PRO Terms and Conditions
Individual or Sole Practitioner Service Provider Agreement,
Last Updated: July 2017.
League, Inc. (“League”) provides an online platform that connects you as a service provider in the health and wellness industry (hereafter referred to as “Service Provider”, “you”, or “your”) so that you can offer services (“Your Services”) to League members (hereafter referred to as “Customers”).
PLEASE TAKE THE TIME TO READ THESE AGREEMENTS CAREFULLY AS they CONTAIN IMPORTANT INFORMATION AFFECTING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES. THIS INCLUDES, AMONG OTHER IMPORTANT PROVISIONS, VARIOUS LIMITATIONS ON YOUR RIGHTS, LIMITATIONS ON THE LIABILITY OF LEAGUE, OBLIGATIONS TO COMPLY WITH the HEALTH INSURANCE PORTABILITY and ACCOUNTABILITY ACT of 1996 (“HIPAA”) AND ALL OTHER APPLICABLE LAWS AND REGULATIONS, INCLUDING ANY REGULATIONS RELATED TO YOUR PROFESSION (IF APPLICABLE), AND A CLAUSE GOVERNING THE JURISDICTION AND VENUE OF ANY DISPUTES.
IF YOU ALSO ACCESS OR OTHERWISE USE THE LEAGUE APPLICATIONS AS A USER (I.E.- AS A CONSUMER OF THE LEAGUE SERVICE, RATHER THAN A SERVICE PROVIDER), THEN BY DOING SO YOU AGREE THAT THESE USER TERMS AND CONDITIONS APPLY TO YOU. PLEASE TAKE THE TIME TO READ THE USER TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AFFECTING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES. THIS INCLUDES, AMONG OTHER IMPORTANT PROVISIONS, VARIOUS LIMITATIONS ON YOUR RIGHTS, TERMS REGARDING THE USE OF PERSONAL INFORMATION, LIMITATIONS ON THE LIABILITY OF LEAGUE, OBLIGATIONS TO COMPLY WITH HIPAA and all other APPLICABLE LAWS AND REGULATIONS, AND A CLAUSE GOVERNING THE JURISDICTION AND VENUE OF ANY DISPUTES.
- Services; Pre-Conditions. The League Application is used by League Customers to procure services. Subject to the terms of these Agreements, you will be able to use the League Application to offer them Your Services, and to interact with them if they buy Your Services. In order to participate in the League community as a service provider you must submit a copy of your government issued photo identification. You must create a profile, and keep it accurate at all times. As well, you must create, and keep up-to-date, an accurate description of Your Services and availability that may be accessed by League Customers through the League Applications. You agree that from time to time, League may (directly or indirectly through a third party chosen by League) conduct a periodic audit on the accuracy of your profile or the description of your services, as well as the other requirements referred to in Sections 2 and 3, in order to ascertain whether Service Provider has complied with, and is complying with, the entry and ongoing requirements to become a Service Provider in the League community. You also acknowledge that from time to time certain Members of the League community may post ratings or reviews of you or your Services, and you agree that you will not contest such reviews.
- Professional in Good Standing. If you are governed by a licensing or similar body or standard, you must at all times be a member in good standing with such organization. If requested by League, you will within five (5) days of such request provide to League a copy of such professional qualification, as well as a copy of suitable evidence (i.e.- transcripts) of the post-secondary educational institution you graduated from.
- Insurance. In order to participate in the League community, you shall maintain limits and types of insurance coverage required to cover any foreseeable liability in respect of Your Services. If requested by League, you shall, within five (5) days of such request, provide to League an up-to-date copy of your certificate of insurance. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE NOT AN INSURED OR OTHER THIRD PARTY BENEFICIARY UNDER THE LEAGUE INSURANCE POLICY.
- Parties. This Agreement is between you and League only, and not Apple, Inc. (“Apple”) or any other party with whom you interact using the League Applications. League, not Apple, is solely responsible for the League Applications and its content. Although Apple is not a party to this Agreement, Apple has the right to enforce this Agreement against you as a third party beneficiary.
