Introduction

Felix Health Inc. (“Felix”, as follows “we” or “us”) provides eligible individuals (as follows “you”, “your”) with support services designed to enhance prescribed healthcare services and treatment. The Felix Health Group Coaching Terms of Service (“Terms”) is designed to facilitate a safe, respectful, and enriching experience for all participants of our Group Coaching Services (“Group”). 

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By joining and accessing the Group, you acknowledge and agree to abide by the outlined terms and conditions as described in the Group Coaching User Agreement, Group Coaching Privacy Policy, and the Group Coaching Privacy Waiver, collectively, the Terms. 

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We reserve the right to amend the Terms at any time to account for changes in the Applicable Law and our practices. Once approved for membership into the Group, please check to see if we have amended the Terms since you last accessed the Group. We may, but are not obligated to post notice of amendments. As a Member of the Group (“Member”), after the amendment of the Terms, you agree to comply with, and be bound by the amendments. Your continued engagement with the Group following amendment will constitute acceptance of the amended Terms.

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Scope

These Terms outline the terms and conditions Members must adhere to while accessing and participating in the Group. For registered Felix users, Members must also abide by the Felix Terms of Use. 

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Group Coaching User Agreement

Nature and Scope of Group Coaching Services

Scope of Group Coaching

Group Coaching Services will consist of 12 weekly sessions hosted using the platform “Zoom”. Each session will be recorded and shared with Members using the provided contact information. The topics of each session will be communicated to Members through the Program Curriculum; this information will be emailed to Members prior to the first Group meeting. 

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The Facebook Page titled “Felix Health Weight Management - Group Coaching” will provide an opportunity for Members to engage with both the Group Facilitator as well as other Members in accordance with the communication, conduct, and privacy guidelines outlined in this Agreement, the Group Rules, and the Group Coaching Privacy Policy. 

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Group Coaching Facilitator

The Group will be led by a medical doctor, not licensed to practice in a Canadian jurisdiction (the “Facilitator”). The Facilitator’s role in the Group includes, but may not limited to:

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1. Development of the Program Curriculum
2. Community engagement through the Group Facebook page such as:
3. Sharing supplemental materials that may be educational in nature
4. Answering questions posed by Group Members
5. Leading, recording, and distributing the recording of Zoom sessions

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More information about the Facilitator’s qualifications and experience can be found here. 

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Group Coaching Membership Terms of Use

As a term and condition of Group Membership, you acknowledge and agree to the following:

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1. Group Coaching Services do not constitute Healthcare Services or medical advice, and therefore do not replace any Healthcare Services being provided through the Felix Platform or any other Healthcare Service provider
2. The association between the Facilitator and individual Members does not constitute a Therapeutic Relationship 
3. Members must contact their Prescribing Practitioner to receive medical advice and/or Healthcare Services related to their individual Treatment plan
4. The Facilitator and/or Moderators have the discretion to refuse or discontinue Group Membership to any Applicant at any time, including for actual or potential violations of this Agreement and/or the Group Rules
5. No results can be guaranteed or assured in connection with Group Coaching Services
6. There are risks associated with the use of Group Coaching Services including, but not limited to the electronic transmission and storage of information as described in the Group Coaching Privacy Policy which forms part of these Terms
7. Membership eligibility will depend on your province or territory of residence, and the location you are in at the time of Group Application
8. As an Applicant, you will only request Group Membership in relation to the Treatment prescribed to you 
9. Group Coaching Services cannot be used to address an emergency. If you believe that you are dealing with a medical emergency, call 9-1-1 immediately, or attend your nearest hospital emergency room

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Membership and Eligibility

Invitation and Application

Group Membership invitations will be extended via email. Applicants are required to provide the following details for their membership request to be reviewed:

• The email address registered to the Felix Platform 
• Confirmation the Applicant has read and agrees to the Agreement and Group Coaching Privacy Policy
• Consent to the Group Coaching Privacy Waiver

Once approved, Members will be provided a link via email to join the “Felix Health Weight Management - Group Coaching” (the “Page”), hosted using the platform “Facebook”. Member involvement in the Facebook group is optional. If a Member joins the Page using a Facebook account registered with an alias, Members are required to contact a Moderator or the Facilitator to confirm the name and contact information their Membership is associated with. Further identification verification may be required. 

Membership requests will be reviewed by Group Moderators (“Moderators”); more information about access to Applicants’ Personal Health Information (“PHI”) and Personal Identifying Information (“PII”) can be found in the Group Coaching Privacy Policy. 

