Hypercare Inc. (“Hypercare”, “we”, or “us”) provides a mobile application that allows healthcare providers to communicate and coordinate regarding patient care using text, audio, and images (“App”). Hypercare provides the App as a service to health care providers and facilities (“Services”).

Please note that in providing Services, Hypercare is a service provider and may act as a health information network provider (“HINP”) or an electronic service provider under Ontario’s Personal Health Information Protection Act (PHIPA) regulations, O. Reg. 329 / 04.

Hypercare is committed to the protection of Personal Information (defined below), including Personal Information that we obtain on our customers’ (e.g. hospitals) behalf. This Privacy Policy sets out the manner in which Hypercare collects, uses, discloses, and otherwise manages Personal Information through our website at www.hypercare.com (“Website”). It also applies to the Personal Information we obtain in the course of providing the App and Services on behalf of our customers.

For purposes of this Privacy Policy, Personal Information means information about an identifiable individual. Personal Information also includes identifiable information relating to the medical care or health of an individual.

Hypercare reserves the right to update this Privacy Policy. Every time that a change to this Policy is made, the revised version will be posted on our Website. By utilizing our App and/or Website, or otherwise providing Personal Information to us, the user agrees to be bound by Hypercare’s Privacy Policy.

Collection & Use of Personal Information

Information We Obtain in Providing Services to Customers

In the course of acting as a service provider and providing the App and Services to our customers, we may obtain Personal Information on behalf of our customers regarding their patients, employees, or authorized users (such as healthcare providers employed by our customers) as outlined below.

We require our customers to ensure that they have the authority to provide Personal Information to us in accordance with applicable privacy laws. Except as set out herein, we collect and use our customers’ Personal Information only for the purpose of providing Services on behalf of our customers.

• Information Required to Create an Authorized User Account: When an individual creates an account to become an authorized user of the App, Hypercare collects information such as the user’s name, position of employment, mobile telephone number, and email address.
• Information Obtained in Providing the Services: In order to provide the App and Services, we obtain Personal Information that is contained in authorized users’ communications via the App. These communications may include Personal Information regarding a patient’s care.

We also obtain standard information and data in order to provide the App including the user’s device type, device identifier, IP address, browser type, operating system, duration of use, number of messages sent or received, and times at which the App was accessed and used.

• Customer Support Services: We may collect certain information (such as an individual’s name, email address and query) when we provide customer support services by phone, email or within the App.
• Use of the Services: We may monitor use of the App by our customers’ authorized users in order to detect, investigate or prevent any actual or potential violation of our Terms of Use. We may also generate aggregated data and use such information to monitor the performance, use and stability of the App and to assist our customers in improving services such as efficiency of patient care.

Information We Collect and Use through our Website and other Interactions

• Inquiries: If you contact us with an inquiry, you may provide us with information that identifies you, such as your name, address and telephone number, along with additional information we need to help us promptly answer your inquiry. We may retain this information to assist you in the future and to improve our customer service and service offerings.
• Communications/Publications : We may offer you the ability to sign-up to receive Hypercare marketing and promotional communications or download a report, publication or other resources, in which case we collect certain information (such as first and last name, company name, email address or telephone number). We use this information to send you the communications you have requested to receive. We may also communicate with you regarding any aspect of your account or corresponding services. You can opt-out of receiving promotional email from us by following the opt-out or “unsubscribe” instructions provided in your email or other message, or by contacting us as set out below. Please note that you will continue to receive transactional and account-related electronic messages from us, such as security updates.
• Job Applications : If you apply for a job at Hypercare, you may provide us with certain Personal Information about yourself, such as information contained in a resume, cover letter, or similar employment-related materials. We may also collect Personal Information contained in your social media profiles, blog, website or portfolio. We use this information for the purpose of processing and responding to your application and assessing your suitability for current and future career opportunities.
• Feedback : We may collect and use customer feedback about our Services to better understand our customers and enhance our service offerings.

Sharing of Personal Information

As a matter of practice, Hypercare does not disclose, trade, rent, sell or otherwise transfer your Personal Information, except as set out in this Privacy Policy or as required or permitted by applicable law and by policies set out by the customer (e.g. hospital).

