Terms of Use + Privacy Policy
Dynacare-Gamma Laboratory Partnership dba Dynacare (“Dynacare”) offers specimen collection and laboratory testing services. Dynacare offers an online portal (dynacareconnects.ca) (the “Portal”) through a web browser that enables you as an end user to order specimen collection supplies from Dynacare, to request and track pick-up of tote bags containing your patient’s/customer’s specimens, and other uses as may be added by Dynacare from time to time (“Permitted Uses”).
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY, AS THEY ARE A LEGAL AGREEMENT BETWEEN YOU AND DYNACARE. BY USING THE PORTAL, OR BY CLICKING ON THE “I ACCEPT” OR SIMILAR BUTTON, YOU AGREE TO BE BOUND BY THESE TERMS, AS MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PORTAL.
IF YOU ARE DISSATISFIED WITH THESE TERMS OR ANY OTHER TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE PORTAL, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF THE PORTAL.
1. NO MEDICAL ADVICE
The Portal is not intended to provide you or your patients/customers with medical advice. For medical advice, ask a licensed healthcare provider. Dynacare assumes no responsibility for how you use the information you obtain from the Portal or from
your use of the Portal. Reliance on any information on the Portal is solely at your own risk.
2. USE OF THE PORTAL
You may use the Portal for your business purposes in connection with the Permitted Uses identified above. The Portal is intended for use by individuals who are 16 years of age or older and is not intended for use by individuals who are under 16 years
of age. You may not use the Portal for any other purpose. You will not: (a) make the Portal available to, or use the Portal for the benefit of, anyone other than yourself in respect of your customers/patients (provided that you have obtained
their express consent to act on their behalf, including without limitation to disclose their personal information to Dynacare) , (b) sell, resell, license, sublicense, distribute, make available, rent or lease the Portal (c) use the
Portal to send spam, or to store or transmit any virus, trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems,
software or data (“malicious code”), (d) interfere with or disrupt the integrity or performance of the Portal, (e) attempt to gain unauthorized access to the Portal or its related systems or networks, (f) access or use any of Dynacare’s
intellectual property except as permitted under these terms, (g) copy or make derivative works from all or any part of the Portal, or any part, feature, function or user interface of the Portal, (h) frame or mirror any part of the Portal, or otherwise
incorporate any portion of the Portal, into any product or service (i) reverse engineer the Portal, or any software used to provide it (to the extent such restriction is permitted by applicable laws), (j) access or use any part of the Portal that
is (expressly or implicitly) not intended for use by you (k) use any automation code in relation to the Portal (including without limitation any “bot” or “spider”), (l) collect or harvest any information from the Portal
in a bulk or systematic way, (m) remove, alter, or obscure any proprietary notices on the Portal, (n) probe, scan, or test the vulnerability of the Portal or any network connected to it, or breach the security or authentication measures on it
or on any network connected to it, (o) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of or visitor to the Portal, (p) take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of the Portal or any systems or networks connected to it, or (q) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message you send
to Dynacare or any other person on or through the Portal.
3. CHANGES TO THE PORTAL
Dynacare may alter, suspend, or discontinue any aspect of the Portal at any time, including without limitation the availability of any the Portal feature or content. Dynacare may also impose limits on certain features and aspects of the Portal or
restrict your access to parts of or all of the Portal without notice or liability. Dynacare may discontinue or change the Portal or its availability to you at any time without notice.
4. ACCOUNT
You must register for an account (“Account”) and with a user ID/email and password to access and use the Portal. Your user ID and password are private, and should not be used by or shared with anyone. You are
entirely responsible for all usage or activity on the Portal by users using your ID or password, including but not limited to use of your password by any third party. Dynacare will not be responsible for any unauthorized use of your user ID or password or
any charges incurred through unauthorized use. You shall request that your account be terminated when you no longer require access to the Portal for the Permitted Uses.
