Privacy Policy

1. INTRODUCTION 

This Privacy Policy describes the policies and procedures of Hero AI Inc. (or “ we“, or “Hero AI”) related to collecting, using, storing and disclosing personal information of individuals. In this Privacy Policy, “Personal Information” refers to information about identifiable individuals and any information which can be used to identify an individual and this includes “personal health information”.  

This Privacy Policy applies to Hero AI’s Software Platform (the (“Software: or “Hero AI Platform”), as well as the Hero AI Beacon App (the “App”), and the provision of any other products and services (collectively, the “Services”). In addition, this Privacy Policy applies to Personal Information collected by visitors of our website available at www.heroai.ca (the “Website”). 

This Privacy Policy does not apply to the practices of the organizations that use our Services, including hospitals and other facilities who are required to have their own privacy policies. 

Hero AI may amend this Privacy Policy from time to time as our business and Services evolve (please see section 10 below for information about how we update this Privacy Policy). 

Note about Minors:  The Services may be used by patients and users of all ages.  Please note that parental or legal guardian’ consent may be required in connection with the use of the Services and provision of Personal Information by minors who are below the age of 13 and/or are not capable of making independent decisions about their health and use of the technology.     

2. COLLECTION OF PERSONAL INFORMATION  

2.1 Institutional Users’ Information 

In order to provide the Services to Healthcare Institutions and their permitted users which may include administrators and healthcare providers (“Institutional Users”) , we require access to   certain Personal Information. In particular, administrative users are required to submit this Personal Information to create an account on the Hero AI Platform and in order to use the Services. In particular, Hero AI may collect the following Personal Information from Institutional Users or administrator): 

  • First and last name  
  • Email address  
  • Phone number  
  • Role/position and department in the organization (e.g. hospital) 
  • List of patients under an Institutional User’s care 
2.2 Patients: 

In the course of providing the Services such as the App, we collect Personal Information regarding the individual patients who are using the Services (“Patients”). In order to create accounts for Patients we require the following minimum information:  

  • Patient Name  
  • Parent/Legal Guardian Name  
  • Patient date-of-birth  
  • Patient Gender 
  • Patient MRN (this is used to link your account with an institution electronic health record system) 
  • Patient Postal Code  

Based on the Services requested by our Customers (i.e. healthcare institutions), electronic health record information and Personal Information may be shared that includes but is not limited to the following:  

  • Patient Ward Location/Room   
  • Patient/Parent Phone Number  
  • Patient/Parent Email   
  • Patient Postal Code  
  • Patient Chief Complaint (i.e. reason for presenting to the to emergency department/hospital)  
  • Patient Language Preference  
  • Patient Address  
  • Patient Triage Vital Signs  
  • Patient Most Recent Vital Signs  
  • Patient Free Text Triage Nursing Note  
  • Patient Free Text Clinical Encounter Note  
  • Patient Lab Orders and Corresponding Results  
  • Patient Imaging Orders and Corresponding Results 
  • Name of Nurse(s) Assigned to Patient  
  • Name of Physician(s) Assigned to Patient  
  • Patient Time of Arrival  
  • Patient Mode of Arrival  
  • Patient Institutional User Initial Assessment Time  
  • Patient Length of Stay Time  
  • Patient IP Address 

Hero AI processes electronic health record data and Personal Information to enhance and improve Institutional Users and Healthcare Institutions’  ability to deliver quality healthcare services to Patients. In this process, Patients may be sent individualized requests for additional Personal Information (i.e. a request may be sent to inquire if a Patient is having pain). This information is collected directly by Hero AI and will be shared with Healthcare Institutions involved in providing care to that Patient. By completing and submitting these additional Personal Information requests you agree to the utilization of this additional Personal Information as outlined in this Privacy Policy.    

Please note that in addition to Personal Information which Patients make available through the Service, other users such as Healthcare Institutions and Institutional Users. In such cases, the Healthcare Institution is typically the “health information custodian” under applicable laws related to the protection of personal health information.

2.3 Personal Information automatically collected through the use of the Software and App 

Hero AI collects certain Personal Information that is uploaded to the Software or App, or that is generated from a Patient’s or Institutional User’s usage. For example: 

  • Institutional User input into the App (messages sent to Patients)  
  • Patient input into the App (messages sent to Institutional User) 
  • App utilization metrics, such as time of usage, number of messages  
2.4 Device Information 

When you visit the Website or access the App or Software, we may collect certain information about your device, including information about your device ID web browser, IP address and general location/time zone. This information is used for the purpose of maintaining security, threat detection, and troubleshooting software issues. 

