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Client Terms of Use

Disclaimer

SAGEnow is not intended for emergency services. Should anyone be considering suicide or at risk of either harming themselves or someone else, or have a medical emergency, local authorities should be contacted through the nearest hospital emergency room or by calling 911. Should you be aware or suspect that a child, youth or dependent adult is the victim of abuse or neglect, please contact your local protective services agency. By accessing the services on this site, you acknowledge and agree that SAGEnow is not designed for diagnosing or supporting clients affected by serious mental health conditions.

The counselling services made available through SAGEnow are provided by a network of appropriately licensed social workers, counsellors and psychotherapists that have been credentialed by SAGEnow`s parent company SAGE Solutions Inc. These professionals provide services through the SAGEnow software platform. SAGEnow  offers a technology-based platform and service to allow clients in need of counselling to access peer-credentialed counsellors qualified as social workers, psychologists or psychotherapists in the jurisdiction where they practice.

Children and Youth

SAGEnow does not knowingly permit individuals under the age of 16 to create accounts or to access services. A parent or legal guardian who fully accepts the terms of use here described must support SAGEnow services for children and youth. By using the site, you confirm that you are at least 16 years of age or you have been authorized by your parent or guardian to agree to the terms, create an account, and use the Services

Limits of Liability

Clients agree that all SAGE Solutions Inc and SAGEnow employees, directors, service partners, or representatives are not responsible or liable for any direct or indirect damages, including but not limited to, losses of revenues, malpractice, pain and suffering, personal injury/wrongful death, business interruption, medical costs, loss of data, cost of substitute services or any losses that may have resulted from use of the site or its services. SAGEnow’s total liability to any client or third-party customer resulting from claims or actions shall not exceed the paid fees for the services.

Indemnification

By accessing the services, you agree to indemnify, and hold harmless SAGE Solutions Inc. and SAGEnow owners, directors, employees, agents and service partners harmless from and against any legal claims, losses, expenses, damages, actions, demands, liabilities and settlements, resulting from, or alleged to result from violation of these terms and conditions.

By agreeing to use the SAGEnow site and services, you agree to resolve any claim, action or dispute under the laws of the Province of New Brunswick in Canada. The laws of the Province of New Brunswick shall govern this document and any claims that may arise, without regard to conflict of law provisions. You attorn to the jurisdiction of New Brunswick and agree that any legal dispute between you and SAGEnow, Sage Solutions Inc. or any of their subsidiaries, affiliates, parents, directors, officers or employees shall be resolved by arbitration to be conducted in the City of Moncton in the Province of New Brunswick pursuant to the New Brunswick Arbitration Act, c. 100, S.N.B. You renounce the right to start a legal action, in any jurisdiction, against SAGEnow, SAGE Solutions Inc. or any of their subsidiaries, affiliates, parents, directors, officers or employees.

Use of the Site

SAGE Solutions Inc. (“SAGE”, “we”, “us”, or “our”) operates a website and mobile applications (SAGEnow) that enable clients seeking personal, couple or family counselling or psychotherapy services (“Services”) to access and/or hire a credentialed Masters or Doctorate level professional (“Service Partner”) through on-line communication formats. By using the Site, you agree to these Client Terms of Use. If you do not agree to these terms, you are not authorized to use the services. Use of the Services in any manner confirms that you agree to the SAGEnow Client Terms of Use.

Hyperlinks

Links and referrals are for client convenience and are not to be considered as an endorsement or service recommendation by SAGE Solutions Inc. or SAGEnow. We are not responsible for the content or accuracy of linked websites or advertisements. Client use of linked or sponsoring websites is at their own risk.

Counselling Services

All the Service Partners registered to offer services through SAGEnow are independent professionals whose credentials have been peer reviewed according to the industry’s highest standards. Service Partners are individually responsible for the services they offer and for complying with the regulatory and licencing requirements of their jurisdiction. Neither SAGEnow nor any third party who promotes or offers the Services shall be liable for the professional advice obtained from Service Partners using the SAGEnow platform unless otherwise specified by contractual arrangements with customers and clients from SAGE Solutions Inc.

Informed Consent

The SAGEnow Video Counselling Services offers a secure, real-time, interactive audio and video format to access to qualified counselling and mental health care professionals. The technology allows the client and the counselling professional to have confidential discussions while being in different physical locations and jurisdictions. When using the platform, you, the client accept that should you wish to file a complaint or pursue legal action against the therapist(s) you have dealt with through SAGEnow, you have to do so according to the laws of the jurisdiction where the therapist is located no matter where you reside. You also fully accept and give consent to accessing a registered Canadian clinical counselling service provider that may be licenced by a provincial regulatory body that is outside of their home provincial boundaries.

The SAGEnow services you receive from Service Partners are not intended to replace a service that has been recommended by your primary care physician or therapist. Arrangements for follow-up care may be provided either through SAGEnow Service Partners or other recommended services or healthcare professionals.

SAGEnow offers convenience and removes many barriers often associated to timely access of quality counselling and mental health services. Clients accepting to use the services acknowledge that some potential risks may be associated with the use of the services which may include but not be limited to:

  • In some rare instances, information shared may not properly transmit to the Service Partner (e.g., poor audio responses) to allow appropriate recommendations by the attending Service Partner.
  • Failures of electronic equipment or internet services may result in delays or service inaccessibility. If possible or deemed appropriate, Service Partners may choose to contact you by phone or other appropriate means of communication.
  • SAGEnow attempts to ensure that all its services use the most advanced forms of internet technology and encryption. SAGEnow cannot accept responsibility for the quality of internet services for computers or mobile devices.
  • Given the nature of the Internet and digital environments, SAGEnow does not accept responsibility nor liability for lost, revealed or transmitted data due to illegal actions, technology hacking, criminal activity, or failures of technological equipment. These risks are accepted by clients of SAGEnow by agreeing to use the services.
  • SAGEnow takes the confidentiality and security of your information very seriously. All video and client-based means of communication are encrypted with software security protocols to protect the privacy and security of information. You understand by using this service that in extremely rare instances, security protocols may fail, creating a risk for breach of privacy.

By accepting SAGEnow’s Client Terms of Use, you confirm that you understand and agree with the following:

  • Although you can expect benefits from the use of SAGEnow services, you also recognize that results cannot be guaranteed or assured.
  • You are responsible for payment of the services. Services may not be eligible for reimbursement by health or other forms of insurance plans or may be insufficient to cover the costs in their entirety.
  • Service Partners are free to determine the appropriateness of the services and may refuse to provide video counselling or other forms of services.
  • SAGEnow, at its sole discretion, reserves the right to deny access to the site to anyone or remove material that is considered abusive, obscene, discriminatory, illegal, disruptive or that otherwise fails to conform to these terms and conditions. SAGEnow is not responsible for any delays or failures to remove this form of content.
  • To receive e-mails from SAGEnow and other forms of electronic marketing communications concerning services.          

SAGEnow Application Privacy Policy

SAGEnow allows health care providers to enhance their service with secure video consultations, and patients to consult health care providers from the privacy and convenience of the location they choose. This means personal information and personal health information is collected by SAGEnow. This information is highly sensitive and protected by the Personal Information Protection and Electronic Documents Act (Canada) (PIPEDA) and/or all applicable provincial and territorial personal health information protection legislation throughout Canada. SAGEnow is committed to safeguarding it at the corresponding levels. This Privacy Policy describes the physical, technological and administrative measures we implement to safeguard personal and personal health information collected by the SAGEnow application. We comply with Canadian privacy law and we honour the trust of our users by taking every necessary measure to protect personal and personal health information.

By law, personal information is information that relates to an identifiable individual, to the exclusion of business contact information (name, title, work address, work phone number or work email address). Personal health information includes information that relates to an identifiable individual’s health, physical or mental, health history including family health history, or medical treatment.

