iENROLL® TERMS OF SERVICE

This is a legal agreement between you and EMREACH INC. (sometimes referred to herein as “iENROLL®”, “we” or “Us”)  by downloading, accessing and/or using the iENROLL® software application (including all related documentation, updates and upgrades) (sometimes collectively referred to herein as the “iENROLL® Services” or “Services”), you acknowledge your agreement with these terms (sometimes referred to herein as the “terms” or this “Agreement”).

These terms, together with our Privacy Policy, form an agreement between you and iENROLL®. By using the iENROLL® Services, you represent to us that you are legally competent to enter into this Agreement. If you are using the iENROLL® Services on behalf of another person, you are accepting terms on behalf of your and that person, and you represent and warrant that you have authority to do so.

If you or the person on whose behalf you are using iENROLL® are already bound by a separate written agreement with respect to your use of the iENROLL® Services then that separate written agreement will continue to apply to your use of the iENROLL® Services and in the event of a conflict between any of the provisions set forth herein and in your separate written agreement with iENROLL®, the provisions in your separate written agreement with iENROLL® will control.

1.         License

a.         The iENROLL® Services are owned by EMREACH INC. and are licensed, not sold, to you. iENROLL® grants to you a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the iENROLL® Services subject to the limitations set forth in these Terms, any relevant purchase order or ordering document related to the iENROLL® Services (“Order Form”) and any and all other terms and policies set forth in the iENROLL® Services. We reserve all other rights.

2.         Intellectual Property

a.         Except as expressly set forth in this Agreement, neither party grants to the other party any rights, implied or otherwise, to the other party’s intellectual property. As between the parties, you own all Intellectual Property Rights in your Data, and EMREACH INC. owns all Intellectual Property Rights in the Services and the EMREACH INC. Data.  In this Agreement, “Data” means any data, information and material in whatever form or medium, including but not limited to Sensitive Information: (i) provided or submitted by you (or your agents or end users) in the course of utilizing the Services; (ii) stored on any EMREACH INC. server that was uploaded by you (or your agents or users) to use with the Services; (iii) created by you (or your agents or users) as a result of you (or your agents or users) using the Services; and (iv) created by EMREACH INC. for delivery to you in the course of EMREACH’s provision of the Services.   In this Agreement, “Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade-marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and all similar or equivalent rights or forms of protection in any part of the world.  In this Agreement, “Sensitive Information” means any information or data that would ordinarily be classified as restricted and/or sensitive personal information including, but not limited to, social insurance or other government issued identification numbers, medical or health information.

b.         The IENROLL® Services, including the “look and feel” (e.g., text, graphics, images, logos), content and other material, are protected under copyright, trademark and other laws. You acknowledge and agree that EMREACH INC. owns all right, title and interest in and to the IENROLL® Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of EMREACH INC’s copyrights, patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of this Agreement.

c.         Any and all: (i) suggestions for correction, change and modification to the iENROLL®   Services, evaluation data, evaluations and other feedback (including but not limited to quotations of written or oral feedback, information and reports provided to EMREACH INC. by you (collectively, “Feedback”)), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by EMREACH INC. or otherwise relating to the iENROLL® Services (collectively, “Revisions”), are and will remain the property of EMREACH INC. and You hereby assign to EMREACH INC. any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property rights) that you may have in and to any and all Feedback and Revisions. In addition, iENROLL® shall have the right to copy, use, distribute, and display any information, analysis, statistics and other Data generated by the iENROLL® Services (or derived from your use of the iENROLL® Services), including compilation of aggregated statistics about the iENROLL® Services; provided, however, that iENROLL® shall not publicly disclose or distribute any such Data unless such Data is in an aggregated form that would not permit a third party to identify the Data as associated with you (or your agents or end users) or your patients.

