Although the Services may not include specific transactions to which PHIPA and/or PIPEDA may apply, we have nonetheless decided to operate in compliance with PHIPA and/or PIPEDA, as required, and ensure that any Providers using the Site also do so as well.
Personal “Identification” Information
We may ask you for your personal identification information, including but not limited to your name, e-mail address, mailing address, phone number, social insurance number, all of which is defined as “Personal Information”, when you visit the Site, register on the Site, fill out a form, and/or utilize the Services, activities, features, activities, or resources we make available on the Site. We will collect your Personal Information only if you voluntarily submit such information to us. You can always refuse to supply Personal Information, except that it may prevent you from engaging in certain Site-related activities, including but not limited to requesting, receiving and/or providing Services.
Personal Healthcare Information
In order for Physician Providers and/or Healthcare Providers to provide medical/Healthcare Services to you, and for WelChek to facilitate same, you may be required to provide us with a past and current medical/Healthcare history (including social history and family history), medical/Healthcare information, medical/Health records, reports, diagnostic test results, imaging, other relevant medical/Health information and/or documentation and your Provincial Health Card number, all of which is defined as “Personal Health Information”.
Non-Personal Identification Information – IP Address and Web Cookies
We may also collect non-personal identification information about Users, Clients and/or Providers, whenever they interact with our Site. Non-personal identification information may include your browser name, type of computer, and technical information about your means of connecting to our Site, such as the operating system, the Internet service provider utilized, the URL that you visited before you came to our Site, the URL to which you next go and your Internet Protocol (“IP”) address.
We use your IP address to help diagnose problems with our server and to administer our Site. Your IP address also is used to help identify you and to gather broad demographic information. We retain IP addresses along with personally identifying information.
In addition to the Personal Information and/or Personal Healthcare Information collected on the Site, we may collect, use and disclose location information from your use of the Site, to determine your location.
How we Use Collected Information
WelChek may collect, use and disclose Personal Information, Personal Healthcare Information and/or Non-Personal Identification Information for any or all of the following reasons:
To facilitate you as a User or Client with access to Services – We may request your Personal Information and/or Personal Health Information that is necessary for us to facilitate you with access to Services;
To facilitate you as a Provider to provide Services to Users/Clients;
To communicate with Providers, including Physician Providers and Healthcare Providers, who have agreed to provide Services;
To Provide Physician Providers and Healthcare Providers, who have agreed to provide Services, with medical and Healthcare care information required to perform such Services;
To process and/or collect payments related to Services, including processing billing to OHIP for medical Services provided by Physician Providers;
For marketing purposes;
To improve customer service – Information you provide helps us respond to your customer service requests and support needs more efficiently;
To administer the Site and the business of WelChek;
To improve our Site – We may use feedback you provide to improve our products and Services;
We may use information concerning your use of the Site and Services to monitor usage patterns in order to improve our Site and the access to Services; and in a manner permissible by law – PIPEDA and/or PHIPA.
We also have in place appropriate data collection, storage and processing practices, and security measures to protect against unauthorized access, alteration, disclosure, or destruction of your Personal Information, Personal Healthcare Information and/or Non-Personal Identification Information, username, password, transaction information, and data stored on our Site.
Sensitive and private data exchange between you and the Site occurs using a Secure Sockets Layer (SSL) technology or other similar encryption technology protected with digital signatures.
While we undertake to protect Personal Information and/or Personal Healthcare Information from loss, theft, abuse, or modification, there is always a risk of unauthorized access despite our security safeguards and we cannot guarantee absolute security. Also, you are required to safeguard your WelChek login id/password.
Use of Third Parties
We may use agents and third party contractors to assist us in designing, maintaining, administering and improving the Site and our facilitation of Services to you, as well as assisting us with security. We may also use third party contractors to review and analyze data collected on the Site. However, we will not disclose your Personal Information and/or Personal Healthcare Information to anyone other than WelChek’s employees, affiliates, agents and those third parties that require such disclosure, and only if permissible under PIPEDA and/or PHIPA.
No Sell, Trade or Transfer to Others
We do not sell, trade, or rent your Personal Information and/or Personal Healthcare Information to others. We may share generic aggregated demographic information which is not linked to any Personal Information and/or Personal Healthcare Information regarding the Site’s visitors and Users/Clients/Providers with our business partners, trusted affiliate and advertisers for marketing purposes.
Use of Foreign Computer Server
WelChek presently uses a computer server in Canada, but reserves the right to use servers in the the United States of America (“USA”). As a result, your Personal Information and/or Personal Health Information may be stored and processed in the USA and it may therefore be accessible to law enforcement and national security authorities in that jurisdiction.
Consent – Personal Information and/or Personal Healthcare Information
We will limit the collection of your Personal Information, Personal Healthcare Information and/or Non-Personal Identification Information to that which is necessary to accomplish the purposes for which it is being collected, namely, for WelChek to facilitate the access to Services between Users/Clients and Providers and the payment of such Services. We will also take reasonable steps to ensure that your Personal Information, Personal Healthcare Information and/or Non-Personal Identification Information is accurate.
