Overview

https://avail.app (the App) is owned and operated by RightBlue Labs Inc. ("RBL"). RBL is committed to protecting the privacy of users of the Avail app. All customer data collected through the Avail app is governed by this policy.

The RBL Privacy Policy is compliant with federal and provincial privacy laws including the Health Insurance Portability and Accountability Act (HIPAA); the Personal Health Information Protection Act (PHIPA), the Personal Information Protection and Electronic Documents Act (PIPEDA), and equivalent provincial legislation, and has incorporated the fundamental principles recommended by the Canadian Standards Association under the Model Code for the Protection of Personal Information.

Collection, Use, and Disclosure of Information

"Personal Information" is personally identifiable information and can include your name, address, date of birth, phone number, e-mail address, and personal well-being details.

Personal Information is collected by the Avail app when you specifically and knowingly choose to provide it by entering it into the App.

The App collects, holds, and uses your personal information primarily for the purpose of providing you with the services that the app offers. These services may include providing digital journaling and well-being tracking functionality, messaging, file sharing, organizational management functionality, assistance in the provision of healthcare; actionable reports and alerts for you, as well as other authorized users such as Care Providers. The information collected is the minimum required to fulfill the purposes. The information RBL holds may include check-in logs/entries, well-being information, activity information, injury information, sickness information, ailment information, quality of life information, messages, files uploaded, correspondence, contact information, and analyses of other information held.

You can choose to add connections to your account, which will allow select Recipient to access your well-being insights and be alerted when your health status changes. Your account will not add connections without you first expressly providing your consent. You can remove connections at any time directly from the Connections tab within the App.

RBL has no control over the access of your Personal Information by connections as long as they remain a connection.

The Recipient's Parent Organization does not have access to any individual’s Personal Information, and may only see high-level trends regarding the the recipients scores as part of a group with at least 10 or more active users. Groups that have less than 10 users in a day will not display any information for the organization on its members as so further protect the anonymity of each user. We will use your email address to send you updates, reminders, and other information relating to your use of the App. If you indicate that you are interested in receiving information from the App, your Personal Information will be used to contact you or to send you materials via e-mail and other mailings. Anonymous or "non-personal" information gathered by the app may be used for technical, research and analytical purposes. For example, your IP address may be used for analytical purposes.

RBL will seek your consent, as required by applicable privacy legislation, prior to the collection, use and disclosure of your Personal Information. Subject to legal and contractual requirements, you can refuse to consent to the App’s collection, use or disclosure of information about you. You may also withdraw your consent to any further collection, use or disclosure of information about you at any time by deleting your account.. Your Personal Information will not be used for any other purpose without your explicit consent.

To ensure that RBL efficiently provides the Services, , RBL may share your Personal Information with selected partners who are acting on our behalf as suppliers or Care Providers. Such parties are provided with only such information as is necessary. Personal Information may be used only for the purpose stipulated and is subject to strict terms of confidentiality. RBL represents that it - and any third party that provides server computers that host the Avail app - is compliant with HIPAA, PHIPA, and PIPEDA, or is compliant with laws providing the same level of privacy protection. "Health information" is defined by the applicable legislation, e.g., PHIPA, HIPAA. (See http://www.hipaa.com/hipaa-protected-health-information-what-does-phi-include/ for the definition of health information under HIPAA; see

http://www.canlii.org/en/on/laws/stat/so-2004-c-3-sch-a/latest/so-2004-c-3-sch-a.html#sec4_smooth for the definition of health information under PHIPA). You consent to your health information and other Personal Information being released to and made available to RBL and the Avail app, by yourself and/or by any other person who has access to it. You further consent to your health information and other Personal Information being released to and made available to RBL's suppliers and service providers when RBL deems such release is required in order to fulfill the purposes identified above. A list of what Personal Information is made available to RBL’s suppliers, service providers, and subsidiaries is available upon request. Furthermore, you consent to RBL releasing and making available your health information and other Personal Information to any person whom you (have) authorize(d), e.g., by granting them permissions to your information using the Avail app’s built-in permission granting functionality.

All Avail app users are required to abide by the applicable legislation (e.g., PHIPA or HIPAA). You acknowledge and consent to this.

