Our multi-disciplinary team consists of healthcare professionals, such as physiotherapists, occupational therapists, speech-language pathologists, and students, as well as office administrative staff. Together, we act as Health Information Custodians (HIC) or agents of our clients Personal Information and Personal Health Information. Butterfly Pediatric Therapy is responsible for the actions of our agents.
What is Personal Information?
Personal Information means information about an identifiable individual, such as your name, your child’s name, your postal address, email address, phone number, health information, and your child’s date of birth.
This policy does not apply to non-personally identifiable information, business contact information, or any information that you voluntarily share on publicly accessible websites (such as the comments section of our website, or on our social media pages).
Non-personally identifiable information and Cookies
Non-personally identifiable information includes any information that cannot be used to identify you, such as your website browsing activity, type of web browser, or aggregated statistical data such as time spent on the site or number of visitors to the site. Like many websites, we also use “cookies” to collect information. A cookie is a small data file that we transfer to your smartphone or computer’s hard disk for record-keeping. Non-personally identifiable information can be collected by us, and shared with third parties. Non-personally identifiable information may be used to administer the website, and improve the overall effectiveness of our website. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the website.
What is Personal Health Information?
Personal Health Information means identifying information about an individual in oral or recorded form, if the information relates to the health of an individual, and can include (amongst other information as defined in PHIPA):
- the physical or mental health of the individual, including information that consists of the medical history of the individual’s family;
- information relating to the providing of health care to the individual, including the identification of a person as a provider of health care to the individual
- information relating to payments or eligibility for health care in respect of the individual; or
- the individual’s health number;
- identifies an individual’s substitute decision-maker.
When do we Collect Personal Information or Personal Health Information?
We collect certain types of Personal Information and Personal Health Information when you engage the services of Butterfly Pediatric Therapy.
When you first register your child with Butterfly Pediatric Therapy for health care services (physiotherapy, occupational therapy, or speech-language pathology), we gather data for identification purposes along with a brief medical history and primary concerns which is followed by a fulsome discussion regarding your child’s medical history, physician information, and other relevant medical information. We will generally ask you to provide your express informed consent in writing for the collection and use of your Personal Health Information.
As we proceed with meeting your child’s therapeutic needs, you may share or we may ask for updated medical information. We keep and maintain notes regarding each visit. These records constitute your child’s Personal Health Information.
We also require certain mandatory Personal Information which are necessary to enable our services, such as parent/guardian full names, emergency contact information, your child’s home address, your child’s date of birth, phone number.
Other examples of where we may collect and you may consent to providing us with Personal Information include entering a contest, filling out a survey, posting a review, submitting feedback, providing your email address for the purpose of receiving offers, updates, scheduling information, and newsletters.
What do we Use your Personal Information or Personal Health Information for?
Your Personal Health Information and Personal Information will only be used as necessary to provide you with our services.
We use Personal Health Information to provide our clients with health care services (physiotherapy, occupational therapy, or speech-language pathology). Personal Information and Personal Health Information may be used for the following purposes: (i) to create and maintain your client file; (ii) administer your use of our services; (iii) to provide administration services in respect of payments; (iv) to fulfill requests you may make, such as feedback or answering your questions; (v) to contact you; (vi) to comply with all applicable laws, cooperate with law enforcement, (vii) with your consent, to communicate with you via email regarding our services, such as providing you with your child’s appointment schedule, rescheduling or cancelling appointments, or answering any questions you may have regarding our services, (viii) with your consent, provide you with further information and offers from us or third parties that we believe you may find useful or interesting, including newsletters, marketing, fundraising, or promotional materials, and other information on services and products offered by us or third parties.
We will only retain your Personal Information and Personal Health Information for so long as it is necessary to fulfill your use of our services, and for legal, business and regulatory compliance, such as compliance with our regulatory Colleges. We ensure that any documents containing Personal Information or Personal Health Information are destroyed in a secure and irreversible manner.