If you choose to not provide WelChek with your consent to collect, use and disclose all requested Personal Information and/or Personal Healthcare Information, we may not be able to facilitate you with the requested Services, nor facilitate payment for such Services.
Collection, Use and Disclosure without Consent
In limited circumstances, and as permitted by law, WelChek will collect, use and disclose your Personal Information, Personal Health Information and/or Non-Personal Identification Information without your consent, as described below:
Where the collection is clearly in the interest of the individual and consent cannot be obtained in a timely way;
Where it is used for the purpose of acting in respect to an emergency that threatens the life, Healthcare, or security of an individual;
Where the disclosure is made to a person who needs the information because of an emergency that threatens the life, Healthcare or security of an individual;
As required, we will disclose information that we collect about Users and/or Clients to Providers and also to third-party contractors (such as billing and collections companies) who perform services for WelChek, including but not limited to completing or confirming a transaction that is conducted with us;
We may also disclose information that we collect about you when necessary to comply with Provincial or Federal laws, and in accordance with other applicable legal requirements. Moreover, we may be legally obligated to disclose information about you to the government or to third parties under certain circumstances, such as in connection with illegal activity on our Site or to respond to a subpoena, summons or Court Order, and/or to other legal processes; and
WelChek reserves the right to release information that we collect to law enforcement or other government officials, as required of us by law, and as we, in our sole and absolute discretion, deem necessary or appropriate in the circumstances.
Withdrawal of Consent
If you choose at some point in time to withdraw your consent to allow us to collect your Personal Information, Personal Healthcare Information and/or
Non-Personal Identification Information, we will still be obliged to comply with all applicable laws that require us to maintain such records.
Personal Health Information – Responsibilities and Rights
With regard to your Personal Healthcare Information, we will collect, use, access, share and disclose it only in accordance with PHIPA.
Our responsibilities and your rights regarding your Personal Healthcare Information are as stated in PHIPA and include, but are not limited to the following:
Health Information Custodian. Physician Providers and Healthcare Providers who provide medical/Healthcare care Services facilitated by WelChek are deemed to be a “Health Information Custodian” as defined under PHIPA.
Agent of a Health Information Custodian. WelChek serves as an “Agent” as defined under PHIPA and with the authorization of the Health Information Custodian, acts for or on behalf of the Health Information Custodian in respect of Personal Healthcare Information of Users and Clients who receive medical/Health care Services facilitated by WelChek. In this regard, WelChek complies with the conditions or restrictions imposed by the Health Information Custodian on the Agent’s collection, use, disclosure, retention or disposal of Personal Health Information; and notifies the Health Information Custodian at the first reasonable opportunity if Personal Health Information that the Agent collected, used, disclosed, retained or disposed of on behalf of the Health Information Custodian is stolen or lost or if it is used or disclosed without authority.
Right to access your Personal Healthcare Information. You have the right to review or obtain copies of your Personal Health Information. Your request to review and/or obtain a copy of your Personal Health Information (records) must be made in writing and the request must contain sufficient detail to enable the Healthcare Information Custodian or Agent to identify and locate the record with reasonable efforts. We may charge a reasonable fee for the costs of producing, copying and sending you the requested information, but we will inform you of the cost in advance.
Response to Request for access to your Personal Health Information. The Healthcare Information Custodian or Agent will respond to a request for access as required under PHIPA.
Right to amend your Personal Healthcare Information. If you feel that your Personal Health Information which is maintained by us is incorrect or incomplete, you may request that WelChek amend the information. Your request must be made in writing and must include the reason(s) you are seeking a change. We may deny your request if, for example, you ask us to amend information that was not created by us, or you ask to amend a record that is already accurate and complete. If we deny your request to amend, we will notify you in writing as required under PHIPA. (Please note that any amendment of records prepared by a different Healthcare provider, which you have forwarded to us, are the responsibility of the original provider. In such an instance, you should direct your request to amend to that provider.)
Right to request restrictions on the use and disclosure of your Personal Health Information. You have the right to request that we restrict or limit how and what we use or disclose regarding your Personal Health Information.
Right to receive confidential communications. By using the Site or the Services, you have consented to receive confidential communications from WelChek as electronic communications, which shall be made and can be accessed through the Site.
Right to receive notification of a breach of your Personal Health Information. In the event of a breach of your Personal Health Information, you have the right to receive notification of such breach. You have consented to receive such notification through an electronic communication through the Site.
Third party websites
Your Acceptance of These Terms
Contacting us – Inquiries and Complaints
For more information regarding your privacy rights and/or to make a complaint, you may contact:
Information and Privacy Commissioner of Ontario
2 Bloor Street East, Suite 1400, Toronto, Ontario M4W 1A8
Toronto Area: 416-326-3333
Long Distance: 1-800-387-0073 (within Ontario)
Pour joindre l’agente des communications bilingue, veuillez composer le 416-326-4804
Office of the Privacy Commissioner of Canada
30 Victoria Street, Gatineau, Quebec K1A 1H3
Phone: (819) 994-5444
Fax: (819) 994-5424
TTY: (819) 994-6591
This document was last updated August 6, 2019