The words and phrases used in this Policy have the same meaning as in MDKonsult.com’s Terms of Service. You can also find a list of definitions at the bottom of this Policy or if you still have questions, contact our Chief Compliance Officer as indicated below.
Note that this Policy does not apply to the collection, use, retention, disposal, destruction, and protection of Information by Authorized Physicians. Authorized Physicians are subject to privacy legislation and professional requirements that govern their management of Information, including Information they collect, use and retain in the course of providing services through the MDKonsult Platform. Please feel free to ask any Authorized Physician to whom you are referred if you have questions about how he or she will treat your Information.
Collecting and using Information
MDKonsult collects and uses Information only as necessary to provide our services, including to develop, assess, and improve our services. We only collect Personal Information if non-identifying information will not suffice. We minimize our collection and use of Information to what is needed for these purposes. For example, we do not record the audio or video portions of interactions between Users and Authorized Physicians through the MDKonsult Platform.
As mentioned, Authorized Physicians are responsible for their collection, use, disclosure, retention, destruction and protection of Information. As a result, the following description is an overview only of the use generally made of Information for the purpose of providing services through the MDKonsult Platform. A particular Authorized Physician may or may not choose to collect or use Information as described below in connection with a particular interaction with a User.
Authorized Physicians may collect Information about you or any Registered Dependent (as defined below) when you provide it during a Healthcare Services consultation (e.g., verbally or in texts), by viewing the Information that you have entered or uploaded to the MDKonsult Platform and/or by creating or compiling Information in the MDKonsult Platform. Information that will be available to Authorized Physicians includes: the details that you provide in your consultation request; information you’ve entered or uploaded to profiles and medical records; information created during earlier interactions through the MDKonsult Platform with other Authorized Physicians; the name, email address, phone number, gender and date of birth and province/territory that you provided when you registered. Authorized Physicians use Information to provide you with Healthcare Services and/or Informational Services and, as with any physician, must comply with the privacy legislation and medical record-keeping obligations to which they are subject. Authorized Physicians may create Information such as prescriptions, sick notes and other notes about your interaction with them through the MDKonsult Platform. They may export or print copies of your Information that they collect.
Authorized Physicians collect and use Information that you provide in the course of obtaining Informational Services, by viewing the information that you have entered or uploaded to the MDKonsult Platform and by creating or compiling Information in the MDKonsult Platform. The Information that they collect and use includes: the details that you provide in your request for Informational Services and information that you provided to register to use the MDKonsult Platform (name, gender, date of birth and place of residence) to confirm your eligibility to receive Informational Services. Authorized Physicians are bound to comply with privacy legislation applicable to providers of Informational Services.
Provision of the MDKonsult Platform
- We collect and use your Information to register you and personalize your experience while using the MDKonsult Platform. We confirm your eligibility to use the MDKonsult Platform for Healthcare Services and/or Informational Services by asking you to confirm your place of residence and date of birth that you provide when registering.
- You may choose to enter or upload and store your Information in the MDKonsult Platform such as your medical records, and the name and contact information for your emergency contact.
- We use Information that you enter, or upload, or which is created as part of an interaction with an Authorized Physician to make it available to you when you access your User Account.
- We may use Information for loss prevention and anti-fraud purposes, and to comply with regulatory and legal requirements;
- We may use Information to help us create, develop, operate, deliver, support and improve the MDKonsult Platform, its content and advertising provided to you through it (MDKonsult’s and third parties’) unless you have decided not to receive such advertising.
- To request Healthcare Services, you describe applicable symptoms relevant to your request that you’re seeking to obtain a sick note. We facilitate your disclosure to the Authorized Physician of that information, along with age and gender to determine whether your request is eligible. We do not identify you, or, if applicable, the Registered Dependent for whom you’re seeking the Healthcare Services. Once the Authorized Physician confirms that your request is eligible, we identify the Authorized Physician to you. The MDKonsult Platform presents to the Authorized Physician the Information you provided in your consultation request, your name and, if applicable, the name of the Registered Dependent for whom you’re seeking the consultation.
- We use Information that you enter to provide you with services that you request us to perform on your behalf, e.g., securely faxing your prescription to your chosen pharmacy.
- We use your Information to text or email you to notify you about services that you request. For example, we notify you about the status of your consultations and other requests, such as prescription orders.
- We may collect location data through the use of GPS technology and your IP address where applicable to services you have requested, e.g., ensuring you are connected to an Authorized Physician or pharmacy that is licensed or authorized to provide such services in the jurisdiction where you are located.
Communicating with you
- Medical emergencies associated with requests for Healthcare Services. Should you submit Information about a medical issue, which is deemed an emergency by an Authorized Physician prior to their acceptance of your request for Healthcare Services, MDKonsult reserves the right to contact you at any time using any of the contact information you have provided. This contact is strictly for the purpose of informing you that an Authorized Physician has viewed your anonymized request and has declined the request based on their belief that your symptoms may represent a medical emergency.
- Updates and marketing. From time to time, we may send you service announcements, including policy updates and updates to our Terms of Service and software and keep you posted on our latest products and any upcoming events that may be of interest to you or apply to you. You may opt-out of receiving non-essential communications through the an unsubscribe link or similar in the communication you receive or by contacting us. For clarity, service announcements including updates to our policies and Terms of Service and software are not considered non-essential communications.
- Customer support. If you email, fax, write to us or complete a ‘contact us’ form on the MDKonsult Platform, we will collect the name and contact information that you provide to us and will use it to respond to you.
We only permit our Personnel to access Information to the extent necessary to perform their designated functions. We require them to protect the Information and maintain its confidentiality by complying with our policies, procedures and applicable law.