3. USE OF YOUR PERSONAL INFORMATION 

3.1 End Users 

Our primary purpose for using your Personal Information is to provide the Services, including:  

  • Allowing you to access and use the Software, App and Services, and in particular providing the following Services to healthcare organizations: 
  • Facilitate on-demand virtual care between patients and healthcare Institutional Users including video calls, messaging, and interactive beacons (pain scales, oral hydration assessments etc.); 
  • To facilitate the utilization of algorithms, machine learning models, and artificial intelligence to make predictions for the purposes of clinical automation and improving healthcare delivery; 
  • To generate metrics to be displayed on dashboards and in the mobile App; 
  • To generate reporting metrics for our clients related to technology utilization by patients; and 
  • To facilitate research and development of future models and software innovations. 
  • Providing you with assistance (including technical assistance) in relation to your use of the Services;  
  • Personalizing and optimizing your experience of the Services and providing you with software updates; and  
  • Ensuring compliance with the terms of our agreement with your organization.  

We may also use your Personal Information for other purposes if we have a legal basis for doing so, including: 

  • Ensuring compliance with our own obligations under applicable law and regulations;  
  • Complying with court orders and other lawful access processes; and 
  • Using your Personal Information to help us to establish, exercise or defend legal claims. 
3.2 Updates and News about Hero AI 

We may use Personal Information of users in order to let you know about, and invite you to participate in, our products and service offerings. We need your consent for some aspects of these activities which are not covered by our legitimate interests (in particular, the delivery of direct marketing to you through digital channels) and, depending on the situation, we’ll ask for this via an opt-in in accordance with applicable laws. You can opt out of receiving marketing communications at any time. 

4. DISCLOSURE OF PERSONAL INFORMATION 

Where appropriate and in accordance with applicable laws, we may share your Personal Information in the following ways: 

  • Organizations who procure/administer the Services: When Institutional Users use the Services on behalf of Healthcare Providers, Personal Information and usage data of Patients and Institutional Users may be  made available to the organization that holds the Hero AI license. 
     
  • Third-Party Applications: We may share your information with a third-party application with your consent, for example when you choose to access Hero AI through such an application. We are not responsible for what those parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you before allowing this feature to be employed. 
  • Service Institutional Users, Business Partners and third parties: We may use certain trusted third-party companies and individuals to help us provide, analyze, and improve the Services (including but not limited to data storage, maintenance services, database management, web analytics, and improving the features of the Services). In particular, Hero AI may use industry standard third-party cloud services (such as Amazon Web Services) to store data, including Personal Information. These third parties may have access to your Personal Information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy. 
  • Business Transfers: If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your Personal Information may be transferred as part of that transaction. If required under applicable law, we will notify you and/or your organization (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personal Information, or if either become subject to a different Privacy Policy.  

5. SAFEGUARDING PERSONAL INFORMATION 

We are committed to taking all reasonable and appropriate steps to protect the Personal Information that we hold from misuse, loss, destruction or unauthorized access. We do this by having in place a range of appropriate technical and organizational measures.  

6. STORAGE LOCATION AND TRANSFER OF PERSONAL INFORMATION 

Hero AI may process and store data collected by Hero AI, including Personal Information, on cloud servers located in Canada. Hero AI takes steps reasonably necessary to ensure that the data is subject to appropriate safeguards, such as where applicable, relying on contractual commitments from our service providers. 

Personal Information may be accessible to law enforcement and governmental agencies in Canada, and other jurisdictions in which your Personal Information is stored (if applicable) under lawful access regimes or court order. 

7. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION FOR?  

We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law or other regulations or in connection with enforcing our agreements, all of which may extend beyond the termination of our relationship with you and for certain other legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data and account recovery. All retained Personal Information will remain subject to the terms of this Privacy Policy.    

When we are no longer permitted under our agreement with your organization or it is otherwise no longer necessary to retain your Personal Information, we will delete the Personal Information that we hold about you from our systems. While we will endeavour to permanently erase your Personal Information once it reaches the end of its retention period, some of your Personal Information may still exist within our systems, for example if it is waiting to be overwritten.    

8. HOW CAN YOU ACCESS OR CORRECT PERSONAL INFORMATION THAT WE HOLD ABOUT YOU?  

You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request to the contact information below, we will provide you with a copy of your Personal Information, although in certain limited circumstances, and as permitted under law, we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavour to deal with all requests for access and modifications in a timely manner. 

We will make every reasonable effort to keep your Personal Information accurate and up to date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service. 

9. CHANGES TO THIS PRIVACY POLICY 

We may amend this Privacy Policy from time to time. Use of Personal Information we collect is subject to the Privacy Policy in effect at the time such information is collected, used or disclosed. If we make material changes or changes in the way we use Personal Information, we will notify you by any of the following means: posting an announcement on our Website, sending an in-app notification to App users or by sending you an email prior to the change becoming effective. You are bound by any changes to the Privacy Policy when you use the Website or Services after such changes have been first posted. 

10. ADDITIONAL INFORMATION 

Questions regarding this Privacy Policy or Hero AI’s privacy practices should be directed to our Privacy Officer: 

Attention: Privacy Officer 

Email: support@heroai.ca 

Last Updated: March 16, 2022