Privacy Policy
Introduction
This privacy policy (this “Privacy Policy”) is intended to inform you of our policies, procedures, and practices regarding the collection, use, and disclosure of any personal information that you provide to HCC Mental Health Hub Ltd. (“Help Clinic”, “us” or “we”) or through the Help Clinic software platform (the “Help Clinic Platform”).
Help Clinic provides a user (the “User”) access to counsellors (the “Service Provider”) by secure real-time video communication, telephone or text messaging for counselling services and other services that may be provided by Help Clinic (collectively, the “Services”).
When you use the Help Clinic Platform you accept and agree to this Privacy Policy. If you do not agree to be bound to this Privacy Policy you should stop using the Help Clinic Platform immediately. By accessing and using the Help Clinic Platform you affirm that you have read the Privacy Policy and that you understand, acknowledge, and agree to be bound by the terms contained in therein.
This Privacy Policy applies to any visitors to the public portions of our websites and apps, users who create accounts or use of the paid portions of our Platform and Service Providers who are using the Platform to deliver the Services.
Collection and Use of Personal Information
When you use the Help Clinic Platform, update your account details, provide your billing information, provide your emergency contact information, or otherwise provide information to Help Clinic, we may ask you for information that could be reasonably used to directly or indirectly identify you (the “Personal Information”). Personal Information may include, but not be limited to, your name, your email, your phone number, and your address. We may collect and use Personal Information, either by itself or in conjunction with other information, for the following purposes:
To create your account on the Help Clinic Platform, let you login into that account, administer your account, monitor your account, provide customer service and contact you with information, alerts, notifications, and suggestions that are related to your account;
To facilitate the provision of the Services to you through the Help Clinic Platform, including by disclosing Personal Information to Service Providers;
To allow a User or Service Provider, as applicable, to communicate with you effectively using the Help Clinic Platform;
If you are a Service Provider, to let a User know you are licensed and qualified to provide the Services;
For billing-related purposes;
To contact you, either ourselves or using the appropriate authorities, if either Help Clinic or a Service Provider has a good reason to believe that you or any other person may be in danger or may be either the cause of or the victim of a criminal act; and
Any other purposes for the collection and use of Personal Information that Help Clinic may determine, in its sole discretion, from time to time and as such shall be posted on this Privacy Policy prior to or at the time such changes take effect.
Help Clinic may request information from Users about their needs, and from Service Providers, about your credentials, the Services, and related information (collectively, “Profile Information”). Profile Information provided by Users may be shared with Service Providers, and Profile Information provided by Service Providers may be shared with Users or otherwise posted on the Help Clinic Platform for the purposes described above.
While using the Help Clinic Platform, Users may write or communicate by means of text-based communication, verbal communication, or video communication, either internally or to each other (collectively “Session Content”). The Session Content is shared with the Service Provider(s) that may work with you from time to time. The Session Content may be used, either by itself or in conjunction with other information, to (a) enable a Service Provider to provide Services to a User; (b) supervise, administer, and monitor the Services provided by a Service Provider; and/or (c) provide a means for professional supervision by qualified professionals for or on behalf of the Service Provider.
At Help Clinic, we are committed to providing the same level of confidentiality and privacy as the User would expect while seeing a Service Provider in-person. We do not record or share any of the live sessions that occur on our platform. We use the “Jane” platform for video sessions, and all data transmitted between User and Service Provider while streaming of audio/video during the sessions is encrypted.
When you use the Help Clinic Platform, Help Clinic’s servers or servers of third party services automatically record information that your browser sends (“Log Data”). This Log Data may include, but not be limited to, information such as your computer, Internet Protocol address, pages that you visit and the time spent on those pages, actions that you take and other statistics. We may use this information, either by itself or in conjunction with other information to monitor, analyze, and improve the use and functionality of the Help Clinic Platform and its technical operations. Like many websites, Help Clinic uses “cookies” and “web beacons” to collect information. A “cookie” is a small data file that is being transferred to your computer’s hard disk for record-keeping purposes. A “web beacon” is a tiny image, placed on a Web page or e-mail that can report your visit or use. We use cookies and web beacons to enable the technical operation of the Help Clinic Platform, to administer your log-in to your account and to collect the Log Data. You can change your browser settings so it will stop accepting cookies or to prompt you before accepting a cookie. However, if you do not accept cookies you may not be able to use the Help Clinic Platform. The Help Clinic Platform may also include the use of cookies and web beacons of services owned or provided by third parties that are not covered by our privacy policy and we do not have access to or control over these cookies and web beacons.
