TERMS AND CONDITIONS OF USE

Last revised: September 26, 2018

1. What is the Atlas Alliance?

The Atlas Alliance is a group of health care providers that includes The Ottawa Hospital, The Ottawa Hospital Academic Family Health Team, The University of Ottawa Heart Institute, Hawkesbury & District General Hospital, St. Francis Memorial Hospital, and Renfrew Victoria Hospital. In these terms and conditions, these providers will be referred to as a group as the “Alliance” and each provider as a “Member”. “Applicable Members” are those Members who have provided an individual with health care and have records of personal health information for the individual.

2. What is the MyChart Portal?

The Alliance has licensed software (“Software”) to operate an online “gateway” (the “Portal”) that permits individuals who register and agree to these terms and conditions (“Portal Users”) the opportunity to view some of the information in their records (“Information”) at Applicable Members.

3. What does the Portal not provide?

The Portal is NOT A PRIMARY OR RELIABLE MEANS OF COMMUNICATING WITH HEALTH CARE PROVIDERS AT ANY APPLICABLE MEMBER and is not A MEANS OF OBTAINING HEALTH CARE ADVICE. THE PORTAL IS NOT TO BE USED IN AN EMERGENCY. Questions regarding Information must be directed to your health care provider. Information is not exhaustive or complete and is not intended to be a substitute for medical or other health professional advice. In an emergency, call your health care provider or 911 immediately.

4. Why is it important to read this document before I use the Portal?

The Alliance is permitted by the company that owns the Software to make the Portal available to you, and the Alliance is prepared to do so if you agree to and comply with these terms and conditions. The Alliance appreciates that these terms and conditions (“Agreement”) are detailed, but it is important that you take your time, review all of the provisions carefully and let us know (using the contact information in section 19) whether you have any questions before deciding to register for the Portal. This is because this Agreement will be a legal agreement between you and Applicable Members if you register. Just as with some of the websites or other electronic platforms you may use, this Agreement sets out the rules that you must comply with to be given and continue to have access to the Portal.

5. Is there a risk to my use of the Portal?

Yes, as with all electronic information systems, there is a risk to using the Portal. Although the Alliance has taken steps to select Software that includes security measures to protect the Information transmitted through the Portal, no software or security measure is perfect. Please note that use of the Portal is not mandatory and the health care you receive from Members will not be affected if you decide not to use the Portal. Use of the Portal may not be for you. By using the Portal, you agree that your access and use is entirely at your own risk and responsibility. As the Portal is provided as a convenience only, you will need to decide whether you are comfortable taking on the risk. By registering for use of the Portal, you will be understood to have acknowledged and agreed that the Portal and Information are provided to you “as is”. This means that the Alliance is not making any representations or promises or giving any guarantees regarding the Portal or Information, including that access to the Portal will be uninterrupted, secure, virus free, error free or suitable for any particular purpose, or that Information will be accurate, complete, current, reliable or timely. The Portal transmits your Information over the public internet and by registering for the Portal, you are acknowledging and agreeing that information transmitted over the internet may be subject to loss, theft and/or alternation and the Alliance cannot guarantee the security or integrity of any Information transmitted through the Portal.

6. Given the risk, why would I choose to use the Portal?

The Portal will allow you easier and faster access to your Information which may make it easier for you to participate in your own health care and wellness. As mentioned, the Portal does not provide access to your complete record of personal health information at Applicable Members. If you wish to obtain a copy of your complete record you will need to contact the Applicable Member’s health records department.

7. What is the legal effect of my registering for use of the Portal?

As mentioned in paragraph 4, by registering for the Portal, you are agreeing to comply with this Agreement. If you do not accept any of the terms and conditions in this Agreement, you must not register to use the Portal. The Alliance will endeavour to communicate changes in advance through posting a message on the Portal however it is not obliged to and may make changes to this Agreement at any time with or without posting a message on the Portal notifying you of such changes. You will be agreeing to the changes if you keep using the Portal after changes have been made to the Agreement. If you do not accept any changes made to this Agreement, you must immediately stop using the Portal. By registering for the Portal, (and so long as you continue to comply with this Agreement), you will be granted what is at law described as a “limited, non-transferable and non-exclusive license” to use the Portal for your personal (but not any business or other commercial) use. This means that each Portal User and Proxy (as described below) will only be permitted to use the Portal in accordance with this Agreement, will not be able to transfer his or her right to use the Portal to another person, and will not be the only user of the Portal. If you are a Proxy, you agree to only access and use the Portal and Information as directed by the Portal User for whom you are the Proxy. Except as granted in this Agreement, any use of the Portal or Information, in whole or in part, is prohibited.