- Responsibilities of Service Providers. You acknowledge and agree that:
- You will not use the League Applications to view, access or otherwise use, directly or indirectly, price, availability, or other information for any purpose other than the provision of Your Services.
- You will not use the League Applications to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.
- You will not use the League Applications, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws or regulations or any laws related to the regulation of medical acts or medical professionals or health and wellness practitioners.
- You will perform Your Services in a manner that meets or exceeds any applicable service delivery and quality standards set out in the Pro Requirements Library available here.
- You will secure and maintain, at your expense, all registrations, permits, licenses, consents required by law or necessary to operate a business of the nature in which you offer Your Services. You are solely responsible for maintaining your business in good standing with all regulatory agencies and authorities. You shall ensure that any person who performs Your Services at all times maintains and abide by all statutory, regulatory, ministerial and municipal approvals, registrations, permits, licenses, orders and by-laws that are now or in the future applicable or are required to perform Your Services and that Your Services are performed in a manner that complies with all applicable laws, regulations and codes of conduct of any professional organization.
- General Responsibilities.At all times you must comply with all the terms of this Agreement, including the following (which constitutes a “League Code of Conduct”):
- The safety of every service provider and user of the League Applications (a “Member”) on the League platform is of utmost concern. This League Code of Conduct exists so that both Service Providers and Members have a shared and understood standard for safety, accountability, mutual-respect and common-courtesy.
- League maintains a zero-tolerance policy regarding all forms of discrimination, harassment or abuse. It is unacceptable to refuse to provide or accept services based on a person’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable federal or state law. This type of behaviour can result in permanent loss of access to the League Applications. League expects that all service providers and Members will treat one another with respect and courtesy during all interactions, in-person or otherwise, including being on-time for all scheduled appointments.
- You may not submit, post, send, use, share, provide, transmit, or display spam, unsolicited messages or any violent, discriminatory, illegal, infringing, hateful, pornographic, obscene or sexually suggestive photos or other Content (as defined below) via the League Applications.
- You are responsible for any activity that occurs through your account and you agree that you will not sell, transfer, license or assign your account, followers, username, or any other account rights. Further, you may not create through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You are responsible for all use of the League Applications by you and your representatives and for all use of your credentials, including use by others to whom you have given, or made available, your credentials.
- You are responsible for and will comply with all applicable laws (including HIPAA, privacy and anti-spam laws) in your jurisdiction.
- You agree that you will keep your password safe and secure.
- You agree that you are responsible for the information presented in your listing, posts or comments on the League Applications and that the such information will be truthful and accurate.
- You agree that you are responsible for all data charges you incur through the use of the League Applications.
- You understand and agree that League is not responsible for the materials posted or otherwise provided on or through the League Applications and that you use the League Applications and all materials at your own risk.
- You are solely responsible for your interaction with other users, service providers and Customers found using the League Applications, whether online or offline, and you will conduct yourself in a reputable manner at all times. You agree that League is not responsible or liable for the conduct of any service provider or any other member of League. League reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users, Customers or service providers.
If you violate any of the rules in this League Code of Conduct, League may take appropriate action, including suspending your ability to use the League Applications and, at League’s discretion, terminating this Agreement.
- Content License From You. You hereby grant to League a transferrable, sublicensable, royalty free, irrevocable, perpetual right and license to use, copy, distribute, display, modify and create derivative works of the Content for the purpose of the provision, administration and promotion of the League Applications (the “License”), but excluding non-public messages you send through League to another League user. You represent, warrant, and covenant and can demonstrate to League’s full satisfaction upon request that you (a) own or otherwise have the right to grant the License or that the Content is in the public domain worldwide, (b) any Content you submit, post, use, share provide, transmit, or display on or through the League Applications does not violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, rights in trade secrets or confidential information and/or other intellectual property rights (“Intellectual Property Rights”), (c) agree to pay for all royalties, fees, remuneration, and any other monies due or payable arising from any use of the Content or the exercise of the License by League or third parties on or through the League Applications, (d) have the permission to use the name and likeness of each identifiable individual person in such Content and to use such individual’s identifying or personal information as contemplated by this Agreement, and (e) have the legal right and capacity to grant the License to League. You agree to waive any moral rights worldwide you may have in the Content for the purposes of the League Applications.