d.         Subject to the terms and conditions of this Agreement, you grant to EMREACH INC. a limited, revocable, non-transferable and non-exclusive license to use the Data for the sole purpose of providing the Services hereunder. EMREACH INC. shall not use the Data for any other purpose without your express written consent, provided however, that EMREACH INC. is entitled to create, collect, use and retain Aggregated Data.  In this Agreement, “Aggregated Data” means all aggregated, optimized, and statistical operations related data derived from the operation of the provision of the Services. Sensitive Information shall only be collected and retained for the minimum period of time necessary to provide the Services, and strictly in accordance with applicable legislation.

e.         The iENROLL® Services allow you to upload and transmit certain Data to and through the iENROLL® Services, including, without limitation, patient personal identifying information, patient personal health information, diagnostics, and prescribing data options. You are solely responsible for the accuracy, quality, legality and means by which you acquired your Data. You understand that EMREACH INC. will use your Data to provide the iENROLL® Services. You have or will obtain all rights necessary to provide your Data to iENROLL and you hereby grant iENROLL® a worldwide license to use, reproduce, transmit, display and adapt your Data as necessary for EMREACH INC. to provide the iENROLL® Services to you in accordance with these Terms.

f.          You acknowledge that the source code for the iENROLL® Services and other trade secrets embodied in the iENROLL® Services have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by iENROLL®.

3.         Your Use of the Services

a.         The iENROLL® Services shall, among other things, enable you to digitally enroll patients in Patient Support Programs (PSPs).

b.         You may be required to register and create an account to use the iENROLL® Services (“Account”). You agree that you will maintain and update your registration and account information to ensure it is current, complete and accurate and that we have the right to terminate your Account and use of the iENROLL® Services if you provide untrue, incomplete or inaccurate information.  You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account or any of its information with any other person. You may de-activate your Account at any time. Requests to re-activate your Account are subject to approval by iENROLL®. iENROLL® does not guarantee that re-activated accounts will be identical or contain all of the prior information contained in the Account prior to de-activation.

c.         You will use the iENROLL® Services only for your internal business purposes and in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the iENROLL® Services. You agree that you will not use the iENROLL® Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights.

d.         You are responsible for complying with all laws, rules and regulations that apply to your use of the iENROLL® Services. In particular, you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in any of the iENROLL® Services; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any of the iENROLL® Services; (iii) use any means to discover the source code of the iENROLL® Services or to discover the trade secrets in the iENROLL® Services; or (iv) otherwise circumvent any functionality that controls access to or otherwise protects the iENROLL® Services.

e.         Except as specifically permitted in these Terms or expressly authorized in writing by iENROLL®, you agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, sublicense, or modify the iENROLL® Services; (ii) use any of the iENROLL® Services in any service bureau arrangement or on behalf of any third party; (iii) reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the iENROLL® Services; (iv) personally profit from the use or manipulation of iENROLL® Services;  or (v) permit any third party to engage in any of the acts described in clauses (i) through (iii).

f)          You are responsible for providing the equipment and Services that you need to access and use the iENROLL® Services. iENROLL® does not guarantee that the iENROLL Services are accessible on any particular equipment or device or with any particular software or service plan.

4.         EMREACH Responsibilities

a.         We will maintain commercially reasonable administrative, physical and technical safeguards intended to protect the security, confidentiality and integrity of the Data that you provide to or through the iENROLL® Services.

b.         EMREACH INC. reserves the right but is not obligated to improve, enhance or modify the iENROLL Services. We will notify you in advance of changes to the iENROLL® Services that may significantly adversely affect the manner in which you use the iENROLL® Services or the manner in which the iENROLL® Services perform. Such notice may, at EMREACH INC.’s discretion, be provided through notice posted in the iENROLL® Services, EMREACH INC.’s website, or update(s) to these Terms.

c.         EMREACH INC. uses commercially reasonable efforts to make the iENROLL® Services available to you twenty-four (24) hours per day, seven (7) days per week, excluding scheduled maintenance time, unavailability caused by you or any software, hardware or service not provided by us, emergency maintenance and/or any cause beyond our reasonable control (including without limitation natural disasters, wars, terrorist acts, pandemics, civil disturbances, acts of any government or agency thereof, strikes or other labor problems, Internet service or other third party service providers’ failures or delays and systemic electrical, telecommunications or other utility outages or failures); however, EMREACH INC. makes no guarantee, representation or warranty as to the availability of any of its Services (in whole or in part) at any given time.

d.         We may set limits on your use of the iENROLL® Services from time to time in our sole discretion.

