TN is committed to maintaining the privacy of individuals and protecting personal information in its custody or control in accordance with privacy legislation applicable to TN. This Policy is intended to comply with the requirements of Alberta’s Personal Information Protection Act (”PIPA”) and Health Insurance and Portability and Accountability (HIPAA). However, in certain circumstances, other legislation may be applicable.
This Policy describes and summarizes the practices of TN ActiveCare, a cloud based Software as Service (SaaS) application and its affiliates with respect to our collection, use and/or disclosure of personal information related to all individuals other than employees and individual contractors of TN; those individuals are subject to a separate policy. Employees of TN dealing with personal information are expected to be familiar with this Policy. The same policy applies to TN business in general and applicable to TN’s general practice regarding client personal information privacy.
PRIVACY AND OUR WEBSITE
We do not collect any personal information from individuals who simply visit our website. However, individuals should be aware that most web servers do collect some information about visitors, such as the browser and version being used, the operating system, and the “IP” or internet address of the visitor, which may identify the individual’s Internet Service Provider or computer but not necessarily the individual using it.
If you voluntarily submit personal information to us by e-mail for purposes of obtaining information, we will consider that you have done so with your consent for purposes reasonably related to your providing the information. If reasonable to do so, after our initial response, we may send further information to you with information that may be useful, but we will include instructions on how to terminate receiving such further information. Please be advised that the Internet and e-mail are inherently insecure media, and we cannot take responsibility for the security or privacy of personal information in transit over the Internet.
THIRD PARTY WEBSITES
Please note that our website may contain links to other websites which are provided as a convenience for visitors to our website only. Any third party websites will have their own privacy policies and practices, and we cannot be responsible for such third parties, their websites, or their privacy practices.
SOURCES OF PERSONAL INFORMATION
TN AcitveCare generally collects, uses and discloses personal information about the following types of individuals:
- · Patient, client or individual, their guardians, employees (including contractors ) and organizations subscribe TN ActiveCare application;
- · Prospective or potential customers or their employees;
- · Subscribers to our newsletters, white papers or similar types of information;
- · Employees and independent contractors (where such contractors are individuals) of TN for the purposes of establishing, managing and terminating employment and contractor relationships;
- · Other individuals who may voluntarily choose to provide TN with personal information.
- · Shareholders and investors in TN; and,
- · Directors and advisory board of TN.
NOTIFICATION AND CONSENT
Subject to this Policy and applicable legislation, TN will identify the purposes for collection, use and disclosure in advance of collection, and will notify the individual of the purposes for collection, use or disclosure at or before the time of collection.
There are a number of exceptions to the above provisions in that in some circumstances, such as with certain personal information related to employees, TN does not require consent to collect, use or disclose personal information but is required to provide notification in advance.
In other circumstances, specifically those set out in applicable legislation, the law does not require that TN obtain consent or provide notification. TN reserves all its rights to rely on any available statutory exemptions and exceptions
EXEPTIONS TO THE REQUIRMENT FOR CONSENT
TN may collect personal information without consent in circumstances that include but are not limited to the following:
- · Where a reasonable person would consider that the collection of the information is clearly in the interests of the individual and consent of the individual cannot be obtained in a timely way or the individual would not reasonably be expected to withhold consent;
- · Where the collection of the information is pursuant to a statute or regulation of either Alberta, Canada or USA that authorizes or requires the collection;
- · Where the collection of the information is from a public body and that public body is authorized or required by an enactment of Alberta, Canada or USA to disclose the personal information to TN;
- · Where the collection of the information is reasonable for the purposes of an investigation or a legal proceeding;
- · Where the information is publicly available;
- · Where the collection of the information is necessary in order to collect a debt owed to TN or for TN to repay to an individual money owed by TN. In addition to the above, the law generally provides that an individual is deemed to consent to the collection, use or disclosure of personal information about that individual for a particular purpose if the individual voluntarily provides the information for that purpose, and it is reasonable that a person would voluntarily provide that information. If an individual provides personal information to us voluntarily, we will rely on deemed consent and consider that the individual consents to our collection, use or disclosure of their personal information as necessary to carry out the purposes for which they provided the information.
Where a new purpose for the use or disclosure of personal information previously collected arises, TN will contact the individual in question to obtain any required consent or to provide any required notification for use and/or disclosure for such new purpose or purposes.
Where practical, TN will try to collect personal information directly from the individual. Where necessary, TN will collect personal information from other sources. When TN collects personal information about individuals directly from them, except when their consent to the collection is deemed or has otherwise been previously and lawfully obtained, or is not required, we will tell them the purpose for which the information is collected, and, if reasonable to do so, the name of a person who can answer questions about the collection.