- License To You. League grants to you a limited, non-exclusive, non-transferrable, revocable license to use the League Applications solely in order to provide Your Services to Customers and only in accordance with the terms of this Agreement. If using the League Applications on an Apple device, you may only use the League Applications on a compatible Apple device that you own or control and as permitted by all rules, terms or policies set forth in the Apple App Store Terms of Service or which are otherwise applicable to your use of such device. The terms of this Agreement will govern any update or upgrade provided by League that replaces and/or supplements the original product (all of which together are included in the “League Applications”), unless such update or upgrade is accompanied by a separate license in which case the terms of that license will govern. This license does not allow you to use the League Applications on any Apple device that you do not own or control, and except as provided in the Apple usage rules, you may not distribute or make the League Applications available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the League Applications and, if you sell your Apple device to a third party, you must remove the League Applications from the Apple device before doing so. You agree not to copy (except as expressly permitted by this license and the Usage Rules), decompile, disassemble, attempt to derive the source code of, or otherwise reverse engineer or attempt to reverse engineer, modify, or create derivative works of the League Applications, or any part thereof. You may use any materials provided to you as part of the League Applications solely in connection with your use of the League Applications in accordance with any rules made available by League from time to time.
- Intellectual Property Rights. You do not acquire hereby any Intellectual Property Right in or relating to the League Applications or any materials you access or use through the League Applications. The League Applications contains materials owned or licensed by League. As between you and League, League owns and retains all rights in the materials and the League Applications. You will not remove, alter or conceal any copyright, trademark, service mark or any proprietary rights notices incorporated in or accompanying materials or the League Applications and agree not to not use, copy, distribute, display, perform including perform in public, transmit, communicate to the public including making available to the public, broadcast publish, modify or create derivative works of the materials, except in connection with using the League Applications.
- Trademark Use. All trademarks, service marks, logos, trade names and any other proprietary designations of League used herein or provided to you by League for promotional purposes are trademarks or registered trademarks of League. If League provides you with such promotional materials, you agree: (i) that League is not providing you with any endorsement whatsoever; and (ii) to return to League or dispose of the promotional materials upon request from League or automatically upon termination of this Agreement.
- Booking. League facilitates your booking of appointments with League Customers. League has no control over or responsibility for the actions or omissions of Customers. League cannot guarantee or control the availability of any Customer at any particular time. LEAGUE WILL NOT BE LIABLE FOR CANCELLED OR OTHERWISE UNFULFILLED APPOINTMENTS, OR ANY DAMAGES RESULTING THEREFROM, UNSUCCESSFUL PAYMENTS OR COSTS OF ANY KIND RELATED TO CANCELLED OR MISSED APPOINTMENTS. You will not cancel any Business Services which have been booked by Customer except upon no less than 24 hours’ notice. If you cancel a confirmed booking with a Customer, League may impose consequences and remedies, including (i) providing a notice or review on your listing showing that an appointment was cancelled or indicating that you did not follow through with the appointment, (ii) keeping the calendar for your listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payments). You will be notified in advance of situations in which such a cancellation fee applies. League reserves the right, in its sole discretion, to cancel a booking made via the League Applications.
- Fees and Payment.
- Pricing of Your Services to Customers is set by you, and is not the responsibility of League. You agree, however: (i) that the prices charged to Customers will be as advertised by you in the League Applications at the time of booking by the Customer; and (ii) that the prices charged to any Customer who first uses Your Services pursuant to the League Applications (an “LOC”) will be equal to or less than the prices for the same or substantially similar services that the Business charges other clients who did not, or do not, come to you initially through League.