TERMINATION OR SUSPENSION OF ACCESS TO THE PORTAL
Dynacare may, in its sole discretion, terminate or suspend your access to all or any part of the Portal at any time, with or without notice, for any reason, including, without limitation, breach of these Terms. Without limiting the generality of the
foregoing, any fraudulent, abusive, or otherwise illegal activity, or activity that may otherwise affect the enjoyment of the Portal or access to the Portal by others, may be grounds for termination of your access to all or part of the Portal
at the sole discretion of Dynacare. Termination of the Portal may include deletion of your registration information and associated files.
5. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
As between you and Dynacare, Dynacare is and will remain the sole and exclusive owner of all rights, title and interest, including without limitation copyright and all other intellectual property rights, in and to the Portal. As between
you and Dynacare, Dynacare owns all rights, title, and interest in all of the technology used by Dynacare to provide the Portal and any software provided directly or indirectly by Dynacare for your access to or use of the Portal, as
well as all enhancements, modifications or additions thereto. You will acquire no rights whatsoever to all or any part of the foregoing except the right to access and use them as contemplated and permitted by the Portal and in accordance with
these Terms. You agree not to modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on any of the foregoing.
6. TRADEMARK NOTICE
Dynacare and its websites are the trademarks and service marks of Dynacare or their affiliates. All other trademarks, service marks and logos used on the Portal, are the trademarks, service marks, or logos of their respective owners. Nothing on the
Portal should be construed as granting any license or right to use any trademark, service mark, or logo displayed on the Portal without the express written permission of Dynacare or the third party that may own the trademark, service mark, or
logo, as applicable.
7. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
The Portal, including without limitation all content on the Portal is provided “as is” and “as available”, and may include errors, omissions, or other inaccuracies. Your use of the Portal is at your own risk. To the extent permitted by law, Dynacare disclaims all representations, warranties or conditions regarding the Portal, express or implied or statutory, including, but not limited to, implied warranties or conditions of merchantability, merchantable quality, durability, fitness for a particular purpose, title, and non-infringement. Dynacare does not represent or warrant that the Portal will operate error free or uninterrupted or that the Portal is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You acknowledge that Dynacare is not responsible for any interruption or suspension of the Portal, regardless of the cause of the interruption or suspension. Your sole and exclusive remedy for dissatisfaction with the Portal is to stop using it.
In no event will Dynacare be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary or aggravated damages, or for any loss of revenue or income
whatsoever based on any legal theory (including without limitation tort or negligence), and even if advised of the possibility of those damages.
8. INDEMNITY
You agree to defend, indemnify and hold harmless Dynacare, and its affiliates, licensees, partners and suppliers, and the directors, officers, employees, agents and representatives, from any losses, damages or claims, including
without limitation actual legal fees, which they may suffer from your activities on or use of the Portal, including without limitation any breach by you of these Terms or any charges or complaints made by other parties against you. You will
cooperate as fully as reasonably required in the defence of any claim. Dynacare reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you will remain liable
for any such claim and for the costs of defence.
9. PRIVACY AND CONFIDENTIALITY
We are aware of the importance of protecting privacy and we are sensitive to handling personal information, in particular, personal information, appropriately. We are committed to collecting, using and disclosing personal information
responsibly and only as required for the Portal (or our services). We remain responsible and accountable for the personal information we collect and hold. To this end, we have developed this Privacy Policy, trained our professional, technical
and support staff about our policies and practices and we have also appointed a Chief Privacy Officer to ensure our Privacy Policy is complied with throughout our entire company. For more information about these rights, or about our privacy practices,
please contact privacyofficer@dynacare.ca or write or call us at the phone number or address set out here: https://www.dynacare.ca/privacy.aspx.
12. PERSONAL INFORMATION
Personal information is any information that identifies an individual, or by which an individual’s identity could be deduced and includes any health-related information. Business information however (for example, your business title or business
address and business telephone number) is not considered to be personal information according to privacy legislation. Generally speaking, if we do not collect and use personal information, we cannot provide you with our services. We
will use personal information only for the purposes for which it is collected.
