Last updated 19th June 2021 to reflect name change: PHC Medical Staff Directory
TERMS AND CONDITIONS OF USE AGREEMENT
AND AUTHORIZATION OF RELEASE OF INFORMATION
Providence Health Care (PHC) Medical Staff Directory
In addition to agreeing to these Terms and Conditions, you will need to agree to following the e-mail and texting policies for use of the Medical Staff Directory:
- Providence Health Care Information Privacy and Confidentiality Policy
- Providence Health Care – Emailing Policy
- Providence Health Care – Texting Policy
If you do not agree to these Terms and Conditions, you will not be able to access the Medical Staff Directory.
The PHC Physicians & Surgeons Association (PHC-PASS) and PHC Medical Staff Association (MSA) in partnership with PHC Medical Affairs are pleased to offer you the ability to interact with other medical staff working in Providence Health Care using a web/mobile-enabled directory of information.
The following Terms and Conditions govern and apply to your use of or reliance upon this web-based directory called the “PHC Medical Staff Directory” (henceforth referred to as “the Medical Staff Directory”) jointly sponsored and maintained by PHC-PASS, PHC-MSA and PHC Medical Affairs (henceforth referred to as “the Medical Staff Directory owners”).
Your access or use of the Medical Staff Directory indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Medical Staff Directory. Your continued use of the Medical Staff Directory will be considered your acceptance to the revised Terms and Conditions.
Patient privacy is important. The Medical Staff Directory is not a secure messaging program to be used for confidential exchanges of patient information. All users must comply with the BC Freedom of Information and Protection of Privacy Act (FIPPA) or BC PIPA when using the Medical Staff Directory.
PHC Medical Staff Directory Purpose
The Medical Staff Directory enables PHC Medical Staff to:
- connect and communicate quickly and easily with each other in a more direct and efficient manner, through your mobile device;
- contact various sites, clinics and departments across PHC directly from your mobile device without the need to go through switchboard; and
- get to know each other and connect around areas of interest (including in clinical and research areas) to build physician engagement and collaboration.
Your use of the Medical Staff Directory is voluntary. You enter and manage your own information as you wish, and use the device of your choice. We will never share your information with outside parties.
For support or suggestions, or to delete your profile, contact email@example.com
All intellectual property of the Medical Staff Directory (except for User Generated Content, as defined below) is owned by the Medical Staff Directory owners or our licensors. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Medical Staff Directory (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, the design of information, and all other content is a collective work under Canadian and other / foreign copyright laws and is the proprietary property of who? Your use of the application does not grant you ownership of any of the data, content, code or materials you may access through the application.
USE OF COMPANY MATERIALS
USER GENERATED CONTENT
“User Generated Content” is information, data, photos, profiles, and any other content that you and/or other Directory users post or otherwise make available on or through the Medical Staff Directory, except to the extent the content is owned by us.
Medical Staff will enter in your own information including name, department, roles, patient specialties, preferred/primary telephone number, email address, fax number, research, clinical and personal areas of interest, and further optional information about yourself.
Participation in the Medical Staff Directory is entirely voluntary, and medical staff may choose to participate, or not, and what level of information they decide to enter and share.
Medical Staff who leave the organization and are no longer a member of the PHC Medical Staff will have their records deleted by the administrator/s of the Medical Staff Directory. Information is deleted permanently upon this action.
ACCOUNT AND ACCOUNT USE
Your use of the Medical Staff Directory requires an account identifying you as a user of the Medical Staff Directory (your “Account”):
- you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
- You agree to alert your department administrator and PASS/Medical Affairs administrators to remove your account when you are leaving the Providence Health Care (Medical Staff Directory administrators may receive this information in another way such as through Medical Affairs, and have the right to remove and delete your account as noted above);
- you agree to immediately notify your department administrator and PASS/Medical Affairs administrators of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
- you agree to provide true, current, accurate and complete profile information as requested by us from time to time and you agree to promptly update your own information, or notify the administrator of any changes to this information as required to keep such information held by us current, complete and accurate.
In addition to agreeing to these Terms and Conditions, Medical Staff working at PHC and using the Medical Staff Directory are responsible and accountable for following the relevant PHC Policies which may include, but are not limited to:
- Information Privacy and Confidentiality Policy
- Emailing Policy
- Texting PolicyThe Medical Staff Directory owners have sole discretion to decide who/ which credentialled/ privileged medical staff are invited to join, and included in the Medical Staff Directory. The Medical Staff Directory owners reserve the right to limit participation based on their determination of applicability and scope of service provision of the medical staff member.
- ACCEPTABLE USE
You agree not to use the Medical Staff Directory for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Medical Staff Directory in any way that could damage the Medical Staff Directory, the services or the general business of PHC Medical Affairs.
You further agree not to use and/or access the Medical Staff Directory:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of us or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate or discrimination towards any group;
- To unlawfully gather information about other users of the Directory. PROTECTION OF PRIVACY
Use of the Medical Staff Directory is voluntary. You voluntarily submit information and have control over your own information. You can choose which information to enter and share, which communication modality or device to use, or not to use the Medical Staff Directory at all.