We may transfer or disclose Personal Information as follows:

• Information regarding Authorized Users’ Availability : Some of your information may be disclosed to other users of the App, such as your first and last name, telephone number, job title, your work schedule, and your affiliated organizations. This information is shared in order to allow authorized users of the App to determine whether another authorized user is on duty during a particular shift.
• Service Providers : In connection with our Website, App or Services, we may transfer (or otherwise make available) Personal Information to third parties (including cloud-based service providers) that provide services on our behalf. For example, we may use service providers to host our Website, store data and provide back-up services, provider customer support services, process customer payments, provide data analytics services, conduct surveys or obtain customer feedback. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their own marketing or other purposes.

Personal Information may be maintained and processed by Hypercare or its third- party service providers in the United States and Canada. For more information about the way in which our service providers treat Personal Information, contact us as set out in the “Contacting Hypercare” section below.

• Sale of Business : Hypercare may transfer Personal Information as an asset in connection with a prospective or completed merger or sale (including transfers made as part of insolvency or bankruptcy proceeding) involving all or part of Hypercare or as part of a corporate reorganization or other change in corporate control.
• Legal : Hypercare and our Canadian, US and other service providers and affiliates may disclose your Personal Information in response to a search warrant or other legally valid inquiry or order (which may include lawful access by Canadian, US or other foreign governmental authorities, courts or law enforcement agencies), to other organizations in the case of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise required or permitted by applicable Canadian, US or other law. Where a disclosure of our customers’ information is required by applicable law, we promptly notify our customer prior to complying with such requirements (to the extent we are not prohibited from doing so) and fully cooperate with our customer’s instructions with respect to our response.

Website Information and Analytics

Visiting our Website: Hypercare collects usage information from authorized users of our Services. For instance, we collect the IP (Internet protocol) addresses of all visitors to our Website and other related information such as page requests, browser type, operating system and average time spent on our Website. We use this information to help us understand our Website activity, and to monitor and improve our Website. Usage information and data could include but is not limited to the user’s device type, device identifier, IP address, browser type, operating system, duration of use, number of messages sent or received, and times at which the App was accessed and used.

In addition, Hypercare will collect aggregate data about a group or category of services or users. This information, as well as the Personal Information collected, enables Hypercare to analyze trends, administer Hypercare’s Services, troubleshoot, enhance and improve Hypercare’s Services.

Cookies : Our Website uses a technology called “cookies”. A cookie is a tiny element of data that our Website sends to a user’s browser, which may then be stored on the user’s hard drive so that we can recognize the user’s computer or device when they return. Cookies may provide us and our service providers with information that we will use to personalize our Website in accordance with a user’s preferences. You may set your browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our Website, you may not be able to take advantage of all of the Website features.

We may also use a third party to help us gather and analyze information about the areas that users visit on the Website to evaluate and improve the customer experience and the convenience of the Website.

Third Party Links: Our Website may contain links to other websites that Hypercare does not own or operate. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy policies, notices and terms of use. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat Personal Information. We encourage you to read the privacy policy of every website you visit.

Safeguards & Retention

We understand that security is a critical issue for our customers and we are committed to safeguarding the Personal Information in our custody and under our control.

We have implemented reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of Personal Information in our custody and control. Safeguarding measures to help ensure authorized access include the use of a username and a password for authentication. Every user is responsible for keeping their password and username safe. Please contact us immediately if you believe your password has been compromised or misused.

In acting as a service provider (including, in certain instances, as an electronic service provider or HINP), Hypercare enters into written services agreements with its customers, which include an appropriate description of such safeguards.

We have Personal Information retention processes designed to retain Personal Information as directed by our customers or to otherwise meet legal requirements.

Personal Information contained in communications within the App may be stored at the user’s device-level in encrypted form.

Access to Personal Information

If you provide us with your Personal Information, you may request access, updating or correction of your Personal Information (subject to limited exceptions prescribed by law) by submitting a written request to us (see “Contacting Hypercare” below). We may request certain Personal Information for the purposes of verifying your identity.

Hypercare users may access the information on their account and, should they require assistance, by contacting us. Our Chief Privacy and Security Officer’s contact information can be found below.

If we receive a request from an individual to access or update Personal Information we have obtained on behalf of a customer (e.g. a hospital or other healthcare facility) in the course of providing the Services, we will direct that individual to the relevant customer. We will assist our customers wherever possible in responding to individual access requests.

Contacting Hypercare

You may contact our Chief Privacy Officer to make enquiries regarding our privacy practices or to request access to your Personal Information. Our Chief Privacy Officer can be reached by email at privacy@hypercare.com or by mail at the following address:

Hypercare Inc., 100 College Street Suite 150, Toronto, Ontario M5G 1L5