Last Revised: November 18, 2020
PsyMood has developed policies and procedures consistent with the Personal Information Protection and Electronic Documents Act (“PIPEDA”), the Personal Health Information Act (“PHIPA”), and other relevant privacy laws.
Information We Collect
a. Personal Information
Personal Information that PsyMood collects includes, but is not limited to:
- Registration Information: You need to create an account before You can use the Services. When You register for an account, we collect Your first and last name, username, password and email address.
- Service Information: Information that You provide to us in using our Services, including information and records that You provide to our Specialists during Wellness Sessions, including medical or health history, health status and laboratory testing results, diagnostic images, and other health related information (“Session Information”);
- Billing and payment information, including credit card information and bank account details;
- Any other Personal Information that You may provide when You use the Services, or when You contact PsyMood with questions and/or inquiries;
- Technical support records;
- Service requests and inquiries; and
- Any information that PsyMood collects from You that is intended to improve and personalize PsyMood’s Services.
b. Non-specific Personal Information
PsyMood collects non-specific Personal Information (“NPI”) about Clients when they interact with the Services. For instance, NPI may include, but is not limited to, device information, IP address, geo-location information, browser name, type of computer or device, and technical information about a Client’s means of connecting to the Services, such as operating system, Internet service provider utilized, and mobile network information.
Please note that Personal Information does not include information that is aggregated or anonymized in such a manner that it cannot be connected to You or any other Client. Such information by itself or together cannot be tracked to a specific individual’s Personal Information.
- Collection: the act of gathering, acquiring, recording, or obtaining Personal Information from any source, including third parties, by any means.
- Consent: voluntary agreement to the collection, use and disclosure of Personal Information for defined purposes. Consent can be either express or implied and can be provided directly by the individual or by an authorized representative. Express consent can be given orally, electronically or in writing, but is always unequivocal and does not require any inference on the part of PsyMood. Implied consent is consent that can reasonably be inferred from the circumstances or from an individual’s action or inaction.
- Disclosure: making Personal Information available to a third party for that party’s own use.
- Personal Health Information: information that relates to the physical or mental care of individual, including information that consists of such individual’s health care.
- Transfer: making Personal Information available to a third party for processing, storage or otherwise, solely to be used on behalf of PsyMood.
- Use: the treatment, handling and management of Personal Information by and within PsyMood.
Principle #1 – Accountability
PsyMood is responsible for Personal Information in its possession or custody, including information that has been transferred to a third party for processing. PsyMood shall use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.
PsyMood shall implement policies and practices to give effect to these principles, including:
- Implementing procedures to protect Personal Information;
- Establishing procedures to receive and respond to complaints and inquiries;
- Training staff and communicating to staff information about the organization’s policies and practices; and
- Developing information to explain the organization’s policies and procedures.
Principle #2 – Identifying Purposes
PsyMood collects Personal Information for the following purposes:
- to provide Services to our Clients, including Wellness Sessions conducted by our Specialists;
- to establish and maintain responsible commercial relations and to communicate with You in order to provide Services;
- to permit PsyMood’s third party payment provider(s) to provide payment services;
- to respond to any correspondence, You may direct to PsyMood;
- to understand PsyMood’s Clients’ needs and preferences;
- to enforce PsyMood’s Terms of Service and other legal agreements;
- to provide You with service or administrative messages;
- to direct advertisements about our company and our products and services that may be of interest to You;
- to meet legal and regulatory requirements;
- to prevent, detect and mitigate illegal, fraudulent, or counterfeit activities;
- to improve the Services; and
- for any other reasonable purposes for which You may have provided Your express consent or in which Your consent can be reasonably implied.
Non-specific Personal Information
PsyMood uses NPI in an ongoing effort to better understand and serve the Clients of PsyMood’s Services, including to provide the Services and to improve the content and functionality of the Services.
For instance, PsyMood uses NPI to monitor traffic and to collect statistical data.
Specific Uses of NPI by PsyMood:
- To monitor traffic, provide the Services, and conduct internal research on PsyMood’s Clients’ to better understand and serve them, including Clients’ size, usage patterns, demographics, interests and behaviors.
- PsyMood may use and store information about Your location if You give PsyMood permission to do so. PsyMood uses this data to provide features of the Service, to improve the Service and customise the Service. You can enable or disable location services when You use our Service at any time by way of Your device settings.
Principle #3 – Consent
The knowledge and consent of the individual are required for the collection, use, or disclosure of Personal Information, except in certain circumstances as described below.
In certain circumstances, PsyMood may collect, use or disclose Personal Information without the knowledge and consent of the individual. For example, legal, medical or security reasons may make it.
impossible or impractical to seek consent. When information is being collected for the detection and prevention of fraud or for law enforcement, seeking the consent of the individual might defeat the purpose of collecting the information. Seeking consent may be impossible or inappropriate where there is an emergency threatening the individual’s life, health or security, or where the individual is a minor, seriously ill, or mentally incapacitated. In other instances, information may be publicly available.
Where appropriate, PsyMood will generally seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when PsyMood wants to use information for a purpose other than those identified above).
In obtaining consent, PsyMood will use reasonable efforts to ensure that a Client is advised of the identified purposes for which Personal Information collected will be used or disclosed.
The form of consent sought by PsyMood may vary, depending upon the circumstances and type of information disclosed. In determining the appropriate form of consent, PsyMood shall take into account the sensitivity of the Personal Information and the reasonable expectations of its customers and employees.
PsyMood will seek consent when the information is likely to be considered sensitive. Implied consent will generally be appropriate where the information is less sensitive. In certain circumstances, Your consent may be implied by Your actions. For example, providing us Personal Information to create an account or input into our document builder service is implied consent to use such information to provide You the associated services.
