TERMS AND CONDITIONS
BY SUBMITTING MY REGISTRATION REQUEST, I ACKNOWLEDGE THAT I HAVE READ AND ACCEPTED THE GENERAL TERMS AND CONDITIONS, AND THAT I INDEMNIFY DR GAVIN JAMES, FORUM MEMBERS, AND ALL PARTIES INVOLVED IN THE PREPARATION AND DISSEMINATION OF THIS WEBSITE AND ITS CONTENTS FROM ANY AND ALL CLAIMS THAT I OR MY LAWFUL REPRESENTATIVES MAY HAVE OR MAKE IN RELATION TO MY ACCESS AND USE OF THIS SITE OR THE CONTENTS THEREOF.
THE CONTENTS OF THIS WEBSITE INCLUDING ALL TEXT, PHOTOGRAPHS, RADIOGRAPHS, DIAGRAMS, AUDIO AND VIDEO MEDIA ARE, UNLESS OTHERWISE ATTRIBUTED, THE INTELLECTUAL PROPERTY OF DR. GAVIN JAMES AND ARE PROTECTED BY COPYRIGHT. UNAUTHORIZED REPRODUCTION IS PROHIBITED UNLESS OTHERWISE GRANTED IN WRITING PRIOR TO PUBLICATION OR USAGE.
Personal Information Protection Policy
At OrthodonticEd.com, we are committed to providing our clients and members with exceptional service. As providing this service involves the collection, use and disclosure of some personal information about our clients and members, protecting their personal information is one of our highest priorities.
We will inform our clients and members of why and how we collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances.
This Personal Information Protection Policy, in compliance with FIPPA, outlines the principles and practices we will follow in protecting clients’ and members’ personal information. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of our clients’ and members’ personal information and allowing our clients and members to request access to, and correction of, their personal information.
Scope of this Policy
This Personal Information Protection Policy applies to OrthodonticEd.com and all parties involved in the creation, management and maintenance of this website. This policy also applies to any service providers collecting, using or disclosing personal information on behalf of OrthodonticEd.com.
Personal Information –means information about an identifiable individual (e.g. first and last name, email address, credit card information, education, employment information). Personal information does not include contact information (described below).
Contact information – means information that would enable an individual to be contacted at a place of business and includes name, position name or title, business telephone number, business address, business email or business fax number. Contact information is not covered by this policy or FIPPA.
Privacy Officer – means the individual designated responsibility for ensuring that OrthodonticEd.com complies with this policy and FIPPA.
Policy 1 – Collecting Personal Information
1.1 Unless the purposes for collecting personal information are obvious and the client or member voluntarily provides his or her personal information for those purposes, we will communicate the purposes for which personal information is being collected, either orally or in writing, before or at the time of collection.
1.2 We will only collect client and member information that is necessary to fulfill the following purposes:
• To verify identity;
• To identify client and member preferences;
• To understand the educational needs of our clients and members;
• To create an online forum identity;
• To deliver requested products and services
• To provide educational and research services;
• To enrol the client in a program;
• To ensure a high standard of service to our clients and members;
• To meet regulatory requirements;
Policy 2 – Consent
2.1 We will obtain client and member consent to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without consent).
2.2 Consent can be provided orally, in writing, electronically or through an authorized representative or it can be implied where the purpose for collecting using or disclosing the personal information would be considered obvious and the client or, member voluntarily provides personal information for that purpose.
2.3 Consent may also be implied where a client or member is given notice and a reasonable opportunity to opt-out of his or her personal information being used for mail-outs, the marketing of new services or products, fundraising and the client or member does not opt-out.
2.4 Subject to certain exceptions (e.g., the personal information is necessary to provide the service or product, or the withdrawal of consent would frustrate the performance of a legal obligation), clients and members can withhold or withdraw their consent for OrthodonticEd.com to use their personal information in certain ways. A client’s or member’s decision to withhold or withdraw their consent to certain uses of personal information may restrict our ability to provide a particular service or product. If so, we will explain the situation to assist the client or member in making the decision.
