Legal Information




Privacy Policy:


Last Updated: August 3, 2014

ATD Health Network Inc. ("ATD", "we", "us", "our") is committed to protecting your privacy. ATD's website (the "Website") is a medical information website for the general public. ATD needs to collect certain personal information in order to facilitate the services provided through the Website, and this privacy policy ("Privacy Policy") is designed to inform you about our practices relating to the collection, use and disclosure of personal information.

COLLECTION AND USE OF PERSONAL INFORMATION

The term "personal information" means information about an identifiable individual.

We may collect personal information when you:

  • register for an account with ATD (the "ATD Account");
  • ask a question, search for answers, or otherwise use the Website; or
  • contact us with a comment, question or complaint.


Registering for a ATD Account

When you visit the Website for the first time, you will be asked to register for an ATD Account. We collect personal information including your name, email address, gender, and age range for the purposes of administering your account.

Using ATD

ATD enables you to locate general medical information by asking a question or searching for previously answered questions. When you ask a question about a medical condition through the Website, we collect and use the information you include in your question—including any information about a medical condition that you may be asking about—for the purposes connecting you with someone who can help answer your question or direct to you additional resources that may be of assistance. When you search for medical information through the Website, we collect and use your search terms for the purposes of locating relevant information to present for your review.

Customer Service

When you contact us with a question, comment or complaint, you may be asked for information that identifies you (such as your name or email address) along with additional information we need to help us confirm your identity (if necessary), and to promptly answer your question or respond to your comment or complaint. We may also retain this information to assist you in the future and to improve our customer service and service offerings.

DISCLOSURE OF PERSONAL INFORMATION

We will not disclose, trade, rent, sell or otherwise transfer your personal information, without your consent, except as otherwise set out herein.

Questions that you ask

When you ask a question through the Website, we may disclose your question, name, gender, and age group to a medical professional for the purposes of enabling the medical professional to review your question, general information about you , and answer your question or direct you to additional resources. We do not disclose your e-mail address to the medical professional, and the medical professional is not authorized to use any personal information that you may include in your question for purposes other than answering your question through the Website.

Service Provider Arrangements

We may transfer (or otherwise make available) your personal information to our affiliates, partners and other third parties who provide services on our behalf. For example, we may use service providers to host the Website or send communications on our behalf.

Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own purposes. Your personal information may be maintained and processed by our affiliates and other third party service providers in the U.S.

Sale of Business

We may transfer any information we have about you as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of the Website or as part of a corporate reorganization or stock sale or other change in corporate control.

Legal

ATD, our affiliates and our Canadian, US and other service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by applicable Canadian, U.S. or other law. We may also disclose personal information where necessary for the establishment, exercise or defence of legal claims, or as otherwise permitted by law.

Technical Information

When you use the Website, we collect information about your interaction with the Website, such as what features you use. We also collect the IP (Internet protocol) addresses of all visitors to our Website and other related information such as page requests, browser type, operating system and average time spent on our Website. We collect and use this information for the purposes of helping us understand how our users use the Website.

We may also use a third party to help us gather and analyze information about the areas that you visit on the Website to evaluate and improve the customer experience and the convenience of the Website, and to help us evaluate some of the specific information related to your visits to the Website. To find out more about our service provider's privacy policy, or if you would like to deactivate our ability to analyze your browsing through the use of this service, please click here.

Safeguards

We have implemented administrative, technical and physical safeguards designed to protect personal information in our custody and control against unauthorized access, use, modification and disclosure.

Third party links

Our Website may contain links to other sites that ATD does not own or operate. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat your personal information.

Access to your Personal Information

You have the right to access, update, and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. To request access, updating or correction of inaccuracies in your personal information that we have in our custody or control, you can use the Website to review and correct your personal information, or you can email or write to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records.

Changes to this Privacy Policy

This Privacy Policy may be updated periodically to reflect changes to our personal information practices. When you Privacy Policy changes, we will post a notice on the Website or, for material changes, notify you by email. We also strongly encourage you to refer to this Privacy Policy for the latest information about our personal information practices.

Contacting our Privacy Officer

Please contact our Privacy Officer if you have any questions, comments or complaints about this Privacy Policy, or the manner in which we or our service providers treat your personal information. You may contact our Privacy Officer or by contacting the support team through the Support tab on the Contact page of the Website.


Terms of Service:


Last Updated: August 3, 2014

The following terms of use (the "Terms of Use") govern your use of www.askthedoctor.com (the "Website"). These Terms of Use form an agreement between ATD Health Network Inc. ("ATD", "we", "us", "our") and you, so please read these Terms of Use carefully before using the Website. By using the Website, you agree to be bound by and comply with these Terms of Use. If you do not agree with these Terms of Use, your sole recourse is to cease your use of the Website immediately.

IMPORTANT – NO ADVICE

The material and information available on this Website is intended for informational purposes only, and does not constitute health or other advice nor should it replace consultations with qualified medical or other relevant professionals in your jurisdiction. Please consult a health care professional or other advisor for specific recommendations about your condition. In addition, the information made available on this Website changes rapidly and therefore, some of the information may be out of date. You agree to bear all risk associated with the use of or reliance on any such information, and release and hold ATD harmless from cause of action that may arise in connection with your reliance on information contained in this Website.