We will not disclose, share, sell or rent your Information with or to any third party (except to the extent we disclose to Authorized Physicians, emergency contacts and in compliance with regulatory and legal requirements as set out in this Policy), except with your consent, or to the extent necessary, in our good faith judgment, to: comply with applicable laws or regulations, respond to a subpoena, order, or similar obligation to produce information; establish or exercise MDKonsult’s legal rights or defend against legal claims; or investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or safety of any person.
We may disclose Information for the purposes of the due diligence required for or for the completion of a transaction such as a merger, acquisition or asset sale. We will comply with any applicable legal requirements, including notice requirements, that apply to such transactions.
Retaining and disposing of Information
Unless we otherwise give you notice, we will retain your Information on the MDKonsult Platform on your behalf until such times as you or we terminate your User Account. On termination, you will have an opportunity to print or make copies of your Information subject to the following. To ensure that Authorized Physicians may exercise any authority they have to withhold Information they compile in connection with Healthcare Services from patients under the law, you will be required to request any access you would like to notes made by an Authorized Physician about your consultation from the Authorized Physician. As mentioned above, MDKonsult is not the custodian of Information held on the MDKonsult Platform; rather it holds Information on behalf of Users or Authorized Physicians. On termination of your User Account, once you have been given the opportunity to print or make copies of your Information, we will delete the Information associated with your User Account, except Information that an Authorized Physician advises us he or she requires in connection with a consultation or Informational Services the Authorized Physician provided. In such circumstances, MDKonsult will destroy the Information when the Authorized Physician has obtained a copy or terminates his/her account with MDKonsult.
MDKonsult takes the security of your information seriously. We store your information in electronic format within Canada, using computer systems with restricted access and housed in facilities using physical security measures. More generally, we have in place appropriate physical, technological, and organizational safeguards to protect Information against loss, theft, and unauthorized access, use and disclosure. As mentioned, MDKonsult Personnel are obligated to protect Information by adhering to our policies, practices and applicable laws.
Collecting, using, and sharing Data
MDKonsult de-identifies Information on behalf of Authorized Physicians. Under their agreement with MDKonsult, Authorized Physicians permit MDKonsult to collect and use the resulting de-identified data for purposes that include: quality control activities designed to ensure use of the MDKonsult Platform in compliance with the MDKonsult Physician Services Agreement and the Terms of Service ; improving the MDKonsult Platform and more generally, the use of patient-initiated telemedicine services (through an understanding of usage and utilization patterns by Users and Authorized Physicians); conducting academic research and designing surveys (to be posted and completed at the discretion of Users). We will not use Data to re-identify individuals.
Cookies and similar technologies
Links and third party websites and applications
The MDKonsult Platform may contain links to other websites that we do not own or operate. These links are not intended as an endorsement of or referral to the linked websites. We strongly encourage you to review the privacy policies applicable to any site you visit. This Policy does not apply to such linked pages or other sites, and we are not responsible for the content or practices of any linked websites or their operators which are provided solely for your convenience.
We publish the current version of our Policy at https://www.mdkonsult.com/privacy-policy. We reserve the right to amend our Policy at any time. Check back often to ensure you are aware of our current practices for collecting, using, disclosing, retaining, destroying and protecting Information.
If you have any questions, concerns or suggestions about our privacy practices, please contact our Chief Compliance Officer. Please include your name and contact information if you’d like us to respond to you.
ATTN: Chief Compliance Officer
400-119 14th St NW, Calgary, AB
- “Authorized Physician” means a physician who is registered to practice medicine in a Province or Territory of Canada, meets MDKonsult’s other criteria, and is permitted to provide Healthcare Services and/or Informational Services through the MDKonsult Platform.
- “Data” means information collected or compiled through the MDKonsult Platform which has been de-identified.
- “De-identify” in relation to PHI, means to remove information that identifies the individual or for which it is reasonably foreseeable in the circumstances that it could be utilized, either alone or with other information, to identify the individual.
- “Device” means a mobile or desktop device owned or controlled by a User and used to access MDKonsult Physician Services.
- “Health Care” means any observation, examination, assessment, care, service or procedure that is provided by a physician to an individual to diagnose, treat, or maintain the individual’s physical or mental condition, to prevent disease or injury to the individual, or to promote the individual’s health.
- “Healthcare Services” means the provision of Health Care by an Authorized Physician through the MDKonsult Platform.
- “Informational Services” means the provision of general information about a disease or condition, rather than patient specific medical information, for educational purposes only and for clarity, not including a diagnosis, treatment or advice based on observation, examination or assessment of a particular patient.
- “MDKonsult Platform” means the hardware, software, applications, websites, content, products and services owned and/or operated by us, which include the software that enables Authorized Physicians to provide Healthcare Services and Informational Services to Authorized Users.
- “Personal Information” means information about an identifiable individual which is not PHI and which is collected, created, compiled, used, disclosed or otherwise transmitted and/or stored on or by means of the MDKonsult Platform.
- “Personnel” in relation to MDKonsult, means its employees and agents including independent contractors and sub-contractors, for whom MDKonsult is responsible at law.
- “PHI” or “personal health information” means information about an individual’s health or healthcare that is subject to Privacy Law and that is collected, created, compiled, used, disclosed or otherwise transmitted and/or stored on or by means of the MDKonsult Platform.
- “Privacy Law” means the applicable legislation governing the collection, use, disclosure, and/or protection of PHI in the Province or Territory in which a User resides.
- “User” means an individual who has requested MDKonsult service in accordance with our Terms of Service and is eligible to receive Healthcare Services and/or Informational Services through the MDKonsult Platform.