Terms and Conditions
Last updated: October 2023
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Canada, including its provinces and territories
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Legacy Healthcare Solutions Inc.
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Legacy Healthcare Solutions Inc., accessible from https://legacyhealthcaresolutions.ca/ or https://www.legacyhealthsolutions.ca/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Personal information is information that relates to an identifiable individual.
Personal health information includes information that relates to an identifiable individual’s health, physical or mental, health history including family health history, or medical treatment.
Personnel includes both employees and subcontractors who work in healthcare facilities under assignment from Legacy Health.
Applicants include individuals who seek employment or contract work with Legacy Health, but have not yet defined a position with Legacy Health.
Overview
Legacy Healthcare Solutions Inc. is a healthcare staffing firm serving a variety of medical facilities across Ontario. This means that personal information and personal health information may be collected, used and disclosed by Legacy Healthcare Solutions Inc. and its personnel for various purposes. Given the highly sensitive nature of this information, Legacy Healthcare Solutions Inc. takes privacy and confidentiality seriously and maintains strict protocols on the collection, use, disclosure, retention, and protection of personal information and personal health information.
Legacy Healthcare Solutions Inc. complies with its legal and professional obligations related to privacy in accordance with:
● Canada’s federal privacy law, the Personal Information Protection and Electronic Documents Act (“PIPEDA”);
● Ontario’s health privacy law, the Personal Health Information Protection Act, 2004 (“PHIPA”):
● Professional obligations outlined by the regulated colleges of its staff (e.g. College of Nurses); and
● Other provincial and federal laws that apply to the personal information of clients.
All Legacy Healthcare Solutions Inc. staff members are trained on this Privacy Policy upon hire and must review on an annual basis.
All Legacy Healthcare Solutions Inc. staff members must sign a Confidentiality Agreement upon hire. A record of signing this Agreement will be maintained by Human Resources in the employee/sub-contractor’s file.
Collection, Use and Disclosure of Personal Health Information
Legacy Healthcare Solutions Inc. collects personal information and personal health information from applicants, and other third parties for the purposes of providing health care to patients. In general, Legacy Healthcare Solutions Inc. does not collect this information directly from patients or their substitute decision makers. Rather, Legacy Healthcare Solutions Inc. personnel collect personal information and personal health information from patients at health care facilities and may also share this information with other health care providers in the patient’s “circle of care”. Legacy Healthcare Solutions Inc. personnel comply with applicable privacy laws in collecting, using, and disclosing personal information and personal health information. Legacy Healthcare Solutions Inc. takes any failure to comply very seriously, and may take disciplinary action should there be any theft, loss, unauthorized access, copying, modification, use, disclosure and/or improper disposal of personal information or personal health information.
Legacy Healthcare Solutions Inc. collects the following personal information and personal health information from applicants for the purposes of recruiting, hiring, and training applicants:
● Name;
● contact information (address, phone number, email);
● payroll and banking information (including Social Insurance Number);
● health information in accordance with health care facilities’ requirements (e.g. immunization).
Legacy Healthcare Solutions Inc. collects general personal information from its clients (e.g. healthcare facilities), including contact information, positions/titles, phone numbers, email addresses, and site addresses.
Legacy Healthcare Solutions Inc. does not directly collect personal information and personal health information from the patients of its clients.
Legacy Healthcare Solutions Inc. uses personal information and personal health information for the following purposes:
● recruiting, hiring, screening, and training applicants and connecting them with healthcare facilities to fill positions;
● maintaining a list of previous applicants for future potential opportunities; and
● sending email marketing messages to new clients (e.g., maintaining leads for new clients on its various platforms).
Legacy Healthcare Solutions Inc. discloses the personal information and personal health information of applicants to its clients for the purpose of hiring them into a role (e.g. in accordance with a General Staffing Agreement).
Legacy Healthcare Solutions Inc. will not disclose personal or personal health information without consent unless required by law. For example, Legacy Health may disclose information without consent if there is a suspicion of abuse or risk of abuse; concern about risk of harm to a patient; or compelled by law, such as receiving a court subpoena or defending a complaint with a regulatory college.
Consent
Legacy Healthcare Solutions Inc. obtains consent from applicants to collect, use and disclose their personal information and personal health information as outlined above.
Legacy Healthcare Solutions Inc. personnel obtain consent from patients according to the healthcare facilities’ processes for express, written, and informed consent. Legacy Health does not directly collect, use, disclose or retain personal information or personal health information from patients.
Legacy Healthcare Solutions Inc. personnel understand that they must properly obtain consent and must answer any questions prior to commencing treatment. Should personnel or patients have any questions pertaining to consent, they may contact Legacy Health’s designated privacy contact, Peter St. Hubert, at hr@legacyhealthsolutions.ca or (905) 291-7786.
Patients may withdraw or withhold their consent to the collection, use and disclosure of their personal or personal health information by Legacy Health, or place conditions on the disclosure of information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Withdrawal of consent to the collection, use and disclosure of personal information may impact Legacy Health’s ability to provide health care.
Security, integrity, storage and retention of client records
Legacy Healthcare Solutions Inc. is a paperless, digital business with personnel working at healthcare facilities. Legacy Healthcare Solutions Inc. internal staff members store all applicant files in a secure drive folder.
