Notice of Privacy Practices
Effective Date: March 2023
Teladoc’s Commitment to Your Privacy
Teladoc Health Canada, Inc. on its own behalf and on behalf of its affiliates and/or wholly owned subsidiaries (collectively referred to as “Teladoc Health”, “Teladoc”, “we”, “us”, or “our”), makes certain health related information available to you and may facilitate your access to the following services General Medical Services (Telemedicine Consultations), Expert Medical Services, Mental Health Navigator, Mental Health Care, Mental Health Disability Management, Elite Diagnostic Imaging Service, myStrength and SoloTM Virtual Care Platform, as those services are more fulsomely described in the applicable Teladoc Health Terms of Service (“Teladoc Services” or “Services”).
While facilitating your access to the Services, we collect, use and disclose your personal information and personal health information. We value our members, including you (“you”), and we respect your privacy. We are required by law to maintain the privacy of the personal and health information we collect about you and to provide you with notice of our legal duties and privacy practices.
If you are using Teladoc Services to connect with a health care provider or licensed health care professional, the health care provider or licensed health care professional has overall responsibility for the privacy of your personal health information and is the “Custodian” of such information. We assist them with their responsibilities and collect, use and disclose your information on their behalf and act as an “Affiliate” and/or “information manager”.
This Notice of Privacy Practices (“Notice”) describes the kinds of personal information and personal health information we collect, use and disclose about you, why we collect it, how we use it, how we protect it, and under what circumstances we share it with third parties for the Teladoc Services. This Notice also describes how you may access the information Teladoc has about you and the rights you have with respect to your personal information. Please review this Notice carefully.
Teladoc must abide by the terms of this Notice while it is in effect. This Notice will remain in effect until Teladoc replaces it. Teladoc reserves the right to change the terms of this Notice at any time, as long as the changes are in compliance with applicable law. If Teladoc changes the terms of this Notice, you will be provided with an updated Notice and asked to agree to it before continuing to use Teladoc Services. If the provisions of this Notice conflict with any other privacy policies of Teladoc Health, then the provisions of this Notice shall prevail.
Personal Information Collected and Maintained
For the purposes of this Notice, personal information (“Personal Information”) is any information that may be used to identify you such as name, address, phone number, email, and includes your personal health information.
When you use the Teladoc Services, whether through our secure websites or mobile applications (“Platforms”), telephone, or any other manner, we collect the following types of Personal Information about you:
Personal Information Teladoc Automatically Collects about You
When you register and log in to the Platforms, Teladoc automatically collects all the information noted below. Because certain transactions and activities are available to you on the Platforms, Teladoc must be able to link your activity back to your identity so that changes in our systems can be made and we can track the Services you used. As such, the following information will be collected and identifiable to you:
- IP address (the computer’s address on the Internet)
- Operating system (e.g. Windows 10)
- Browser software (e.g. Internet Explorer, Chrome)
- Internet Service Provider (e.g. Bell Canada)
- General Geographic location
- Type of device (e.g. iPad, desktop)
- Mobile device crash information
- Locale and language of device and whether it has fingerprint/face sensors
- Dates and time you accessed and used the Platforms, features you used in the Platforms, and how long you use the Platforms overall
- Links you click and pages you view within the Platform
Personal Information You Provide to Teladoc
To use the Services, you will provide and Teladoc will collect, your personal health information. Personal health information includes personal information concerning your past, present or future physical or mental health or condition, the provision of healthcare you have or will receive, and your past, present, or future payment for the provision of healthcare. The personal health information Teladoc will collect during your use of the Services includes but is not limited to:
- Birth date
- Email address
- Telephone number
- Health card number
- Medical Records and previous medical history
- Diagnosis and symptoms
- Claims information
- Lab tests and reports
- Radiology tests and reports
- Family medical history
- Treatment plans and notes
- Prescribed medications
- Credit card or payment information, if necessary for the Services being provided
Telephone calls, emails, and other communications between you and Teladoc and/or Teladoc’s service providers, may be recorded and logged. As such, we will collect and maintain all information discussed during such communications including your identity, the date and time of the communication, and the contents of the communications.