OWNERSHIP / RESTRICTIONS ON USE

The Website is owned and provided by ATD. You are granted a limited, revocable, non-transferable, non-exclusive license to use the Website on computers, smartphones or other mobile devices that you own or control. ATD can terminate this license at any time and with or without any reason. The Website's layout, content, graphics, photographs, images, audio, video, processes, trademarks, service marks, trade names and other information including, without limitation, the "look and feel" of the Website (collectively, the "Content") contained in the Website are proprietary to ATD, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws, and you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content.

REGISTRATION

In order to use the Website, you must register for an account with ATD (the "ATD Account"). You represent and warrant that the registration and ATD Account-related information you provide is accurate and will be kept up-to-date. You alone are responsible for any and all activity that occurs in the Website through your ATD Account, and you agree to immediately notify us upon becoming aware of any unauthorized use of your ATD Account or any other breach of security related to the Website.

USER CONDUCT

As a condition of your continued access to and use of the Website, you agree to abide by all applicable federal, provincial, state, territorial and other laws and regulations and these Terms of Use. Your failure to comply with these Terms of Use, including the following "Code of Conduct" may result in the termination of your ATD Account and may expose you to civil and/or criminal liability under applicable laws. Specifically, in addition, without limiting the foregoing, you agree not to:
  • license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Website;
  • modify, translate, adapt, merge, make derivative works of, disassemble, decompile or reverse engineer any part of the Website;
  • access or use the Website in order to build a similar or competitive product or service;
  • remove or destroy any copyright notices or other proprietary markings contained in the Website;
  • use the Website to upload or distribute any (or any links to) computer viruses, worms, malicious code or any software intended to damage or alter a computer system or data;
  • disrupt, disable, overly burden, impair or otherwise interfere with the operation of the Website or the servers or networks connected to the Website, or violate the regulations, policies or procedures of such servers and networks;
  • attempt to gain unauthorized access to the Website or other computer systems or networks connected to the Website, through password mining or any other means;
  • use the Website to harvest or otherwise collect or store any information for purposes other than those designed and implemented by ATD;
  • copy, share, post, modify, license, sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any portion of this Website, except in accordance with these Terms of Use;
  • interfere with another User's use and enjoyment of the Website;
  • impersonate any person or entity;
  • falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse you, your website, your business or any statement you make, or present false information about ATD or the Website; or
  • use the Website to upload or share any content that:
    • infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
    • is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable;
    • constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or
    • violates any law, regulation or contractual obligations.


ENFORCEMENT

We reserve the right (but have no obligation) to review any content that you upload to the Website. We may remove any content that violates the Code of Conduct, and suspend or terminate your ATD Account at any time for any reason in our sole discretion with or without notice to you.

DISCLAIMER / LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. THE WEBSITE IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ATD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ATD DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATD MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE WEBSITE AT ANY TIME WITH OR WITHOUT NOTICE. IN NO EVENT WILL ATD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR ARE IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, EVEN IF ATD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ATD MAKES NO WARRANTIES REGARDING ANY THE ACCURACY OF INFORMATION ON THIS WEBSITE. YOU EXPRESSLY RELEASE AND HOLD ATD HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, INJURIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY CLAIMS) ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR ANY ALLEGED VIOLATION BY YOU OF THESE TERMS OF USE.

INDEMNITY

You agree to indemnify ATD, its affiliates, directors, officers, employees, agents, suppliers and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your use of the Website or anyone using your ATD Account, or any alleged violation by you or anyone using your ATD Account of these Terms of Use, including, without limitation, the Code of Conduct. In particular, you agree to indemnify ATD, its affiliates, directors, officers, employees, agents, suppliers and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any information your obtain through the Website. This Website is not a substitute for professional medical advice, and provides only general medical information. Please consult a medical professional to discuss specifics related to your health and for a more in-depth review of any particular health issues you encounter.

PRIVACY

ATD respects your right to the privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

CHANGES AND TERMINATION

ATD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part or function thereof) with or without notice. Further, ATD reserves the right to change these Terms of Use at any time. You are responsible for regularly reviewing these Terms of Use, including, without limitation, by checking the date of "Last Updated" at the top of this document. Continued use of the Website after any such changes will constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from ATD to you for so being bound. Your only right with respect to any dissatisfaction with these Terms of Use, any policy or practice of ours in operating the Website is to cease using the Website.

TRADEMARKS

"Ask the Doctor", its stethoscope logo, and "ATD" are trademarks of ATD. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of ATD or its licensors. All other trademarks appearing on the Website are the property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

APPLICABLE LAWS

Unless the applicable laws of your jurisdiction require that the laws of your jurisdiction govern, these Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. If any provision of the present Terms of Use will be unlawful, void, or for any reason unenforceable, then such provision will be severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act. A printed copy of these Terms of Use and of any notice in electronic form will be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. You agree that you will only commence an action or application as an individual. You agree that you will not file a class action, or participate in a class action. These Terms of Use constitute the entire agreement between you and ATD with respect to the use of the Website.

QUESTIONS

If you have any questions or comments regarding these Terms of Use please contact us at questions@askthedoctor.com.