B. WHAT IS PERSONAL INFORMATION?
C. WHAT PERSONAL INFORMATION DO WE COLLECT?
We collect and maintain different types of personal information in respect of the individuals with whom we interact. This includes:
- contact and identification information, such as your name, address, telephone number, e-mail address, date of birth, and gender;
- personal information in connection with your request for certain products or services that you seek from us, including medicinal marijuana;
- additional service-related information concerning the products or services that we provide to, or receive from, you; and
- business relationship information, including information related to your agreements, preferences, advisors, and suppliers, feedback and information requested by or provided to you.
We may also collect market-related information, which may include personal information, concerning market trends and activities impacting our business. We may also collect information related to our media, investor and public relations activities, and information related to our interactions with financial and other advisors.
As a general rule, FIGR collects personal information directly from you. In most other circumstances where the personal information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you, or implied from your actions).
From time to time, we may utilize the services of third parties and may also receive personal information collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.
FIGR’s operations include activities related to: (i) operating marijuana production facilities; (ii) distributing medicinal marijuana to individuals managing certain medical conditions; (iii) conducting clinical research with respect to medicinal marijuana; and (iv) educating our stakeholders (including patients, healthcare practitioners and governments at various levels) about the benefits of medicinal marijuana. As such, FIGR may also collect personal information from individuals participating in and / or impacted by those activities.
For example, in order for you to obtain medicinal marijuana from us, we require you to provide us with: (i) a document known as a “Medical Document” from an authorized healthcare practitioner; as well as (ii) a consent form.
A Medical Document typically includes the following information: (i) your healthcare practitioner’s name, profession, business address, telephone, fax, email address, province of registration and registration number; (ii) your name, date of birth and location of consultation; and (iii) dosage information (daily quantity and period of use). Your healthcare practitioner also has the option to provide us with your diagnosis and additional comments.
A consent form, on the other hand, is required in order for us to verify the information in your Medical Document with the healthcare practitioner (who completed your Medical Document). The information that we collect through this form may include: (i) your name (and if applicable, the name of your substitute decision maker); (ii) your address, telephone, fax and email address; and (iii) the name of your healthcare practitioner.
Information we collect about health care practitioners may be used to comply with our legal and regulatory requirements, including, for example, to verify the information provided on Medical Documents. In certain circumstances, we may be required to disclose such information to the relevant licensing authority that governs the practice of a healthcare practitioner’s profession.
We may collect information related to your visit to our website, including the IP address and domain used to access our website, the type and version of your browser, the website you came from to access our website, the page you entered and exited at, any website page within our website that is viewed by that IP address and what country you are from. We may use this information to monitor our website’s performance (such as number of visits, average time spent, page views) and for our other business purposes, such as: (i) customizing certain content that we think you might like based on your usage patterns; (ii) improving our products and services; and (iii) upgrading our website.
In connection with the foregoing, we may place a “cookie” on the hard drive of your computer to track your visit. A cookie is a small data file that is transferred to your hard drive through your web browser that can only be read by the website that placed the cookie on your hard drive. The cookie acts as an identification card and allows our website to identify you and to record your passwords and preferences. The cookie allows us to track your visit to the website so that we can better understand your use of our website so that we can customize and tailor the website to better meet your needs. Most web browsers are set to accept cookies. However, on most web browsers you may change this setting to have your web browser either: (i) notify you prior to a website placing a cookie on your hard drive so that you can decide whether or not to accept the cookie; or (ii) automatically prevent the placing of a cookie on your hard drive. It should be noted that if cookies are not accepted, you may not be able to access a number of web pages found on the website.
In addition, we collect the personal information that you submit to our website, such as your name, address and any other contact or other information that you choose to provide by, for example:
- applying for a position with FIGR through our website; or
- by corresponding with a representative of FIGR via e-mail using the hyperlinks created for that purpose.
Our website may contain links to other websites that may be subject to less stringent privacy standards. If you click on a link to such a third party website, a third party may also place a cookie on your hard drive. We cannot assume any responsibility for the privacy practices, policies or actions of the third parties that operate these websites. FIGR is not responsible for how such third parties collect, use or disclose your personal information. You should review the privacy policies of these websites before providing them with personal information.
Where permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.
D. WHY DO WE COLLECT PERSONAL INFORMATION?
FIGR collects personal information to enable us to manage, maintain, and develop our operations, including for example:
- to establish, maintain and manage our relationship with you so that we may provide you with, or receive from you, the products and services that have been requested;
- to enable you to register and access an account with us;
- to be able to review the products and services that we provide to you so that we may: (i) understand your requirements for our products and services; and (ii) work to improve our products and services;
- to be able to review the products and services that we obtain from you so that we may work with you and so that you may understand our requirements for such products and services;
- to be able to comply with your requests (for example, if you prefer to be contacted at a business or residential telephone number and advise us of your preference, we will use this information to contact you at that number);
- to protect FIGR against error, fraud, theft and damage to our goods and property;
- to enable us to comply with applicable law or regulatory process; and
- any other reasonable purpose to which you consent.