When you register for an account, you provide us with a valid email address and may provide us with additional information.
Depending on how you use the Medical Staff Directory, we may also receive information from external applications you use to access our Medical Staff Directory, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
For the Medical Staff Directory, cookies are used for storing various data related to the use of the application. This may include things like login preferences, favourites, and authentication-based tokens, etc. These pieces of data are not be stored long term and never used to collect or track user data.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. This means you will need to log in every time you use the Medical Staff Directory. Please be aware that information about you that you have entered will still be available in the Medical Staff Directory.
The following suppliers who are governed under a confidentiality agreement, have access to the database of information that Medical Staff enter into the Medical Staff Directory:
- The technical support team has access via the codebase / application server. This will strictly be used for technical support, troubleshooting and debugging purposes.
- PASS/Medical Affairs designated Administrators have access to the database to update / troubleshoot accounts (if contacted by the medical staff) and delete accounts as required upon the member of the medical staff leaving Providence health care, to update site/clinic locations or information, and to provide additional functions as required.
At no time will the technical support team or designated PASS/MSA or Medical Affairs administrators share your information with any outside parties whatsoever.
We may use the information gathered from you to ensure your continued good experience on the Medical Staff Directory, including through e-mail communication. This includes tracking passive information to improve marketing and analytics, and for this, we may work with third-party providers.
- PRIVACY RISKS
Internet communications are subject to interception, loss or alteration and, as consequences, you acknowledge that information or data you provide by electronic means by accessing or using the Medical Staff Directory are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.
- ASSUMPTION OF RISK
The Medical Staff Directory is provided for communication purposes only. You acknowledge and agree that any information posted on the Medical Staff Directory is not intended to be legal advice, medical advice, or financial advice, confidential patient information exchange, and no fiduciary relationship has been created between you and the owners of the Directory. You further agree that your use of any of the Medical Staff Directory is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Medical Staff Directory.
- REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Medical Staff Directory;
- b) Violate the security of the Medical Staff Directory through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
The Medical Staff Directory uses the encryption methods of Secure Sockets Layer (SSL) in the transfer and storage of any user data. Data is stored on servers located in Canada. You are responsible for safeguarding the name, password and device you use to access the Medical Staff Directory or any activities or actions under your user account. Your role in maintaining the security of your account information is to keep your name and password confidential.
The Medical Staff Directory owners have taken reasonable and appropriate security measures to protect your information in compliance with BC PIPA. When using the information in some settings, such as a home or office, information will be transferred over an internet medium that is beyond the control of the Medical Staff Directory owners and its contractors. You are responsible for ensuring the computer and mobile systems you use to access the Medical Staff Directory have appropriate security measures enabled.
In event of a security event, the Medical Staff Directory Owners are not responsible for the security of your Account or Content. Your use of the Medical Staff Directory is at your own risk.
- SPAM POLICY
You are strictly prohibited from using the Medical Staff Directory or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
- THIRD-PARTY LINKS & CONTENT
The Medical Staff Directory may occasionally post links to third parties. We are not responsible or liable for any loss or damage caused as a result of your use of any third party information linked to from the Medical Staff Directory.
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.
- SERVICE INTERRUPTIONS
We may need to interrupt your access to the Medical Staff Directory to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Medical Staff Directory may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.
- TERMINATION OF ACCOUNT
Medical Staff who leave PHC will have their profile deleted from the data servers by the administrator/s of the Medical Staff Directory.
We may also, in our sole discretion, suspend, restrict or terminate your Account and your use of the Medical Staff Directory, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Medical Staff Directory or our or any third party’s equipment or network is impaired by your use of the Medical Staff Directory; we have received a third party complaint which relates to your use or misuse of the Medical Staff Directory; or, you have been or are in breach of these Terms and Conditions. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Medical Staff Directory.
- NO WARRANTIES
Your use of the Medical Staff Directory is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Medical Staff Directory will meet your needs or that the Medical Staff Directory will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Medical Staff Directory or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Medical Staff Directory is your sole responsibility and we are not liable for any such damage or loss.
- LIMITATION ON LIABILITY
The Medical Staff Directory Owners are not liable for any damages that may occur to you as a result of your use of the Medical Staff Directory, to the fullest extent permitted by law. The maximum liability of the Medical Staff Directory Owners arising from your use of the Medical Staff Directory is limited to the greater of one hundred ($100) Canadian Dollars. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
You defend and indemnify the Medical Staff Directory Owners and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Medical Staff Directory, your breach of these Terms and Conditions, or your conduct or actions.
- Providence Health Care Information Privacy and Confidentiality Policy
- Providence Health Care – Emailing Policy
- Providence Health Care – Texting Policy
- Office of the Information and Privacy Commissioner of BC: Protecting personal information away from the office.
- Office of the Information and Privacy Commissioner of BC: Mobile Devices: Tips for Privacy and Security