Owl Practice Inc. Privacy Policy

 1. Introduction

Welcome to www.owlpractice.ca (the “Website”). This privacy policy (the “Privacy Policy”) describes how Owl Practice Inc. (“Owl”, “we”, or “us”) collects, uses, discloses, transfers, retains, and safeguards the personal information of Owl subscribers (“you”) in connection with its software products and services, including those made available on the Website, in any Owl online discussion portal such as our current or future Facebook page, Twitter pages, or discussion board (individually and collectively, the “Owl Social Property”), or via a mobile device (collectively, the “Services”). Your use of the Website and our Services is subject to this Privacy Policy as well as our Terms of Use and Business Associate Agreement. Terms capitalized but not defined in this Privacy Policy have the meanings set out in the Terms of Use and Business Associate Agreement, respectively.

We take your privacy very seriously, and we are committed to maintaining the confidentiality, integrity and security of the information you provide to us while utilizing our Services. Our security measures adhere to Privacy Laws  as well as with the best practices of health care providers, as described in greater detail below. By using our Services, you agree to the collection, use and disclosure of personal information as set out in this Privacy Policy.

We may make changes to our Privacy Policy from time to time. When we do so, we will post the revised policy on our Website and amend the “last modified” date at the top of the policy. We encourage you to check back on our Website for the latest information on our Privacy Policy and practices. If we make significant changes to our Privacy Policy, we will take additional measures to bring these to your attention. Following our posting of any changes to this policy, your continued use of the Services signifies your consent to the revised terms of this Privacy Policy.

 2. Types of Personal Information We Collect

For the purposes of this policy, Personal information is any information about an identifiable individual, including any information that, alone or in combination with other information, could be used to identify an individual (“Personal Information”). Personal Information does not include aggregated information, or any Personal Information that has been de-identified through the removal of potentially identifying details, such that the data may not be identified with a particular individual.

We collect Personal Information that you share with us directly or provide by interacting with our Website or otherwise using the Services. The types of Personal Information that we collect are as follows:

• Information you provide to us when you register for an Owl account. When you sign up for an Owl account, we ask you to provide information about you including your first and last name, your address, your phone number, your date of birth, your gender, your email address, your account username and password, your clinic name and health care provider details, your profession (for example, whether you are a psychologist, social worker, psychotherapist, or therapist), and whether you are a student, group practice, or NFP.
• Information you provide when you use the Services. When you use our Services, you may provide us with messages or transaction information relating to your interactions with your clients, receipts, personal data in text, picture, or video form, and other content you may choose to provide to us in the normal course of your use of the Services and the Owl Social Properties, including but not limited to posts, profiles, comments, suggestions, forwarded messages, feedback information, usage information, transaction information and Traffic Data (as defined below). We may also collect information you provide to us when you complete a web form, send us an email, make a support request, or interact with us by any other means of communication.
• Information tracked through your website visits. When you access the Services using a web browser or other application, we may gather and store certain types of information including your IP address, data about your general location, and non-personal usage information such as the webpages you visit while using the Services. We also collect traffic data through the Services using a third-party traffic analysis provider and use cookies that are stored temporarily on your computer (as described below). Together, these technologies help us manage our content by identifying which content is effective.
• Information you provide to us in connection with surveys, promotions, or giveaways. From time to time, we may offer you the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy Policy, except as specifically set forth in the rules for those contests, giveaways or promotions. From time to time, we may also ask you to participate in surveys designed to help us improve our Services. Any Personal Information provided to the Company in connection with any survey will be used only in relation to that survey and as elsewhere set forth in this Privacy Policy.
• Payment Information. We use a third party payment processor to facilitate processing payment information if required in order to provide the Services to you.

Other than some key information which we require to provide our Services, the Personal Information that you provide to us is optional. You can share as much as or as little as you are comfortable with – whether through the registration process or your use of the Services. You may always opt not to disclose certain Personal Information, but that may mean that you will not be able to access certain features of the Services. For example, your name and email address are necessary to complete the registration process.

If you choose to use the Services to collect, use, disclose, and/or retain Personal Information about your patients and clients (“Client Information”), you represent that you will comply with all Privacy Laws that apply to you with respect to such Client Information, and that you will obtain all necessary consents (and manage the withdrawal of such consents) from your patients and clients for Owl to use such Client Information to provide you with the Services. If you instruct us to collect, use, disclose, and/or retain any Client Information on your behalf in connection with your use of the Services, we will do so only in accordance with your instructions and as specified in this Privacy Policy, and the Business Associate Agreement with respect to Protected Health Information.

We rely on you to ensure that the Personal Information you provide to us is accurate, complete, and up-to-date. You may make changes or corrections to your Personal Information at any time. If you would like to review or update your Personal Information, please contact our Privacy Officer at the contact details listed below. While we make every effort to ensure the accuracy of your information in our reports, displays, articles, and support queries, you must verify all information created from your use of the Services and we recommend that you consult with a professional before completing any government or regulatory filing or otherwise relying upon the information, as the use of this information is at your own risk.

