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Schedule “A”
TERMS AND CONDITIONS OF USE
Acceptance of Terms and Conditions and Changes
By accessing this website, and any of its pages (the “My CancerIQ Website”), you agree to be bound by the terms and conditions ("Terms and Conditions") set out below. If you do not agree with these Terms and Conditions, immediately exit from the My CancerIQ Website and do not access any other pages.
If you have any issues and/or questions with respect to these Terms and Conditions (including the provisions concerning the protection of your privacy set out below), please contact
Ontario Health (Cancer Care Ontario)
Toll-free phone line: 1-844-523-4584 (Ontario only)
Fax: 1-866-682-9534
My CancerIQ was developed and formerly managed by Cancer Care Ontario (now part of Ontario Health). References to Ontario Health in these Terms and Conditions shall include its directors, employees, agents and other representatives.
Important Limitations of the My CancerIQ Website
The My CancerIQ Website does not predict whether you will get cancer. It estimates your chances of developing the identified types of cancer by comparing the answers you provide to data from Ontario residents who are 40 years of age and over and have not previously had cancer. If you are not from Ontario, are under 40, or have had cancer, the results will be less accurate.
The My CancerIQ Website provides personalized suggestions on ways to reduce your chances of developing cancer but following the suggestions given does not guarantee any particular result. The purpose of the My CancerIQ Website is to provide a high level understanding of cancer prevention.
All information provided on the My CancerIQ Website, including the results of the risk assessment and any suggestions on how to reduce cancer risk (the “Information”) is based on the best available current information but cancer is a complex disease and not all factors that may affect a person’s risk are known or can be measured. [The My CancerIQ website is not exhaustive and does not incorporate every known risk factor for the identified cancers]. The results of the assessment are limited to the point in time at which you complete the risk assessment.
The Information provided on the My CancerIQ Website is intended for informational purposes only. It is not intended as, and therefore should not be interpreted as, medical advice, professional diagnosis, or medical opinion and should not be relied on in any such regard.
The Information provided through the My CancerIQ Website is not a substitute for medical services. You should not use the Information in place of a consultation with your physician or other healthcare provider. Do not act or rely upon the Information without seeking the advice of a physician or other healthcare provider. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. Never disregard professional medical advice or delay in seeking it because of something you have read on the My CancerIQ Website.
The presentation of the Information on the My CancerIQ Website does not establish a physician-patient relationship between you and Ontario Health.
Protecting your Privacy
You and Ontario Health (by offering you access to the My CancerIQ Website) acknowledge that certain information provided by you to Ontario Health or disclosed to you by Ontario Health pursuant to your use of the My CancerIQ Website may constitute “personal information” as that term is defined in s. 2(1) of the Ontario Freedom of Information and Protection of Privacy Act (“FIPPA”) as amended, and its general regulation (“FIPPA Regulation”). You acknowledge that Ontario Health, as an Institution under FIPPA, has the legal authority to collect such personal information from you in accordance with s. 38(2) of FIPPA and s. 6(b)(v) of the Connecting Care Act, and that Ontario Health may use and disclose such personal information for the purpose(s) listed on the Website in respect of each applicable record containing personal information, as discussed in further detail on the pages of the My CancerIQ Website in which Ontario Health collects such personal information from you (e.g., an email address collected for the purpose of notifying you about updates to the My CancerIQ Website).
In accordance with s. 5(1) of the FIPPA Regulation, you agree that certain records containing personal information which Ontario Health collects from you will not be retained by Ontario Health, but instead will be securely destroyed by Ontario Health once they are no longer necessary to facilitate your use of the My CancerIQ Website, as discussed in further detail on the pages of the My CancerIQ Website in which Ontario Health collects such personal information from you (e.g., an email address collected solely for the purpose of sending you an electronic copy of a cancer risk assessment report will be securely destroyed once the report has been sent).
The My CancerIQ Website offers you the option to send an electronic version of your cancer risk assessment report by email. You acknowledge that Ontario Health has provided you:
the opportunity to protect the report with secure encryption (the default option for sending the email); and
reasonable notice of the risks associated with not encrypting the report, which may contain personal information.
You acknowledge that once you receive a cancer risk assessment report from Ontario Health in any format (e.g., a printed copy of a cancer risk assessment report, or an electronic version of the report saved to your computer), it is your responsibility to protect the confidentiality of any personal information contained in the report. In particular, it is your responsibility to:
store the report in a secure location (e.g., a locked cabinet, or an encrypted mobile device to which only you have access); and
destroy the report when you no longer need it (e.g., by shredding a printed copy or permanently deleting an electronic version).
You agree that if you provide your email address to Ontario Health through your use of the My CancerIQ Website, Ontario Health may share your email address with its email service providers:
- The Rocket Science Group, LLC d/b/a MailChimp (“MailChimp”), in accordance with MailChimp’s Terms of Use and Privacy Policy for its email service, Mandrill®, as set out on MailChimp’s website for Mandrill®, www.mandrill.com;
- Amazon Web Services, Inc., in accordance with AWS’s Terms of Use and Privacy Policy for its email service, Amazon SES, as set out on Amazon Web Services’ website for SES, https://aws.amazon.com/ses/
You acknowledge and agree that the information you provide as part of the feedback survey on My CancerIQ Website will be subject to SurveyMonkey’s applicable privacy policies, available at
Third Party Resources
On or through your use of the My CancerIQ Website, you may have the opportunity to access other websites or services (“Third Party Resources”) through resources, features or tools offered on the My CancerIQ Website for your convenience.
