our records and to better customize the Services we provide.

Automatic Information Collection and Tracking Technologies

When you download, access, and use our Services, we may automatically collect:

• Usage Details. When you access and use the Platform, we may automatically collect certain details of your access to and use of the Platform, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Platform.
• Device Information. We may collect information about your device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
• Stored Information and Files. The Platform also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

The technologies we use for this automatic data collection may include cookies, flash cookies, web beacons, and/or similar log files. These are small text files that are stored on your computer browser or device when you visit certain online pages, images on web pages that track user activity on the website, or similar. We use these technologies to collect certain information in order to better your online experience.

You can set your browser or device to refuse all cookies or to indicate when a cookie is being sent. Setting your browser or device to decline cookies will prevent web beacons from tracking your activity. If you delete your cookies or if you set your browser or device to decline these technologies, some of our Services may not function properly. Our Services do not currently change the way they operate upon detection of a “do not track” or similar signal.

We may also use various types of online analytics, including Google Analytics, a web analytics service provided by Google, Inc. (“Google”), on our Services. Google Analytics uses cookies or other tracking technologies to help us analyze how users interact with and use our Services, compile reports on the related activities, and provide other services related to website activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring website or application. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google click here. [NTD: confirm whether the Company uses Google analytics]

Third-Party Information Collection  

Some content or applications on the Platform, including advertisements, are served by third-parties, including advertisers, advertising networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Platform. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, applications and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they are used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

HOW WE USE INFORMATION

Unless otherwise consented by you in advance, or as may be permitted or required by law, we will only use and disclose your personal information to fulfill the purposes for which it was collected (and in accordance with this Privacy Policy).

We use personal information to:

• provide you with our Services;
• to provide you with information or other services that you request from us;
• to fulfill the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it;
• to provide you with notices about your account;
• to carry out our obligations and enforce our rights arising from any contracts with you, including for billing and collection or to comply with legal requirements;
• to notify you about changes to our Platform or any products or services we offer or provide though our Platform;
• maintain and improve our Platform, services, marketing or customer relationships and experiences;
• to personalize, measure and improve our Services, content and advertisements;
• to inquire about our Services and the services of any of our affiliates for the purpose of targeted marketing activities, updates and promotional offers based on your messages and preferences (where applicable);
• administer our relationship with you, including creating and managing your account;
• respond to your communications and provide customer support;
• measure performance (such as our customer support interactions with you);
• develop new services;
• conduct surveys and research to better understand the preferences of our customers like you;
• provide you with, and improve, relevant marketing offers or information from us or third parties;
• enforce our Terms and Conditions;
• respond to legally binding demands from law enforcement, regulatory authorities or other third parties;
• defend, protect or enforce our rights or applicable terms of service;
• to prevent fraud or the recurrence of fraud;
• assist in the event of an emergency; and
• comply with applicable law.

HOW WE DISCLOSE INFORMATION

Except as set forth in this Privacy Policy, or as required or permitted by law, we disclose your personal information to parties, our service providers and our affiliates, and their respective directors, officers, employees, agents, consultants, advisors or other representatives that have a need to use your personal information to provide or improve our Services, to legal or regulatory authorities, or for other purposes for which you have provided your consent. In no event will we sell or license your personal information.

We may disclose personal information:

• to our affiliates or other related companies;
• to our third party service providers to help us with the uses described in the How We Use Information section above, including financial service providers, marketing agencies and technical support;
• to comply with your directions or any additional consent you have provided us;
• to other parties where we are under a duty to disclose your personal information in order to comply with any applicable legal obligation including a regulatory process, or an order of a government institution, investigative body, regulatory body or judicial authority of competent jurisdiction;
• where we transfer or are considering transferring control of any or all of our assets, operations or services to a third party acquirer of all or substantially all of our assets, including our rights and obligations relating to our Services, to a third party. The third party may continue to retain and use the personal information that you provided to us. We will act in a reasonable manner, including by contractual or other means, to ensure that the third party agrees to similarly be bound by this Privacy Policy or a privacy policy that provides substantially similar measures to those employed by us to protect the privacy and security of your personal information and to similarly comply with applicable privacy legislation with respect to your personal information, but we cannot guarantee such latter compliance by the third party acquirer; and
• where we merge, consolidate, or amalgamate with a third party, the merged, consolidated, or amalgamated entity may continue to use and disclose your personal information. We will use our best efforts to ensure that the merged, consolidated, or amalgamated entity agrees to similarly be bound by this Privacy Policy or a privacy policy that provides substantially similar measures to those employed by us to protect the privacy of your personal information and to similarly comply with applicable privacy legislation with respect to your personal information, but we cannot guarantee such compliance.

We disclose non-personal information to third parties as reasonably necessary to meet our business needs. We do not disclose your personal information to third parties for their own direct marketing purposes without your consent.

TRANSFERRING PERSONAL INFORMATION

We may transfer personal information that we collect or that you provide as described in this Privacy Policy to contractors, service providers, and other third parties we use to support our business (such as payment processors and analytics and search engine providers that assist us with Platform improvement and optimization) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this Privacy Policy.

We may process, store, and transfer your personal information in and to a location outside of your province or country, including on or in computing systems or cloud-based servers located outside of your province or country. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that province or country may be able to obtain access to your personal information through the laws of the other province or foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this Privacy Policy and applicable Canadian privacy legislation. Your consent to this Privacy Policy followed by your disclosure of your personal information represents your agreement to such processing, storing and transferring of personal information.

HOW WE PROTECT INFORMATION

The security of your personal information is very important to us. We use electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. For example, we use an encrypted channel(s) between our front-end web service and our APIs, and we store encrypted personal information that we have collected in secure operating environments. Any payment transactions will be encrypted using SSL technology.

We will only retain your personal information for the period of time reasonably required to fulfill the purposes for which it was collected. We may retain non-personal information for as long as we have a business need to do so.

An organization must protect personal information that is in its custody or under its control by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction. All of our service providers and contractors are contractually obligated to employ appropriate data security measures with respect to your personal information and to collect/use/disclose/retain it only within the scope required for the provision of our Services. However, we are not responsible for the actions and privacy policies of these third parties and their systems, programs, websites, solutions and/or applications.

We try our best to safeguard personal information once we receive it, but please understand that no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. If you suspect an unauthorized use or security breach of your personal information, please contact us as soon as possible.

YOUR CHOICES

We offer you certain choices in connection with our Services.

Access to your personal information

On your reasonable written request, we will provide you, not later than thirty (30) days from our receipt of your request, or such additional time as required by law, with access to or information about your personal information (if any) under our custody or control, and the names of persons to whom, and any circumstances in which, your personal information has been and is being disclosed by us. You must provide sufficient information in your request to allow us to verify your identity and identify the information you are seeking.

If you request a copy of your personal information and the personal information can reasonably be reproduced, we will provide you with a copy of the personal information, or, if applicable, we will give you reasons for any delay in providing a copy of the requested personal information. All requests may be subject to minimal costs, in accordance with applicable privacy legislation.

We reserve all rights not to disclose personal information, in whole or in part, in certain circumstances permitted or required by law, including but not limited to where: