Counsellor Terms & Conditions
The Terms and Conditions (the “Terms”) described on this page are between you as a service provider (also referred to in these terms as the “Service Provider” “you” or “your”) and Alembic Counselling and Psychotherapy Corporation (the “Company”, “us”, or “we”). All Service Providers providing counselling services under these Terms are considered independent contractors.
Please read these Terms carefully. By accessing, using, or creating a Service Provider Account with the Company as a Service Provider, you are entering into an agreement with the Company to be bound by these Terms. If you do not agree to be bound to any term of these Terms, you must refrain from creating a Service Provider Account or using the Platform as a Service Provider. Your continued use of the Platform following the posting of any changes to the Terms will constitute your acceptance and agreement to such changes.
If you are applying to become a Service Provider to be able to provide the Services through the Platform on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.
- Definitions.
- “Fees” means the amounts payable to the Service Providers based on the percentage split for each Session;
- “Platform” has the meaning ascribed to it in section 2(a);
- “Services” has the meaning ascribed to it in section 2(a);
- “Service Providers” means a psychotherapist, therapist, counsellor, or similar position that has been registered or licensed by all applicable regulatory bodies in their respective jurisdiction, to perform the Services;
- “Service Provider Account” has the meaning ascribed to it in section 8(a);
- “Session” has the meaning ascribed to it in section 9(a); and
- “Users” has the meaning ascribed to it in section 2(a) (each individually a “User”).
- Services.
- The Company owns and operates an online platform through which therapy, consulting, professional advice, and other related information are provided (collectively, the “Services”). Services are administered and accessible to any person or persons who access the Platform for the provision of Services (the “User” or “Users”) via multiple websites, mobile applications, third-party application such as, but not limited to the Jane App and any other means determined in the sole discretion of the Company (collectively, the “Platform”). Subject to any other provisions of these Terms, the Company hereby engages the Service Providers as an independent contractor to supply Users of the Platform with virtual therapy support.
- The parties acknowledge and agree that the Company has no obligation to make any minimum commitment of work, time, or compensation to the Service Providers. The Service Providers will provide the Services only on an as-needed basis as determined by the availability of Users.
- The Services shall be rendered remotely unless stated otherwise.
- Privacy.
- Your use of the Platform is subject to the Privacy Policy, and is hereby incorporated by reference into these Terms. By agreeing to these Terms and using the Platform you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.
- The Platform
- The Company may modify, suspend, disrupt, or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all Users and Service Providers or to you specifically, at any time with or without notice. The Company is not and will not be liable for any losses or damages that are caused by any of the aforementioned actions. For greater certainty, we may terminate or prevent your use of the Platform and any services provided through the Platform at our sole discretion for any reason and for any period of time.
- The features and functionality of the Platform are to be determined solely by the Company and are subject to change or termination without notice.
- Covenants, Warranties and Representations of the Service Providers
- The Service Provider confirms that they are at least 18 years of age and that they are legally able to enter into a contract without the consent of any third party.
- The Service Provider hereby confirms and agrees that all the information that is provided by the Service Provider specifically related to licensing, certification, and or any other relevant information that affords the Service Provider the ability to practice counseling/consultation and/or any other similar practice through the Platform is current, accurate, true, and complete. Furthermore, the Service Provider agrees that they will maintain and update this information so that it continues to be current, accurate, true and complete. If for some reason the Service Provider’s license expires or is cancelled for any reason such that the Service Provider is unable to practice in their profession, the Service Provider agrees to notify the Company immediately of such change(s) so that the Company can in turn notify Users or place the Service Provider’s Service Provider Account on hold until the licence issues are resolved and the Service Provider can resume providing Services via the Platform.
- The Service Provider confirms that they are a licensed professional in good standing in a relevant field of expertise and abides by all relevant and applicable laws, rules, and regulations, including but not limited to rules of ethics and professional responsibility.
- The Service Provider agrees not to mislead Users to believe that they can provide a service which is outside of the Service Provider’s field of licensed expertise and will not misrepresent themselves or create any misleading name or listing.
