Privacy Policy

Felix Inc. (“Felix”, as follows “we” or “us”) last updated this Privacy Policy (“Policy”) on March 15, 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, 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 health legislation. 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

Felix Platform” - Collectively, the hardware, software, 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 Information” - Collectively “Personal Information” (information about an identifiable User as defined by the Applicable Law) and “Personal Health Information” or “PHI” (information about a User’s health or healthcare as defined in the Applicable Law)

User” - (as follows “you”, “your”) an individual registered to use the Felix Platform

Authorized Healthcare Professional” - Collectively “Authorized Healthcare Professionals” (Physicians and Nurse Practitioners licensed to practise medicine in a province or territory of Canada)

Authorized Non-Practitioner Professional” - Regulated health professionals other than Physicians and Nurse Practitioners licensed to practise in a province or territory of Canada

Applicable Law” - Laws and regulations Felix, Authorized Healthcare Professionals, or Users are subject to 

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

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:

  1. 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
  2. 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:

  1. Receiving, reviewing, and uploading laboratory test results to the Felix Platform
  2. Faxing prescriptions to pharmacies (both within and outside of the Felix Pharmacy Network)
  3. Medication delivery services for Users whose treatment is being dispensed from the Felix Pharmacy Network
  4. 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. 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. 

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.

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

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.

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.

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. 

Users can 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.

User’s may update or otherwise correct Information, 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 us using the information below so your request can be appropriately directed.

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. For more information about our use of cookies and your ability to accept or decline our use of cookies, please refer to our Cookie Policy.

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

Privacy Legislation by Province

Alberta

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British Columbia

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Manitoba

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Newfoundland and Labrador

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Nova Scotia

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Ontario

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PEI

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Saskatchewan

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