Privacy Policy

Last updated June 10, 2024

Felix Health Inc. (“Felix”, as follows “we” or “us”) last updated this Privacy Policy (“Policy”) on June 10, 2024. We post the current version of the Policy at www.felixforyou.ca/privacy-policy. We reserve the right to amend the Policy at any time to account for changes in the Applicable Law, our practices, the Felix App, and the Felix Platform. Please check to see if we have amended the Policy since you last used the Felix Platform to ensure you are aware, and agree to our current privacy practices.

We are proud to demonstrate our commitment to your privacy, by complying with the Applicable Law and regulations thereunder. This includes the Personal Information Protection and Electronic Document Act (“PIPEDA”), in addition to provincial private sector privacy, health information privacy legislation and all privacy laws and regulations in which Felix, Authorized Healthcare Professionals, or Users are subject. We believe that an important part of protecting privacy is to provide clear, and easily accessible details about how we handle User’s Information.

Definitions

Assessment: Treatment request evaluation conducted by an Authorized Healthcare Professional through the Felix Platform
Applicable Law: Laws and regulations Felix, Authorized Healthcare Professionals, and/or Users are subject to
Authorized Healthcare Professional: Collectively “Authorized Healthcare Professionals”, Physicians and Nurse Practitioners licensed to practice medicine in a province or territory of Canada
Authorized Non-Practitioner Professionals: Regulated health professionals other than Physicians and Nurse Practitioners licensed to practice in a province or territory of Canada
Content: General information about health related topics posted on the Felix Platform, access to which is not the delivery of healthcare services. This does not replace, and cannot be relied upon as healthcare services
Felix Platform - Collectively, the hardware, software, applications, websites, content, products and services owned and/or operated by us to enable the provision of remote healthcare services to Users, among other purposes
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
User: (as follows “you”, “your”) an individual registered to use the Felix Platform

The Felix Platform and How Felix Collects and Uses Information

The following is an overview of how the Felix Platform generally functions and the Purposes for which Felix collects, uses, and discloses User Personal Information (“Information” as follows, for the purposes of this Section collectively referring to PHI and PII to the extent necessary). The details of how the Felix Platform functions may vary by Authorized Healthcare Professional and jurisdiction.

Healthcare Services

Authorized Healthcare Professionals collect Personal Information about you as provided through the Platform. Depending on the nature of the Healthcare Service being requested, this may be collected through the Personal Information you provided before the Assessment, asynchronous chat, or video call. Information accessible by Authorized Healthcare Professionals may include, but is not limited to, the name, email address, phone number, sex, date of birth, province of residence, medical history, and emergency contact name and contact information (as applicable) provided when you registered with Felix.

Audio or video portions of Assessments are never recorded. Authorized Healthcare Professionals may create Information in the Felix Platform, such as prescriptions and Assessment notes.

Authorized Healthcare Professionals may, but are not required to, email or text your emergency contact if they believe that you are presenting with a healthcare emergency. You are responsible for advising your emergency contact that you are providing their name and contact information to Felix and Authorized Healthcare Professionals, and for obtaining any necessary consent from your emergency contact for the provision and use of that information in connection with the Felix Platform.

Felix Pharmacy Network

Authorized Non-Practitioner Professionals collect Personal Information about Users who choose to have prescribed treatment dispensed through the Felix Pharmacy Network. This may be collected through the Personal Information provided through the Platform, telephone calls, and faxed prescriptions. Information accessible by Authorized Non-Practitioner Professionals may include, but is not limited to name, email address, phone number, sex, date of birth, mailing address, and medical history as applicable.

As described in the Terms of Use, by authorizing a “Third Party Payer” to pay Fees for Healthcare Services or Other Services, you are representing to Felix, and Felix will rely on your representation, that you consent Felix to:

Disclose to the Third Party Payer that you have requested Healthcare Services or Other Services, to permit the Felix Pharmacy Network to process payment for the Healthcare Services or Other Services
Notify the Third Party Payer of any changes to or termination of your access to the Felix Pharmacy Network

Third-Party Service Providers

Felix uses third-party software and service providers for a variety of services including technical and operational support, as well as for marketing purposes. All Felix affiliates and other third parties engaged to perform Healthcare Services or Other Services on our behalf are provided with Personal Information to the extent necessary. All service providers are contractually required to observe the intent of this Policy and our privacy practices.