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Membership Eligibility

Membership eligibility is based on meeting the following criteria are met at the time of applying:

• The Applicant permanently resides in Ontario
• The Applicant has, or is currently receiving medically-supervised Weight Loss Treatment, issued through the Felix Platform
• If the Applicant is not actively receiving Treatment through the Felix Platform, approval of a new or renewed Treatment was issued through the Felix Platform within the last 3 months
• The Applicant is at least 18 years of age and possesses legal authority to enter into a binding legal agreement
• The Applicant has paid the Group Membership fees

Confirmation of acceptance or rejection to join the Group will be communicated via email. Group Membership will only be granted if all eligibility requirements are met and payment for the Group Coaching Services has been collected. 

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Third Party Platforms

Group Activity may occur using third party websites. Felix does not endorse the information contained on those websites or guarantee their quality, accuracy, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under Felix’s control, and if you choose to access any such website, you do so entirely at your own risk.

For additional details about third party platforms used for Group Activities, please see our Group Coaching Privacy Policy. 

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Privacy and Information Disclosure

PHI and/or PII you choose to disclose to the Facilitator, Moderators, or any other Members is at your sole discretion. The Group Coaching Privacy Policy outlines collection, use, disclosure, retention, and destruction of personal data as relevant to Group Coaching Services. As the Group Coaching Privacy Policy forms part of this Agreement, it is essential that you review this Policy before agreeing to this Agreement and the Privacy Waiver. 

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Group Rules

Communication and Code of Conduct 

Group Coaching Services are meant to foster a diverse, supportive, and respectful environment in which individuals are free from judgement and harassment. To prevent inappropriate conduct within the Group, Felix and the Facilitator reserve the right to take reasonable steps to protect individual Members. In addition to the Terms in this Section, registered Felix users must also abide by the Felix Reasonable Use Policy. 

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Facebook Page

Members who choose to join the Page acknowledge and agree to be bound by the following rules when interacting with the Page: 

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1. Be Kind and Courteous: Members must treat each other with respect and empathy, recognizing diverse perspectives and experiences. Judgmental or offensive language will not be tolerated.
2. Respect Everyone’s Privacy: Maintain confidentiality within the Page regarding all Group Activities. Do not share PHI or PII outside of the group without explicit permission. Respect the privacy of others and refrain from screenshotting or sharing Page content without consent.
3. No Hate Speech or Bullying: Engage in constructive and supportive communication. Disagreements are natural, but differing opinions should be communicated respectfully. Personal attacks, derogatory language, and any form of harassment will not be tolerated. Inappropriate behaviour should be promptly reported to Moderators. 
4. No Promotion or Spam: Ensure that posts and discussions align with the Page purpose and focus. Irrelevant content, spam, and self-promotion may be removed by Moderators.
5. No Medical Advice or Diagnosis: Members must refrain from providing medical advice or diagnoses. The Page is not meant for medical consultation. Members are encouraged to consult their prescribing practitioner for personalized advice. Any potential misinformation should be promptly reported to Moderators.

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Zoom Sessions

During Zoom sessions, Members acknowledge and agree to be bound by the following rules:

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1. Be Kind and Courteous: All Members should have the opportunity to share without interruption. Judgmental or offensive language will not be tolerated.
2. Respect Everyone’s Privacy: Respect the confidentiality of information shared during Zoom meetings. Members must not record, screenshot, or share any content from the meetings without explicit permission. Privacy and trust of fellow Members must be maintained at all times. 
3. Timely Attendance: Members are encouraged to be punctual when attending Zoom sessions. If you are unable to attend, notify the Facilitator or Moderators in advance. 
4. Focused and Relevant Contributions: Keep contributions during the session focused on the Group’s purpose and agenda. Members are encouraged to seek permission from the Facilitator before introducing new topics.
5. Tech Etiquette: Members are encouraged to familiarize themselves with Zoom functionality before the meeting. Mute your microphone when not speaking to reduce background noise. Use video when possible to enhance connection. Technical issues should be promptly reported to the Facilitator or Moderators for assistance. 
6. No Medical Advice or Diagnosis: Members must refrain from providing medical advice or diagnoses. The Page is not meant for medical consultation. Members are encouraged to consult their prescribing practitioner for personalized advice. Any potential misinformation should be promptly reported to Moderators. 

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Reporting Behaviour in Violation of the Agreement

Members play a crucial role in maintaining a safe and supportive environment within the Group. Members are encouraged to promptly report behaviour or content that they believe violates the Terms of this Agreement, including Group Rules, the Group Coaching Services Privacy Policy, or the Group Coaching Services Privacy Waiver. 