5.         Privacy

a.         The information that we collect from you (and your agents and end users) is subject to our Privacy Policy and applicable privacy laws available here. The Privacy Policy is hereby incorporated into this Agreement as if set forth herein.

6.         Warranties and Disclaimer

a.         We warrant that we have validly entered into this Agreement and have the legal power to do so. You warrant that: (i) you have validly entered into this Agreement and have the legal power to do so; and (ii) you have all necessary rights, licenses, consents and permissions to use your Data with the iENROLL® Services.

b.         Except for the warranties set forth above, the iENROLL® Services are licensed “as-is,” “with all faults,” and “as available.” You bear all risk of using them. iENROLL®, on behalf of itself, and its affiliates, vendors, agents, and suppliers (“Distributors”), gives no express warranties, guarantees, or conditions under or in relation to the iENROLL® Services. You may have additional consumer rights under your local laws which this Agreement cannot change. To the extent permitted under your local laws, iENROLL® and all Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose and non-infringement. iENROLL® does not warrant that: (a) the iENROLL® Services will meet your requirements, (b) operation of the iENROLL® Services will be uninterrupted or virus- or error-free, (c) that the iENROLL® Services will operate or be compatible with any other applications or any particular systems or devices, or (d) defects in the iENROLL® Services will be corrected. Any oral or written advice provided by iENROLL® or its authorized agents will not be deemed to create any warranty. Some jurisdictions do not allow the exclusion of implied warranties so some or all of the above exclusions may not apply to you. 

7.         Limitation of Liability

a.         iENROLL®’s liability with respect to any single incident arising out of or related to the delivery, use or performance of the iENROLL® Services or these terms (whether in contract or tort or under any other theory of liability) will not exceed the greater of $250.00CAD or the amount paid by you hereunder in the twelve (12) months preceding the incident; provided that in no event shall iENROLL®’s aggregate liability arising out of or related to these terms or your use of the iENROLL® Services (whether in contract or tort or under any other theory of liability) exceed the greater of $250.00CAD or the total amount paid by you hereunder.  In no event will iENROLL® be liable to you or any third party for indirect, special, exemplary, incidental, consequential and punitive damages (including, but not limited to, costs of procurement of substitute goods or Services, loss of use, data or profits or business interruption), however caused and under any theory of liability, whether under these terms or otherwise arising in any way in connection with the iENROLL® Services or these terms and whether in contract, strict liability or tort (including negligence or otherwise) even if iENROLL® has been advised of the possibility of such damage.

b.         The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law.  You agree that the above limitations of liability, together with the other provisions in these terms that limit liability, are essential terms of these terms and that iENROLL® would not be willing to grant you the rights set forth in these terms but for your agreement to these limitations of liability.

8.         Indemnification

a.         You will defend and save harmless EMREACH INC.  and its affiliates from any third party claim arising out of: (i) your use of the Services; (ii) any use or alleged use of your Accounts or your passwords by any person, whether or not authorized by you; (iii) the Data provided by you (or your agents or end users); or (iv) your violation of this Agreement.

