This policy pertains to the collection, use and disclosure of Personal Information in the custody and control of Lotus Medical.
Personal Information shall include (i) personal information as such terms defined in the Personal Information Protection Electronic Documents Act; (ii) personal health information as such is defined in the Personal Health Information Protection Act (Ontario); (iii) Act Respecting the Protection of Personal Information in the Private Sector (Quebec); Act Respecting the Sharing of Certain Health Information (Quebec), (provided that for purposes of this policy, Personal Information shall not include information about Lotus Medical employees in such employees’ capacity as employees of Lotus Medical.
It is the policy of Lotus Medical to keep any information gathered through the use of our systems secure. As such, user information is not disclosed or shared to unauthorized third parties except as allowed by Canadian law and described herein.
2. Personal and Personal Health Information
Lotus Medical collects information that personally identifies the user, whether patient or healthcare professional, such as the user’s name, address, mobile telephone number, e-mail addresses, medical history, medical billing history, banking information (physicians only), practice number and other information that the user provides to Lotus Medical or information on the Lotus Medical profile or account. Personal information may be collected in a number of ways, including: in person, over the phone, by mail, over the Internet, and from third parties who you have authorized to disclose Personal Information to us. We make every reasonable effort to keep your Personal Information as accurate, complete and up-to-date as necessary. If desired, you may verify the accuracy and completeness of your Personal Information in our records.
Some of the user’s Personal and Personal Health Information is disclosed to other users of the application, including the user’s Physician(s) and other Health Care Provider(s), individuals and companies managing those Physicians and Health Care Professionals, and Lotus Medical administrative and technology staff.
3. Collection, Use and Disclosure of Personal and Personal Information
Lotus Medical uses and discloses Personal and Personal Health Information for purposes consistent with such Personal Information’s collection. For example, Lotus Medical shall be allowed to collect, use and disclose Personal Information in a manner that is consistent with providing the services contemplated by the use of Lotus Medical’s mobile application.
Access to private, sensitive and confidential information, including user’s Personal Information, is restricted to authorized employees with legitimate business reasons. We require all of our employees to abide by Lotus Medical’s privacy standards. Our employees understand the importance of keeping your information private. For this reason, our employees are required to agree to a confidentiality agreement that prohibits the disclosure of any user information to unauthorized parties.
Employees are strictly prohibited from accessing or disclosing Personal Information without authorization. All employees are expected to maintain the confidentiality of Personal Information at all times and failure to do so will result in appropriate disciplinary measures including dismissal.
Lotus Medical will never rent or sell the personal information or personal health information it collects.
Lotus Medical uses third-party service providers to host servers in Ontario. These third-party service providers may have access to Personal Information as an incidental result of the services provided by such third parties to Lotus Medical, but the access of such third parties to such information is strictly controlled in accordance with the safeguards detailed below.
The type of information we are legally required to disclose may relate to criminal investigations or government tax reporting requirements. In some instances, such as a legal proceeding or court order, we may also be required to disclose your Personal Information to authorities. Only the information specifically requested is disclosed and we take precautions to satisfy ourselves that the authorities that are making the disclosure request have legitimate grounds to do so.
Your Personal Information may be disclosed in situations where we are legally permitted to do so, such as in the course of employing reasonable and legal methods to enforce your rights or to investigate suspicion of unlawful activities. We may release certain Personal Information when we believe that such release is reasonably necessary to protect the rights, property and safety of ourselves and others.
Should Lotus Medical conduct market or product research, it will never use Personal nor Personal Health Information; rather, it would fully anonymize information, meaning that it would render it unlikely to be traced back to an individual.
4. Collection of Consent and User Withdrawal
Lotus Medical relies on the consent for the collection, use and disclosure of Personal Information and Personal Health Information.
Users may withdraw their consent at any time however such withdrawal may result in Lotus Medical or affiliated HICs unable to offer services. Withdrawal also may not be retroactive, such as data used in the evaluation of Lotus Medical services.
