Effective Date: March 7, 2018

This Privacy Policy describes and governs your use of OpenXMed.com and ZenXMed.com (the “Websites”) and the OpenXMed application (the “Application”), an application-based medical information software service developed by ZenXMed (“we”, “us”, “our”) and intended to allow healthcare professionals to access medical and other information; the information we collect from you when you visit or use the Websites and Application; how we use that information; and under what circumstances we disclose it. This statement applies only to information we obtain from you when you are online while visiting or using the Websites or Application. It does not apply to information we have obtained or may obtain offline through other traditional means.

PLEASE READ THIS ENTIRE PRIVACY POLICY CAREFULLY. This Privacy Policy is incorporated into and is a part of the Website Terms and the Terms of Use.

1. The Information We Collect.
When you use the Websites or Application, we receive and collect certain information. The information we receive and collect depends on what you do when you visit the Websites or Application.

A. Automatically Collected Information.
Some information is automatically received and sometimes collected from you when you visit the Websites or Application. This information may include some or all of the following items: the name of the domain and host from which you access the Internet, including the Internet protocol (IP) address of the device you are using and/or the IP address of your Internet Service Provider; the type and version of Internet browser software you use and your operating system; the type and version of your media player(s); the date and time you access the Websites or Application, the length of your stay, and the specific pages, images, video or forms that you access while visiting the Websites or Application; and demographic information concerning the country of origin of your device and the language(s) used by it. We use this information to monitor the usage of our Websites and Application, assess performance, ensure technological compatibility with your device, and understand the relative importance of the information provided on the Websites and Application. We may also use this data to conduct statistical analyses on visitors’ usage patterns and other aggregated data.

“Cookies” are small files or records that we place in the memory of your device when you use the Websites or Application. The use of cookies is a standard practice among websites and mobile applications to collect or track information about your activities while using the website or mobile application. In some instances, we may use cookies to collect information in connection with future visits to the Websites or Application, to recognize you as a previous user, or to track your activity on our Websites and Application. We may use “session cookies” to track your actions during a particular activity session on the Websites or Application. We may also use “persistent cookies” to track and remember your preferences and actions on the Websites and Application. You do not need to have cookies turned on to visit our Websites or Application. You can refuse cookies by turning them off on your device. We collect passively tracked data primarily for purposes of administering, protecting and improving our Websites, the Application, and our systems, to better understand the preferences of our Websites and Application visitors, to identify server problems, to compile statistics about Websites and Application usage, and to help improve your experience on our Website and Application.

“Web beacons,” also known as pixel tags, clear GIFs, web bugs, or 1-pixel gifs, are transparent graphical images placed on the Website or Application, or an email communication. Web beacons may be used to allow us to collect information about your response to our e-mail communications, and for other purposes. For example, if you’ve given us permission to send you e-mails, we may send you an e-mail urging you to use a certain feature of the Websites or Application. If you do respond to that e-mail and use that feature, the web beacon will tell us that our e-mail communication with you has been successful. We do not collect any personal information with a web beacon, and do not link web beacons with any other personal information you’ve given us. Since web beacons are used in conjunction with persistent cookies (described above), if you set your device to decline or deactivate cookies, web beacons cannot function. You may stop the automatic collection of information by the Websites or Application by uninstalling the Application at any time or by not visiting the Websites.

B. Content that You Submit.
The Websites and Application allow users to upload content, including without limitation photos, videos, audio, and text. The privacy of information collected from uploaded content is discussed in Section 3 of the Application Terms of Use.

C. User Registration Information.
You may register with the Application by actively submitting personal information such as your name, address, email address, or other personal information, and by creating a username and password. The privacy of information collected from user registrations is discussed in Section 5 of the Application Terms of Use.

D. Combinations.
Unless you also actively submit personal information such as your name or address, passively tracked data does not typically allow us to identify you personally. To the extent permitted by applicable law, we reserve the right to combine passively tracked data with personal information that you actively submit.

E. Personal Information about Children.
The Websites and Application are intended for use by healthcare professionals. Accordingly we do not knowingly collect any personal information from children under the age of 13. However, we advise all visitors to our Websites and Application under the age of 13 not to disclose or provide any information on the Websites or Application. In the event that we discover that a child under the age of 13 has provided information to us, in accordance with the Children’s Online Privacy Protect Act (see the Federal Trade Commission’s website at http://www.ftc.gov/privacy/privacyinitiatives/childrens.html for more information about this Act), we will delete the child’s information from our files to the extent technologically possible.

2. How We Use and Share Information.

A. Generally.
We (and/or third party vendors acting on our behalf) will use information that we collect from you to help us personalize and improve your experience, including for example:

  • To process, complete or otherwise act upon or respond to your request or reason for submitting that information.
  • To register and/or verify you in connection with a service or feature that you are attempting to access or obtain.
  • To communicate with you about your request or reason for submitting that information.
  • To provide additional information to you about our respective services that may interest you.
  • To personalize the content and advertising that you see on the Websites and in the Application.
  • To study and analyze the use of the information and features available on our Websites and Application.
  • To assist, when necessary, in protecting our rights or property, enforcing the provisions of our Privacy Policy, the Website Terms, the Application Terms of Use, and/or preventing harm to you or others.