b.         EMREACH INC. will defend you from any third party claim that your use of the Services infringes such third party’s copyright, patent or trademark, and will pay all damages finally awarded against you in such claim, provided that such indemnity shall not apply if the alleged infringement results from any unlicensed activity or a breach by you of the terms of this Agreement and provided further that you: (i) promptly give Us written notice of the claim; (ii) give Us sole control of the defence and settlement of the Claim; and (iii) provide Us all reasonable assistance, at Your expense. If EMREACH INC. settles the claim, EMREACH INC. will pay all settlement amounts on your behalf. EMREACH INC. will not be obligated to indemnify you if you violate this Agreement. If your use of the Services is restricted or prevented by a court order because of a third party’s claim of infringement or misappropriation, EMREACH INC. will modify the Services to make them non-infringing, acquire a license for you to continue using the Services, or if neither option is possible, refund to you the applicable subscription fees paid by you during the twelve (12) month period preceding the injunction. This is your sole and exclusive remedy for a third party’s infringement or misappropriation claim against your use of the Services.

9.         Export

a.         You agree that you will not export or re-export, directly or indirectly, the iENROLL® Services and/or other information or materials provided by EMREACH INC. hereunder, to any country for which an export license or other governmental approval at the time of export is required without first obtaining such license or approval from EMREACH INC. You are responsible for and hereby agree to comply at your sole expense, with all applicable export laws and regulations.

10.       Remedies

a.         You agree that a breach or a threatened breach of these Terms will cause injury or damages to EMREACH INC. for which payment of money as compensation to EMREACH INC. will not be adequate to remedy. You therefore agree that EMREACH INC. will be entitled to seek equitable relief, in addition to any other remedies it may have hereunder or at law, such as injunctions, without being required to first post a bond, other security, or proof of damage.

11. General

a.         Except as otherwise expressly set forth in these Terms, these Terms may not be modified except by a writing executed by the duly authorized representatives of EMREACH INC.

b.         No other act, document, usage or custom will be deemed to modify or amend these Terms.

c.         These Terms will ensure to the benefit of and will be binding upon each party’s successors and assigns.

d.         These Terms and the rights granted hereunder may be assigned by EMREACH INC. but you may not assign them without the prior express written consent of EMREACH INC., such consent not to be unreasonably withheld.

e.         If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired.

f.          If either party fails to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.

g.         Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence.

h.         The headings and captions contained herein are for convenience only.

i.          This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein and for that purpose the parties irrevocably and unconditionally attorn and submit to the jurisdiction of the Ontario courts.  Each party hereto irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consents to service of process by mail or in any other manner permitted by applicable law and consents to the jurisdiction of the courts of the Province of Ontario.

j.          These Terms, together with our Privacy Policy, contain the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.

Privacy Policy for iENROLL®

Effective Date: December 6th, 2024

This Privacy Policy (“Policy”) describes how EMREACH INC. (“we,” “us,” or “iENROLL®”) collects, uses, stores, and protects personal information and personal health information from users of our web-based platform designed to expedite patient access to healthcare. This Policy complies with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and applicable provincial laws governing personal health information. By using iENROLL, you acknowledge and agree to the terms described herein.

This Policy is integral to our Terms of Service. By registering for or using iENROLL, you confirm that you have read, understood, and agree to this Policy.

1. Scope

This Policy governs information collected through the iENROLL® website at https://ienroll.ca and associated subdomains, communications, and services (“Services”). It applies to all users accessing the Services across Canada. Our data collection, usage, and disclosure practices comply with PIPEDA and relevant health privacy legislation in each Canadian province.

2. Definitions

For clarity, the following terms are defined as used in this Policy:

3. Information We Collect

a) Information You Provide

iENROLL® collects information that users, primarily healthcare providers, provide directly. This may include:

b) Automatically Collected Information

We collect certain information automatically when you interact with the Services, including:

c) Third-Party Sources

With user consent, we may collect additional information from third parties, such as patient support programs or other healthcare providers, to enhance healthcare services provided through iENROLL.

