Our Data Privacy Policy

Notice of privacy to clients

Twig Fertility Inc. and Twig Fertility BC Ltd. (together, “Twig”, “Twig Fertility”, “we”, “our” or “us”)  is committed to protecting your personal information and your personal health information. Twig complies with the Ontario Personal Health Information Protection Act, 2004 (PHIPA), British Columbia’s Personal Information Protection Act (PIPA), and the federal Personal Information Protection and Electronic Documents Act (PIPEDA) and this privacy policy (the “Policy”) has been developed in accordance with the aforementioned privacy laws.

In British Columbia, Twig operates in accordance with the Personal Information Protection Act (PIPA), which applies to all personal information, including personal health information, collected, used, and disclosed by private sector organizations. This means that while health-specific rules under PHIPA apply in Ontario, in BC the protections for health and other personal information fall under PIPA.

This Policy tells you the ways in which we may collect, use and disclose your information and how we safeguard such information (defined below). It also describes your rights and certain obligations we have regarding the use and disclosure of your information.

We are required by law to:

  • Make sure that both your personal health information and personal information are protected.
  • Provide you with this policy outlining our legal duties and privacy practices with respect to your personal health information and personal information.

In British Columbia, although there is no statutory requirement under PIPA to do so, Twig will voluntarily follow guidance from the Office of the Information and Privacy Commissioner for BC (OIPC) and will notify affected individuals (and may notify the Commissioner) when a privacy breach poses a real risk of significant harm.

Safeguarding your personal information

At Twig, we endeavor to safeguard personal information and personal health information using methods that are appropriate to the sensitivity of the information. We make sure that only those people who need to see your personal health information and your personal information have access to the information. We maintain physical, technical and procedural safeguards which are designed to prevent your information from theft, loss and unauthorized access, copying, use, modification, disclosure or disposal. For example, physical measures include locked file cabinets, restricted access to certain facilities and restricted access to our offices. Technical safeguards include the use of passwords and limitation of access to electronic storage. Procedural safeguards include requiring all of our employees, physicians and agents to sign confidentiality agreements. In addition, all staff of Twig are required to undergo online privacy and security training.

For BC residents, if we transfer your personal information to a service provider outside Canada, this Privacy Policy serves as our notification to you at the time of collection. You will not receive a separate notice for each specific transfer. We will ensure that the service provider provides a comparable level of protection to that required under PIPA, including through contractual or other means, and provide you with contact information should you have questions about the transfer.

We use vetted and reputable third-party service providers to support our operations, including seamless appointment booking and scheduling software, paperless and cashless billing and invoicing software, communications tools, laboratory and genetic testing services, and data hosting providers. Some of these providers may store or process your personal information and/or personal health information outside Canada, including in the United States or other jurisdictions, where it may be subject to the laws of those jurisdictions. A list of representative providers and their processing locations is available upon request from our Privacy Officer. This notice serves as prior notification of such transfers, as required by applicable law.

Definition of terms

When we say “you” in this Policy, this refers to Twig’s patients or prospective patients.

When we say “we”, “our”, or “us”, this refers to Twig.

“HIC” means health information custodian.

“Information” means personal health information and personal information.

“Personal information” means information about an identifiable individual and includes information such as your name, mailing address, email address, phone number at home and work, and name of your employer. For the purposes of this Policy, “personal information” does not include “personal health information”.

“Personal health information (PHI)” means information relating to and identifying an individual, including information that concerns:

  • your physical or mental health and your family’s health history; the provision of health care to you, including your health care providers;
  • medical records including charts, diagnostic/laboratory results and other health information collected or produced while we provide you with health care services;
  • eligibility and payment for health care; and
  • your health card number

Who does the Policy apply to? 

The privacy practices described in this Policy will be followed by all healthcare professionals and employees at Twig. The applicable privacy law will be determined based on the province in which you receive care from Twig — PHIPA in Ontario or PIPA in British Columbia — along with any applicable federal privacy laws.

How we may use and disclose Information about you

The following sections describe different ways that we may collect, use and disclose your Information:

  • for the purposes described in this Policy; or
  • for any additional purposes for which we have obtained your consent to the use or disclosure of your PHI or your personal information, as applicable.

