Privacy Policy

Effective: September 27, 2019.

What this policy covers

Your privacy is important to us and so is being transparent about what we collect and how we use, share, secure, and control information about you. This policy is intended to help you understand:

Emmetros Limited of Ontario, Canada (“Emmetros”, “we”, “our” or “us”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of our website (the “Site”) and our proprietary set of services made available through the Site or other means (the "MemorySparx Services”).

This policy also explains your choices about how we use information about you. Your choices include how you can object to certain uses of information about you and how you can access and update certain information about you. By using or accessing the MemorySparx Services, you signify your agreement with this Privacy Policy. If you do not agree with this policy, do not access or use the MemorySparx Services or interact with any other aspect of our business.

The MemorySparx Services are made available to you through an organization (for example, your employer or the organization that provides your care, your client’s care, or your loved one’s care) referred to as the “Customer”. Customer controls the contents and uses of the MemorySparx Services which are made available to you. Many of the actions relating to privacy and information described below can be requested through an “Administrator”, a representative of Customer who is named in the Members section of the Site.

Customer procures the MemorySparx Services from us in order to support the health and wellness of individuals under its care. All users of the MemorySparx Services are in some way related to an individual at the heart of the MemorySparx Services. We refer to this individual - who may be yourself, a personal connection, a professional connection, or a person under your care - as the “Care Recipient”. A Care Recipient experiences the benefits of the MemorySparx Services when members communicate and collaborate about their care and well-being within their “Care Circle” (defined as the MemorySparx Services which are shared between an authorized group of members relating to the care of the Care Recipient). This is done by sharing relevant information in the “Day”, “Life”, “Health” and “Chat” sections which refer to sets of features within a Care Circle.

We are a service provider to Customer. Customer is responsible for its decision and actions as part of the MemorySparx Services which it has procured from us. This will include administering one or more Care Circles and all activities and information provided by users added by Customer and within Customer’s Care Circles. If you have questions or requests that are not about the matters discussed in this privacy statement, including if they are about how the Customer handles personal information, please direct those questions or requests to the Administrator. Your use of the MemorySparx Services is further subject to Customer’s policies. We are not responsible for the privacy or security practices of Customer which may be different than this policy.

The Administrator is able to:

  • restrict, suspend or terminate your access to the MemorySparx Services
  • access information in and about your account
  • access or retain information stored as part of your account
  • add additional users who can access information about you and information that you add or have previously added to the MemorySparx Services
  • restrict, suspend or terminate your account access
  • restrict your ability to edit, restrict, modify or delete information

Please contact the Customer or refer to Customer’s policies for more information.

What information we collect about you.

We collect information about you through the MemorySparx Services when you provide it to us, through your use of the MemorySparx Services and when other users provide it to us as further described below. In many cases, we are generally collecting this information as a service provider to Customer rather than on our own behalf.

Information you provide through the MemorySparx Services

Account and profile information.  The MemorySparx Services collect information about you when you accept an invitation to create your account, edit your profile or update your communication settings through the MemorySparx Services. For example, you may provide or update your name or email address.  

Day, Life, Health, and Chat content.  The MemorySparx Services collect and store content that you choose to post, send, receive, and share in the Site or share with us outside of the Site. Examples of content we collect and store for the purposes of the MemorySparx Services include the photos, entries, voice and video recordings and chat messages which you add to the Day, Life, Health and Chat sections within a Care Circle.

Marketing information.  The MemorySparx Services include websites owned and operated by us where you choose to submit content to these websites. For example, you may provide content to us through our webform or an online survey. Additionally, you may choose to provide content to us at a tradeshow or another marketing event.

Feedback.  The MemorySparx Services include any interviews where you communicate directly with us or respond to surveys for the purpose of providing your feedback.

Support content.  The MemorySparx Services include our customer support services where you choose to submit information regarding a problem you are experiencing with the MemorySparx Services. Whether you speak to one of our representatives directly or otherwise engage with our support team, you may be asked to provide contact information, a summary of the problem you are experiencing and other documentation, screenshots or information that may be helpful in resolving the issue.

Information we collect automatically when you use the MemorySparx Services

Your use of the MemorySparx Services.  We collect information about you when you interact with the MemorySparx Services; for example, which features you use, the actions you take with these features (e.g., view, add, edit, delete) and the frequencies of your interactions.

Device and connection information.  We collect information about your computer, phone, tablet, or other devices that you use to access the Site; for example, your connection type and settings. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, device identifiers and crash data. How much of this information we collect depends on the type and settings of the device you use to access the Site. 

