Jack&Jill Health understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use and disclose your personal information.
Protected Information
When you set up an account with Jack&Jill Health, you are creating a direct customer relationship with Jack&Jill Health that enables you to access and/or utilize the various functions of the Service as a user. As part of that relationship, you provide information to Jack&Jill Health, including but not limited to your name, email address shipping address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “Health” or “medical” information.
However, in using certain components of the Service, you may also provide certain medical information that may be protected under applicable laws. Jack&Jill Health is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the Pharmacies or Medical Groups may or may not be a “covered entity” or “business associate” under HIPAA, and Jack&Jill Health may in some cases be a “business associate” of a Pharmacy or Medical Group. It is important to remember that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is Health information involved, and HIPAA may not apply to your transactions or communications with Jack&Jill Health, the Medical Groups, the Providers or the Pharmacies. To the extent Jack&Jill Health is deemed a “business associate” however, and solely in its role as a business associate, Jack&Jill Health, may be subject to certain provisions of HIPAA with respect to “protected Health information,” as defined under HIPAA, that you provide to the Medical Group (“PHI”). In addition, any medical or Health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.
The Medical Groups and Providers have adopted Medical Group Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you are acknowledging receipt of the Medical Group Privacy Practices from your Medical Group and Provider(s).
By using the Service, you are agreeing that even if HIPAA does apply to Jack&Jill Health, the Medical Groups, the Providers or the Pharmacies, any information that you submit to Jack&Jill Health that is not intended and used solely for the provision of diagnosis and treatment by the Medical Group and Providers or prescription fulfillment by the Pharmacies, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.
Registration; User Accounts, Passwords, and Security
You are obligated to register and set up an account in the Platform in order to access the Service, and the Service is available only to Users who have registered and have been granted accounts with usernames and passwords. You agree to accurately maintain and update any information about yourself that you have provided to Jack&Jill Health, the Medical Group or its Providers or the Pharmacies. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify Jack&Jill Health of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Service by emailing Jack&Jill Health at help@jackjill.Health. In addition, you agree to keep confidential your username and password and to exit from your User account at the end of each session. Jack&Jill Health explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
When establishing an account, you will be required to provide a username and password that will be used as your login for your account. To help protect the privacy of data you transmit through the Service, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the User data we collect against unauthorized access. However, you should keep in mind that the Service and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Service and information about you, including medical information, contained in the Service. It is your responsibility to affirmatively logout from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone and other devices, and to protect the confidentiality of your username and password.
You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. Jack&Jill Health may investigate any alleged or suspected violations and if a criminal violation is suspected, Jack&Jill Health may cooperate with law enforcement agencies in their investigations.
Digital Millennium Copyright Act Policy
The Digital Millennium Copyright Act of 1998 (“DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to help@jackjill.Health.
Use and Ownership of the Service
Service and the information and Content available through the Service are protected by copyright laws throughout the world. Subject to your compliance with this Agreement, Jack&Jill Health grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal use. Unless otherwise specified by Jack&Jill Health in a separate license, your right to use any of the Service or the Content is subject to this Agreement and all rights in the Service and Content are reserved by Jack&Jill Health. You agree that Jack&Jill Health and its suppliers own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. ‘Jack&Jill Health’ stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Service are the trademarks of Jack&Jill Health and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.
License to Information Submitted via the Service
Subject to any limitations on PHI described below, any information you transmit to Jack&Jill Health via the Service, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions ”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable account settings that you select, you grant Jack&Jill Health a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Submissions (in whole or in part) for the purposes of operating and providing the Service to you and to our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Jack&Jill Health, are responsible for all of Submissions that you provide to the Service. In addition to the foregoing, Jack&Jill Health shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that Jack&Jill Health deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission. Moreover, to the fullest extent permitted by applicable laws and regulations, Jack&Jill Health shall have the right to use patient-reported data, including, without limitation, Submissions that you provide to Jack&Jill Health on an aggregated and anonymized basis to analyze reported outcomes and behaviors in order allow Jack&Jill Health to: (i) inform prescribing best practices, (ii) improve predictive longevity modeling, and (iii) produce product recommendations that might be shared with third parties. Jack&Jill Health also reserves the right, subject to applicable laws and regulations, to share aggregated and de-identified patient-reported data with academic and research institutions or to use such data in its own academic or research publications at the sole discretion of Jack&Jill Health.
