Privacy policy

The Platform may be accessed by different types of users, and the way in which personal information is collected, used, and disclosed may differ depending on the context in which you interact with us.

For example, you may use the Platform:

• As a healthcare provider or other clinical user;
• As an individual who has been referred to the Platform by a healthcare provider, clinic, or healthcare organization; or
• As an individual who accesses the Platform directly through our Website, App, or other public-facing channels.

In some cases, Daymark may provide the Platform in support of healthcare providers or healthcare organizations that are responsible for delivering care and for making decisions about the collection, use, disclosure, retention, and protection of personal health information. In other cases, Daymark may collect and use personal information directly in connection with your access to and use of the Platform, Website, App, and related Services.

Where appropriate, this Privacy Policy identifies when Daymark is acting directly in its own capacity and when Daymark is supporting healthcare providers or healthcare organizations in delivering services through the Platform.

“Applicable Privacy Laws” means any and all applicable privacy legislations and regulations relating to privacy and the collection, use and disclosure of Personal Information and Personal Health Information in all jurisdictions where we offer the Services, including but not limited to the Personal Information Protection and Electronic Documents Act (Canada) and/or any comparable provincial commercial or health privacy laws.

“Personal Information” or “PI” means information about an identifiable individual and is synonymous with similar terms used in Applicable Privacy Laws such as “personal data”. It includes information, used alone or with other information, that can directly or indirectly be used to identify, contact, or locate a person. Please note that personal information excludes information that is anonymized and cannot be associated with an identifiable individual and aggregate information which represents compiled data from a group of individuals who can no longer be individually identified.

“Personal Health Information” or “PHI” means information about an identifiable individual that can directly or indirectly be used to identify that individual and that relates directly to the individual’s physical or mental health, including name of patient, date of birth, medical history, medical treatment, medical test results, and any other health information, such as information related to the registration of an individual for healthcare services.

We collect and use several types of information from and about you collected from various sources.

Information you provide when creating an account on our Platform. During the creation of your account, we ask you to provide personal information that we can reasonably use to identify you and contact you when needed. This information may change with the type of account you create, though may include some combination of your name, date of birth, postal mailing address, e-mail address, telephone number, health card number, expected due date, and baby delivery date.

Information you provide when you access and use the Platform and when you receive consultations: When you access and use the Platform, you can provide the following type of information, which may be considered personal information:

• Personal information as described above;
• When necessary to the provision of the Services, your health card number;
• When completing questionnaires or using our wizard, your basic needs and your location; and
• All personal health information you may disclose that is relevant to identify you or to provide you with treatment, including health information, appointment information, and healthcare provider information.

Personal Health Information collected via the Platform. In certain circumstances, the Platform may be used in connection with services offered, coordinated, or facilitated by a healthcare provider, clinic, or healthcare organization. In those cases, personal health information collected through the Platform may be collected, used, disclosed, retained, and otherwise processed in support of that healthcare provider’s or healthcare organization’s delivery of care, administration, legal and regulatory obligations, and recordkeeping requirements.

Where Daymark provides the Platform or related services in support of a healthcare provider or healthcare organization, Daymark may process personal health information on behalf of, or at the direction of, that provider or organization, in accordance with applicable agreements and Applicable Privacy Laws. In those circumstances, the relevant healthcare provider or healthcare organization may remain responsible for decisions about care delivery and for certain decisions regarding the handling of personal health information.

If you have questions about how your personal health information is handled in connection with services provided by a healthcare provider or healthcare organization through the Platform, you may contact us using the information set out in the “Contact Us” section below. In some cases, we may direct your request to the relevant healthcare provider or healthcare organization where they are responsible for responding.

Information collected via technological means. We may collect the following information automatically when you access and use our Platform:

• Technical information, such as your login information, your geo-location information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access our Platform, and usage details.
• Digital interaction information: Non-personal details about your Website interactions, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Website (including date and time), resources you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any contact information used to contact us.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website or our App.
• Flash Cookies. Certain features of our Website or our App may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website or our Platform. Flash cookies are not managed by the same browser settings that are used for browser cookies.
• Web Beacons. Pages of our Website or our Platform as the case may be, may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We may use information that we collect about you or that you provide to us, including any personal information for the following purposes listed in this Privacy Policy or as permitted or required under applicable laws:

To provide you with access to our Platform and our Services. We may use your personal information to provide you with access to our Platform and to any consultations, information, resources, or services that you request from us. More specifically we may use your personal information:

• To create and administer your user account when you register on the Platform;
• To communicate with you with respect to the Platform registration and your account and respond to your inquiries on the Platform or our products and Services offering in general;
• To determine your eligibility to access the Platform and our Services.

