Canadian Notice of Privacy Practices

1. General Information About This Notice

This Notice describes how your personal information, including personal health information, is collected, used, and disclosed by the individual Gameday Men’s Health clinic, which is an independent franchisee of Gameday Men’s Health network of clinics in Canada “GMH Clinic”, “we”, “us” or “our”) in the context of services offered by the GMH Clinic, and how you can get access to this information. We will only collect, use, and disclose your personal information in accordance with this Notice unless otherwise required by applicable law.

This notice should be read together with:

any other privacy statements and forms available at our locations where products and services are provided, e.g., when you sign any consent forms for specific services; and
Gameday Men’s Health’s Privacy Policy which outlines how Ream Franchise Group LLC D/B/A Gameday Men’s Health (henceforth, “Gameday Men’s Health”) collects, uses or discloses your personal information when you access https://gamedaymenshealth.ca/.

We will only collect, use or disclose your personal information in accordance with this policy unless otherwise required or permitted by applicable law. This policy applies to information we collect, use or disclose when you communicate with us via email, text or on the phone regarding our services or when you sign up for or use our services.

We and the healthcare providers who provide services to you understand the responsibility that comes with collecting, using, and sharing your sensitive personal information, including personal health information, and are committed to protecting your privacy.

2. Relationship between Gameday Men’s Health and GMH Clinics

Gameday Men’s Health’s is the operator and franchisor of the “Gameday Men’s Health” network of clinics in Canada and the “GMH Clinic” is an independent franchisee that operates the clinic where you have elected to receive products or services provided under the ‘Gameday Men’s Health’ brand.

GMH Clinics and their associated healthcare practitioners retain control over your personal health information, e.g., your patient data, and any other personal information you directly share with us, and may be referred to as a “health information custodian”, a “covered entity” or a “controller” depending on the context of the collection, their location and the privacy laws applicable to them. However, as described in further detail below, GMHClinics may:

Receive some personal information from Gameday Men’s Health, for instance, when you schedule an appointment through their website; and share some personal information with Gameday Men’s Health for purposes related to service provider and technology administrations and systems.

Please Review This Notice Carefully.

3. Canadian Privacy Practices

A. Our Commitment To Your Privacy - Purpose of this Notice

We are required by law to maintain the privacy of your personal information, and to provide you with a notice of our legal duties and privacy practices with respect to such information. This Notice describes legal rights, advises of our privacy practices and outlines how we are permitted to collect, use and disclose your personal information.

This Notice contains the following information:

What is personal information?
How we may collect, use and disclose your personal information
Our obligations concerning the collection, use and disclosure of your personal information
Your privacy rights in your personal information

We reserve the right to revise or amend this Notice without any further notice to you. Any revision or amendment to this notice will be effective for all of your records that our practice has created or maintained in the past, and for any of your records that we may create or maintain in the future. Our practice will post a copy of our current Notice in our offices in a visible location at all times and on our website, and you may request a copy of our most current Notice at any time by contacting the Privacy Officer identified below. Your continued use of our services signifies your consent to these changes.

B. What Is Personal Information?

For the purposes of this Notice, “personal information” is any information about you or that identifies you.

Personal information includes personal health information, which includes any information:

concerning your physical or mental health;
concerning any health service provided to you;
concerning any donation by you of any of your body parts or bodily substances, or is derived from the testing or examination of any such body parts or bodily substances;
collected in the course of providing health services to you; or
collected incidentally to the provision of health services to you.

