2. Portal Description
Sunnybrook manages an internet-based Portal designed to give selected patients the opportunity (a) to initiate the creation of a personal health record containing information such as personal and family health history, medications, allergies, and other relevant personal health information, in order to gain greater access to their personal health information and thereby participate more fully in their own care; (b) to interact with authorized healthcare providers regarding their personal care, and (c) to seek general information pertinent to their medical condition.
3. Registering for the Portal Account
If you consent to participate in the Portal, you will be shown how to create a personal Portal account ("Account") containing personal health information related to your care at Sunnybrook or one of its participating partners (refer to Appendix A), and how to use the Portal securely, and in accordance with Sunnybrook's information management policies and procedures including those pertaining to the collection, use and disclosure of personal health information. Features and functions of the Portal and Sunnybrook's policies and procedures for information handling may change without notice and it is your responsibility to ensure that you understand how to use the Portal in accordance with these policies and procedures.
4. Portal provided only as a Convenience for Patients
The Portal is provided by Sunnybrook in its discretion, as a convenience for patients - it is not core to the provision of patient care by Sunnybrook or any one of its participating partners. As a result:
Participation in the Portal by each patient is entirely voluntary.If you decide not to participate in the Portal this will not affect the care that you or any person receives from Sunnybrook or any one of its participating partners. You may discontinue your participation in the Portal at any time by notifying the MyChart Portal Administrator via email at MyChart@Sunnybrook.ca. Should you discontinue your participation in the Portal, or if your access to the Portal is discontinued or terminated for any reason, your Portal ID and password will be deactivated. Where a patient decides to discontinue participation in the Portal, all persons previously authorized to view that patient's Portal record will be notified that their access has been discontinued at the patient's request.
Provision by Sunnybrook of the Portal and any of its specific functions is entirely voluntary.
Sunnybrook reserves the right at any time, and from time to time, to modify or terminate, temporarily or permanently, the Portal (or any part or function thereof) with or without notice to you. The Owner shall have no liability to you or any third party for any such modifications, suspensions or discontinuance of the portal or any part thereof. In the event of any termination, you are no longer authorized to access the Portal, or the part of the Portal affected by such termination. The restrictions imposed on you with respect to material downloaded from the Portal and the disclaimers and limitations of liabilities set forth in this Agreement shall survive any discontinuance or termination of the Portal or this Agreement.
Further, the Portal and the Content are provided "AS IS" - in other words, Sunnybrook makes no representation, warranties or covenants, express or implied, regarding the Portal, including, without limitation, no representation, warranty or covenant that (i) the functions of or the content made available through the Portal will be of merchantable quality, fit for a particular purpose, uninterrupted or virus-fee or error-free, or that the content will be accurate, complete, current, reliable, or timely; or (ii) that communications to or from the Portal will be secure and/or not intercepted; note that any information sent or received over the Internet is generally not secure . the portal may transmit your personal health information over the public internet. information transmitted over the internet may be subject to inadvertant loss or theft. the owner cannot guarantee the securtiy of any information transmitted to or from the portal. By using the Portal, you agree that your access and use of the Portal and the Content is entirely at your own risk and liability.
5. The Portal Content Is Not a Substitute for Medical Advice
Always seek the advice of a physician, or other qualified health care provider properly licensed to practice medicine or general health care in your jurisdiction, concerning any questions you may have regarding any information obtained from the Portal and any medical conditions you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on the Portal which is not directed at your personal care by a properly qualified and licensed health care provider. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. Information obtained on the Portal is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Any tools, calculators or quizzes provided on the Portal are provided for general and illustrative purposes only, and are not intended to be a substitute for, medical advice. You should not act or abstain from acting based on any information provided by any such Tool.
6. Limitations of the Portal as Communications Tool
use the Portal to communicate or treat medical emergencies.
If you have a medical emergency, call a physician, qualified health care provider or 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Portal.
The Portal does not create physician-patient relationships.
The presentation of information on the Portal does not establish a physician-patient relationships between you and Sunnybrook or any one of its participating partners (or any of its physicians or other qualified health care providers,) and is not intended as a solicitation of individuals to become patients or clients of Sunnybrook or any one of its participating partners (or any of its physicians or other qualified health care providers).
The Portal does not endorse nor have any responsibility for content or providers of third party links.
The Portal contains third party content and links. Neither Sunnybrook nor its physicians, employees or other representatives and or any one of its participating partners have any responsibility or liability for or (unless clearly stated on the Portal) recommend or endorse any information or brand of products or services that may be available on the Portal through such content or links. In addition, Sunnybrook prohibits any link to the Portal at any time made without the consent of Sunnybrook and may remove a link without notice. Upon the request of Sunnybrook you agree to remove any link to the Portal you may have acquired or stored.
7. Privacy of Personal Information/Personal Health Information
Patient personal information and personal health information contained on the Portal will be password protected and only authorized Sunnybrook or one of its participating partner's personnel, the patient, and persons designated by the patient will have access to the patient's personal health information. All personal health information collected on the Portal will be held in the strictest confidence by Sunnybrook or any one of its participating partners in accordance with Sunnybrook's information handling policies and procedures and in compliance with Sunnybrook's role as a health information custodian as defined by the Personal Health Information Protection Act ("PHIPA"). Further Information regarding Sunnybrook's information privacy policies and procedures is available at www.sunnybrook.ca or by contacting our Privacy Office at email@example.com.