For additional details about Felix’s third party service providers, please see our list of subprocessors.

Other Services

Felix provides Other Services that support the provision of Healthcare Services. This may include:

Receiving, reviewing, and uploading laboratory test results to the Felix Platform
Faxing prescriptions to pharmacies (both within and outside of the Felix Pharmacy Network)
Medication delivery services for Users whose treatment is being dispensed from the Felix Pharmacy Network
Collecting information required for scheduled appointments

Felix may also provide services that are healthcare-related, but not Healthcare Services (such as Group Coaching Services). Unless otherwise advised, Felix employees (“Personnel”) will deliver these services. Felix Personnel and third party service providers with whom we have a contractual relationship receive mandatory privacy and security training to commit to compliance with Felix’s obligations in connection with Information.

Other Collections and Uses of Information

Felix collects and uses Information to the extent necessary for other purposes, including but not limited to:

To facilitate, administer, and determine eligibility for User access to the Felix Platform
To track purchases through the Felix Platform to arrange refills and prescription renewals
To advise Users about programs and services that may be of interest
To collect comments and feedback regarding Felix’s operations
To help us create, develop, evaluate, and improve the Felix Platform and Content
To investigate legal claims
For loss prevention, anti-fraud purposes, and to comply with regulatory and legal requirements
Such other purposes as may be permitted by law, for which Felix may obtain consent

Personal Information Storage

Collected Personal Information (for the purposes of this Section collectively referring to PHI and PII to the extent necessary) is stored at the Felix offices, and/or our service provider’s data centres in North America.

The Felix Platform is not targeted to and is not 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 Alberta, British Columbia, Manitoba, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, or Saskatchewan. By using the Felix Platform, you agree that Personal Information can be stored and processed in electronic format in North America, using computer systems with restricted access and housed in facilities using physical security measures.

Retention and Deletion of Information

Unless otherwise notified, your Personal Information will be retained on the Felix Platform at least until you (or Felix) close your account.

On termination, for a limited time, you will be able to request a copy of your Information held in the Felix Platform. After this time period has ended, we will securely delete the Information associated with your Account, except for Information that Felix is required to retain under Applicable Law, or Information required by an Authorized Healthcare Professionals in connection with Healthcare Services.

Deleting Your Felix Account

To delete your Felix Account or specific information in your account, users can make a written request to the Felix Health Privacy team, at privacy@felixforyou.ca, or contact the Felix customer service team via the in-app chat in their Felix account.

Questions about the collection, use and storage of your personal information can also be directed to the Felix Health Privacy team, at privacy@felixforyou.ca. We will attempt to respond to each user's written request within 30 days of receipt. We will advise Users in writing if we cannot meet your request within this time limit.

Please see the ‘Medical Record Retention Schedule’ section of this Privacy Policy for more information about your medical records, including what information we are required to retain by law and the respective data retention periods by province.

Accessing and Correcting Information

We will ensure your Personal Information (for the purposes of this Section collectively referring to PHI and PII) is kept as accurate and up-to-date as possible. We will not routinely update User Personal Information, unless such a process is necessary. We expect Users to supply us with updates to their Personal Information when required.

User’s may update or otherwise correct Information through their Felix account, except Information an Authorized Healthcare Professional has viewed or created. To update or correct Information an Authorized Healthcare Professional has viewed, or request a correction to Information an Authorized Healthcare Professional has created, please contact our customer service team via the in-app chat, or send an inquiry to the Felix Health Privacy team, at privacy@felixforyou.ca.

Users can also make a written request to review any of their Personal Information that we have collected, used, or disclosed. We will provide you with any such Personal Information to the extent required by law, made available in a form that is generally understandable. 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.

We 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.

Medical Record Retention Schedule

We will use and disclose of Personal Information as long as necessary to fulfil the purposes for which this was collected, and as permitted or required by law. For greater certainty, the following minimum data retention periods apply based on your province of residence at the time of receiving care and/or the province from which your dispensing pharmacy is located:

Province	Data Retention Period
Alberta	10 years from the date of last service.
British Columbia	Healthcare Services: 16 years from the date of the last entry. Pharmacy Services: Three (3) years from the date a drug referred to in a prescription was last dispensed, or an invoice was received for pharmacy stock.
Manitoba	10 years from the date of the last entry.
Newfoundland and Labrador	10 years from the date of last service.
Nova Scotia	10 years from either the date of the last entry or the completion of any known proceedings where the records may be relevant, whichever is later.
Ontario	10 years from the date of the last entry.
Prince Edward Island	10 years from the date of the last entry.
Saskatchewan	10 years from the date of last service.

Depending on your age at the time of receiving care, these minimum retention requirements may change.

Felix’s Disclosure of Information

Personal Information (for the purposes of this Section collectively referring to PHI and PII to the extent necessary) is shared with great care, following appropriate privacy standards. The circumstances in which this may occur include:

To third party service providers with whom Felix has a contractual relationship to support the provision of Healthcare Services and Other Services
To a potential acquirer in connection with a transaction involving the sale of some or all of Felix
To emergency contacts as described above
To comply with Applicable Law or similar obligations to produce information

Felix Pharmacy Network

Users who choose to have prescribed treatment dispensed through the Felix Pharmacy Network may opt to receive purchases through the mail. Information provided to third party shipping carriers may include:

First and last name
Shipping address
Telephone number
Email address

Disclosure is limited to the information that is needed to perform courier duties and provide you with your ordered products and services. Felix is not responsible for any additional information you provide directly to third parties. Users must contact the third party directly to manage privacy preferences.

In compliance with the Pharmacy Operations and Drug Scheduling Act ByLaws in British Columbia, all prescription information must be recorded in PharmaNet at the time of dispensing to keep the patient record current. Users who are patients of Felix Pharmacy West are therefore advised that external medical practitioners with whom you are a patient, may be permitted to view medication dispensing history. To confirm which pharmacy location within the Felix Pharmacy Network may dispense your treatment, please contact hello@felixforyou.ca.

Medical Record Disclosure

Users can request access to their Felix Health and/or Felix Pharmacy medical record at any time within the outlined Medical Record Retention Schedule, based on your province of residence at the time of receiving care. Medical records may be disclosed to the subject User or to another individual/location based on the consent provided by the User. To request a copy of your medical records, please contact hello@felixforyou.ca.

We will never disclose medical records to external Authorized Healthcare Professionals or Authorized Non-Practitioner Professionals without collecting the required consent. Users who receive insurance coverage through provincial health plans are responsible for understanding information sharing practices associated with this coverage. Depending on your province of residence, external care providers with whom you are a registered patient may be permitted to view medication dispensing history.

For greater clarity, the following provincial authorities should be consulted to understand how this information is shared and stored, based on your province of residents:

Province	Provincial Drug Plan
Alberta	Alberta Drug Coverage
British Columbia	BC Pharmacare
Manitoba	Manitoba Pharmacare
Newfoundland and Labrador	Prescription Drug Program
Nova Scotia	Nova Scotia Pharmacare
Ontario	Ontario Drug Benefit Program
Prince Edward Island	PEI Pharmacare
Saskatchewan	The Saskatchewan Drug Plan

Lab Results

When laboratory testing is required prior to receiving treatment, Users consent to the disclosure of the following information through requisitions to the laboratory of your choice:

First and Last Name
Health Card/Personal Health Number
Date of Birth
Address
Telephone Number

Users who receive provincial coverage for the cost of lab testing are responsible for understanding information sharing practices associated with this coverage. Depending on your province of residence, external care providers with whom you are a registered patient or with whom you seek future care may be permitted to view historical laboratory results.

For greater clarity, the following provincial authorities should be consulted to understand how this information is shared and stored, based on your province of residence:

Province	Provincial Laboratory Repository
Alberta	Alberta Precision Laboratories
British Columbia	Health Gateway
Manitoba	eChart Manitoba
Newfoundland and Labrador	HEALTHe NL
Nova Scotia	SHARE (Secure Health Access Record)
Ontario	(OLIS) Ontario Laboratories Information System
Prince Edward Island	Provincial Electronic Medical Record
Saskatchewan	eHealth Saskatchewan

Consent for Collection, Use, and Disclosure of Personal Information

As a Felix User, the arrangement between you and Felix, including your rights and obligations and those of Felix, is set out in the Terms of Use and, where applicable, supplementary Terms.