- The Service Provider agrees to not perform any Services and or other services or offer any advice in any jurisdiction where the Service Provider is not authorized or licensed or in good standing to do so. The Service Provider agrees that they will not provide any Services or advice to any User unless they are a licensed professional in good standing in the relevant field of expertise abiding by all relevant laws, rules, and regulations.
- Service Provider Conduct
- When using the Platform for the purposes of the Services or using the Platform for a purpose related to the Services, the Service Provider must exercise a reasonable standard of care, including confidentiality obligations, privacy considerations, and dress code, which shall be at least equivalent to a traditional in-person interaction with a User as mandated by their profession and regulatory agencies.
- The Service Provider will not provide to Users any services other than the Services.
- The Service Provider will not in any circumstance use and Company related materials including but not limited to report templates, intellectual property, presentation material, or any other form of written or unwritten materials that belong to the Company outside of the Platform or for any purpose not related to providing the Services to the Users.
- The Service Provider must ensure that their availability of time and date on the Platform is held completely up-to-date so that prospective Users can access the Service Provider’s availability in real time.
- The Service Provider agrees to be bound by any and all applicable laws including local, provincial, federal, international, statute or regulatory. The Service Provider will not provide to Users any services which may not be lawfully or ethically rendered or provided through the Platform according to the laws, regulations and ethics that apply in the Service Provider’s jurisdiction.
- For any Users to whom are first introduced to the Service Provider through the Platform, the Service Provider agrees that all contact between the Service Provider and such User will be conducted only through the Platform.
- The Service Provider agrees to use the Platform as intended and not collect additional fees from Users for services rendered and associated with the Platform. For clarity, the Service Provider agrees that they will not request Users' payment information in connection with collecting a payment for any reason, including a no- show fee, for any services rendering through or associated with the Platform.
- The Service Provider will provide the Services only in connection with issues that are not of the nature or characteristics of an emergency. Should a User connect with you through the Platform in connection with emergency matters, you hereby agree to immediately instruct the User to immediately call 911 or their local emergency assistance number.
- The Service Provider will not diagnose, treat, test, advise, counsel, recommend a course of treatment, or otherwise provide or perform any services that require an in-person meeting with a User or examination of a User.
- Regardless of the Service Provider’s professional or educational training, the Service Provider will never engage in the practice of medicine or enter into a physician/patient relationship with any User through the Platform, and the Service Provider will not prescribe or dispense medicines or any similar substances through, by means of, or following interaction with a User on the Platform. The Service Provider agrees to advise Users whenever appropriate that the advice of the Service Provider is not a substitute for the advice or treatment of a physician or other licensed medical professional.
- The Service Provider further agrees and commits to not engage in conduct that is harmful, unethical, deceptive, or offensive, as may be determined by the Company in its sole discretion.
- The Service Provider at its own expense, will obtain and/or maintain adequate insurance coverage as required by applicable laws and regulations, which shall in no instance be less than $2,000,000 per occurrence.
- The Service Provider agrees that if they are treating a User that is under the age of 18, they have considered the consent requirements from such User.
- User Information
- The Service Provider will ensure that all information related to the Users which collected or created by the Service Provider in connection with the Services (the “User Information”) are stored only on the Platform.
- The Service Provider acknowledges that only the Service Provider will have access to such User Information and will not disclose such User Information to any other individual.
- Account
- The Service Provider agrees, confirms, and acknowledges that they are responsible for maintaining the confidentiality of their password and their account (the “Service Provider Account”) and any other security information related to the Service Provider Account. The Company advises the Service Provider to change their password frequently and to take extra care in safeguarding their password.
- The Service Provider agrees to notify the Company immediately of any unauthorized use of their Service Provider Account or any other concern for breach of their account security.
- The Service Provider agrees, confirms, and acknowledges that the Company will not be liable for any loss or damage incurred as a result of someone else using their Service Provider Account, either with or without their consent and/or knowledge. Further, the Service Provider agrees that they are solely and fully liable and responsible for all activities that are made by using their respective Service Provider Account. The Service Provider further acknowledges and agrees that the Company will hold them liable and responsible for any damage or loss incurred as a result of the use of their respective Service Provider Account by any person whether authorized by the Service Provider or not, and the Service Provider agrees to indemnify the Company for any such damage or loss.
