HIPAA - HIPAA (Health Insurance Portability and Accountability Act of 1996) is United States legislation that provides data privacy and security provisions for safeguarding medical information.
PHI - Protected health information (PHI) under the US law is any information about health status, provision of health care, or payment for health care that is created or collected by a Covered Entity (or a Business Associate of a Covered Entity), and can be linked to a specific individual.
Collection of Information
Two types of information may be collected by your use of our Websites and WEBsultantApp and/or our Services: Personal Information and Non-Personal Information.
"Personal Information" means personally identifiable information, such as your name, address, e-mail address and date of birth.
If you are a User accessing our Websites or downloading WEBsultantApp or using the Service, we will ask you for your name, email address, phone number and other registration or profile information. We may also collect any additional Personal Information, including, but is not limited to: location data, payment information and any other information you may voluntarily provide us or make public while using the Services. We may also collect Personal Information from time to time through other communications with you, information downloads, product or service purchases, user support and surveys.
"Non-Personal Information" is information of an anonymous nature, such as an Internet Protocol Address (IP Address), the domain used to access the site, and the type and version of browser or operating system being used. Aggregate information, such as demographic statistics of our users (e.g. average age or geographical allocation of our users), number of visitors, what pages users access or visit, average time spent on the Websites or in WEBsultantApp, and information volunteered by the user, such as survey information, is also considered Non-Personal Information. Business contact information such as the name, title, business address or telephone number of a business or professional person or an employee of an organization is not considered Personal Information.
As you use the Websites, WEBsultantApp and Services, we may automatically collect certain information including: (i) information about your equipment, your device type, your wireless phone carrier and your individual device ID; (ii) your general use of the Websites and / or (iii) details of your use, including traffic data, location data, logs and other communication data and the resources that you access using the Websites and / or WEBsultantApp; and (iv) information about your device and internet connection, including your IP address, operating system, device and browser type.
The information we collect automatically is statistical data. It helps us to improve the Websites, WEBsultantApp and Services.
Use of Personal Information
We may use your Personal Information in various ways, including but not limited to: (i) providing optimum services to you including, but not limited to, processing any bookings and payments; (ii) to provide you with information, products or services that you request from us; (iii) to provide you with marketing communications; (iv) to monitor the use of the WBSI services; (v) to collect and process fees; (vi) to help verify your identity; (vii) to authorize credit card payments; or (viii) where you are a Driver or Merchant, to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
Disclosure of Information
We may share or disclose non-private, non-personal, or aggregated information about our users without restriction.
i. to contractors, service providers, any suppliers, subcontractors (including payment providers) and other third parties we use to support our business and who are bound by contractual obligations to keep such Personal Information confidential and use it only for the purposes for which we disclose it to them;
iii. to third parties to market their products or services to you if you have consented to or not opted out of these disclosures. We contractually require these third parties to keep Personal Information confidential and use it only for the purposes for which we disclose it to them;
iv. for any other purpose disclosed by us when you provide such Personal Information;
v. with your consent;
vi. if we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation or in order to enforce or apply the Driver Terms of Service, the WBSI Enterprise Terms and Conditions of Service, and all other agreements, including for billing and collection purposes;
vii. to comply with any court order, law or legal process, including to respond to any government or regulatory request;
viii. if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of WBSI, our customers or others, or to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical or legally actionable activity. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk protection.
You should take care when using any WBSI social networking features since the information you choose to make available can be seen by other users in the selected group. We do not monitor the use of such features in the normal course of business although we reserve the right to do so at our discretion.
You assume all responsibility for any loss of privacy or other harm resulting from your voluntary disclosure of your Personal Information.
WBSI will not distribute information in a manner that personally identifies Client or its Customers, or that would otherwise violate applicable laws, such as HIPAA. If Client and WBSI have entered into a BAA, Gata Labs will use the information only in conformity with the terms of such agreement.
Law & Compliance
Our servers are located in the United States as well as Canada and any of your Personal Information may be available to the government or government agencies in the USA and your information may be accessed by the US government or agencies under a lawful order, irrespective of the safeguards we have put in place for the protection of your Personal Information.
Outside Parties & Sites
WBSI uses commercially reasonable efforts to ensure that your Personal Information is stored and maintained in a secure environment. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
WBSI agrees to maintain physical, technical and organizational measures designed to secure its systems from unauthorized access, use or disclosure. If Client is a Covered Entity or Business Associate, as defined in HIPAA, WBSI and Client agree to the terms of WBSI Business Associate Agreement (“BAA”) (available upon request), which may be amended from time to time, and to secure and utilize PHI in accordance with the BAA. WBSI takes no responsibility and assumes no liability for any Client Data other than its express security obligations in this Section.
WBSI will keep your Personal Information for as long as necessary in connection with the purposes identified in Section 3 or as required by law, which may extend beyond the termination of our relationship with you. You must notify WBSI if you no longer want your information to be retained by us.
You acknowledge and agree that if you request that your name be removed from our databases, it may not be possible to completely delete all your Personal Information due to technological and legal constraints.
Access & Accuracy
You can access the Personal Information we hold about you by sending us an e-mail via contact us feature available on www.websultant.ca We will advise you in advance of any charges for copies of your file. We may be unable to provide you with some information in certain circumstances, such as if the information also refers to other individuals, is subject to legal privilege, contains confidential information, cannot be retrieved using your name or account number, or as otherwise permitted or restricted by law. If you wish to notify us of any changes to your Personal Information, or if you believe that any information we hold about you is inaccurate or incomplete, please send us an e-mail with the corrections.
Amendment of this Policy
Last Updated: January 20, 2020