C. We Collect Your Personal Information In The Following Ways

As a general rule, we collect personal information directly from you. For example, we collect your personal information when you complete and submit a form to us, attend a consultation or an appointment, request services from us, or otherwise communicate with us. In other circumstances where personal information that we collect about you is held by a third party, we will obtain your permission before we collect this information from the third party (such permission may be given directly by you or implied by your actions). For example, if you undergo a laboratory test (e.g., blood test) at our request, you consent to our collection and use of the test results to assist us with providing you with treatment and other services that you request from us. We may also receive personal information about you from Gameday Men’s Health in limited circumstances, including when you:

Book an appointment through the Gameday Men’s Health website or digital platforms
Submit an inquiry, intake form, or lead form through marketing or advertising channels
Communicate with Gameday Men’s Health through online, phone, or digital engagement tools

This information may include your name, contact information, and basic details about your service inquiry, and is shared with the Clinic for the purpose of facilitating your care, scheduling, and patient experience.

We otherwise collect and use your personal information for the purposes described in Section D below.

D. We May Use Or Disclose Your Personal Information In The Following Ways

Generally, we may use and disclose your personal information for the following purposes:

Treatment: We may use your personal information to provide you with any treatment and other services that you request. This includes the provision, coordination, or management of health care and related services by one or more health care providers, including the coordination or management of health care by a health care provider with a third party; consultation between health care providers relating to you; or the referral of a patient for health care from one health care provider to another. Any of the people who work for our practice including, but not limited to, our doctors, mid-level clinicians and nurses, or indirectly with any provider we refer you to, may use or disclose your personal information in order to treat you, or to assist others in your treatment. Additionally, we may disclose your personal information to others who may assist in your care, such as your spouse, children, or parents, if you have designated in writing these individuals to receive your personal information.
Payment: Our practice may use and disclose your personal information in order to bill and collect payment for the services and items you may receive from us. For example, we may contact your health insurer to certify that you are eligible for benefits (and for what range of benefits), and we may provide your insurer with details regarding your treatment and health status to determine if your insurer will cover, or pay for, your treatment. We also may use and disclose your personal information to obtain payment from third parties that may be responsible for such costs, such as family members or insurance companies. Also, we may use your personal information to bill you directly for services and items. We will not use or disclose more information for payment purposes than is necessary.
Health Care Operations: We may use and disclose your personal information to operate our business. As examples of the ways in which we may use your information for our operations, our practice may use your personal information to evaluate the quality of care you receive from us, or to conduct cost-management and business planning activities for our practice.This include the use and disclosure of your personal information among the entities within the GameDay Men’s Health franchise system as outlined in more detail below.
Gameday Men’s Health: We share your personal health information with Gameday Men’s Health for the purposes related to service provider and technology administrations and systems..
Appointment Reminders: We may use and disclose your personal information to contact and remind you about your appointments. If you are not home, we may leave this information on your answering machine or in a message with the person answering the phone (or to send you a text).
Sign In Sheet: We may use and disclose your personal information by having you sign in when you arrive at our office. We may also call out your name when we are ready to see you.
Treatment Options: We may use and disclose your personal information to inform you of potential treatment options or alternatives.
Health-Related Benefits and Services, and Marketing Communications: If you opt-in to receive marketing communications, we may use and disclose your personal information to contact you about health-related benefits or services that may be of interest to you. You may opt-out of receiving such marketing communications at any time by following the “unsubscribe” mechanism in each marketing communication or by contacting us. For clarity, by requesting any treatment or services from us, you agree to receive transactional communications about such treatment or services that you cannot opt-out of.
Release of Information to Designated Individuals: We may use and disclose your personal information to any individual that you have designated in writing.
Disclosures Required by Law: We may use and disclose your personal information when we are required to do so by federal, provincial, territorial, or municipal law.

Some of the people who work for our practice may be regulated health professionals with obligations as health information custodians (or analogous designations) under provincial legislation, and you hereby consent to: (i) their collection, use and disclosure of your personal information for the purposes of providing the services you have requested; (ii) their disclosure of your personal information to other health information custodians and non-health information custodians for the purposes stated in this Notice; and (iii) the storage of records of your personal information in a place outside of their control, if permitted by applicable laws.

