Terms of Use for Becoming Yourself Counselling and Consulting’s Website

The "Terms of Use" section outlines the agreement for users accessing the website and its affiliated platforms, acknowledging compliance with specified terms and conditions. Becoming Yourself Counselling and Consulting aims to promote understanding, prevention, and care in addiction and mental health through accessible and current information. However, there is no guarantee of accuracy or completeness. Users are bound by updated terms upon continued use, with restrictions on modifying, copying, or distributing website content. Additionally, this section includes disclaimers on medical advice, emergency services, and external links, emphasizing user liability and jurisdiction under Ontario law.

Website Usage Agreement:

By accessing and using our website and related platforms, including our social media profiles (such as Facebook, Twitter, Instagram, LinkedIn, and YouTube), you, the user, agree to comply with the following terms and conditions (hereinafter referred to as the "Agreement"). This Agreement applies to all visitors and users of the website.

Purpose of the Website:

Our website is dedicated to advancing our mission of enhancing understanding, prevention, and care in addiction and mental health. We strive to provide accessible, current, and reliable information. However, we do not guarantee the accuracy, quality, or completeness of the content provided. The information on this site is offered "as is" and is subject to change without notice.

Amendments to the Terms:

We reserve the right to modify this Agreement at any time at our sole discretion. Continued use of the website following any such changes constitutes your acceptance of the new terms. If you disagree with any changes, you should discontinue using the website. We also reserve the right to update or correct website content, though we are not obligated to do so.

Intellectual Property and Usage Rights:

All content on the website, including text, graphics, images, and other materials, is owned by Becoming Yourself Counselling and Consulting or appropriately licensed. This content is provided to you for personal, non-commercial use under a limited, non-transferable license. You are prohibited from modifying, copying, distributing, or using the content in any other manner without our express permission. Trademarks and trade names appearing on the site are also protected.

Website Usage:

The use of our website includes accessing its various contents, such as text, images, videos, articles, and other materials, whether provided by us or submitted by users.

Medical Disclaimer:

The content on the website is for informational purposes only and should not be considered medical advice. For medical concerns, please seek professional advice from a qualified healthcare provider.

Emergency Services Disclaimer:

This website is not intended for use in emergency or crisis situations. In case of an emergency, please contact your local emergency services.

External Links:

The website may contain links to third-party sites over which we have no control. We are not responsible for the content or practices of these external sites. Users access these links at their own risk.

Use of Names and Marks:

All names, graphics, and wordmarks on the site are the exclusive property of Becoming Yourself Counselling and Consulting and cannot be used without prior written consent.

Collection of Personal Information:

We only collect personal information voluntarily provided by users. This information is used solely for the purposes for which it was collected, and we take steps to protect its confidentiality.

Communications and Newsletters:

Users may opt to receive communications such as newsletters from us. Subscriptions can be cancelled at any time. Email communications are not guaranteed to be secure.

Non-Disclosure of Personal Information:

Personal information will not be shared with third parties except as stated in this Agreement or as required by law.

IP Addresses and Cookies:

We collect non-personal information, such as IP addresses, and use cookies for website functionality and analysis. Users can manage cookie preferences through their browser settings.

Google Analytics:

We use Google Analytics for website analytics. By using our website, you consent to the processing of data by Google as outlined in their privacy policy.

Liability and Indemnification:

Users assume liability for their actions on the website and agree to indemnify Becoming Yourself Counselling and Consulting against any claims arising from their use of the website.

Jurisdiction and Governing Law:

This Agreement is governed by the laws of the Province of Ontario, Canada. Any legal proceedings must be conducted in Ontario.

Agreement Acceptance:

If you do not agree with these terms, you should exit the website immediately. Continued use of the website indicates acceptance of this Agreement.

Statement of Private Health Information Practices

Becoming Yourself Counselling and Consulting is committed to protecting the privacy and security of our clients' Protected Health Information (PHI) in accordance with the Health Insurance Portability and Accountability Act (HIPAA), as well as applicable Canadian laws such as the Personal Health Information Protection Act (PHIPA) and the Personal Information Protection and Electronic Documents Act (PIPEDA).

What are HIPAA, PIPEDA, and PHIPA?

1. HIPAA (Health Insurance Portability and Accountability Act) is a U.S. law designed to safeguard individuals' medical information privacy, ensure the security of healthcare data, and promote the continuity of health insurance coverage. While HIPAA is not enforced in Canada, HIPAA-compliant software demonstrates elevated security features, making it useful in the telehealth privacy context.

2. The Personal Information Protection and Electronic Documents Act (PIPEDA) is a federal privacy law in Canada that governs how private sector organizations, including healthcare providers and mental health professionals, collect, use, and disclose personal information of their patients, clients, or customers.