- Your use of the League Applications is, as of the Effective Date, free of charge; however, League reserves the right to introduce a fee for the use of the League Applications upon no less than 30 days’ notice;
- For payments received by Customers through the League Applications, League will be entitled to charge you a fee (the “Transaction Fee”). Currently, the Transaction Fee is 2.5% of any after tax amounts received by the Business through the League Applications. For any of Your Services for which your receive amounts through the League Applications, you will be entitled to receive payment from Customers as follows following the completion of the applicable services: (i) after you indicate to League through the League Application that Your Service has been completed, League will bill your Customer’s credit card or payment method of choice; and (ii) following receipt of the payment by League, League will remit the amount received from the Customer, subtracting the Transaction Fee and applicable taxes on the Transaction Fee; and
- League is entitled to change the Transaction Fee or, notwithstanding Section 13(b), add a usage fee for the League Applications and make any adjustments thereto upon no less than 30 days’ written notice.
- You will not book any services with LOCs which are offered on the League Application other than through the League Application.
- Appointment of League as Limited Payment Collection Agent. You hereby appoint League as your limited payment collection agent solely for the purpose of accepting the payment for the provision of Your Services to Customers booked through the League Applications (the “Service Fees”). You agree that payment made by a Customer through League, including any third party payment processing provider used by League to facilitate payment, shall be considered the same as payment made directly to you and you will make Your Services available to the Customer in the agreed-upon manner as if you had received the Service Fees directly. You agree that League may, in accordance with the applicable cancellation policy as provided to you on the League Applications, (i) permit the Customer to cancel the booking and (ii) refund (via League) to the Customer that portion of the Service Fees specified in the applicable cancellation policy. You understand that League accepts payments from Customers only as your limited payment collection agent and that League’s obligation to pay you is subject to and conditional upon successful receipt of the associated payments from Customers. League does not guarantee payments to you for amounts that have not been successfully received by League from Customers. In accepting appointment as your limited authorized agent, League assumes no liability for any acts or omissions by you.
- Payment Processing Errors. League will make a commercially reasonable effort to fix any payment processing errors that League becomes aware of. Such efforts may include crediting or debiting, as appropriate, the same payment method used for the original payment to correct the error.
- Taxes. The correct application of the appropriate taxes is your sole responsibility. You are obligated to collect any applicable tax from Customers and remit it to applicable governments; it is also your sole responsibility to determine if a particular Service is taxable or not. League will collect taxes on your behalf from Customers and remit these funds to you. You are obligated to remit the relevant tax to applicable governments. League will not be responsible for any errors in the collection of taxes from Customers since the amount of tax collected will be based on the information you provide.
- Operation of Service. League reserves the right to change, suspend, remove or disable access to the League Applications and any Content for any reason, including but not limited to complaints or allegations of infringement or other unlawful conduct, without liability to you, and at any time without notice. You agree that once a year League may access your premises (or premises under your control or influence) and review your systems, procedures and books and records to ensure your compliance with this Agreement.
- No Liability for Conduct of Customers. League does not screen Customers and has no control over the actions or omissions of Customers. In no event shall League be liable to you or anyone else for any action or failure to act by a Customer, a decision made or action taken by you in reliance on any information obtained or received through the League Applications from a Customer or any other user or participant in the League Applications. The parties hereto acknowledge that you may enter into agreements or receive waivers from Customers (“Customer Agreements”) in connection with Your Services. You will comply with the terms of any such Customer Agreements. League will have no liability for any breach of a Customer Agreement.
- No Special Relationship or Fiduciary Duty. You acknowledge that this Agreement contains any and all of League’s duties and obligations to you. League has no special relationship with, or fiduciary duty to, you unless it is explicitly contained in this Agreement. You also acknowledge that League has no control over, and no duty to take any action regarding which users gain access to the League Applications, what content you access via the League Applications, what effect the Contents and Materials and information received from the League Applications will have on you, how you may interpret or use the content of the League Applications, or what actions you may take as a result of having been exposed to the Content and Materials available on the League Applications.
- No Exclusivity. You acknowledge that League can sign up and otherwise work with an unlimited number of other service providers, including but not limited to service providers who directly and indirectly compete with Your Services and share physical space with you in your facility or office.