Prohibited Use
Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by Jack&Jill Health to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Jack&Jill Health, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) for any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Jack&Jill Health representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.
Jack&Jill Health reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. Jack&Jill Health may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Except as may be provided in the Privacy Policy or prohibited by applicable law, Jack&Jill Health reserves the right at all times to disclose any information as Jack&Jill Health deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Jack&Jill Health’s sole discretion.
Right to Monitor
Jack&Jill Health reserves the right to monitor general use of the Service at any time as it deems appropriate and to remove any materials that, in Jack&Jill Health’s sole discretion, may be illegal, may subject Jack&Jill Health to liability, may violate this Agreement, or are, in the sole discretion of Jack&Jill Health, inconsistent with Jack&Jill Health’s purpose for the Service.
Third-Party Goods and Services
Parties other than Jack&Jill Health, including Pharmacies, Medical Group and Providers (collectively, “Third-Parties”) provide services or sell products through the Service, and Jack&Jill Health may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and Services and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.
You agree that Jack&Jill Health shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Platform, any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand and agree that Jack&Jill Health is under no obligation to become involved in such dispute, and you hereby release and indemnify Jack&Jill Health, its affiliates and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Jack&Jill Health Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Certain of Jack&Jill Health’s shareholders, directors, officers, employees, contractors or agents (collectively, “Jack&Jill Health Owners and Personnel”) may have a financial interest in one or more Third-Parties, and may profit from your use of the Third-Parties and/or the sale of Third-Party Goods and Services to you.
Terms of Sale
All products offered for sale by Jack&Jill Health are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Jack&Jill Health without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.
All credit card, debit card and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by Jack&Jill Health’s third-party online payment processing vendor, Stripe (“Stripe”). Additional information about Stripe, its privacy policy and its information security measures (collectively, the “Stripe Policies”) should be available on the Stripe website located at or by contacting Stipe directly. Reference is made to the Stripe Policies for informational purposes only and are in no way incorporated into or made a part of this Privacy Policy. Jack&Jill Health’s relationship with Stripe, if any, is merely contractual in nature, as Stripe nothing more than a third-party vendor to Jack&Jill Health, and is in no way subject to Jack&Jill Health’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
We reserve the right to remedy User issues and concerns on a case–by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.
Termination
Jack&Jill Health may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if our agreement with the Medical Groups or Pharmacies terminate or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with Jack&Jill Health. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all Jack&Jill Health Parties harmless from any and all liability that any such Jack&Jill Health Parties may incur with respect thereto.
Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to Health records), we have no obligation, whether before or after the termination of your use of the Service, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, any information your Providers provided to us about or relating to you, or any other information that we may have that relates to you.
Disclaimers
Content and other information contained on the Service is provided by Jack&Jill Health as a convenience. Users relying on Content or other information from the Service do so at their own risk.
THE SERVICE AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. THE Jack&Jill Health PARTIES AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO the SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH the SERVICE OR THE PLATFORM. Jack&Jill Health DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. Jack&Jill Health DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE Jack&Jill Health PARTIES OR ANY THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS AND THE PHARMACIES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED BY ANY Health CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICE (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE Health CARE PROVIDERS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR MALPRACTICE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Jack&Jill Health HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE Jack&Jill Health PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,00 .
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold the Jack&Jill Health Parties and any third-party offering products or services through the Service, including the Medical Groups, Providers and Pharmacies, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of these Terms and Conditions or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
Notices
Any notices to you from Jack&Jill Health regarding the Service or this Agreement may be made by email, a posted notice on the Service, or regular mail, in the sole discretion of Jack&Jill Health.
Electronic Communications
By providing your email address on our website without creating an account, you agree to receive reminder emails from us. These emails will solely serve as a prompt for you to complete the account creation process. The reminder emails will not contain any PHI. Additionally, please be aware that we may have access to information about the path you took on our website (e.g., the specific medication page you clicked through) before entering your email address. You have the option to opt out of receiving these reminder emails at any time by clicking the ‘unsubscribe’ link included in the emails.
