These TERMS AND CONDITIONS
”) represent a legal agreement that explains your rights and obligations around your Use of the Vitall Intelligence Inc. website at www.vitall.com
"), the Vitall Web Application at app.vitall.com
”) through which Vital offers its Services, all Content, and any new features or tools that may be added to them.
PLEASE READ THESE TERMS CAREFULLY.
BY BROWSING THE SITE OR BY CLICKING “I ACCEPT
” WHEN YOU OPEN AN ACCOUNT TO SUBSCRIBE TO OUR SERVICES AND TO USE THE WEBAPP YOU:1. REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, ARE OF SOUND MIND, AND ARE OTHERWISE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT; and2. AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND THAT YOU WILL BE LEGALLY BOUND BY THESE TERMS AND ANY OTHER AGREEMENTS THAT THESE TERMS REFERENCE, SUCH AS OUR PRIVACY NOTICE
; IF YOU DO NOT ACCEPT ALL THESE TERMS AS PROVIDED DO NOT ACCESS OR USE THIS SITE AND DO NOT OPEN AN ACCOUNT TO SUBSCRIBE TO OUR SERVICES OR TO USE THE WEBAPP.
2. ADDITIONAL TERMS
These Terms may be supplemented by additional terms related to specific Content or Service options we may make available on the Site or through the WebApp ("Additional Terms
"). REFERENCE TO THESE TERMS SHALL BE INTERPRETED TO INCLUDE THE TERMS AND ANY ADDITIONAL TERMS. We will notify you of any Additional Terms and prompt you to review and accept them before you engage with the specific Content or Service option to which they may apply. If there are inconsistencies between these Terms and the Additional Terms, then the Additional Terms will control.3. OUR SERVICES
We empower individuals to engage in their health journey and enhance their medical emergency readiness by securely acquiring their health records from their current and former healthcare providers, make their records available through our WebApp, and allow them to grant access to their records, at their discretion, to their caregivers and the healthcare professionals involved in their care (the “Services
” means one of a Heath Account, a Dependent Account, or a Caregiver Account.
” means the Personal Information, Personal Health Information, (each as defined in the Privacy Notice
) collected in the course of Onboarding, the health records collected in the process of providing the Services, and all other information in an Account.“Affiliates
” means the legal entities that (directly or indirectly) control, are controlled by, or are under common control with the named party. For purposes of this definition, “control
” means (a) having, direct or indirect, or the power to direct the management or policies of an entity or (b) having beneficial ownership of at least 50% of the voting securities or other ownership interest or other comparable equity interests of an entity.
” means an individual who assists a Dependent but who does not him/herself subscribe to the Services and may include a Substitute decision Maker.
” means an individual who is not a Legal Dependent who authorizes a Caregiver to assist him/her through a Caregiver Account.
” means an account managed by a Caregiver on behalf of a Dependent where the Caregiver Onboards and has full custody of the Dependent’s Account Record and can grant temporary access to the Dependent’s health records to a third party, such as a healthcare provider.
" means an individual who subscribes to receive Services through a Heath Account or a Dependent Account.
" means text, data, statistics, images, documents, forms, guidelines, video, audio or other multimedia content, software, or other information or material we provided on the Site, the WebApp, and includes your Account Record.
” means an account for a Dependent whose health records are acquired, but whose Account Record is managed by a Substitute Decision Maker or a Caregiver under a Caregiver Account or a Health Account.
” means all comments and suggestions for improvement that you may provide to us by any means.
” means an account managed by an individual whose health records are acquired, who Onboards him/herself, has full access and custody of his/her health records, and can grant temporary access to his/her health records to a third party, such as a healthcare provider.
” means any property, tangible or intangible, that may be subject to Intellectual Property Rights, including ideas, formulae, algorithms, concepts, techniques, processes, procedures, protocols, approaches, methodologies, plans, systems, research, information, documentation, data, data compilations, specifications, requirements, designs, diagrams, programs, inventions, technologies, software (including its source materials), tools, products knowledge, know-how, trade secrets, unpublished patent applications, and other materials or things, trademarks, trade names, and domain names;“Intellectual Property Rights
” means any and all legal protection now recognized by law or that in the future may be recognized by law anywhere in the world – whether by statute, at common law, or otherwise – relating to the Intellectual Property including patent law, copyright law and moral rights, trademark law, design patent or industrial design law, semiconductor chip or mask work law, trade secret law, confidential information, or any other statutory provision or common law principle applicable to these Terms that may provide a right in either the Intellectual Property or the expression or use of the Intellectual Property and all other applications, registrations, or grants of rights analogous to them, and including the right to apply for the any of them;
” means an individual who is less than 18 years old or an adult who authorized another individual to act on his or her behalf under a Power of Attorney for Personal Care.
” means any text, data, images, documents, video, audio or other multimedia content that you submit to or upload onto the Site or the WebApp, other than Personal Information and Personal Heath Information.
” means providing the consents required to open and Account and to complete an onboarding questionnaire.
” means an individual, sole proprietorship, partnership, limited partnership, limited liability partnership, corporation, limited liability company, business trust, joint stock company, trust, incorporated association, joint venture or similar entity or organization, including a government or department or agency of a government.
” to provide or receive (as applicable) the Services.
“Substitute Decision Maker
” means a parent, guardian, or a holder of a Power of Attorney for Personal Care who acts on behalf of a Legal Dependent.
” or “Using
” means to access, read, review, print, or download.
” means any Person who Uses the Site or WebApp, and includes Clients, Caregivers, and any Person who has been granted temporary access health records under an Account.
" or "our
" means Vitall Intelligence Inc. (“Vitall
”) and any of its Affiliates.