3. How We Use Your Personal Information

We use your Personal Information to provide the Services to you and to operate our business, including for the following purposes:

• to enforce our Terms of Use;
• to provide customer service and support;
• to resolve disputes;
• to identify, troubleshoot, and fix problems with the Services;
• to fulfill your requests for certain features and functionalities of the Services;
• to customize, measure and improve the Services;
• to inform you of targeted marketing, service updates, and promotional offers, as permitted by law;
• to assist us to measure our performance and to share performance information with others;
• comply with legal or regulatory requirements;
• to provide, maintain, administer or expand the Services, perform business analyses, or for other internal purposes to support, improve or enhance our business, the Services, and other products and services we offer;
• to perform data analysis and testing;
• to contact you, as required or permitted by law;
• to investigate possible fraud or other violations of our Terms or this Privacy Policy or attempts to harm any natural or legal person; and
• to fulfill other purposes, subject to your explicit consent.

Please be advised that we or our service providers (including, but not limited to, our insurance billing provider) may aggregate and anonymize Personal Information and utilize such aggregated, anonymized data for benchmarking and other purposes. We also use aggregated data to analyze and understand the usage of our Services by our customers and their clients, and to publish a yearly “State of Private Practice” report that is based on such aggregated and anonymized customer account data.

If you provide us with a testimonial, you expressly agree that we may post such testimonial along with your name on the Website or Services from time to time.

4. Disclosure of Personal Information

We reserve the right (and you expressly authorize Owl) to share or disclose your Personal Information when we determine, in our sole discretion, that the disclosure of such information is necessary or appropriate:

• to enforce our rights against you or in connection with a breach by you of our Terms of Use;
• to prevent prohibited or illegal activities; or
• when required by any applicable law, rule, regulation, subpoena, or other legal process.

If all or a portion of our business, or one or more of our divisions, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation, liquidation or another similar transaction, your Personal Information may be one of the transferred assets and you agree to the transfer of your Personal Information in such case.

Owl also offers publicly-accessible blogs and community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. We take no responsibility for any information which you or your employees, agents, contractors and representatives post or publish on the Owl Social Property and you agree to indemnify and hold us harmless for any loss, cost, complaint, damage, claim or liability whatsoever arising from any such post or publication.

5. Processing of Personal Information by Third Parties

Except as specified in this Privacy Policy, we do not share your Personal Information with third parties.

We may share your information with our affiliates, with service providers who help us to run our operations, or to otherwise provide the Services, fulfill your requests, or as required by law. For example, we may use a third party service provider to facilitate sending text message reminders on your behalf, upon request.

Our service providers are restricted from using Personal Information in any way other than for the service they are providing, and our contracts with such service providers require them to maintain reasonable and appropriate security safeguards.

6. Cross-border Data Transfer

Generally, we collect, use, and store your Personal Information only in Canada. Please note, however, that we may use third-party service providers that may store or process your Personal Information in the United States or other jurisdictions other than Canada, where it may be the subject of laws of the jurisdiction in which it is processed or stored.

7.  Cookies and Related Technologies

What are cookies?

Cookies are small data files that are stored on a subscriber’s computer for record-keeping purposes. Cookies track how you use the Services and what you look at. A session ID cookie expires when you close your browser. When you log into your account, your browser may ask if you want it to remember you as a registered subscriber of the Services. If you accept, the session ID becomes a persistent cookie, which remains on your hard drive for an extended period of time. Although cookies are used by most major websites and are accepted by default by most web browsers, it may be possible to disable cookies via your browser settings. However, if you decide not to accept cookies from our website, you may not be able to take full advantage of all of the features of our Services.

How do we use cookies?

We use session cookies and usage data to make it possible to navigate the secure environment in the Services and to keep, and sometimes track, information about you for the purpose of creating a personalized web experience and improving the Services or measuring and conveying to others the performance levels of the Services. We may link the information we store in cookies to any Personal Information you submit while using the Services for the purpose of creating a personalized experience, to assist Owl in understanding its users and subscribers and designing improvements to the Services, and for the purpose of collecting Owl usage and performance metrics. We only use cookies to preserve session information for the convenience of our customers (i.e. to maintain their logged in sessions).

How do we use other analytics tools?

Owl may from time to time implement other third-party analytics services that also use cookies. For example, we use Google Analytics (to opt out, click here) to evaluate usage of our Website. If the use of cookies by any service provider differs materially from the practices already listed, we will revise this document accordingly and notify existing customers of the change(s). Other cookies created in connection with the Services are used to secure your login session and to help ensure the security of your account. Such cookies are unrelated to the aforementioned traffic analysis and are never shared with third parties.