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Reports can be submitted through one of the following channels:

1. Directly to the Facilitator via email
2. Using the information provided under “Contact Us” in this Agreement
3. Facebook - Violations that occur on or in connection with the Page can be flagged using the “Report to Admin” feature

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Confidentiality of Reports

Reports will be treated with the highest degree of confidentiality. While the necessity to investigate may require disclosure to relevant parties, reasonable efforts will be made to protect the identity of the reporting Member. 

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Disciplinary Measures

If the investigation into the report determines that a violation of this Agreement, including Group Rules, the Group Coaching Services Privacy Policy, or the Group Coaching Services Privacy Waiver has occurred, appropriate disciplinary measures may be taken. These measures may include the issuance of a warning, deferred Membership enrollment, or removal from the Group depending on the severity and recurrence of the violation. 

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Consent to Receive Electronic Communication

As a Group Member, electronic communication may be required through third parties (ie. Zoom, Facebook), and email. You acknowledge and agree to the following:

1. You may receive electronic communication from Group Members, Facilitator(s), and Moderator(s)
2. You may receive operational communication from Felix related to Group Activity and Material
3. All agreements and consents can be signed electronically
4. All notices, disclosure, and other communications provided to you electronically satisfy any legal requirement that such notices and communication be in writing
5. Group Moderator(s) may contact you by telephone, mail, or email to verify your Felix account information and Group Membership to ensure Membership has not been obtained fraudulently
6. If this information is not provided within 14 days of the request, your Group Membership or Application may be terminated

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Account Security

Felix and the Facilitator cannot guarantee the confidentiality of any communications made by you in connection with Group Coaching Services. Although Felix generally adheres to the accepted industry practices in securing the transmission of data to, you understand, agree, and acknowledge that Felix cannot and does not guarantee the security of any data transmitted through third parties, the Internet, or public networks in connection with your Group Membership. 

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As a Group Member in accordance with this Agreement, you acknowledge and agree that you will not contact the Facilitator in respect to the Group except through the Facebook Page, during Zoom sessions, and via email. For clarity, Felix has no interest in or control over any interaction that you may have with the Facilitator that is unrelated to Group Coaching Services.

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In accordance with this Agreement and your Group Membership, you acknowledge and agree to the following:

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1. You must not share your account (for the purpose of this Section, collectively Facebook, Zoom, Felix Portal) passwords with any other person, and agree to maintain the security and secrecy of all other login credentials
2. You will immediately notify a Moderator of any unauthorized use of your accounts with respect to your Group Membership
3. Ensure that you exit from your accounts after use
4. Felix, Moderators, and the Facilitator will not be liable for any loss or damages arising from your failure to comply with this Section
5. You are responsible for all activity that occurs under your accounts with respect to your Group Membership
6. You are not permitted to have more than one of each account associated with your Group Membership
7. You may not collect or harvest personal data of any Moderator, other Members, or the Facilitator, including account login credentials

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Fees and Payment

Group Membership will only be granted if all eligibility requirements are met and payment for the Group Coaching Services has been collected. You will be notified of all applicable fees in advance. 

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Refund Policy

Group Membership refund requests will be reviewed on a case-by-case basis, and can be requested using the information provided under “Contact Us” in this Agreement. 

Other Legal Considerations

Limitation of Liability

In accordance with this Agreement and your Group Membership, you acknowledge and agree to the following:

1. Felix, the Facilitator, or any other Group affiliates have no responsibility or liability for the deletion or failure to store content maintained or transmitted by third parties. 
2. Felix, the Facilitator, or any other Group affiliates reserve the right at any time to modify or discontinue the Group with or without notice, and that Felix, the Facilitator, or any other Group affiliates shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Group
3. Felix, the Facilitator, or any other Group affiliates shall not be held liable for any unintentional disclosure of PHI or PII that may occur during Group Activities. Members participate at their own risk, recognizing the limitations of technology, human element, and third party entities in maintaining confidentiality

The laws of certain jurisdictions do not allow the exclusion or limitation of liability made concerning goods and services. If these laws apply to you, some or all of this Section may not apply to you. 

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Ownership and Intellectual Property Rights

Materials and content provided to Group Members by the Facilitator or Felix may be protected by copyright, trade-mark, or other intellectual property laws. In accordance with this Agreement and your Group Membership, you acknowledge and agree to the following:

1. All Group Materials can only be used in the context of Group Activities
2. Other than for your personal confidential use, Group Materials shall not be reproduced, duplicated, or copied, whether by printing or saving electronically
3. You may not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Group Materials

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Compliance with Applicable Laws

As a Group Member, you agree to comply with all applicable provincial and federal laws and regulations. Failure to comply with applicable laws or this Agreement may result in Membership suspension or termination and legal action as deemed necessary. 

