Privacy Policy
Introduction and Scope
This Privacy Statement serves to illustrate how Empathic Counselling, including its digital platforms (“us”, "we"), compiles, utilizes, and safeguards your personal and household details during your interaction with our services. The information mentioned here includes data that might be associated with you such as your name, contact details, and any engagement with our Counsellors via our Platform. The purview of this policy extends to all visitors, registered members, and Counsellors on our platform. It should be noted, however, that this policy does not encompass the data collection and usage for our employees or contractors, excluding Counsellors. By accessing and using our app or website, you are acknowledging and agreeing to our Terms & Conditions as well as our Privacy Policy. This includes your understanding and acceptance that we will share specific data with our Service Providers. Please feel free to email support@Empathica Counselling.com if you have any questions about this Policy, or any suggestions for us to improve it.
Service Providers
A Service Provider, as defined by us, is an individual or company that has a legal agreement with us to process data we collect, strictly under our instruction. They are prohibited from disclosing identifiable data to others except us or their own subcontractors, provided these subcontractors adhere to equally stringent data processing terms. The data Service Providers handle should be used solely to deliver services as per our agreement or as needed for:
Adherence to applicable laws, regulations, or legal processes;
Fraud detection, prevention, and addressing security vulnerabilities;
Debugging to fix errors affecting functionalities; and/or
Internal technological research and demonstration of our products/services, given the use is reasonable and proportionate to the purpose for which data was shared.
Please see Terms & Conditions for more information on how Empathica Counselling works with Service Providers, including JaneApp and Google Workspace.
Information Gathering and Utilization
Depending on your interaction level with our website, app, or the Platform, we gather and handle various types of data including Website Data, Client Data, Client Number, Transaction Data, Therapy Data and Counsellor Data. The purpose of these practices is to facilitate the smooth operation of the Platform, improve your user experience, maintain communication with you, and, with your consent, to interact with Third Parties for promotional purposes. This includes the collection and management of "Therapy Data," which consists of essential health and treatment information required for providing therapy services. In the context of this Policy, a "Third Party" refers to any entity that does not fall under the categories of Empathica Counselling, Service Provider, Counsellor, or any other parties explicitly identified in this Policy.
The Rationale Behind Processing Information
The processing of your data is carried out for several reasons outlined in the list below:
Connecting You With Therapy Services: We facilitate information sharing between you and your Counsellor to help you receive the necessary therapy services. We also use data such as your Counsellor preferences and jurisdiction (if applicable) to suggest a Counsellor who meets the required licensing or accreditation criteria.
Enabling Therapy Tools: We process specific data to make therapy tools available, such as journal entries, goal setting, and relevant worksheets. These tools enhance your therapeutic experience. We also process Visitor Data, Account Data, Counsellor Data, and Client Number to secure your account and ensure the platform's security.
Communicating With You: We process data to effectively respond to any questions or concerns you may have about the platform.
Improving Therapy Quality: We monitor live session attendance, cancellations, client feedback, and Counsellor ratings to ensure timely and quality services. With your consent, a licensed Counsellor from the Empathica Counselling Supervision Team may review correspondence for quality assurance.
Personalizing Your Experience: For example, if you express the need for help with ADHD, we recommend appropriate content and features such as psychoeducational resources.
Compliance With Laws: We may share information if legally required, such as in response to a court subpoena. Counsellors are also required to maintain a comprehensive record of the care and services they provide you ("Clinical Counselling Record").
Ensuring Safety: If there is a threat to your safety or others, we may use the information to investigate or alert you or the relevant authorities, if legally permissible.
As a Counsellor on our platform or a prospective recruit, we may process your data for the following purposes:
Recruitment and Onboarding: To aid in recruiting Counsellors and integrating them onto our Platform.
Platform Operation: To facilitate matching with clients based on preferences and to enable client communication.
Identity Verification and Account Security: To validate your identity and ensure the security of your account.
Background Checks: To conduct necessary checks for credentialing and re-credentialing.
Payments and Tax Compliance: To facilitate your remuneration and abide by relevant tax laws.
Feedback and Statistics: To provide quality metrics, feedback from our Supervision Team, and client responses.
Information Sharing: To inform you about new features, opportunities, and incentives.
Profile Promotion: To promote your profile on Empathica Counselling and third-party sites to attract more clients.
Communication: To send reminders, notifications, and updates about your application, profile, or account via email, calls, or SMS.
