Last Updated: July 7, 2022
We collect and maintain different types of Personal Information in respect of the individuals with whom we interact. This includes:
- contact and identification information, such as your name, address, telephone number and e-mail address;
- your physical location;
- your profile picture;
- information about your interactions made through our services, including personally identifiable health information you may discuss while using our services;
- Personal Information, including personally identifiable health information, medical diagnostic information, and treatment information, which is in your control as a custodian or analogous role, under applicable law.
You may be asked to provide us with certain information that is Personal Information or your Personal Information may otherwise be collected by us when you register to use the iTransplant Products, when filling in forms on the iTransplant Products, when you report a problem with the iTransplant Products (in which case TC may keep records and copies of your reports), and at other times. The decision to provide this information is voluntary, but if you choose not to provide the requested information, you may not be able to use certain features of the iTransplant Products and some functionalities of the iTransplant Products may not work properly.
TC may also automatically collect Personal Information when you use the iTransplant Products. With your permission, which you may withdraw at any time, you may provide to us or allow us to (i) collect your contact lists and/or address book data, (ii) share your contact list contact information with other users of the iTransplant Products, and (iii) share with you the contact information of other users of the iTransplant Products, in each case to allow us to connect you to other users of the iTransplant Products, organize users into appropriate user groups, and enable you to communicate directly with one another through the iTransplant Products’ secure online messaging system. To do this and to make sure we give users the most up-to-date information, we will periodically check for updates to your contact lists and/or address book data and we may indicate who of your contacts and connections are also users of the iTransplant Products, and likewise, we may indicate to your contacts and connections the same regarding you. You consent to providing your contacts and connections to other iTransplant Product users, and you represent and warrant to us that you have all necessary consents and authorizations from your contact and connections to share the contact information with other users of the iTransplant Products and otherwise provide, share and use the information you provide via the iTransplant Products. You agree to indemnify us and our affiliates and our respective officers, directors, shareholders, predecessors, successors in interest and assigns, employees, contractors, agents, representatives, licensors and suppliers from and against any and all claims, charges, actions, complaints, damages, losses, deficiencies, liabilities, judgments, settlements, interest, awards, penalties, fines, costs and expenses of any kind whatsoever (including attorneys’ fees and experts’ fees) due to, arising out of, or relating in any way to any such information you submit, transmit, or make available through the iTransplant Products for sharing with other iTransplant Product users.
2. Usage Data. TC uses technology to automatically collect usage information regarding how users access and use the iTransplant Products (“Usage Data”). For example, when you are using the iTransplant Products, we may automatically collect certain details of your access and use, including without limitation, traffic data, location data (real-time information about the location of your device), logs, and other communication data as well as the resources, features and functionalities that you access and use on or through the iTransplant Products. We may also automatically collect information about the type of device you use, the unique device identifier, internet connection, IP address, operating system, web browser type, network information, phone number, the pages you view, and the time and duration of your visits or sessions. We may use this information to analyze trends, administer the iTransplant Products, troubleshoot any user problems, and to enhance and update the iTransplant Products. You can choose whether to allow the iTransplant Products to collect and use real-time information about your device’s location through the device’s privacy setting. However, if you block the use of location data, some parts of the iTransplant Products may be inaccessible or may not function properly.
3. Message Data. The iTransplant Products allow for secure online messaging between and among users of the iTransplant Products. When you send or receive messages using the iTransplant Products, TC may temporarily process and store your messages (“Message Data”) to provide features and functionalities of the iTransplant Products to you. When such uses of Message Data end, we will permanently delete that piece of Message Data and it cannot be thereafter retrieved by TC, except with respect to those users who have paid separately for TC to archive Message Data. Additionally, certain organizations with Enterprise Accounts (as defined in the EULA) can elect to have all Message Data archived on their own servers upon a fully-executed agreement providing for such archiving.
