Privacy policy

1.OUR APPROACH

This Privacy Policy sets out how we, Planet Medical Limited (“we”, “us”, “our”), handle Personal Information that is collected, used, and disclosed in connection with the use of our website,  www.frommars.com/ca  (our “Site”). We are a company incorporated in United Kingdom under company number 12862762. Our registered office address is 28 Chipstead Valley Road, Coulsdon, Surrey, United Kingdom CR5 2RA.  

Your use of our Site to place orders is subject to this Privacy Policy, as may be amended from time to time. If you do not agree with this Privacy Policy, you should not use our products or services.

We are committed to protecting your privacy, by complying with applicable privacy laws in Canada, and specifically the Personal Information Protection and Electronic Documents Act (Canada) and the applicable provincial legislation, such as the Personal Health Information Protection Act (Ontario) and the regulations thereunder.

In order to fulfil your order, we need to transfer your data to third parties, specifically our authorized physicians and authorized non-physician providers, such as nurse practitioners, physician assistants, pharmacists, and partnering pharmacies  (collectively, “Healthcare Practitioners” or “HCPs”). This Privacy Policy refers to the HCPs  jointly as our “Partners”. Our Partners may also share Personal Information (defined below) about you with us, which we will use in accordance with this policy.

You can find out about our responsibilities for our collection and use of your Personal Information, and your rights in relation to your Personal Information by reading this Privacy Policy. This Privacy Policy also details our Partners’ responsibilities and use of your Personal Information in relation to your orders on our Site. It also explains where you can find out further information from the Partners directly. If anything about this Privacy Policy is unclear to you or if you have any questions, please contact us at [email protected]

2. THE INFORMATION WE COLLECT AND HOW WE COLLECT IT

This Privacy Policy uses the term “Personal Information” to refer to information relating to an identified or identifiable individual. When you place an order on this Site, we may collect, store, and use some or all of the following categories of information about you:

Identity Information

  • Personal contact details such as your name, title, address(es), telephone number(s), and email address(es).
    • Date of birth.
    • Physical characteristics such as your age, weight, height and gender;
    • Health insurance information, if applicable;
    • Our site  user names and passwords.

We collect Identity Information provided voluntarily by you. For example, when you register with or use our Site to buy medication (by entering your name and address when providing prescription details or completing and submitting our online medical consultation questionnaire for review).

We also collect Identity Information when you contact us (by email, telephone including SMS or otherwise) to ask a question or request information. 

System Information

When you log in to your account through the Site, we automatically collect information about your use of the Site including details of your visits such as pages viewed and the resources that you access. This information will include traffic data, location data, IP address, browser, operating system, referral source, length of visit, clickstream data, and other communication data.

We collect System Information when you interact with our Site.

Personal Health Information

You may choose to enter or upload your Personal Health Information to our Site. Personal Health Information is a sensitive category of Personal Information that includes information relating to the provision of health care. Subject to your explicit consent or where we are legally permitted to process such data for health or legal purposes, and subject to relevant conditions and safeguards, we will also collect, use, and share your Personal Health Information, including your prescription requirements, your medical history, and the medical history of your family, where appropriate. The Personal Health Information we collect and use will be kept confidential and will never be used for direct marketing purposes without your explicit consent.

To provide you with our Services (as defined in section 2 of the Terms of Use) , we will need to process and share Personal Health Information related to your diagnosis and treatment with our Partners. When doing so, we will comply with all applicable provincial and federal privacy laws. We will identify the express purposes for which we will process your Personal Health Information and will only do so with your explicit consent (for example, where you have consented to us accessing your health data contained in your health questionnaire so that we may provide our services to you) or where we are legally permitted to process such data for health or other purposes, subject to relevant conditions and safeguards. We will never share your Personal Health Information with our Partners (or any other third party) for direct marketing purposes without your express consent.