13. CONSENT
By providing personal information to us in connection with the Portal, you agree that we may use it for these purposes only. You may withdraw your consent to these uses by deactivating your Portal account on the User Profile page, but if you do, we will not be able to continue providing these services to you.
If you will be providing Dynacare with access to the personal information of another individual (e.g., your customers/patients) you hereby represent that you have obtained their express consent, or have the requisite authority at law, to act on their
behalf, including to disclose their personal information to Dynacare (and to its vendors and subcontractors, as applicable).
14. PURPOSES FOR THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
We collect, use and disclose personal information as part of the Portal for the following purposes:
- to deliver quality medical laboratory services to our clients
- to identify and to ensure continuous high quality service
- to enable us to contact and maintain communication with you
- to confirm your identity when you register for or access the Portal
- to manage your account and provide you with customer support
- to determine your eligibility for services
- to perform analytics in an effort to understand and improve performance, usability, etc.
We may also use information related to your usage of Services, on an anonymized and de-identified basis for purposes such as measuring adoption and to improve your experience, your e-mail address in connection with the Portal will only be used to send important service messages such as user ID and password recovery, updates regarding our services, and information about new functionality or changes to services and policies .
15. LIMITS TO COLLECTION, USE, DISCLOSURE AND RETENTION OF PERSONAL INFORMATION
We collect personal information directly from you and various sources in accordance with best practices and in compliance with our legal obligations. We will limit the collection of personal information to those purposes identified in this Policy. Similarly, personal information will not be used or disclosed for purposes other than those for which the information is collected or as required, or permitted, by law.
We will retain personal information for the periods prescribed by applicable rules and guidelines. These vary depending on the type of services that we perform or may be determined by legislative or other requirements based on the data attribute. After the expiry of these periods we will destroy, erase or
make anonymous your personal information in the Portal.
16. DESTRUCTION OF PERSONAL INFORMATION
We destroy our records (which include electronic records and hardware) in a way that protects your privacy. With respect to electronic records, at a minimum, we ensure that all information is wiped clean prior to disposal of electronic data storage
devices. Paper based records are destroyed using methods that include supervised incineration or shredding and/or bonded contractors who must adhere to contractual privacy obligations or shredding and/or bonded contractors who must adhere
to contractual privacy obligations.
17. ACCURACY OF YOUR INFORMATION
We will use our best efforts to ensure that personal information is as accurate, complete and up-to-date as possible for the purposes that it is to be used.
If any information is not accurate, complete and/or up-to-date (e.g., current laboratory results are not available), please contact our Customer Care Team at 1-888-988-1888 or by email at DynacarePharma@Dynacare.ca for additional assistance.
18. SECURITY OF YOUR PERSONAL INFORMATION
We take all reasonable precautions to ensure that your personal information is protected from loss, theft, unauthorized access, modification, use, copying, disclosure or tampering.
Information is protected whether recorded on paper or electronically. We have safeguards in place to protect all personal information retained in our facilities, and during their disposal and destruction. Our staff is also aware of the importance of maintaining the security and confidentiality of all personal information in our possession. We review and update our security measures on a regular basis.
We will not use personal information if other information, namely de-identified and/or aggregate information, will serve the purpose, and shall not collect, use or disclose more personal information than is reasonably necessary to meet
the purpose.
20. CHANGES TO THESE TERMS
Dynacare may modify these Terms from time to time. If you do not agree with any modifications to these Terms, you must stop your use of the Services. Your continued use of the Portal following the posting of notice of any changes to these Terms
will constitute binding acceptance by you of any modifications to these Terms. It is our practice to review our policies and procedures from time to time and therefore we may amend our Terms of Use & Privacy policy in the future.