It is important that the information contained in our records is both accurate and current. If your Information happens to change during the course of our relationship, please keep us informed of such changes.

Use:

Twig may use your Information (as permitted by PHIPA, PIPA and PIPEDA) for the following purposes:

  • providing or assisting in providing you with the highest level of care and service
  • assisting in the interpretation of relevant medical test results
  • providing you with copies of your medical records
  • planning or delivering care or services, including evaluating or monitoring those services
  • purposes permitted or required by law (e.g., if legislation requires disclosure, in the case of a legal proceeding or to the governing body of any of our professionals)
  • risk management, error management or activities to improve or maintain the quality of care of Twig programs and services and its operations
  • coordinating care and/or assisting in the provision of care
  • obtaining payment
  • contacting you to arrange for your appointments and/or to respond to your inquiries
  • contacting family or a potential substitute decision maker if you are injured or unable to give consent
  • responding to your general inquiries
  • enabling us to comply with applicable law or regulatory process; and
  • any other reasonable purpose to which you consent

Marketing Communications

With your consent, Twig may provide you with occasional email updates regarding new services, promotions, relevant partner information, monthly newsletters, general clinic updates, or other information related to Twig’s services and community. We may also, with your consent, communicate via other permitted channels such as SMS or postal mail. You may withdraw your consent for marketing communications at any time by clicking “unsubscribe” in an email or contacting our Privacy Officer at privacy@twigfertility.com.

Withdrawing consent for marketing communications will not affect your access to care, the collection, use, or disclosure of your personal health information required for treatment, payment, or other purposes permitted or required by law.

Marketing communications are distinct from clinical communications, and unsubscribing from marketing emails will not stop you from receiving appointment confirmations, reminders, or other messages necessary for your care.

Disclosure

PHI may be shared with other HICs involved in your care (e.g., physician in the community or other health care practitioners who referred you to us, public hospital, pharmacy, laboratory, ultrasound clinic, or ambulance service), unless instructed otherwise by you.

We will take reasonable steps to ensure that your PHI is protected against theft, loss, and unauthorized access, use, or disclosure, and will inform you of any unauthorized access of your PHI. Your express consent will be obtained for disclosure of your personal health information to persons that are not HICs, unless the disclosure is otherwise permitted or required by law.

Ontario patients (PHIPA) – permitted or required disclosures may include:

  • To reduce or eliminate a significant risk to a person or persons.
  • To a person conducting an audit or accreditation review, as long as the person does not remove any records from Twig.
  • To a medical officer of health or public health authority for purposes of public health.
  • To the Minister of Health and Long-Term Care (“Minister”) or to another HIC to determine or provide funding for health care.
  • To an entity compiling or maintaining a registry to facilitate or improve the provision of health care.
  • To an electronic service provider that enables us to collect, use, modify, retain, or dispose of personal health information electronically.
  • To an entity authorized by PHIPA for the purpose of analysis or compiling statistical information about the management or allocation of resources for the health system.
  • To the Minister, upon request, for the purpose of monitoring or verifying claims for payment of health care.

PHI collected in Ontario will only be disclosed to a person outside Ontario in these circumstances:

  • If you consent to the disclosure.
  • The disclosure is permitted under PHIPA.
  • The person receiving the PHI performs functions comparable to the functions of certain persons to whom the disclosure in Ontario is permitted.
  • The disclosure is for health planning or health administration.
  • The information relates to health care provided in Ontario to someone who resides in another province or territory of Canada and is given to the government of that province or territory and the disclosure is made by a prescribed entity.
  • The PHI is reasonably necessary for the provision of health care (provided there are no express instructions from you not to disclose this information) or for payment in connection with the provision of health care to you.

BC patients (PIPA) – permitted or required disclosures may include:

  • To comply with a requirement or authorization of law.
  • To comply with a subpoena, warrant, court order, or other legal process.
  • To respond to an emergency that threatens the life, health, or security of an individual or the public.
  • To a person or organization for purposes related to debt collection or payment for services.
  • To an investigative body for the purposes of investigating a breach of an agreement or a contravention of law.
  • To a lawyer representing Twig.
  • Where the information is publicly available as defined by regulation.
  • Any other circumstances permitted or required under PIPA.