The Legacy Health website is currently hosted by Squarespace, Inc. whose privacy policy is available at: https://www.squarespace.com/privacy
Legacy Healthcare Solutions Inc. maintains applicants’ records for as long as the applicant has a relationship with Legacy Health. Legacy Healthcare Solutions Inc. collects immunization records of applicants and retains these for up to 2 years in case the applicant should apply again in the future. Legacy Healthcare Solutions Inc. notifies applicants of this practice upon collection. Once this relationship has ended, Legacy Healthcare Solutions Inc. will retain certain information for a period of 7 years after the last date of service provided for potential auditing purposes and to maintain accurate business, tax, and financial records.
All Legacy Healthcare Solutions Inc. employees use company-owned, encrypted laptops for business purposes. All communication between staff members (e.g. email, messaging) is done through Google Workspace. All staff members must log out of their computers at the end of the business day to ensure that the personal information contained on the server is protected.
Applicants, employees, and personnel have the right to request to see any personal or personal health information collected about them or their situation in their client record. Upon request, Legacy Healthcare Solutions Inc. will:
● ensure that individuals understand the contents of their file;
● change information in the file should the individual claim it is incorrect; and
● correct information in the file with any third parties who may have been given the wrong information.
Secure disposal of client records no longer needing services
Legacy Healthcare Solutions Inc. will ensure the secure disposal of electronic records no longer needing services once 7 years have passed from the completion of the relationship.
Legacy Healthcare Solutions Inc. may retain personal information longer in order to comply with specific legal requests or obligations. When personal information is no longer required, Legacy Health will ensure it is deleted.
When a staff member (owner, employee or contractor) leaves Legacy Healthcare Solutions Inc., the following measures must be taken to ensure that confidential information is not compromised:
● Email account must be cancelled immediately;
● All access to applicant information (e.g. Google Workspace) must be cancelled immediately; and
● Laptop must be returned to Legacy Health immediately.
Legacy Healthcare Solutions Inc. employees and subcontractors comply with applicable privacy laws when handling the personal information and personal health information of their clients. Legacy Healthcare Solutions Inc. takes any failure to comply very seriously, and may take disciplinary action should there be any theft, loss, unauthorized access, copying, modification, use, disclosure and/or improper disposal of personal information or personal health information.
Breach Reporting
Legacy Healthcare Solutions Inc. maintains breach procedures and recordkeeping consistent with its requirements under applicable law. For example, PIPEDA requires that we report any breach involving personal information under our control if it is reasonable in the circumstances to believe that the breach of security safeguards creates a real risk of significant harm to an individual. Further, PHIPA requires breach notification upon learning of a privacy breach.
Online activity and social media
Legacy Healthcare Solutions Inc. understands that its internal employees will use email and other online tools to fulfill their professional duties. All internal employees must act professionally when using email, and are not to disclose any patient or personal information online, including on social media sites (e.g. Facebook, Instagram, LinkedIn). This includes not publicly disclosing any association with patients, including contact information, documents, images, or any other information that may connect the patient to Legacy Health or one of its clients.
Legacy Healthcare Solutions Inc. staff members must not interact with patients through social media channels, and are personally responsible for any online activity that can be connected to Legacy Health or that can jeopardize the integrity of Legacy Health.
Legacy Healthcare Solutions Inc. reserves the right to take disciplinary action against anyone who engages in online activity that violates the law or professional rules, or otherwise reflects poorly upon or damages either the company or its clients.
Changes to this Privacy Policy
Legacy Healthcare Solutions Inc. reserves the right to modify or update this Privacy Policy from time to time to reflect changes in our business and practices. The “last modified” date will be updated to reflect the most recent version. Should there be any fundamental change to Legacy Health’s data collection or handling practices, we will notify the affected personnel, applicants, and/or clients in advance of any significant change.
How to Contact Us
You may contact us at hr@legacyhealthsolutions.ca with any questions, concerns or grievances you may have related to your personal information. We may also be reached as follows:
285 Taunton Rd E, Suite 4475
Oshawa, Ontario L1G 3V2
(905) 291-7786
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canada and other copyright laws, and is the property of Legacy Healthcare Solutions Inc. The collective work includes works that are licensed to Legacy Healthcare Solutions Inc. Copyright 2023. ALL RIGHTS RESERVED. Permission is granted to electronically print hard copy portions of this site for the sole purpose of becoming a team member or joining the network at Legacy Healthcare Solutions Inc.
You may not display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Legacy Healthcare Solutions Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All content of the products is protected by the Copyright Laws of Canada. All offenses are punished under the Department of Justice on summary conviction, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding six months or to both, or on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both (source Department of Justice Canada).
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Third-Party Links
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall 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 content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately.
Notice
Legacy Healthcare Solutions Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Legacy Healthcare Solutions Inc.
Governing Law
Your use of this site shall be governed in all respects by the laws of Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Legacy Healthcare Solutions Inc. services or products) shall be held in a Federal Court of Canada. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of services or products from Legacy Healthcare Solutions Inc.) must be commenced within one (1) year after the claim or cause of action arises. Failure by Legacy Healthcare Solutions Inc. to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Legacy Healthcare Solutions Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Legacy Healthcare Solutions Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. Legacy Healthcare Solutions Inc. may at any time revise these Terms and Conditions by updating this posting without notice to you. Each time you visit this Site, you are bound by these Terms and Conditions as they exist on the date of your visit. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound.
Indemnification
You agree to indemnify, defend, and hold harmless Legacy Healthcare Solutions Inc. , its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Questions and Feedback
We welcome your questions, comments, and concerns about privacy. Please send us all feedback pertaining to privacy, or any other issue.