To administer our business activities. We may use your personal information for reasons in connection with our business activities, including but not limited to:

• To carry out our obligations and enforce our rights arising from any contracts we may have with you, notably our Terms of Use, including to comply with legal requirements.
• To implement and maintain safeguards that protect your personal information.

To support our health services providers in the administration of their professional and legislative obligations. In order to provide you with our Services, we may partner with health services providers who are subject to various professional and legislative requirements pertaining to the protection of your personal information and personal health information. Where information is processed in connection with services provided by a healthcare provider or healthcare organization through the Platform, Daymark may use and process that information as necessary to support the operation of the Platform, the delivery and administration of those services, and compliance with applicable legal and regulatory obligations.

To communicate with you and to respond to your inquiries or requests. We may use your personal information to communicate with you on several occasions including:

• To notify you about new products or services releases, new partnerships and other key information on the Platform;
• To notify you about changes to our Platform or any products or services we offer or provide through it; and
• To provide you with useful healthcare information and other information about trends and best practices in healthcare, mental health and well-being and other relevant topics in connection with our Services.

For evaluation, service improvement, research, and statistical purposes. We may use personal information to evaluate, improve, develop, monitor, and understand the use, performance, quality, safety, and effectiveness of the Platform and our Services. This may include quality assurance activities, internal reporting, trend analysis, user experience improvements, service planning, and the creation of statistical information. Where permitted by applicable law, and subject to applicable legal, ethical, contractual, and organizational requirements, we may also use personal information or personal health information for research-related, evaluation-related, or similar purposes. Where required or appropriate, we will use de-identified, aggregated, pseudonymized, or otherwise privacy-protective forms of information for these purposes, and we will obtain consent or rely on other lawful authority where required by Applicable Privacy Laws. We will not use personal information or personal health information for research-related purposes in a manner that is inconsistent with applicable law, applicable approvals (including approvals from research ethics boards), or applicable commitments made to users, healthcare providers, clinics, healthcare organizations, or other partners.

To improve our services, marketing and customer relationship management. We may use your personal information to better understand how individuals use the Platform and to improve our Services, communications, digital experience, resources, and outreach activities. This may include tailoring content, improving navigation and accessibility, understanding user needs and preferences, and determining which general resources, updates, or service-related information may be most relevant to you.

We may also communicate with you, where permitted by applicable law, regarding the Platform, service updates, changes to our Services, new features, educational or informational resources, community initiatives, events, surveys, and other communications related to our mission and activities. We will not use your personal information or personal health information in marketing materials themselves, and where required by law, we will obtain consent before sending commercial electronic messages. You may unsubscribe from non-essential communications at any time by using the unsubscribe mechanism included in the applicable message or by contacting us as set out below.

For other purposes. We may use your personal information to protect our rights, property and safety and those of our employees, users and the public, to detect and prevent fraud, and to comply with legal requirements.

We will only retain your personal information for as long as reasonably necessary for the above purposes or as required by law. Once no longer required, your personal information will be securely destroyed or anonymized, in compliance with applicable laws.

Please note that some of your personal information and PHI cannot be deleted due to statutory retention requirements. For any deletion request, please follow the deletion request procedure in the Platform or contact us at , and we will let you know if we can accommodate your request.

We will not disclose or share your personal information without your consent to any company or person other than as authorized by law or as follows:

Our health services providers who offer Services via the Platform. Health services providers who offer Services on the Platform may have access to your personal information (including your PHI in the case of health services providers), when necessary to enable them to provide their services and comply with their legal and regulatory obligations (for example, to identify you in order to initiate a consultation). In this respect, Daymark acts as a service provider or agent under Applicable Privacy Laws, and will accordingly only share this information on the direction of the health service provider. Daymark is contractually obligated to keep all such personal information confidential, use it only for purposes authorized by the health services provider, and to process the personal information using the standards set out in this Privacy Policy and in compliance with Applicable Privacy Laws.

Our service providers. We may share your personal information, including your PHI, with organizations that provide us with services for the purposes set out in this Privacy Policy including payment solution providers, backup and servers hosting solution providers or software and IT maintenance providers, data analytics providers, service providers who assist us with the authentication of individuals and with user engagement, creative marketing materials services, medical research and studies. Your personal information will never be included in marketing materials.

Other persons, when permitted or required by law. In certain circumstances, the law may allow or require us to disclose your personal information to others. For example:

• When required in the context of a prospective or completed business transaction, such as a transfer of assets or shares or merger, in accordance with applicable legal requirements. For example, we may make your personal information available to advisors or (potential) buyers of our organization if necessary for concluding the transaction and continuing operating the business;
• If such processing were in a way that it would not directly identify you, such as through aggregate information;
• To comply with any court order, law, or judicial proceeding, including to respond to any governmental or regulatory request, in accordance with applicable laws, including in cases of alleged or actual breach of privacy; and
• To enforce our Terms of Use and other agreements, including for billing and collection purposes.