Consent is obtained at that time Personal Information (for the purposes of this Section collectively referring to PHI and PII) is collected, prior to the use or disclosure of this Information 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 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 by providing us with notice, expressly instructing that their personal health information not be used, or disclosed for healthcare purposes without consent.

Accountability

In most of the provinces in which Felix operates, Felix has overall responsibility for protecting the privacy of your Personal Information, including information collected in connection with the provision of health services through the Felix Platform (“Health Information”) by a healthcare provider, such as a physician or nurse practitioner.

In Alberta, your healthcare provider has overall responsibility for the privacy of your Health Information, and Felix assists the healthcare provider in meeting that responsibility. For greater clarity, in Alberta, Felix handles Health Information on behalf of healthcare providers, who are ‘custodians’ under Alberta’s Health Information Act (the “HIA”). Health Information is collected pursuant to section 20 (in conjunction with section 27(1)) of the HIA.

Safeguarding Information

We have implemented physical, organizational, contractual and technological security measures to protect Personal Information (for the purposes of this Section collectively referring to PHI and PII) from loss or theft, unauthorized access, disclosure, copying, use or modification. Notwithstanding the safeguards we employ 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 by the use of appropriate security measures, such as the measures Felix employs. These risks include interception, loss, corruption, unauthorised access to, use and disclosure of Information, and delay in the availability of Information.

The only Personnel 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 Personnel to complete privacy and security training, and to commit to protecting information by complying with our policies, procedures, and Applicable Law.

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

Create, and periodically update a strong and unique password for your Account
Do not share your Account password with anyone. We will never ask Users for their password, so please do not provide it, and contact us if such a request is received
Log out of the your Account as soon as you are finished using it, especially on shared devices
Password-protect devices used to access your Account

Cookies and De-identified Data

Felix may collect and use data created by de-identifying Information so that it no longer identifies a User (“Data”). Felix may use Data for monitoring the compliance of Users and Authorized Healthcare Professionals with Felix Platform Terms of Use, for making the Felix Platform more accessible and enhancing the experience for Users and Authorized Healthcare Professionals. 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 Felix 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 use of the Felix Platform, analyze trends, and administer, personalize and improve the experience of using the Felix Platform for Users and Authorized Healthcare Professionals.

Links to 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.

Contact

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

For medical records access requests, please direct all inquiries to the records management team at compliance@felixforyou.ca.

Felix Health Inc.
ATTN: Emma Stern, Felix Health Inc. Privacy Officer
privacy@felixforyou.ca
488 Wellington St W Unit 304
Toronto, ON M5V 1E9

User Information Collected by Felix

The table below outlines the user information that may be collected by Felix during account creation and usage of the Felix Platform or App, including the specific purposes for which the data is collected.

