Tidal Health Solutions Privacy Policy

Tidal Health Solutions Ltd. (collectively, “Tidal Health Solutions”) is committed to safeguarding and preserving the privacy of your personal information.

This Privacy Policy describes the personal information that Tidal Health Solutions collects from or about you, as well as how we use and to whom we disclose that information.

Privacy Policy Effective for Canada

This Privacy Policy covers only those activities that are subject to the provisions of Canada’s federal and provincial privacy laws, as applicable.

This Privacy Policy has a limited scope and application. Consequently, the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions.

What is Personal Information?

For the purposes of this Privacy Policy, “personal information” is any information about an identifiable individual, other than an individual’s business contact information when collected, used or disclosed for the purposes of enabling the individual to be contacted in relation to their business responsibilities. This definition would include, among other things, information about the physical or mental health of an individual.

What Personal Information do we collect?

We collect and maintain different types of personal information in respect of the individuals with whom we interact. This includes:

  • contact and identification information, such as your name, address, telephone number, e-mail address, date of birth, and gender;
  • personal information in connection with your request for certain products or services that you seek from us;
  • Medical Documents as further explained below in this Privacy Policy;
  • additional service-related information concerning the products or services that we provide to, or receive from, you; and
  • payment information, including your credit card information.

We may also collect market-related information, which may include personal information, concerning market trends and activities impacting our business.

We may also collect information related to our media, investor and public relations activities, and information related to our interactions with financial and other advisors.

Tidal Health Solutions collects personal information directly from you. In most circumstances where the personal information that we collect about you is held by a third party, we will obtain your permission before we seek out this information from such sources (such permission may be given directly by you or implied from your actions).

From time to time, we may utilize the services of third parties and may receive personal information collected by those third parties in the course of the performance of their services for us or otherwise. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.

Medical and Adult Use of Cannabis

Tidal Health Solution’s operations include activities related to: (i) operating cannabis production facilities; (ii) advertising, marketing, selling and distributing medical and adult use of cannabis; and (iii) educating our stakeholders (including patients, healthcare practitioners and governments at various levels) about the benefits of cannabis. As such, Tidal Health Solutions may also collect personal information from individuals participating in and / or impacted by those activities.

For example, for you to obtain medical cannabis from us, we require you to provide us with: (i) a document known as a “Medical Document” from an authorized healthcare practitioner; as well as (ii) a consent form.

A Medical Document typically includes the following information: (i) your healthcare practitioner’s given name, surname,  profession, business address, telephone and, if applicable fax and email address, province of registration and registration number; (ii) your given name, surname, date of birth and location of consultation; and (iii) dosage information (daily quantity and period of use specified as a number of days, weeks or months). Your healthcare practitioner also has the option to provide us with your diagnosis and additional comments.

A consent form is also required for us to verify the information in your Medical Document with the healthcare practitioner (who completed your Medical Document). The information that we collect through this form includes: (i) your name (and if applicable, the name of your substitute decision maker); (ii) your address, telephone, fax and email address; and the name of your healthcare practitioner.

Healthcare Practitioners

Information we collect about health care practitioners may be used to comply with our legal and regulatory requirements (e.g. Cannabis Act and Cannabis Regulations), including, for example, to verify the information provided on Medical Documents. In certain circumstances, we may be required to disclose such information to the relevant licensing authority that governs the practice of their profession.

Our Websites

Cookies

Our website includes cookies and other similar technologies. Cookies are used to ensure the integrity of the information request. Cookies attach themselves to your hard drive, but no two cookies are alike. These text files provide you with a unique user experience that is based on your level of site customization, delivering only the Services you have requested. The cookie cannot be read by any website other than the one that sets up the cookies. If you choose to modify your browser to avoid the use of cookies, some functionality of the website may not function properly.

Information Collected Via IP Address

When you visit our website, we collect information about your visit, and this helps us improve the website to meet your needs and preferences and the needs and preferences of

The site also collects information about your use of the website. Information about your use of our site may include details of your visits such as pages viewed and the resources that you access. Such information includes traffic, location and other communication and may also include general information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the site; the date and time of your access; the pages accessed, as well as the web address of the site from which you linked directly to our site. We also collect browser type, operating system and average time spent on our website. We use this information to monitor and improve our website, and to improve on our Services available to you.

Third Party Links

On occasion we may include links to third parties on this website. Where we provide a link, it does not mean that we endorse or approve that site’s policy towards visitor privacy. You should review their privacy policy and terms of use before sending any Personal Information. You agree that linking to or using links to third party websites is at your sole risk and that we will not be liable to you for any loss or damages arising from your use of the third-party websites.

Why do we collect personal information?

Tidal Health Solutions collects personal information to enable us to manage, maintain, and develop our operations, including for example:

  • to establish, maintain and manage our relationship with you so that we may provide you with, or receive from you, the products and services that have been requested;
  • to enable you to register and access an account with us;
  • to obtain and process payments for the products and services that we provide to you;
  • to be able to review the products and services that we provide to you so that we may: (i) understand your requirements for our products and services; and (ii) work to improve our products and services;
  • to be able to review the products and services that we obtain from you so that we may work with you and so that you may understand our requirements for such products and services;
  • for participation in research;
  • to respond to requests made by, or on behalf of, your insurance provider to review your insurance claim(s), to the extent applicable;
  • to monitor and investigate incidents and managing claims;
  • to create Aggregated Information (as defined below);
  • to be able to comply with your requests (for example, if you prefer to be contacted at a business or residential telephone number and advise us of your preference, we will use this information to contact you at that number);
  • to protect Tidal Health Solutions against error, fraud, theft and damage to our goods and property;
  • to provide Health Canada with data in prescribers and quantities of prescriptions;
  • to enable us to comply with applicable law or regulatory process; and
  • any other reasonable purpose to which you consent.