5. Usage and Aggregate Data
Lotus Medical collects usage information from users to our services. The purpose of this collection is to understand how users access and use the services in order to enhance and optimize our services. Usage information and data could include but is not limited to the user’s device type, device identifier, IP address, browser type, operating system, duration of use, number of messages sent or received, and times at which the application was accessed and used. In addition, Lotus Medical will collect aggregate data about a group or category of services or users. This information, as well as the Personal Information collected, enables Lotus Medical to analyze trends, administer Lotus Medical’s services and products, troubleshoot, enhance, and improve Lotus Medical’s services.
Lotus Medical maintains the right to inform our users about any change that may affect information collected or stored. We may be required to comply with a court order or governmental regulatory requirement or disclose information in connection to legal proceedings. If required to do so, we will make every effort to notify the relevant parties about the proceedings.
Lotus Medical reserves the right to use the contact information of users for the purposes of communications regarding any aspect of a user’s account or corresponding services and products. Users will have the option to participate or opt out of optional communications (e.g. marketing, press, events) while mandatory communications (e.g. security updates, product announcements/revisions) will go out to all active users.
Lotus Medical is not anticipating any changes in corporate status, however as we grow and develop that may change. You understand and agree that we may use your Personal Information and disclose your Personal Information to third parties in connection with the proposed or actual financing, insuring, sale, securitization, assignment or other disposal of all or part of our business or assets (including accounts) for the purposes of evaluating and/or performing the proposed transaction. These purposes may include, as examples, permitting such parties to determine whether to proceed or continue with the transaction, fulfilling any reporting or audit requirements to such parties, and/or disclosing Personal Information as part of concluding a sale or transfer of assets. Our successors and assigns may collect, use and disclose your Personal Information for substantially the same purposes as those set out in this Policy. In the event the transaction does not go through, we will require, by contract, the other party or parties to the transaction not to use or disclose your Personal Information in any manner whatsoever for any purpose, and to return or destroy such Personal Information. Personal Information that is collected online remains subject to applicable legislation and corporate policy.
6. Data Retention
Lotus Medical reserves the right to reject, suspend, alter, remove or delete data if it breaches our terms and conditions or it is necessary to protect us or others where we have reasonable grounds for believing that a criminal act has been committed, or if required to do so by law.
Lotus Medical processes and stores the user’s messages, logs, contact data, and other related information in order to provide Lotus Medical’s services to the user. Data will be stored indefinitely in a secure and private manner or deleted as per direction from the user as allowable by operational needs and relevant law. Lotus Medical maintains security/privacy policies and procedures to ensure every step is taken to maintain the integrity of the data in our care.
7. Control of User Data
Lotus Medical takes reasonable steps to protect information collected from users to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction.
Lotus Medical has appointed a Designated Privacy Contact who acts as Privacy and Security Officer (PSO) responsible for information system monitoring and information security policy and procedure management. The PSO is responsible for compliance with Lotus Medical’s privacy program including,
- Undertaking privacy impact assessment and threat and risk assessments on a regular basis;
- Adopting policies and procedures on the basis of privacy impact assessment and threat and risk assessments to mitigate all identified risks, updated as necessary.
Lotus Medical users may access their Personal Information by accessing their account and, should they require assistance, by contacting our PSO. Our PSO’s contact information can be found below.
Safeguard measures to ensure authorized access include: the use of a username and a password for authentication. Every user must keep their password and username safe and make sure that any person who has access to view such private information is permitted to do so. Users must contact Lotus Medical immediately if the user believes their password has been compromised or misused.
Lotus Medical stores all Personal and Personal Health Information in Canada, with Microsoft Azure. Microsoft Azure is hosting all Lotus Medical servers, databases and applications in the Microsoft Azure secure cloud. Microsoft Azure is certified as compliant with ISO Standard 27018 Code of Practice for personal identifiable information (PII) protection in public clouds acting as PII processors. In addition to the independent certification process under ISO27018, the Standard also includes the right to audit Microsoft for compliance.
8. Governing Law
9. Contacting Lotus Medical
Subscribers may contact our PSO to make enquiries on our privacy practices or to the accuracy of their personally identifiable information and to request the update, correction or deletion of such information or account should they wish to do so. Any query, comments or concerns can be sent to us by email at email@example.com or by mail at the following address:
Attn: Privacy and Security Officer
3535 Queen Mary, Suite 600