WHY WE COLLECT, USE AND DISCLOSE PERSONAL INFORMATION
TN generally collects, uses and discloses personal information for the following purposes:
- · Customers, employees of and contractors to customers: to establish, maintain, manage and terminate a relationship with a customer, or to establish, maintain, manage or terminate an individual’s care plan with TN’s customer
- · Prospective or potential customers or their employees: to attempt to establish a relationship with a customer.
- · Subscribers to TN newsletters, white papers or similar types of information: to provide services, information or documentation and to solicit business.
- · Suppliers (including non-individual contractors to TN), employees of and contractors to suppliers: to establish, maintain, manage and terminate a supplier relationship.
- · Individuals who may voluntarily choose to provide TN with personal information: To fulfill the purposes for which such information was provided.
- · TN employees and individual contractors: to recruit, establish, maintain, manage and terminate an employment or individual contractor relationship.
- · Shareholders and investors: to manage our relationship with and our obligations to investors and shareholders. TN is required by applicable laws and regulatory authorities to collect, as well as use and disclose certain information with respect to its shareholders.
- · Directors and officers: To manage our relationship with and our obligations to directors and officers. TN is required by applicable laws and regulatory authorities to collect, as well as to use and disclose, certain information with respect to its directors and officers.
- · Other individuals: Personal information from other individuals may be collected, used or disclosed when such individuals contact TN for a variety of reasons personal to them. For example, if an individual contacts us with an inquiry, we will use the information provided to assist us in responding to that individual and communicating with them. Generally, such information is used to contact or reply to individuals who have contacted us where such contact or reply is reasonable in the circumstances, or is subject to deemed consent, or is legally required.
- · To fulfill our legal obligations.
USE OF PERSONAL INFORMATION
As with collection, there are exceptions to the requirement of consent with respect to use. For example, TN may use personal information without consent in circumstances that include but are not limited to the following:
- Where a reasonable person would consider that the use of the information is clearly in the interests of the individual and consent of the individual cannot be obtained in a timely way or the individual would not reasonably be expected to withhold consent;
- · Where the use of the information is pursuant to a statute or regulation of Alberta or Canada that authorizes or requires the use;
- · Where the information in question was collected is from a public body and that public body is authorized or required by an enactment of Alberta or Canada to disclose the personal information to TN;
- · Where the use of the information is reasonable for the purposes of an investigation or a legal proceeding;
- · Where the information is publicly available;
- · Where the collection of the information is necessary in order to collect a debt owed to TN or for TN to repay to the individual money owed by TN;
- · In certain circumstances, where the information may be disclosed without consent, it may also be used without consent.
- TN will in all cases use personal information as permitted or required by applicable law.
DISCLOSURE OF PERSONAL INFORMATION
It is the general policy of TN to not disclose personal information in its custody or control except with the consent of the individual and then only for identified purposes. However, individuals should be aware that there are exceptions to the above.
Alberta law permits us to collect, use or disclose personal information about an individual in some circumstances without the individual’s consent and/or knowledge. Such circumstances include (but are not limited) to where:
- · the collection, use or disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely way;
- · collection, use, or disclosure is reasonable for the purposes of an investigation or proceeding;
- · the personal information is available to the public from a prescribed source; or
- · the collection, use, or disclosure is required or authorized by a statute or regulation of Alberta or Canada.
TN will in all cases disclose personal information as required or permitted by applicable law. This prevision also applies to other Canadian Province and USA where law permits such disclose.
TN does not disclose, trade or sell its customer or contact lists.
All incoming and outgoing telephone calls using TN’s telephone systems are subject to automated recording and archiving. Recording is a function of certain technology and cannot be turned off by individual TN employees or contractors for particular cases. Recording is carried out for the following purposes:
- · To ensure accuracy of communication. This includes ensuring accuracy of our understanding of customer requirements, orders and agreements made with customers, and, if necessary, to accurately document such agreements in the event of a misunderstanding or dispute to protect both TN and the customer;
- · To ensure quality of service provided by TN representatives.
Recordings of telephone calls are initially not reviewed or overheard in any manner, but are archived in digital format on a secure server without review. Such recordings may be subsequently reviewed by TN at any time for any one or more of the stated purposes and, in particular, may be used without notification or consent as evidence in the event of an investigation or legal proceeding related to such telephone conversation, or to review the quality of service provided in situations where TN has a basis to believe that such quality may not be adequate and generally only with respect to those TN representatives who interact with customers.
Recordings, including recordings that are not reviewed, are retained on the same basis as other personal information pursuant to this Policy. Where required or permitted by law, TN may use or disclose personal information contained in recordings. TN does not use information contained in recordings for marketing or solicitation purposes. Access to such recordings is restricted to particular individuals within TN who have obligations of confidentiality to TN and who have a need to review such recordings as part of their obligations to TN.