Read on to learn more, and if you have questions, feel free to reach our Designated Privacy Contact, Chief Privacy and Security Officer, Nicholas Chepesiuk: , 1-647-964-4134.

Please note: The Privacy Policy for the SAGEnow application and website have the same intention and purpose, but because of the differences in technology and delivery make reference to different elements.

The Privacy Policy for the SAGEnow website can be viewed at: www.sagenow.ca/legal/privacy-policy/

Our Commitment

SAGEnow will never collect, use or disclose personal or personal health information without the consent of the individual it relates to.

SAGEnow safeguards personal and personal health information on the basis of risk assessments and industry standards regarding physical security, technological security and administrative policies and processes, as explained further below.

SAGEnow complies with all applicable personal health information legislation where it operates.

How We Protect the Information We Collect

SAGEnow protects personal and personal health information through integrated physical, technological and administrative safeguards:

Physical safeguards:

SAGEnow premises are divided into secure areas where electronic equipment and personal and personal health information cannot be accessed without authorization.

Access is controlled by a code and monitored in a manner that keeps all personal and personal health information secure from unauthorized access.

Technological safeguards:

SAGEnow stores all personal and personal health information in Montreal, Canada, with Amazon Web Services Secure Cloud (AWS). AWS is certified as compliant with ISO/IEC Standard 27018:2014 Code of practice for protection of personally identifiable information (PII) in public clouds acting as PII processors. In addition to the independent certification process under ISO/IEC 27018:2014, this standard also includes the right to audit AWS for compliance.

 The secure video and/or text consultation is encrypted with the AES cipher using 128-bit keys. Here are the details of our encryption:

  • The basic voice, video, and text traffic are converted into cipher, a form which cannot be understood by anyone except authorized parties.
  • The conversion is done with random keys that change from the beginning to the end of the conversation to make it even more secure.
  • The keys last a short period of time and are neither stored nor persistent anywhere.

SAGEnow destroys or anonymizes all personal and personal health information when it is no longer necessary to deliver service.

SAGEnow employees can only gain technological access to personal information or personal health information collected by SAGEnow:

  • With a robust password, based on required elements.
  • Upon authorization, granted strictly on a need-to-know basis, defined according to job requirements.

Access is monitored through technological audit trails and audit trails are regularly reviewed to ensure compliance.

Administrative measures:

SAGEnow has appointed a Designated Privacy Contact, mentioned above, who acts as Chief Privacy and Security Officer (CPSO) responsible for information systems monitoring and information security policy and procedure management.

The CPSO is responsible for compliance with SAGEnow’s privacy program including:

  • Undertaking threat and risk assessments on a regular basis and as systems are approved
  • Adopting policies and procedures on the basis of threat and risk assessments to mitigate all identified risks and updating these policies and procedures as necessary.
  • SAGEnow users may access their personal information by accessing their account and, should they require assistance, by contacting our CPSO.
  • Upon the express request of a user, SAGEnow will immediately close the user’s account and destroy or anonymize all personal information related to that account.
  • SAGEnow completes background checks on all its employees before they start employment.
  • Contractors are held to the same high level of protection of personal and personal health information as SAGEnow through contractual agreements, including audits, based on SAGEnow’s Privacy Policy and procedures.
  • SAGEnow senior management receives regular reports on privacy compliance.

How We Use the Information We Collect

  • SAGEnow will never use personal or personal health information for purposes other than those for which it is provided — with express consent — and those necessary to deliver the service requested by the user.
  • SAGEnow will never sell the personal information or personal health information it collects, nor otherwise make any such information available to a third party in exchange for remuneration.
  • SAGEnow will never disclose personal or personal health information, except as required by law and upon demonstrated lawful authority. SAGE reserves the right to share basic client contact information with authorized IT personnel for the proper operation and delivery of client service requests.
  • Should SAGEnow conduct market or product research, it will never use personal nor personal health information, which is traceable to any individual; rather, it will fully anonymize information, meaning the risk of this information being traced back to a given individual is reduced to the greatest extent possible.
  • Should SAGEnow offer users the opportunity to receive relevant information on products or services, or promotions, SAGEnow will seek the users’ explicit consent to exercise that option.