4. Purpose and Use of Collected Information

iENROLL® collects and uses information for the following purposes:

5. Consent and Your Choices

a) Providing Consent

During registration, users review this Privacy Policy and must accept its terms to access iENROLL® Services. By accepting the Policy, users provide explicit consent to the collection, use, and sharing of their information as outlined herein. Continued use of the Services signifies implied consent for ongoing information handling in accordance with this Policy.

b) Withdrawing Consent

Users may withdraw consent at any time, subject to legal or contractual restrictions. Please note that withdrawing consent may affect access to certain Services. To withdraw consent, contact our Privacy Officer at privacy@ienroll.ca.

c) Electronic Communications and CASL Compliance

iENROLL® complies with Canada’s Anti-Spam Legislation (CASL). By registering, you agree to receive essential communications related to the use of iENROLL. Users may unsubscribe from optional communications via provided mechanisms or by contacting us.

6. Sharing of Information

a) Information Shared with Consent

With consent, iENROLL® may share information as follows:

b) De-identified, Aggregated Data

Aggregated, de-identified data may be used to improve iENROLL’s Services and may be shared with third parties, including healthcare partners and pharmaceutical companies, to help enhance their services. This data contains no information that identifies any individual.

c) Information Shared Without Consent

iENROLL® may disclose PI or PHI without consent if required to do so by law, including:

iENROLL® does not sell or disclose personally identifiable information to third parties for marketing or commercial purposes.

7. Data Security and Residency

a) Data Residency

All data collected by iENROLL® is securely stored in Canadian data centres and does not leave Canada, in full compliance with PIPEDA and applicable provincial privacy legislation.

b) Security Measures

iENROLL® implements several measures to protect PI and PHI, including:

c) Incident Management and Breach Notification

In the event of a data breach, iENROLL® follows a protocol for impact assessment, mitigation, and notification. We will notify affected individuals and relevant authorities as required by law.

8. Retention and Disposal of Information

iENROLL® retains PI and PHI only as long as necessary to fulfill the purposes outlined in this Policy or as required by law. Data no longer needed will be securely deleted or anonymized in compliance with legal and regulatory standards.

9. Individual Access, Correction, and Deletion

a) Access and Correction

You have the right to request access to your PI or PHI and, if necessary, request corrections. iENROLL® will respond to such requests in accordance with applicable privacy laws.

b) Right to be Forgotten

Individuals and health care providers may request the deletion of their information from iENROLL’s systems, subject to legal retention requirements. To the extent legally permitted, iENROLL® will not retain or store any personally identifiable information after receiving a request for deletion. Requests to remove data should be directed to our Privacy Officer at privacy@ienroll.ca.

10. Accountability and Governance

a) Privacy Officer

Our Privacy Officer (“PO”) is responsible for ensuring compliance with PIPEDA and applicable provincial privacy laws, overseeing privacy inquiries, and implementing this Policy. For questions or concerns, please contact the PO at privacy@ienroll.ca.

b) Employee Training and Responsibilities

All employees involved in handling PHI and PI undergo regular privacy and security training and are required to adhere to this Policy. Any privacy incidents must be reported to the PO.

c) Third-Party Accountability

iENROLL® ensures that third-party providers with access to PI or PHI agree to comply with contractual confidentiality and data security obligations. However, this Policy does not apply to services offered by third parties, including websites and other online services that our services may display links to or to advertisements appearing within the services. When you click on such links or advertisements, you will be visiting websites or interactive services operated by third parties, who have their own information collection policies and procedures. You should be aware that we do not have control over how any third party collects or uses information, so you should review their privacy policies to learn of their practices.

11. Changes to this Policy

This Policy may be updated to reflect changes in practices or legal requirements. Significant changes will be communicated via our website, and continued use of iENROLL® signifies acceptance of the updated Policy. The latest version of this Policy will always be available at https://ienroll.ca.

12. Contact Information

For questions or complaints regarding this Policy or our data practices, please contact our Privacy Officer:

iENROLL® Privacy Officer
1001 Champlain Ave, Burlington, ON L7L 5Z4
Email: privacy@ienroll.ca

For additional privacy-related inquiries, you may also contact the Office of the Privacy Commissioner of Canada or the Information and Privacy Commissioner of your province.