By using our website(s) or the Avail application, you agree to RBL's Privacy Policy. If you do not agree to this policy, please do not use our sites or apps. Your continued use of the RBL site or app following the posting of changes to these terms will mean you accept those changes. RBL reserves the right to change, update, or modify its Privacy Policy at any time without notice, and by using our site or app, you agree to the privacy policy in place at that time. RBL will inform you prior to new uses of your Personal Information.

Retention

RBL has procedures that govern the retention of both your Personal Information and other data. Your Personal Information will be retained when you are a customer or for a reasonable time thereafter, or as required by relevant statutory, regulatory or contractual requirements.

When you ask for your account to be closed, and RBL is no longer required to retain your Personal Information, we will automatically anonymize your account data. You may also request that we close your account and securely delete your Personal Information.

Use of Cookies

The Avail app uses a browser feature called a "cookie" to maintain information about your current connection to the app. A cookie is a small text file that is placed on your hard disk. "Cookies" contain a unique identification number that identifies your browser, but not you, to our systems each time you visit our app. RBL does not collect any Personal Information about you through cookies nor can a cookie carry damaging software such as malware.

There are two types of cookies in use with the Avail app which include:

Session based cookies – Only used for the length of time you are connected to the app and expire when you disconnect.

Persistent based cookies – Are more permanent in nature and can be re-used when you return to the app from the same computer.

The use of cookies is an industry standard and many major browsers are initially set up to accept them. You can reset your browser to either refuse to accept all cookies or to notify you when you have received a cookie. However, if you refuse to accept cookies, you will not be able to use some features of our app.

E-mail

When you send us an e-mail or when you ask us to respond to you by e-mail, RBL collects your exact e‐mail address and any information you have included in the e-mail message.

RBL uses your e-mail address to provide the services offered by our app, acknowledge your comments and/or reply to your questions, and we will store your communication and our reply in case we correspond further.

Remember that e-mail sent over the Internet is generally unencrypted and transmitted in clear text. RBL recommends that you use caution when forwarding free-format e-mail messages to us and that you do not include confidential information (such as unique user IDs, passwords or Personal Information) in those messages. Confidential information should be transmitted to us through other secure methods as using the in-app messaging feature.

Accuracy

RBL will try to ensure that information about you is accurate, complete and up-to-date. You can also modify, change, or correct your information within the app by going to ‘More’ > ‘Profile’.

You can also inform RBL of any change to your information by contacting the Privacy Office.

Security

RBL is committed to protecting your privacy. Security measures such as restricted access to offices and and the use of passwords and encryption have been adopted to protect your Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

RBL takes commercially reasonable security measures to protect the confidentiality and security of your Personal Information. Data, including your Personal Information, is hosted on secure servers. Our employees have been trained to respect your privacy. Those employees with access to your Personal Information shall use your Personal Information strictly in accordance with the RBL Privacy Policy and the laws applicable to our business.

Access

If you have any questions, concerns, complaints, or requests about the collection, use, correction, or disclosure of your Personal Information by RBL, or if you simply want to know whether we have any of your Personal Information on file, you may contact our Privacy Office. Except in limited circumstances, as specifically provided by applicable privacy legislation, RBL can tell you whether we hold Personal Information about you.

RBL will only refuse access to information about you in those circumstances permitted or required by applicable privacy legislation. If RBL refuses access to you, it will provide you with the reasons for its refusal upon request. Exceptions may include information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege. RBL will respond to your requests for access in accordance with applicable privacy legislation.

Questions or Concerns

If you have any questions or concerns about your Personal Information held by RBL or about the compliance by RBL with RBL Privacy Policy, please contact our Privacy Office.

By email:

[email protected]

By mail:

Privacy Official

c/o RightBlue Labs Inc.

720 King St W., Suite 520, M5V2T3, Toronto, Ontario, Canada

RBL has procedures in place to receive and respond to complaints or inquiries about its handling of Personal Information. The complaint procedures can be provided to anyone who makes inquiries or lodges complaints upon request.

Further information about RBL’s privacy/security-related policies and procedures is available upon request.

If you are not satisfied with the response from our Privacy Office after making a complaint, you may have recourse to additional remedies under applicable privacy legislation (for example, Canadians can follow the instructions on how to file a privacy complaint available on the website of the Office of the Privacy Commissioner of Canada).