Connect With Your Health

Terms of Use & Privacy Policy

Version 1.3

Please note that Dynacare Plus is intended for informational purposes only. For advice about your test results or your medical condition, please contact your healthcare provider. Please read this Terms of Use & Privacy Policy carefully. It is a legal agreement between you and Dynacare. By using Dynacare Plus, or by clicking the accept button, you agree to be bound by this Terms of Use & Privacy policy, including all amendments made from time to time. If you do not agree to this Terms of Use & Privacy Policy, do not use Dynacare Plus.

1. No Medical Advice

Dynacare Plus is intended to provide you with access to laboratory results ordered by your healthcare provider. Dynacare Plus is not intended to provide you with any medical advice.For advice about your test results or your medical condition, ask your healthcare provider.Your healthcare provider has specialized medical training that allows him or her to understand the implications of the test results based on your specific medical history. If you do not discuss your test results with your healthcare provider, it is possible that you might misunderstand the implications of the test results. Any other health and health-related information contained within this web site is intended to be general in nature and should not be used as a substitute for a visit to your healthcare provider. Any such information which you obtain from this web site might be inappropriate for your own situation or might be misinterpreted. Dynacare assumes no responsibility for how you use the information you obtain from this site.


If you have an emergency, or need to speak to someone urgently, contact your healthcare provider or go to the nearest hospital.


Do not use the email communication options provided to you by Dynacare Plus for questions about your laboratory results. Dynacare Plus is not a substitute for appropriate and timely contact with your healthcare provider. Never change or stop any course of treatment without first consulting your healthcare provider.


Reliance on any information on Dynacare Plus is solely at your own risk.

2. USE OF Dynacare Plus

You may use Dynacare Plus for your personal, non-commercial purposes. You may not use Dynacare Plus for any other purpose. You are not permitted to make any resale, commercial or derivative use of Dynacare Plus or use any data mining, robots, or similar data gathering and extraction methods. Dynacare Plus 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.

3. CHANGES TO Dynacare Plus

Dynacare may alter, suspend, or discontinue any aspect of Dynacare Plus at any time, including the availability of any Dynacare Plus feature or content. Dynacare may also impose limits on certain features and aspects of Dynacare Plus or restrict your access to parts of or all of Dynacare Plus without notice or liability. Dynacare may discontinue or change Dynacare Plus or its availability to you at any time without notice.

4. REGISTRATION INFORMATION, USER IDS AND PASSWORDS

Your user ID and password used to access Dynacare Plus are private, and should not be used by or shared with anyone else. You are entirely responsible for all usage or activity on Dynacare Plus 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.

5. TERMINATION OR SUSPENSION OF ACCESS TO DYNACARE PLUS

Dynacare may, in its sole discretion, terminate or suspend your access to all or any part of Dynacare Plus at any time, with or without notice, for any reason, including, without limitation, breach of these Terms of Use & Privacy Policy. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or activity that may otherwise affect the enjoyment of Dynacare Plus or access to Dynacare Plus by others, may be grounds for termination of your access to all or part of Dynacare Plus at the sole discretion of Dynacare. Termination of Dynacare Plus includes deletion of your user ID, password and all related registration information and files associated with or inside your account or user profile.


If you decide to cancel or suspend your service, login to DynacarePlus.com, go to My Settings and follow the instructions to Cancel Membership. If you decide to re-instate your account on a future date and want to access your historical information, login to DynacarePlus.com with your username/email address and password and follow instructions to make an online payment. Your information (including personal information and personal health information) will be available within our systems after cancelling or suspending your service for a limited time; after which, your information will be securely deleted from our systems and cannot be recovered or restored.


If you decide to terminate your access to this service, please contact our Dynacare Plus Customer Care Team at 855.748.1115 to purge your account. Upon purging, your account will become inaccessible and an email will be sent to you confirming that we have deactivated your Dynacare Plus Account and deleted your personal health information records, and lab results on Dynacare Plus. Upon deletion, your original account with your personal information and personal health information cannot be recovered or restored.


