In this Policy, we use the word “you” to refer to any individual user of our Services, such as a practitioner or staff member of a Subscriber, or an individual browsing or using our websites and web-based resources.
Notice to Patients
If you are a patient of one of our Subscriber clinics or practitioners, your clinic or practitioner controls your patient information, including your contact information, billing details and patient records. Please contact your clinic or practitioner for any questions about your patient information. See the section titled Patient Data below for further information.
Why We Collect Personal Information
Information Lugo Clinic Collects from You
Contact Information. We collect your contact information, such as your name, email address and organization, when you fill out our online forms or set up your user account for our Services. We use your contact information to activate your user account, give you access to the Services, and to send you notices about your user account. We may also use your contact information for marketing purposes, such as promotional emails, direct mail and sales contacts.
Log and Device Information. When you access and browse our Services, we collect information about how you are accessing our Services, such as your internet or mobile network connection, your browser or the type of mobile device you are using (if applicable). We use this log and device information to identify how our Services are being accessed and used so we can optimize them for the types of connections, browsers and devices being used. This information is not used to market or send promotions at an individual user level.
- To learn about use of our websites, such as user traffic patterns and the effectiveness of our navigational structure
- To identify email open rates in order to gauge the effectiveness of certain communications or marketing campaigns to clinics
- To allow you to login to secure areas of our Services
- To store your login credentials for easy access to our Services
Social Media. If you login to our Services using a third-party sign-in service, such as Google, Facebook Connect or Twitter, we will receive personal information from those services, such as your name and email address in order to pre-populate our online forms. We also include social media “Like” and “Share” buttons on our websites. These features may collect your IP address and the page you are visiting on our website. They may also set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy policies of the third parties who provide them.
Legal Basis (GDPR EU/UK)
For personal information that is subject to the General Data Protection Regulation (GDPR), we rely on the following legal bases for collecting and using your personal information:
- Your consent
- Our legitimate interests (which are not overridden by your privacy rights), such as operating our business, understanding and improving our Services, direct marketing related to our Services, communicating with our Subscribers and users about our Services, events or related resources, improving our websites and protecting our legal rights and interests.
You may withdraw your consent at any time. Where we are using your personal information for our legitimate interests, you have the right to object to that use. See below under Your Rights for how to withdraw consent or object.
Some patient data is collected by Jane on behalf of Lugo Clinic Inc, but as the provider we are responsible for the collection and use of the data.
Patient Data. Our clinic management platform collects personal information from their patients and creates patient records. These records may include a patient’s name, address, health insurance and billing information, medical charts, appointment history and other patient data (“Patient Data”). This information is sometimes referred to as “personal health information”, “protected health information”, “data concerning health” or “sensitive data” depending on the location of the Subscribers and the privacy laws applicable to them. If you are a patient, Patient Data is collected from you when you visit your Subscriber clinic or practitioner and when you set up an account with the Subscriber clinic through our online booking website.
Subscriber’s Role. As the subscriber, we retain sole control over Patient Data and may be referred to as a “health information custodian”, a “covered entity” or a “controller” depending on their location and the privacy laws applicable to them.
Storage Location. Patient Data is stored in the regional data centre for the location chosen by the Subscriber during the sign-up process. Jane currently has regional data centres in Canada, the United States, UK, and Australia, though this may change from time to time. If we do not have a data centre in the Subscriber’s region, Patient Data will be stored in our Canadian data centre. Please note that we use US-based service providers for appointment reminders sent by email or SMS and, therefore, Patient Data contained in appointment reminders will go through and may be stored temporarily in the United States. All our data centres and service providers maintain a high level of security and are compliant with applicable privacy laws.
Patient Rights. Patients have certain rights with respect to their Patient Data, which may include knowing what information we have stored about you, correcting any inaccurate Patient Data, obtaining a record of your Patient Data and, in certain circumstances, deleting or removing your Patient Data. Please note that we have strict legal and regulatory obligations around Patient Data and may not always be permitted to delete or remove Patient Data.
Questions about Patient Data. If you have any questions about your Patient Data or wish to exercise any or your patient rights, please contact us.
Sharing Your Information
We do not sell or distribute personal information to third parties for their own commercial or marketing purposes. We will only share personal information we collect in the following circumstances:
Suppliers and Service Providers. In order to operate our business and provide the Services to our Subscribers and their users, we may need to share a limited amount of personal information, including Patient Data, with our third-party suppliers and service providers. Before sharing personal information, we ensure that the third parties receiving the personal information have provided appropriate safeguards, and that privacy rights are protected and preserved. Some of the areas where we use third-party suppliers and service providers include:
- Our data centers where all platform data is stored
- Customer support services to help us collect feedback and manage our support services
- Communication services to send out email and SMS notices or reminders
- Payment processors
Corporate Transactions. We may share personal information in connection with negotiating or carrying out a financing or acquisition of our business, a merger or amalgamation with another business, or a sale of all or part of our company assets. Before sharing personal information, we will ensure that appropriate confidentiality and non-disclosure undertakings are in place. We will not share Patient Data in these circumstances.