Personal Information Teladoc Collects About You From Other Sources
In connection with the Services, we may collect, with your express consent, medical records from your past or current health care providers. We may collect these records directly from you or from a third-party service provider. We also may receive eligibility information about you from your employer or whoever has contracted with Teladoc to give you access to the Services. For purposes related to care coordination, we may also receive information from other service providers that your employer has contracted with.
Uses and Disclosures of Personal and/or Personal Health Information
Teladoc may share the Personal Information and/or Personal Health Information it collects about you within Teladoc and its affiliates and subsidiaries. Additionally, Teladoc may use and disclose Personal Information for the following purposes:
To facilitate the Services and for treatment purposes. Teladoc may use and disclose your Personal Information as necessary to facilitate your access to the Services. For example, healthcare providers engaged by us will use your Personal Information in order to provide you with certain services in accordance with applicable laws. Additionally, Teladoc may disclose your Personal Information to your primary care provider or other healthcare providers to the extent necessary for your follow-up treatment.
To facilitate Payment. When applicable, Teladoc may use and disclose your Personal Information as necessary for the payment of Services.
For Operational and Administrative Purposes. Teladoc may use and disclose your Personal Information in connection with its management and operations, such as:
- Providing customer service;
- Training, conducting quality review assessments and performing improvement activities;
- Care coordination and disease management;
- For auditing, medical review, legal services, accounting, insurance, business planning, business management and other general administrative activities;
- Communicating with you to provide you with reminders about scheduled services, website activity and to describe services that are available to you as a member of Teladoc;
- To develop new products or features, and enhance our Services including the Platforms;
- Ensure the proper functioning of our websites and Platforms;
- For information technology services and cloud services;
To Create Deidentified Information. We may remove identifiers from your Personal Information and maintain, use and disclose it in a de-identified form and combine it with other information to generate aggregated information. Such de-identified information will be owned by Teladoc and we shall have unrestricted title, rights, and interest to it which may include, without limitation, the right to use, disclose, rent, or sell the de-identified information.
Service Providers: We may share Personal Information with our vendors or other suppliers who perform services or functions on our behalf and where that information is necessary to perform the service. For example, we may use service providers to host our website or obtain medical records on your behalf. In all cases, we employ the principle of data minimization where only the least amount of information is disclosed to achieve the purpose and only for the purpose outlined in this Notice or as expressly agreed to by you.
As otherwise required or permitted by Law. Teladoc may use and disclose your Personal Information for the following purposes and to the extent required or permitted by law. For example:
- to respond to a subpoena, order, legal process, or government request;
- to protect, establish or exercise our legal rights or defend against legal claims;
- To respond to requests from regulatory agencies;
- to investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or physical safety of any person;
In the event of a sale, merger, or acquisition of Teladoc. If we are to be sold, merged, or amalgamated or substantially all of our assets are to be sold or disposed of, your Personal Information may be transferred to a potential purchaser to the extent necessary to decide whether to proceed with the proposed transaction and for completing it. If such a sale, merger, acquisition, or disposal is completed, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with this Notice.
Pursuant to your Authorization. Teladoc may use and disclose your Personal Information as directed by you with your written authorization.
Collection, Use and Disclosure of Personal Information and Personal Health Information Related to myStrength
Teladoc’s myStrength solution is a self-help tool. It supports common challenges to mental health, including stress, sleep, and depression by blending digital resources in order to offer resources that complement mental care. myStrength is intended for the end-users to support behavioural health in an affordable, accessible manner. myStrength is not a replacement for therapy, nor does it offer professional mental health diagnosis or treatment. Instead, the solution is provided as a supplementary tool, which can be used in addition to professional care.
Please consult the myStrength Notice of Privacy Practices for more information.
Disclosures to Third Party Service Providers
For any of the above purposes, Teladoc may engage third parties to perform the function on its behalf. If any such third party must have access to your Personal Information in order to perform the Services, Teladoc will require that third party to enter into an agreement that binds the third party to the use and disclosure restrictions outlined in this Notice. Additionally, we will make sure the third party retains the Personal Information only for as long as is minimally necessary or as required by law.
Your Rights with Respect to your Personal Information
Right to Access Personal Information. You have the right to obtain a copy of the Personal Information that Teladoc maintains about you. To access a copy of your Personal Information, you must submit your request in writing to Teladoc. Teladoc may impose a fee for the costs of copying, mailing, labor and supplies associated with your request. Teladoc may deny your request to inspect and/or copy your Personal Information in certain limited circumstances. If that occurs, Teladoc will inform you of the reason for the denial, and you may request a review of the denial.
