Purpose of the Policy
Tell Me Now Inc. (“Tell Me Now” or “we”) may collect personal information in the course of its activities. In this Policy, the term “personal information” will refer to both personal information and personal health information.
Tell Me Now is committed to ensuring compliance with the Canada Personal Information Protection and Electronic Documents Act (“PIPEDA”), the Personal Health Information Protection Act (“PHIPA”), and all other privacy legislation, as applicable to the activities of Tell Me Now.
By providing us with your Personal Information, you are consenting to the collection, use, disclosure, and retention, by us, of your Personal Information, as set out in this Policy.
All employees, directors, officers, representatives, consultants, contractors, agents, and other persons who act or provide services on behalf of Tell Me Now shall be subject to this Policy.
Personal Information – Personal information is any factual or subjective information, recorded or not, about an identifiable person (e.g. age, name, address, income, phone number, etc.). Personal information does not include the name, title, or business address or telephone number of an employee of an organization.
Personal Health Information – Personal health information is any identifying information about an individual in oral or recorded form, if the information:
- relates to the physical or mental health of the individual, including information that
consists of the medical history of the individual’s family;
- relates to the providing of health care to the individual, including the identification of
a person as a provider of health care to the individual;
- is a plan of service within the meaning of the Home Care and Community Services Act, 1994 for the individual;
- relates to payments or eligibility for health care in respect of the individual;
- relates to the donation by the individual of any body part or bodily substance of the
individual or is derived from the testing or examination of any such body part or bodily
- is the individual’s health number; or
- identifies an individual’s substitute decision-maker.
While browsing our website(s) or purchasing services from us, you do not need to provide any information about yourself. However, if you choose to provide Personal Information to us, we will take the necessary steps to safeguard it to the furthest extent possible.
Tell Me Now is committed to ensuring that all personal information gathered by Tell Me Now is kept confidential and is treated in a manner that a reasonable person would consider appropriate in the circumstances.
All personal information under the control or custody of Tell Me Now shall be regarded as confidential and available only to authorized users. Subject to specific limitations and exceptions, individuals (or their legal representatives) may access their own personal information contained in records under the custody or control of Tell Me Now following the process outlined in this Policy.
Tell Me Now’s websites were not designed and are not directed to children eighteen (18) years of age or younger. Committed to protecting children’s privacy in an on-line environment, we do not intentionally collect or maintain Personal Information provided by or about children.
Sources of Personal Information
- Personal Information Provided Indirectly. You might, as part of the account opened with us, choose to provide us with information relating to one or more third parties. If you do so, you acknowledge and agree that you have the authority of the relevant third party(ies) for us to access, disclose, and use the personal information, and that you have notified the third party(ies) and informed them of how their personal information will be collected, disclosed, and used by us to provide our services. We reserve the right to identify you as the person who has made the disclosure in any messages that are sent by us to the third party(ies).
We do not and will not verify the accuracy or source of any personal information provided to us and have no obligation to confirm whether or not you, as the individual providing such information, has the right to do so. We will not be held liable for any damages arising by the provision of personal information by you to us on behalf of a third party. If you choose to provide us with information relating to one or more third parties, you agree to indemnify, defend, and hold us, our shareholders, directors, officers, contractors, agents, and legal representatives (each an “Indemnitee”) from and against all demands, costs, penalties, expenses, liabilities, injuries, losses, and damages whatsoever (collectively, “Losses”) suffered or incurred by an Indemnitee, and all actual or threatened claims, demands, grievances, actions, suits, or proceedings (collectively, a “Claim”) made against an Indemnitee, to the extent such Losses or Claims are attributable to your disclosure of the personal information of a third party.
- Third Party Collection. Our payment processors will also collect and maintain information related to your financial interactions with us relating to your account.
The following are Tell Me Now’s key privacy principles, codified as Schedule 1 of PIPEDA:
- Accountability for Personal Information
Tell Me Now shall be responsible for the personal information in its custody or control, including information that has been transferred to a third party for processing. Tell Me Now shall use contractual or other means to ensure the protection of any information in the possession of a third party. Tell Me Now’s employees and agents shall be responsible for any personal information that they have in their possession at all times.
Tell Me Now has a Privacy Officer that is committed to ensuring Tell Me Now’s compliance with PIPEDA and PHIPA, to the extent that such Acts apply to Tell Me Now.
- Identifying Purposes for Collecting Personal Information
Tell Me Now shall collect your personal information for the purpose of processing a payment; providing a service; and/or fulfilling any other legal obligations owing by us to you.
When personal information is required to be collected from an individual, Tell Me Now will identify and document the purpose for which it is being collected, will explain how it will be used, and will obtain the individual’s consent to collect, use, and disclose it. Tell Me Now will use reasonable efforts to ensure that the individual reasonably understands how the information will be used and disclosed.
If personal information that has been collected is required to be used for a different purpose than originally disclosed, the new purpose will be identified to the relevant individual prior to use. Unless the new purpose is required or permitted by law, such individual’s consent will be obtained before the information is used for that new purpose.
- Consent for Collection, Use, and Disclosure of Personal Information
Consent is required for the collection of personal information and the use and disclosure of such information. Tell Me Now shall seek consent for the use and disclosure of personal information from the person disclosing the personal information, either prior to or at the time of collection.