Breach Response

Experience tells us that there is no total guarantee against data breaches. However, as described above, SAGEnow has taken all reasonable measures to prevent breaches.

Furthermore, in the event of a breach, SAGEnow would immediately mitigate its impact by:

  • Notifying users at the first reasonable opportunity, namely as soon as we identify the breach.
  • Applying remedial measures immediately.

Ensuring Patients Meaningful Consent

To ensure SAGEnow patients’ meaningful consent, SAGEnow provides relevant information in this Privacy Policy, our website Privacy Policy, as well as through the availability of our Designated Privacy Contact, Nicholas Chepesiuk, , 647-964-4134, and subjects the use of SAGEnow secure video consultations to the following patient consent form.

To proceed with registration for SAGEnow secure video consultations, a patient must expressly agree to the terms of the following consent policy and form.

SAGEnow Secure Consultation

SAGEnow Inc. adheres to the federally regulated privacy standards outlined in the Personal Information Protection and Electronic Documents Act (PIPEDA) and relevant provincial legislation related to the rights of individuals to know the contents of information kept about them. Client privacy and confidentiality is extremely important to SAGE Solutions Inc, the SAGEnow brand and its Service Partners. The SAGEnow Privacy Policy provides important information regarding the information we collect and its uses. 

Definition of Personal Information

SAGENOW COLLECTS PERSONAL INFORMATION. BY ACCESSING THE SERVICES, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE, PLEASE DO NOT ACCESS THE SERVICE. 

Personal Information is information that is can be personally identifiable to you, including but not limited to;

  • Name, address, age, email address, telephone number username, password, and other registration information, or other personally identifiable non-public health-related information.
  • Billing information such as credit card information or insurance ID numbers
  • Information concerning the computer or mobile device hardware being used including browser, and other related information about how the Site is being used
  • Other information you input into the Site or related services

Use of Personal Information

Personal information gathered by SAGE Solutions Inc through its applications SAGEnow may be used for the following purposes.

  • To provide the requested Services
  • To improve the quality of services through the analysis of provided outcome reviews and questionnaires
  • To offer notifications related to application and website updates
  • To market SAGE Solutions and SAGEnow and promote the available services
  • To prepare aggregate confidential non-identifying statistics relating to the use of the service for sponsoring companies or groups who are responsible to assume the costs of the services for a given group.

Patient Consent Form

I agree to SAGEnow secure video or text consultations with a health care provider based on the following information:

  • SAGEnow will collect my name, the name and contact information of the health care provider (including their specialization), as well as the time of our appointments.
  • SAGEnow consultation will occur on a secure video feed, safeguarded as described in the SAGEnow Application Privacy Policy.
  • SAGEnow will not use my personal or personal health information without my consent except as necessary to provide its services.
  • SAGEnow will never sell my personal or personal health information, nor otherwise make any of my personal information available to a third party in exchange for remuneration.
  • SAGEnow will never disclose my personal information except as required by law and upon demonstration of lawful authority.
  • Upon my express request, SAGEnow will immediately close my account and destroy or anonymize all personal information related to my account.

Disclosure or Personal Information May be Necessary

  • To our subsidiaries and Service Partners on a must know basis as defined by SAGE Solutions Inc and SAGEnow.
  • To contractors, service partners and other customers who are bound by oath and contractual obligations to honour confidentiality of client information and use it only for the intended purposes for which it was disclosed.
  • As required by laws and regulatory practices of the jurisdiction where the Service Partner is licenced to practise.
  • When SAGE Solutions Inc., SAGEnow, or any of its Service Partners, personnel, or Service Partners, believe that disclosure is required to protect an individual’s safety.
  • To buyers or other successors in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of SAGE Solutions Inc. and SAGEnow’s assets whether in the context of a bankruptcy, liquidation or similar proceeding, in which client Personal Information that is maintained by the application and website is among the assets transferred.