Providing and Withdrawing Consent
You may withdraw your consent, or modify your consent (such as providing limitations or conditions on your consent), at any time.
Certain types of Personal Information and Personal Health Information in respect of the services are mandatory and necessary for the services that we are providing. If you do not provide the mandatory Personal Information or Personal Health Information, we cannot provide you with our services.
In certain circumstances, we may rely on your implied consent, unless you have expressly withdrawn or withheld consent.
Other types and uses of Personal Information are voluntary, and are only collected with your express consent. For example, if you sign up for email communications to receive our emails, offers, or newsletters, you are expressly volunteering and consenting to provide the information. You may withdraw your consent in respect of voluntary Personal Information at any time.
If we intend on viewing, collecting, using, or disclosing your Personal Information or Personal Health Information for a previously undisclosed purpose, we will obtain your consent before doing so, unless otherwise permitted by law.
Who can we Disclose your Personal Information or Personal Health Information to?
Butterfly Pediatric Therapy will only share Personal Health Information or Personal Information as is necessary to administer and fulfill the services, and with your express consent (unless otherwise permitted by law). For example, you may wish for us to discuss your child’s progress or needs and share Personal Health Information with your child’s school or Children Treatment Centre therapist, with an equipment vendor, with a fundraising organization (such as Easter Seals), a third-party payor (such as the Assistive Devices Program or an insurer), or with your child’s physician. We will only share this information with express consent.
We are permitted by law to disclose Personal Health Information in the event of an emergency.
Butterfly Pediatric Therapy may disclose your Personal Information to authorized third parties to administer the services, such as administering and processing payments, providing customer service, sending you emails and administering contests.
Butterfly Pediatric Therapy cooperates with government, regulatory and law enforcement officials, and private parties to enforce and comply with the law. We will disclose information as necessary or appropriate to respond to claims and legal processes, to protect the property and rights of Butterfly Pediatric Therapy or a third party, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable. Butterfly Pediatric Therapy may disclose your information on a confidential basis to parties connected with a financing, sale, or other disposal of all or part of the business or assets.
Accessing and Updating Personal Information and Personal Health Information
With limited exceptions provided by law, you may view, update, correct our Personal Information and Personal Health Information by contacting us at email@example.com. For example, we may not delete our professional opinions as recorded in our client files, even if you disagree with our opinion. However, if there is an error in your file, we may be able to correct it.
We can facilitate your request to delete your Personal Information or Personal Health Information if we are not required to retain such information for business, regulatory, or legal reasons. If you delete mandatory information, you may not access our services. Please let us know of any changes to your Personal Information as soon as possible.
Security of Personal Information and Personal Health Information
We will notify you in the event of any theft, loss, or unauthorized use or disclosure of your Personal Health Information, report privacy breaches to the Information and Privacy Commissioner of Ontario, and report the same to our regulatory colleges, as required under PHIPA. You are also entitled to make a compliant to the Information and Privacy Commissioner of Ontario regarding any such privacy breaches.
Comments, Concerns and Questions
Please contact Keiri Porter, Privacy Officer at Butterfly directly at firstname.lastname@example.org
Last Updated: May 30, 2023
Intellectual Property and Proprietary Content
This Website is comprised of proprietary, trademarked and copyright-protected content, including but not limited to photos, video, graphics, music, sound, art, and text (the “Content”). All Content is protected by intellectual property laws, and is owned by Butterfly, licensed to Butterfly, or otherwise provided by a third-party.
You are hereby granted a non-exclusive, limited, non-transferable licence to use, access and view the Content for the purpose of using the Website for personal use. All rights are otherwise reserved. No other uses of the Content is permitted, unless otherwise permitted by law. You may not modify, publish, distribute, transmit, link, deep link, or create derivative works, without the express permission of Butterfly or the copyright owner.
You acknowledge that Butterfly shall have the right, but has no obligation, to monitor the Website, and to remove any materials that Butterfly finds objectionable, in its sole opinion.