3. HOW WE WILL USE YOUR PERSONAL INFORMATION

Providing our services

As part of the provision of our services, we use the Personal Information that we collect from you to:

  • facilitate and administer your access to our Site and your use of the Site’s functionality;
  • register you as a user of our services;
  • process and track your orders and provide your details: (a) to our HCPs to assess your medication needs and to determine whether it is clinically appropriate to diagnose you and subsequently prescribe appropriate medication; and (b) to the pharmacies to enable the pharmacies to dispense the medication to you and process your payment and / or insurance plan, if applicable;
  • contact your family physician if one of our HCPs determines it is in your best interests to do so. If you provide us with the contact details for your family physician we, or our Partners, may contact them to discuss your diagnosis or prescription, where applicable;
  • provide you with our helpline for and enquiries, complaints, or requests relating to your use of the Site and its services and orders placed by you;
  • manage our relationship with you (for example, to notify you of any issues, or any advisory cautions we receive from suppliers or pharmaceutical companies in relation to any medication or products you have ordered through our Site, to notify you of any changes to our terms or to ask for feedback on our service); and
  • investigate legal claims or such other causes as may be permitted or required by law.

We may also use the Personal Information that we collect from you for other purposes for which we may obtain consent from time to time and as may be required or permitted by applicable provincial or federal laws.

Monitoring, administering, improving, and storing

We may use your Personal Information to help us to monitor our performance, administer, and improve our service by:

  • tracking and analysing activity to identify patterns and help us improve our Site and communications;
  • troubleshooting, conducting data analysis, testing, system maintenance, support, reporting, and hosting of data;
  • using data analytics to improve customer relationships and experiences;
  • analysing information so that we can prioritise features that are relevant and popular;
  • educating, training and developing our staff’s performance;
  • ensuring network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution; and
  • preventing fraud.

We may also use your Personal Information for other legitimate commercial purposes, such as business administration, management and planning, accounting, and auditing.

Marketing

With your prior explicit consent, or where permitted by law, we may use your Personal Information to send you information about goods and services offered by us, which may be of interest to you. If you wish to withdraw your consent at any time, please contact us at [email protected].

4. OUR PARTNERS’ USE OF YOUR PERSONAL DATA

As stated above, to provide our products and services to you, we will, at times, need to share your Personal Information with our Partners. We require that our Partners safeguard your Personal Information and limit their use of it to that which is necessary for the purposes of providing their services pursuant to contractual arrangements. We have agreements with our Partners, which include appropriate privacy standards. Please see our general Terms of Use for further information on our Partners’ roles.

4.1 The Pharmacies

Our pharmacies are registered in Canada and are licensed to practice pharmacy by the applicable regulatory authority in the province or territory of Canada where they practice (i.e. the Ontario College of Pharmacists). Please note that the pharmacies will be the contracting party in respect of the sale of your ordered treatment (if approved by one of our HCPs).

How the Pharmacies will use your Personal Information

In providing its services, the pharmacies will use Personal Information we share with them to:

  • process your orders and sell, supply, dispense and mail prescription medicines to you in accordance with the Terms of Use; and
  • manage its relationship with you (for example, by dealing with any queries you raise).

4.2 Our Healthcare Practitioners

All of our Healthcare Practitioners / HCPs  are under contract with us and subject to privacy provisions that comply with applicable provincial and federal laws. Our HCPs are registered in Canada and are licensed to practice their applicable regulated health profession by the applicable regulatory authority in the province or territory of Canada where they practice. Our HCPs  are trained in telemedicine, providing remote consultations, and issuing prescriptions online. Our HCPs will assess the information you provide to them, make a diagnosis, where necessary, and subsequently determine if any medication or treatment is clinically appropriate. For more information on the consultation process, please visit our Terms of Use.

How our HCPs will use your Personal Information

In general, as part of the provision of their services, the HCPs  will use Personal Information we share with them to:

  • assess your health information to make a diagnosis, if applicable, and to determine if treatment is clinically appropriate, and if so, to write your prescription; and
  • contact you using your provided contact information in the event that they require better and further information about you or your health condition.

The period your Personal Information will be stored by our HCPs will be determined in accordance with the relevant laws and guidance issued by the applicable professional regulatory body.

Please note that this Privacy Policy does not apply to the collection, use, retention, disposal, destruction, and protection of your Personal Information by our HCPs. As noted above, our HCPs are subject to privacy legislation and professional requirements that govern the management of Personal Information that they collect, use, and retain in the course of providing telemedicine and other clinical services.