You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice, however, withdrawing consent may result in our inability to provide You with certain Services. In order to withdraw consent, You must provide notice to PsyMood in writing.
Principle #4 – Limiting Collection
PsyMood will limit the collection of Personal Information to that which is necessary for the purposes identified by PsyMood. PsyMood will collect information by fair and lawful means. PsyMood collects Personal Information from our Clients for the purposes described under Principle #2.
Principle #5 – Limiting Use, Disclosure and Retention
Unless required by law, or in connection with a business transaction, PsyMood will not use, disclose or transfer Personal Information for any purpose other than those described above without first identifying and documenting the new purpose and obtaining Your consent, where such consent may not reasonably be implied.
PsyMood and our Specialists collect and use Your Personal Information that is provided by You during Wellness Sessions or uploaded to the Platform to complete and update online profiles, which may include Your Personal Health Information. Neither PsyMood nor our Specialists will use such Personal Information for any other purpose than providing and facilitating the provision of Wellness Services. Should a Specialist collect further Personal Information, aside from Session Information, directly from You during a Wellness Session, it will seek consent directly from You as appropriate.
In the event Your Personal Information is disclosed to a third party pursuant to a business transaction (including a potential sale or financing), PsyMood will ensure that it has entered into an agreement under which the collection, use and disclosure of the information is related to those purposes that relate to the transaction.
Subject to the foregoing, only PsyMood’s and our Affiliates’ employees with a business need to know, or whose duties reasonably so require, are granted access to Personal Information about our Clients. All such employees will be required as a condition of employment to contractually respect the confidentiality of Your Personal Information.
PsyMood will retain Personal Information for only as long as required to fulfill the identified purposes or as required by law. Personal Information that is no longer required to fulfill the identified purposes will be destroyed, erased or made anonymous according to the guidelines and procedures established by PsyMood.
Principle #6 – Accuracy
To the extent that PsyMood directly collects Personal Information from Clients, as opposed to Clients disclosing Personal Information to PsyMood in using the Services or registering for an account, it will make reasonable efforts to ensure that such Personal Information is accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
PsyMood will update Personal Information about Clients as and when necessary to fulfill the identified purposes or upon notification by the individual.
Principle #7 – Safeguards
PsyMood will protect Personal Information by security safeguards appropriate to the sensitivity of the information.
PsyMood will protect Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. The nature of the safeguards will vary depending on the sensitivity of the information that has been collected, the amount, distribution and format of the information, and the method of storage.
We take administrative, technical and physical measures to safeguard Your Personal Information against unauthorized access, unauthorized disclosure, theft and misuse. This includes the implementation of encryption protocols with respect to the transmission of data, limiting access of employees to, and the use of, Your Personal Information through the use of passwords and graduated levels of clearance. We do not publish all of our security measures online because this may reduce their effectiveness. We take physical precautions to ensure that the computer servers on which Your Personal Information is stored and archived are secure and in a controlled environment with limited access. We educate our employees with respect to their obligations to protect Your Personal Information.
PsyMood makes its employees aware of the importance of maintaining the confidentiality of Personal Information. All of PsyMood’s employees with access to Personal Information will be required as a condition of employment to contractually respect the confidentiality of Personal Information.
PsyMood will protect Personal Information it discloses to third parties through contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.
Although we take precautions against possible breaches of our security systems, no company can fully eliminate the risks of unauthorized access to Your Personal Information and no website is completely secure. We cannot guarantee that unauthorized access, hacking, data loss or breaches of our security systems will never occur.
PsyMood’s privacy practices are intended to comply with applicable privacy laws, including, without limitation PIPEDA and PHIPA. We will maintain the privacy of Your personal information as required by those privacy laws.
Principle #8 – Openness
PsyMood shall make readily available to Clients specific information about its policies and practices relating to the management of Personal Information.
PsyMood will make information about its policies and practices easy to understand, including:
- The title and address of the person(s) accountable for PsyMood’s compliance with the policy and to whom inquiries or complaints can be forwarded;
- The means of gaining access to Personal Information held by PsyMood; and
- A description of the type of Personal Information held by PsyMood, including a general account of its use.
Principle #9 – Individual Access
Upon request, PsyMood will provide information to a Client regarding the existence, use and disclosure of his or her Personal Information. PsyMood will respond to an application for individual access to Personal Information within a reasonable time and at minimal or no cost to the individual. A Client may challenge the accuracy and completeness of the information and have it amended as appropriate.
NOTE: In certain circumstances, PsyMood may not be able to provide access to all the Personal Information it holds about a Client. Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, or information that is subject to solicitor-client or litigation privilege. PsyMood will provide the reasons for denying access upon request.
Principle #10 – Challenging Compliance
PsyMood will maintain procedures for addressing and responding to all inquiries or complaints from Clients about PsyMood’s handling of Personal Information. PsyMood shall investigate all complaints. A Client shall direct all inquiries or complaints involving PsyMood’s handling of Personal Information or compliance with this policy or with PIPEDA to PsyMood’s Privacy Officer.
The Privacy Officer will respond to all such inquiries or complaints within 14 business days of receipt. The Privacy Officer will make reasonable efforts to resolve all such complaints within 30 days of receipt of the initial complaint. If PsyMood finds a complaint to be justified, it will take appropriate measures, including, if necessary, amending its policies and procedures.
For more information, please contact our Privacy Office as follows:
E-mail: [email protected]
Mail: 325 Front Street West Suite 300
Toronto, ON M5V 2Y1
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