5. TC’s Use of Collected Information. We use and process the Personal Information we collect to:
- provide you with the iTransplant Products and their contents, and any other information, products or services that you request from us, or technical support related thereto;
- fulfill any purpose for which you provided the Personal Information or for any purpose disclosed by us at the time of collection and to which you consent;
- send you notices or otherwise contact you about your account or the iTransplant Products;
- carry out our obligations and enforce our rights arising from any contracts entered into between you or your employer, on the one hand, and TC on the other hand, including but not limited to, billing and collection;
- notify you when updates, new releases, patches and the like are available, and notify you of any changes to any products or services we offer or provide through the iTransplant Products;
- connect you with other users of the iTransplant Products; and/or
- improve the iTransplant Products by enabling us to estimate the size of our audience as well as usage patterns, store information about your preferences, thereby allowing us to customize the iTransplant Products according to your preferences, recognize you when you use the iTransplant Products, speed up communication, and identify potential contacts to invite to use the iTransplant Products;
- allow us to use Analytics Services (as defined below);
- verify and authenticate your identity; and/or
- comply with internal policies and procedures and other legal, accounting, or security requirements.
6. TC’s Disclosure of Personal Information.
We may disclose your Personal Information for the purposes as described in this Policy to:
- our employees and contractors;
- our business partners; and
- our service providers including online hosting providers, and customer service agencies.
Additionally, TC reserves the right to cooperate with government and law enforcement officials to enforce and comply with the law. We may, therefore, disclose Personal Information, Usage Data, Message Data, and any other information about you, if we deem that it is reasonably necessary to:
- satisfy any applicable law, regulation, legal process (such as a subpoena or court order) or enforceable governmental request;
- detect, prevent, or otherwise address fraud, security or technical issues; or
- protect against harm to the rights, property or safety of TC, its users or the public as required or permitted by law.
We may also disclose information we collect to any of our subsidiaries and affiliates now and in the future; and, in accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by us about our iTransplant Product users is among the assets transferred.
From time to time, TC may establish relationships with other businesses (for example, we may contract with third-party service providers to provide hosting and maintenance or other services) that TC believes are trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”). We provide our Service Providers with only the Personal Information necessary for them to perform these services and each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, to protect your Personal Information and Message Data from unauthorized access, use or disclosure. Service Providers are prohibited from using Personal Information or Message Data in any manner other than as specified by TC. Please note that we may change or add Service Providers at any time, in our sole discretion, either in Canada or elsewhere. We encourage you to reference this Policy from time-to-time, to obtain updated information. Given the nature of cloud services, Personal Information may be stored outside Canada, anywhere in the world, and may be accessible to foreign courts, law enforcement and national security authorities in the jurisdiction(s) where it is transferred or stored.
TC will not disclose information communicated via the iTransplant Products, including without limitation, individually identifiable health information (including “Protected Health Information” as defined under 45 C.F.R. § 160.103) (“PHI”) to any third party if to do so is legally prohibited. Notwithstanding the foregoing, the iTransplant Products are intended to allow lawful communications, including of PHI, between users of the iTransplant Products to facilitate the provision of health services (namely, organ, tissue and eye donation and transplantation) in compliance with exemptions to applicable health information law requirements (including HIPAA). As a result, PHI may be disclosed, communicated or processed through the iTransplant Products in connection with such purpose.
8. Protection of Collected Information. TC is committed to protecting the security of Personal Information (including PHI) and employs rigorous security measures designed to protect such information from accidental loss and/or unauthorized access, use, alteration, or disclosure. However, regardless of efforts, no data transmission over the Internet or other network can be guaranteed to be 100% secure, and the safety and security information also depends on you. As such, we cannot and do not guarantee the absolute security of any information you access or transmit on or through the iTransplant Products, and any information you transmit is sent at your own sole risk. You are responsible for keeping the password for access to the iTransplant Products (regardless of whether you have chosen the password yourself or whether it was assigned to you) strictly confidential and you must not share your password with anyone. You also acknowledge that your account for the iTransplant Products is exclusive and personal to you and agree not to provide any other person with access to the iTransplant Products or any part of it using your account, username, password, or other security information. You agree to notify TC immediately of any unauthorized access to your account, use of your username or password, or any other breach of security. You should use caution when accessing and using the iTransplant Products on your device and never leave your device unattended without first exiting from your account so that others are not able to view, access, record, copy or store your password, any PHI communicated via the iTransplant Products, or any Personal Information. You also agree to make sure that you exit from your account at the end of each session. As such, with respect to mobile devices, we strongly recommend that you enable and use a passcode to lock your mobile device when not in use and enable remote wiping of your mobile device in the event your mobile device is misplaced, lost, or stolen. Pursuant to various applicable laws, TC may be required to send you notices of security breaches or suspected security breaches that impact your Personal Information or PHI. TC will send you security breach notices to the email address that TC has on record for you, that is associated with your TC account, or otherwise designated by you to TC. Please note: many email systems have SPAM filters, so if you have one in place, you should check with your system administrator or available instructions to confirm that emails from us are not blocked by any filters (for example, by confirming that our TC domain name is a permitted domain name).
