Whereas, Members Health Inc. (“MHI”), 121 King Street West, Suite 2150, Toronto, Ontario, M5H 3T9, Tel. 1-800-484-0152, www.membershealth.ca, has offered to arrange independent third party Physicians, Specialists, healthcare providers and appurtenant healthcare administrative and support staff to communicate with me using the following means of electronic communication: Phone, Email, Chat, Text, Videoconferencing using various video chat and/or conference platforms (“the Services”), I hereby acknowledge that I accept the services as will provided to me, that same may have been arranged and/or provided to me as an Employee or Association Benefit, or, as a service that I purchased directly from MHI independently for myself and/or jointly on behalf of my family, to wit I assert and consent that I will fully read the risks, limitations, conditions of use, and instructions for use of the services, both as detailed below and as will be provided in advance of use of the Services, either in advance of or at time of an appointment booking, and that my personal use of the services, including that of my dependents, will conclusively, definitively and irrevocably constitute my consent to the TERMS OF USE AND CONSENT TO USE OF ELECTRONIC COMMUNICATIONS and the PRIVACY POLICY. I acknowledge that it has been disclosed to me that either I, MHI, the referred Physicians that and/or the administrative and support staff for MHI may, at any time, withdraw the option of communicating electronically through the Services upon providing written notice and that any questions I have, have been answered. NOTE: You are free, at any time to ask questions via email to: support@membershealth.ca, or directly to Tel. 1-800-484-0152, or directly to the Physician prior to engaging with the Physician on the matter for your phone or video call. I acknowledge and understand that multiple risks of using electronic communication and the services exist and that while encryption software may be used as a security mechanism for electronic communications, it is possible that communications with MHI, the referred Physicians that and/or the administrative and support staff for MHI using the Services may not be encrypted or subject to data interference by malicious actions of third parties. Despite this, I agree to communicate with MHI, the referred Physicians that and/or the administrative and support staff for MHI using the Services with a full understanding of the risks. I specifically acknowledge that while MHI, uses reasonable means to protect the security and confidentiality of information sent and received using the Services, MHI cannot guarantee the security and confidentiality of all electronic communications, specifically and in part, because: • Use of electronic communications to discuss sensitive information can increase the risk of such information being disclosed to third parties. • Despite reasonable efforts to protect the privacy and security of electronic communication, it is not possible to completely secure the information. • Employers and online services may have a legal right to inspect and keep electronic communications that pass through their system. • Electronic communications can introduce malware into a computer system, and potentially damage or disrupt the computer, networks, and security settings. • Electronic communications can be forwarded, intercepted, circulated, stored, or even changed without the knowledge or permission of the Physician or the patient. • Even after the sender and recipient have deleted copies of electronic communications, back-up copies may exist on a computer system or servers. • Electronic communications may be disclosed in accordance with a duty to report or a court order. • Videoconferencing platforms and services may periodically be more open to interception. As regards email or text as an e-communication tool, the following additional risks present: • Email, text messages, and instant messages can more easily be misdirected, resulting in increased risk of being received by unintended and unknown recipients. • Email, text messages, and instant messages can be easier to falsify than handwritten or signed hard copies. It is not feasible to verify the true identity of the sender, or to ensure that only the recipient can read the message once it has been sent. You acknowledge and accept that you are subject to the following conditions of using the Services: • While MHI, the referred Physicians that and/or the administrative and support staff for MHI using the Services the Physician will attempt to review and respond in a timely fashion to your electronic communication, the Physician cannot guarantee that all electronic communications will be reviewed and responded to within any specific period of time and as such the Services are not to be used for medical emergencies or other time-sensitive matters. • If your electronic communication requires or invites a response from MHI, the referred Physicians that and/or the administrative and support staff for MHI using the Services and you have not received a response within a reasonable time period, it is your responsibility to follow up to determine whether the intended recipient received the electronic communication and when the recipient will respond. • Electronic communication is not an appropriate substitute for certain types of in-person or over-the-telephone communication or clinical examinations. MHI, the referred Physicians that it designates and/or the administrative and support staff for MHI will endeavor, using best efforts, to alert you to same when such an event arises and will where appropriate, arrange or instruct you to attend an alternate assessment process, which may include attendance at an Emergency Department. • Electronic communications concerning diagnosis or treatment will be transcribed into the MHI secure Electronic Medical Records (EMR) system and made part of your medical record. Only MHI designated and monitored staff and the referred Physicians will have authorized access to the medical record. • MHI, the referred Physicians that and/or the administrative and support staff for MHI may forward electronic communications to other Medical staff involved in delivery and administration of your care. MHI, the referred Physicians that and/or the administrative and support staff will not forward electronic communications to third parties, including family members, without your prior written consent, except as authorized or required by law. • MHI, the referred Physicians that MHI designates and/or the administrative and support staff for MHI will not use the Services to communicate any sensitive medical information about matters specified below without your consent or a legal requirement to disclose: Sexually transmitted diseases, AIDS/HIV Mental health Developmental disability, or Substance abuse issues. You agree to specifically inform the Physician of any types of additional information you do not want sent via the Services, in addition to those set out above and you are noticed that you can add to or modify the above list at any time by notifying MHI, the referred Physicians that MHI designates and/or the administrative and support staff for MHI. • Some of the Services might not be used for healthcare, or therapeutic purposes or to communicate clinical information. Where applicable, the use of the Services in these instances will be limited to education, information, and administrative purposes. • That MHI, the referred Physicians that it designates and/or the administrative and support staff for MHI are not responsible for information loss due to technical failures associated with your software or internet service provider. • You will reasonably limit or avoid using an employer’s or other third party’s computer. • You will inform MHI, the referred Physicians it designates and/or the administrative and support staff for MHI of any changes in your email address, mobile phone number, or other account information necessary to communicate via the Services. • Message subject lines will have an appropriate description of the nature of the communication (e.g. “prescription renewal”), and that your full name may appear in the body of the message. • You will review all electronic communications to ensure they are clear and that all relevant information is provided before sending MHI, the referred Physicians that it designates and/or the administrative and support staff for MHI using the Services. • You will ensure that MHI, the referred Physicians that it designates and/or the administrative and support staff for MHI using the Services are aware you have sent them an electronic communication, such as by a reply message or allowing “read receipts”. • You will take precautions to preserve the confidentiality of your electronic communications, such as using screen savers and safeguarding computer passwords. • You will only withdraw consent via email or written communication to MHI, the referred Physicians that and/or the administrative and support staff for MHI using the Services. • You will in instances where you require immediate assistance, or when a condition appears serious or rapidly worsens, not rely on the Services, but take immediate measures as appropriate, such as going to the nearest Emergency Department.You have fully read and understand all the services, risks and this TERMS OF USE AND CONSENT TO USE OF ELECTRONIC COMMUNICATIONS in total as detailed above, that you have had opportunity to ask or clarify any questions you have, and as such that you hereby consent and agree to the use of the services on the understanding that MHI will not use your personal or personal health information without your consent except as necessary to provide its services, that MHI will never sell your personal or personal health information, nor otherwise make any of your personal information available to a third party in exchange for remuneration, that MHI will never disclose your personal information except as required by law and upon demonstration of lawful authority, as determined by their Corporate Legal Counsel, and that upon your express request and instruction, will immediately close your account and destroy or anonymize all personal information related to your account, that MHI may/shall/will collect my name, the name and contact information of the health care provider (including their specialization), as well as the time of your appointments, that consultations may/shall/will occur on a secure video platform, safeguarded as described in the Privacy Policy as immediately below, that none of your personal or personal health information shall be used without your consent except as necessary to provide its services.