" or "your
" means a Person who Uses the Site, the WebApp, or the Content as a visitor, a prospective or current Client, a Caregiver, and any Person who has been granted temporary access to a Client’s health records under an Account.5. SCOPE
THE SITE, WEBAPP, SERVICES, AND CONTENT ARE PROVIDED FOR YOUR GENERAL INFORMATION ONLY, DO NOT CONSTITUTE MEDICAL, SCIENTIFIC, LEGAL, OR ANY OTHER TYPE OF ADVICE, AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, ASSESSMENT AND EVALUATION. YOU SHOULD NOT RELY ON ANY OF THEM TO TAKE OR NOT TO TAKE ANY ACTION OR TO MAKE OR NOT MAKE ANY DECISIONS ABOUT YOUR MEDICAL CONDITIONS OR YOUR HEALTH WITHOUT CONSULTING A QUALIFIED PROFESSIONAL IF YOU RELY ON ANY CONTENT ON THE SITE OR WEBAPP YOU DO SO AT YOUR OWN RISK, BUT NOTHING IN THESE TERMS IS INTENDED TO LIMIT YOUR STATUTORY RIGHTS.6. CHANGES TO SITE AND SERVICES
We reserve the right to, at any time and for any reason to: (1) modify, suspend, or terminate the Site, the WebApp and the Services and to reprice our Services, all without notice to you and without liability to you or to any third-party; (2) refuse to offer Services to any Person, or in any jurisdiction; and (3) to report verbal or written abuse of any kind (including threats of abuse or retribution) you make toward another User our Clients, directors, officers, employees, contractors, or our third-party service providers to the authorities.7. ACCURACY OF CONTENT
We, and any other Persons involved in the management of the Site or WebApp, may make changes to the Content at any time and without notice. While we make commercially reasonable efforts to ensure that the Content is accurate, current, and free of typographical and other errors, occasionally some Content on our Site or WebApp may be inaccurate, incomplete, or may contain typographical or other errors (together “Errors”). We reserve the right, but we do not have an obligation to correct Errors or to change the Content, except as required by law. You should not take any updates to these Terms to indicate that such Errors have been corrected.8. PRIVACY NOTICE
We are committed to protect the privacy of your Account Record. You acknowledge and agree that your Use of the Site, the WebApp, and our Services and our collection, Use, and disclosure of your Account Record is governed by our Privacy Notice
. Our Privacy Notice
is hereby included by reference in these Terms. If there are inconsistencies between the Terms and the Privacy Notice, then these Terms will control.9. ACCESSIBILITY
We seek to make the Site and the WebApp accessible to all. If you have any problems Using the Site, the WebApp, or the Content please contact us at email@example.com
We operate the Site and the WebApp and offer Services from Ontario, Canada. OUR SERVICES ARE ONLY MADE AVAILABLE WHERE THEY CAN BE LEGALLY OFFERED FOR SALE AND WE DO NOT REPRESENT OR WARRANT THAT ANY CONTENT IS LEGAL FOR USE IN ANY OTHER LOCATIONS.
IF YOU USE THE SITE, WEBAPP OR SERVICES FROM ANOTHER LOCATION, YOU MUST COMPLY WITH ALL PROVINCIAL, STATE, OR FEDERAL LAWS APPLICABLE IN THE LOCATION FROM WHICH YOU ACCESS THEM.11. CASL AND CONSENT TO RECEIVE EMAIL
We comply with Canada’s Anti-Spam Legislation (“CASL
”) and the General Data Protection Regulation (“GDPR
”) applicable to Users located in the European Economic Area (EEA). We will ask for your explicit consent before we send you any marketing or promotional emails, newsletters, invitations to participate in surveys, or other reasons that are not central to the Purpose. You may provide your consent for such email communications in the Consent Center available in your Account dashboard, and you may withdraw your consent through the Consent Center, by using the “Unsubscribe” link available in any of our emails to you, or by contacting us at firstname.lastname@example.org
You acknowledge and agree that by opening an Account we may contact you by email without your explicit consent for any purpose directly related to our legal rights, our obligations, and our ability to provide our Services to you such as: (i) providing you with information you requested from us or information we must send to you; (ii) operational communications about your Account or your subscription to our Services; (iii) changes to our Site or WebApp, or changes to our Privacy Notice
, our Terms of Service
; (iv) any questions, reminders, notifications related to your Account or your use of your Account or addressing customer service issues and troubleshooting problems with your Account; (v) to notify and alert you about data breaches, and other fraud or security-related activities; and (vi) legal disclosures, communications about and arising from any manner of legal action; and any other reason notifications and alerts may be required by law.12. ACCESS AND RESTRICTIONS ON USE
a. Permitted Use
You may access and Use the Site, the WebApp, and the Content only for the Purpose, according with these Terms and any Additional Terms, and according to all applicable laws and regulations in the location from which you are Using them.b. Prohibited Uses
You acknowledge and agree that, if you engage in any of the following activities when Using the Site, the WebApp, the Content, or the Services, we have the right to terminate your Account and your subscription to the Services. Therefore, you agree that you:i. Will not adjust, circumvent, or remove or try to adjust, circumvent, or remove any Intellectual Property Rights notices on the Site, the WebApp, or the Content in whatever medium and as it initially appeared on the Site, WebApp, or Content, such as copyright notices and any digital rights or other security technology embedded in any Content;
ii. Will not Use the Site, the WebApp, the Content, or the Services or any Vitall API for any purpose and in any manner that is, explicitly or implicitly, prohibited by these Terms, that is inconsistent with our Privacy Notice
; will not post, display, distribute, upload, or expose Content that contravenes our Privacy Notice
or violates the privacy, Intellectual Property Rights, or contractual rights of any Person, or that facilitate or promote activities that contravene, or is otherwise prohibited by applicable law in the location from which you Use them; will not defame or disparage anyone associated with us, or make any obscene, derogatory or offensive comments about us, the Site, the WebApp, or the Content or any other User, so as to bring us or any third party into disrepute or to cause us to be liable to any third party; will not Use the Site and the WebApp, or the Content to promote or condone hate or violence on any grounds;
iii. Will not reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell, or otherwise provide to any third party or otherwise publish, deep-link, create derivative works from or exploit the Site, Web App, Services, or Content except as these Terms allow, or as permitted under laws of the jurisdiction in which you Use the Site, WebApp, Services or Content; will not use any methods or tools to access, scrape, crawl or spider any pages of the Site and WebApp, the Services or the Content or systematically collect, store, transmit, distribute, or retrieve data or other content from our Site, WebApp, Content, or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, in any way; will not transfer the Content or any part of it without our express written consent, which is not granted in these Terms or any Additional Terms.
iv. Will not damage, abuse, disable overburden, impair, or interfere with the security or the functioning of the Site, the WebApp, the Services or the Content such as by distributing viruses or malware of any kind or other similar harmful software code; or transmitting unsolicited commercial electronic messages, collecting;
v. will not sell, reproduce, modify or attempt to modify the Site, WebApp, or Content in any way, or reproduce, display, perform, distribute, or Use the Site, WebApp, or any Content in public or for any public or commercial activities; and will not copy any HTML or other programs that are available on the Site and the WebApp.
