PRIVACY POLICY

Introduction

Please read this privacy policy ("Privacy Policy") carefully. This Policy describes the practices that Ogaei Inc. ("Ogaei Inc.", "we", "us", "our") will follow with respect to the privacy of Information of the Users of our Platform, the purposes for which we collect, use, and disclose Information, and our management of Information, including the safeguards we use to it. This Policy applies to all Users and Authorized Providers. By using the Platform and agreeing to this Policy, you acknowledge that you accept and consent to the practices and policies outlined in this Policy.

You are responsible for reviewing this Policy regularly to stay informed about our information practices and the choices available to you. We post the current version of the Policy at https://ogaei.care. We last updated this Policy on December 26th 2024. We reserve the right to amend the Policy at any time to account for changes in Applicable Law, our practices, and the Platform. Please check to see if we have amended the Policy since you last used the Platform to ensure you are aware of and agree to our current privacy practices. If changes we make are significant, we will provide a more prominent notice if required by Applicable Law. By continuing to use our services or purchase our products after the modified version of this Policy has been posted or you have been informed of such update, you are accepting the changes to this Policy.

Definitions
Interpretation
Scope of this Privacy Policy
Your Consent
Overview of the Platform
Our collection and uses of Information
Our disclosure of Information
Our retention/deletion of Information
Accessing and correcting Information
Withdrawing your consent
Privacy Settings
Safeguarding Information
Third party service providers
Third party payers
Cookies and similar technologies
Links to third party websites
Contact us

1. Definitions

In this Policy, unless the context otherwise requires:

"Account" means your account on the Platform.
"Applicable Law" means the laws and regulations, including all federal, provincial, and local laws, rules, regulations, directives, and governmental requirements governing the collection, use, disclosure, and security of Information, including the Personal Information Protection and Electronic Documents Act, the Personal Health Information Protection Act, 2004 ("PHIPA"), and other applicable provincial health privacy statutes, and all other similar federal, provincial, and local requirements, to which Ogaei Inc., Authorized Providers, and Users are individually or collectively subject to.
"Authorized Providers" means our regulated health care professionals authorized to provide Healthcare Services to Users.
"Content" means any general information regarding health-related topics posted on the Platform.
"Data" means Information collected or compiled through the Platform that has been de-identified.
“Healthcare Services” means services provided by Authorized Providers that are within their scope of practice.
“Information” means collectively Personal Information and Personal Health Information.
“Personal Information” means information, used alone or with other information, that can directly or indirectly be used to identify, contact, or locate a person;
“Personal Health Information” or “PHI” means information about an identifiable individual, that can directly or indirectly be used to identify that individual and that relates directly to the individual’s physical or mental health, including the individual’s name, date of birth, medical history, medical treatment, medical test results, medication list, and any other health information. PHI may be found in medical records, treatment and examination notes, and communications between patients and our Authorized Provider via the Platform.
“Personnel” means our employees, agents, consultants, or contractors.
“Platform” means collectively the hardware, software, applications, websites, Content, products, and services owned and/or operated by us to enable the provision of remote Healthcare Services to Users, among other purposes.
“User” is an individual registered to use the Platform.

2. Interpretation

If not defined within this Policy, the capitalized words and phrases in this Policy have the same meaning as in our Terms of Use. Words importing the singular shall include the plural and vice versa. The “word “including” shall be given the interpretation “including but not limited to”. Headings are used for convenience of reference and do not affect the interpretation of this Policy. Any reference to a statute in this Policy includes, where the context requires, the statute and the regulations made under it, all as amended or replaced from time to time.

3. Scope of this Privacy Policy

Ogaei Inc. handles Information in two ways:

(a) Ogaei Inc. handles Personal Health Information on behalf of Authorized Providers.