When you access or use the Service or send emails to us, the Medical Group or its Providers, you are communicating with us, the Medical Group and its Providers electronically. You consent to receive communications from us, the Medical Group and its Providers electronically. We will communicate with you via email or through the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.
Entire Agreement
This Agreement and any other agreements Jack&Jill Health may post on the Service constitute the entire agreement between Jack&Jill Health and you in connection with your use of the Service and supersede any prior agreements between Jack&Jill Health and you regarding use of the Service, including prior versions of this Agreement.
Binding Arbitration / Class Waiver
YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND Jack&Jill Health OR YOU AND ANY OF THE Jack&Jill Health PARTIES OR ANY MEDICAL GROUP OR PROVIDER ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO Jack&Jill Health, THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER Jack&Jill Health GOODS, SERVICES OR ADVERTISING, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Jack&Jill Health will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Jack&Jill Health also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration shall be conducted in New York, New York, except that, in the event New York, New York is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and Jack&Jill Health agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in New York, New York, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in New York, New York, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with Jack&Jill Health. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with Jack&Jill Health to: 228 Park Ave S, PMB 94997, New York, New York 10003-1502 USA, ATTN: Arbitration Opt-Out.
Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to 228 Park Ave S, PMB 94997, New York, New York 10003-1502 USA, ATTN: Dispute Notice. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at 228 Park Ave S, PMB 94997, New York, New York 10003-1502 USA, ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications.
Governing Law; Venue; Severability of Provisions
This Service is controlled and operated by Jack&Jill Health from our offices within New York. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.
The validity, interpretation, construction and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the State of New York, without regard to any conflicts of law provisions.
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No Agency Relationship
Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and Jack&Jill Health, the Medical Groups, the Providers or the Pharmacies. You may not enter into any contract on our behalf or bind us in any way.
Assignment
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Jack&Jill Health may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement to any affiliate of Jack&Jill Health or to another third party in the event that some or all of the business of Jack&Jill Health is transferred to such other third party by way of merger, sale of its assets or otherwise.
Third Party Beneficiaries
Any use of third-party software provided in connection with the Service, or any third-party product or service accessed or used in connection with the Service, will be governed by the applicable third-party’s license or terms of use, and not by this Agreement. In addition to this Agreement, your use of the Service must comply with all applicable third-party terms of agreement.
Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of the Jack&Jill Health Parties, the Medical Groups, and the Providers and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, including the Medical Groups, Providers or Pharmacies, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.
Contacting Us
If you have any questions or concerns about this Agreement, please contact us by email at help@jackjill.Health. We will attempt to respond to your questions or concerns promptly after we receive them.
BY PURCHASING A PRODUCT FROM Jack&Jill Health, checking “I AGREE,” to Terms and Conditions, checking a related box to signify your acceptance, using any other ACCEPTANCE protocol presented through the service (AS DEFINED ABOVE) or otherwise affirmatively accepting these Terms and Conditions, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY this Agreement. IF YOU DO NOT AGREE TO THESE Terms and Conditions, DO NOT create an account or USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON or otherwise indicates acceptance to these Terms and Conditions ON YOUR BEHALF.
Jack&Jill Health
228 Park Ave S,
PMB 94997, New York,
New York
10003-1502 USA
The JackHealth Corporation ((“JackHealth”, “we”, “us”) Privacy Policy (“Policy”) was last updated on August 31, 2023. The most up to date version of the policy is posted at https://jackjill.health/privacy-policy. We reserve the right to revise the policy at any time to comply with applicable laws, our current practices and the JackHealth platform.
At JackHealth we want you to feel confident and protected by providing you with clear information about how we handle your Personal Information and Personal Health Information (“Information”).
JackHealth is committed to your privacy by complying with applicable federal laws and regulations including the Personal Information Protection and Electronic Document Act (“PIPEDA”) and provincial health legislations.
Definitions
The words and phrases used in this policy have the same meaning as in JackHealth’s Terms of Use.
“Authorized Healthcare Prescriber” means a physician or nurse practitioner registered to practice in a Province or Territory of Canada and is permitted to provide Healthcare Services and/or Informational Services through the JackHealth Platform.