vi. Will not represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so with you in writing; and will not impersonate another Person or User, or otherwise misrepresent yourself or your affiliation with any Person; forge any TCP/IP packet header or any part of the header information in any email, or in any way Use the Site, Services, WebApp, Feedback, or Member Content to send altered, deceptive, false source-identifying information; or attempt to obtain unauthorized access to the Site, or WebApp or portions of either of them that are restricted from general access; open and Account using an e-mail address that you do not own; or submit any incomplete, false or inaccurate information, including without limitation incomplete, false or inaccurate biographical information during Onboarding;
vii. Will not Use, display, mirror, or frame the Site, WebApp, or the Content, or any part of them, Use our name or any of our trademarks, logs or other proprietary information, or the layout and design of any page or forms of the Site or WebApp without our express written consent;
viii. Will not access, tamper with, or Use non-public areas of the Site or WebApp; attempt to probe, scan, or test the vulnerability of any of our systems or networks, or to breach or attempt to breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure we use to protect the Site, WebApp, Services, or the Content.
ix. are solely responsible for all costs and expenses you may incur in relation to your engagement in any of the above activities.13. SUBMITTING INFORMATION TO US
You should not share through email, post on the public area of the Site, or in any Feedback, any material that contains Personally Information and Personal Health Information (both as defined in the Privacy Notice
).b. Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit (“Make Available
”) Member Content on the Site and the WebApp and you acknowledge and agree that you are solely responsible for all Member Content that you Make Available on the Site, WebApp.
Accordingly, you represent and warrant that (i) you either are the sole and exclusive owner of the Member Content or that you have all the licenses, consents, and releases necessary to Make it Available; and (ii) that the Member Content, your use of it, or your Making it Available, does not infringe, misappropriate or violate a third party's Intellectual Property Rights or any rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Member Content is not confidential information and we will not be liable for any Use and/or disclosure of such Member Content. If you post or upload any Member Content to the Site or the WebApp, you acknowledge and agree that, subject to our Privacy Notice
, we may Use such information as we see fit, including to reproduce, transmit, publish, and post it, on any medium anywhere in the world for free.You hereby grant to Vitall a world-wide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to Use, copy, adapt, modify, distribute, license, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit any Member Content Made Available on the Site or the WebApp and you hereby waive your Moral Rights in the Member Content.c. Feedback
We welcome and encourage your Feedback. You acknowledge and agree that all Feedback you give us is the sole and exclusive property of Vitall and you hereby irrevocably assign to Vitall all your right, title, and interest in and to the Feedback and all Intellectual Property Rights in it and hereby waive any moral rights you may have in the Feedback. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain our intellectual property rights and other legal protections for the Feedback.14. INTELLECTUAL PROPERTY RIGHTS AND LICENSES
Vitall Intelligence Inc., (or its licensors), own the right, title, and interest in and to Site, the WebApp, the Content, the Services and the Intellectual Property Rights in each of them.All trademarks, service marks, logos, trade names and any other proprietary designations of Vitall used in/on/with any Content on the Site or WebApp are common law or registered trademarks of Vitall. Any other trademarks, service marks, logos, trade names and any other proprietary designations used in/on/with any Content on the Site, WebApp are owned, or operated under license, by the respective third parties. Nothing in these Terms grants you any rights, title, or interest in the Site, the App, the Content, or the Services, other than as explicitly provided below.b. Licenses
Subject to these Terms, Vitall hereby grant you a non-exclusive, non-transferable, revocable, limited license to Use the Site and the WebApp, the Services, and the Content solely for the Purpose and your personal, non-commercial use. This license does not a transfer Vitall’s or its licensors’ right, title, and interest in the Site, the WebApp, the Servicers, or Content from Vitall or its licensors to you.15. ACCOUNTS
You can register for a Health Account, a Dependent Account, or a Caregiver Account to access the WebApp. To subscribe to the Services, you must register for a Health Account or a Dependent Account.You represent and warrant that you will provide accurate, current, and complete information and to update such information from time to time to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account and your subscription to the Services (as applicable) if any information you provided during registration and Onboarding or any time thereafter proves to be inaccurate, fraudulent, outdated, or incomplete.Identity Verification
For our protection, we reserve the right but do not have an obligation to verify your identity through background checks and other identity verification services at our sole discretion.Account Login credentials
Your Account login credentials will be created at registration. It is vital that you keep your login credential safe and not share them with anyone. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR SAFEGUARDING YOUR LOGIN CREDENTIALS AND ARE SOLELY RESPONSIBLE FOR ANY ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIONS. IF YOU SUSPECT THAT YOUR LOGIN CREDENTIALS MAY HAVE BEEN LOST, STOLEN, OR COMPROMISED, YOU MUST NOTIFY US IMMEDIATELY BY PHONE AT 800-400-0361 OR BY EMAIL AT CONTACT@VITALL.COM
Service subscription fee under an Account are payable either monthly or yearly beginning at Account activation and are payable at the beginning of the following applicable billing period after the activation date. If a Subscription is cancelled during a pay period, the cancellation shall take effect at the next billing period for a monthly account. Refunds for yearly subscription cancelled during the billing period will be refunded for the number of full months remaining in that billing period. All one-time fees or setup fees are non-refundable.If a membership is cancelled within six months of registration, the member will be charged $150 per smart device received.Account Suspension, Deactivation, or Termination
We may, at our discretion, with or without prior notice to you, and at any time, limit, suspend, deactivate or cancel your Account if we determine or suspect that you have engaged in a Prohibited Act, violated any other provisions of these Terms, or failed to pay an overdue invoice within 30 days of receiving our notice that your account is in arrears. You may cancel your Account or a subscription for Services at any time via the "Delete Account" feature in the WebApp dashboard or or by sending us an email. Upon cancellation of an Account or a subscription for Services, your Account Record will be subject to our data retention and destruction policies outlined in our Privacy Notice
.16. HYPERLINKS AND THIRD-PARTY SITE AND THE WEBAPP
The Site and the WebApp may contain hyperlinks or references to third-party websites that we provide for your convenience only, and do not constitute our endorsement of those sites, their operators, or any products or services that may be sold on those sites. If we are associated with any third-parties which we hyperlink on our Site or WebApp we will so state.If you click on a link to a third-party site you will leave this Site or the WebApp and you will be subject to the terms and conditions of those sites. We have no control over these third-party websites and we accept no responsibility for any content, material or information on them, or for your use or reliance on any of it.17. THIRD-PARTY PAYMENT PROCESSORS
We do not collect or store your payment information. We use Stripe to automatically debit your subscription fee until you cancel your subscription to the Services. All transactions are subject to Stripe’s Service Agreement
. We will take steps to rectify any payment processing errors that are brought to our attention. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payment. Our Privacy Notice
addresses the data security measures commonly employed by payment processors.18. FOR USERS AND CUSTOMERS LOCATED IN THE EUROPEAN ECONOMIC AREA (EEA)
. In this section, the following terms have the following meaning:
a) “Data Protection Legislation
” means European Directives 95/46/EC and 2002/58/EC, and any legislation and/or regulation implementing or made under them, or which amends or replaces any of them (including the General Data Protection Regulation, Regulation (EU) 2016/679);
b) “Data Processor
”, “Data Subject
”, and “Subprocessor
” shall have the meaning ascribed to them in the Data Protection Legislation;
c) “Personal Data
” as used in this section means information relating to an identifiable or identified Data Subject who visits or engages in transactions through our Site and WebApp (a “Client
”), which we process as a Data Processor while providing you our Services. Notwithstanding the foregoing sentence, Personal Data does not include information we process as part of our Services that we provide directly to a Client;
d) “Data Concerning Health
” means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status; and(d) All other capitalized terms in this Section shall have the same definition as in these Terms.When we Process Personal Data and Data Concerning Health while providing the Services, we:a) Are Processing such data as a Data Processor on your behalf only to provide Services;b) Will notify you, unless prohibited by law to do so, when we need to Process Personal Data or Data Concerning Health for any other purpose;c) Will notify you promptly, to the extent permitted by law, if we receive an inquiry or complaint from a Data Subject or Supervisory Authority about or Processing of your Personal Data or Data Concerning Health;You acknowledge and agree that while offering the Site and the WebApp and providing our Services, we may use Subprocessors in the United States to process your Personal Data or Data Concerning Health. Our Sub-processor must comply with the terms of any Data Collection and Sharing Agreement we have with them or have self-certified
for compliance with the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield Framework.