Ogaei Inc. handles Personal Health Information on behalf of Authorized Providers in its capacity as a service provider (known as an "agent" under Applicable Law) to the Authorized Providers. For example, Ogaei Inc. collects, uses, discloses and retains the Personal Health Information that you provide to an Authorized Provider in connection with your use of the Healthcare Services to assist the Authorized Provider to provide the Healthcare Services to you and to assist the Authorized Provider to comply with the Authorized Provider's legal obligations under Applicable Law. When required for access to services insured by provincial health plans, we may also collect your provincial health number on behalf of the Authorized Provider providing the insured services to you and use and disclose the number to bill provincial health plans for insured services.

This Privacy Policy does not apply to Ogaei Inc.'s collection, use, disclosure, retention, destruction and protection of Personal Health Information on behalf of an Authorized Provider. Additionally, this Privacy Policy does not apply to the collection, use, disclosure, retention, disposal, destruction, and protection of Personal Health Information by Authorized Providers through the Platform. Authorized Providers are responsible for their collection, use, disclosure, retention, destruction, and protection of Information. The Platform is a tool used by Authorized Providers. Use of the Platform by an Authorized Provider does not alter their obligations or responsibility regarding Information they collect, use, or disclose. Authorized Providers are subject to Applicable Law and professional requirements that govern their recordkeeping and management of Information, regardless of the tools they use to collect, use, disclose, and hold the Information. Please direct any questions you have about how an Authorized Provider will treat your Information to the Authorized Provider.

(b) Ogaei Inc. handles other Information for Ogaei Inc.'s own purposes.

Ogaei Inc. handles Information other than Personal Health Information for Ogaei Inc.'s own purposes in Ogaei Inc.'s capacity as a data controller of that Information. This Privacy Policy applies only to Ogaei Inc.'s handling of Information for its own purposes.

4. Your Consent

This Privacy Policy explains how and why we handle Information in connection with your use of the Platform, and is made available to you by appropriate means before or when we collect your Information. By providing (or authorizing another person or organization to provide) your Information to us, you consent to our collection, use, disclosure and retention of your Information as described in this Privacy Policy and as otherwise permitted by applicable law. We might also obtain your additional consent in certain circumstances, including when required by law, to collect, use, disclose or retain your Information for other specific purposes.

You may withdraw your consent at any time, subject to legal or contractual restrictions and on reasonable notice to us, but then you might not be able to proceed with your intended interactions or transactions with us or otherwise receive the full benefit of our products and services. Please refer to the "Withdrawing your consent" section of this Privacy Policy to learn about withdrawing your consent.

In addition, where permitted by applicable law, we may collect, use, disclose and retain your Information without your consent.

5. Overview of the Platform

The following is an overview of how the Platform functions and may not apply to any particular Authorized Provider or particular Consultation

Healthcare Services. Authorized Providers collect Information about you (or any Registered Dependent, as defined below), that you provide during a consultation, verbally or in texts, including Information that you enter or upload to the Platform. Authorized Providers have access to Information through the Platform that 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 Platform with other Authorized Providers; the name, email address, phone number, gender, date of birth, and province/territory that you provided when you registered; and your emergency contact’s name and contact information. Authorized Providers use Information to provide you with Healthcare Services and, as noted above, must comply with the privacy legislation and medical record-keeping obligations to which they are subject. Authorized Providers may create Information in the Platform, such as prescriptions, sick notes, and notes about your consultation. They may export or print copies of your Information. Authorized Providers may, but are not required to, email or text your emergency contact if they believe that you are presenting with a healthcare emergency. You are responsible for advising your emergency contact that you are providing his or her name and contact information to us and Authorized Providers, and for obtaining any necessary consent from your contact for the provision and use of that information in connection with the Platform.
Other Services. We provide services that support the provision of Healthcare Services, which may include receiving, reviewing, and scanning or otherwise uploading laboratory test results to the Platform, faxing prescriptions to pharmacies, and obtaining referrals for consultations with certain specialists, collecting information (such as that in referral letters and health card numbers) required for scheduled appointments. We provide some of these services to Authorized Providers (for example, the receipt and preliminary review of laboratory results), or Users (for example faxing prescriptions and arranging referral to specialists). These services require the use of Information. We may expand the services available through the Platform from time to time to include services that are healthcare related but not Healthcare Services (such as navigational services to assist you to access Healthcare Services on the Platform). Unless otherwise advised, our Personnel will deliver these services.