You acknowledge and agree that your use or access of any Third Party Resources is at your own risk, and you shall not make any claim against Ontario Health arising out of your use or access of any such Third Party Resources.
Ontario Health does not sponsor or endorse any Third Party Resources or the services, products, policies or practices relating to such Third Party Resources.
You acknowledge and agree that Ontario Health shall not be responsible for the services, products, policies or practices of Third Party Resources.
Limitation of Liability
WHILE CARE HAS BEEN TAKEN IN THE PREPARATION OF THE INFORMATION CONTAINED IN THE My CancerIQ WEBSITE, SUCH INFORMATION IS OBTAINED FROM A NUMBER OF SOURCES AND IS PROVIDED WITHOUT CHARGE. ANY SUCH INFORMATION IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO: QUALITY; ACCURACY; COMPLETENESS; LEGALITY; CURRENCY; RELIABILITY; EFFICACY, OR FITNESS FOR A PARTICULAR PURPOSE; UNINTERRUPTED ACCESS TO THIS WEBSITE; ERROR-FREE OPERATION OF THIS WEBSITE; AND THE ABSENCE OF COMPUTER VIRUSES AND OTHER HARMFUL COMPONENTS OR CORRUPTED DATA OR INFORMATION ON THIS WEBSITE.
Ontario Health AND ITS CONTENT PROVIDERS SHALL HAVE NO LIABILITY, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, CONTINGENT, SPECIAL OR INCIDENTAL, RELATED TO OR ARISING FROM THE INFORMATION ON THIS WEBSITE OR THE USE THEREOF, WHETHER BASED ON BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), INCLUDING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, BREACH OF WARRANTY, FAILURE OF ESSENTIAL PURPOSE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
Ontario Health WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. Ontario Health WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF Ontario Health HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANYONE USING THE INFORMATION DOES SO AT HIS OR HER OWN RISK, AND BY USING SUCH INFORMATION AGREES TO INDEMNIFY Ontario Health AND ITS CONTENT PROVIDERS FROM ANY AND ALL LIABILITY, LOSS, INJURY, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) ARISING FROM SUCH PERSON'S USE OF THE INFORMATION ON THIS WEBSITE.
Permissible Use of Website
The My CancerIQ Website and the materials contained therein may be used for lawful purposes only.
Materials from the My CancerIQ Website may not be copied or distributed, or republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of Ontario Health, except that you may download one copy of the materials on one computer for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein.
You agree to comply with all applicable laws and regulations governing the use of the My CancerIQ Website.
Evidence of the possible use of the My CancerIQ Website for illegal purposes will be provided to law enforcement authorities.
Copyright and Trademarks
The material contained on the My CancerIQ Website is protected by Canadian and other national and international copyright, trademark and other laws.
Ontario Health retains all copyright, trademark and all other rights in all material contained on the My CancerIQ Website, including all text and graphic images. No portion of this material may be used or reproduced, other than for personal use, or distributed, transmitted or "mirrored" in any form, or by any means, without the prior written permission of Ontario Health.
Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this website may constitute trade names, registered or unregistered trademarks or service marks ("Trademarks") of Ontario Health or of third parties that are used under license. The display of Trademarks on the My CancerIQ Website does not imply the grant of any license to any other party.
Other than as expressly permitted herein or by written agreement of Ontario Health, your use of any of the Trademarks that appear on this website is prohibited. You are advised that Ontario Health will enforce its intellectual property rights to the fullest extent of the law, which may result in civil and/or criminal penalties.
Site Usage and Security
To monitor site usage and improve the quality of the My CancerIQ Website, Ontario Health gathers information about the use of the My CancerIQ Website with industry-standard website analytic software to track the number of users who visit the My CancerIQ Website and to track the number of views of particular pages, as well as to track other general statistics about the use of the website. Ontario Health does not track specific answers to questions contained in the My CancerIQ Website’s cancer risk assessment reports other than questions relating to “sex” and “age”. Ontario Health makes no effort to link any such tracked information to individuals.
Ontario Health employs safeguards to secure the information contained on and collected through the My CancerIQ Website, including your personal information. Ontario Health secures the personal information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. Personal information is protected when transmitted across insecure connections.
For site security purposes, Ontario Health uses software programs and analytic tools to monitor network traffic that identifies unauthorized attempts to upload or change information, or otherwise cause damage.
Ontario Health uses "cookies." A cookie is a set of data that is placed into the browser's application folder on your computer. The purpose of using cookies is to support the delivery of the My CancerIQ services to you.
Governing Law
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Province of Ontario, and you irrevocably attorn to the non-exclusive jurisdiction of the courts of Ontario.
Jurisdiction
Ontario Health controls and operates the My CancerIQ Website from its offices in Toronto, Ontario, Canada. Ontario Health makes no representation that materials on this website are appropriate or available for use in other jurisdictions. Anyone accessing this website from other jurisdictions assumes sole responsibility for compliance with local laws.
Miscellaneous
These Terms and Conditions constitute the entire agreement between Ontario Health and you pertaining to your use of the My CancerIQ Website. Should any provisions of the Terms and Conditions be determined to be invalid or unenforceable under any law, rule or regulation, that determination will not affect the validity or enforceability of any other provisions of these Terms and Conditions.
If you breach any provision of these Terms and Conditions or you engage in any fraudulent, abusive or otherwise illegal activity, Ontario Health may, in its sole discretion, restrict your access to the My CancerIQ Website without notice to you and without liability to you.