Additional details about our Personal Data or Data Concerning Health handling practices are available in or Privacy Notice
WE PROVIDE THE SITE, WEBAPP, ACCOUNTS, CONTENTS, AND SERVICES ‘AS IS’ AND ‘AS AVAILABLE’. WE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS THAT THE SITE, WEBAPP, SERVICES, ACCOUNTS, AND CONTENT WILL BE OF SATISFACTORY OR MERCHANTABLE QUALITY; FIT FOR ANY PARTICULAR PURPOSE; NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; FUNCTION OR BE AVAILABLE UNINTERRUPTED, SECURE, ERROR-FREE, ACCURATE, CURRENT, OR COMPLETE; OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, OR THE COURSE OF USAGE OR TRADE.20. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, WEBAPP, ACCOUNT, SERVICES, AND CONTENT REMAINS WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, WEBAPP, ACCOUNT, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CAREGIVERS AND ANY PERSONS TO WHOM YOU MAY PROVIDE TEMPORARY ACCESS TO YOUR RECORDS AND YOU AGREE TO TAKE REASONABLE PRECAUTIONS TO PROTECT YOUR ACCOUNT INFORMATION IN ALL SUCH REGARDS.IF YOU ARE DISSATISFIED WITH THE SITE, WEBAPP, YOUR ACCOUNT, SERVICES, THE CONTENT, THESE TERMS, OR ANY ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE, WEBAPP, CONTENT, ACCOUNT, AND SERVICES.WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR OTHER DAMAGES, HOWEVER THEY ARISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR INCONVENIENCE, HARM TO BUSINESS OR PERSONS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAS, OR OTHER DATA ON YOUR DEVICE ARISING, DIRECTLY OR INDIRECTLY
FROM (1) YOUR USE OF, OR THE INABILITY TO USE YOUR ACCOUNT, THE SITE, THE WEBAPP, THE SERVICES, OR THE CONTENT, FOR ANY REASON; (2) YOUR USE OR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, OR SERVICES ON ANY LINKED SITES, (3) THE ACTS OR OMISSIONS OF ANY THIRD-PARTY, INCLUDING OUR SERVICE PROVIDERS, (4) YOUR COMMUNICATIONS OR INTERACTIONS WITH ANY OTHER USERS OF THE SITE, WEBAPP, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, WEBAPP, SERVICES, INCLUDING ANY PERSONS TO WHOM YOU MAY GRANT TEMPORARY ACCESS TO YOUR HEALTH RECORDS, OR (5) ANY ERRORS OR OMISSIONS IN THE CONTENT, THE SITE, THE WEBAPP, OR YOUR ACCOUNT; (6) OUR OR YOUR TRANSMISSION OF CONFIDENTIAL INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, PERSONAL HEALTH INFORMATION, PERSONAL DATA, DATA CONCERNING HEALTH, OR OTHER SENSITIVE INFORMATION THOUGH THE INTERNET, INCLUDING BY EMAIL, TO OR FROM THE SITE, THE WEBAPP, OR YOUR ACCOUNT; ALL WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY OF LIABILITY, AND WHETHER OR NOT WE HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN THAT REGARD.IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOREGOING EXCEED THE TOTAL SUBSCRIPTION AMOUNT YOU PAID OVER THE PAST 12 MONTHS.21. INDEMNIFICATION
You agree to release, defend, indemnify, and hold us and our Affiliates and subsidiaries, and our and their respective officers, directors, employees, contractors, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, made by a third party and arising, directly or indirectly, from (a) your Use or reliance on the Site, WebApp, Services, Account, or Content, (b) your breach of these Terms, and any Additional Terms, or the Privacy Notice; (c) your Member Content; (d) your violation of any rights of a third-party, (e) your use, reliance on, or engagement of any kind with any of our service providers and (f) your use or reliance upon any sites linked on the Site or WebApp, or your commercial or other relationship with the operators of those sites and any contract for products or services of those parties that you may have entered. 22. DISPUTE RESOLUTION
You and we agree to settle any dispute, claim, or controversy arising directly or indirectly from the enforcement, interpretation, validity, breach, and termination of these Terms, any Additional Terms, or the Privacy Notice (collectively, "Disputes
") though good faith negotiations after providing to the other a written Notice of Dispute. If we cannot find a resolution within 21 business days from the Notice of Dispute, then the Dispute will be settled by binding arbitration, except that we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our Intellectual Property Rights.