- The Service Provider agrees to not interfere with, disrupt, or attempt to interfere with or disrupt, any of the Company’s systems, services, servers, networks, or infrastructure, including without limitation the Platform.
- Cancellations
- If a Service Provider has approved a User request for Services and is scheduled to deliver Services to a User (a “Session”), then the Service Provider is required to deliver such Session. However, in the case of emergencies (such as a medical or family emergency, a death in the family, or a natural calamity), the Service Provider may cancel the Session through the Platform.
- If a cancellation is made in less than 24 hours before a scheduled Session, or the Service Provider does not attend the Session, it will be considered a “No-Show” by the Service Provider and all Fees in relation to the Session shall be fully reimbursed to the such User. Should a Service Provider repeatedly “No-Show”, the Company may in its sole discretion choose to terminate the relationship with the Service Provider. Exceptions can be made in emergency cases (such as a medical emergency, a death in the family, or a natural calamity) and are decided on a case-by-case basis. Final decisions will lie at the sole discretion of the Company.
- Payments
- In consideration of the Services rendered hereunder by the Service Providers, the Company shall pay the Service Provider the Fees based on the revenue share percentage agreed upon by the Service Provider during the Service Provider’s initial application with the Company, with such Fees being inclusive of all applicable taxes.
- The Company will distribute the Fees on a biweekly basis. In respect of any Fees received by a Service Provider, such Service Provider is solely responsible for reporting and paying any applicable taxes related to the Service Provider’s use of the Platform.
- The Company may alter the Fees, and payment schedules from time to time in the Company’s sole discretion.
- Any disputes related to the Fees must be submitted by the Service Provider in writing to the Company within 30 days of receipt of such payments.
- Termination of Relationship
- The Company, in its sole discretion, may take all actions it considers appropriate if the Company believes that a Service Provider has breached any of these Terms, which may include but is not limited to the immediate termination of the Company’s engagement with the Service Provider as a Service Provider, including but not limited to, the termination of the Service Provider Account, or the termination of the Service Provider’s ability to access the Platform.
- The engagement between the Service Provider and the Company may be terminated upon 30 days written notice without cause or penalty delivered either by the Company or such Service Provider wishing to terminate their engagement.
- If the engagement with the Company and the Service Provider is terminated, the Company or Service Provider will write a letter informing all active Users seen by the Service Provider to inform the Users of their departure from the Company. Such Users will be given the option either to see the Service Provider at another company or sole proprietorship after the Service Provider no longer acts as a Service Provider with the Company, or the User may elect to begin seeing another Service Provider at the Company. This offer must only be made to the Users seen by the Service Provider once their resignation has been formally submitted. A nominal administration fee will apply to have any User Information securely transferred to the Service Provider.
- Section 12 of these Terms will survive the termination or expiration of any engagement of the Service Provider with the Company, including any agreement arising pursuant to these Terms.
- Limitation of Liability
- The Service Provider hereby agrees to indemnify, defend, and hold the Company harmless against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against us, to the extent that such claim, suit, action or other proceeding is based on or arises from:
- Any breach of any representation, warranty, covenant or agreement to be performed by the Service Provider according to these Terms;
- The provision of Services provided by the Services Provider through the Platform; and
- Any materials, documents or other information that the Service Provider has posted to or through the Platform and/or any content provided by the Service Provider to a User.
- The Service Provider acknowledges and agrees that the Platform is being provided for use “as is”, and therefore the Service Provider will not have any claim or demand towards the Company in relation to the Platform’s users, members, properties, limitations, or compatibility with the Service Provider’s needs. The Service Provider will not have any claim or demand against the Company in respect to any Services the Service Provider decides to provide in connection with the use of the Platform. To the fullest extent of the law, the Company expressly disclaim all warranties of any kind, whether expressed or implied.
- Provision of Services and any other use of the Platform is being made at the Service Provider’s sole and entire risk, without warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, or accuracy.
- The Service Provider will bear all the risks associated with the uploading and transmitting of User Information in accordance with our terms of use and utilizing the Platform including reliance of its accuracy, reliability, or legality.