Dissemination of Information
Both you and your Counsellor have access to your messages, submitted worksheets, and opted-in journal entries. With your consent, a licensed Counsellor from our Supervision Team may review this correspondence for quality assurance, such as addressing concerns about a Counsellor's clinical care. If security, legal, or fraud issues are suspected with an account, our Legal Team may also review correspondence. Your communication with your Counsellor is not shared with third parties, and your live sessions are not recorded. Furthermore, information regarding your messages or sessions with your Counsellor is kept confidential from third parties. We may share your data under some circumstances such as:
Legal Compliance: Data might be disclosed to comply with laws, such as in response to a court subpoena. We generally defer to your Counsellor's discretion to disclose any psychotherapy notes or messages. We urge you to discuss any concerns about disclosure obligations with your Counsellor.
Service Provider Collaboration: We may share data with Service Providers who help us operate the Platform. These can include data hosting, customer service, billing, analytics, and legal advisors.
Platform Safety and Security: To protect the Platform and our users, we might share some of your data with Service Providers specializing in security.
Counsellor Recruitment: If you're a Counsellor or a prospective recruit, we may share data with recruiters to facilitate the recruitment process.
Business Transitions: Your data may be shared in connection with business transactions such as asset sales, mergers, or bankruptcies.
Analytics: If you opt into "Analytics," we might use analytics cookies from trusted Service Providers to analyze traffic and improve our services.
Advertising: If you opt into "Advertising," information about your activity on our websites may be shared for advertising purposes, excluding activity when you're logged in and undergoing therapy.
I want to emphasize that your privacy is a top priority for us. No data or information you exchange with your Counsellor will ever be shared with third-party advertisers. This rule remains firm even if you opt into cookies and web beacons. We strictly protect personal and sensitive data including but not limited to your name, email address, phone number, clinician diagnoses, session records, journal entries, messages, worksheets, and any other type of private communication you engage in with your Counsellor on the platform. Your information stays strictly between you and your Counsellor.
JaneApp-Specific Information
The following section outlines the different types of information we may collect from you when you use our counselling services ("Client Data"). The use and handling of this data are governed by JaneApp Privacy Policy and applicable laws.
Contact Information: This includes identifiable data like your name, email address, phone number, and physical address, which helps us to communicate and provide services to you.
Login Information: We may track when you log in and out of our system. This data helps us manage your account, provide security, and enhance your user experience.
Scheduling Information: Your booking and cancellation history are recorded to manage our scheduling effectively and ensure a smooth service provision. Please note, to facilitate scheduling, some scheduling information might be communicated via email.
Payment Data: We collect payment information through our secure payment gateway partner, Stripe, to process transactions for our services.
Personal Health Number (Optional): Where applicable and consented by you, we may collect your Personal Health Number to streamline health records and comply with healthcare laws and regulations.
Chart Entries: Therapists may create therapeutic notes throughout your treatment journey. These notes, also known as Chart Entries, provide a record of your progress, therapy activities, and important aspects of your treatment.
Uploaded Documents: Therapists may upload documents related to your therapy. For instance, they might include notes from conversations with other healthcare professionals, therapy worksheets, or any other relevant documentation that supports your therapy.
Ownership and Custody of Data
Empathica Counselling is the owner of all data hosted on JaneApp. JaneApp serves as the custodian of the data, managing and safeguarding it on our behalf.
Deactivated Accounts and Data Dormancy: When a client account is deactivated, all associated data remains dormant to facilitate potential reactivation in the future. Despite this, clients have the option to request complete erasure of their contact data by directly reaching out to Empathica Counselling.
Visibility of Client Data: Clients can request their counsellor to make their data visible, which includes all chart entries. Upon approval, these entries will be accessible in the 'Documents' folder located in the 'My Account' section on JaneApp.
Requests for Permanent Data Erasure: Clients reserve the right to request the permanent erasure of their data, inclusive of Chart Entries. These requests are to be directed to the client's counsellor. It's important to note that due to legal obligations such as subpoenas, or the need for approval from regulatory bodies, not all requests for data erasure may be accommodated. For further clarification regarding data erasure, clients are advised to consult directly with their counsellor.
Use of Cookies and Web Markers
Web cookies, often just called "cookies," are small pieces of data that are stored on your computer by your web browser. They're used by most websites to improve your browsing experience. We employ cookies and similar technologies for improving your user experience, monitoring usage, ensuring legal compliance, and for advertising purposes, should you choose to opt in by accepting the banner when you initially visit the website at empathicacounselling.com. To connect with individuals seeking mental health support, we place advertisements on various third-party platforms, including websites and apps. To keep our advertising expenses - and by extension, your costs - to a minimum, we aim to display ads that are engaging, personalized, and directly relevant to the viewer's interests and needs. For additional information regarding Third Parties that Empathica Counselling may share data with, please reference our Terms & Conditions Policy.