YOU AND WE MUST FILE A NOTICE OF DISPUTE FOR ARBITRATION (EXCEPT INTELLECTUAL PROPERTY DISPUTES) WITHIN ONE YEAR FROM THE DATE WHEN THE MATTER AT ISSUE FIRST AROSE, OTHERWISE NEITHER OF US WILL ABLE TO INITIATE ARBITRATION OR SEEK LEGAL RECOURSE FOR THAT MATTER.If you are located in Canada
Any Dispute shall be determined by arbitration administered by the International Centre for Dispute Resolution (ICDR) Canada in accordance with its Canadian Arbitration Rules (the “Rules
”). The arbitration shall be conducted in Ontario Canada, in the English language, by a single arbitrator appointed under the Rules. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. The arbitration will include a written confidential record of the arbitrator’s findings, which shall be final. An award of arbitration may be entered in a court of competent jurisdiction.If you are located outside Canada
Any Dispute shall be determined by arbitration administered by the International Centre for Dispute Resolution (ICDR) in accordance with its International Arbitration Rules (the “Rules
”). The arbitration shall be conducted in Ontario Canada, in the English language, by a single arbitrator appointed under the Rules. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. The arbitration will include a written confidential record of the arbitrator’s findings, which shall be final. An award of arbitration may be entered in a court of competent jurisdiction.This section will survive any termination of your Account or your subscription to Services.23. WAIVER OF JURY TRIAL AND CLASS ACTIONS SUITES
You acknowledge and agree that, subject to the Dispute Resolution provision, you and we each hereby waive our respective rights to a trial by jury and your waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding against us. This section will survive any termination of your Account or your subscription to Services.24. CHANGES TO THESE TERMS
We may make some changes or updates to these Terms from time to time without notifying you. A log of such changes will appear in the Change Log on the last page of these Terms. The changes will come into effect on the day they are made. It is your responsibility to check these Terms and the Change Log from time to time.
If we make significant changes to these Terms or replace them completely, we will post a notification banner on the Site and in the WebApp to alert you to the changes and the date on which they will come into effect. We may, but is not required to, also notify you by e-mail about such significant changes to these Terms. WHEN YOU USE OR ACCESS THE SITE AND THE WEBAPP, YOU ARE BOUND TO THE TERMS IN EFFECT ON THE DATE OF YOUR VISIT.
These Terms, any applicable Additional Terms, the Privacy Notice
, and any other documents incorporated by reference in these Terms, contain the entire understanding and agreement between us and you in relation to your Use of the Site, the WebApp, Content and the subscription to and Use of the Services, and supersede any prior agreements between you and us, including, but not limited to, any prior versions of these Terms.
We are not liable to you for our breach of these Terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs, and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident, cyber or terrorist attacks.
If any part of these Terms is found void and unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be severed from these Terms, then the rest of these Terms will remain valid and enforceable.
If we choose not to enforce any right that we have against you at any time, this does not prevent us from later exercising or enforcing that right.
You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other Person without our prior written consent, which we may give or withhold, at our sole discretion. We may assign these Terms without notice to you or consent from you.
These Terms shall be governed by and interpreted under the laws of the Province of Ontario and the laws of Canada applicable in Ontario, without regard to principles of conflicts of laws that may impose the laws of another jurisdiction.
Subject to the Dispute Resolution provisions, you and we irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario regarding any dispute or claim that may arise from or in connection with these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is excluded.
These Terms will be binding upon and inure to your and our benefit and to the benefit of your or our respective heirs, successors, permitted assigns and legal representatives, as applicable.
Any provisions of these Terms that require or contemplate performance after termination and by their nature must survive the termination of your Account or your subscription for Services, will so survive such termination.
If you have any questions about these Terms should please contact us at email@example.com
These Terms are in effect as of August 27, 2019.
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EFFECTIVE DATE This Privacy Notice is effective as of August 27, 2019.
BY INTERACTING WITH THE WEBSITE WWW.VITALL.COM (THE “SITE”) AND/OR THE WEB APPLICATION AT APP.VITALL.COM (THE “WEBAPP”) , EITHER AS A VISITOR OR AS A USER, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY NOTICE AND TO OUR TERMS AND CONDITIONS.
This Privacy Notice applies to PII and Personal Health Information that Vitall Intelligence Inc. (“Vitall”), located at 2 Campbell Drive, Suite 706 Uxbridge Ontario L9P1H6 Canada, collects through its Site and its WebApp in providing its Services.
Below are highlights of our PII and Personal Health Information handling practices.
Privacy Notice Highlights
The terms "we", "our" and "us" mean Vitall and the terms “you” and “your” mean the visitors or users Site and the users of the WebApp.
Capitalized words in these Privacy Notice Highlights are defined in the Detailed Privacy Notice.
1. Information We Collect
We collect your Personally Identifiable Information (“PII”) and Personal Health Information (“PHI”) from the following sources:
- information you give us when you contact us through the Contact Us Page, open an Account or subscribe for Services, when you submit customer service inquiries, or when you submit customer feedback or reviews;
- information we collect automatically when you visit our Site and WebApp, such as information about your browser settings, operating system, and other information collected through cookies;
- the information you provide to us during your Account setup; and
- medical information that our service providers collect on our behalf with your consent from your health records or your fitness apps;
2. How We Use and Disclose Your Information
- We use your PII and PHI that we or our service providers collect from you to provide the Services on our WebApp and to manage our business operations, such as to authenticate you when you sign into your Account, to prevent loss of data and fraud, process your subscription payment, and to monitor and improve the performance of our Site and WebApp;
- We and our service providers may combine or aggregate your de-identified and pseudonymized PII and PHI, so that it will be unlikely to re-identify you from it, to monitor trends and provide and improve our respective products and services;
- We may share or transfer your PII and PHI that we or our service providers collect from you to our service providers or Affiliates who may be outside of the country from which you access or Services under a Data Collection and Sharing Agreement, but that information and may be subject to privacy laws that different from those of the country from which you access our Services.
- We may also disclose your PII and/or PHI if a court order requires us to do so.
- With your consent, we may use your PII to contact you for marketing, promotional, or other purposes.
3. Your Choices and Consent
- You can change your communication preferences for marketing and advertising e-mails, participation in surveys, and to provide or withdraw consent for specific requests we or our service providers may make to collect and use your PII and PHI in the Consent Center in your Account.
- You may withdraw your consent from our further use of your PII or PHI and you may close your Account. In that event, we may use your PII and PHI for the purposes to which you consented before you withdrew consent and we may keep information about you and your previous transactions with us for audit purposes, to ensure the integrity of our data, and to fulfill legal requirements.
- If your consent to one of our service provider’s collection or use of your PII or PHI that they will share with us, you will be bound by their privacy policies and terms of service/use.
4. How to Contact Us
If you have a privacy question or concern, please contact us at: firstname.lastname@example.org.
Please review our Detailed Privacy Notice for more information about our practices.
DETAILED PRIVACY NOTICE:
- LIMITING COLLECTION: WHAT INFORMATION DO WE COLLECT?
- LIMITING USE: HOW DO WE USE YOUR PERSONAL INFORMATION?
- DISCLOSURE: WHEN DO WE DISCLOSE YOUR PII AND PHI TO OTHERS?