“Authorized Healthcare Professional” means a regulated health professional registered to practice in a Province or Territory of Canada and is permitted to provide Healthcare Services and/or Informational Services through the JackHealth Platform.
“Applicable Law” means laws and regulations JackHealth, Authorized Healthcare Prescribers, Authorized Healthcare Professionals and Users must abide by.
“Device” means a mobile or desktop device owned or controlled by a User and is used to access JackHealth Services.
“Healthcare Services” means providing health care including the discussion of PHI by an Authorized Healthcare Prescriber or Authorized Healthcare Provider through the JackHealth Platform.
“Informational Services” means offering general information about a disease or condition, and not patient specific health information. It is for educational purposes only and for clarity. It does not include a diagnosis, treatment or advice based on observation, examination or assessment of a particular patient.
“JackHealth Platform” means the hardware, software, applications, websites, content, products and services owned and/or operated by JackHealth Inc., that enables Authorized Healthcare Prescribers and Authorized Healthcare Providers to deliver Healthcare Services and Informational Services to Users.
“Personal Health Information” (“PHI”) means information specific to an individual’s health or healthcare that is subject to Applicable Law and that is collected, created, compiled, used, disclosed or otherwise transmitted and/or stored on or by means of the JackHealth Platform.
“User” (“you”, “your”) means an individual who has created and registered a JackHealth User Account in accordance with our Terms of Use and is eligible to receive Healthcare Services and/or Informational Services through the JackHealth Platform.
JackHealth Corporation uses a number of safeguards to protect the privacy of Users and the confidentiality of their Information. When discussing Informational Services, PHI is not required, and we advise you not to submit this information in the course of accessing Informational Services.
After reviewing this policy, if you still have questions, contact our Chief Compliance Officer as indicated below.
What is Personal Information?
Personal Information is any information which identifies you. This could include, but is not limited to your name, contact information, and information related to your PHI. This could include information related to your family health history, identification of a User to provide healthcare services, and your JackHealth username and password.
How is Personal Information collected by JackHealth?
Personal Information is collected in compliance with PIPEDA, and other provisions under Applicable Law. Personal Information is collected to register Users, create User accounts (“Account”), authenticate login credentials, and personalize the User experience while using the JackHealth Platform.
JackHealth may collect Personal Information from Users directly, and/or from third parties, where we (and/or the third party) have obtained your consent, or as otherwise permitted by law.
JackHealth will collect and use Information only as necessary to provide our services. This includes to develop, assess, and improve our services. We will only collect Personal Information if non-identifying information is not sufficient. We minimize our collection and use of Personal Information to what is needed for the purposes stated above. For example, we do not record the audio or video portions of interactions between Users and Authorized Health Care Practitioners and between Users and Authorized Health Care Providers through the JackHealth Platform.
How do we use User Personal Information?
JackHealth will obtain consent and use Personal Information only as necessary to provide our services, such as:
When and to whom is User Personal Information shared?
JackHealth Corporation uses several safeguards to protect the privacy of Users of the JackHealth Platform and the confidentiality of their Information. Instances in which Information can be shared include:
When and how do we obtain consent?
Consent is obtained at that time Personal Information is collected, prior to the use or disclosure of this Information for any purpose. Consent can be provided electronically, in writing, or orally. The form of consent required, including whether it is expressed or implied, depends on the sensitivity of the Information, and reasonable User expectations in the circumstances. We may rely on a third party to obtain your consent to the sharing of Personal Information with us.
You may withdraw consent at any time by providing JackHealth with notice in writing, expressly instructing that your personal health information not be used, or disclosed for healthcare purposes without consent.
Where do we store Personal Information?
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.
How long will we use, disclose, or retain User Personal Information?
Unless we otherwise give you notice, we will retain your Information on the JackHealth Platform on your behalf until such times as you or we terminate your User Account. On termination of your User Account, we will delete the Information associated with your User Account.
JackHealth will use and disclose your Information as long as necessary to fulfil the purposes for which they were collected and as permitted by law.
How can Users review Personal Information that we have collected, used, or disclosed or correct inaccurate Personal Information?
You can access your Information to check that it is accurate, complete, and up to date by making a request to jack@jackhealth.ca.