You agree that your use of the Website will be in accordance with all applicable laws and regulations and that you will not use the Website in an unlawful manner.
You agree not to use the Website to: (a) transmit abusive, defamatory, libellous, sexist, racist, discriminatory, unlawful, harmful to minors, demeaning, offensive, threatening, obscene, illegal conduct, violates the rights of others, or misleading content, material or communication, of any kind or nature whatsoever; (b) infringe any intellectual property rights including copyrights, trade-marks, proprietary rights, privacy rights, publicity rights or any other rights of any kind whatsoever; (c) use the Website in any manner that violates or attempts to violate the security of the Website, including but not limited to unauthorized access to registration accounts, using any spider or other devices or viruses or code designed to disrupt, scrape, damage or otherwise limit the functionality of the site, or copy or monitor the site, or attempting to scan or test the site to breach its security; (d) promote political, religious, commercial activities, including but not limited to advertising, linking, or any other form of solicitation for goods and services without the prior written consent of Butterfly; or (e) solicit users to other services that compete directly or indirectly with this site, or diminishes the users need to use this site.
The Website may permit you to post comments, questions, provide feedback, ratings, and interact with Butterfly, and other users. These interactions are public and not confidential, and may be available to any user of the Website.
You hereby represent and warrant that you are the intellectual property or proprietary owner of any materials protected by intellectual property or proprietary rights that you make available to the Website and that you have the unimpaired right to convey a licence to Butterfly without further payment to an intellectual property owner.
By making materials available to the Website, you hereby grant Butterfly a perpetual, royalty-free, irrevocable, worldwide non-exclusive licence to publish, display, modify, distribute, communicate to the public, in any material form, in whole or in party, on any platform known now or developed in the future, and to sub-licence such rights to any licensee or sub-licensee of Butterfly, and a licence to use any material you make available to the site for any lawful purpose whatsoever, including but not limited to market research, advertising, and promotions.
Butterfly hereby disclaims any liability in any material you make available to the Website, including any objectionable content.
Third-Party Websites, Content, Advertisements, Links
This Website may contain content supplied by third parties and users, such as advertisements, user content, and links to licensors or other third-party websites (“third-party content”).
Your reliance on any third-party content is solely at your own risk. You should direct any concerns you have regarding third-party content to the third-party. Butterfly does not control third-party content. You may find third-party websites inappropriate. Butterfly is not responsible for any form of transmission received from a link to a third-party website. Butterfly does not endorse the accuracy, quality, or reliability of any third-party content. Butterfly hereby expressly disclaims any warranties regarding the content, legality or accuracy of third-party content. Butterfly is not liable for errors, omissions or delays in third-party content. You agree that Butterfly is not responsible or liable to you in any way for any loss or damage incurred by you in connection with your reliance on or use of third-party content. You agree that you are solely responsible for all risks associated with your use of or reliance on the Content, third-party content, or Website. You should review each third-party sites use agreements and privacy policies and determine if they are acceptable.
You agree that any dealings you have with a third-party are solely between you and the third party, and Butterfly assumes no liability or responsibility to you in any way for anything related to the relationship between you and the third-party, including for any losses or damages you may incur in the course of such dealings. Butterfly does not warrant, represent, endorse, guarantee, assume responsibility or provide any conditions for any goods or services advertised or offered through the Website, by third parties, or otherwise. Butterfly shall not be a party to any transaction that you may enter into with such third party.
Butterfly does not provide or guarantee, nor is the Content (or for clarity, third-party content), intended to be relied on by you or interpreted as medical or other advice or recommendations regarding the suitability of, treatment plan, diagnosis, product or course of action. You should use your own judgment in making use of any Content and are responsible for your own research and decisions. The Content does not replace consultations with professional advisors, such as physiotherapists or medical doctors. It is strongly recommended that you seek appropriate independent advice from qualified professional advisors before making any decisions.