E. Your Personal Information Outside Of Your Jurisdiction Of Residence

Since we may share your personal information with third parties, as described in this Notice, your personal information may be collected, used, processed, stored, or disclosed outside of your jurisdiction of residence, including in Canada and the United States. As such, your personal information may potentially be accessible to law enforcement and national security authorities of another jurisdiction where local laws provide for a different level of protection for personal information. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security agencies in those other countries may be entitled to access your personal information.

If you would like further information about our policies and practices regarding the third parties (including our service providers) with whom we disclose your personal information and how these third parties collect, use, disclose, and store personal information, please contact our Privacy Officer using the contact details below.

By signing this Notice, you consent to our disclosure of your personal information to our service providers and other third parties as described in this Notice, including those that may be located outside of your jurisdiction of residence.

F. Use And Disclosure Of Your Personal Information In Certain Special Circumstances

Without limiting the generality of any other provisions in this Notice, you also consent to our use of your personal information in the following special circumstances:

For our use in obtaining payment for services provided or in other health care operations.
To another health care provider or entity for the payment activities of the provider or entity that receives the information (such as your hospital or insurance company).
To another health care provider for the health care operational activities of the entity that receives the information, as long as the entity receiving the information has or has had a relationship with our patients, and the personal information pertains to that relationship.
For health care fraud and abuse detection or for activities related to compliance with the law.
To a family member, other relative or close personal friend or other individual involved in your care, if you have designated them in writing as such individuals.
To a public health authority in certain situations (such as reporting a birth, death, or disease as required by law, as part of a public health investigation, to report child or adult abuse or neglect or domestic violence, to report adverse events such as product defects or to notify a person about exposure to a possible communicable disease) as required by law.
For health oversight activities including audits or government investigations, inspections, disciplinary proceedings and other administrative or judicial actions undertaken by the government (or their contractors) by law to oversee the health care system.
For judicial and administrative proceedings as required by a court or administrative order, or in some cases in response to a subpoena or other legal process.
For law enforcement activities as permitted under applicable law.
To avert a serious threat to the health and safety of a person or the public at large.
For workers’ compensation purposes and in compliance with workers’ compensation laws, if you make such a request.
To coroners, medical examiners and funeral directors for identifying a deceased person, determining cause of death, or carrying on their duties as authorized by law.
If you are an organ donor, we may release your personal information to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank, as necessary to facilitate organ donation and transplantation.

G. Your Rights In Your Personal Information.

You have the following rights in your personal information:

The right to access, correct, or delete any of your personal information that we have collected about you and that you can demonstrate is inaccurate or incomplete and the right to receive an accounting of our use of your personal information and of the third parties to whom it has been disclosed. This means you may contact us to request our records that contain your personal information. We may not accommodate a request to change your personal information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may also request specific information from you to: (i) help us confirm your identity and your right to access such personal information; (ii) provide you with the personal information that we hold about you; and (iii) make your requested changes to your personal information. Applicable laws may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or which we may have destroyed, erased, or made anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons, subject to any legal or regulatory restrictions. If you are concerned about our response or would like to correct the information provided, please contact us using the details below.
The right to withdraw your consent at any time. However, if you choose to withdraw consent, we may not be able to provide the services that you have requested. In such cases, we will explain to you the consequences of withdrawing consent.
The right to request that we restrict the uses and disclosures of your personal information. You have the right to request that we restrict how we use and disclose your personal information that we have for treatment, payment, or health care operations, or to restrict the information that is provided to family, friends and other individuals involved in your health care. However, if your personal information is required to provide emergency treatment, then we may use your personal information or disclose your personal information to a health care provider to provide you with emergency treatment. You have a right to request that we restrict the disclosure of your personal information to a health plan for payment if you have paid in full for the services and items provided in that visit.
If you have questions or if you wish to file a complaint or exercise any rights listed in this Notice, please contact our Privacy Officer using the details below:

Gameday Men’s Health
2035 Corte Del Nogal
Suite 160, Carlsbad, CA 92011

gamedaymenshealth.com
858-252-9202