Privacy Policy

Updated 06/2021

INTRODUCTION AND DEFINITIONS

Welcome to SpotCare!

Before using our sites, please read our privacy policy carefully.

When you use SpotCare (DigiPharm Health Inc.), our partnering medical clinics and our pharmacy partners, partnering pharmacies (hereafter, “SpotCare”), in all respects you trust us with your personal data. In this document the terms “we”, “our” “us” or “SpotCare” refers to: SpotCare, DigiPharm Health Inc., our partnering medical clinics and our pharmacy partners. We’re committed to keeping that trust. That starts with helping you understand our privacy practices. This notice describes the personal data we collect, how it’s used and shared, and your choices regarding this data.  

If you have any questions or concerns after reading this, please email our privacy officer: privacy@spotcare.ca.  

For the purposes of this Privacy Policy:

  • "Content" means any expression fixed in a tangible medium and includes, without limitation, ideas, text, comments, video, audio, images, graphics, designs, drawings, animations, logos, trademarks, copyrights, information, data, software, scripts, tasks, activities, badges and ranks, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the Site and/or Services.
  • "Minor" means a person under the age of majority in the jurisdiction where the dispensing pharmacy is located.
  • "Patient Representative" means a person who is authorized to act on the patient's behalf to manage the patient's prescriptions and Services.
  • “Services” means all services made available by SpotCare, including but not limited to services accessed through the Content or the Site.
  • “Site” means www.SpotCare.ca, its related webpages and sites (including, without limitation, any mobile optimization website).
  • "User Generated Content" or "UGC" means any Content whatsoever that a user, including you, submits, creates, uploads, transfers, or otherwise makes available by access to the Site or through the Services, including but not limited to messages, information, images, data or in-media screen shots, video, audio or other Content posted in any public or private area within the Site or through the Services.

USERS AND CONSENT

SpotCare is open and free to use for all Canadian consumers (aged 18 years and older). SpotCare website and services are intended for adults and do not address or knowingly collect information from anyone under the age of 18. If we discover that anyone under the age of 18 has provided their personal information, we will take all necessary steps to delete these accounts and information immediately. When you sign up with SpotCare for the first time, we will ask for your permission to access your phone camera and your phone’s images gallery. We will use these services to share images of your prescription, insurance information or credit card information with our pharmacy partners and authorized third party service providers.

By using SpotCare, our website, and pharmacy services provided by our pharmacy partners you consent to the collection and use of your personal information by SpotCare and our pharmacy partners in accordance with this Privacy Policy. We only collect information that you voluntarily provide to us, except where otherwise permitted or required by law or regulatory requirements.

Users are allowed to deactivate SpotCare services at any time and withdraw consent to provide personal information. However, we will still have to retain records of services provided to you in order to comply with regulatory requirements.

TYPES OF INFORMATION WE COLLECT

There are two types of information we may collect through your access to and use of the Site, Content and/or Services:

(a) “Personal Information” means information about an identifiable individual (including any “Personal Information” as such term is defined in the Personal Information Protection and Electronic Documents Act, Canada or the Personal Information Protection Act, British Columbia). Personal Information may include, but is not limited to, a person’s name, email address, residential address, precise geolocation information (i.e., your specific location), telephone number, date of birth, care card or provincial personal health number, medication and prescription information, information regarding allergies, medical history, gender, insurance information, payment card information, transaction history, other billing information, occupation, employment status, and in some cases, user name. When signing up for health-related services or ordering prescription drugs, Personal Information may also require you to provide certain physical and mental health information, including but not limited to personal and family medical history information, details of your existing medications, existence of drug allergies, medications requested and prescription information, the name of your primary physician and his or her contact information, your provincial health number and any private health benefits number or account information.

(b) “Non-Personal Information” means information that does not identify you and cannot be used to contact you personally and may include your date of birth, age, gender, postal code and non-precise geolocation information (e.g., your city). Non-Personal Information also includes “Usage Data” which is anonymous data associated with your computer, mobile device, and/or media system platform, that includes, in-media time, activities, purchases, badges and ranks.

(c) Social Media Sites. If you choose to connect to our Site and/or Services through a third-party social network such as Facebook, Facebook Messenger or WhatsApp we may collect information from your profile on such third-party social networks, such as your name, username, photograph, gender and date of birth.

(d) When you or your Patient Representative make purchases through our Site and/or Services, our payment processor will collect your credit card information.  We do not collect or store your credit card information.   Other information, such as your insurance information, policy numbers and group plan information will be stored and processed by us or any pharmacy software provider we may partner with to get.

(e) Geo-location data such as physical location determined from your IP address or mobile device’s GPS feature provided these settings are enabled.