Personal Information

User Information	Purpose for Collection
First Name, Last Name	Your legal first name and last name are collected during the creation of your Felix account. Felix collects and uses your name to personalize your account and customer support, to contact you via SMS and in emails, and may provide it to your insurance company / benefits provider (a ‘Third Party Payer’), if you will be using insurance to pay for treatment.
Physical Address	Your address is collected during the creation of your Felix account. It is used to confirm your eligibility to use Felix services as a location is needed to ensure that you are in a province that can utilize Felix services and to match you with a healthcare practitioner licensed in your region. A physical mailing address is also needed for the delivery of your prescription when using Felix internal pharmacies.
Email	Your email is collected during the creation of your Felix account. Your email is stored and used as your login to the Felix platform. We use your email address as the main point of contact for communication of Felix services, including sending you information about your treatments, and to provide customer support. Non-essential communication is also provided via email, including internal marketing like Felix newsletters and notifications about new products and services. You may opt-out of any non-essential communications at any time through your user account.
Phone Number	Your phone number is collected during the creation of your Felix account. Your phone number is used to receive communication from Felix via SMS. We may use your phone number to send you information about your treatments and to provide customer support. Your healthcare practitioner may use your phone number to call you if they believe you could be experiencing a medical emergency. Non-essential communication is also provided via SMS, including internal marketing. You may opt-out of any non-essential communications at any time through your user account.
Date of Birth	Your Date of Birth is collected to ensure a user is of the eligible age to use the Felix platform and services, and as a means of identity verification.
Payment Information	Your payment information is collected and used to complete purchases through the Felix platform. This may include information such as your name, credit card number, credit card expiry date and billing address. Felix employs a variety of technical, physical and administrative security measures intended to safeguard the data in the company’s possession. Your payment information is processed through Stripe, our integrated payment service provider. More details about Stripe and their security measures can be found on our Subprocessors page.
Government ID	Your ID is collected and stored on behalf of healthcare practitioners to verify your identity, in accordance with the healthcare practitioner’s provincial healthcare regulations.
Coarse Location	We process your coarse location to personalize the Felix platform to your needs. This includes matching you with healthcare practitioners who are licensed in your province, and showing you relevant information about our services that apply to users from your province.

Information Collected and Used for Felix Health Services

User Information	Purpose of Collection
Personal information, including: Legal first and last name Email address Phone number Emergency contact number Physical address Billing address Credit card information Province of residence Government issued photo ID Health Information, including: Weight Height BMI Biological Sex Gender Identity Allergies Medications Medical Condition(s) Past surgeries/ hospitalizations Health card ID number Healthcare Provider Information Assessment Quiz Results	Provide you with healthcare services Personalize treatment recommendations and the platform experience Personalize developer communications Connect you with healthcare services Collected and stored on behalf of healthcare practitioners, in accordance with the healthcare practitioner’s provincial healthcare regulations Ensures health prescriptions or treatments provided to Patients are safe and appropriate.
Benefits / Insurance Information	Felix collects, uses and discloses user insurance information in order to process payment for the user’s healthcare services. With the permission of the user, Felix will disclose a user’s name and insurance information to the Third Party Payer to facilitate payment of prescriptions.
Prescription Information, including: Prescription(s) name(s) Dose of drug Drug Form Drug Dispensing Information Refill Information	Prescription Information is collected and used by Felix’s pharmacy network to ensure the accuracy of patients’ prescriptions and to facilitate medication delivery services for patients whose treatment is dispensed from a Felix pharmacy. As required, Felix pharmacy may access provincial drug intranets such as PharmaNet in British Columbia to confirm information related to prescription history.
Health Record Contents	This is a record that includes a healthcare practitioner’s internal notes, messages with the patient, dates the patient received service, and prescription information. This record is the information needed to document your treatment plan with Felix, and is recorded in accordance with the healthcare practitioner’s provincial healthcare regulations.
Lab Results	Lab Results are only collected as a part of the weight loss treatment plan, in accordance with healthcare practitioner’s provincial health regulations. Users upload their lab results to the Felix platform to facilitate healthcare services, and to determine the appropriateness of the treatment plan and prescription determined by a licensed healthcare practitioner.

Technical Data

User Information	Purpose for Collection
Platform/App Browsing History	A user’s browsing history on the Felix app is used to support and enhance app functionality. This helps us understand how you use our services, and how we can improve our products and the platform experience for users.
Platform Purchase History / Platform Interaction History	Platform Purchase History and Platform Interaction History is tracked and used to support and enhance app functionality. This helps us personalize product suggestions for the users and personalize Felix marketing to the individual user. It also helps us understand how you use our services, and how we can improve our products and the platform experience for users.
Device ID	Your Device ID is collected, stored and used for security purposes, such as monitoring for malicious activity and ensuring secure account login.
IP Address	We process your IP address to determine your rough location to ensure that you are in a province that can access the Felix platform services. A user IP address is also collected for security reasons in order to monitor for malicious activity.
Crash Data	Felix collects, stores and uses crash data to help monitor and improve app functionality, and enhance user experience.
Performance Data	Felix collects, stores and uses performance data to help monitor and improve app functionality, and enhance user experience.

Privacy Legislation by Province