Users can update and correct any Information except Information an Authorized Healthcare Prescriber or Authorized Healthcare Provider has viewed or created. To correct Information that has been viewed or created during a Healthcare Services consultation making a request to jack@jackhealth.ca.
Contact the Authorized Healthcare Prescriber or Authorized Healthcare Provider who provided the Healthcare Services to access or request the correction of Information in their notes on the JackHealth Platform or that they hold in their medical records.
How fast will we respond to User written requests?
We will attempt to respond to each User written request within 30 days of receipt. We will advise Users in writing if we cannot meet your request within this time limit. You have the right to make a complaint to the Privacy Commissioner of Canada, and/or the appropriate provincial privacy governing body.
Is there a cost for User to request details about their Personal Information or our privacy practices?
JackHealth will not charge any costs for Users to access their Personal Information in our records, or to access our privacy practices without first providing Users with an estimate of appropriate costs, if any. Users may be requested to provide sufficient information to permit access to the existence, use, or disclosure of their Personal Information. Any such identifying information shall be used only for this purpose.
Do you verify Users requesting their Personal Information?
Users could be requested to provide sufficient information to permit access to the existence, use, or disclosure of their Personal Information. Any such identifying information will be used only for this purpose.
Who is accountable for my Personal Information?
In most of the provinces in which JackHealth operates, JackHealth has overall responsibility for protecting the privacy of your Personal Information, including PHI collected in connection with the provision of health services through the JackHealth Platform by a healthcare provider, such as a physician or nurse practitioner.
What safeguards are in place to protect User Personal Information?
JackHealth takes the security of your information seriously. We have measures in place to protect User Personal Information. This includes including physical, organizational, contractual and technological safeguards to protect Information from loss or theft, unauthorized access, disclosure, copying, use or modification.
JackHealth Personnel are obligated to protect Information by adhering to our policies, practices and Applicable Law.
Users play an important role in protecting your privacy and the confidentiality of your Information. You can do so by taking the following precautions:
Notwithstanding the safeguards we have 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 using appropriate security measures, such as the measures JackHealth employs. These risks include interception, loss, corruption, unauthorized access to, use and disclosure of Information, and delay in the availability of Information.
Cookies and De-identified Data
JackHealth may collect and use data (information collected or compiled through the JackHealth Platform) that no longer identifies a User. This data may be used for monitoring the compliance of Users and Authorized Personnel with the JackHealth Platform Terms of Use, for making the JackHealth Platform more accessible and enhancing the Users and Authorized Personnels experience. We may also use or disclose data for the purposes of product and marketing 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.
The JackHealth 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 usage of the JackHealth Platform, analyze trends, and administer, personalize and improve the experience of using the JackHealth Platform for Users and Authorized Personnel.
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 JackHealth Platform might not function correctly. At times, we may use third parties such as ad exchanges and data companies to serve our advertisements on the JackHealth Platform. These companies may also use cookies and other technologies to report certain information about your visits to the JackHealth Platform and other websites (such as web pages you visit from and your response to ads on the JackHealth Platform) in order 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 JackHealth Platform. By using the JackHealth 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 www.aboutads.info/choices/ or the Digital Advertising Alliance of Canada website at www.youradchoices.ca/choices.
It’s your choice:
The JackHealth Platform offers you functionality and choices for protecting your privacy including:
Contact
Please contact us directly at jack@jackhealth.ca for assistance with using the privacy functionality or with any questions about using the JackHealth Platform.
You may contact us at any time to: stop receiving e-mails or other correspondence from us, seek assistance with viewing and correcting Information, and close your User Account.
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.
Jack & Jill Health Inc.
ATTN: Chief Compliance Officer
jack@jackhealth.ca
(877)-267-5225
75 Montpelier Str.
Brampton, L6Y 6H4
The JackHealth Privacy Policy was updated on January 14, 2020. The words and phrases used in this Policy have the same meaning as in JackHealth’s Terms of Use. 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.