- SAFEGUARDS: HOW DO WE PROTECT YOUR PERSONAL INFORMATION?
- DATA BREACH
- DATA RETENTION: HOW LONG DO WE KEEP YOUR PII AND PHI?
- DATA STORAGE AND TRANSFER
- RESIDENTS OF THE EUROPEAN ECONOMIC AREA (“EEA”)
- AGE AND CONSENT
- THIRD-PARTY SERVICES AND LINKS
- ACCURACY: HOW DO YOU MODIFY YOUR INFORMATION?
- ACCESS: RIGHT TO YOUR DATA
- ACCOUNT CLOSURE: DATA DELETION
- CHALLENGE COMPLIANCE
- CHANGES TO THIS PRIVACY NOTICE
The website www.vitall.com (the “Site”) and the Web Application app.vitall.com (“WebApp”) are owned by Vitall Intelliegnce Inc. (“Vitall”).
Vitall empowers individuals to engage in their health journey and enhance their medical emergency readiness by securely acquiring their health records from their current and former healthcare providers, make their records available through our WebApp, and allow them to grant access to their records, at their discretion, to their caregivers and the healthcare professionals involved in their care (the “Services”).
As used in this Policy Notice capitalized terms not otherwise defined here have the meaning assigned to them in the Terms and Conditions, otherwise the following terms have the following meaning:
“Data Concerning Health” means, as related to a person in the European Union, personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status.
“Personal Data” means, as related to a person in the European Union, any information which is related to an identified or identifiable natural person.
“Personally-Identifiable Information” or “PII” means information that identifies you or could be combined by us or our service providers and Affiliates with other information to identify you. This information includes your personal date of birth, birth certificate information, social insurance number, social security number, the number of any government issued identification, medical record number, health card number, e-mail address, home mailing address, home telephone number, personal cellphone number, your internet provider (IP) address and other similar information when associated with you. PII may also include information about how you have used our Site and the WebApp, if we can associate that PII with you. If you interact with our Site or our WebApp on behalf of a business, PII does not include your title, your business e-mail and mailing address, or your business telephone number when we use that information to contact you in your business capacity. For EU residents, your business contact information is considered “Personal Data”. Reference in this Notice to PII shall include Personal Data, where applicable.
“Personal Health Information” or “PHI” means information about you, while living or deceased, that relates to: your physical or mental health; any health or medical services you received; your medical examinations, tests, and surgeries; whether you donated any organs or fluids; and information collected in the course of, or related to, providing health services to you. PHI may be found in your medical records, treatment and examination notes, and communications between you and your healthcare providers. Reference in this Notice to PHI shall include Personal Data, where applicable.
"we", "us" or "our" means Vitall Intelligence Inc. (“Vitall”) and any of our Affiliates. "you" or "your" means an individual Using the Site, the WebApp, or the Content as a visitor, a prospective or current Client, a Caregiver, and any Person who has been granted temporary access health records under an Account.
This Privacy Notice helps our visitors to our Site and Users of the Web App and our Services to better understand how we collect, use and store your PII and PHI.
We take the privacy of your PII and PHI seriously and are committed to safeguarding it. We developed and implemented policies, practices, and procedures to protect PII and PHI and we train our staff in our PII and PHI handling practices.
We commit not to rent or sell any of your PII or PHI we collect directly from you or as part of our Services. We and our service providers comply with privacy legislation including the Personal Information Protection and Electronic Documents Act (“PIPEDA”), the Personal Health Information Protection Act (Ontario) (“PHIPA”), the Health Insurance Portability and Accountability Act (“HIPAA”) and the European Union’s General Data Protection Regulation (“GDPR”), as applicable.
We have appointed a Chief Privacy Officer accountable for our PII and PHI handling practices. If you have a question or complaint about our information handling practices, please contact us at privacy@ vitall.com.
4. Limiting Collection: What Information Do We Collect?
The ways we collect PII and PHI can be broadly categorized into:
Information you provide to us directly: When you visit or use parts of our Site, the WebApp or our Services, we might ask you to provide PII to us. For example, we may ask for your name and email address on our Contact Us page so we can reply to a message you post there. We may also receive your contact information when you contact us directly at the contact email provided on the Site.
We collect your PII and PHI when you open an Account and Onboard to subscribe to our Services. For example, we will collect identification and contact information, such as your name, mailing address, date of birth, your health insurance number, and demographic information to be able to properly identify you, to contact you, to process a credit card payment for your subscription to our Services, and to collect PHI from your health records. We will also collect PII and PHI at Onboarding, such as your medical conditions, treatment information, surgeries, allergies, blood type, and your family doctor’s contact information.
If you do not wish to provide us with all or some of the PII or PHI required to open an Account and to receive the Services you do not have to, but it might mean you cannot use parts of our Site, WebApp, or receive our Services.
Information from other Sources: We may receive PII and PHI about you from other sources. For example, we will receive PII from credit card processors regarding whether the credit card details you entered have been accepted or declined. We also receive PHI from the service providers we engage to collect, with your consent, your medical records and fitness application information from your current and former healthcare providers and the fitness applications that you designate so that we can provide our Services to you.
5. Limiting Use: How Do We Use Your Personal Information?
We collect and use PII, PHI and non-personal information for the following purposes:
b) To provide Services. We use your PII and PHI to provide the Services and to manage our business operations such as to register your Account, to authenticate you when you log into your Account, to deliver the Services, and to protect the security or integrity of our Site, the WebApp, the Content, our Services, and our business.
c) To improve our Site, WebApp, and Services and develop new ones: We monitor how you use the Site, the WebApp, and the Services so we can improve our offerings, user experience, and design new features.
d) To detect and prevent any fraudulent or malicious activity and to make sure that our Site, WebApp, Content, and Services re used fairly and according to our Terms of Service.
e) With your consent, to send you targeted advertisement such as general or personalized notices and promotional messages, or to send news about us;
f) With your consent, to use aggregated de-identified and pseudonymized PII and PHI and non-Personal Information, which we or our business partners may use to monitor trends, to improve our respective products and services;
g) To comply with any laws and regulations.
6. Disclosure: When Do We Disclose Your PII and PHI to Others?
With your consent, our service providers collect and store your PHI and the required PII to access your PHI from your health records held by your current and former healthcare providers, so we can provide you the Services.
We may share your PII and PHI with our service providers and our Affiliates that help us with our business operations. If you consented to receive marketing and promotional emails from us, we may share select PII with service providers who provide us with marketing and promotional services. We enter into Data Collection and Sharing Agreements with our service providers and Affiliates that impose standards for data protection and confidentiality, and prohibit disclosure or use of your information for any other purpose than the one for which we engaged them.