- Termination. This Agreement is effective upon your agreeing to be bound by the terms of these Agreements until terminated by you or League ( the “Term”). Your rights under this Agreement will terminate automatically without notice from League if you fail to comply with any term(s) of these Agreements. Either party hereto may terminate these Agreements upon no less than 30 days’ written notice. Upon termination of the Agreements, you will cease all use of the League Applications and destroy all copies, full or partial, of the League Applications. On any termination of the Agreements, Sections 8, 10, 11, 16, 18, 19, 21, 22, 26, 27, 28, 29, 33 and 34 of the Service Provider Agreement shall survive in perpetuity.
- Warranty. You expressly acknowledge and agree that use of the League Applications is at your sole risk and that the entire risk to satisfactory quality and performance is with you. The League Applications are provided on an “as is” basis. As such, League disclaims all warranties, representations and conditions, whether express or implied, statutory or otherwise about the League Applications to fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, League, not Apple, will be solely responsible for such warranty.
- Apple’s Limitations. In the event of any failure of the League Applications to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the League Applications to you. To the maximum extent of the law, Apple will have no other warranty obligation whatsoever with respect to the League Applications. In the event of any third party claim that the League Applications or your possession and use of the League Applications infringes that third party’s intellectual property rights Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Maintenance and Support. You acknowledge that League has no obligation to furnish any maintenance and support, except where required by law. To the extent that any maintenance or support is required by applicable law, League, not Apple, shall be obligated to furnish any such maintenance or support.
- Product Claims. League, not Apple, is responsible for addressing any claims by you relating to the League Applications or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the League Applications fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
- Limitations of Liability. You acknowledge and agree that, to the maximum extent not prohibited by law, the entire risk arising out of your access and use of the League Applications, your Listing or booking of Customers via the League Applications or your membership with League and any contact you have with Customers or other users of League, whether in person or online remains with you. In no event will League be liable for any incidental, indirect, special, exemplary or consequential damages, including without limitation lost profits, loss of data or loss of goodwill, damage to reputation, service interruption, computer or system damage, the cost of replacement products or services, personal or bodily injury, emotional distress arising out of or in connection with these terms or any other commercial damages related to the materials or Content, Your Services to Customers, interactions with other users of the League Applications or other persons with whom you interact as a result of your use of the League Applications, however caused, regardless of the theory of liability (contract, tort including negligence, or otherwise) and even if League has been advised of the possibility of such damages. Except for the obligations of League to pay specific amounts to you pursuant to this Agreement, in no event shall the aggregate liability of League arising from or related to this Agreement or the League Applications or the use thereof exceed (i) 10% of the amount paid to League by you in the 30 days prior to the event giving rise to the liability to a maximum of CAD$100.00, or (ii) fifty Canadian dollars (CAD$50.00), if no such payments have been made, even if a claim is a continuing one. The foregoing limitations will apply even if the above stated remedy fails of its purpose. Some jurisdictions do not allow the limitation of liability for personal injury, or other types of damages, so this limitation may not apply to you solely to the extent they are precluded by such laws.
- Indemnification. You agree to release, defend, indemnify, and hold League, its affiliates and each of its employees, contractors, directors, officers, agents, suppliers and representatives (collectively, “League Indemnitees”) harmless from and against any liabilities, claims, damages, losses and expenses, including without limitation, reasonable legal and accounting fees brought against League Indemnities by any third party, including Customers or other service providers arising out of or related to (i) all claims or demands that arise from or relate to your use of the League Applications, or any materials or Content; (ii) the creation of your listing(s); (iii) the booking, use or provision of Your Services; (iv) your interaction with any Customers; and (v) from any breach of any representation, warranty or covenant herein or in a Customer Agreement.
- Assignment. This Agreement may be assigned by League to an affiliate or in connection with a sale of all or part of the business or undertaking of League. You may not assign this agreement without the prior written consent of League.
- Third Party Beneficiary. You and League agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of these terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as a third party beneficiary.