Please visit our General Questions about Dynacare Plus section within Frequently Asked Questions for more information on account cancellation and purging.

6. OWNERSHIP OF Dynacare Plus

As between you and Dynacare, Dynacare is and will remain the sole and exclusive owner of all rights, title and interest, including copyright and all other intellectual property rights, in and to Dynacare Plus, all of the technology used by Dynacare to provide Dynacare Plus, any software provided directly or indirectly by Dynacare for your access to or use of Dynacare Plus, and all information posted by Dynacare within Dynacare Plus, 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 Dynacare Plus and in accordance with this Terms of Use & Privacy Policy. 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.

7. Trademark Notice

Dynacare Plus, www.DynacarePlus.com, www.DynacarePlus.ca, Dynacare and www.Dynacare.ca are the trademarks and service marks of Dynacare. All other trademarks, service marks and logos used in this site are the trademarks, service marks, or logos of their respective owners. Nothing on this web site should be construed as granting any license or right to use any trademark, service mark, or logo displayed on this web site without the express written permission of Dynacare or the third party that may own the trademark, service mark, or logo.

8. "AS IS" BASIS

Dynacare Plus is provided on an "as is" basis without representations, warranties or conditions of any kind, either express or implied or statutory. You expressly agree that all use of Dynacare Plus is at your sole risk.

9. WARRANTY DISCLAIMER

To the extent permitted by law, Dynacare Disclaims all representations, warranties or conditions regarding Dynacare Plus, 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 Dynacare Plus will operate error free or uninterrupted or that Dynacare Plus is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You acknowledge that Dynacare is not responsible for any interruption or suspension of Dynacare Plus, regardless of the cause of the interruption or suspension.

10. 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 Dynacare Plus, including without limitation any breach by you of these Terms of Use & Privacy policy 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.

11. Privacy and Confidentiality

Dynacare is aware of the importance of protecting your privacy and we are sensitive to handling your personal information, in particular, your personal health information, appropriately. We are committed to collecting, using and disclosing your personal information responsibly and only as required to provide our services.


We remain responsible and accountable to you 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 and Regional Privacy Officers to ensure our Privacy Policy is complied with throughout our entire company.


You are responsible for adhering to the privacy and security practices recommended by Dynacare when using Dynacare Plus. Please visit our Privacy Concerns section within Frequently Asked Questions for information on best practices to protect your personal information.

12. PERSONAL INFORMATION

Personal information is any information that identifies you, or by which your 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 your personal information, we cannot provide you with our services. We will use your personal information only for the purposes for which it is collected. By providing your personal information to us, you agree that we may use it for these purposes only. You may withdraw your consent to these uses by deactivating your Dynacare Plus account on the User Profile page, but if you do, we will not be able to continue providing the services.

13. PURPOSES FOR THE COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION

We collect, use and disclose personal information as part of Dynacare Plus 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 Dynacare Plus
  • to manage your account and provide you with customer support
  • to determine your eligibility for Dynacare Plus services
  • to perform analytics in an effort to understand and improve performance, usability, etc

We may also use information related to your usage of Dynacare Plus, on an anonymized and re-identified basis for purposes such as measuring adoption and to improve your experience, your e-mail address will only be used to send important service messages; such as user ID and password recovery, notifications about availability of your lab report, changes to your laboratory test results since you last viewed them and information about new functionality or changes to services and policies.


14. 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, your 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 your personal information for the periods prescribed by applicable rules and guidelines. These vary depending on the type of tests that we perform for you 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 Dynacare Plus.

15. 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.

16. ACCURACY OF YOUR INFORMATION

We will use our best efforts to ensure that your personal information is as accurate, complete and up-to-date as possible for the purposes that it is to be used.


If your information is not accurate, complete and/or up-to-date (e.g., current laboratory results are not available), please contact our Dynacare Plus Customer Care Team at 855.748.1115 for additional assistance.

17. 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.