4.3 Our  Helpline

Our secure helpline is available in accordance with our Terms of Use . All calls placed with our helpline will be recorded and stored securely to ensure we have a record of your enquiry, and for monitoring and training purposes. All call recordings, SMS, messages, and emails will be stored securely and in accordance with our data protection obligations at all times.

5. OUR GROUNDS FOR PROCESSING

Under applicable privacy laws, we only have the right to use your Personal Information where we can identify a lawful basis for doing so. Your consent to our collection and use of your Personal Information, as specified in this Privacy Policy, is our primary lawful basis. However, in some circumstance we may also rely on another lawful basis. Most commonly, these will be:

  • to perform the contract we have entered into with you;
  • our legitimate interests (or those of a third party) and only if your interests and fundamental rights do not override those interests; and
  • to comply with a legal or regulatory obligation.

6. ONLINE COMMUNICATIONS
The Internet is not a secure medium. However, we have put in place various physical, organizational, contractual, and technological security procedures to protect your Personal Information as set out in this Privacy Policy.

Please be aware that communications over the Internet, such as emails and online messages are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered – this is the nature of the Internet. All reasonable steps are taken to ensure your Personal Information is kept secure from unauthorised access, but we cannot guarantee it will be secure during the transmission process because it is not under our control. We cannot accept responsibility for any unauthorised access or loss of personal data that is beyond our control.

Any communications that involve a higher level of sensitivity should be sent to us via the messaging platform available on the Site, and not over email. 

We believe that we have appropriate policies, rules and technical measures to protect the Personal Information that we have under our control (having regard to the type and amount of information) from unauthorised access, theft, improper use or disclosure, unauthorised modification, unlawful destruction, or accidental loss.

Access to your Personal Information is limited to our employees and contractors whose duties reasonably require this information. These employees and contractors have been informed and trained on the safe handling of sensitive information in accordance with this Privacy Policy.

7. DISCLOSURE OF YOUR PERSONAL INFORMATION

We will not share your Personal Information with any third parties, except as otherwise provided for in this Privacy Policy (for example, our Partners) and under limited circumstances when we are required to or are compelled to share your Personal Information, including:

  • with third party service providers or suppliers to enable us to provide our services (for example payment processors, webhosts, ID verification partners, etc). When we are required to share information with these service providers, we ensure that these service providers sign a contract that obliges them to comply with our instructions and our Privacy Policy, the applicable provincial and federal laws, and to  have stringent security measures in place, amongst other things;
  • to another legal entity on a temporary or permanent basis, in connection with a business transaction, such as a merger, financing, acquisition, or sale of some or all of our business (in which case the new entity would continue to be bound and limited by applicable privacy law);
  • where we are required to do so by law or applicable professional standards; and
  • where you have provided your consent.

8. INTERNATIONAL TRANSFER OR PERSONAL INFORMATION

We may transfer the Personal Information we collect about you outside Canada to perform our contract with you and for the purposes set out above (see paragraph 6). When such a transfer occurs we will ensure that your Personal Information receives an adequate level of protection and we will put in place appropriate measures to ensure that your Personal Information is treated in a way that is consistent with this Privacy Policy. However, these countries may not guarantee the same level of protection for your Personal Information. Please also note that to the extent that any of your Personal Information is transferred outside of Canada it will be subject to the laws of the country in which it is held and may be subject to disclosure to the government, law enforcement, judicial, or regulatory bodies in that country pursuant to their domestic laws. If you require further information about these protective measures, you can request it by contacting us at [email protected].

9. PERSONAL INFORMATION STORAGE, SECURITY AND RETENTION

We have put in place appropriate security measures to prevent your Personal Information from being accidentally lost, used, altered, disclosed, or otherwise accessed in an unauthorised way. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

We will only retain your Personal Information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorised use or disclosure of your information, the purposes for which we process it and whether we can achieve those purposes through other means, and the applicable legal requirements.

We will store the Personal Information we collect from you at the Planet Medical Limited offices or third party service providers’ data centres, located in Ireland.

10. YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION

Under certain circumstances, you may have the right to:

  • Request access to your Personal Information at any time. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it. You can regularly access information about your account as well as your preferences by signing in to your account and looking under “My Account”, or by contacting us at [email protected]. You will be required to request any access you would like to information or notes made by one of our HCPs about your questionnaire or consultation as this information is not in the care or control of us.
  • Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it or where inaccurate information remains on your profile.
  • Withdraw consent you had previously given at any time, where permitted by law. We will then apply your preferences.
  • Request the transfer of your Personal Information to another party.
  • Request removal from our distribution list so as not to receive any direct marketing communications from us, as indicated in “Contact Us” section or by following the “Unsubscribe” link or the withdrawal instructions provided in our communications.

We will process your removal request immediately, and in any event within 10 business days. It can sometimes take a few days to process your removal request, and it is possible that you may continue receiving promotional or marketing emails or postal letters during this time. Your refusal to receive direct marketing messages does not prevent us from providing you with other types of non-promotional messages, such as email confirmations of transactions.

We will attempt to respond to any other written request for access to your Personal Information, or otherwise, within 30 days of receipt of your request. We will advise in writing if we cannot meet your request within 30 days. If you have a complaint with respect to this time limit, you have a right to make a complaint to the Information and Privacy Commissioner of your province of residence or the Privacy Commissioner of Canada.

You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights listed above). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances where in our sole discretion, we deem it necessary.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it.

If you wish to exercise your rights in relation to the processing of your information by any of our Partners, you should email us at [email protected]  

11. LINKED WEBSITES OR APPLICATIONS

We are not responsible for the privacy policies and practices of other websites or applications even if you accessed the third party website or application using links from our Site. We recommend that you check the policy of each website or application you visit before deciding whether to proceed or disclose Personal Information to them. You should contact the owner or operator of such website(s) or applications(s) if you have concerns or questions.

12. CHANGES TO THIS PRIVACY POLICY

We reserve the right to update this Privacy Policy at any time, and we will provide you with a new Privacy Policy on our Site when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your Personal Information.

13. JURISDICTION AND APPLICABLE LAW

If you are an individual consumer or any other entity, please note that this Privacy Policy, its subject matter and formation shall be governed by and interpreted in accordance with the laws of the Province of Ontario and applicable Canadian federal laws, excluding rules of private international law that lead to the application of the laws of another jurisdiction. The courts of Ontario shall have the exclusive jurisdiction to hear any matter arising under or in any way relating to this Privacy Policy and you agree to waive any objections based on forum.

14 OTHER IMPORTANT TERMS

14.1 The contract for the sale and supply of medicines is between you and the pharmacy. Other than you, Planet Medical Limited, and our Partners, no other person shall have any rights to enforce any terms of this Privacy Policy.
14.2 This Privacy Policy (together with our Terms of Use) constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the provision of online consultations and the purchase of products via our Site.
14.3 If any of the terms of this Privacy Policy are found by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid and enforceable to the fullest extent permitted by law.
14.4 If we delay in taking steps against you if you are to breach this contract, that will not mean that you do not have to do what we ask to remedy your breach and it will not prevent us taking steps against you at a later date.

If you have any concerns about this Privacy Policy, please contact: supportca@frommars.com.

COOKIES STATEMENT

Our Site uses cookies to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse our Site and also allows us to improve our Site.

A cookie is a small text file of letters and numbers that stored on your browser or the hard drive of your computer or device. Cookies contain a small amount of data that is transferred to your computer or device’s hard drive and which can indirectly identify you to the frommars.com system. For example, cookies help us keep track of a series of merchandise selections. A cookie tells us that selections were made by the same user, but it does not personally identify that user.

We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our Site. They include, for example, cookies that enable you to log into secure areas of our Site, use a shopping cart or make use of e-billing services.
  • Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our Site works, for example, by ensuring that users are finding what they are looking for easily. For more information on the Google Analytics tools we use and Google’s Privacy Policy click here https://policies.google.com/privacy?hl=en.
  • Functionality cookies. These are used to recognise you when you return to our Site. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Targeting cookies. These cookies record your visit to our Site, the pages you have visited and the links you have followed. We will use this information to make our Site and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose, in accordance with our Privacy Policy.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Site.

If you would like further guidance on cookies please click here https://www.aboutcookies.org/

Last modified: April 12, 2021