9. Information Storage. For users in the United States interacting with OPOs that are based in the United States, TC processes and stores all information in the United States. By using the iTransplant Products, you agree that the collection, use, transfer, and disclosure of your information and communications will be governed by the applicable laws of the United States. If you are not a resident of the United States your information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. By submitting your Personal Information to us you agree to the transfer, storage and processing of your information in the United States. If you are not a resident of the United States your information may be processed in [a foreign country] where privacy laws may be less stringent than the laws in your country. By submitting your Personal Information to us you agree to the transfer, storage and processing of your information in the United States.
11. Aggregated and Non-personal Information. We may share aggregated and non-Personal Information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising via the iTransplant Products or other services and on websites of third parties. We may combine non-Personal Information we collect with additional non-Personal Information collected from other sources. We also may share aggregated information with third parties, including advisors, investors and others, for the purpose of conducting general business analysis. For example, we may share with any such parties the number of iTransplant Product users and the most popular features or services accessed or used in the iTransplant Products. This information does not contain any Personal Information or PHI and may be used for any purpose, including to develop website content, apps and services that we hope you and other users will find of interest and to target content and advertising.
12. Consent. We will collect, use and disclose your Personal Information only with your knowledge and consent, except where exempted, required or permitted by applicable laws. The form of consent may vary depending on the circumstances and the type of information being requested. Your consent may be express with clear options to say “yes” or “no”, such as by being asked to check a box to indicate your consent, or implied, such as when you provide us with your address through a form or email seeking information and we use those means to respond to your request. Your consent can also be provided by your authorized representative. Taking into account the sensitivity of your Personal Information, purposes of collection, and your reasonable expectations, we will obtain the form of consent that is appropriate to the Personal Information being processed. When we process your Personal Information for a new purpose, we will document that new purpose and ask for your consent again.
If you revoke your consent for the processing of Personal Information then you may no longer be able to make use of the iTransplant Products. In some cases, we may limit or deny your request to review or modify your Personal Information or revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address described below.
15. Retention. We generally retain your Personal Information only as long as necessary to fulfill the identified purposes of collection or to comply with applicable law. Otherwise we will endeavor to delete, erase, aggregate or make anonymous your Personal Information upon your request, when we no longer need it for the purposes it was originally collected or when it is no longer required to be retained by applicable laws. If you are a physician, you may access, amend, download, and erase your patients’ personal health information. TC may, but assumes no obligation to, retain a record of your Personal Information for a period of time required to achieve the purposes outlined herein.
16. Collection of Information Regarding Children. The iTransplant Products are not consumer products and are intended for use by individuals who are adults currently employed and working in the organ, tissue, eye, and/or biologics donation, transplantation, and/or research field and who, during their respective scope of work, are currently authorized to access and use the information provided in the iTransplant Products in their official respective working capacity. As such, TC does not knowingly collect or maintain the Personal Information of children under 13. No such minor, nor any parent or guardian as it relates to such minor, should submit such minor’s Personal Information to us through the iTransplant Products or otherwise for any reason and under any circumstances. If TC learns that we have collected any Personal Information of a child under the age of 13 without affirmative authorization under the CCPA or verifiable parental consent under the Children’s Online Privacy Protection Act (COPA) or other applicable privacy legislation, TC will promptly take all necessary corrective action. If you believe that we may have collected information of a child under 13, please contact us immediately at [TxSupport@invitahealth.com].