We have implemented physical, organizational, contractual and technological security measures in an effort to protect your personal information and reduce the risk of loss or theft, unauthorized access, disclosure, copying, misuse or modification of your personal information. These measures include restricting physical access to our offices and records, restricting access to your personal information to only those employees or agents who require access to fulfil their responsibilities, and restricting unauthorized access, disclosure, use and misuse of your personal information in our custody and control. We also periodically update and review such security measures.

Our goal is to prevent unauthorized access, loss, misuse, sharing or alteration of personal information in our possession. We also use these safeguards when we dispose of or destroy your personal information.

We maintain policies and practices which ensure the protection of your personal information. Depending on the volume and sensitivity of the information, the purposes for which it is used and the format in which it is stored, we implement a combination of measures to protect your personal information, including:

• Internal policies and procedures that define the roles and responsibilities of our employees throughout the information life cycle and limits their access to such information on a “need-to-know” basis;
• If information is collected or stored in electronic format, technical safeguards such as encryption, firewalls, antivirus software and similar measures;
• A designated privacy officer to monitor Daymark’s compliance with applicable data protection laws;
• Employee privacy and data security training;
• Procedures for receiving, investigating and responding to complaints or inquiries regarding Daymark’s information handling practices, including any security incidents involving personal information;
• Framework governing the retention and destruction of personal information, as more fully described above in the “Retaining Personal Information” section of this Privacy Policy;
• Contractual protections and other measures to ensure that service providers with whom we share personal information maintain adequate privacy protections and standards. For example, we generally require our service providers to limit their use and retention of personal information to what is necessary to provide their services and to notify us in case of any actual or suspected security incident. We also try to monitor and audit their compliance with these requirements in various ways (e.g. on-site inspections (if feasible), surveys and interviews, proof of certification).

The safety and security of your information also depend on you. Where you have chosen a password for access to certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

We endeavour to store and process your personal information in Canada wherever possible. However, your personal information may be transferred, stored, accessed, or used in a jurisdiction outside your jurisdiction of residence (for example, outside your province or outside Canada) in connection with our use of third-party service providers engaged by us. We engage these third-party service providers to assist us in providing our services to you; for example, in order to process payment, fulfil product orders, provide e-commerce functions, or manage our communications with you.

We use commercially reasonable efforts to ensure that all of our third-party service providers take reasonable security measures to protect your personal information (this includes technical, administrative, and physical safeguards to protect your personal information). We use commercially reasonable efforts to ensure our service providers only use your personal information for authorized purposes we have made known to you or which are otherwise permitted by applicable law.

Where personal information is located outside of your province of residence or outside Canada, it is subject to the laws of that jurisdiction which may differ from those in your jurisdiction and any personal information transferred to another jurisdiction will be subject to law enforcement, regulatory, and national security authorities in that jurisdiction. Subject to these laws, we will use commercially reasonable efforts to maintain contractual protections that are at least equivalent to those that apply in Canada.

Depending on the law applicable in the jurisdiction where you reside and subject to legal or contractual restrictions, you may be entitled to:

• Withdrawal of your consent. Your access and use of the Platform is completely voluntary. Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at . Please note that if you withdraw your consent, we may be unable to provide you with a particular product or service and you may not be able to access the Platform anymore.
• Access and correct your personal information. It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to the personal information that we hold about you. You can review and change your personal information by logging into the Platform’s account profile page. If you want to review, verify, correct, or withdraw consent to the use of your personal information, you may do so directly through the Platform. You may also send us an email at to request access to or correct any personal information that you have provided to us. Please note that to correct certain information you may need to contact your healthcare provider, in which case we will let you know to contact your healthcare provider to make the change.
• Request information on automated processing of personal information to render a decision. Where we use automated processing to render a decision about you, you can obtain information on the personal information used to render the decision (and request that this information be corrected) and the reasons, principal factors and parameters that led to the decision.
• Request additional information about data processing. You can request additional information about data processing, including the personal information collected and how it is processed by us.

To submit a request, please contact us in writing using the relevant contact information listed in the “Contact Us” section below.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable Privacy Laws may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

You can contact us at the address and email found below if you wish to ask questions, express concerns or submit a complaint regarding this Privacy Policy.

To ensure that your personal information is accurate, complete and up-to-date, you may contact us or log into your account (if applicable) if any changes or modifications are required. You may also send us a written request if you wish to access the personal information we have collected about you. Please be advised that in order for you to modify, access or review your personal information, we may ask you to provide us with sufficient identification.

In all cases, we will generally attempt to answer your request within thirty (30) days or we will advise you if we require a longer response time.