8. Privacy: how will the Alliance use my registration information?

As will be explained below, to use the Portal, you have to complete and submit a Form and be given an Account. The Form includes personal information and personal health information, such as your medical record number (“MRN”) at each Applicable Member. As an Account allows you access to Information in each Applicable Member’s records for you, the information you submit on the Form will be made available to all Applicable Members. By submitting a Form, you acknowledge and agree that you are providing the information on the Form to all Applicable Members.

9. Do I have any legal responsibility to the Alliance as a Portal user?

Yes. As mentioned, use of the Portal is entirely voluntary and provided only as a convenience to you. In legal terms, by using the Portal you are agreeing to “defend, indemnify and hold harmless” each Member, including each Member’s directors, officers, employees, physicians and other health professionals, agents, and licensors (including the supplier of the Software), “from and against any and all claims, demands, liabilities, costs or expenses”, including legal fees and expenses arising from or otherwise connected with (i) your breach of any terms and conditions of this Agreement or (ii) your access to, use of, misuse of, or inability to use the Portal or the Information. In plain language, this means you agree to compensate the Alliance or particular Members for any damages, including money damages that it is required to pay as a result of a lawsuit or other form of claim relating to your use or misuse of the Portal. If you have questions about this obligation, please contact the Applicable Member’s Patient Advocacy Office (or equivalent).

10. Are there limits on the Alliance’s legal responsibilities to me as a Portal user?

Yes. In no event will any Member, including the Member’s officers, directors, employees, physicians and other health care providers, agents, licensors (including the supplier of the Software) or their successors or anyone to whom their rights have been assigned, be liable to you for any damages of any kind, be they direct, special, indirect, punitive, incidental or consequential damages, including any loss or damages relating to medical injury, personal injury, death, improper diagnosis, inaccurate information, improper treatment or any other loss, damages, or claims that are connected with your access to, use of, misuse of or inability to use the Portal or the Information, regardless of the cause or cause of action. The limitations on the legal responsibility of Members to Portal Users set out in this paragraph 10 will apply even if Members knew of or could have anticipated that such damages were possible.

11. May I print a copy of my Information?

You (or your Proxy) may download, store and/or print copies of your Information, but you are not permitted to alter the Information in any way, including to remove any Information or notices. Note that you will be responsible for maintaining the confidentiality of and otherwise protecting Information that you have downloaded, stored or printed. Just as where an Applicable Member provides you with a paper copy of your record, no Applicable Member will be responsible in any way for any loss, damage or inappropriate use of any copy of Information that you (or your Proxy) download, store or print.

12. Can I give others access to my Account?

Yes, you can authorize a caregiver, family member and/or a friend to have access to your Account on your behalf, as your “Proxy” or representative. You must submit a Form (see paragraph 13) to authorize a person to be your Proxy and the person must independently agree to comply with this Agreement. Each Proxy will be given his or her own Portal User name and password to ensure your Proxy only has access to your Account and so that his or her access to your Account can be tracked. A Proxy is prohibited from using another person’s user name and password to access the Portal or from using Information except as directed by the Portal User for whom the Proxy is acting. A Proxy will generally be someone who regularly assists you with your health care. You should select any Proxy with care because you will be responsible for any access to your Account and use of your Information by your Proxy, and your Proxy will have access to the same Information through the Portal as you have. You may withdraw your authorization for someone to act as your Proxy by contacting any Applicable Member by using the contact information found in paragraph 19. Note that the Alliance cannot intervene in any dispute between a Portal User and his or her Proxy.

13. How do I begin if I choose to use the Portal?

You must register for an Account by completing and submitting a MyChart Access Request Form (“Form”) to an Applicable Member in person, or by mail, fax or email. Contact information for the Applicable Members is in paragraph 19. You will be required to provide personal information such as your full name, address, date of birth and telephone number, and personal health information, such as your MRN(s), on the Form. You agree to provide true, accurate, current and complete information about yourself on the Form. Upon receipt of the completed Form, Applicable Members will validate the information that you have provided. You may be contacted if there are any questions about the information you have provided. If an Applicable Member has reasonable grounds to suspect that the information you have provided is untrue, inaccurate, not current or incomplete, you may be refused an Account and will not be able to use the Portal to access Information of any Applicable Member). The privacy provisions in this Agreement as well as the privacy policy of Applicable Member(s) apply to the personal information and/or personal health information that you provide as part of the registration process. If you have trouble finding the privacy policy of any Applicable Member, please contact its privacy office as set out in paragraph 19.

