Privacy Policy

Updated: September 4, 2023
WELL Digital Health Apps Inc. (“WELL”/“we”/”us”) is proud to offer you our website (www.wellhealth.ai) (the “Website”) and WELL AI Voice, a voice-enabled artificial intelligence powered application as further described in our Terms of Service (the “Application”). This Privacy Policy describes how we collect, store, use and distribute information about the healthcare practitioners who use the Application and their patients.

By using the Website or using the Application, you consent to the use of personal information as described in this Privacy Policy.

WELL’s customers are healthcare practitioners who are utilizing the Application. If you are a patient of a healthcare practitioner who uses the Application and do not wish for your personal information to be collected and used in the manner described in this Privacy Policy, you must inform the healthcare practitioner that you do not consent to the use of your personal information by the Application.

Due to the rapid evolving nature of WELL’s products, we update this privacy policy frequently. We suggest you review the privacy policy every three months to stay current.

1. What personal information do we collect, and how?

Website Access

Unless you opt-out, our website uses “Cookies” and other automatic data collection technologies with your consent to collect personal information whenever you visit or interact with the Website, including unique identifiers and preference information such as IP address, technical usage, browser type, time zone settings, language preferences, operating system, unique device identifiers, search history, page response times and length of visit, pages viewed, marketing preferences or navigation and clickstream behavior for online interactions.
These Cookies help us understand how you use the Website and interact with the content of the Website in order to make improvements. We also may use these Cookies to promote our services through marketing and advertising.
Some of the information mentioned above that are collected by Cookies can constitute personal information of the person visiting the website. You can opt-out of Cookies or prevent third-party websites from accessing our Cookies through the privacy settings on your browser. However, opting-out of our Cookies may disable some of the Website’s features, and may prevent us from providing you with the information and services you have requested.

Website Form

When you submit a form on the Website, or contact us directly via e-mail, we will collect the information provided by you like your name, e-mail, phone number, clinic/organization you work for, and any other information you may include in your message. This information will be used by us to communicate with you to provide you with the information you requested.

Direct Marketing

If you sign up to receive direct marketing or promotional communications from WELL, we will collect your name and e-mail and any other information you may provide to inform you about WELL products and services.

Application

Healthcare Practitioner Information
The Application is available for use by healthcare practitioners through a monthly subscription. Information like the healthcare practitioner’s name, electronic medical record provider, billing information, and contact details will be collected by WELL to administer their account (“Account”).
Patient Information
The Application only collects the personal information which is entered into it by the healthcare practitioners or which is recorded by the Application when it is being used by the healthcare practitioner.
As a feature of the Application is to make a summary of what was discussed during an appointment, the entire conversation between a patient and healthcare practitioner could be collected by the Application, including sensitive personal health information. The complete audio recording of a patient encounter (the “Audio File”) is used to make a text transcript of such encounter (the “Transcript”). The Audio File is then deleted and the Transcript is saved and further processed.
Besides what is provided to it directly by the healthcare practitioner, the Application does not access a healthcare practitioners’ electronic medical record or collect any information from a patient’s record without instruction from the healthcare practitioner.

2. Why do we use personal information?

Account Information
We use Account information and other information collected from the Website to:

● manage our relationship with users and provide them with the information or services requested,
● conduct research and evaluate improvements,
● communicate with you regarding inquiries for information or customer service request or employment opportunities,
● detect, prevent or investigate security breaches,
● process credit card or other payment information,
● protect our business, and
● maintain appropriate records for internal administrative purposes.

Transcripts
WELL uses machine learning algorithms and other artificial intelligence technology which need to analyze the Transcript to provide the services and improve performance. Without the ability to process the Transcript, the Application would not work as intended.
We deidentify the Transcripts and only send such deidentified Transcript to any third party as part of the Application.
As set out in WELL’s Terms of Service agreed to by healthcare practitioners, WELL reserves the right to use the Transcript in the future, not only to improve the Application’s performance.
WELL relies on the healthcare practitioners to obtain consent for the collection, use and disclosure of patient’s personal information to be used by WELL. If a healthcare practitioner does not have a patient’s consent for their personal information to be used in this manner, the healthcare practitioner must not use the Application for that patient.

3. Who do we share the personal information with?

We only share your personal information with service providers to operate the Website and the Application. This includes sharing your personal information for:

● fraud prevention,
● payment processing and notifications,
● providing requested services or information,
● operating the Website and Application, and
● customer service.

We only use service providers who ensure a comparable level of protection for your personal information, as provided in this Privacy Policy. Our contracts with our service providers ensure they comply with that obligation and not use your personal information for their own purposes.

We may have to disclose your personal information to law enforcement agencies where they demonstrate they have the legal authority to request it.