JackHealth Corporation (“JackHealth”, “we”, “us”) uses a number of safeguards to protect the privacy of Users of the JackHealth Platform and the confidentiality of their Personal Information including Personal Health Information (collectively referred to together in this Privacy Policy as “Information”). When discussing Healthcare Services, Information typically refers to Personal Health Information (“PHI”), and when discussing Informational Services, Information typically refers to information that is not specifically about you or your health, such as information in questions you would be comfortable asking of an expert during the call-in portion of a radio broadcast on health-related matters. PHI is not required for Informational services, and we advise you to not to submit PHI in the course of accessing Informational Services.
The agreement between JackHealth and physicians providing services through the JackHealth Platform, (JackHealth Physician Services Agreement) and the Terms of Use for the JackHealth Platform explain the services that JackHealth provides to Authorized Physicians and to Users respectively. The agreement between JackHealth and Non-Physician Providers providing services through the JackHealth Platform, (e.g. JackHealth Nurse Practitioner and Pharmacy Services Agreement) explain the services that JackHealth provides to Authorized Non-Physician Providers.
This Privacy Policy (“Policy”) summarizes how JackHealth collects, uses, discloses, retains, disposes of, destroys and protects Information as well as Data (information that does not identify an individual) in the course of providing our services. We are committed to complying with this Policy and with applicable Provincial and Federal privacy legislation.
Note that this Policy does not apply to the collection, use, retention, disposal, destruction, and protection of Information by Authorized Physicians or Authorized Non-Physician Providers. Authorized Physicians and Authorized Non-Physician Providers 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 JackHealth Platform. Please feel free to ask any Authorized Physician or Authorized Non-Physician Provider to whom you are referred if you have questions about how he or she will treat your Information.
Collecting and using Information
JackHealth 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 and between Users and Authorized Non-Physician Providers through the JackHealth Platform.
As mentioned, Authorized Physicians and Authorized Non-Physician Providers 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 JackHealth Platform. A particular Authorized Physician or Authorized Non-Physician Providers may or may not chose to collect or use Information as described below in connection with a particular interaction with a User.
Healthcare Services
Authorized Physicians and Authorized Non-Physician Providers 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 JackHealth Platform and/or by creating or compiling Information in the JackHealth Platform. Information that will be available to Authorized Physicians and Authorized Non-Physician Providers 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 JackHealth Platform with other Authorized Physicians and/or Authorized Non-Physician Providers; the name, email address, phone number, gender and date of birth and province/territory that you provided when you registered; and your emergency contact’s name and contact information. Authorized Physicians and Authorized Non-Physician Providers use Information to provide you with Healthcare Services and/or Informational Services and, as with any healthcare provider, must comply with the privacy legislation and medical record-keeping obligations to which they are subject. Authorized Physicians and Authorized Non-Physician Providers may create Information such as prescriptions, sick notes and other notes about your interaction with them through the JackHealth Platform. They may export or print copies of your Information that they collect. Authorized Physicians and Authorized Non-Physician Providers may, but are not required to email or text your emergency contact if they believe that you are dealing with a medical emergency during a consultation. You are responsible for advising your emergency contact that you are providing their name and contact information to JackHealth and Authorized Physicians and Authorized Non-Physician Providers, and for obtaining any necessary consent from them for the provision and use of their information in connection with the JackHealth Platform.
Informational Services
Authorized Physicians and Authorized Non-Physician Providers 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 JackHealth Platform and by creating or compiling Information in the JackHealth 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 JackHealth Platform (name, gender, date of birth and place of residence) to confirm your eligibility to receive Informational Services. Authorized Physicians and Authorized Non-Physician Providers are bound to comply with privacy legislation applicable to providers of Informational Services.
Provision of the JackHealth Platform
We collect and use your Information to register you, create your User Account, authenticate you when you log in and personalize your experience while using the JackHealth Platform. We confirm your eligibility to use the JackHealth 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 JackHealth Platform such as your medical records, and the name and contact information for your emergency contact.
When seeking Healthcare Services, you may also choose to enter or upload and store Information about individuals for whom you have the legal authority to make decisions regarding their healthcare and for whom you have created a profile by providing their first and last name, gender and date of birth (each a “Registered Dependent”). We use their date of birth where applicable and your assertion of their relationship with you to confirm your eligibility to obtain Healthcare Services for them, and their eligibility to receive Healthcare Services.