Your 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 have appropriate safeguards (e.g., encryption) in place to protect personal information during transmission to and from third parties retained to support Dynacare Plus.


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.


18. COMMUNICATING WITH YOU

We are sensitive to the privacy of your health information and this is reflected in how we communicate with each other, both you and others involved in your care. We protect personal health information regardless of its format.

19. CHANGES TO THESE TERMS OF USE AND PRIVACY POLICY

Dynacare may modify this Terms of Use & Privacy policy from time to time. If you do not agree to any modifications, you should stop your use of Dynacare Plus. Your continued use of Dynacare Plus now or following the posting of notice of any changes in this Terms of Use & Privacy policy, will constitute a binding acceptance by you of this Terms of Use & Privacy policy, and any subsequent modifications. 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.

20. GOVERNING LAW AND DISPUTES

This Terms of Use & Privacy Policy is 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 Dynacare Plus or this Terms of Use & Privacy policy, 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 Dynacare Plus or this Terms of Use & Privacy policy.


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.

21. NOTICES

Dynacare may provide you with notices, including those regarding changes to this Terms of Use & Privacy policy, by postings on Dynacare Plus, or by email.

22. WAIVER

The failure of Dynacare to exercise and enforce any right or provision of this Terms of Use & Privacy policy shall not constitute a waiver of such right or provision.

23. ASSIGNMENT

You do not have the right to assign any of your rights to use Dynacare Plus or your interest in this Terms of Use & Privacy policy to anyone, and any rights you may have to your Dynacare user ID, password and user profile stored on the systems of Dynacare terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted. Dynacare has the right to assign any or all of its rights and duties under this Terms of Use & Privacy policy to any third party. At the election of Dynacare, if Dynacare' obligations hereunder are assumed by a third party, Dynacare will be relieved of any and all future liability under this Terms of Use & Privacy policy.

24. 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 Dynacare Plus or this Terms of Use & Privacy policy must be commenced within one year after such claim or cause of action arose.

25. SEVERABILITY OF TERMS

If any provision of these Terms of Use & Privacy policy is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms of Use & Privacy policy and will not affect the validity and enforceability of any remaining provisions.

26. Use of Dynacare Plus Mobile App

In addition to the Terms of Use noted above, the following shall apply to your use of the Dynacare Plus mobile app. You are deemed to accept these additional Terms of Use by downloading the Dynacare Plus mobile app (whether for iOS or Android devices):

  • The Dynacare Plus mobile app is designed as a native application for iOS and Android, and retrieves and displays data, including personal health information via API calls; as such, the mobile app does not permanently store any personally identifiable information, either locally on your tablet or smartphone, or remotely on any server.
  • The Dynacare Plus mobile app may interface with third party health and wellness apps through Apple Health Kit and Google Fit, in order to collect and access personal health information, including fitness and wellness data stored locally. We are not responsible for and do not offer any guarantees on the accuracy, currency or reliability of the information from third-party apps and/or devices. Dynacare Plus does not transmit this information from your device to Dynacare or to third-party health and wellness apps, services and devices.
  • You may choose to enable biometric authentication (e.g., Apple Touch ID or Face ID) to verify your user identity on the Dynacare Plus mobile app via a biometric mechanism on your device. If you no longer wish to authenticate via biometric mechanisms, you may choose to opt out at any point via the settings. Please visit the Frequently Asked Questions for more information about how to set up or opt out of biometric authentication.

27. OTHER THIRD PARTIES AND AFFILIATES

Dynacare Plus Services & Functionality Supported by Third Parties:


You have the option to connect your accounts from other services and may allow that service to send information (including personal information) to Dynacare Plus. In all events, we do not collect information, unless you have "allowed" for its collection and disclosure. If you decline to allow information collection, we will not collect your information unless you manually enter it into Dynacare Plus.