Help Clinic may collect and analyze statistical or aggregated information about Service Providers and Users which is not personally identifiable and does not contain Personal Information. Help Clinic may share aggregated information that does not include any Personal Information with third parties for any purpose, including but not limited to industry analysis, research, business transactions, and public relations.
The Help Clinic Platform may contain links to other websites, services or offers which are owned, operated or maintained by third parties. If you click on a third party link, you will be directed to that third website or service. The fact that we link to a website or service is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not have control over third party websites and services and we do not have control over their privacy policies and terms of use.
We may employ third party companies and individuals to facilitate our Platform, to perform certain tasks which are related to the Platform or to provide audit, legal, operational or other services for us. These tasks include, but are not limited to, customer service, technical maintenance, monitoring, email management and communication, database management, billing and payment processing, reporting and analytics. We may transfer information, including Personal Information, to such third parties who may be located outside of your jurisdiction, in accordance with paragraph 2.12 of this Privacy Policy. When needed we may disclose information, including Personal Information, to such third parties but we will try to limit the Personal Information disclosed to the minimum necessary for such third party to perform their task.
We do not knowingly collect or solicit any information from anyone under the age of adulthood in the province or territory where they reside, or knowingly allow such persons to become Users without parental guardian consent. The Help Clinic Platform is not directed at nor intended to be used by children under the applicable age of adulthood without parental guardian consent.
Storage and Retention
Storage
All User information is stored on our encrypted secure servers but during sessions our Service Providers may take some notes offline to keep in their files to provide future services to the User. The Service Providers are required to keep the same standards for record-keeping, confidentiality and privacy as they would perform for an in-person practice.
We have implemented the technical safeguards to ensure the protection and maintenance of the confidentiality of all User data. All User data is physically stored within Canada as per healthcare regulations. However, such electronic data, including Personal Information may be accessed by, or transmitted to, representatives of Help Clinic or its affiliates, Service Providers or other third party service providers, who are located in the United States. Any Personal Information so accessed or transferred will only be used by representatives of Help Clinic or its affiliates, Service Providers or other third party service providers for the purposes for which it was originally collected from you. Any Personal Information so accessed from or transmitted to the United States may be accessed by the courts, law enforcement agencies, regulators and national security authorities of the United States in accordance with the laws applicable in the United States. Your consent to this Privacy Policy followed by your submission of such Personal Information represents your consent to such transfers.
Retention of user information
Help Clinic archives all personal information related with the User account instantly when a User has requested their account be cancelled/closed. Our Service Providers that are engaged in counselling may be required to keep any collected offline information pertaining to counselling according to the laws of their respective jurisdiction(s) and the Personal Information Protection and Electronic Documents Act (PIPEDA).
You may review, update, correct, or archive your Personal Information by contacting us or by editing that Personal Information on the Help Clinic Platform. Help Clinic client records are maintained for the number of years required by applicable law, but will not be subjected to unauthorized access, collection, use, disclosure, copying, modification, or similar risks. There may also be residual information that will remain within our databases and other records, including, without limitation, some data that may be still archived and stored offline. Help Clinic is not responsible for removing information from the third parties with which we have already legitimately shared your Personal Information. If you no longer wish to use your Help Clinic account – you can email privacy@helpclinic.ca to have your account archived.