All patients – additional permitted disclosures:

  • To comply with our legal and regulatory requirements under the Regulated Health Professions Act and other applicable statutes.
  • We may disclose your personal health information to comply with our legal and regulatory requirements under applicable laws and statutes, or in any other situation in which you have given your express consent for the disclosure
  • Where permitted or required by applicable law or regulatory requirements, or to comply with valid legal process such as court orders.
  • During emergency situations or where necessary to protect the safety of a person or group.
  • In the event of a change in ownership of all or part of Twig, to a successor bound by appropriate agreements and required to use or disclose your information in a manner consistent with this Policy.

Interest-based online advertising and Google Analytics

Twig uses Google Analytics to collect and analyze information about the use of our website. This information relates to general website usage and does not include your personal health information.  Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

Twig has enabled the use of Demographic and Interests data which is part of Google Analytics Advertising Features. We use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers for better targeting advertisements and for marketing purposes.

You can opt-out of having made your activity on Twig available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity. You can also opt-out of the Google Analytics Advertising Features through Ads Settings, or Ad Settings for mobile apps.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

Safeguarding and storage of information

Your health records are saved as an Electronic Medical Record (EMR) which is stored with a PHIPA/PIPA compliant EMR service provider in Canada. Certain of the third party software and service providers we use may store Information outside of Canada. We have taken steps to confirm that they are handling and storing this Information with a high standard of care and security.

It is important to us that we only collect, use or disclose your Information where we have your consent, whether express or implied, to do so.

We will only collect, use or disclose your PHI outside your circle of care with your express consent or in accordance with PHIPA/PIPA. Twig will notify you as to what PHI it requires at the time of collection so it can properly deliver care to you.

Depending on the sensitivity of the personal information, your consent may be express, implied or deemed (using an opt-out mechanism). 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 accept our products or services, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to your acceptance and use of those products or services, or for other purposes identified to you at the relevant time. Deemed consent is consent we assume in the event that you do not exercise an opt-out mechanism offered to you.

Typically, we will seek your consent at the time that we collect your personal information. In some circumstances, your consent may be obtained after collection but prior to our use or disclosure of your personal information. If we plan to use or disclose your personal information for a purpose not previously identified (either in this Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure.

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.

You understand that use of technology may increase the risk of your PHI being unintentionally disclosed or intercepted by third parties. Technical failures and technological issues may result in a loss of PHI and/or delay or interruption in the delivery of data, including PHI.  Twig assumes no responsibility or liability for any technical failures or technological issues associated with delivering results.

Consent

Twig will obtain your consent to collect, use, or disclose your personal health information and personal information, except where otherwise permitted or required by law.

Ontario residents (PHIPA) – Consent may be express or implied. Express consent can be given verbally, in writing, or electronically. Implied consent may be assumed when the collection, use, or disclosure is within the “circle of care” and the purpose is obvious from the circumstances.

BC residents (PIPA) – We will obtain your express consent when the collection, use, or disclosure of your personal information is outside what a reasonable person would consider appropriate in the circumstances, or when required by law.

Types of consent

  • Express consent – You clearly agree, verbally, in writing, or electronically, to the collection, use, or disclosure of your information for a specific purpose.
  • Implied consent – May be relied upon only where it is reasonable to do so, such as when the purpose is obvious from the context (e.g., sharing information among health care providers for treatment).
  • Deemed consent – May occur when you voluntarily provide personal information for an obvious purpose and do not object, or where otherwise permitted by law.

Your express privacy consent is obtained through Twig’s Privacy Consent form, which you review and agree to before receiving care. This form is separate from any medical treatment or procedure consents and addresses only privacy and communications matters.

You may withdraw your consent at any time, subject to legal or contractual restrictions, by contacting our Privacy Officer. We will explain any potential implications of withdrawal before processing your request. Consent for marketing communications, including how to withdraw it, is described in the Marketing Communications section of this Policy.