We use Information that you enter, or upload, or which is created as part of an interaction with an Authorized Physician or Authorized Non-Physician Provider 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 JackHealth Platform, its content and advertising provided to you through it (JackHealth’s and third parties’) unless you have decided not to receive such advertising.
Users eligible for Healthcare Services:
To request Healthcare Services, you select any applicable symptoms relevant to your request. You may also specify whether you’re seeking to renew a prescription or obtain a sick note. We facilitate your disclosure to the Authorized Physician or Authorized Non-Physician Provider 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 or Authorized Non-Physician Provider confirms that your request is eligible, we identify the Authorized Physician or Authorized Non-Physician Provider to you. The JackHealth Platform presents to the Authorized Physician or Authorized Non-Physician Provider 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. Unless you have elected to withhold access to information held in the JackHealth Platform about you or any Registered Dependent, the Authorized Physician or Authorized Non-Physician Provider will be able to view it too.
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 Authorized Non-Physician Provider or pharmacy that is licensed or authorized to provide such services in the jurisdiction where you are located. We also use your IP address for security purposes, e.g., presenting you with information about your account activity in your account settings.
Users eligible for Informational Services:
When you request Informational Services, you select any topics for which you are seeking education. On your behalf, we present the information that you provide to an Authorized Physician or Authorized Non-Physician Provider to determine whether your request is eligible for Informational Services. We do not identify you. Once the Authorized Physician or Authorized Non-Physician Provider confirms that your request is eligible, we identify the Authorized Physician or Authorized Non-Physician Provider to you. The JackHealth Platform presents to the Authorized Physician or Authorized Non-Physician Providers the Information you provided in your request for Informational Services and your name.
We use your Information to text or email you to notify you about services that you request, for example, about the status of your request for Informational Services.
We may collect location data through the use of GPS technology and your IP address to support you in receiving services, e.g., ensuring you are connected to an Authorized Physician or Authorized Non-Physician Provider who is authorized to provide such services in the jurisdiction where you are located. We also use your IP address for security purposes, e.g., presenting you with information about your account activity in your account settings.
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 or an Authorized Non-Physician Provider prior to their acceptance of your request for Healthcare Services, JackHealth 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 or Authorized Non-Physician Provider 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 Use 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 by logging in to your User Account and updating your preferences. For clarity, service announcements including updates to our policies and Terms of Use 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 JackHealth 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.
Disclosing 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 Physicians or Authorized Non-Physician 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 laws or regulations, respond to a subpoena, order, or similar obligation to produce information; establish or exercise JackHealth’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 JackHealth 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 and Authorized Non-Physician Providers 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 or an Authorized Non-Physician Provider about your consultation from the Authorized Physician or Authorized Non-Physician Provider. As mentioned above, JackHealth is not the custodian of Information held on the JackHealth Platform; rather it holds Information on behalf of Users or Authorized Physicians and Authorized Non-Physician Providers. 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 or Authorized Non-Physician Provider advises us he or she requires in connection with a consultation or Informational Services the Authorized Physician or Authorized Non-Physician Provider provided. In such circumstances, JackHealth will destroy the Information when the Authorized Physician or Authorized Non-Physician Provider has obtained a copy or terminates his/her account with JackHealth.
Accessing and correcting Information
Healthcare Services
You can access your Information or that of your Registered Dependents to check that it is accurate, complete, and up to date by making a request to jack@jackhealth.ca.
You may update and edit any of your Information except Information an Authorized Physician or Authorized Non-Physician Provider has viewed or created Information during a Healthcare Services consultation making a request to jack@jackhealth.ca. Contact the Authorized Physician or Authorized Non-Physician Provider who provided the Healthcare Services to access or request the correction of Information in their notes on the JackHealth Platform or that they hold in their medical records.
Informational Services
You can access Information you provided in your request(s) for Informational Services by by making a request to jack@jackhealth.ca.
Your choices
The JackHealth Platform offers you functionality and choices for protecting your privacy which include:
You may choose whether to use audio, chat, or video for interactions with Authorized Physicians and Authorized Non-Physician Providers.
When seeking Healthcare Services, you may withhold Information, e.g., consultation information and medical records from Authorized Physicians and/or Authorized Non-Physician Providers. Please be aware that Authorized Physicians and Authorized Non-Physician Providers may be unable to provide you with Healthcare Services as a result. They will advise you of the implications of your choice.
