May 15, 2018
Triage is not considered a medical device in accordance with the Food, Drug and Cosmetic Act Section 201(h) and is not intended to treat or diagnose any disease. Triage is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always read the label before taking any over-the-counter (OTC) medications. The label identifies the active ingredient(s) and contains other important information including warnings about possible drug interactions and side effects. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on Triage! If you think you may have a medical emergency, call your doctor or 911 immediately. Triage does not recommend or endorse any specific products or services. Reliance on any information provided by Triage is solely at your own risk.
Triage Technologies, Inc. App
Effective Date: May 15, 2018
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS APP.
By using this App, you signify your assent to these Terms and Conditions of Use (the “Terms and Conditions”). If you do not agree to all of these Terms and Conditions of use, do not use this App. Triage Technologies, Inc. (“Triage”) may revise and update these Terms and Conditions at any time. Your continued usage of the Triage app (the “Triage App” or the “App”) will mean you accept those changes.
Triage Does Not Provide Medical Advice
The contents of the Triage App, such as text, graphics, images, and other material contained on the App (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Triage App!
If you think you may have a medical emergency, call your doctor or 911 immediately. Triage does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the App. Reliance on any information provided by Triage, Triage employees, others appearing on the App at the invitation of Triage, or other visitors to the App is solely at your own risk. The App may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our App.
Ownership and Access to the Triage App
Triage and its third-party licensors owns all right, title and interest in and to the Triage App and the Content, and all intellectual property rights contained therein, including, without limitation, all software code and algorithms underlying the operation of the App, and all trademarks and copyrighted materials contained on the App. Subject to your compliance with, and during the term of, this Agreement, Triage grants you a non-exclusive, personal, non-transferable, non-sublicensable limited license to access the App for your own internal, non-commercial purposes in accordance with these Terms and Conditions. Except as expressly set forth in the previous sentence, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Triage App or any intellectual property rights therein or related thereto without the prior written permission of Triage.
Liability of Triage
The use of the Triage App, and the Content is at your own risk. When using the Triage App, information will be transmitted over a medium that is beyond the control of Triage. Accordingly, Triage assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Triage App.
The Triage App and the Content are provided on an “as is” basis. Triage, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Triage makes no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Triage App.
In no event shall Triage be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Triage App or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Triage is advised of the possibility of such damages. Triage shall be liable only to the extent of actual damages incurred by you, but such amount shall not exceed CAD $1,000.00. Triage is not liable for any personal injury, including death, caused by your use or misuse of the App or Content. Any claims arising in connection with your use of the App or any Content must be brought within one (1) year of the date on which the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
Searches and Links to Other Sites
Triage may provide links to third-party web sites. Triage does not recommend and does not endorse the content on any third-party websites. Triage is not responsible for the content of linked third-party sites, sites framed within the Triage App or third-party sites provided as search results, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
You agree to defend, indemnify, and hold Triage, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Triage is based in Canada with principal offices in London, Ontario. Triage makes no claims that Triage, the Triage App or the Content are appropriate or may be downloaded outside of Canada. Access to the Content may not be legal by certain persons or in certain countries. If you access the Triage App from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with Triage, or in any way relating to your use of the Triage App, resides in the courts of Ontario and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Ontario in connection with any such dispute including any claim involving Triage or its affiliates, subsidiaries, employees, contractors, officers, directors and telecommunication providers.
These Terms and Conditions are governed by the internal substantive laws of Ontario, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. In lieu of the invalid or unenforceable provision, the parties will substitute or add as part of this Agreement a valid and enforceable provision that will be as similar as possible in economic and business objectives as was intended by the invalid or unenforceable provision. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from this web App by contacting Triage’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Triage’s agent for copyright issues is as follows:
Triage Technologies, Inc.
700 Collip Circle, Suite 116
London, Ontario N6G 4C4
In an effort to protect the rights of copyright owners, Triage maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the App who are repeat infringers.
Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via mail to: Triage Technologies, Inc., 700 Collip Circle, Suite 116, London, Ontario N6G 4C4. We try to answer every email in a timely manner but due to volume may not always be able to do so.
Triage offers services, such as helping you learn about a possible condition you might have, treatment options and external resources to receive a complete diagnosis (“Triage Services”). As part of providing the Triage Services, Triage may collect, use, share, and exchange your health history forms and other health-related information with Your Healthcare Providers. Under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”), some of this health and health-related information may be considered “protected health information” or “PHI” if education you on possible conditions you might have.
Safeguards for PHI
HIPAA protects the privacy and security of your PHI by limiting the uses and disclosures of PHI by most healthcare providers and by health plans (called “Covered Entities”) as well as companies, like Triage, that provide certain types of assistance to Covered Entities (called “Business Associates”). Under certain circumstances described in HIPAA, an individual needs to sign an Authorization form before a Covered Entity, like Your Healthcare Provider(s), can disclose protected health information to a third party.
Non-Protected Health Information
Your PHI Authorization
The purpose of this Triage Authorization (“Authorization”) is to request your written permission to allow Triage to use and disclose your PHI in the same way as we use and disclose your Non-PHI. If Triage is a Business Associate of third-parties, Triage needs your Authorization to be able to use and disclose your PHI in the same way it can currently use and disclose your Non-PHI when Triage is not working with third-parties, but is instead working on its own behalf. Therefore, when Triage relies on this Authorization, and uses and discloses PHI as described in this Authorization, it is not working as a Business Associate and the HIPAA requirements that apply to Business Associates will not apply to such uses and disclosures.