- U.S. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Territorial Restrictions. You agree that the League Applications will not be exported, imported, used, transferred, or re-exported from the country in which it is provided to you. The information provided within the League Applications is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject League to any registration requirement within such jurisdiction or country. League reserves the right to limit the availability of the League Applications or any portion of the League Applications, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that League provides.
- Amendment. League will be entitled to amend or update these Agreements upon notice to you, which may be provided directly through the League Applications as a(?) posting. Your use of the League Applications or provision of your Services following the date of such notice or posting will constitute your agreement with the terms of any such amendment or update.
- Severability. If any term(s) of these Agreements are held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law as nearly as possible to the original intentions of League and the remaining terms of the Agreement will remain valid and enforceable.
- No Waiver. League’s failure to exercise or enforce its rights under this Agreement does not waive our right to enforce such right. Any waiver of such rights will only be effective if it is in writing and signed by us.
- Contact Information. Should you have any questions, complaints, or claims relating to the League App, please contact us at firstname.lastname@example.org. You can find this Agreement by visiting league.com.
Last updated: January 2017
Information We Collect
When you create an account and use our League Applications, we collect the following types of information from you:
- Information that we can use to identify or contact you such as your email address and phone number
- Demographics information such as your gender and location and device related information;
- Personal Health Information if you decide to provide such information to us for use with our Services, as that term is defined by HIPAA
- Personal Information if you decide to provide such information to us for use with our Services, meaning [insert PIPEDAdefinition]
- Personal health data and payment information, should you decide to provide such information to us, for use with our Services; and
- Any other information, such as photos, images, reviews, topics, content, and bio, you provide us.
If you create an account using, or otherwise connect your account to, a social networking services account (e.g. Twitter, Facebook or Google) we may also collect information provided to us by such social networking service including for example your: name; email address; birthday; geographic location; interests; profile picture; gender; networks; user ID; list of friends; likes, comments and any information you have made public and made accessible to us on such social networking account. We may combine information received from you when using the League Applications with information from external sources.
We automatically collect information about how you use our League Applications, for example, pages you have viewed. We also collect certain technical information about your device including your Internet protocol address, geo-location information, your browser type, language and identifying information, your operating system and application version, device types, device model and manufacturer, device identifiers, and your device operating system type and version.
Sharing of Your Information
The League Applications may allow you to connect and share your actions, comments, content, profile, and information publicly or with other people. You may control the personal information shared via controls built into the League Applications. Please be mindful of your own privacy needs as you choose who to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others and we disclaim any warranty, representation or covenant as to any other party’s treatment of your information.
How League Uses Your Information
League generally uses your information to:
- Facilitate the creation of, administer and secure your account on the League Applications;
- Facilitate payment, using third party payment processing services, should you decide to use our League Applications to purchase services from third party service providers;
- Identify you as a user in our system;
- Provide, personalize, and improve the League Applications;
- Communicate with you about your use of the League Applications;
- Develop new products and services;
- Customize any advertising you view and recommend content;
- Fulfill your requests and respond to your inquiries;
- Send newsletters, surveys, offers and promotional materials related to the League Applications and for other marketing purposes of League using your contact information;
- Send administrative communications about the League Applications;
- Conduct research and measurement activities;
- Protect, investigate, and prevent potentially fraudulent, unauthorized, or illegal activities;
- Protect our rights and the rights of other users; and
We may also use your information to verify your geographic location. We may use your geographic location data to personalize our League Applications, to recommend content, and/or to determine whether the information you have requested is available in your location.
How League Discloses Your Information
We may share your information as follows:
- We may share your information with your consent or at your direction.
- We may also share your information with others who perform services on our behalf (including, but not limited to: advisors, IT providers, contractors and consultants).
- We may disclose your information if we believe we are required to do so by law, or to comply with a court order, judicial or other government subpoena, or warrant.
- We also may disclose your information if we believe doing so is appropriate or necessary to prevent any liability, or fraudulent, abusive, or unlawful uses or to protect League and our League Applications; or any rights, property, or personal safety of League or others.
- In the event that League is or may be acquired by or merged with another company or involved in any other business deal (or negotiation of a business deal) involving the sale or transfer of all or part of our business or assets, we may transfer or assign your information as part of or in connection with the transaction. Finally, in the event of insolvency, bankruptcy, or receivership, information may be transferred or disclosed as a business asset.