Right to Correct Personal Information. You have a right to request that Teladoc amend your Personal Information if you believe it is incorrect or incomplete. You must submit your request in writing to Teladoc and provide a reason to support the requested amendment. Teladoc may, under certain circumstances, deny your request by sending you a written notice of denial. If Teladoc denies your request, will inform you of the reason for the denial, and you may request a review of the denial.
Right to Withdraw Consent. You may, at any time, withdraw your consent for us to collect, use, and disclose your Personal Information as outlined in this Notice. However, withdrawal of consent is subject to legal or contractual restrictions and reasonable notice. As such, we may continue to collect, use, and disclose your Personal Information as may be required to provide you with access to our Services, and to the extent required or permitted by law. If you refuse to provide us with Personal Information, or later contact us to withdraw your consent for us to use and disclose the Personal Information we have already collected, you may not be able to use our Services including our Platforms. At your request, we will delete your Personal Information unless we are required to retain it to meet legal or regulatory obligations including provincial retention guidelines for health care providers.
Right to Provide us with Communication Preferences. When you register on the Platform, you will need to provide Teladoc with your email address. Teladoc will use your email address to send you information related to updates on the Platform (e.g. security changes, registration changes) as well as appointment reminders and other information specifically related to your use of our Services via the Platform. Additionally, we will send you factual information regarding your use of the Services and ongoing membership with Teladoc as well as the Services that are available to you as a member of Teladoc. Prior to sending you any other emails, we will obtain your consent. You are always able to opt out of receiving emails from Teladoc.
Right to ask questions or file a complaint. If you have any questions or comments or wish to make a complaint about this Notice or Teladoc’s privacy practices, you have the right to contact us and speak to someone about your concerns.
If you wish to exercise any of these rights, ask questions about our privacy practices, make a complaint, or report a privacy or security violation, please contact us at:
By Mail: Privacy Officer Teladoc Health Canada, Inc. 312 Adelaide St W, Suite 200, Toronto, ON, M5V1R2
By email: firstname.lastname@example.org
By Phone: 888-983-5236
If you contact us to exercise any of the rights above, we will respond to your request within a reasonable time and at no cost to you.
Security of Your Personal Information
We aim to provide you with a safe experience. We have in place certain physical, electronic, technological, and organizational safeguards that are designed to protect the security and privacy of your Personal Information against loss, theft, and unauthorized access, disclosure, use or modification. Please note, however, that while we try to create a secure and reliable Platform for members, the confidentiality of any communication or material transmitted to or from the Platforms or via e-mail cannot be guaranteed.
We limit access to your Personal Information within the Company to individuals on a need-to- know basis. Teladoc will retain your Personal Information only for a period of time and to the extent necessary for the purposes for which it was collected as described in this Notice and for reasonable backup, archival, audit, legal or other similar purposes.
Cross Border Transfer of Personal Information
In the course of using some Services, Personal Information may be transferred, processed and retained on servers in countries outside of Canada, including the United States.
- If you use telemedicine services while you are located in Canada, all your Personal Information (including treatment plans, diagnostic information, and medical history) will be stored on servers in Canada and accessed by individuals located in Canada. Your information may be accessed by individuals in the United States for limited purposes such as analytics and program evaluation.
- If you use telemedicine services while you are located in the United States, all your Personal Information (including treatment plans, diagnostic information, and medical history) will be stored on servers in the United States and may be accessed by individuals in the United States and Canada.
- If you use Expert Medical Services, your Personal Information will be stored on servers in Canada and might be accessed by individuals outside of Canada depending on the nature of the service. For more information our cross border transfers, please contact us at email@example.com
For patients of the Newfoundland and Labrador Virtual Primary Health Care (VPHC) program.
In the case of VPHC, Newfoundland and Labrador Health Services (NLHS) is the Custodian of your personal and personal health information and responsible for its collection, use and disclosure. Please refer to the NLHS Guidelines for Use of Virtual Care found here: Privacy & Security - Virtual Care NL. For further information, please refer to the communication provide by the NLHS for your invitation to the VPHC program and for further detail on how the NLHS protects your information. You may also contact NLHS privacy for information or assistance at firstname.lastname@example.org.