LAST CHANGED: June 28, 2020

TERMS APPLICABLE TO ALL USERS

Section 1
1. Introduction

YOUR USE OF THIS WEB SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

Your use of the Web site will be deemed to be acceptance of the Terms of Use, Section 1

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE.

You may print a copy of these Terms of Use for your records at any time by using the "print" function on your internet browser.

These Terms of Use ("Legal Terms") describe the terms and conditions applicable to your access and use of this Web site, which is owned, operated and controlled by The Health Plan Inc., ("The Health Plan", "we", "us", or "our"). The Health Plan does business as The Health Plan Inc. and its affiliates.

The Health Plan may, at any time, for any reason and without notice, make changes to (i) this Web site, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Web site. Any modifications will take effect when posted to the Web site. Therefore, each time you access the Web site, you need to review the Legal Terms upon which access and use of this Web site is conditioned. By your continuing use of the Web site after changes are posted, you will be deemed to have accepted such changes.

This Web site ("Web site") is directed to those individuals and entities located in Canada. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Web site and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Web site. The Health Plan makes no representation that the information, opinions, advice or other content on the Web site (collectively, "Content") is appropriate or that its products and services are available outside of Canada. Those who choose to access this Web site from other locations do so at their own risk and are responsible for compliance with applicable local laws.


2. Scope of Use and User E-Mail

You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Web site for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Web site, or the design or layout of the Web site or individual sections of it, in any form or media. The systematic retrieval of data from the Web site is also prohibited.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Internet privacy statement at Section 4 in these Legal Terms. You agree not to submit or transmit any e-mails or materials through the Web site that (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. The Health Plan shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Legal Terms, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Web site without the prior written consent of The Health Plan is strictly prohibited.

3. Copyrights and Trademarks

The Web site is protected by copyright as a collective work and/or compilation, pursuant to Canadian copyright laws, international conventions and other laws. Unless otherwise indicated, the Content, including, but not limited to, graphic images, buttons, layout, trademarks, service marks, logos, text, and other materials contained in this Web site are the exclusive property of The Health Plan or its third party licensors. Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Web site without the prior written permission of The Health Plan. You may not use a part of this Web site on any other Web site that is connected to The Health Plan without prior written consent.

4. Privacy
The Health Plan Inc. (The Health Plan) and its affiliated companies
Privacy Statement
Maintaining the privacy of our clients has been a fundamental part of our operations since our inception. We are committed to ensuring the accuracy, confidentiality and security of the information we hold about you. This practice is more than a legal requirement to us. We feel it is our ethical obligation to you.

As a result of our efforts to ensure our compliance with the Federal Privacy Legislation, Bill C-6, we will be able to address your privacy concerns more effectively and efficiently. We assure you that the personal information we currently collect is used only to provide you with the high level of service you have come to expect from The Health Plan Inc. and its affiliated companies.

The nature of our business requires a relationship of respect with the users of our Web sites. As with other companies that maintain Internet sites, we want you to know about our Internet privacy practices. The following statement sets forth our current practices and applies to www.thehealthplan.com and any other sites that are owned, operated and controlled by The Health Plan Inc. or its affiliated companies in Canada. Changes to this Internet privacy statement may be made at any time, as described in Section 1 of the Terms of Use. 

If you have any questions or concerns about your privacy, please contact us for further information.
Our Code for the Protection of Personal Information
Introduction 

We collect two kinds of information about our Web site users: personal and non-personal information. Personal information is information that can identify an individual personally, such as name, address or product information. We collect personal information only when it is voluntarily offered and solely for purposes that are clearly identified on the Web Site. For example, if you choose to register for a newsletter, the information that is collected online is used only to facilitate your requests, process any transactions you might initiate, or update your account information.

Non-personal information is collected to track the total number of guests visiting www.thehealthplan.com or any other affiliated sites that are owned and to guide our efforts to improve the Web sites as required. To achieve these improvements, these Web site, like many Web sites, use "cookies" (a small text file placed on the user's hard drive) to facilitate site navigation, maintain quality of online service, provide additional security, and allow the customization of your access to the Web site. Cookies themselves do not enable us to access any personal information about our users; however, they do allow us to analyze use of the Web site. The "cookies" automatically collect information about your computer hardware and software, which can include browser type, access times and Internet Protocol (IP) address. The Web site does not use "cookies" to collect information for distribution to third parties for any purpose, nor does it use "cookies" to secure information from other Web sites you may visit.

We may personalize your user experience by using information about your interests to recommend other services or sites that might be of interest to you. We may also monitor user traffic patterns and site usage to help provide enhancements to our services. We may use the information the site collects to notify you about new services or special offers.

In adopting our Code for the Protection of Personal Information, what has been our accepted practice becomes our documented commitment to you.

Principles

Ten interrelated principles form the basis of The Health Plan Inc. and its affiliated companies Code for the Protection of Personal Information.

Accountability

The Health Plan Inc. and it’s affiliated companies is responsible for personal information under its control and has designated an individual who is accountable for the compliance of The Health Plan Inc. and its affiliated companies with the principles of the Code. 

Identifying Purposes

When establishing a new or enhanced client relationship, The Health Plan Inc. and its affiliated companies will identify the purposes for which personal information is collected at the time or before the information is collected.

Consent

The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except as otherwise required or permitted by law.