We may also disclose your personal information in connection with a corporate re-organization, amalgamation, or sale of the business (or potential sale of our business). We shall ensure that all such information disclosed as part of such process is protected in a manner consistent with this Privacy Policy.

4. How does WELL use artificial intelligence?

WELL uses a third-party artificial intelligence service provider (the “AI Service Provider”) to help provide the Application, process the Transcripts, and return a summary of the Transcript as per the Terms of Service (the “Summarized Note”). Our contract with our AI Service Provider ensures that they do not collect, use or disclose any information provided to them, except to provide the services we specifically request.

All information provided to or returned by the AI Service Provider will be kept on servers in the United States for thirty (30) days before it is deleted.

5. How long do we keep personal information?

We retain personal information and the Transcripts for as long as required to provide the services for which it was collected, otherwise, in accordance with applicable legal and regulatory requirements.

Once the Audio File is transcribed, it is securely deleted from our servers.

The AI Service Provider retains a copy of all Transcripts and the Summarized Note for thirty (30) days before securely deleting such copies from its servers.

Healthcare practitioners using the Application are required to comply with different statutory and regulatory requirements and store personal health information for a minimum length of time. This includes any Transcripts or Summarized Notes they elect to save within their own electronic medical record system. We encourage patients to speak with healthcare practitioners directly on how long they are required to store your personal information.

6. How do we keep personal information accurate?

We take reasonable steps to ensure that any personal information in our custody is accurate and up-to-date but we mostly rely on our healthcare practitioners to notify us of any changes to personal information they provided us.

7. How do we protect your personal information?

We use physical, administrative and technical measures designed to help secure personal information against accidental or unlawful loss, access or disclosure. Only staff and service providers who have a legitimate business purpose for accessing the personal information collected by us are authorized to do so. Unauthorized use of personal information by anyone affiliated with WELL is prohibited and constitutes grounds for disciplinary action.

Transcripts and Summarized Notes are encrypted both during transmission and while they’re stored.

Our contracts with our service providers require them to use administrative, physical and technical measures to protect your data. The service providers have agreed to not use the information we provide them for their own purposes.

Even though we take all necessary steps to protect your personal information, security breaches cannot be eliminated and we cannot guarantee a breach will never occur.

8) Where do we store personal information?

All personal information we collect, including the Transcripts and Summarized Notes, are stored on secure servers in Canada; however, personal information processed by our third-party service providers may be done outside of Canada.

While outside of Canada, personal information is subject to that jurisdiction’s laws, which may give governmental authorities the right to access your personal information.

Deidentified copies of the Transcripts are sent to our AI Service Provider and the returned Summarized Notes are kept by our AI Service Provider on servers in the United States for up to thirty (30) days. These may contain information which may identify you, and as such, some governmental authorities may have the ability to access patient personal information within those thirty (30) days.

For more information on our service providers or where we store personal information, contact us at privacy@well.company.

9. Links to third-party sites

Our Website may lead you to third-party websites, including websites advertising other products or services. Those organizations are separate and distinct from WELL and have their own separate privacy policies. We are not responsible for how any third-party collects, uses or discloses your personal information, so it is important to familiarize yourself with the privacy policies of these websites before providing your personal information to them.

10. Direct marketing

You may sign up to receive marketing or promotional communications from WELL. Where you have expressly consented, we may use your personal information to inform you about us and our products and our services, including promotional offers and events.

If you no longer wish to receive marketing or promotional communications from us, you can opt-out at any time by:

● using the unsubscribe feature found in our emails and other electronic communications, or
● contacting us via email at privacy@well.company

We will stop sending you marketing e-mails within 7 days of receiving your unsubscribe request.

11. Your rights

You also have the right to:

● make a written request to access your personal information,
● request us to restrict our continued use or disclosure of your personal information,
● object to our continued use or disclosure of your personal information,
● request that we edit, but not remove, certain information (like an e-mail address),
● request that we transfer to another organization the personal information you have provided us, and
● request us to delete the personal information we hold about you.

Contact us at privacy@well.company to exercise any of these rights. We will respond within thirty (30) days. If we cannot grant your request, for example if you make an access request and providing you access would disclose personal information about another person, we will give reasons.

We will address all requests with equal attention.

12. Contacting us

Accountability with respect to your personal information is important to WELL. In the event that you have any questions (including how personal information is managed by WELL), complaints or concerns about this Privacy Policy, or if you have reason to believe that we may have failed to adhere to it, please contact us by sending an email.

Questions regarding your rights and responsibilities under this Privacy Policy can be directed to our privacy officer at privacy@well.company.

If after contacting us you are still not satisfied, you have the right to file a complaint with your local privacy authority.