8. How We Safeguard Personal Information

Any Client Information you provide to Owl through your use of the Services shall be restricted and not be disseminated to any other party, except with individuals or entities required to provide the Services. Any information provided about potential clients shall be restricted. Owl shall not access such information except in order to provide the Services or customer support to you, in accordance with the Terms of Use, and as required by any applicable law or other legal process.

In order to keep the Personal Information secure, we restrict unauthorized access through protective policies, procedures, and technical measures, including:

• encryption of Personal Information in transit and at rest using secure socket layer technology (SSL). To learn more about SSL, follow this link:
• providing reasonable physical and electronic safeguards with regard to the storage of Personal Information;
• backing up and encrypting your account data routinely;
• limiting access to Personal Information to those employees or contractors who we reasonably believe need to come into contact with that information to provide products or services to you or in order to do their jobs; and
• governing employees and other contractors by strict standards and policies to ensure that Personal Information is secure and treated with the utmost care and respect.

In addition, Owl maintains the following physical safeguards:

• the office reception area is physically separate from the records processing area;
• access to both areas is key-controlled;
• access to Personal Information is restricted to required personnel only and access is monitored and recorded; and
• Owl pre-screens its employees and provides training and orientation on their obligations to maintain the confidentiality and security of Personal Information.

Please note that no data transmission over the Internet or otherwise can be guaranteed to be completely secure. As a result, while we strive to protect the Information, we cannot warrant the security of any information you transmit to us, and you provide such information to us at your own risk. If you have a security related concern, please Contact Us. We will work closely with you to ensure a quick and personal response to your concerns.

9. Retention of Personal Information

We retain your Personal Information as required to fulfil the purposes set out in this Privacy Policy. Generally, we retain Personal Information (including Client Information) you provide to us until you specifically instruct us to delete it. You may delete such information at any time via the Services. Certain third party service providers, like payment processors, may have their own retention policies and legal requirements related to retention.

10. Your Choices & Access to Your Personal Information

We value your choices when it comes to your Personal Information. You choose how much information to share with us through the registration process and through your use of the Services. You generally have the right to withdraw your consent to any further collection, use or disclosure of any elements of your Personal Information, subject to legal and contractual requirements; however, such a withdrawal may reduce your ability to take full advantage of our Services.

You own your data in accordance with the rules for Subscriber Content and Protected Content, as set out in the Owl Terms of Use, and you can download or delete your own data via the Services at any time.

You have the right to access and request correction or updating of your Personal Information, subject to limited exceptions prescribed by applicable laws. You may do so by Contacting Us. You also have the right to opt-out of marketing communications. If you would like to discuss your privacy choices, including your ability to opt-out of providing certain information, please Contact Us.

11. Your California Privacy Rights

If you are a California resident, California law provides you with the following rights with respect to your Personal Information:

The right to know what Personal Information we have collected, used, disclosed and sold about you, and the right to request that we delete any Personal Information we have collected about you. To make such a request, please write to us at the following address:

Owl Practice Inc.
345-150 King Street West
Toronto, ON M5H 1J9
Canada

ATTN: Customer Service Department—California Privacy Info.

You also may designate an authorized agent to make a request for access on your behalf. When you exercise these rights and submit a request to us, we may verify your identity.  We also may use a third party verification provider to verify your identity. Your exercise of these rights will have no adverse effect on the price and quality of our Services.

For the 12-month period prior to the date of this Privacy Policy, we have not sold Personal Information about our users; nor do we have any plans to do so in the future.

12. Rights of Removal of Posted Information – California Minors

If you are under 18 years of age, reside in California, and have a registered account with us, you have the right to request removal of unwanted information that you publicly post on the Website. To request removal of such information, you can contact us as provided below. Upon receiving such a request, we will make sure that the information is not publicly available on the Website, but the information may not be completely or comprehensively removed from our systems and databases.

13. Children’s Policy

Our Website is not intended for use by children. We do not knowingly collect Personal Information from children under 13 years of age. Please contact us if you believe we may have unknowingly collected information about a child under 13, and we will take immediate steps to delete any such Personal Information.

14. Right to Lodge Complaints

We are transparent about the ways in which we collect and use Personal Information, and welcome your questions and concerns. If you have any concern or complaint about the way we handle your Personal Information, please contact us as described below. To the extent you believe we have not addressed your concerns or otherwise choose to do so, you have the right to lodge a complaint with a supervisory authority in the country where you reside and/or the United States. You may contact the US Federal Trade Commission regarding your concerns.

15. Miscellaneous

If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Privacy Policy that is unlawful, void or unenforceable shall be severed from this Privacy Policy. The insertions of headings are for convenient reference only and are not to affect the interpretation of this Privacy Policy.

16. How to Contact Us

If you have questions or concerns regarding our policy or practices, please contact our privacy officer by email at privacy@owlpractice.ca or at the following address:

Owl Practice Inc.
345-150 King Street West
Toronto, ON M5H 1J9
Canada