We may share with selected third-parties certain demographic and contact information about you, including name, date of birth and any email addresses or phone numbers to verify your identity.
Through your Account, you may grant temporary access to your health records to the healthcare professionals involved in managing your care such as physicians, specialists, pharmacists, nutritionists or physical therapists.
We may share your PII or PHI, as applicable, without your explicit consent or notice to you:
- To collect a debt from you or to prevent or investigate fraudulent or illegal activity on your Account.
- To comply with an order, subpoena, warrant or other legal requirement issued by a court, tribunal, regulator or government body with competent jurisdiction to compel disclosure of your PII or PHI, including to meet national security or law enforcement requirements, to prevent, investigate, or take action against illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, this Privacy Notice, or as otherwise required by law.
- To establish or defend our legal rights. Where possible and appropriate, we will notify you.
- To an actual or potential buyer of Vitall (and its agents and advisers) in connection with an actual or proposed purchase, merger or acquisition of any part of our business. In such case, your PII and PHI will be protected by security safeguards appropriate for the sensitivity of the information.
- To other companies who assist us to process your payment for your Service subscription or any service providers on whom we rely to conduct our business with you.
- To protect the security of the Site, and WebApp, the Services, or the security of your Account.
We are responsible for all onward transfers of Personal Data and Data Concerning Health of any EU clients to third parties and we make such transfers under Data Collection and Sharing Agreements or by relying on their self-certification under the EU-U.S. Privacy Shield Framework, and the Swiss-U.S. Privacy Shield Framework.
7. Safeguards: How Do We Protect Your Personal Information?
We take administrative, technical and physical measures to safeguard your PII and PHI against unauthorized access, unauthorized disclosure, theft and misuse.
Although we cannot guarantee that unauthorized access, hacking, data loss or breaches of our security systems will never occur, we try to minimize these risks by: (1) active monitoring: monitoring access to your PII and PHI through activity logs and regular audits to ensure that no unauthorized access attempts have been made, (2) secure storage: we store your PII and PHI over which we have custody and control in Canada in data centers that are ISO 27001 certified and adhere to global privacy and data protection best practices, (3) network security: we implemented controls to protect against unauthorized access, including segregating our internal systems from our publicly-accessible systems, (4) end-to-end encryption: we encrypt all data transmissions and communications on the Site, WebApp, and our Services from end-to-end using industry-standard transport layer security (“TLS”) or secure socket layer (“SSL”) encryption technology, and (5) training: we implemented policies, procedures that address and train our staff on the handling of PII and PHI. All our staff members and contractors are legally bound to confidentiality.
We do not store your credit card information. Payments are handled by Stripe, a reputable direct payment gateway provider. The data they collect is encrypted according to the Payment Card Industry Data Security Standard (PCI-DSS) and implement additional generally accepted industry standards.
We expect our Affiliates and service providers to protect your PII and PHI that they collect from you directly or that we shared with them, as provided in the Data Collection and Sharing Agreements we have with them.
8. Data Breach
We take precautions against breaches of our security systems, but your acknowledge and agree that no company can eliminate the risks of unauthorized access to your PII and PHI and no transmission over the internet is 100% secure. Therefore, you provide your PII and PHI it to us and our service providers at your own risk.
Despite our rigorous precautions against data breaches, the risk of a breach remains. We have a well-developed data breach procedure and if a breach of your PII or PHI in our custody or control occurs we will comply with the stringent breach notification requirements of the Personal Information Protection and Electronic Documents Act (PIPEDA).
IF A BREACH OF YOUR PII OR PHI THAT IS IN THE CUSTODY OR CONTROL OF ONE OF OUR SERVICE PROVIDERS TO WHOM YOU PROVIDED CONSENT TO COLLECT THAT INFORMATION, THEN THAT SERVICE PROVIDER’S BREACH POLICIES APPLY.
9. Data Retention: How Long Do We Keep your PII and PHI?
We keep your PII and PHI that is in our custody and control if we have a legal or legitimate business need to keep it, for example, to provide you the Services to which you subscribe or to comply with information retention requirements in Ontario or Canada.
Once our relationship ends, we generally will continue to store archived copies of your PII and PHI in our custody and control for legitimate business purposes, such as to defend a contractual claim, for audit, and to comply with the law. We maintain a records retention and destruction policy to destroy information when we no longer have a business need for it and are not required by law to keep it.
PII and PHI collected with your consent by our service providers that is under their custody and control is subject to the their data destruction policies and the data retention laws applicable in that provider’s jurisdiction.
PII collected by our direct payment gateway provider to process a transaction on the WebApp is stored only as long as it is necessary to complete your transaction, then it is deleted. We do not collect or store any information related to your payment transactions.
We and our service providers may continue to store and use aggregated de-identified PII and PHI to improve our respective products and services.
10. Data Storage And Transfer
The PII and PHI we or our service providers collect from our Canadian clients will be stored in Canada by default, however their PII and PHI may be used or stored by our service providers outside of Canada.
The PII and PHI that our service providers collect from our American clients will be stored in the United States by default, but will be transferred to us and will be stored, along with the PII and PHI we collect from them in Canada during Onboarding and as otherwise provided in this Privacy Notice, and we and our service providers may use it in Canada and the United States.
The PII and PHI we or our service providers collect from our European clients will be stored in the European Union by default, but will be transferred to us and will be stored and used along with PII and PHI we collect from them in Canada during Onboarding and as otherwise provided in this Privacy Notice, and our service providers may use it and store it in the United States.
We enter into Data Collection and Sharing Agreements with our service providers that require them, among other things, to safeguard your PII and PHI. However, if your PII and PHI is used or stored outside your home country, these data will be subject to the laws of the country in which they are used or stored, which may differ from and be less protective of PII than the privacy laws of your country.
11. Residents of the European Economic Area (“EEA”)
If you (a “Data Subject”) are located in the EEA, the Personal Data and Data Concerning Health you provide to us in Canada may be transferred to other regions, including to the United States. To ensure that your Personal Data and Data Concerning Health is protected when transferred out of the EEA, we rely on Canada’s PIPEDA requirements, which are deemed equivalent to those of the GDPR. If we, or our service providers, transfer your Personal Data and Data Concerning Health to service providers in the United States, we do so under a Data Collection and Sharing Agreement or pursuant to their self-certified compliance with the EU-U.S. Privacy Shield Framework, regarding the collection, use, and retention of Personal Data and Data Concerning Health from data subjects in the EEA, and with the Swiss-U.S. Privacy Shield Framework regarding the collection, use and retention of Personal Information from data subjects in Switzerland.