- Under no circumstances will the Company be held liable to any Service Provider for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of business, revenue, profits, use, data, or other economic loss.
- The Company will not be deemed the provider or recipient of any services acquired through the Platform. The Service Provider provides the Services at their sole and entire risk.
- The Service Provider acknowledges that they will be solely responsible and liable for any damages to any User to whom they provide the Services and to any User who suffers damages arising from or connected to such Services that such Service Provider provided to that User. In the event of a dispute regarding any interaction conducted through the Platform, the Service Provider hereby releases the Company from all manner of actions, claims, or demands, and from any and all losses (direct, indirect, incidental, or consequential), damages, costs or expenses, including but not limited to, court costs and attorney's fees, which the Service Provider may have against one or more of the above.
- The Company will not be liable to any Service Provider or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages arising from the use of the Platform or the delivery of Services to a User by a Service Provider.
- If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
- General
- Nothing in these Terms will be construed as making either party a partner, joint venture, agent, legal representative, employer, or employee of the other.
- These Terms and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the British Columbia and the federal laws of Canada applicable therein. Any claim or dispute between you and us that arises in whole or in part from these Terms shall be decided by a court of competent jurisdiction located in the Province of British Columbia, which shall have exclusive jurisdiction for such claim or dispute. Each party waives any right to jury trial in connection with any action or litigation in any way arising out of or related to these Terms or the Services.
- In the event that any provision or any part of any provision in these Terms is deemed to be invalid by reason of the operation of any law or by reason of the interpretation placed thereon by a court, these Terms shall be construed as not containing such provision or part of such provision and the invalidity of such provision or such part shall not affect the validity of any other provision or the remainder of such provision hereof. All other provisions hereof which are otherwise lawful and valid shall remain in full force and effect.
- We may provide notices or other communications to you regarding these Terms or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt will be deemed the date on which such notice is given. Notices sent to us must be delivered by email to “info@alembictherapy.ca”
Terms & Conditions (Users)
Alembic Counselling and Psychotherapy Corporation and/or its affiliates (collectively, the “Company”, “Alembic”, “we”, or “us”) offer a platform (the “Platform”) for which Users may access mental health counselling, therapy, psychotherapy, and other related services provided by third-party professionals.
The following are the Terms and Conditions (the “Terms”), which govern your access and use of our Platform. The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, our website and its related apps such as the Janeapp.
In these Terms, “Third-Party Services” means the mental health counselling, therapy, psychotherapy, and/or other related services provided directly from a Service Provider to a User through the Platform; “Service Provider” means the counsellors who are authorized to provide Third-Party Services through the Platform and have who have agreed to the Counsellor Terms; “Company Services” means the Platform and other services offered by the Company to facilitate the Third-Party Services, but excludes Third-Party Services; and “Services” means the Company Services and Third-Party Services together.
Please read these Terms carefully. By accessing or using the Platform you agree to be bound by these Terms. If you do not wish to be bound by these Terms, you may not access or use the Services.
Wherever used in these Terms, the terms “User”, “you”, “your”, or similar terms indicates the person or legal entity accessing or using the Services. If you are an entity such as a company or corporation creating an account for use of the Platform by your employees or other individuals, each employee, individual, and the company will be considered a User for the purposes of these Terms.
Any new features or tools which are added to the Services shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
- Privacy
- Your use of the Services is subject to the Privacy Policy, and is hereby incorporated by reference into these Terms. By agreeing to these Terms and using the Platform you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.
- Services.
- The Third-Party Services are administered and accessible to the Users via the Platform. The Company does not offer mental health counselling or consultations in its own direction and instead facilitates the connection between Service Providers and Users through the Platform.
- The Company Services are provided by the Company.
- User Representations and Covenants.
- You hereby confirm that you are legally able to consent to receive the Services, or have the consent of a parent or guardian, and are legally able to enter into a contract.
- Where consent from a parent or guardian is required to receive the Services, you hereby confirm that as the consenting parent or guardian, you have the sole right to consent to the Services for the minor and are not legally mandated to confer with or get consent from any other legal guardian before consenting. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process, and use of personal information on behalf of the minor. You also agree that consent to the Services remains valid for so long as the minor is receiving or accessing the Services.