When seeking Informational Services, any previous Information collected e.g., consultation information and records, will not be accessible by the Authorized Physician or Authorized Non-Physician Provider providing the services unless you specifically elect to provide access.
You may choose whether to receive communications by email or SMS.
Please contact us directly at jack@jackhealth.ca for assistance with using the privacy functionality or with any questions about using the JackHealth Platform. Additionally, you may contact us at any time to: stop receiving e-mails or other correspondence from us, seek assistance with viewing and correcting Information, and close your User Account. To protect privacy, we may request information to verify your identity when you contact us.
Safeguarding Information
JackHealth 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, JackHealth Personnel are obligated to protect Information by adhering to our policies, practices and applicable laws.
You also play an important role in protecting your privacy and the confidentiality of your Information. For example:
Create a strong and unique password for your User Account, using JackHealth’s password strength estimator, and update it periodically.
Do not share your User 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 contact us if you receive such a request.
Log out of your User Account once you are finished using it, especially if you share your Device with anyone else.
Have a strong and unique password on your Device, too.
Choose a quiet, private location from which to receive services from Authorized Physicians and Authorized Non-Physician Providers.
Collecting, using and sharing Data
JackHealth de-identifies Information on behalf of Authorized Physicians and Authorized Non-Physician Providers. Under their agreement with JackHealth, Authorized Physicians and Authorized Non-Physician Providers permit JackHealth to collect and use the resulting de-identified data for purposes that include: quality control activities designed to ensure use of the JackHealth Platform in compliance with the JackHealth Physician Services Agreement, Authorized Non-Physician Provider Agreements such as the JackHealth Therapists Agreement, and the Terms of Use; improving the JackHealth Platform and more generally, the use of patient-initiated telemedicine services (through an understanding of usage and utilization patterns by Users and Authorized Physicians and Authorized Non-Physician Providers); 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
The JackHealth Platform, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. We use these technologies to better understand User behaviour, analyze trends, administer, personalize and improve the experience of using the JackHealth Platform. You have the ability to 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 JackHealth Platform might not function correctly. At times, we may use third parties such as ad exchanges and data companies to serve our advertisements on the JackHealth Platform. These companies may also use cookies and other technologies to report certain information about your visits to the JackHealth Platform and other websites (such as web pages you visit from and your response to ads on the JackHealth Platform) in order 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 JackHealth Platform. By using the JackHealth 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 www.aboutads.info/choices/ or the Digital Advertising Alliance of Canada website at www.youradchoices.ca/choices.
Links and third party websites and applications
The JackHealth 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.
Policy changes
We publish the current version of our Policy at https://jackhealth.ca/4817059896/policies/6461653048.html. 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.
Contact Us
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.
Jack & Jill Health Inc.
ATTN: Chief Compliance Officer
jack@jackhealth.ca
(877)-267-5225
75 Montpelier Str.
Brampton, L6Y 6H4
Definitions
“Authorized Physician” means a physician who is registered to practice medicine in a Province or Territory of Canada, meets JackHealth’s other criteria, and is permitted to provide Healthcare Services and/or Informational Services through the JackHealth Platform.
“Authorized Non-Physician Provider” means an independent, regulated health professional (such as a psychotherapist or a nurse) registered to provide healthcare in a Province or Territory of Canada, meets JackHealth’s other criteria, and is permitted to provide Healthcare Services and/or Informational Services through the JackHealth Platform.
“Data” means information collected or compiled through the JackHealth 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 JackHealth Physician Services.
“Health Care” means any observation, examination, assessment, care, service or procedure that is provided by a physician or a non-physician healthcare provider 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 or an Authorized Non-Physician Provider through the JackHealth 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.
“JackHealth 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 and Authorized Non-Physician Providers 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 JackHealth Platform.
“Personnel” in relation to JackHealth, means its employees and agents including independent contractors and sub-contractors, for whom JackHealth 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 JackHealth 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 registered and created a JackHealth User Account in accordance with our Terms of Use and is thereby eligible to receive Healthcare Services and/or Informational Services through the JackHealth Platform.
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