Personal Information that ShareSmart Collects
ShareSmart may collect the following types of personal information (“Personal Information”) from or concerning you or your mobile phone device, which may include:
User Provided Information: This includes your mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to ShareSmart when choosing to participate in various uses of the ShareSmart Service, such as registering as a user, updating your status or requesting status for your contacts. In order to provide the ShareSmart Service, ShareSmart will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other ShareSmart users (“in-network” numbers), or otherwise categorize other mobile phone numbers as “out-network” numbers, which are stored as one-way irreversibly hashed values.
When you visit the ShareSmart Site, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. ShareSmart uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the ShareSmart Site may not function properly if the ability to accept cookies is disabled.
Log File Information:
When you use the ShareSmart Site, our servers may automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the ShareSmart Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
For greater certainty, we do not collect location data, but users may voluntarily share their location with other users via the ShareSmart Service through ShareSmart Software. The contents of messages that have been delivered by the ShareSmart Service are copied, kept or archived by ShareSmart in the normal course of business pursuant to applicable health information and privacy laws. Users will have full control and use over the contents of their messages. The ShareSmart Service is meant to be a SMS replacement, using data service through a user’s phone (either via cell network or wifi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a ShareSmart user), if that recipient is online. If the recipient is not online, the undelivered message is held in ShareSmart’s server until it can be delivered. If the message is undelivered for thirty (30) days, the undelivered message is deleted from our servers. Once a message has been delivered, it resides on our servers – NorthCloud (and which may be deleted at the user’s option). The contents of any delivered messages are kept or retained by ShareSmart — the no records of the content of any delivered messages reside directly on the sender’s and recipient’s mobile devices. Notwithstanding the above, ShareSmart may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which ShareSmart is legally compelled to collect. Files that are sent through the ShareSmart Service will reside on our servers after delivery for a period of time, but are deleted and stripped of any identifiable information within a period of time in accordance with our general retention policies.
How ShareSmart Collects and Uses Personal Information
We collect and use your Personal Information for various purposes (“Purposes”), including:
To operate, maintain, and provide to you the features and functionality of the ShareSmart Site and ShareSmart Service, where:your mobile phone number is essential to your use of the ShareSmart Service and will be retained;any billing information that may be collected from you will be deleted thirty (30) days after the termination of your account with ShareSmart; any Personal Information that you voluntarily disclose on the ShareSmart Service becomes publicly available and may be collected and used by other users of the ShareSmart Service (unless such user is blocked by you); your name (as it is saved in other user’s mobile phone address book or contact list) may be displayed to other users when you update your status messages through the ShareSmart Service and other users may contact you through the ShareSmart Service; To provide non-marketing or administrative services (such as notifying you of major ShareSmart Site or ShareSmart Service changes or for customer service purposes);To improve the quality and design of the ShareSmart Site and ShareSmart Service through creating new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends; Through cookies and log information, to: remember information so that you will not have to re-enter it during your visit or the next time you use the ShareSmart Service or ShareSmart Site;provide custom, personalized content and information; monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and track your entries, submissions, views and such.
How ShareSmart Discloses Personal Information
We may disclose your Personal Information for the Purposes in the following ways:
To other users of the ShareSmart ServiceOther users may see your status submissions in a way that is consistent with the use of the ShareSmart Service. For example, a status of “Can’t talk, please SMS instead” set by phone number +1 (604) 888-8888 will be available to every user of the ShareSmart Service who has that mobile phone number in their mobile phone’s address book or contact list. In other words: If another user has your mobile phone number stored in their mobile phone address book or contact list, they will be able see your status information unless you have chosen to block such user. “Last Seen” information is available and displayed to each user who has your mobile phone number in their mobile phone address book or contact book (and which you have not blocked), and reflects the last approximate time the ShareSmart mobile application has been used or brought to the foreground on your mobile phone. “Last Seen” information is reported to ShareSmart when a user brings the mobile application to the foreground. To other non-user third partiesWe do not sell or share your Personal Information with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personal Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the ShareSmart Service.To law enforcement, government authorities and other authorized entitiesWe may collect and release your Personal Information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as Canadian Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. ShareSmart also reserves the right to disclose your Personal Information that ShareSmart believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the ShareSmart Site or our servers, and to protect the rights, property, or personal safety of ShareSmart, our users or others.