FIGR collects personal information (including personal health information) in connection with the provision of health care services (“Healthcare Services”), which includes:
- dispensing medicinal marijuana to you;
- providing knowledge, information and counseling in connection with such services;
- communicating with you to advise you of health-related information and services that may be of assistance or interest to you;
- assisting physicians and other healthcare professionals as needed;
- responding to requests made by, or on behalf of, your insurance provider to review your insurance claim(s), to the extent applicable;
- recommending products, services, programs or events to manage your healthcare needs;
- managing your patient record, including medical marijuana dispensed and services provided;
- obtaining and processing payments for the medicinal marijuana dispensed to you;
- monitoring and investigating incidents and managing claims;
- if requested, referring you to other healthcare providers; and
- performing obligations in accordance with, or complying with, applicable healthcare-related professional, legal or regulatory requirements.
E. HOW DO WE USE YOUR PERSONAL INFORMATION?
We may use your personal information:
- as permitted or required by applicable law or regulatory requirements;
- for any additional purposes for which we have obtained your consent to the use or disclosure of your personal information.
We may also use information we collect about you in the aggregate for statistical purposes, for example to identify the demographics of our clients, the types of diagnoses that our clients are using medical marijuana to treat, and the types of strains that are most beneficial for different diagnoses. We may publish and/or disclose aggregate statistics to third parties but never any identifiable personal information (except in accordance with this Policy).
Please note: Our website may provide you with an opportunity to interact with others and share your thoughts, information, content and materials (collectively, “User Generated Content”). You are solely responsible for the User Generated Content that you post on our website. Unless explicitly stated otherwise, any User Generated Content that you post onto our website (including your username) will be made publicly available. As such, do not post any personal information onto our website (such as your name or address) if you wish to remain anonymous.
Finally, we may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.
F. WHEN DO WE DISCLOSE YOUR PERSONAL INFORMATION?
When we provide you with Healthcare Services, we may share your personal information (including your personal health information) with your healthcare providers (which may also be referred to as your “circle of care”) and your authorized family members. We may also share it with others but only with your consent or as otherwise permitted by law. For example, we may share your personal health information with designated individuals (e.g. parents, caregivers) who have authority to collect such information. All such sharing is done in a manner consistent with this policy.
We may share your personal information with your provincial drug benefit program, private health insurance provider, or other health claim adjudicator as necessary in order to process your claim. We may also, as required by law, provide your personal information to regulatory authorities, government bodies and/or registries.
MANAGING OUR BUSINESS
We may share your personal information with our employees, contractors, consultants, affiliates and other parties who require such information to assist us with managing our relationship with you, including: (i) third parties that provide services to us; (ii) third parties that assist FIGR in the provision of services to you; and (iii) third parties whose services we use to conduct our business.
For example, we may share your personal information from time to time with our third party information technology, data processing and payment processing service providers so that we may operate our business. As a result, your personal information may be collected, used, processed, stored or disclosed in Canada and the United States. As such, your personal information may potentially be accessible to law enforcement and national security authorities of that jurisdiction.
Your personal information may be disclosed:
- as part of an audit by the Minister of Health;
- as permitted or required by applicable law or regulatory requirements;
- to comply with valid legal processes such as search warrants, subpoenas or court orders;
- as part of the regular reporting activities of FIGR and its affiliates;
- to protect the rights and property of FIGR;
- during emergency situations or where necessary to protect the safety of a person or group of persons; and
- with your consent.
As above, Canadian law permits or requires the use or sharing of personal information without consent in specific circumstances.
G. YOUR CONSENT IS IMPORTANT TO US
It is important to us that we collect, use or disclose your personal information where we have your consent to do so. Depending on the sensitivity of the personal information, your consent may be implied, deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you enter into an agreement with us, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to the performance of that agreement and for any other purposes identified to you at the relevant time.
You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our Privacy Officer using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer.
I. HOW IS YOUR PERSONAL INFORMATION PROTECTED?
FIGR will endeavor to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to prevent your personal information from loss and unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction.
The security of your personal information is important to us, please advise our Privacy Officer immediately of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody or control.
J. UPDATING YOUR PERSONAL INFORMATION
It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please keep us informed of such changes.
In some circumstances we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.
K. ACCESS TO YOUR PERSONAL INFORMATION
You can ask to see your personal information. If you want to review, verify or correct your personal information, please contact our Privacy Officer. Please note that any such communication must be in writing.
When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you. We may charge you a fee to access your personal information; however, we will advise you of any fee in advance. If you require assistance in preparing your request, please contact our Privacy Officer.
Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. In the event that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.
L. PRIVACY OFFICER
3400 One First Canadian Place
PO Box 130, Toronto, Ontario
Attention: Privacy Officer
M. INQUIRIES OR CONCERNS?
You may potentially be able make a complaint under the Ontario Personal Health Information Protection Act to the Information and Privacy Commissioner of Ontario. If so, complete the applicable form found here:https://www.ipc.on.ca/privacy/filing-a-privacy-complaint/. If you reside in another jurisdiction, you may potentially file a complaint with the relevant authority in that jurisdiction.