6. Our collection and uses of Information

We collect and uses Information to the extent necessary to develop, evaluate, improve, and provide the Platform and related services. We do not collect or use Information if non-identifying information will suffice. For example, we do not record the audio or video portions of interactions between Users and Authorized Providers through the Platform.

We collect and use your Information to register you, create your Account, authenticate you when you log in, and personalize your experience while using the Platform. We use the place of residence and date of birth that you provide when registering for an Account to confirm your eligibility to use the Platform.

If you are legally authorized to make healthcare decisions for an individual (a child or a parent for example), you may create a profile for them by providing their first and last name, gender, and date of birth (each such person a "Registered Dependent"). We use the date of birth and your assertion of their relationship with you to confirm your eligibility to obtain Healthcare Services for Registered Dependents and their eligibility to receive Healthcare Services.

If you choose to enter, upload, and store your Information or that of Registered Dependents in the Platform, such as medical records or the name and contact information for an emergency contact, we will use Information as required maintain it on the Platform. We use Information that you upload, or which an Authorized Provider creates as part of a Consultation to make it available to you when you access your Account. We use Information to provide you with services that you request us to perform on your behalf, such as securely faxing your prescription to your chosen pharmacy.

We use Information to notify you by text or email about services that you request, such as to notify you about the status of a consultation or prescription order.

We use Information to the extent required to operate, deliver, and support the Platform. We may use Information for loss prevention, anti-fraud purposes, and to comply with regulatory and legal requirements.

In connection with a request for Healthcare Services, you may provide the reason for your request (symptoms, prescription renewal or sick note). We pass along the Information you provide, your age and gender (and for certain Consultations including those booked rather than provided on demand your name) to an Authorized Provider to determine whether your request is for Healthcare Services that an Authorized Provider may deliver remotely through the Platform. If the Authorized Provider confirms that your request is eligible, we identify the Authorized Provider to you and forward the Authorized Provider the Information you provided in your request, your name and where applicable, the name of your Registered Dependent. Unless you have elected to withhold access to information held in the Platform about you (or your Registered Dependent), the Authorized Provider will be able to view the Information in addition to the Consultation specific Information we forward.

We may collect and use location data through GPS technology and your IP address where applicable to services you have requested, for example to ensure that we connect you to an Authorized Provider or pharmacy that is licensed or authorized to provide services in the jurisdiction where you are located.

We may use your IP address for security purposes, to authenticate you before providing information about your Account activity in your Account settings.

If you submit Information in connection with a request for Consultation that in the view of the reviewing Authorized Provider indicates that you are in need of emergency services, we reserve the right to use any of the contact information you have provided to contact you. The contact will be strictly to inform you that an Authorized Provider has viewed and declined your request for a Consultation because your symptoms suggest a healthcare emergency.

From time to time, we may send Users service announcements, including information about our latest products, updates to our policies, Terms of Use, and software (“Essential Communications”). We may send Users who opt-in to receive the information, information such as newsletters, or information about any upcoming events that we believe may be of interest or apply to them (“Non-Essential Communications”). Users may opt-out of receiving Non-Essential Communications at any time by logging into their User Account and updating their preferences. For clarity, service announcements including updates to our policies, Terms of Use and software are Essential Communications not subject to an opt-out.

7. Our disclosure of Information

We will not disclose, share, sell or rent your Information with or to any third party (except to the extent we disclose to Authorized Providers, 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 Law, respond to a subpoena, order, or similar obligation to produce information; establish or exercise Ogaei Inc.’s legal rights or defend against legal claims; or investigate, detect, suppress, prevent, or take action regarding illegal or prohibited activities, suspected fraud, and/or situations involving potential threats to the reputation or safety of any person. We may disclose Information for the purposes of conducting required due diligence or the completion of a business transaction such as a merger, acquisition, or asset sale. We will comply with any applicable legal requirements, including agreements and notice requirements that apply to the disclosure of Information for such transactions.