3. The Personal Health Information Protection Act (PHIPA) is Ontario’s legislation governing the collection, use, and disclosure of personal health information. Clinics in Ontario must follow PHIPA, which is similar to PIPEDA, but specifically focuses on healthcare.

Steps Becoming Yourself Counselling and Consulting Has Taken to Remain PHIPA Compliant:

1. Understanding PHIPA Requirements: Becoming Yourself Counselling and Consulting is well-versed in PHIPA's provisions regarding the collection, use, and disclosure of personal health information (PHI). We understand our obligations under this legislation.

2. Securing Telehealth Platforms: We use secure telehealth platforms that comply with PHIPA standards, ensuring encryption, access controls, and other security features to protect PHI.

3. Informed Consent: Before engaging in telehealth sessions, we obtain informed consent from clients and explain the potential privacy and security risks associated with telehealth.

4. Protecting PHI: During telehealth sessions, we ensure PHI confidentiality by conducting sessions in private, secure locations and avoiding public Wi-Fi networks or unsecured devices.

5. Secure Communication: We use encrypted email or secure messaging platforms, such as Proton Mail, to communicate PHI. We avoid using regular email or SMS for sensitive information exchange.

6. Policies and Procedures: We implement and maintain policies and procedures aligned with PHIPA for telehealth practices, including protocols for handling PHI, obtaining consent, ensuring security, and managing breaches.

7. Training and Education: Michael Holker ensures that all staff members are educated on PHIPA compliance and best practices for telehealth, ensuring they understand their roles in protecting PHI.

8. Monitoring Compliance: Becoming Yourself Counselling and Consulting regularly audits telehealth practices to ensure compliance with PHIPA and promptly addresses any issues.

9. Staying Informed: We stay updated on PHIPA regulations and best practices in telehealth privacy and security.

10. Seeking Professional Advice: When specific questions arise regarding PHIPA compliance, we consult legal professionals or experts on health privacy laws.

11. Maintaining Up-to-Date Health Records: We diligently maintain accurate and current PHI, ensuring administrative and clinical records are regularly updated.

12. Securing Records: We implement security measures to safeguard PHI from theft, loss, or unauthorized access.

13. Retention and Disposal of Records: Records are retained according to regulatory requirements, ensuring compliance and addressing all related procedural matters.

14. Breach Procedures: In the event of unauthorized disclosure of PHI, we promptly inform the affected individuals and maintain records of the incident.

15. Privacy Contact Person: A designated Privacy Contact Person oversees compliance efforts, facilitates access to records, and responds to privacy-related inquiries and complaints.

16. Public Privacy Practices: We publish our privacy practices, including PHI handling procedures, contact information, and instructions for accessing or correcting records.

17. Agents for PHI Handling: We appoint agents for the secure handling of PHI, following established protocols.

18. Obtaining Consent: We obtain express or implied consent for the collection, use, and disclosure of PHI where appropriate.

19. Access to PHI: We provide prompt access to PHI upon request, ensuring that individuals receive access to their information within 30 days of making a request.

Telepsychology Software Compliance:

Proton Mail: Proton Mail provides secure email communications that comply with Canadian privacy laws, including PHIPA and PIPEDA, by offering encryption and secure data handling.

Owl Software: Owl Software is designed to meet HIPAA and PIPEDA standards with encryption, access controls, audit trails, and regular updates for safeguarding PHI. Owl Software also offers signed Business Associate Agreements for HIPAA compliance.

Both Proton Mail and Owl Software adhere to strict security protocols to ensure the confidentiality, integrity, and availability of personal health information.

Disclaimer:

Becoming Yourself Counselling and Consulting uses Proton Mail for secure communication, and Owl Software for record-keeping, both of which are compliant with PHIPA and PIPEDA. However, virtual care does present some privacy risks, and there is a possibility that PHI could be unintentionally disclosed or intercepted. We aim to mitigate these risks, but we ask clients to be aware of the following:

1. Emails, calls, or texts may not have the same level of security as in-person appointments.

2. Use personal, secure devices and private networks for telehealth sessions.

3. Understand that electronic communication is not a substitute for emergency care. Please contact emergency services if required.

For Future Inquiries:

Contact our PHI Compliance Officer: For privacy-related concerns or requests for accessing records, please contact Michael Holker at Michael@Becomingyourself.com

Access to Records: To request access or corrections to PHI, submit a written request to Michael@Becomingyourself.com

Complaints: Complaints regarding PHI practices can be submitted to our clinic or the Privacy Commissioner in your jurisdiction.

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