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Severability Clause

If any of the provisions contained in this Agreement are determined to be void, invalid or otherwise unenforceable, such determination will not affect the remaining provisions contained herein.

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Group Coaching Privacy Policy

What is Personal Identifying Information?

Personal Identifying Information (PII) is any information identifiable to you. This may include, but is not limited to your name, address, and phone number. Personal Identifying Information does not include your business name, title, address, or telephone number in the capacity of an employee and an organization.  

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What is Personal Health Information?

Personal Health Information (PHI) is identifying information about an individual’s health including, but not limited to, health history, health care, and eligibility to receive coverage for healthcare services. 

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What Information will be Collected?

Personal Information (collectively PII and PHI, to the extent necessary)  is collected by Felix with great care, following appropriate privacy standards, to facilitate the Purposes. 

Information collected (to the extent necessary) may include, but is not limited to:

• First and last name
• Email address
• Patient status confirmation

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To Whom is Personal Information Shared?

Personal Information (collectively PII and PHI, to the extent necessary) is shared for, but may not be limited to:

• Platforms, for invitation and membership communication
• The Facilitator

Information shared (to the extent necessary) may include, but is not limited to:

• First and last name
• Email address

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Use of Third Party Platforms

Third party platforms (collectively, “Platforms”) may be used to enhance Member experience and facilitate communication associated with Group Coaching Services. Member use of the Platforms are subject to the respective privacy policies and community guidelines. 

The sharing of PHI and PII on the Platforms is at the discretion of individual Members. Members are advised to exercise caution and consider the sensitivity of information shared. 

Members are encouraged to review and understand Platform privacy practices before engaging in information sharing. The Platforms used in association with Group Coaching Services includes, but may not be limited to the following list:

- Platform: Facebook (Meta)

Use: Hosting Group Coaching Services community page

Privacy note: https://www.facebook.com/privacy/policy/

- Platform: Zoom

Use: Hosting Group Coaching Services meetings

Privacy note: https://explore.zoom.us/en/privacy/

- Platform: Stripe

Use: Payment processing

Privacy note: https://stripe.com/privacy

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Platform Moderation

Felix employees may be appointed to moderate Group Activities on Platforms used in association with Group Coaching Services to ensure adherence with community guidelines. Moderation may include, but is not limited to removal, warnings, or exclusion from the group. Moderators are required to complete privacy and security training, and to commit to protecting information by complying with our policies, procedures, and Applicable Law. 

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Disclaimer of Liability

The Group will be led by a medical doctor, not licensed to practice in a Canadian jurisdiction.  Felix and the Facilitator do not have control over the functionality, security, or privacy practices of Platforms. While we strive to protect Member Personal Information, we disclaim any liability arising from the use of Platforms and their impact on user privacy and data security. The use of Platforms in connection with Group Coaching Services does not imply our endorsement of Platforms.

How is Personal Information Collected?

Personal Information (collectively PII and PHI, to the extent necessary) collected by Felix is done in compliance with PIPEDA as well as other provisions under Applicable Law. This information is collected to authenticate membership applications, invite approved Members to online Group events and Pages, and provide Group Materials to fulfill the Group purposes. 

Where is Personal Information Stored?

Personal Information (collectively PII and PHI, to the extent necessary) collected by Felix is stored at Felix offices, and/or service provider’s data centres in North America. 

Group Coaching Services are not targeted to or intended for use by European Union (EU) residents located in the EU. EU residents may use the Platform if they are temporary or permanent residents in the province of Ontario. As a Group Member, you agree that information collected by Felix is stored and processed in North America.

How is Personal Information Used?

Personal Information (collectively PII and PHI, to the extent necessary) collected by Felix in relation to Group Coaching Services is generally used for the following Purposes:

• To facilitate, administer, and determine eligibility for Group Membership
• To facilitate communication between Members and the Facilitator
• To collect payment for fees associated with Group Membership
• To collect Member comments and feedback to evaluate and improved Group Coaching Services
• For loss prevention, anti-fraud purposes, legal claim investigation, and to comply with regulatory and legal requirements
• Such other purposes as may be permitted by law, for which Felix may obtain consent

When and How is Consent Collected?

Consent is obtained at that time Personal Information (collectively PII and PHI, to the extent necessary) is collected, prior to its use or disclosure for any purpose. Consent can be provided orally, electronically, or in writing. The form of consent required, including whether it is expressed or implied, largely depends on the sensitivity of the Information, and reasonable Member 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 by providing us with notice, expressly instructing that their PII and PHI not be used, or disclosed for any purposes without consent.