How do we use your personal information?

We may use your personal information:

  • as permitted or required by applicable law or regulatory requirements;
  • for the purposes described in this Privacy Policy; and
  • for any additional purposes for which we have obtained your consent to the use or disclosure of your personal information.

As above, we may use your personal information to create Aggregated Information for the purposes of managing, maintaining, and developing our operations. Such purposes include: (i) identifying the demographics of our clients, the types of diagnoses that our clients are using cannabis to treat, and the types of strains that are most beneficial for different diagnoses; (ii) creating and selling benchmarks, reports, summary metrics, predictive algorithms; and (iii) developing new or improving our existing products and/or services). In this Privacy Policy, “Aggregated Information” means information that: (i) arises from the compilation, combination and/or analysis of personal and other information; and (ii) is anonymized.

When do we disclose your personal information?

When we provide you with medical cannabis, we may share your personal information with your healthcare providers (which may also be referred to as your “circle of care”) and your authorized family members. We may also share it with others but only with your consent or as otherwise permitted by law or regulations. For example, we may share your personal information with designated individuals (e.g. parents, caregivers) who have authority to collect such information. All such sharing is done in a manner consistent with this Privacy Policy.

We may also share your personal information with our employees, contractors, consultants,  and other parties who require such information to assist us with managing our relationship with you, including third parties that provide services to us or on our behalf.

For example, we may share your personal information from time to time with our third-party information technology, data processing, payment processing, advertising/marketing, call center and age/identity verification service providers so that we may operate our business, some of which may be located in the United States. As a result, your personal information may be collected, used, processed, stored or disclosed in the United States and may potentially be accessible to law enforcement and national security authorities of that jurisdiction. However, it is important to note that in the unlikely event United States law enforcement and/or national security authorities request your personal information, it shall only be provided in strict accordance with the law and subject to all required legal permissions. To the extent permissible, you will be informed if disclosure of your personal information is requested by law.

In addition, personal information may be disclosed or transferred to another party during the course of, or completion of, a change in ownership of or the grant of a security interest in, all or a part of Tidal Health Solutions through, for example, an asset or share sale, or some other form of business combination, merger or joint venture, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.

Finally, your personal information may be disclosed:

  • for the purposes described in this Privacy Policy;
  • to third party databases for the purposes of verifying your age;
  • as part of an audit by the Minister of Health;
  • to the Minister under the Cannabis Act (including the Cannabis Act Regulations);
  • as permitted or required by applicable law or regulatory requirements;
  • to comply with valid legal processes such as search warrants, subpoenas or court orders;
  • as part of the regular reporting activities of Tidal Health Solutions;
  • to protect the rights and property of Tidal Health Solutions;
  • during emergency situations or where necessary to protect the safety of a person or group of persons; and
  • with your consent.

Your consent is important to us

It is important to us that we collect, use or disclose your personal information where we have your consent to do so. Depending on the sensitivity of the personal information, your consent may be implied, deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you enter into an agreement with us, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to the performance of that agreement and for any other purposes identified to you at the relevant time.

Typically, we will seek your consent at the time that we collect your personal information. In certain circumstances, your consent may be obtained after collection but prior to our use or disclosure of your personal information. If we plan to use or disclose your personal information for a purpose not previously identified (either in this Privacy Policy or separately), we will endeavor to advise you of that purpose before such use or disclosure.

We may collect, use or disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.

You may change or withdraw your consent at any time, subject to legal/regulatory or contractual obligations and reasonable notice, by contacting our Privacy Officer. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer.

How is your personal information protected?

Information Security

Tidal Health Solutions maintains commercially reasonable, industry standard administrative, physical and technical safeguards for the protection, confidentiality and integrity of personal information. Such safeguards include but are not limited to the following or their equivalents: secure servers, encryption, least privilege access on a need to know basis, intrusion detection technologies and secure destruction and deletion of data.

Technologically, this means the deployment of a range of security technologies, processes and procedures to block unauthorized access and use of Information, such as the use of limited-access computer services located in controlled facilities or the use of encryption technology (Secure Socket Layer protocol, for example) to transmit sensitive information.

However, the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of information that you choose to send us electronically, sending such information is entirely at your own risk

Updating your personal information

It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please keep us informed of such changes.

Access to your personal information

You may opt out of any future contacts from us at any time. You can also do the following at any time by contacting us (See Contact Information below).

  • See what personal information we have about you, if any.
  • Change/Correct any personal information we have about you.
  • Have us delete any Personal Information we have about you (subject to legal or regulatory requirements).
  • Request portability/copy of your personal information in a structured, commonly used and machine-readable format of the personal information that you have provided to us.
  • Express any concern you have about our use of your personal information

When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you. We may charge you a fee to access your personal information; however, we will advise you of any fee in advance.

Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. In the event, that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.

Contact Information

Tidal Health Solutions is also interested in your feedback to this Privacy Policy.

For any comments or concerns, please contact our Privacy Officer as follows:

Tidal Health Solutions
1111 International Blvd., Suite 100, Burlington, ON L7L 6W1, Canada
E-mail:  info@tidalhealth.ca
Telephone: 1 (506) 465-1182
Attention: Privacy Officer

Revisions to this Privacy Policy

Tidal Health Solutions, from time to time, may make changes to this Privacy Policy to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. We will post any revised version of this Privacy Policy on our websites, and we encourage you to refer back to it on a regular basis.

May 17, 2019