- You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that so long as you are a User of the Platform you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
- You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.
- You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
- You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Services and your relationship with us and/or the Service Providers.
- Company Representations and Covenants
- The Company makes no representation or warranty whatsoever as to the ability of any Service Provider, satisfaction of the User regarding the advice given by a Service Provider, or whether the Third-Party Services will otherwise be suitable to the User’s needs.
- The Company does not refer, endorse, recommend, verify, evaluate, or guarantee any advice, information, or other services provided by any Service Providers and nothing shall be considered as a referral, endorsement, recommendation, or guarantee by the Company in any way, form, or shape.
- The Company makes no representation or warranty whatsoever as to the ability of any Service Provider, satisfaction of the User regarding the advice given by a Service Provider, or whether the Third-Party Services will otherwise be suitable to the User’s needs.
- The Company will not be liable and expressly disclaims all liability for any damages sustained or arising from the Third-Party Services, directly or indirectly, including but not limited to damages arising from a User’s reliance on information or advice provided by any Service Provider.
- Company Services
- The Company may modify, suspend, disrupt, or discontinue the Company Services, including but not limited to the Platform, any part of the Platform or the use of the Platform, whether to all Users and Service Providers or to you specifically, at any time with or without notice. The Company is not and will not be liable for any losses or damages that are caused by any of the aforementioned actions. For greater certainty, the Company may terminate or prevent your use of the Company Services including the Platform at our sole discretion for any reason and for any period of time.
- The features and functionality of the Company Services including the Platform are to be determined solely by the Company and are subject to change or termination without notice.
- Fees and Cancellation Policy
- You confirm and agree to use only payment methods (the “Payment Method”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
- You agree to pay all fees and charges associated with your account on a timely basis and on the terms and the rates as published in the Platform. By providing us with your Payment Method you authorize us to bill and charge you through the Payment Method and you agree to maintain your Payment Method information in your account information.
- We want to ensure that the Service Provider’s time and income are respected. We have a 24 hour cancellation policy. Users who cancel up to 24 hours prior to the start of their scheduled session with a Service Provider for the delivery of the Third-Party Services (the “Session”) will be eligible for a full refund. Users who cancel their Session with any less than 24 hours notice, or do not attend the Session will be charged for the full amount of the Session. Users will be made aware of the policy when booking the Session. The exception is serious illness or accident. Service Providers may make one-time exceptions on a case-by-case basis, at the Service Provider’s discretion. If a User is able to rebook into a vacant spot available during the same week, the Service Provider may choose to waive the cancellation fee.
- Sessions should always start on time. If a User arrives more than 15 minutes into their scheduled Session and the Service Provider has followed the appropriate follow-up procedures, and has left the Session and reported as such, then this late arrival will be considered a “No-Show” and the User’s payment will not be eligible for a refund. It is important that the User arrive on time and join at the agreed upon start time of the Session.
- Termination of Relationship
- The Company, in its sole discretion, may take all actions it considers appropriate if the Company believes that a User has breached any of these Terms, which may include but is not limited to the immediate termination the User’s account, or the termination of the User’s ability to access the Company Services including the Platform.
- Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE COMPANY AND/OR ITS AFFILIATES (THE “RELEASED PARTIES”) AND AGREE TO HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SERVICES, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY SERVICE PROVIDER AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE COMPANY SERVICES INCLUDING THE PLATFORM.
- YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE COMPANY SERVICES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
- YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
- YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE SIX-MONTH PERIOD PRIOR TO THE DATE OF THE CLAIM.
- If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
- This section (limitation of liability) shall survive the termination or expiration of these Terms.
- Arbitration
- The User agrees that any claim or dispute related to the use of the Company Services and the Third-Party Services, including online counselling, coaching, advising, consulting, or any other similar service and whether related to these Terms or otherwise, including the validity of this arbitration clause, shall be resolved by binding arbitration by the Canadian Arbitration Association, under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgement in any court in the province of British Columbia in Canada.
- General
- Nothing in these Terms will be construed as making either party a partner, joint venture, agent, legal representative, employer, or employee of the other.