Cookies and other tracking information.  We use cookies, crash reports, and other tracking technologies (e.g., web beacons, device identifiers and pixels) to provide functionality and to recognize you across different MemorySparx Services. Some of this information might personally identify you; for example, your name or email address. Most of the information collected by tracking technology is anonymous (e.g., the number of visitors to a webpage).

Information we receive from other users of the MemorySparx Services

Account and profile information.  Other users of the MemorySparx Services may provide information about you when they create your account or an invitation to create an account.  For example, the Administrator may provide your name and email address in order to send an invitation to you. If you are a Care Recipient, other users of the MemorySparx Services may provide information about you when they create a Care Circle or update your profile.  For example, the Administrator may create a Care Circle in your name.

Day, Life, Health, and Chat content.  Other members of a Care Circle may provide information about you when they submit content to Day, Life, Health or Chat sections. For example, another member may mention you in a Day entry, voice recording, or a message in Chat or add your image in a photo or video recording in Life. Members of a Care Circle may only provide information according to permissions that are assigned to them. For example, a member may have permission to add content within Day and Life but may not add content within Health and Chat.

How we use information we collect.

How we use the information we collect depends on which MemorySparx Services you use, how you use them and any preferences which you have communicated to us. We are generally using this information as a service provider to the Customer rather than on our own behalf. Below are the specific purposes for which we use the information we collect about you.

To provide the MemorySparx Services and enhance care experiences.  We use information about you to provide the MemorySparx Services; for example to authenticate you when you log in, display content and provide you with support. For example, your name may appear in Day, Life, Health and Chat sections in a Care Circle in order to identify you to other members. 

We encourage you to actively add and access content in Day, Life, Health and Chat sections in a Care Circle in order to support the care and wellness of the Care Recipient. When people who care for the Care Recipient know more about that person, such as their likes and dislikes, personal history and health status, then they can offer better care. When the people who care about the Care Recipient have better visibility into their care and wellness, such as their daily activities and updates on their well-being, then they can better participate in care. You are providing us with this information or this information is being provided on your behalf to enhance the care and wellness of the Care Recipient.

To keep you up to date.  We use your contact information to notify you of a relevant change within the MemorySparx Services. For example, you may receive an email when a message is added to Chat or when content is added or deleted to Day, Life or Health. We do this to enhance your experience and improve your ability to collaborate effectively with others. You can control whether you receive these notifications as described below under “Opt out of communications.”

To improve the MemorySparx Services.  We are always looking for ways to make the MemorySparx Services smarter, faster, and more secure, integrated, and useful to you.  We use collective learnings from our users’ feedback and use of the MemorySparx Services to identify usage trends and patterns which inform the prioritization and design of improvements. Where we do so, we eliminate information that personally identifies you and only use the information to uncover collective insights on our users. For example, we may retain properties of your activity in Day, Life, Health and Chat and the role assigned to your account where these properties do not include the contents of any entry or personal characteristics about you. We do this in order to analyze a dataset generated from a large number of users.

To communicate with you about the MemorySparx Services.  We use your contact information to communicate with you about the MemorySparx Services. For example, we may send you an email to reset your password, provide customer support or update you with technical notices, security alerts and administrative messages. These communications are part of the MemorySparx Services and in most cases, you cannot opt out of them. If an opt out is available, you will find that option within the communication itself or in the My account screen within the Site.

To drive engagement with the MemorySparx Services and solicit feedback.  We use your contact information and information about how you use the MemorySparx Services to send communications aimed at driving engagement and maximizing what you get out of the MemorySparx Services, including information about new features and events which we think may interest you. We send communications aimed at soliciting your feedback on the MemorySparx Services in order to enhance the services for you. You can control whether you receive these communications as described below under “Opt out of communications.”

To provide you with support.  We use your information to resolve your technical issues, to respond to your requests for assistance, to analyze crash information and to repair and improve the MemorySparx Services.

For safety and security.  We use information about you and your use of the MemorySparx Services to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of our policies. 

To protect our legitimate business interests and legal rights.  Where required by law or where we believe it is necessary to protect our legal rights and interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.  

With your consent.  We use information about you where you have given us consent to do so for a specific purpose not listed above.  For example, with your consent, we may identify you in a customer story to promote the MemorySparx Services.

How we share information we collect.