Help Clinic is concerned with safeguarding your information. The security of your Personal Information is very important to us. Therefore, Help Clinic employs measures to protect this information from unauthorized access, use, and disclosure. However, the confidentiality of any communication transmitted through the Help Clinic Platform and/or stored with Help Clinic cannot be guaranteed. Please remember that no method of electronic transmission over the Internet or method of storage can be completely secure. You acknowledge and agree that you share and transmit any information, Personal Information or otherwise, at your own risk, as further detailed in our terms of use. If you have reason to believe that there has been a breach of security, including but limited to “hacking” of your account, you must notify us immediately at privacy@helpclinic.ca
Third Party Sharing
Information shared with Service Provider
We may share your personal information with our Service Providers as described in part 2 of this Privacy Policy.
Information shared with your benefit provider
If you are covering payments for any Services through your third party employee benefits package/insurance company, then we may share personal information only with your benefits provider/insurance company to process a claim as well as to know what Services were used.
Information shared with your employer
As part of our Privacy Policy, we do not share any personal identifiable information about an individual employee but may share general statistical industry trends and information such as counselling preferences, major issues that need addressing in an industry workforce.
Information shared with a healthcare institution
If your current physician or family doctor requests any notes on your counselling history with us, we will notify you to obtain your consent prior to releasing any information. All consents will be obtained in written form. In case of a medical or life threatening emergency, information may be shared at our discretion with the authorities.
Financial information
We collect User email, account name and session purchase history on our system to verify session payments as well as to investigate any cases where there may be suspicion or occurrence of any fraudulent activity or misuse of an account.
We use a third-party service provider to process credit cards, bank accounts, and other payment information. Such third party may store and collect your financial information under the terms of such third party’s privacy policy. We are not liable for the treatment of your personal or financial information by the third party payment processor.
Disclosure of information to third parties
We do not sell or trade the User’s personally identifiable information. From time to time, trusted third parties who assist us in operating the Help Clinic Platform and conducting our business may have access to the User’s general statistical information only after signing a confidentiality agreement and meeting other security software requirements. This information may include the average age of our users, their general location, profession, preferences, and most popular sessions etc. We may also release information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
Help Clinic will disclose personal information related to possible mental or physical health concerns of individuals to a third party if: a) the Service Provider believes that an individual is homicidal or suicidal; b) the Service Provider is concerned about possible child abuse or neglect; or c) the disclosure is ordered by law.
Help Clinic may sell or transfer some or all of its assets, including your Personal Information, in connection with a merger, acquisition, consolidation, joint venture, reorganization or sale of assets. Any Personal Information sold or transferred pursuant to such an arrangement will be required to be protected by the purchaser or transferee on the same terms and conditions as described in this Privacy Policy and in accordance with applicable laws.
Request to release information
All interactions with Help Clinic Counselling Services, including scheduling of or attendance at appointments, content of your sessions, progress in counselling, and your records are kept confidential. Only with your written consent you may request in writing that your Service Provider release specific information about your counselling to persons/organizations you designate.
Report of abuse & Compliance to court order
Service Providers at Help Clinic reserve the right to disclose to the proper authorities and/or individuals and take action should they discover or strongly suspect physical, sexual, child abuse or neglect of any person under 18 years of age.
Help Clinic will cooperate with government and law enforcement officials and private parties. Notwithstanding any other term in this Privacy Policy, we may disclose any information, including Personal Information, to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process to protect the property and rights of ourselves or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity and we may disclose information, including Personal Information, to take precautions against liability.
Users should also be aware that Service Providers may be obliged to disclose information to law enforcement or other authorities to conform to their professional and legal responsibilities. Specifically, and without limitation, Users should be aware that the law requires mental health professionals to disclose information and/or take action in the following cases: (a) reported or suspected abuse of a child or vulnerable adult; (b) serious suicidal potential; or (c) threatened harm to another person.
Help Clinic may update this Privacy Policy at any time, and from time to time, in its sole discretion. The date of the last revision of this policy shall appear on the last page of this Privacy Policy. We encourage you to periodically review this page for the latest information on our Privacy Policy and on any related practices.
If you have any questions or concerns about this Privacy Policy or our privacy-related practices, please contact us by sending an email to our Privacy Officer at privacy@helpclinic.ca