- These Terms and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the British Columbia and the federal laws of Canada applicable therein.
- In the event that any provision or any part of any provision in these Terms is deemed to be invalid by reason of the operation of any law or by reason of the interpretation placed thereon by a court, these Terms shall be construed as not containing such provision or part of such provision and the invalidity of such provision or such part shall not affect the validity of any other provision or the remainder of such provision hereof. All other provisions hereof which are otherwise lawful and valid shall remain in full force and effect.
- We may provide notices or other communications to you regarding these Terms or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt will be deemed the date on which such notice is given. Notices sent to us must be delivered by email to “info@alembictherapy.ca”
Privacy Policy
- INTRODUCTION
- This privacy policy (this “Privacy Policy”) is intended to inform you of our policies, procedures, and practices regarding the collection, use, and disclosure of any personal information that you provide to Alembic Counselling and Psychotherapy Corporation (“Alembic”, “us” or “we”) or through the Alembic software platform (the “Alembic Platform”).
- Alembic provides users (“User” or “you”) access to counsellors, therapists, and psychotherapists (collectively the “Service Provider”) for the purposes of therapy, consulting, professional advice and other related services (collectively, the “Services”) provided through the Alembic Platform.
- When you use the Alembic Platform you accept and agree to this Privacy Policy. If you do not agree to be bound to this Privacy Policy you should stop using the Alembic Platform immediately. By accessing and using the Alembic Platform you affirm that you have read the Privacy Policy and that you understand, acknowledge, and agree to be bound by the terms contained in therein.
- This Privacy Policy applies to any visitors to the public portions of our websites and apps, Users who create accounts on the Alembic Platform and the Service Providers who are using the Alembic Platform to deliver the Services.
- COLLECTION AND USE OF PERSONAL INFORMATION
- When you use the Alembic Platform, update your account details, provide your billing information, provide your emergency contact information, or otherwise provide information to Alembic, we may ask you for information that could be reasonably used to directly or indirectly identify you (the “Personal Information”). Personal Information may include, but not be limited to, your name, your email, your phone number, and your address. We may collect and use Personal Information, either by itself or in conjunction with other information, for the following purposes:
- To create your account on the Alembic Platform, let you login into that account, administer your account, monitor your account, provide customer service and contact you with information, alerts, notifications, and suggestions that are related to your account;
- To facilitate the provision of the Services to you through the Alembic Platform, including by disclosing Personal Information to Service Providers;
- To allow a User or Service Provider, as applicable, to communicate with you effectively using the Alembic Platform;
- If you are a Service Provider, to let a User know you are licensed and qualified to provide the Services;
- For billing-related purposes;
- To contact you, either ourselves or using the appropriate authorities, if either Alembic or a Service Provider has a good reason to believe that you or any other person may be in danger or may be either the cause of or the victim of a criminal act; and
- Any other purposes for the collection and use of Personal Information that Alembic may determine, in its sole discretion, from time to time and as such shall be posted on this Privacy Policy prior to or at the time such changes take effect.
- Alembic may request information from Users about their needs, and from Service Providers, about their credentials, the Services, and related information (collectively, “Profile Information”). Profile Information provided by Users may be shared with Service Providers, and Profile Information provided by Service Providers may be shared with Users or otherwise posted on the Alembic Platform for the purposes described above.
- While using the Alembic Platform, Users and Service Providers may write or communicate by means of text-based communication, verbal communication, or video communication, either internally or to each other (collectively “Session Content”). The Session Content is shared with the Service Provider(s) that may work with you from time to time. The Session Content may be used, either by itself or in conjunction with other information, to (a) enable a Service Provider to provide Services to a User; and/or (b) supervise, administer, and monitor the Services provided by a Service Provider.
- At Alembic, we are committed to providing the same level of confidentiality and privacy as the User would expect while seeing a Service Provider in-person. We do not record or share any of the live sessions that occur on our platform. We use the “Jane” platform, as well as Zoom for video sessions, all data transmitted between the User and Service Provider while streaming of audio/video during the sessions is encrypted.