Compliance with Laws. We may disclose personal information to a third party if we are required to do so by applicable law, government request, court order or regulatory body. We may also be required to disclose personal information to enforce our legal rights, to enforce security requirements, or to respond to an emergency which we believe, in good faith, requires us to disclose personal information. In such instances, if permissible, we will make every reasonable effort to give you as much notice as possible regarding the disclosure of your personal information, what information was disclosed and why. We will not disclose Patient Data unless legally required to do so.
Anonymized/Aggregated Data. Our patient provider Jane may use computer-generated algorithms to gather anonymous and aggregated information from our Subscribers and their Patient Data in order to assist in our continued development and improvement of the Services, and for research, data analysis, benchmarking, statistics or trend analysis. We will ensure that none of the information we gather identifies, or could be used to identify, any user or patient. Jane may share such anonymized information with our clinic and others, for example, by providing insights into most common conditions, most popular treatments or benchmarking fees against industry or regional norms.
We protect your personal information, including Patient Data stored in our providers platform (Jane App), by:
- Using industry standard security controls such an encryption and an SSL (Secured Sockets Layers) certificate to ensure information is transmitted over a secured connection between your browser and our web server.
- Using state-of-the-art data centres with appropriate security and compliance certifications, such SOC 2 and EU-US Privacy Shield that are HIPAA compliant.
- Having our personnel sign strict confidentiality agreements to ensure they understand the confidential nature of the data we process, and only accessing your account when you request assistance from us.
- Requiring password protection of your user account with a password set by you. We cannot access or identify your password. The only way to recover a password is for you to initiate a reset via the email address or mobile phone number you use for the Services.
While we employ industry standard measures to protect your information, no electronic communication can ever be completely secure. You share responsibility for protection of your personal information by setting a strong password and by keeping your username and password confidential.
We retain personal information only for as long as necessary to achieve our stated purposes, or as required by applicable law. For example, Contact and Billing information is kept for as long as a Subscriber account is active and for a reasonable period after it has been deactivated in the event you or your Subscriber wish to re-activate the account. User account information may also be retained as necessary to comply with our legal obligations, resolve disputes or maintain our relationship with your Subscriber organization. Credit card information is never kept or stored by us.
We are required to store all patient data, including but not limited to charts, notes and personal information for seven years to comply with our requirements for the government and associations.
Personal information may be transferred to and processed in Canada and the United States. Before transferring your personal information, we ensure that appropriate safeguards are in place and that your privacy rights are protected and preserved. Such safeguards may include the existence of an EU adequacy decision, certification and adherence to EU-US Privacy Shield and Swiss-US Privacy Shield Frameworks, the Standard Contractual Clauses approved by the European Commission, binding corporate rules, or other legal mechanisms to safeguard the personal information being transferred.
Information about the Privacy Shield Frameworks can be found at www.privacyshield.gov
Individuals have certain rights with respect to their personal information. These rights are set out below. If you are a patient of one of our Subscriber clinics, please contact your clinic or practitioner to exercise any of these rights with respect to your Patient Data.
Correction and Deletion. We will make reasonable efforts to ensure that the personal information we collect from you is accurate and complete. You may update, correct or delete your account information at any time by logging into your user account and modifying your personal information, including your preferences to receive messages from us. You may also update, correct or delete your personal information by contacting us as noted below.
Withdrawing Consent. Where we have relied on your consent to use your personal information, you have the right to withdraw that consent at any time by contacting us as noted below. In addition, all our marketing email messages contain the ability to automatically “opt-out” or unsubscribe from our mailing lists and marketing messages.
Access and Portability. You have the right to request a record of the personal information that we have collected about you and to ask that the information be provided in a structured, used electronic format (where applicable and technically feasible). There may be some cases where we cannot provide you with certain information about you if it would mean disclosure of personal information of another person or other confidential information, or if it would compromise our security systems. If you require access to your personal information, please Contact Us. We will respond to you within thirty (30) days of receiving your request. We may charge a fee where permitted by applicable law.
Restriction and Objection. In certain limited circumstances, individuals in the EU may request that we restrict our use of their personal information and, where we rely on legitimate interests as the legal basis for using your personal information, you have the right to object to such use. In these cases, we can be required to no longer use your personal information; however, this may mean that certain components of our Services cannot be made available to you. If you wish to exercise your right to restrict or object, please Contact Us.
Complaints. You have the right to lodge a complaint with a supervisory authority (i.e., the independent public authority responsible for monitoring data protection laws in your country). You may also contact the Information and Privacy Commissioner of British Columbia (for British Columbia matters) ( http://www.oipc.bc.ca/ ) or the Privacy Commissioner of Canada (for international matters and inter-provincial matters) ( http://www.priv.gc.ca/ ).
Lugo Clinic Inc.
#505 – 5400 Portage Road
Niagara Falls, ON
L2G 5X9 Canada
Attention: Privacy Officer
Updated: September 5, 2023