Information Collected through Technology

When the app is accessed, certain information may be passively collected by cookies, to monitor some f activities and content searches being undertaken. SAGE Solutions Inc and SAGEnow may collect basic technological information such as the Internet protocol address, browser type, connection speed and access times.

Cookies may be used to facilitate advertising and to protect both our clients and our Service Partners. Browsers may be programmed to stop cookies, which will necessarily prevent use of SAGEnow services.

Certain features of SAGEnow App may use GPS technology to collect information regarding your location so that an appropriate Service Partner may be identified in proximity to your location.

SAGEnow may also retrieve non-personal information from your mobile device or compute in order to assist us in providing you with the most relevant information for your requests. Should the SAGEnow application malfunction on your mobile device the information regarding your mobile device model software version and device carrier, may allow us to improve the service’s performance.

Please note: The Cookie Policy for the SAGEnow application and website have the same intention and purpose, but because of the differences in technology and delivery make reference to different elements.

The Cookie Policy for the SAGEnow website can be viewed at: www.sagenow.ca/legal/cookie-policy/

Destruction of Information

Requests for deletion of Personal Information may be made subject to legal or regulatory requirements.  Once deleted, personal information may remain archived. We also reserve the right to retain anonymous data regarding use of SAGEnow and its service.

The clinical records prepared by the SAGE Service Partner is maintained by the professional service partner for a period no less than six years.

Information Security

All possible means including encryption are utilized to prevent unauthorized access to personal information. Due to the limits and inherent risks of using the internet and email, SAGE Solutions Inc.and SAGEnow cannot totally guarantee full security of all information transmitted and is done at the service user’s own risk.

Violations

Please ensure that any perceived or real security violations are reported to SAGEnow through email at or our Designated Privacy Contact at or 1-647-964-4134,

Policy Changes

SAGEnow reserves the right to modify or change this policy as required. Revisions will be posted immediately and will be binding on clients. (Please see revision date at the bottom of this page.)

Messages to Service Partners

Messages may be sent to your counsellor by contacting SAGEnow at 1-800-390-3258.

SAGEnow or its Service partners may contact clients by phone or email to schedule or reschedule appointments. By providing your contact information and agreeing to these Terms of Use, you are consenting to allow SAGEnow representatives or Service Partners to leave messages.  Should you prefer not receiving such communication, we would ask that you contact SAGEnow at

Account Closure

Client accounts may be closed by contacting . SAGEnow reserves the right to close an account and deny access to services for any reason at any time. Service Partners may be obliged to continue offering services according to the regulations and ethical requirements of their jurisdiction.

SAGEnow Terms of Service

Once an account is created, users are given an access to the services for their personal non-commercial use only. SAGEnow reserves the right to refuse access or deny services to anyone at any time. Clients acknowledge that they will not nor will they  attempt to: (i) provide falsified information or other misrepresentations (ii) use the services illegally or to support illegal actions; (iii) cause harm to the site through dissemination of viruses or codes (iv) Use abusive language or actions with Service Partners or other SAGEnow personnel.  Client using the service also agree to actively participate in all aspects of the service and:

  • Inform your service provider of any medical condition, disability, or cultural need that may require our awareness or accommodation;
  • Treat others with fairness, honesty and respect, including maintaining the privacy of other clients;
  • Give the Service Partner 24-hours notice (1 business day) to cancel or reschedule an appointment by contacting them through the SAGEnow application, or by sending and email to . Failure to provide sufficient notice may result in fees. 
  • Clients are solely responsible for protecting the confidentiality of information or passwords for access to their account and are fully responsible for the losses that may occur as a result of wrongful use of accounts or passwords used with or without their knowledge.
  • SAGEnow reserves the right to change this Agreement or any part hereof without notice and at any time. Clients agree to be bound to all changes to this agreement.