How Long is Personal Information Used, Disclosed, or Retained?

Personal Information (collectively PII and PHI) collected in connection with Group Coaching Services will be used, disclosed, and/or retained for as long as necessary to fulfil the purposes for which it was collected, and as permitted or required by law. 

How Can I Review My Personal Information that has Been Collected, Used, or Disclosed?

Members can make written requests to review any Personal Information (collectively, PII and PHI) that Felix has collected, used or disclosed in connection with Group Coaching Services. We will provide you with any such Personal Information to the extent required by law, made available in a form that is generally understandable. Requests can be made by contacting privacy@felixforyou.ca. 

We will not charge any costs for Members to access their Personal Information in our records, or to access our privacy practices without first providing an estimate of appropriate costs, if any. Members 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.

How Can I Ensure My Personal Information is Accurate?

We will ensure your Personal Information (collectively, PII and PHI) is kept as accurate and up to date as possible. We will not routinely update Personal Information unless such a process is necessary. Members are expected to supply us and any third party affiliated with the Group (as necessary) with updated information when required.

How Fast will We Respond to Written Requests?

We will attempt to respond to written requests related to this Policy within 30 days of receipt. Members will be advised 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. 

Who is Accountable for My Personal Information?

Felix has a responsibility to protect the privacy of Personal Information (collectively, PII and PHI) collected in connection with Group Coaching Services. When Personal Information is shared with any third parties by the Member, the third party is accountable for the provided information. 

What Safeguards have Been Implemented to Protect My Personal Information?

Felix has implemented physical, organizational, contractual, and technological security measures to protect Personal Information (collectively, PII and PHI) from loss, theft, unauthorized access, disclosure, copying, use or modification. Notwithstanding the safeguards we employ and our commitment to protecting PII and PHI, 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 by the use of appropriate security measures, such as the measures Felix employs. These risks include interception, loss, corruption, unauthorized access to, use and disclosure of information, and delay in the availability of information.

The only employees or third party service providers who are granted access to your Personal Information, are those with a business ‘need-to-know’ or whose duties reasonably require such information. We require these individuals to complete privacy and security training, and to commit to protecting information by complying with our policies, procedures, and Applicable Law. 

We store your information in electronic format within North America, using computer systems with restricted access and housed in facilities using physical security measures.

Members are asked to take the following precautions to protect their privacy and Personal Information:

• Create, and periodically update a strong and unique password when Platforms require login
• Do not share your passwords with anyone. We will never ask Members for their password, so please do not provided it and contact us if such a request is received
• Log out of any Platform accounts that require login as soon as you are finished using it, especially on shared devices
• Password-protect devices used to access Platform accounts

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Group Coaching Privacy Waiver

Agreement

I acknowledge and understand the inherent privacy risks associated with being a Member of the Group Coaching Services as described in the Group Coaching Privacy Policy and Group Coaching User Agreement. 

By agreeing to this waiver, I understand and agree to the following terms:

Contact

If you have questions about Group Coaching Services, the Terms, or related to your Felix account, you can contact Felix Support by sending an email to hello@felixforyou.ca. 

Questions, concerns, complaints, or suggestions regarding our Group Coaching Privacy Policy can be directed to the Felix Health Privacy Officer, Emma Stern, at privacy@felixforyou.ca. 

Felix Health Inc.

ATTN: Emma Stern, Felix Health Inc. Privacy Officer

privacy@felixforyou.ca

304-488 Wellington St. W

Toronto, ON

M5V 1E9

Questions, concerns, complaints, or suggestions regarding privacy practices of Platforms used in connection with Group Coaching Services should be directed as advised by each Platform. 

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Definitions

For the purpose of the Terms, the following are defined as:

Group Activities: Organized and collaborative events or interactions facilitated to address collective Member goals

Group Materials: Any resources, documents, or materials shared with Members to facilitate discussions, activities, or the achievement of Member goals

Healthcare Services: Observation, examination, assessment, care, or procedures performed by members of a recognized Canadian regulatory body in connection with a therapeutic client relationship

Personal Health Information (PHI): Identifying information about an individual’s health including, but not limited to, health history, health care, and eligibility to receive coverage for healthcare services
Personal Identifying Information (PII): Identifying information; this may include, but is not limited to, name, address, and phone number

Therapeutic Relationship:  A relationship that establishes trust and rapport with a specific purpose of facilitating therapeutic communication and engaging a client in decision-making regarding their plan of care

‍Treatment: Medical care given to a patient