Sharing with other MemorySparx Service users.  The MemorySparx Services enable users to communicate and collaborate on the care and wellness of the Care Recipient. We do this by sharing content across members via Day, Life, Health and Chat sections in a Care Circle. We offer permissions settings so that content may be shared while respecting the privacy of the Care Recipient. For example, a Care Recipient may choose that the content in the Health section of their Care Circle not be shared with a particular family member or friend. Customer is responsible for ensuring that the Care Recipient or their substitute decision maker (i) consents to creating his/her Care Circle, (ii) consents to the names of members with access, (iii) consents to the content access permissions given to members, and (iv) understands the purposes for providing consent. The Administrator or another user with permission may add or remove members and change each member’s permissions to access Health and/or Chat sections at any time. We share content through the MemorySparx Services relating to a Care Recipient across their Care Circle as per the designated permissions. We display the names of members with access to a Care Circle in the Members section of the Site.

If you are an Administrator, we may share your contact information with other MemorySparx Services users outside of the Site for the purposes of directing users’ privacy concerns, enabling account support or managing a security breach.

Sharing with an Administrator.  The MemorySparx Services require one or more Administrators to manage account information for users relating to Customer. The System Administrator or another administrator with permission can add or remove an Administrator at any time. We offer permissions settings so that the System Administrator or another Administrator with permission can change permissions for Administrators at any time. We share users’ account information through the MemorySparx Services among Administrators as per the designated permissions.

Sharing with third parties.  We may share non-personally identifying information or aggregate information with other parties, provided that such information shall not specifically identify you.  For example, we may publicly post our high-level learnings such as “Day is the most popular section among staff in a homecare business” or feedback such as “80% of members are very satisfied”.

We have entered into contracts or other binding arrangements with third parties, such as our cloud database provider, which contain appropriate restrictions and safeguards regarding privacy. We will not disclose your personally identifying information to third parties except with your consent (including as described in this privacy policy) or as may be permitted by law.

Compliance with enforcement requests and applicable laws and enforcement of our rights.  In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including law enforcement; (b) enforce our agreements, policies and Terms of Service; (c) protect the security or integrity of our products and services; (d) protect Emmetros, our customers, our users, or the public from harm or illegal activities; or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person. 

How we store and secure information we collect.

Information storage and security

We have implemented physical, organization, contractual and technological security measures in an effort to protect your personal information from loss or theft, unauthorized access, disclosure, copying, use or modification and to maintain the availability of the MemorySparx Services. We invite you to read our Security Overview that highlights some of our safeguards. Although we have implemented these safeguards, no security system is impenetrable and we cannot guarantee that your data, while being transmitted through the internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others. Your personal information and other data may be lost during transmission or may be accessed by unauthorized parties.  We do not accept any liability for direct or indirect losses as regards the security of your personal information during its transfer via the Internet. 

How long we keep information

How long we keep the information that we collect about you depends on the type of information as described in further detail below. After such time, we will either delete your information from our primary database or, if this is not possible because of legal obligations or agreements made with Customer, we will isolate it from any further use until deletion is possible according to legal or Customer obligations. Following deletion from our primary database, information may be retained in a backup storage system for a limited amount of time.

Account and profile information.  We retain your account information (e.g., your name, email address, organization where you work) for as long as we have an active agreement with Customer. When our active agreement with Customer terminates, we promptly delete your account information from our primary database.

Day, Life, Health, and Chat content.  We retain content that is added to Care Circles until the earlier of its deletion by a Customer-authorized user or the termination of active agreement with Customer. When our active agreement with Customer terminates, we promptly delete all Day, Life, Health, and Chat content for Care Circles under control of Customer. You may have permission to delete content through the Site. Content that is deleted through the Site is deleted from our primary database immediately.

Marketing information.  We retain content that you provide to us via webforms, trade shows or other interactive features, surveys or events for as long as required for the purpose for which it was collected, or such longer period as may be required for legal compliance purposes.

Feedback and support content.  We retain personally identifiable content that you provide to us via interviews or other mechanisms where we communicate directly with you for the purposes of providing support, soliciting feedback or collecting content that may be added to the MemorySparx Services – but only as minimally necessary for serving the purpose for collecting that content, at which point the content is anonymized or destroyed. 

How to access and control your information.

You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations.

Customer and user choicesAs we are a service provider to Customer, Customer has control and rights to all information that is added through your account and content in Care Circles that they manage. Customer may view, edit, delete, restrict, or export any of this information or content at any time. If you wish to access, correct, delete, restrict, or export any account information or Care Circle content, you may contact the Administrator. We may execute these requests when requested by an authorized representative of the Customer. We may require up to five (5) business days to execute these requests.