Please note: Withdrawal of consent does not apply to personal health information that Twig is required by law or regulation to retain, such as medical records maintained for statutory or regulatory retention periods.

Retention of Records: Twig will retain patient records as required by law and professional regulations and to fulfill our own purposes for collecting personal health information. The Canadian Medical Protective Association (CMPA) and College of Physicians and Surgeons of Ontario (CPSO) advise their members to retain health records for at least 10 years from the date of last entry or, in the case of minors, 10 years from the time the patient would have reached the age of majority (age 18). The College of Physicians and Surgeons of British Columbia (CPSBC) requires non-hospital facilities to retain records for at least 16 years from the date of last entry or, in the case of minors, 16 years from the time the patient would have reached the age of majority (age 18), which exceeds the minimum of one year mandated by PIPA. There may be reasons to keep records for longer than this minimum period.

PHI that is no longer required to fulfill the identified purposes is destroyed, erased, or made anonymous safely and securely.

Your right of access: You may ask to see the Information held by Twig about you or make a formal written request to see and/or obtain a copy of your health records and the other personal information we have collected about you. We may deny or restrict your access in very limited circumstances (e.g., if the information is subject to legal privilege, it is reasonable to believe that disclosure would result in a risk of serious bodily harm to you or another person or if a provincial or federal act prohibits disclosure). Your request must be in writing, signed and dated.

We will endeavour to respond to a formal access request within 30 days, unless assembling or locating numerous pieces of information necessitates a lengthy search. We will provide written notice of the reason for the time extension and the length of the extension and will advise if there is a cost to be incurred to satisfy your access request.

Your right to correct the Information: If you believe your health records or personal information to be inaccurate or incomplete, you may request that the Information be corrected. We will make the correction if you demonstrate that the Information is inaccurate or incomplete for the purposes for which the Information is being used. We may not correct the record if it was not originally created at Twig and we do not have sufficient knowledge, expertise or authority to correct it; or if the record consists of a professional opinion or observation made in good faith about you.

At your request, we will provide written notice to third parties about the correction, to the extent reasonably possible and if the correction could reasonably be expected to have an impact on your ongoing health care or benefits, to the persons who received the incorrect information.

We are committed to maintaining the accuracy, confidentiality and security of your Information.

Changes to Twig’s privacy practices and this Policy: We may revise Twig’s privacy practices and this Policy from time to time. In addition, at any time you may request a copy of the Policy currently in effect. You may find a copy of our Privacy Policy on our website at www.twigfertility.com/privacy-policy/.

Information, questions, access or complaints
If you wish more information, access to your records or you believe that your privacy rights have not been followed as required by law or as explained in this Policy, you may file a written complaint with us. Please send it to the Twig Privacy Officer at the address provided below. If you have any questions or would like further information about this Policy, please contact:

Questions, Complaints, or Access Requests

You may contact our Privacy Officer for questions, concerns, or complaints:

Michelle Moniz, Privacy Officer
Fax: 416-987-2256
Email: privacy@twigfertility.com

You may also contact:

Ontario:
Information and Privacy Commissioner of Ontario
2 Bloor Street East, Suite 1400, Toronto, ON M4W 1A8
Toll-free: 1-800-387-0073
https://www.ipc.on.ca

British Columbia:
Office of the Information and Privacy Commissioner for BC
PO Box 9038 Stn Prov Govt, Victoria, BC V8W 9A4
Toll-free: 1-800-663-7867
https://www.oipc.bc.ca

Canada (Federal):
Office of the Privacy Commissioner of Canada
112 Kent Street, Ottawa, ON K1A 1H3
Toll-free: 1-800-282-1376
https://www.priv.gc.ca

Should there be, in a specific case, any inconsistency between this Policy and PHIPA, PIPA, or PIPEDA, whichever is applicable, this Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy law. Any interpretation of this Policy will be made by the Twig Privacy Officer. This Policy does not create or confer upon any individual any right or obligation, or impose upon Twig any rights or obligations outside of, or in addition to, any rights or obligations imposed by PHIPA, PIPA, or PIPEDA, as applicable.