Additionally, if you are in the EEA, we note we are generally processing your information to fulfill contracts we might have with you (for example to prove you our Services), or otherwise to pursue our legitimate business interests as outlined in Section 6, unless we are required by law to obtain your consent for a particular processing operation. When we process your Personal Data and Data Concerning Health to pursue these legitimate interests, we do so where the nature of the processing, the information being processed, and the technical and organisational measures employed to protect that information can help mitigate the risks to you, the Data Subject.
If you are in the EEA or in Switzerland and believe that your Personal Data has been used contrary to this Privacy Notice, please contact us using the information in Section 17.
If your complaint or dispute is about the use of your Personal Data and Data Concerning Health by one of our service providers in the United States, you may also contact the International Centre for Dispute Resolution. This organization provides independent dispute resolution services, at no charge to you. ICDR can be contacted at go.adr.org/privacyshield.html
If, after attempting to resolve a dispute through ICDR, you feel that your concerns about the handling practices of your Personal Data and Data Concerning Health by a service provider in the United States have not been resolved, please visit www.privacyshield.gov.
12. Age and Consent
Only individuals 18 years of age or older may subscribe to our Services and access the WebApp.
A parent or a legal guardian of individuals under the age of 18 may register for an account on behalf of a minor.
When you provide PII or PHI to open and Account and Onboard, or to provide PII to complete a transaction by credit card, you consent to our collecting your PII and PHI required to complete these activities only.
When you register your Account, you can provide your consent to receive marketing and promotional e-mails and to consent to our use of your PII and PHI in our custody and control (in aggregated and de-identified form) for Service improvement purposes, or other outlined purposes.
YOU CAN WITHDRAW CONSENT FOR OUR USE OF YOUR PII OR PHI IN FUTURE USES WITHIN THE SCOPE OF YOUR CONSENT BUT YOU CANNOT WITHDRAW YOUR CONSENT FOR OUR USE OF YOUR PII OR PHI FOR USES THAT BEGAN BEFORE THE DATE ON WHICH YOU WITHDREW YOUR CONSENT. YOU WILL ALSO NOT BE ABLE TO WITHDRAW YOUR CONSENT WHERE OUR USE OR DISCLOSURE OF YOUR PII OR PHI IS AUTHORIZED OR REQUIRED BY LAW.
Our service providers whom you consented to collect and store your PII and PHI may use your information according to their respective privacy policies and terms service /use. If you wish to withdraw your consent from these entities, you must follow their consent withdrawal procedures. We will assist you in that process.
Please contact visit the Consent Center or contact us at email@example.com if you wish to withdraw your consent for our use of your PII and/or PHI.
13. Third-Party Services and Links
You may access third-party websites through links available on our Site or the WebApp. These links are provided for convenience only. Once you leave our Site or WebApp or are redirected to a third-party website or application, you are no longer governed by this Privacy Notice or our Terms of Service.
We have no control over those third-party websites and you access them at your own risk. We recommend that you read the privacy policies of these third-party providers so you can understand how they handle your PII and PHI.
You acknowledge that these links may lead you to third-parties that may operate in a different jurisdiction than either yours or ours. If you provide your PII or PHI to these entities then your information may become subject to the laws of the jurisdiction(s) in which that site operates or where its facilities are located.
14. Accuracy: How Do You Modify Your Information?
We want to ensure that the PII and the PHI we collect from you and that is in our custody and control is accurate, complete, and up-to-date for the purpose for which it is to be used and will destroy any information that is out-of-date or that is no longer required for the purpose for which it was collected, unless we must keep it to comply with Ontario or Canadian law.
Our service providers who collected your PII and PHI with your consent have their own policies about data accuracy, retention, and destruction.
We use reasonable means to ensure that information in your Account record is accurate. You may update certain PII directly in your Account and you may also request access to your Account Record.
If you have questions or identify any errors in your Account Record, please contact us at firstname.lastname@example.org. We will strive to address any correction requests promptly. If we dispute a correction request, we will log the reason for the disagreement.
15. Access: Right to your data
You may access your Account Record and port the information from us to another entity. If you request a copy of your Account Record, we will provide it to you at no charge. You can request access to your Account record by contacting us at email@example.com.
Before we grant you access to your Account records we will first authenticate you to confirm your identity. We will handle all access requests promptly, subject to applicable privacy laws. We will provide you the legends for any special codes, acronyms or other similar information in the disclosed material, so your right of access is meaningful.
16. Account Closure: Data Deletion
EU residents have the right, in certain circumstances, to have your Personal Data erased (the "Right to be Forgotten”). Non-EU residents may also elect to exercise the Right to be Forgotten.
To close your Account or to request that the PII, PHI, or Personal Data, as applicable, we have about you be deleted, please email us at to firstname.lastname@example.org. Once we receive your request and authenticate your identity we will remove your Account from active use. If you do not re-activate your Account within 12 months, we will delete your Account Record, but we will keep some PII as described in Section 9. If you wish to delete your Account Record immediately, but subject to Section 9, indicate so in your email to us.
17. Challenge Compliance
If you believe that we have not adhered to this Privacy Notice you may challenge our compliance with this Privacy Notice and our compliance with privacy laws applicable to it.
Please notify our Chief Privacy Officer of your complaint by emailing at email@example.com.
You can also reach us at:
Vitall Intelligence Inc.
2 Campbell Drive, Suite 706
Uxbridge, Ontario, L9P1H6
We pledge to address your complaint promptly. If we cannot resolve your complaint to your satisfaction you can file a complaint with the Office of the Privacy Commissioner of Canada or the Office of the Privacy Commissioner of Ontario.
If you are unhappy with the response you receive from us, we hope you would contact us to resolve the issue, but you may also lodge a complaint with the data protection authority in your home country. They can advise you how to submit a complaint.
18. Changes to This Privacy Notice
We may change or update this Privacy Notice from time to time. All changes and updates are logged in the CHANGE LOG section below.
When our Privacy Notice changes, the Site and the WebApp will display a notice prompting you to review the changes.
If we make changes to this Privacy Notice, then in addition to displaying a notice on the Site and the WebApp prompting you to review the changes, we may also notify you by email at the email address associated with your Account.
The changes to the Privacy Notice will take effect on the date on which they were made or on the date provided in the notice.
By continuing to use the Site, the WebApp, or the Services after you receive the notice you implicitly consent to be bound by the Privacy Notice terms in effect on that date on which you visit the Site, the WebApp.
LAST UPDATED on August 27, 2019.
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