21. GOVERNING LAW AND DISPUTES
These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. All disputes arising out of or in connection with the Portal or these Terms, or in respect of any defined legal relationship associated therewith or derived there from, will be referred to and finally resolved by arbitration under the rules of the Arbitration Act of Ontario. The place of arbitration will be Toronto, Ontario, Canada. The language of the arbitration will be English. Subject to mandatory arbitration so provided, you and Dynacare irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts and appellate courts of the Province of Ontario with respect to any legal action or proceeding which may be brought at any time relating in any way to the Portal or these Terms.
Some jurisdictions do not allow a consumer contract to provide for the selection of a governing law other than the law of the residence of the consumer, or to provide for the arbitration of disputes if the reference to arbitration would prevent
the consumer from exercising rights provided under consumer legislation, so one or more of the above provisions may not apply to you.
22. NOTICES
Dynacare may provide you with notices, including notices regarding changes to these Terms, by posting such notices on the Portal, or by email.
23. WAIVER
The failure of Dynacare or any of its affiliates or service providers, to exercise and enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
24. ASSIGNMENT
You do not have the right to assign any of your rights to use the Portal, or your interest in these Terms, to anyone.
25. CONTRACTUAL LIMITATION PERIOD
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or these Terms must be commenced within one year after such claim or cause of action arose.
26. SEVERABILITY OF TERMS
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
27. OTHER THIRD PARTIES AND AFFILIATES
In some instances you may have the option to connect to or access third party websites and services from the Portal (“Third Party Services”). These Third Party Services are
not under Dynacare’s control, and you acknowledge that Dynacare is not responsible for the availability of Third Party Services and do not endorse and are not responsible or liable for any Third Party Services, including
but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content or any other aspect of Third Party Services. Dynacare makes no
representations or warranties with respect to, nor does it guarantee or endorse, any Third Party Services. You further acknowledge and agree that Dynacare will not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third Party Services. Your use any Third Party Services at your own risk. Your
dealings with the provider of any Third Party Services are solely between you and the provider. If you have any issues with a Third Party Service, you must contact the provider of the Third Party Service directly.
We cannot guarantee that your information will be processed and stored in Canada.
28. Cookies Policy
Use of First- and Third-Party Cookies
First-party cookies on the Portal are delivered and set by Dynacare. We may also use third-party cookies (set by another website or service). First- and third-party cookies help us support the Portal web app's services and functionality, as well as collect and analyze information about your activities and experiences on the Portal.
Purpose :
We use cookies for a variety of purposes on the Portal. Below is a list of cookie categories and intended purposes for each:
Essential cookies : enables the Portal’s core functionality and ensures your secure access and usable navigation to our service. These cookies provide you with the appropriate experiences and features. For example, the cookies are essential to manage your session and user movement on the Portal. Both session and persistent cookies are stored on your device to support core Portal functionality
Functional cookies : collect and share information about your preferences on the Portal to customize and improve your experience on the Portal. To provide a consistent level of service, the functional cookies are persistent cookies that remembers your device over multiple visits to the Portal.
Analytics cookies : collect information to understand how users are using the Portal, identify opportunities to improve usability and user experience and to measure user engagement and marketing. We may use first- and third-party analytics cookies to generate insights. For example, Google Analytics services that are integrated with the Portal employ third-party cookies. Third party collect and transmit anonymized data to Google servers. Google may also transfer this data collected from the Portal to third parties as required by law, or where such third parties process the information on the behalf of Google. Information collected from the first-party cookies are stored, accessed and used by Dynacare, and will not be transmitted or disclosed to other parties.
Do Not Track Response :
Given that the Portal cookies are required to take full advantage of essential features, if you block or otherwise reject cookies, you will not be able to use the Portal services and features (e.g., view lab results, movement between pages, etc.). Thus, we do not respond to "do not track" signals at this time. If we do so in the future, we will modify this Cookie Policy accordingly.
29. Questions or concerns
Should you have any questions about our information practices or complaints about our compliance with privacy legislation, then please email us at privacyofficer@dynacare.ca or write or call us at the phone number or address set out here: https://www.dynacare.ca/privacy.aspx.