We do not sell your information to third parties for use outside of the App and Websites. Except where we otherwise obtain your express permission, we (and/or the third party vendors who make materials, features, products or the services available on or through the Websites or Application) share your information with third parties only under the limited circumstances stated below:

  • We may make your information available to certain third- party service providers, such as contractors, agents or sponsors, who help us manage or provide services offered on the Websites or the Application.
  • ZenXMed will abide by the United States of America and Canadian data privacy laws. We may use or disclose your personal information if required to do so by law or in the not sell your information to third parties for use outside of good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Websites or Application; (b) respond to requests from public and government authorities; (c) protect and defend our rights or property, the Websites and Application, or our users; and (d) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Websites, Application, or the public.
  • Information is subject to disclosure to protect our respective rights or property, to enforce the provisions of the Privacy Policy, the Website Terms, the Application Terms of Use, and/or to prevent harm to you or others.
  • If we sell all or part of our business, or make a sale or transfer of our assets, or are otherwise involved in a merger or transfer of all or a material part of our business, or are involved in a bankruptcy, we may transfer your information to the party or parties involved as part of that transaction.
  • If you communicate with us via email, we will share your correspondence, including any information provided in the email, with employees, representatives or agents most capable of addressing your correspondence. We will retain your communication until we have done our very best to provide you with a complete and satisfactory response and may subsequently retain your communication for our records.
  • If you are a California resident and have an established business relationship with us, California Civil Code Section 1798.93 permits you to request a notice disclosing the categories of personal information we have shared with third parties, for the third parties’ direct marketing purposes, during the preceding calendar year. To request a notice, please submit your request by using the contact information provided below.

In order to carry out certain business functions, such as e-mail delivery or marketing, or making products, features or services available through our Websites or Application, we may hire other companies to perform services on our behalf. We may disclose information that we collect about you to these companies to enable them to perform these services, but they are required to safeguard the information and are not authorized to use it for any purpose inconsistent with the purposes or uses described above.

B. Not Subject to HIPAA or Other Laws Governing Health Information.
We are not a healthcare provider and are not subject to compliance with the Health Insurance Portability and Accountability Act (HIPAA) or to other U.S. federal or state laws related to patient health information. Users are required under our Websites Terms of Use and Application Terms of Use to avoid providing individually identifiable health information (as defined by HIPAA) to the Application or Websites.

3. Security.
We are concerned about ensuring the security of your information. In connection with your use of the Websites and Application, your personal information is collected and stored in secured databases and servers. We use industry-wide, standard, commercially reasonable efforts to protect your personal information collected through the Websites and Application from access, loss, misuse, alteration, or destruction by any unauthorized party. Due to the nature of security practices (there is no 100% secured platform available in the industry), we cannot guarantee the security of our databases, nor can we guarantee that information you supply in connection with use of the Websites or Application will not be intercepted while being transmitted to us over the Internet or wireless communication. Therefore, any information you transmit to the Websites or Application is at your own risk. We do not promise, and you should not expect, that your personal information or private communications will always remain private.

4. Links to Third-party Websites.
If you access links on the Websites or Application that take you to third-party websites, you will be subject to the third parties’ privacy policies. While we support the protection of privacy on the Internet, we cannot be responsible for the actions of any third-party websites. We encourage you to read the posted Privacy Policy of any and every site you visit, whether you are linking from our Websites or Application or browsing on your own.

5. Access to and Managing Your Information.
We believe it is important for you to be able to find out what information you have provided to us through our Websites or Application. If you have provided us with information, you can contact us to request that we provide you with the information we have in our records about you. We reserve the right to limit the number of times such a request can be made and to charge you for responding to such requests if this process is misused or abused. You may contact us using the contact information provided below to inquire about your information, and to correct, amend or delete such information. We want the information we have on record about you to be as complete and accurate as possible. If you believe that any information we have in our records about you is inaccurate, incomplete or incompatible with the purposes fo which it was provided or subsequently authorized by you, please notify us using the contact information provided below.

6. What You Need to Do to Protect Your Information.
You have several options when deciding how you can best protect your information. One option is simply not to volunteer it. As stated above, this approach would allow you to still visit our Websites or Application – although it will prevent you, for example, from taking advantage of some of our Websites’ and Application’s features. The Federal Trade Commission’s Website, http://www.ftc.gov, also offers useful information about how to protect information that you provide to websites or applications.

7. What to Do About Suspected Violations of This Privacy Policy.
If at any time you believe that we or any third-party vendor who is providing a service on or through the Websites or Application has not adhered to the policies and principles set forth in this Privacy Policy, please notify us using the contact information provided below. We will make all commercially reasonable efforts to promptly address your concerns.

8. Use of Electronic Mail.
We may provide email or messaging links on the Websites or Application to further facilitate communication between us and you. Information collected through email and messaging may be shared with our customer service group, employees or other third parties that perform services on our behalf. Unless otherwise noted, email or messaging through our Websites and Application is not a completely secure and confidential means of communication. Non-encrypted email or messaging communications may be accessed and viewed by other Internet users without your knowledge and permission while in transit to us.

9. Changes to Privacy Policies.
This Privacy Policy was last modified on the Effective Date first written above. We reserve the right to amend this Privacy Policy from time to time in our sole discretion, and will post and maintain the most recent version of the Privacy Policy on our website. We may not notify Websites and Application users of any such amendments and you are responsible for reviewing this Privacy Policy upon each visit or use of the Websites or Application, referring to the Effective Date at the top of this document to verify any changes since your last visit. YOU ARE HEREBY ADVISED THAT YOUR CONTINUED USE OF THE WEBSITES OR APPLICATION CONSTITUTES YOUR ACCEPTANCE OF ANY AMENDMENTS TO AND THE MOST RECENT VERSION OF THIS PRIVACY POLICY. If you do not agree to the terms of this Privacy Policy, please do not use the Websites or Application.

10. Questions, Comments and Contact Information.
If you have any questions or comments concerning our Privacy Policy, please contact us at:
ZenXMed Corporation
6-4700 Fountain Dr.
Red Deer, Alberta, Canada, T4N 6W4 Attn: President
Email: legal@zenxmed.com