- When you use the Alembic Platform, Alembic’s servers or servers of third party services automatically record information that your browser sends (“Log Data”). This Log Data may include, but not be limited to, information such as your computer, internet protocol address, pages that you visit and the time spent on those pages, actions that you take and other statistics. We may use this information, either by itself or in conjunction with other information to monitor, analyze, and improve the use and functionality of the Alembic Platform and its technical operations. Like many websites, Alembic uses “cookies” and “web beacons” to collect information. A “cookie” is a small data file that is being transferred to your computer’s hard disk for record-keeping purposes. A “web beacon” is a tiny image, placed on a web page or e-mail that can report your visit or use. We use cookies and web beacons to enable the technical operation of the Alembic Platform, to administer your log-in to your account and to collect the Log Data. You can change your browser settings so it will stop accepting cookies or to prompt you before accepting a cookie. However, if you do not accept cookies you may not be able to use the Alembic Platform. The Alembic Platform may also include the use of cookies and web beacons of services owned or provided by third parties that are not covered by our privacy policy and we do not have access to or control over these cookies and web beacons.
- Alembic may collect and analyze statistical or aggregated information about Service Providers and Users which is not personally identifiable and does not contain Personal Information. Alembic may share aggregated information that does not include any Personal Information with third parties for any purpose, including but not limited to industry analysis, research, business transactions, and public relations.
- The Alembic Platform may contain links to other websites, services or offers which are owned, operated or maintained by third parties. If you click on a third party link, you will be directed to that third website or service. The fact that we link to a website or service is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not have control over third party websites and services and we do not have control over their privacy policies and terms of use.
- We may employ third party companies and individuals to facilitate the Alembic Platform, to perform certain tasks which are related to the Alembic Platform or to provide audit, legal, operational or other services for us. These tasks include, but are not limited to, customer service, technical maintenance, monitoring, email management and communication, database management, billing and payment processing, reporting and analytics. We may transfer information, including Personal Information, to such third parties who may be located outside of your jurisdiction, in accordance with paragraph 2.12 of this Privacy Policy. When needed we may disclose information, including Personal Information, to such third parties but we will try to limit the Personal Information disclosed to the minimum necessary for such third party to perform their task. For clarity, at no point shall your clinical records, counselling notes, or any other medical information be shared with third party companies.
- We do not knowingly collect or solicit any information from anyone under the age of adulthood in the province or territory where they reside, or knowingly allow such persons to become Users without parental guardian consent. The Alembic Platform is not directed at nor intended to be used by children under the applicable age of adulthood without parental guardian consent.
- STORAGE AND RETENTION
Storage
- All User information is stored on our encrypted secure servers but during sessions our Service Providers may take some notes offline to keep in their files to provide future services to the User. The Service Providers are required to keep the same standards for record-keeping, confidentiality and privacy as they would perform for an in-person practice.
- We have implemented the technical safeguards to ensure the protection and maintenance of the confidentiality of all User data. All User data is physically stored within Canada as per healthcare regulations. However, such electronic data, including Personal Information may be accessed by, or transmitted to, representatives of Alembic or its affiliates, Service Providers or other third party service providers, who are located in the United States. Any Personal Information so accessed or transferred will only be used by representatives of Alembic or its affiliates, Service Providers or other third party service providers for the purposes for which it was originally collected from you. Any Personal Information so accessed from or transmitted to the United States may be accessed by the courts, law enforcement agencies, regulators and national security authorities of the United States in accordance with the laws applicable in the United States. Your consent to this Privacy Policy followed by your submission of such Personal Information represents your consent to such transfers.
Retention of user information
- Alembic archives all personal information related with the User account instantly when a User has requested their account be cancelled/closed. Our Service Providers that are engaged in counselling may be required to keep any collected offline information pertaining to counselling according to the laws of their respective jurisdiction(s) and the Personal Information Protection and Electronic Documents Act (PIPEDA).
- You may review, update, correct, or archive your Personal Information by contacting us or by editing that Personal Information on the Alembic Platform. Alembic client records are maintained for the number of years required by applicable law, but will not be subjected to unauthorized access, collection, use, disclosure, copying, modification, or similar risks. There may also be residual information that will remain within our databases and other records, including, without limitation, some data that may be still archived and stored offline. Alembic is not responsible for removing information from the third parties with which we have already legitimately shared your Personal Information. If you no longer wish to use your Alembic account - you can email “info@alembictherapy.ca” to have your account archived.