The implementation of cookies on JaneApp is governed by their own independent policy, which you can thoroughly review at this link: Cookie Policy. JaneApp is currently enhancing their platform to offer a more transparent choice for users to either consent to (opt-in) or reject (opt-out) their use of cookies.
Data Security Measures
We prioritize your privacy and work tirelessly to keep your data secure. As a user of our website, we want you to understand the safety measures we employ. We use JaneApp, a trusted service provider, to ensure the highest level of data security. Here are the key details from JaneApp:
Encryption Standards: We utilize 128-bit and 256-bit Advanced Encryption Standards (AES) to secure data.1.1. 128-bit Encryption (AES-128): Used to secure data in transit, i.e., data moving between two points such as your device and our servers.
Hosting and Cloud Services: Our site is hosted on AWS (Amazon Web Services), a trusted and secure cloud service provider compliant with ISO 27001 and SOC 2.
Secure Sockets Layer (SSL) and Transport Layer Security (TLS): All data exchanges between your browser and our servers are encrypted using HTTPS protocols. We use an SSL Certificate and the latest, most secure versions of TLS technology.
Databases and Servers: Real-time and nightly data backups are stored in mirrored servers in different cities, All backups are encrypted and regularly tested and We use a web application firewall and an intrusion prevention system for additional security.
Physical Security: Our servers are housed in a secure facility with advanced security and surveillance technologies. Only our team can access and modify files on our system.
Certifications: We hold a SOC 2 Type 2 certification, indicating our commitment to security and privacy.
Staff Access to Data: Our support staff can access your account data, but only when you request assistance. We strictly limit access to your medical data to senior managers.
Protection against Local Threats: As a web-based application, our system remains unaffected even if your local network or computer encounters issues. We can track and easily restore any data in case of unauthorized changes.
We strive to ensure your privacy and data security, and we regularly update our systems and protocols to keep up with emerging threats. Your trust and safety are our top priorities.
For a more comprehensive understanding of how JaneApp handles data and protects your privacy, we encourage you to explore their Terms and Conditions as well as their Privacy Policy. This information can provide valuable insights into their operational procedures and commitments to user safety. You can access this information by visiting the following link: JaneApp Privacy Policy.
Beware of Phishing Scams
Phishing is a fraudulent attempt to obtain sensitive information such as usernames, passwords, and credit card details, often disguised as a trustworthy request. Rest assured, we will never ask for your login or credit card details through any unsecured or unsolicited communication. Please exercise caution when asked to provide your account details, and ensure you are entering them into our secure system.
External Links on Our Platform
You may find links leading to other websites or services on our platform. Please be aware that we don't regulate these external websites, nor do we have control over their privacy policies or terms of use. Our inclusion of a link to an external website should not be interpreted as our endorsement, approval, or representation of our association with that third-party entity, or their privacy and security practices. Always review the terms and conditions of any external site before sharing any personal information.
Collection of Personal Information
When you register for an account, we ask for an email for account verification and communication but not your full name. Additional contact details are gathered when you commence therapy on the Platform, as required by therapy regulations and ethical codes. We collect and process your address information as part of your emergency contact details when you begin therapy on our Platform. This is necessary to comply with therapy regulations and ethical codes, and could be used if your Counsellor perceives an immediate risk to your safety. While you enter this information, we may use your general location to provide autocomplete suggestions for your convenience.
Promotional Emails and Opting Out
You always have the choice to opt out of receiving promotional emails by clicking the unsubscribe link provided in the emails.
Protection of Minors
We do not knowingly gather data from anyone under the age of 13. If we accidentally collect data from a child under this age, we promptly delete the information upon notification.
Legal Collaboration
Just like any other therapy service, both online and in-person, we are legally obligated to collaborate with government agencies when required. This may involve sharing certain information requested in a subpoena, for instance. It's important to note that typically we leave the decision to disclose (or not disclose) any psychotherapy notes or messages between you and your counsellor to your counsellor's discretion. There are stringent rules in many jurisdictions concerning confidentiality within the counsellor-client relationship. If you have any worries about the confidentiality rules your counsellor adheres to, we advise discussing them early on in your counselling process. Moreover, please be aware that counsellors might be required to disclose certain information to meet their professional and legal obligations. For instance, some laws mandate mental health professionals to report and/or act in situations of suspected or reported abuse, severe suicidal potential, threatened harm, or court-ordered treatment. If you have any concerns regarding these obligations, we encourage you to have a conversation with your counsellor.
Amendments to Privacy Policy
We periodically update this Privacy Policy. In the event of significant changes, we notify you via our website or app when you log in to your account.
Jurisdiction
The laws of British Columbia, Canada govern this Privacy Policy and the use of our Platform.
Please note, if you have queries or require more information about this policy, do reach out to us at support@EmpathicaCounselling.com.