If you upload a photo, you give permission to Triage to retain your PHI and to use and/or disclose your PHI in the same way that you have agreed that your Non-PHI can be used and disclosed.
Specifically, you agree that Triage can use your PHI to:
- enable and customize your use of the Triage Services;
- provide you alerts or other Triage Services that might help you’re your possible condition;
- notify you regarding treatments we think you may be interested in learning more about;
- share information with you regarding services, products or resources about which we think you may be interested in learning more;
- provide you with updates and information about the Triage Services;
- market to you about Triage and third party products and services;
- conduct analysis for Triage’s business purposes;
- support development of the Triage Services; and
- create de-identified information and then use and disclose this information in any way permitted by law, including to third parties in connection with their commercial and marketing efforts.
You also agree that Triage can disclose your PHI to:
- third parties assisting Triage with any of the uses described above;
- a third party as part of a potential merger, sale or acquisition of Triage;
- our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to the operation or provision of our services.
If Triage discloses your PHI, Triage will require that the person or entity receiving your PHI agrees to only use and disclose your PHI to carry out its specific business obligations to Triage or for the permitted purpose of the disclosure (as described above). Triage cannot, however, guarantee that any such person or entity to which Triage discloses your PHI or other information will not re-disclose it in ways that you or we did not intend or permit.
Expiration and Revocation of Authorization
Your Authorization remains in effect until you provide written notice of revocation to Triage.
YOU CAN CHANGE YOUR MIND AND REVOKE THIS AUTHORIZATION AT ANY TIME AND FOR ANY (OR NO) REASON.
If you wish to revoke this Authorization, you must notify Triage by submitting a revocation in writing, by email to firstname.lastname@example.org. Your decision not to execute this Authorization or to revoke it at any time will not affect your ability to use certain of the Triage Services. A Revocation of Authorization is effective after you submit it to Triage, but it does not have any effect on Triage’s prior actions taken in reliance on the Authorization before revoked.
Once Triage receives your Revocation of Authorization, Triage can only use and disclose your PHI as permitted in Triage’s agreements with third-parties. Your Revocation of Authorization does not affect Triage’s use of your Non-PHI.
Effective Date: May 15, 2018
How We Collect and Use Your Information
When you sign up to use the Triage App, we may ask you for Personal Information. “Personal Information” means information that we can use to identify or contact you, such as your name, address, telephone number or email address. We may combine the information you submit under your account with information you enter later to provide a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information. We may also contact you regarding updates about our service, including relevant changes to this policy. We will not disclose Personal Information to third parties without your consent.
As you use the resources and tools on the Triage App, the Company will collect health information (such as symptoms you identify), non-personally identifiable demographic information (such as age and gender), and past medical history. We collect this information in order to provide you with more relevant health information. We will also use this information in an aggregated, anonymized format to analyze user behavior and activity on the Triage App and to improve the Triage App (e.g. refining our diagnostic match algorithms). In some cases, health information may be linked to your Personal Information only for your convenience to prevent repeat entry and allow you to document your usage of the App.
In order to improve the usefulness of the Triage App, our servers automatically collect information about your interactions on the App, including, without limitation, search terms, internet protocol address, browser type, browser language, and the date and time of your request.
When you send email or other communications to Triage, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. We may use your email address to communicate with you about our services.
How We Handle Privacy and Security Internally
Triage seeks to use reasonable physical, technical and administrative measures to protect Personal Information and health information under our control. Unfortunately, no data transmission over the internet or data storage system is guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contact Us” section below.
Changing or Removing Your Information
If you want to update the Personal Information that you have provided to us, you may do so through the relevant forms on the App. If you would like to delete your Personal Information from our systems, you should contact us following the directions in the “Contact Us” section. We try to answer every email within 48 business hours, but may not always be able to do so.
Sharing Your Information
We only share Personal Information with other companies or individuals outside of Triage Technologies, Inc. in the following limited circumstances:
We have your consent. We require opt-in consent for the sharing of any sensitive Personal Information.
We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms and Conditions of Use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of the Company, its users or the public as required or permitted by law. If the Company becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, the Company shall have the right to transfer your information in connection with that transaction. We will provide notice on the App in the event of such a transfer.
Use of Application by Minors
The Triage App is not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personal Information through the Triage App.
Changes to this Policy
Triage is controlled by us from Canada; accordingly, this Policy, and our collection, use and disclosure of your Personal Information and health information, is governed by Canadian law, and not by the laws of any country, territory or jurisdiction other than Canada. We do not represent or warrant that the Triage App or any functionality or feature thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access or use the Triage App do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. By using the Triage App and submitting any Personal Information or health information, users from outside Canada acknowledge that Triage is subject to Canadian law and consent to the transfer of Personal Information and health information to Canada, which may provide a different level of data security than in their country of residence, and waive any claims that may arise under their own national laws.
Please note that e-mail communications are not always secure. Please do not include health information, credit card information or other sensitive information in your e-mail messages to us.