You should note that records of personal health information under the custody and control of the Hospital made available through the Portal may be restricted in accordance with the Hospital's records management policies and procedures, including but not limited to information resulting from or related to care provision of a psychiatric nature. Patients requiring access to their personal health information may contact our Health Data Resources department at the campus on which they were treated.
8. Limitation of liability
In no event shall Sunnybrook and its participating partners, its physicians, other qualified health care providers, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for any damages of any kind, including without limitation, any direct, special, indirect, punitive, incidental or consequential damages (and including without limitation any loss or damages in the nature of or relating to medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment or any other loss incurred in connection with your use, misuse or reliance upon the Portal or the Content, or your inability to use the Portal, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Sunnybrook knew of or ought to have known of the possibility of such damages.
MyChart Portal participation by a patient is entirely voluntary and provided only as a convenience for each patient. As a result, you agree to indemnify, defend and hold harmless Sunnybrook, or any one of its participating partners, its physicians, other qualified health care providers, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of this Agreement, or (ii) your access to, use, misuse, reliance upon or inability to access or use the Portal or the Content.
10. Copyright and Limited Licence
The Content is protected by copyright law and is owned by Sunnybrook and or any one of its participating partners and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licenses herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Portal or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Sunnybrook or any one of its participating partners Subject to the terms and conditions of the Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Portal and the Content for your personal, non-commercial use. You are granted the right to download, store and/or print single copies of items comprising the Content (including, where made available on the Portal, downloads of software) for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online other than within this Portal. You must also abide by any additional requirements governing the use of any special Content that may be set out in the Portal. In the event of a conflict between the terms of a license governing specific Content and this Agreement, the terms of the specific license shall govern.
11. Rules governing postings made to the Portal
Content of Postings is Not Controlled.
The Portal may provide features which allow you to participate in discussion groups, to communicate with Sunnybrook, its agents and other 3rd party users and to otherwise post/upload/communicate information, files, documents, or other materials ("Postings"). Sunnybrook does not control the content of any Posting and has no obligation to monitor any Posting. While Sunnybrook may attempt to delete insulting, offensive or inaccurate Postings, it cannot prevent them from being uploaded and is not responsible for their content or any damages resulting therefrom. However, Sunnybrook reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to upload or to remove any Posting, in whole or in part, that, in Sunnybrook's sole discretion, are objectionable, inaccurate, misleading or in violation of the Agreement. For greater certainty, Sunnybrook will fully cooperate with any legal obligation to disclose the identity of anyone posting threatening, libelous, obscene, pornographic, profane or otherwise offensive or illegal materials. You acknowledge that you alone are responsible for the content of Postings to the Portal and the consequences thereof.
Rules of conduct regarding Postings.
The Portal is used by multiple users and we ask each that each user respect the rights of each other user of the Portal. It is a condition of your use of the Portal that you do not:
(i) Restrict or inhibit another user from using and enjoying the Portal, interfere or attempt to interfere with the proper workings of the Portal or do anything which, in the sole discretion of Sunnybrook, imposes an unreasonable or disproportionately large burden on the Portal infrastructure;
(ii) Post or transmit any unlawful, abusive, defamatory or obscene information of any kind, including, without limitation, any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;
(iii)Post or transmit any information, including, without limitation, articles, images, stories, software, or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein or derivative works with respect thereto, without first obtaining permission from Sunnybrook or rights holder;
(iv)Post or transmit any information or material which contains a virus or other harmful component;
(v)Post or transmit "junk mail", "chain letters", unsolicited mass mailing or "spam";
(vi)"Mine" or otherwise use the Portal for commercial purposes, including, without limitation, posting, or transmitting any information or material which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising and pyramid schemes; or
(vii)Engage in any other behavior in connection with the Portal which Sunnybrook in its sole discretion determines is objectionable.
Postings which are not Personal Information/Personal Health Information are Not Confidential.
Subject to any applicable law, any Postings made using this Portal or otherwise made to Sunnybrook or any one of its participating partners, excluding those containing your personal information or your personal health information, are made on a non-confidential basis. Sunnybrook or any one of its participating partners are under no obligation to refrain from reproducing, publishing or otherwise using them, and may use them, in any way or for any purpose. You agree to not assert any ownership right of any kind in such communications (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide licence to Sunnybrook or any one of its participating partners to use, copy and display all Postings, and waive the right to receive any financial or other consideration in connection with such Postings including, without limitation, acknowledgement of yourself as the source of such Postings. For greater certainty, Sunnybrook or any one of its participating partners shall not use or disclose your personal information and personal health information without your consent.
12. General Legal Terms and Conditions
Use prohibited where contrary to law.
Use of this Portal is unauthorized in any jurisdiction where the Portal or any of the Content may violate any laws or regulations. You agree not to access or use the Portal in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
Governing law and jurisdiction.
The Portal is operated by Sunnybrook from its offices within the Province of Ontario, Canada. You agree that all matters relating to this Agreement, or your access or use of the Portal and its Content shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the Portal and the Content as well as any dispute that may arise therefrom.
Any consent by Sunnybrook to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of the Agreement.
Questions or comments regarding the Portal should be directed to the MyChart Portal Administrator at (416) 480-6100 x 6794.
This is the entire Agreement between you and Sunnybrook or any one of its participating partners relating to your access and use of the Portal.