8. Our retention/deletion of Information

Unless we notify you otherwise, we will retain your Information on the Platform until you (or we) close your Account. On termination, we will provide you an opportunity to print or copy your Information with the exception of notes of Authorized Providers. To allow Authorized Providers to exercise any right they have at law to withhold Information they create, only Authorized Providers may provide access to their notes on the Platform, and any request for access should be made directly to them.

After the grace period provided for you to print or copy your Information (with the limitation described above), we will delete the Information associated with your Account, except for any Information that we are required to retain under Applicable Law or Information required by an Authorized Provider in connection with Healthcare Services. We will delete the latter once the Authorized Provider makes a copy or terminates his or her account with us. When Information is deleted, it is removed from our active database. Any Information that remains in our backup is securely stored and isolated from any further processing until deletion is possible.

9. Accessing and correcting Information

You can access your Information or that of Registered Dependents by logging in to your Account at https://Ogaei.care. We will rely on you to ensure that your Information held by us is as accurate, complete and up-to-date as necessary for the purposes for which we use the Information.

You may update or otherwise correct your Information, except Information an Authorized Provider has viewed or created. To update or correct Information an Authorized Provider has viewed, or request a correction of Information an Authorized Provider created, you will need to contact the Authorized Provider outside of the Platform.

10. Withdrawing your consent

You may withdraw your consent to our collection, use and disclosure of your Information as explained in this Privacy Policy at any time on reasonable notice to us, subject to legal or contractual restrictions. To withdraw your consent, you may contact us in writing using the contact information in the "Contact Us" section of this Privacy Policy.

If you withdraw your consent to our collection, use and disclosure of your Information for purposes that are integral to our relationship and dealings with you or your access to or use of our products and services, then you might not be able to proceed with your intended dealings with us or otherwise access, use or receive the bull benefit of the Platform.

If you withdraw your consent to our collection, use and disclosure of your Information for purposes that are not integral to our relationship and dealings with you or your access to or use of the Platform, then withdrawing your consent for those purposes will not affect your access to or use of the Platform.

If you withdraw your consent to our collection, use and disclosure of your Information, we may retain and use your personal information to comply with applicable law, to establish, enforce and exercise our rights and remedies, and for other purposes permitted by applicable law.

11. Privacy Settings

The Platform offers you functionality and choices for protecting your privacy, which include:

You may enable two-factor authentication on your Account to help prevent unauthorized access. If you do, in addition to entering your password to log in to your Account, we will send a code to your mobile number, which you will need to enter. This added security means that a third party would need both your login information and your mobile phone to access your Account.
When requesting a Consultation, you may withhold Information, for example in your healthcare records from the Authorized Provider. Please be aware that Authorized Providers may be unable to provide you with Healthcare Services as a result. They will advise you of the implications of your choice.
You may choose whether to receive communications by email or SMS.
You can check your login history when you access the Platform.

Please contact us directly at info@ogaei.care if you require assistance using the privacy functionality described above or more generally have questions about how to use the Platform. To protect your privacy, we may request information to verify your identity when you contact us.

12. Safeguarding Information

Ogaei Inc. takes the security of your information very 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 including access controls to protect Information against loss, theft, and unauthorized access, use and disclosure. We only permit our Personnel to access Information to the extent necessary to perform their designated functions. We require Personnel to complete privacy and security training and to commit to protecting Information by complying with our policies, procedures, and Applicable Law.

Notwithstanding the safeguards we employ and our commitment to protecting Information, we cannot guarantee the security or error-free transmission or storage of Information. There are risks inherent in the use of electronic means to transmit and hold information in electronic format. These risks can be minimized but not eliminated by the use of appropriate security measures, such as the measures we employ. These risks include interception, loss, corruption, unauthorized access to, use and disclosure of Information, and delay in the availability of Information.

