Upguys Privacy Notice

OVERVIEW

Upguys is committed to ensuring our compliance with privacy legislation and protecting the personal information that we collect, use and disclose when you use our services, for example register an account, or when you visit our website (together, the “Services”).

ACCEPTANCE OF THIS PRIVACY POLICY AND CHANGES TO IT

By submitting information to us, including your personal information, you consent to the collection and use of your information by Upguys in accordance with this Privacy Notice and our Terms of Use. If you do not want Upguys to use or disclose your information in the ways described in this Privacy Notice, you should not use our Services.

Our Privacy Officer is accountable for maintaining our privacy program to ensure it complies with applicable legislation. We have based our program on the Canadian Standard Association’s Model Code for the Protection of Personal Information. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of your personal information and allowing you to request access to, and correction of, your personal information.

TYPE OF INFORMATION WE COLLECT

We may collect two types of information from you when you use Upguys Services:

1- “Personal Information” means information about an identifiable individual (including any “Personal Information” as such term is defined in the Personal Information Protection and Electronic Documents Act, Canada or the Personal Information Protection Act, British Columbia). Personal Information may include, but is not limited to, a person’s name, email address, residential address, precise geolocation information (i.e., your specific location), telephone number, date of birth, care card or provincial personal health number, medication and prescription information, information regarding allergies, medical history, gender, insurance information, payment card information, transaction history, other billing information, occupation, employment status, and in some cases, username. When signing up for health-related services or ordering prescription drugs, you may be required to provide certain physical and mental health information, including but not limited to personal and family medical history information, details of your existing medications, existence of drug allergies, medications requested and prescription information, the name of your primary medical practitioner and his or her contact information, your provincial health number and any private health benefits number or account information.

Unless the purposes for collecting personal information are obvious and you voluntarily provide your 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.

2- “Non-Personal Information” or “anonymous” information means information that cannot be used to uniquely identify an individual. For example, a number of data points can be aggregated into one data point “74% of Canadians drink coffee”.

USAGE OF YOUR INFORMATION

We may use the personal information we collect from you in the following ways:

• To create your account

• To contact you regarding your prescription and to obtain additional information
• To attempt to contact you regarding product safety or recall issues
• To contact you with updates and notifications relating to our Services. For example we use your email address to let you know about new features and upgrades
• To contact and/or connect you with another healthcare provider
• To provide technical support or respond to inquiries, when requested by the individual; and
• For internal business purposes.

We may also use non-personal information to:

• Monitor system usage, server and software performance, to improve system design, to create benchmarks and to conduct trending analyses.
• Perform statistical analyses and generate data related to how you use our website.

We may share this non-personal data with our partners, for example service providers, but the information will not identify you specifically.

CONSENT

Upguys takes a consent-based approach to the collection, use and disclosure of personal information. By giving us personal information when you use our Services, you consent to your information being collected, used, disclosed and stored by us, only as described in this Privacy Notice.

At any time after you create your profile and without penalty, you can withdraw your consent and delete your account by contacting us at [email protected]. Deleting your account permanently deletes your personal information from our active database.

You can opt-out of most email communication from us by clicking on the unsubscribe link at the bottom of our emails. As long as you are using our Services, we may still contact you for administrative purposes, for example to notify you of a change to the Services or features, a change to the Privacy Notice, or if there is a service interruption.

We may collect, use or disclose personal information without knowledge or consent in certain circumstances, including but not limited to:

• 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;
• 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.

DISCLOSURE OF INFORMATION

We will only use or disclose personal information where necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to those purposes.

We will not transfer your personal information to third parties, except for our subsidiaries, affiliates and business partners that we engage to provide services on our behalf, such as (but not limited to) web hosting services, credit card payment processing, provincial/private health plan coverage, medical practitioners and medical practitioner provider companies, pharmacy software providers, order processing and delivery, provided that such third parties have agreed to comply with legally required privacy standards and agree to use the information only for the purposes disclosed at the time of collection or for a use consistent with that purpose.

We will also provide personal information to PharmaNet (the government of BC medical insurance system) as well as your private health plan for payment of your prescription purchases. We may have the need to disclose your personal information to a third party licensed pharmacy and a prescribing medical practitioner in order to fill your prescriptions.

Notwithstanding the foregoing, we reserve the right to disclose information, including personal information, if we reasonably believe that we are required to do so by law or legal process or if we are otherwise requested by any law enforcement officer or agency acting under colour of law.

SAFEGUARDING YOUR PERSONAL INFORMATION

Upguys follows generally accepted industry security standards to safeguard and help prevent unauthorized access, maintain data security and correctly use such personal information. We take technical, contractual, administrative, and physical security steps designed to protect personal information that you provide to us. However, no commercial method of information transfer over the Internet or electronic data storage is known to be 100% secure. As a result, we cannot guarantee the absolute security of that information during its transmission or its storage in our systems.

RETENTION OF YOUR INFORMATION

We will keep your personal information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained personal information will remain subject to the terms of this Privacy Notice. If you request that your name be removed from our databases, it may not be possible to completely delete all your personal information immediately due to technological and legal constraints.

ACCOUNT SECURITY

If you access our Services, you are responsible for protecting the confidentiality of your account password and elected codes, and for restricting access to your computer, device or media system platform, and you agree to accept responsibility for all activities that occur under your account. Please notify us immediately if you detect suspected breach or misuse of your account.

ENSURING ACCURACY OF PERSONAL INFORMATION

We rely on you to ensure that the personal information you provide while using the Services is accurate, complete and up-to-date. You are welcome to make changes and request deletion or corrections to personal information at any time by updating your profile and account settings or by contacting us at [email protected]om.

LOCATION OF SERVICES

Our company is located in Canada and we use service providers located in Canada. For more information on where data is stored, please contact our Privacy Officer at [email protected].

INDIVIDUAL ACCESS

You own the information you submit to Upguys and can review, edit or remove it at any time subject to limited exceptions. Upon written request, Upguys will also provide you with a list of entities (e.g. third-party service providers) to whom we have disclosed your personal information, if applicable.

COOKIES AND OTHER TRACKING TECHNOLOGIES

We use cookies to improve your experience, to save you time, and to make it possible to navigate our website. We do not link the information we store in cookies to any personal information you submit while using our Services. You can remove cookies manually by following directions provided in your Internet browser’s "help" file. If you refuse cookies, you will not be able to use some or all of our Services, since some cookies are essential to navigation.

CHANGES TO THIS PRIVACY NOTICE

We may update this notice to reflect changes to our information practices but we will not reduce your rights under this Privacy Notice without your explicit consent. We’ll post any changes to this page and, if the changes are significant, we will provide a more prominent notice (including email notification if appropriate). We’ll also keep prior versions of this Privacy Notice in an archive for your review.

We encourage you to periodically review our Privacy Notice for the latest information on our privacy practices and to contact us if you have any questions or concerns.

QUESTIONS AND COMPLAINTS

You may send your privacy-related questions, concerns or complaints to our Privacy Officer who is responsible for ensuring our compliance with this notice and with the appropriate privacy legislation.

Privacy Officer

224 – 3989 Henning Drive

Burnaby, BC, Canada

V5C 6P8

Email: [email protected]

If our Privacy Officer is unable to resolve the concern, you may also write to the Information and Privacy Commissioner of British Columbia.

Last Updated: Jan 20, 2020