SAGEnow Client Rights

All SAGEnow clients have the right to be treated fairly, honestly and respectfully with regard to race, culture, gender, age, disability, sexual orientation, spiritual, or political beliefs. You have the right to change service partners if for any reason you are not comfortable or satisfied. To do this, please contact SAGEnow at . You also have the right to discontinue services at any time although we highly encourage you to advise your service provider before doing so.

Terms of Purchase

By creating an account clients agree to assume all costs according to the established rates. By creating an account and giving SAGEnow credit card or payment information, clients authorize SAGEnow to immediately debit the provided credit card or account for all fees and transactions costs payable for the services. Should fees be covered in either entirely or partially through a third party entity such as insurances or employers, costs will be adjusted accordingly. Clients are solely responsible to determine if services are eligible for reimbursement and clients agree to be fully and solely responsible for all costs associated with the uses of the services.  

Data Transfer Costs of Electronic Devices

By agreeing to use the services, clients recognize and acknowledge that internet and mobile devise may also impose separate and additional rates and fees as applicable under their provider agreements.

Copyright

The SAGE Solutions Inc and SAGEnow services and the application and website’s content are protected by copyright and is the property of SAGE Solutions Inc. and is intended for exclusive use by authorized clients, customers and services partners. The information is not to be copied, disseminated or distributed in whole or in part to any individual, group, company or Ministry without permission. Any such use is unauthorized and will be deemed an infringement of copyright.

Geographical Restrictions

SAGEnow makes no claim or representation that services available through the application and website, are appropriate or available in all geographic locations.

Service Partner Profiles

SAGEnow offers Services Partners the opportunity to upload biographical and professional background information to enable clients to assess information regarding their professional education and experience and stated areas of specialization. Service Partners are solely responsible for the accuracy of the content of their profiles. SAGE Solutions Inc. and SAGEnow does not accept liability for the accuracy of the content of Service Partner information. Although SAGEnow requires proof of credentials by reviewing key documents of Service Partners, we do not guarantee the validity of educational degrees, qualifications, licenses, or other credentials that are provided to us by Service Partners. Professionals are solely responsible for the accuracy and validity of the information and credentials they provide in support or their practices.

Reporting a Professional

All SAGEnow professionals have been reviewed by a committee of peers to ensure due diligence and ascertain that they hold the minimum of a Masters or doctorate degree and are properly licenced and credentialed to practice in their jurisdiction. SAGEnow cannot however be held responsible or liable for fraudulent credentials or claims by it Service Partners. Status of a Service Partner’s professional registration could occur without notice. SAGEnow recommends that clients confirm the good standing of their Treatment Provider with the appropriate licensing association of the Service Partner’s jurisdiction.

Your concerns matter to us. Complaints concerning the services provided by a SAGEnow professional may be made by contacting or the professional association or College where the professional is registered. Sexual intimacy or advances by a professional Service Partner is never considered appropriate and should be reported immediately.

Confidentiality Limits

Information gathered by Service Partners may be shared within SAGEnow Inc. or its authorized agents for case management, quality assurance and clinical administration purposes. Service Partners and SAGEnow are required by law to report actual or suspected child abuse and by professional standards to do whatever is necessary to protect life when there is clear and imminent danger to self or others. We are also required to report to authorities when we become aware that a health professional has demonstrated sexual behaviour towards a client.

Information or case records may only be released to external sources with you and/or your parent or legal guardian’s written and informed consent, or as required by law or court order. You may access your own record by arrangement with your service provider.

To ensure that sound practices and excellent services are provided, clinical files may occasionally be subjected to confidential third-party audits. Please be aware that e-mail correspondence sent from a workplace e-mail address to our company may jeopardize confidentiality, as workplace computers may be equipped with surveillance mechanisms.

Miscellaneous

These Terms of Use are governed by the laws of the Province of New Brunswick and the applicable federal Canadian laws. The parties involved in a dispute arising from these Terms of Use agree to address the matter by arbitration in New Brunswick, Canada, as provided for above.

Nothing in this agreement shall be construed as making either party, the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, nor hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

Latest Update: July 30, 2019