- Alembic is concerned with safeguarding your information. The security of your Personal Information is very important to us. Therefore, Alembic employs measures to protect this information from unauthorized access, use, and disclosure. However, the confidentiality of any communication transmitted through the Alembic Platform and/or stored with Alembic cannot be guaranteed. Please remember that no method of electronic transmission over the Internet or method of storage can be completely secure. You acknowledge and agree that you share and transmit any information, Personal Information or otherwise, at your own risk, as further detailed in our terms of use. If you have reason to believe that there has been a breach of security, including but limited to “hacking” of your account, you must notify us immediately at “info@alembictherapy.ca”
- THIRD PARTY SHARING
Information shared with Service Provider
- We may share your personal information with our Service Providers as described in part 2 of this Privacy Policy.
Information shared with your benefit provider
- If you are covering payments for any Services through your third party employee benefits package/insurance company, then we may share personal information only with your benefits provider/insurance company to process a claim as well as to know what Services were used. For clarity, Alembic shall at no point share clinical records, counselling notes, or any other medical information with your third party employee benefits package/insurance company without first obtaining your express written consent to do so as noted in section 4.8 of this Privacy Policy.
Information shared with a healthcare institution
- If your current physician or family doctor requests any notes on your counselling history with us, we will notify you to obtain your consent prior to releasing any information. All consents will be obtained in written form. In case of a medical or life threatening emergency, information may be shared at our discretion with the authorities.
Financial information
- We collect User email, account name and session purchase history on our system to verify session payments as well as to investigate any cases where there may be suspicion or occurrence of any fraudulent activity or misuse of an account.
- We use a third-party service provider to process credit cards, bank accounts, and other payment information. Such third party may store and collect your financial information under the terms of such third party’s privacy policy. We are not liable for the treatment of your personal or financial information by the third party payment processor.
Disclosure of information to third parties
- Alembic will disclose personal information related to possible mental or physical health concerns of individuals to a third party if: a) the Service Provider believes that there is an imminent danger to the User or to others; b) the Service Provider is concerned about possible child abuse or neglect; or c) the disclosure is ordered by law.
- Alembic may sell or transfer some or all of its assets, including your Personal Information, in connection with a merger, acquisition, consolidation, joint venture, reorganization or sale of assets. Any Personal Information sold or transferred pursuant to such an arrangement will be required to be protected by the purchaser or transferee on the same terms and conditions as described in this Privacy Policy and in accordance with applicable laws.
Request to release information
- All interactions with Alembic Counselling Services, including scheduling of or attendance at appointments, content of your sessions, progress in counselling, and your records are kept confidential. Only with your written consent you may request in writing that your Service Provider release specific information about your counselling to persons/organizations you designate.
Report of abuse & Compliance to court order
- Service Providers at Alembic reserve the right to disclose to the proper authorities and/or individuals and take action should they discover or strongly suspect physical, sexual, child abuse or neglect of any person under 18 years of age.
- Alembic will cooperate with government and law enforcement officials and private parties. Notwithstanding any other term in this Privacy Policy, we may disclose any information, including Personal Information, to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process to protect the property and rights of ourselves or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity and we may disclose information, including Personal Information, to take precautions against liability.
- Users should also be aware that Service Providers may be obliged to disclose information to law enforcement or other authorities to conform to their professional and legal responsibilities. Specifically, and without limitation, Users should be aware that the law requires mental health professionals to disclose information and/or take action in the following cases: (a) reported or suspected abuse of a child or vulnerable adult; (b) serious suicidal potential; or (c) threatened harm to another person.
Alembic may update this Privacy Policy at any time, and from time to time, in its sole discretion. The date of the last revision of this policy shall appear on the last page of this Privacy Policy. We encourage you to periodically review this page for the latest information on our Privacy Policy and on any related practices.
If you have any questions or concerns about this Privacy Policy or our privacy-related practices, please contact us by sending an email to our Privacy Officer at “info@alembictherapy.ca”
Last updated: July 30, 2024