2.5 We may collect, use or disclose personal information without the client’s or member’s knowledge or consent in the following limited circumstances:
• When the collection, use or disclosure of personal information is permitted or required by law;
• In an emergency that threatens an individual's life, health, or personal security;
• When the personal information is available from a public source (e.g., a telephone directory);
• When we require legal advice from a lawyer;
• For the purposes of collecting a debt;
• To protect ourselves from fraud;
• To investigate an anticipated breach of an agreement or a contravention of law
Policy 3 – Using and Disclosing Personal Information
3.1 We will only use or disclose client and member personal information where necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to those purposes such as:
• To grant access to educational materials, forums, research and opinions otherwise restricted to the public
• To enable the functions of ecommerce (e.g. to the issuing bank of a client credit card)
• To conduct client and member surveys in order to enhance the provision of our services;
• To contact our clients and members directly about products and services that may be of interest;
3.2 We will not use or disclose client or member personal information for any additional purpose unless we obtain consent to do so.
3.3 We will not share client or member lists or personal information to other parties unless we have client or member consent to do so.
Policy 4 – Retaining Personal Information
4.1 If we use client or member personal information to make a decision that directly affects the client or member, we will retain that personal information for at least one year so that the client or member has a reasonable opportunity to request access to it.
4.2 Subject to policy 4.1, we will retain client or member personal information only as long as necessary to fulfill the identified purposes or a legal or business purpose.
Policy 5 – Ensuring Accuracy of Personal Information
5.1 We will make reasonable efforts to ensure that client and member personal information is accurate and complete where it may be used to make a decision about the client and member or disclosed to another organization.
5.2 Clients and members may request correction to their personal information in order to ensure its accuracy and completeness. A request to correct personal information must be made in writing and provide sufficient detail to identify the personal information and the correction being sought.
5.3 If the personal information is demonstrated to be inaccurate or incomplete, we will correct the information as required and send the corrected information to any organization to which we disclosed the personal information in the previous year. If the correction is not made, we will note the clients’ and members’ correction request in the file.
Policy 6 – Securing Personal Information
6.1 We are committed to ensuring the security of client and member personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.
6.2 The following security measures will be followed to ensure that client and member personal information is appropriately protected: Physically securing offices where personal information is held; the use of user IDs, passwords, encryption, firewalls; restricting employee access to personal information as appropriate (i.e., only those that need to know will have access; requiring any service providers to provide comparable security measures.
6.3 We will use appropriate security measures when destroying client or member personal information such as shredding documents and deleting electronically stored information.
6.4 We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security.
Policy 7 – Providing Client and Member Access to Personal Information
7.1 Clients and members have a right to access their personal information, subject to limited exceptions.
(a) the information is protected by solicitor-client privilege;
(b) the disclosure would reveal personal information about another individual, health and safety concerns;
(c) the disclosure of the information would reveal confidential commercial information that if disclosed, could, in the opinion of a reasonable person, harm the competitive position of the organization;
(d) the information was collected or disclosed without consent, as allowed under section 12 or 18, for the purposes of an investigation and the investigation and associated proceedings and appeals have not been completed;
(e) the information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act
(i) under a collective agreement,
(ii) under an enactment, or
(iii) by a court;
(f) the information is in a document that is subject to a solicitor's lien.
7.2 A request to access personal information must be made in writing and provide sufficient detail to identify the personal information being sought.
7.3 Upon request, we will also tell clients and members how we use their personal information and to whom it has been disclosed if applicable.
7.4 We will make the requested information available within 30 business days, or provide written notice of an extension where additional time is required to fulfill the request.
7.5 A minimal fee may be charged for providing access to personal information. Where a fee may apply, we will inform the client or member of the cost and request further direction from the client or member on whether or not we should proceed with the request.
7.6 If a request is refused in full or in part, we will notify the client or member in writing, providing the reasons for refusal and the recourse available to the client or member.
Policy 8 – Questions and Complaints: The Role of the Privacy Officer or designated individual
8.1 The Privacy Officer or designated individual is responsible for ensuring OrthodonticEd.com’s compliance with this policy and the Personal Information Protection Act.
8.2 Clients and members should direct any complaints, concerns or questions regarding OrthodonticEd.com’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, the client or member may also write to the Office of the Information and Privacy Commissioner of Ontario.
Contact information for OrthodonticEd.com’s designated individual:
Dr. Gavin James