(f) Identifiers such as IP address, device identifiers, unique identifiers, online identifiers, access dates & times, crash logs, device event information, cookie data or other similar identifiers.

(g) Usage information such as the SpotCare pages viewed, functionality used and other actions performed on the SpotCare platform.

(h) Inferences such as any inferences drawn by compiling data and creating customer profiles (e.g demographics, behaviour etc.)

(i) Payment transaction information such as credit card type, data/time of transaction, payment amount, insurance information, and other related details necessary to complete online transactions.

(j) Do Not Track (DNT). Do Not Track (DNT) is a privacy preference that users can set in their web browsers allowing users to opt out of tracking by websites and online services.  At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals, and, therefore, SpotCare   does not recognize DNT.

(k) Cookies: SpotCare in common with many web site operators, may use standard technology called "cookies" on its Sites. Cookies are small data files that are downloaded onto your computer when you visit our website so we can track your interests and recognize you as a returning visitor. A cookie does not store personal information. You can disable cookies by turning them off in your browser; however, some features of the site may not function properly if you do so.

(l) Push Notifications: If you choose to enable push notifications, we may use your information such as a device ID or email address in order to send push notifications to your device.

(m) Messaging: You may communicate with your local pharmacy via SMS. You are responsible for the privacy of the information shared in SMS messages with your pharmacy. If you would like to stop receiving messages, simply reply “STOP”.

We only allow access and disclose Personal Information in accordance with the Canadian Personal Health Information Protection Act (PHIPA). The choice to provide us with Personal Information and Non-Personal Information (notwithstanding Usage Data) is yours. If you do not wish to have SpotCare collect your Personal Information using our Site, Content and/or Services, you can choose not to provide it. However, your decision to withhold particular details may limit the Services we are able to provide and make it more difficult for us to advise you or suggest appropriate alternatives to our Services. If we are unable to accommodate your requests based on the information that you have provided, we may ask for additional information so that we may better accommodate your needs.

Security

Your security is of paramount importance to us, and we follow generally accepted industry security standards to protect your data. All data will be encrypted in motion and at rest.

As required by applicable privacy laws, SpotCare and our pharmacy partners have implemented reasonable physical and technical measures to protect the information we collect or are provided with from unauthorized access and against loss, misuse or alteration by third parties. Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers" from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Only authorized SpotCare employees, and our pharmacy partners will have access to your personal information. They will only use this information to efficiently fulfill SpotCare services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY GUARANTEE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION.

For further information on how we safeguard information we collect or are provided with, contact us via email at privacy@spotcare.ca.

YOUR ACCOUNT:

  1. Passwords: Your SpotCare account and personal information is protected by your password. Do not share your password with anyone. SpotCare employees and your local pharmacy will never ask for your password.
  2. Updating account information: You can update your personally identifiable data within you SpotCare account by updating it via the website or by contacting us by email at hello@spotcare.ca. We may take up to 15 business days to process your request.
  3. Deleting your account: you have the right to request that SpotCare and our pharmacy partners deletes any personal information collected, subject to certain exceptions. To exercise your right to be forgotten please contact us by email at hello@spotcare.ca or call your local pharmacy. We may take up to 15 days to process your request. We may still retain personal information to the extent necessary in order to comply with legal and regulatory requirements (for example, tax and audit purposes). We may also retain personal information to the extent necessary to protect against and prosecute malicious, illegal and fraudulent activity.
  4. Data Retention: SpotCare and our pharmacy partners will store your personal data as long as we believe is necessary to provide you with SpotCare services or as to comply with applicable laws.

GOVERNING LAW

Those who choose to use or access the Site and/or Services from outside British Columbia, Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each viewer and user shall comply with all local rules regarding online conduct and submission of acceptable materials. This Privacy Policy is governed and interpreted pursuant to the laws of the laws of the applicable province where your dispensing pharmacy is located and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction, and you accept and submit to the exclusive jurisdiction of the courts located within the province where your applicable dispensing pharmacy is located.

LIMITATIONS OF LIABILITY

In no event or circumstance will DigiPharm Health Inc. SpotCare, our pharmacy partners or be liable for any indirect, punitive, incidental, exemplary or consequential damages that result from the use of or inability to use the SpotCare and/or SpotCare services. These exclusions apply to loss of profits, good will, lost data, any other commercial damages, negligence or malpractice, even if SpotCare has been advised of or should have known the possibility of such damages. You assume total responsibility for the use of the website and SpotCare services. Your sole remedy against SpotCare for any dispute is to stop using the website and system and the cancellation of all SpotCare services.

QUESTIONS OR COMMENTS

We welcome questions or comments about this Privacy Policy. Please direct any questions or comments to the individual below who oversees SpotCare's compliance with privacy requirements. You may contact our Privacy Officer at: privacy@spotcare.ca