Legal Basis for Processing Your Personal Information
Duties – Users of ShareSmart
The data collected by you may concern third party individuals (“Patients”) that may not have the capacity to provide legal consent for the use of their Personal Information. You as a user of ShareSmart must collect and provide Patient’s Personal Information with the utmost care and respect and will only use ShareSmart as a tool to enable medical professionals to send images to approved recipients in order to aid in the professional medical assessment of the Patients. You are solely responsible for assessing and complying with all laws, policies and other requirements applicable to your use of ShareSmart, including health records, privacy and freedom of information laws and any applicable institution policies. In particular, as a user of the ShareSmart, you are responsible for ensuring that:
Requests for Access to and Correction of Personal Information
Applicable privacy laws allow, to varying degrees, users the right to access and/or request the correction of errors or omissions in his or her Personal Information that is in our custody or under our control. Our Privacy Officer will assist you with such an access request. This includes: Personal information under our custody or control;How this personal information under our control may be or has been used by us; and Names of any individuals and organizations to which the individual’s personal information has been disclosed.We will respond to requests within the time allowed by applicable privacy laws and will make every effort to respond as accurately and completely as possible. Any corrections made to Personal Information will be promptly sent to any organization it was disclosed to.
In certain exceptional circumstances, we may not be able to provide access to certain personal information it holds about an individual. If access cannot be provided, we will notify the individual making the request within 30 days, in writing, of the reasons for the refusal.
Our Commitment to Data Security
ShareSmart uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to ShareSmart and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the ShareSmart Service is never recommended. Once we receive your transmission of information, ShareSmart makes commercially reasonable efforts to ensure the security of our systems. For example, to protect your privacy and security, we take commercially reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile phone number and granting you access to the ShareSmart Service. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If ShareSmart learns of a security systems breach, then we will notify you electronically or post a notice on the ShareSmart Site or through the ShareSmart Service regarding the breach as required by the applicable laws. The content and delivery of the breach notification will follow the applicable laws.
Special Note to International Users
In the Event of Merger, Sale, or Bankruptcy
In the event that ShareSmart is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Contact Information for Privacy Officer
You can direct any questions or concerns regarding our compliance with this Policy and our processing of your Personal Information to our Privacy Officer by emailing [*].If you are not satisfied with our Privacy Officer’s response to your question or concern, you may be able to file a complaint under applicable privacy laws. Our Privacy Officer will provide you with the contact information to do so if requested. We strive to offer an accessible and simple complaint procedure. We will promptly investigate all complaints received, and if a complaint is justified, we will take the necessary steps to resolve the issue in question.If you are located or residing in European Union, please see here for appropriate contact information.
Changes and updates to this Privacy Notice
Election to not provide your Personal Information
You may choose not to provide us with your personal information. However, if you choose not to provide your Personal Information, you may not be able to enjoy the full range of ShareSmart Services.
Depending on the legal basis used to process your Personal Information, you may have one or more of the following rights to your personal information:· You can access your Personal Information, request us to correct your Personal Information, or request us to complete the Personal Information you believe is incomplete as permitted by GDPR, subject to applicable fees. · You may also have a right to restrict or limit the ways in which we use your Personal Information. In certain circumstances, such as those described in the ‘legitimate interests’ paragraph above in Section 2 of the Appendix, you also have the right to object to the processing of your data by us for purposes such as profiling and direct marketing.· You can request that we erase your Personal Information under certain conditions, and we will carry out this request unless GDPR allows us to keep certain information about you.· You can request for a copy of your Personal Information in an easily accessible, structured, commonly used and machine-readable format which we may charge a small fee for such service. In certain circumstances, you can also request that we transfer some of your information to third parties in such format where technically feasible. Upon your request, we will respond within 30 days, unless otherwise permitted by GDPR. Please contact our EU representative should you need any assistance in exercising any of the above rights.