In determining the form of consent to collect, use, or disclose personal information (implied/express, verbal/written), Tell Me Now will take into account the sensitivity of the information and applicable legal requirements. Regardless of the form of consent given, Tell Me Now will ensure that the consent is knowledgeable, voluntary, related to the information in question, and given by the individual disclosing the personal information.
Consent may be withdrawn at any time, subject to legal restrictions and reasonable notice. If an individual would like to withdraw consent to Tell Me Now’s use of such individual’s personal information, such individual can do so by sending your request via our website contact form. A withdrawal of consent will not apply to a collection, use, or disclosure that had occurred prior to receiving the notice of withdrawal.
- Limiting Collection of Personal Information
The collection, use, and disclosure of personal information will be limited to that which is necessary to fulfill the purposes identified.
- Limiting Use, Disclosure, and Retention of Personal Information
Tell Me Now will only use personal information for the purposes for which consent has been given.
Tell Me Now may provide personal information to other parties:
- when consent to do so has been provided; and/or
- when Tell Me Now is required or permitted to do so by law.
Personal information will be kept until the stated purpose is complete and the relevant individual has exhausted any legal recourse regarding an access request. At such time, or at the end of the legislatively required retention period, whichever is longer, the personal information will be disposed of by means of shredding or another secure disposal method, with care taken to prevent unauthorized parties from gaining access to the information.
The intent is for any account created through Tell Me Now to remain available for 6 months from the date of last payment, after which time the account and all content thereon will be destroyed and no longer accessible by us, you, or any third party. It will be your responsibility to save any content on your account prior to the date of destruction.
- Ensuring Accuracy
While Tell Me Now will use reasonable efforts to ensure that an individual’s personal information is as accurate, complete, and up-to-date as necessary for the purposes for which Tell Me Now uses the information, ultimately, an individual will be responsible for ensuring that Tell Me Now has such individual’s current and complete personal information in Tell Me Now’s records. Tell Me Now will not routinely update personal information, unless such a process is necessary to fulfill the purposes for which the information was collected.
- Use of Safeguards to Protect Information
Tell Me Now will use appropriate procedures and security measures to protect personal information in its custody or control against theft, loss, and unauthorized use, disclosure, modification, or disposal, regardless of the format in which the information is held.
The methods of protection may include the following:
- locked filing cabinets;
- restricted access to offices;
- alarm system;
- confidentiality agreements with staff and volunteers; and/or
- use of passwords, access controls, and encryption.
The personal information collected by Tell Me Now may be shared, stored, or accessed in Canada or in other countries where Tell Me Now maintains an office, conducts business, and/or has internet facilities.
If personal information is stolen, lost, or accessed by an unauthorized person, Tell Me Now will notify the relevant individual(s) and/or other third parties (such as the Privacy Commissioner) at the first reasonable opportunity, if required to do so by applicable law.
Tell Me Now does not sell, rent, or lease personal information to third parties.
- Individual Access to Personal Information
Upon written request, and proof of identification, Tell Me Now will inform an individual whether or not it holds personal information about the individual. Tell Me Now will allow the individual to access this information in accordance with applicable legislation. Certain situations will prevent Tell Me Now from providing access to personal information, including for legal, confidentiality, or security reasons; in such situations, Tell Me Now will give a written notice to the individual that states that the request for access is being refused, provides reasons for the refusal, and informs the individual that such individual is entitled to make a complaint about the refusal to the Information and Privacy Commissioner of Ontario (if the request relates to personal health information) or to the Office of the Privacy Commissioner of Canada (if the request relates to non-health personal information). Tell Me Now will respond to a request for access within thirty (30) calendar days of receipt of the request, unless extensions are permitted under law and Tell Me Now has informed the individual of the length and reason for the extension.
If an individual informs Tell Me Now about the inaccuracy or incompleteness of his/her personal information, Tell Me Now will respond to the correction request, with the amendments, within thirty (30) days of receiving the request, unless extensions are permitted under law and Tell Me Now has informed the individual of the length and reason for the extension.
In certain circumstances, Tell Me Now will not correct a record of personal information, if prohibited from doing so under law. If a correction is refused, Tell Me Now will inform the individual of the refusal, the reasons for the refusal, the individual’s right to file a complaint regarding the refusal to the Information and Privacy Commissioner of Ontario (if personal health information is involved) or to the Office of the Privacy Commissioner of Canada (if non-health personal information is involved), and the right of the individual to attach a statement of disagreement to Tell Me Now’s records (so that any other organization that has access to the Information can view the statement).
- Challenging Compliance
Tell Me Now’s Privacy Officer can be contacted at:
Tell Me Now’s Privacy Officer is available to answer any questions an individual may have about Tell Me Now’s collection, use, disclosure, and retention of personal information, or to register a complaint. An individual whose personal information is held by Tell Me Now has several other avenues of recourse, including registering a complaint with the Information and Privacy Commissioner of Ontario (personal health information) or with the Office of the Privacy Commissioner of Canada (non-health personal information). Tell Me Now is committed to investigating all complaints and taking appropriate action.
Tell Me Now does not guarantee, and is not responsible for, the information collection and privacy practices of any third-party websites to which Tell Me Now’s websites may link.