- We may also share data with our partners, advertisers, and other third parties which has gone through an anonymization process and been aggregated.
- Where you have agreed to become affiliated with a League partner (for example, by taking advantage of a partner specific promotion), we may disclose your information with that partner.
- We will not disclose Service Provider calendar information (including names, or other information), or use Service Provider external calendar information other than using appointment times to avoid double-booking, and to make the display of a combined calendar convenient for Service Providers.
League takes steps to help protect your information against loss, misuse and unauthorized access, or disclosure. No company can fully prevent security risks, however. While we strive to protect your information, we cannot guarantee its security. To help protect yourself and your information, choose a unique password for our League Applications and do not use a password on our League Applications that you would use on any other website or online service.
If you believe that League has not adhered to this Statement, please contact League by e-mail at email@example.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. Following the conclusion of our investigation, dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof shall be finally resolved by confidential arbitration pursuant to the Ontario Arbitration Act and the arbitration procedures set out therein as modified by this section. Each party shall bear its own legal and other fees relating to the arbitration. The arbitration tribunal’s fees and expenses and shall be borne in equal shares between the parties. The arbitration award will be final and binding, and will not be subject to any appeal. The seat of the arbitration shall be Toronto, Ontario, Canada. In-person hearings and meetings may take place wherever the parties agree to hold them. Failing agreement, they will take place in Toronto. Except as required by applicable law, the parties agree to maintain the confidentiality of the arbitration proceedings and the terms of any award granted pursuant thereto.
If you have consented to receiving promotional and other commercial electronic messages from League, you also consent to League’s use of your Personal Information to send you such messages. You may opt out of receiving such messages from League by following the instructions in those messages. If you opt out, we may still send you non-commercial electronic messages, such as messages about your accounts or our ongoing business relations.
To make changes to your contact preferences or Personal Information, to request deletion of content you post, or to opt-out of sharing your information with third parties, send a request by email to firstname.lastname@example.org. League makes reasonable efforts to completely remove your Personal Information or content but cannot ensure complete or comprehensive removal of the content or information posted on the Services.
Access to and Corrections of Your Information
You have the right to know what information League has about you and to correct any inaccuracies. Please direct any such requests by email to email@example.com, or by one of the other means listed below under the heading “League Contact Information”.
We will not knowingly collect information from users under the age of 13. If we discover that we have collected information from a user under the age of 13, we will delete such information.
League Contact Information
Please contact League with any questions or comments about this Policy, your information, our third-party disclosure practices, or your consent choices firstname.lastname@example.org.
You may also contact us at:
ATTENTION: Privacy Officer
MaRS Centre, 661 University Ave, Suite 1220, West Tower, Toronto, ON M5G1M1
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement (“BAA”) is is between you and League. In providing your services you may be required to have access to and/or to collect or create individually identifiable Protected Health Information. This BAA is intended to protect the privacy and provide for the security of Protected Health Information disclosed, collected or created by you in compliance with HIPAA Rules (as defined herein).
The following terms used in this BAA shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.
(a) Business Associate. “Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103.
(b) Covered Entity. “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103.
(c) HIPAA Rules. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.
Your Obligations and Activities
You agree to:
(a) Not use or disclose Protected Health Information other than as permitted or required by the BAA or as required by law;
(b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 (Security Standards for the Protection of Electronic Protected Health Information) with respect to electronic Protected Health Information, to prevent use or disclosure of Protected Health Information other than as provided for by the BAA;
(c) Report to LEAGUE any use or disclosure of Protected Health Information not provided for by the BAA of which you become aware, including breaches of unsecured Protected Health Information as required at 45 CFR 164.410, and any security incident of which you become aware, (collectively “breach”) within 24 hours after you become aware of a breach.