The Health Plan Inc. and its affiliated companies will assume that you wish us to continue to use your personal information in the same manner and for the same purposes as we have in the past. You can instruct us otherwise by notifying our Privacy Officer in writing using the form at the end of this document.

An individual may withdraw his/her consent to the collection, use or disclosure of information at any time subject to legal or contractual restrictions and reasonable notice.

Limiting Collection

The collection of personal information shall be limited to that which is necessary for the purposes identified by The Health Plan Inc. and its affiliated companies. The Health Plan Inc. and its affiliated companies shall collect personal information by fair and lawful means only.

The Health Plan Inc. and its affiliated companies may collect information from external sources, such as credit reporting agencies and income sources, identified or known to The Health Plan Inc. and its affiliated companies for these purposes. 

Limiting Use, Disclosure, and Retention

The Health Plan Inc. and its affiliated companies shall not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law. The Health Plan Inc. and its affiliated companies shall retain personal information only as long as necessary for the fulfillment of identified purposes.

Accuracy

The Health Plan Inc. and its affiliated companies shall ensure that any personal information collected and used is as accurate, complete, and up-to-date as is necessary for the purposes for which it is used. The Health Plan Inc. and its affiliated companies will generally rely on individual clients to provide updated information such as changes to the client addresses and other contact information.

Safeguards

The Health Plan Inc. and its affiliated companies shall protect all personal information retained by it by using security safeguards appropriate to the sensitivity of the personal information. The Health Plan Inc. and its affiliated companies will take the same standard of care as it takes to safeguard its own confidential information of a similar nature.

Employees of The Health Plan Inc. and its affiliated companies are individually required to abide by a Code of Conduct, including a commitment to keep an individual’s personal information in strict confidence.

Openness

The Health Plan Inc. and its affiliated companies shall make specific, understandable information about its policies and practices relating to the management of personal information readily available to individuals.

Individual Access

Upon receipt of a request in writing, The Health Plan Inc. and its affiliated companies will inform an individual of the existence, use, and disclosure of his/her personal information, and will give that individual access to that individual’s personal information retained by The Health Plan Inc. and its affiliated companies, except where the law requires or The Health Plan Inc. and its affiliated companies, with reason and with a legal right, denies access. An individual is entitled to question the accuracy and completeness of the personal information we retain and to have it amended as appropriate. An individual may be required to pay a fee for his/her request, but only if The Health Plan Inc. and its affiliated companies has informed the individual of the cost and the individual has agreed to proceed with the request.

Compliance

An individual may question the compliance of The Health Plan Inc. and its affiliated companies with the above principles. Such inquires shall be directed to:
The Health Plan Inc.
Attention: Privacy Officer
P.O. Box 133, Station A
Etobicoke, Ontario
M9C 4V2
Telephone: (905) 274-7867
Facsimile (905) 891-2604
E-mail:  Privacy.officer@thehealthplan.ca
Download a printable “Withdrawal of Consent” Form

5. Links

The Health Plan offers links to other Web sites operated by other entities either as a necessity in order to provide you access to the product or information you are interested in, or as a convenience to you in the belief that making hyperlinks available to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of those who make use of the Internet. The Health Plan makes no representation regarding the content or accuracy of any Web site that you may access through this Web site. The Health Plan does not monitor and is not responsible for the content found on other Web sites that are linked from this Web site. Inclusion of these links on The Health Plan's Web site does not imply endorsement, recommendation or sponsorship for any linked Web site or the services, products or advice described on the site. Accordingly, The Health Plan assumes no responsibility or liability for the content of any linked sites. Before entering any linked site, you should review and understand that site's privacy policy.

You may not link to this Web site without expressed written permission. If you are interested in linking to this Web site, please contact: compliance@thehealthplan.ca

6. No Warranties

The Web site, and any content, are provided to you on an “as is”, “as available” basis and without warranty of any kind whether express, statutory or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement, all of which The Health Plan and any of its directors expressly disclaims. The Health Plan , nor any of its directors, employees or other representatives do not endorse and makes no warranty as to the accuracy, completeness, currency, or reliability of the content and The Health Plan will not be liable or otherwise responsible for any failure or delay in updating the Web site. The Health Plan makes no representations or warranties that the use of the content will be uninterrupted or error-free. You are responsible for any results or other consequences of accessing the Web site and using the content, and for taking all necessary precautions to ensure that any content you may access, download or otherwise obtain is free of viruses or any other harmful components. This warranty disclaimer may be different in connection with specific products and services offered by The Health Plan or its affiliated companies.
7. Governing Law, Location and Miscellaneous

These Legal Terms shall be governed in all respects by the laws of the Province of Ontario, Canada, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Legal Terms, the Legal Terms will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

The Web site is operated by The Health Plan Inc.

8. Termination

The Health Plan may terminate the right of any user to access the Web site at any time, with or without cause, in The Health Plan absolute discretion and without notice. Any statement in the Legal Terms or elsewhere on the Web Site of specific grounds for termination of a user's right to access the Web site shall in no manner limit The Health Plan absolute right to terminate any user's access to the Web site.

9. Separate Agreements

You may have other agreements with The Health Plan. Those agreements are separate and in addition to these Legal Terms. These Legal Terms do not modify, revise or amend the terms of any other agreements you may have with The Health Plan, or with any company associated with the Health Plan Inc.