If you opt into optional or value-added services provided within Dynacare Plus (e.g., Password Reset via SMS or Call), Dynacare Plus may send your information (including personal information) to and have this information processed by and stored with third-party service providers. The information transmitted to our service providers will be limited to the minimum necessary to accomplish the activity or transaction. In all events, we do not transmit or share your information to a service provider unless you have initiated the activity or transaction. You can opt out from optional or value-added services within Dynacare Plus at any time, and by doing so, your information will not be shared with, processed by and stored with our service providers.


We cannot guarantee that your information will be processed and stored in Canada. However, our third parties have implemented the appropriate information handling and privacy practices and effective safeguards to protect your information. If you do not wish for your information to be processed and stored outside of Canada, please do not enrol or opt into optional or value-added services.


For example, if you choose to opt into the account recovery feature via SMS or Call, Dynacare Plus sends your telephone number to a third-party to set up this account recovery feature. Subsequently, if you attempt to recover your account through the SMS or Call method, your telephone number will be sent to the third-party to help reset your password. In both instances, the third-party will need to process and store your telephone number, and no other personal information is shared with the third party. Please visit our XXX section within Frequently Asked Questions for more information about account recovery via SMS or Call.


28. CORPORATE SPONSORED OR WORKPLACE WELLNESS PROGRAMS

You may be granted access to Dynacare Plus through your employer or employer's affiliate. You have the option to use and access Dynacare Plus as prescribed by your employer or employer's affiliate. In all events, we will not collect your personal information from your employer or employer's affiliate if you have not consented to its collection, use and disclosure through your employer or employer's affiliate.


By using Dynacare Plus you agree to the Terms of Use & Privacy Policy set out herein.


You may cancel or suspend your service at any time (See Section 5. TERMINATION OF ACCESS TO DYNACARE PLUS), and your decision to cancel or suspend your service should not impact your participation in other elements of your corporate sponsored or workplace wellness programs if it is not related to, connected to or integrated with Dynacare Plus.


Please visit our Workplace Wellness Programs section within Frequently Asked Questions for more information about Corporate Sponsored or Workplace Wellness Programs.

29. CONTACTING US

You may contact our Chief Privacy Officer to make enquiries regarding our privacy practices or to request access to your Personal Information. Our Chief Privacy Officer can be reached by email at privacyofficer@dynacare.ca.

30. COOKIES POLICY

Use of First- and Third-Party Cookies

First-party cookies on Dynacare Plus web app 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 web app's services and functionality, as well as collect and analyze information about your activities and experiences on the web app.


Purpose:

We use the cookies for a variety of purposes on the Dynacare Plus web app. Below is a list of cookie categories and intended purposes for each:

  • Essential cookies: enables Dynacare Plus 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 Dynacare Plus. Both session and persistent cookies are stored on your device to support core Dynacare Plus functionality
  • Functional cookies: collect and share information about your preferences on Dynacare Plus to customize and improve your experience on Dynacare Plus. To provide a consistent level of service, the functional cookies are persistent cookies that remembers your device over multiple visits to Dynacare Plus.
  • Analytics cookies: collect information to understand how users are using Dynacare Plus, identify opportunities to improve usability and user experience and to measure user engagement and marketing. We use first- and third-party analytics cookies to generate insights. For example, Google Analytics services that are integrated with Dynacare Plus employ third-party cookies. Third party collect and transmit anonymized data to Google servers. Google may also transfer this data collected from Dynacare Plus 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 Dynacare Plus cookies are required to take full advantage of essential features. If you block or otherwise reject cookies, you will not be able to use Dynacare Plus 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.


Use of Similar Technology

Application SDKs, third-party software development kits (e.g., code developed using the analytics library from Google's Firebase SDK), are embedded in the Dynacare Plus mobile app. These SDKs permit the collection of information about:

  • The mobile app itself
  • The activity in the mobile app (e.g., error messages, button clicked, screens the users viewed, etc.), and
  • The device that is running the mobile app (e.g., device type, device OS).

For example, Google's Firebase services that are embedded in Dynacare Plus mobile app collect and transmit anonymized data to Google servers. Google may also transfer this data collected from Dynacare Plus to third parties as required by law, or where such third parties process the information on the behalf of Google