(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit Protected Health Information, in connection with your services, agree to the same restrictions, conditions, and requirements that apply to you with respect to such information;
(e) Upon receipt of a request for access to an individual’s Protected Health Information made by, or on behalf of the individual, notify LEAGUE within 5 business days after receiving the request. LEAGUE will determine the response to be made to the individual as necessary to satisfy LEAGUE’s obligations under 45 CFR 164.524.
(f) Upon receipt of a request by an individual for amendment(s) of that individual’s Protected Health Information, notify LEAGUE within 5 business days and make any amendment(s) to protected health information in a designated record set as directed or agreed to by LEAGUE pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy LEAGUE’s obligations under 45 CFR 164.526, within 5 business days.
(g) Maintain for 6 years the information required to provide an accounting of disclosures of Protected Health Information to the individual, if requested, as necessary to satisfy LEAGUE’s obligations under 45 CFR 164.528. Upon receipt of such a request, notify LEAGUE, in writing, within 5 business days. LEAGUE will determine the appropriate response consistent with LEAGUE’s obligations under 45 CFR 164.528.
(h) To the extent you are to carry out one or more of LEAGUE’s obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to LEAGUE in the performance of such obligation(s); and
(i) Make your internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.
Permitted Uses and Disclosures by You
(a)You may only use or disclose Protected Health Information as necessary to provide your services.You are authorized to use Protected Health Information to de-identify the information in accordance with 45 CFR 164.514 (a)-(c), ONLY if you request and receive written permission from LEAGUE. Any such permission shall specify the manner in which you will de-identify the information and any permitted uses and disclosures by you of the de-identified information.
(b) You may use or disclose Protected Health Information as required by law.
(c) Business agrees to make uses and disclosures and requests for Protected Health Information consistent with LEAGUE’s minimum necessary policies and procedures.
(d)You may not use or disclose Protected Health Information in a manner that would violate Subpart E of 45 CFR Part 164 if done by LEAGUE, except for the specific uses and disclosures set forth below.
(e) You may use Protected Health Information for the proper management and administration of your business or to carry out your legal responsibilities, provided the disclosures are required by law, or you obtain reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies you of any instances of which the person is aware in which the confidentiality of the information has been breached.
(f) You may use Protected Health Information to de-identify the information in accordance with 45 CFR 164.514(a)-(c), ONLY if you request and receive written permission from LEAGUE.
(g) You may provide data aggregation services relating to your operations ONLY if you request and receive written permission from LEAGUE.
Provisions for LEAGUE to Inform You of Privacy Practices and Restrictions
(a) LEAGUE shall notify you of any limitation(s) in the notice of privacy practices under 45 CFR 164.520, to the extent that such limitation may affect your use or disclosure of Protected Health Information.
(b) LEAGUE shall notify you of any changes in, or revocation of, the permission by an individual to use or disclose his or her Protected Health Information, to the extent that such changes may affect your use or disclosure of Protected Health Information.
(c) LEAGUE shall notify you of any restriction on the use or disclosure of Protected Health Information that LEAGUE has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect your use or disclosure of Protected Health Information.
Term and Termination
(a) Term. This BAA shall be effective upon your agreeing to be bound by the terms of these Agreements until terminated by you or LEAGUE.
(b) Termination for Cause. You authorize termination of this Agreement by LEAGUE, if LEAGUE determines that you have violated a material term of the BAA and you have not cured the breach or ended the violation within 14 days.
(c) Your Obligations Upon Termination.
Upon termination of this Agreement for any reason, LEAGUE shall direct you to destroy or return to LEAGUE all Protected Health Information received from LEAGUE, or created, maintained, or received by you on behalf of LEAGUE, that the You still maintain in any form. You shall retain no copies of the Protected Health Information.
(d) Survival. Your obligations under this Section shall survive the termination of this BAA.
(a) Regulatory References. A reference in this BAA to a section in the HIPAA Rules means the section as in effect or as amended.
(b) Amendment. The Parties agree to take such action as is necessary to amend this BAA from time to time to ensure compliance with the requirements of the HIPAA Rules and any other applicable law.
(c) Interpretation. Any ambiguity in this BAA shall be interpreted to permit compliance with the HIPAA Rules.