Disclaimer and No Warranty
Your reliance on the Website is solely at your own risk. You expressly agree that to the maximum extent as permitted by law, the Website is provided to you on an “as is” and “as available” basis. Butterfly makes no warranty that the Website will be free from viruses, infection, harmful elements, uninterrupted, error-free, and free from delays or omissions.
You acknowledge and agree that there are hazards inherent in Internet communications, and Butterfly shall not be liable for any delays, omissions, inaccuracy or data loss through your communications and use of the Website. The Website may be unavailable for any reason from time to time, including without limitation maintenance and disruptions. Butterfly cannot guarantee 100% availability of Website. You acknowledge that your access to the Website may be interrupted from time to time.
Butterfly does not make and hereby expressly disclaims to the maximum extent permissible by applicable laws, all representations, warranties, terms, conditions, and endorsements, of any kind whatsoever, whether express or implied, statutory or otherwise, including implied warranties and conditions of merchantability, fitness for a particular purpose, accuracy, completeness, suitability, reliability, satisfactory quality, loss of data, virus-free, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade, and any obligation, liability, right, claim or remedy in tort or breach of contract including negligence, in respect of the Website, including but not limited to the accuracy or reliability of any content, including but not limited to text, pricing, typographically errors or omissions.
Limitation of Liability
In no event shall Butterfly be liable or responsible to you or anyone else (jointly or severally) in any way for any claim, injury, personal injury, death, loss or damage of any kind whatsoever, including without limitation any direct, indirect, incidental, exemplary, special, punitive or consequential damages or any damages for loss of profits, lost savings, economic loss, revenue, goodwill, business interruption, loss of information or data or other intangible losses, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way related to or resulting or arising from, or in any way connected with the Website, including: (i) your use or inability to use or access the Website; (ii) any errors, omissions or inaccuracies in any material or content on the Website; (iii) personal injury, illnesses, or property damage of any kind whatsoever relating to or arising from your use of Website; (iv) any damage from any viruses, or other elements that may be harmful to your communication equipment arising from or relating to your use of the Website; (v) any acts, omissions, errors, statements, conduct, ability, service quality of any third-party including licensors and advertisers, including whether accessed or processed on the Website, or otherwise; or (vi) any other matter relating to the Website, regardless of whether Butterfly had been advised of or could have foreseen the possibility of such claim, loss or damage.
The limitations of liability and disclaimers described herein will apply regardless of the form of action, whether in contract, tort (including negligence), civil liability, strict liability, or otherwise. Notwithstanding the forgoing, in no event will Butterfly’s aggregate liability to you exceed the greater of (1) the amount paid by you to Butterfly in the prior three (3) months (if any), or (2) $50 CDN. These limitations shall apply to the fullest extent as permitted by applicable law.
Butterfly will under no circumstances have any liability whatsoever for any reason of force majeure, including but not limited to power outage, lack of network, access, riot, strike, lockout, labour disputes, insurrections, civil disturbances, labour shortages, disease outbreaks, fires, floods, explosions, acts of God, war, governmental actions, order of domestic or foreign courts or tribunals, insurrection, explosion, malicious mischief, lighting, earthquake, extreme weather conditions, internet failures, computer equipment failures, electrical power failures, telecommunication failures, or satellite failures.
You agree to indemnify, hold and save harmless Butterfly and their respective directors, officers, employees and agents from and against any and all claims, demands, expenses (including, but not limited to, reasonable legal fees), damages, causes of action, obligations, liabilities, losses and costs or debt arising out of, in connection with, relating to or incidental to your use of the Website, including but not limited to the use of the Website, any injuries (including bodily harm or death), losses, damages, including property damage, of any kind arising in connection with or as a result of the Website, and any violation of any law, rule or regulation of Canada or any other country, and any violation of the rights of any other person or entity.
Comments, Concerns and Questions
Please contact us at email@example.com if you have any questions, concerns or comments.
Last Updated: May 30, 2023