You play an important role in protecting your privacy and your Information. We ask you to do the following:

Create a strong and unique password for your Account and update your password periodically.
Do not share your Account or password with anyone. We will never ask you for your password, including in any unsolicited communication such as letters, phone calls or email messages, so please do not provide it and contact us if you receive such a request.
Log out of your Account as soon as you finish using it, especially if you share the device you use to access the Platform with anyone else.
Password-protect your device with a strong and unique password.
Choose a quiet, private location from which to receive Healthcare Services.

We obtain the authorization of Authorized Providers to collect from them and use Data. We may use Data for monitoring the compliance of Users and Authorized Providers with the Platform terms of use, for making use of the Platform (and more generally of patient-initiated telehealth services) more accessible and enhancing the experience for Users and Authorized Providers through analyzing Authorized Provider usage and utilization patterns, and designing surveys (to be posted and completed at the discretion of Users). We may also use or disclose Data for the purposes of academic research. We will not use Data to re-identify Users or for any other purpose prohibited by Applicable Law. We will only de-identify Information in a manner that complies with Applicable Law.

13. Third party service providers

We may use third-party software and service providers for a variety of services including but not limited to technical, operational, and other business, and marketing services. We require our third-party service providers to limit their use of Information (that you or we provide or allow them to access) to that necessary for their services, and to have security measures in place that are appropriate for the protection of Information and to meet the requirements of Applicable Law. Some of our service providers operate from outside of Canada, which means that Information they use on our behalf for their services may be subject to the law of country or state in which they operate, including lawful orders to produce the Information to among others, the government of the Country, its law enforcement, and national security authorities, and courts.

For additional details about our third-party service providers, please see:

Accuro EMR

Firebase

Stripe

Zoom Healthcare

Microsoft Azure

Intercom.

14. Third party payers

As described in the Platform Terms of Use, by authorizing someone else (a “Third-Party Payer”) to pay the Fees and/or Membership Fees for your Healthcare Services, you are representing to us, and we will rely on your representation, that you consent to us:

using the email address provided to us by the Third-Party Payer to communicate with you regarding the Platform and Healthcare Services;
disclosing the information that you have requested Healthcare Services to the Third-Party Payer to permit us to process payment for the Healthcare Services;
notifying the Third-Party Payer of any changes or termination of your access to the Platform.

If you have questions about the Information shared between us and Third-Party Payers, please contact us as indicated below.

15. Cookies and similar technologies

The Platform, email messages, and marketing materials use “cookies” and other technologies such as pixel tags and web beacons. We use these technologies to better understand the use of the Platform, analyze trends, and administer, personalize, and improve the experience of using the Platform for Users and Authorized Providers. You can accept or decline our use of cookies. You can refuse cookies by turning them off or blocking them in your Internet browser. If you decide to turn off or block cookies, the Platform may not function correctly.

At times, we may use third parties such as ad exchanges and data companies to serve our advertisements on the Platform. These companies may also use cookies and other technologies to report certain information about your visits to the Platform and other websites (such as web pages you visit from and your response to ads on the Platform) to measure the effectiveness of our marketing campaigns and to deliver ads that are more relevant and tailored to you, both on and off our Platform. By using the Platform and not turning off cookies, you are consenting to their use for the purposes described in this Policy. To learn more about advertising on electronic sites and opting-out of receiving ads, you can visit the Digital Advertising Alliance website at aboutads.info/choices/ or the Digital Advertising Alliance of Canada website at youradchoices.ca/choices.

16. Links to third party websites

The Platform may contain links to websites that we do not own or operate. The provision of these links is not an endorsement of or referral to the linked websites. We provide the links solely for your convenience. We strongly encourage you to review the privacy policies and terms of use applicable to any site you visit. This Policy does not apply to linked sites or pages and we are not responsible for the content or privacy practices applicable to them or used by their operators.

17. Contact Us

If you have any questions, concerns or suggestions about our privacy practices, or if you wish to withdraw your consent to our handling of your Information, please contact info@ogaei.care. Please include your name and contact information if you would like us to respond to you.

Ogaei Inc.

info@ogaei.care
222 King George Rd, Brantford, ON N3R 5L4