Care Recipient choices.  If you are a Care Recipient, we do not collect consent from you. Customer gets your knowledgeable consent prior to the collection, use or disclosure of information. By way of the Terms of Service for Customers, the Customer agrees to maintain your consent to allow us to provision a Care Circle relating to you, and to allow the authorized members of your Care Circle to have access to current and future information pertaining to you according to designated permissions. You can see a list of members at any time through the Members screen in your account or the account of any member who has access to your Care Circle. You can request that members be added or removed from your Care Circle or that their permissions be changed at any time by contacting the Administrator. For example, you can request to restrict a member from accessing content within the Health section of your Care Circle. Your substitute decision maker can exercise these rights on your behalf when he/she has the legal right to do so.

We do not take any responsibility for any consequences of Customer not maintaining consents, of you failing to provide accurate information to the MemorySparx Services or of you failing to keep it up to date.

Information requests and choices may be limited in certain cases; for example, if fulfilling a request would reveal information about another person or if you ask to perform an action which is permitted by law.

Access, update or correct your information.  The MemorySparx Services give you the ability to access and update certain information from within the Site. For example, you can access and update your name and email address information from the My account screen within the Site. If you are not able to access and update information, you may contact the Administrator who can access and update your information on your behalf.  

Deactivate your account.  If you no longer wish to use the MemorySparx Services, you may request to deactivate your account at any time. You can do so by contacting the Administrator. Once your account is inactive, account information and content is retained according to ‘How long we keep information’ above.

Deactivate your Care Circle.  If you are a Care Recipient or his/her substitute decision maker, you can request to deactivate your Care Circle at any time. You can do so by contacting the Administrator. Deactivating your Care Circle means that access to the content of your Care Circle is removed for all members. Once your Care Circle is inactive, account information and content is retained according to ‘How long we keep information’ above.

Opt out of communications.  You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, updating your email preferences within the My account screen in the Site or by contacting us as at support@memorysparx.com.  Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding the MemorySparx Services.

Turn off cookie controls.  You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able use all portions or functionalities of the Site.

Send “Do Not Track” signals.  The Site does not have the capability to respond to “Do Not Track” signals received from various web browsers.

How we transfer information we collect internationally.

We use professionally-managed services which store data in secure storage facilities that are located in Quebec, Canada. Backup storage facilities are located in Ireland. We may process your information outside the country where you live. By using the MemorySparx Services, you consent to the transfer of information outside the country you live in. You understand that if your information is processed in a foreign country, it may be accessible to law enforcement and national security authorities within that jurisdiction.

Other important privacy information.

Links to third-party sites

The Site may include links that direct you to other websites or services whose privacy practices may differ from ours. If you submit information to any of those third-party sites, your information is governed by their privacy policies, not this one. We encourage you to carefully read the privacy policy of any website you visit.

Our policy towards children

The MemorySparx Services are designed for those 13 years of age and older. We do not knowingly collect information from anyone under the age of 13. If we become aware that we have received such information or any information in violation of our policy, we will use reasonable efforts to delete such information. No part of the MemorySparx Services is designed with the purpose of attracting any person under the age of 13.

Changes to our Privacy Policy

We may change this Privacy Policy from time to time by posting the modified Privacy Policy on our website www.memorysparx.com/legal. The updated Privacy Policy will specify the effective date of the modifications. We encourage you to periodically review the website for the latest information on our privacy practices and the ways you can help protect your privacy. If you disagree with any changes to this Privacy Policy, you need to cease using the MemorySparx Services and deactivate your account, as outlined above.

Governance

This Privacy Policy shall in all respects be governed by Canadian substantive law. Any dispute arising out of or in connection with this Privacy Policy shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada, and you consent to such jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. 

Contact Us

If you have questions or concerns about this Privacy Policy, or if you wish to access or correct any personal information that is under Emmetros’ control, please contact us by email at privacy@emmetros.com  or by mail at:

Emmetros Limited
Accelerator Centre, West Entrance
295 Hagey Blvd.
Waterloo, ON, N2L 6R5
Canada

Please note that most of the personal information processed by Emmetros is handled on behalf of the Customer. Emmetros cannot respond to requests for access or correction to that information, and you should contact the Customer that is associated with your account regarding such matters.