14. How do I access the Portal?

If your Form is accepted, you will be provided with a personal Portal account (“Account”) consisting of a user name and temporary password (see paragraph 15 for your obligations in regard to your password) . Only you (and any “Proxy” you authorize as discussed below) will have access to your Account. You are responsible for keeping your user name and password secure and private and for all activities that occur under your user name and password. You agree to notify any Applicable Member of any unauthorized use of your user name and/or your password or any other breach of this Agreement or misuse of the Portal. Note that Members will not be responsible in any way for any loss, misuse of or other form of harm or damage that you may suffer as a result of your failure to protect your user name and/or password or any loss or inappropriate use of your user name and/or password including by your Proxy.

15. Do I have other responsibilities as a Portal User?

It is your responsibility to: (i) ensure you create a strong password (i.e. a password that is different than your Portal User name and includes upper and lower case letters, and at least one number, and that is at least 8 to 20 characters long); (ii) protect the device(s) (computer, iPad, tablet, smart phone) you use to access the Portal with a strong password; (iii) ensure that your device(s) is/are up-to-date with virus protection and any other updates provided by your operating system and internet browser provider; (iv) not access the Portal from public or shared devices where you cannot verify the security of the device; and (v) change your password and contact any Applicable Member if you suspect or are aware that your Account has been compromised.

16. What else do I need to know before deciding to register for the Portal?

As mentioned above, the Alliance provides the Portal at its discretion and as a convenience to Portal Users. It may modify, suspend or terminate the Portal at any time, temporarily or permanently, and will have no responsibility of any kind to you or any other person for any modifications, suspensions or termination of the Portal or any part of the Portal. It may terminate your Account and access to the Portal (or that of your Proxy) at any time if you (or your Proxy) fail to comply with this Agreement or for any other reason in their discretion. Your Proxy’s Account will be automatically terminated if your Account is terminated.

17. What if I decide I no longer want to use the Portal?

You may terminate your Account at any time by contacting any Applicable Member. Your user name and password will be deactivated and all access and use of the Portal by you (and your Proxy) will be terminated.

18. May I submit information through the Portal?

The Portal allows you to request that information related to your health be added to your record at any or all Applicable Member(s) but the information will not necessarily be added. Each Applicable Member will decide, in its sole discretion, whether information you request to be added will be added to its record for you. You may submit a request through the Portal webpage. Any information that you submit will be treated in accordance with the privacy policy of Applicable Member(s).

19. Contact information.

Please use the information below when contacting Applicable Members about the Portal. As mentioned above, questions or comments about an Applicable Member’s privacy policy should be addressed to its privacy office as set out below.

The Ottawa Hospital, and

The Ottawa Hospital Academic Family Health Team

Information and Privacy Office

Box 656, 1053 Carling Avenue, Ottawa, ON K1Y 4E9

613-739-6668

infoprivacyoffice@toh.ca

 

The University of Ottawa Heart Institute

Privacy Officer

40 Ruskin Street, Ottawa, ON K1Y 4W7

613-696-7000 extension 13575

jlajeunesse@ottawaheart.ca

 

Hawkesbury & District General Hospital

VP Ambulatory Care, Quality and Performance, Chief Privacy Officer

1111 Ghislain Street, Hawkesbury, ON K6A 3G5

613-632-1111 extension 21501

CPO@hgh.ca

 

St. Francis Memorial Hospital

Chief Privacy Officer

7 St. Francis Memorial Drive, PO Box 129, Barry's Bay, ON K0J 1B0

613-756-3044 extension 242

stewartk@sfmhosp.com

 

Renfrew Victoria Hospital

Chief Privacy Officer

499 Raglan Street, North, Renfrew, ON K7V 1P6

613-432-4851 extension 272

sonnenburgt@renfrewhosp.com

 

20. General terms.

a.      You agree that all matters relating to this Agreement, the Portal and the Information will be governed by the laws of the Province of Ontario and the laws of Canada applicable in Ontario without regard to conflict of laws principles which may provide for the application of the laws of another jurisdiction. Whether a Portal User or Proxy, you agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to this Agreement, the Portal and the Information.

b.      No forgiveness of a breach of this Agreement by you will be effective or binding unless made in writing and signed by the Applicable Member(s). Any forgiveness of a breach by you of this Agreement will not prevent any Member(s) from enforcing any term of the Agreement in the case of a subsequent breach and will not be understood or effective as forgiveness of any subsequent breach.

c.      This Agreement constitutes the entire agreement between you, and the Members relating to your access and use of the Portal, and that of any Proxy you appoint.

d.      If any provision of this Agreement is held to be invalid or unenforceable under applicable laws, the remainder of this Agreement will not be affected, and each provision of this Agreement will be separately valid and enforceable to the fullest extent permitted by law.