Terms of Use Agreement.

Last Updated on 9/26/24

Welcome to our website. Ekaterina Kapoustina (“we”, “our” or “us”) respects your privacy and is committed to protecting it.

This Terms of Use Agreement (the “Agreement”) governs your access and use of our website, wwww.ekaterinakapoustina.ca including any content, functionality or services offered through our website or related landing pages (collectively, “Site”) whether as a guest or a registered user. In this Agreement “you” or “your” refers to any individual who accesses our Site.  

The Site or contact information provided on the Site should not be used if you are experiencing a medical emergency. If you have a medical emergency, please call 911 immediately or attend the emergency room of the nearest hospital. Under no circumstances should you attempt self-treatment using the content of our Site. The Site is not a substitute for medical advice or the services of a regulated health professional.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR WEBSITE

Please review our Agreement carefully. This Agreement is legally binding as of the date you access our Site.  By using our Site or by clicking to accept or agree to the Terms of Use and Agreement when this option is made available to you, you expressly accept and agree to be bound and abide by this Agreement. If you do not agree to the Agreement, you must not access or use our Site or Services.

This Agreement sets out how we collect information from you when you visit our Site, either automatically, or through certain voluntary actions you may take while visiting our Site, including but not limited to, accessing, purchasing or downloading any products, content or resources available on our Site or engaging or interacting with us either through this Site (collectively, “Services”).

This Agreement applies to information we collect:

  • On this Site;

  • In email, text and other electronic message features on our Site;

  • Through any downloadable features on our Site;

  • When you interact with us or applications on third party websites and services of those applications (e.g. Jane).

This Agreement also sets out how we use and disclose your information and your rights with respect to your personal information that is collected when you visit our Site, or use our contact information to inquire about our services. If you do not agree to any terms of our Agreement, you agree to no longer use, navigate, access, or browse our Site. By continuing to use our Site you are agreeing to the terms of our Agreement.

Exceptions

This Agreement does not apply to information collected by us offline or through any means other than the Site, including on any other website operated by us, or any third party. Personal health information collected by us in the course of providing therapy services will be handled in accordance with our Privacy Policy, which is discussed with our clients as part of our informed consent process.

THIRD PARTY POLICIES 

Our Site is hosted by a third-party service provider, Squarespace, which also has its own policies regarding data and privacy. Please review them if you have any questions about how Squarespace will handle your information: https://support.squarespace.com/hc/en-us/sections/360000340467-Cookies-privacy-and-policies

If you choose to book an appointment, you will be redirected to our third-party electronic medical record (“EMR”) provider, Jane. Jane also has its own data and privacy policies. Please review them if you have any questions about how Jane will handle your information: https://jane.app/legal/privacy-notice#patient-data 

If you have concerns about these third-party policies, please let us know. Your feedback is important to us.

USE OF SITE

Age

You must be at least 18 years old to use our Site. No one under the age of 18 may provide any information to or on our Site.  We do not knowingly collect, use or disclose personal information about visitors under 18 years of age without personally assessing their level of maturity, or obtaining the consent of their parent or guardian. If you are under 18 years of age you must immediately stop using our Site and not provide any information to us through any function on our Site. If you become aware that we have collected information from anyone under the age of 18 please contact us at info@ekaterinakapoustina.ca so we may delete that information.

Risk to devices

We do not guarantee or warrant that the Site is compatible with your computer system or mobile device or that the Site, or any links from the Site, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and/or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system and/or mobile device that may be necessary as a result of your use of the Site.

Electronic Communication

When you use the Site or send email or other electronic messages to us, your Personal Information will be transmitted electronically and you accept the inherent risks of using electronic communication. You understand that there are inherent risks to electronic communication and using the internet. We do not guarantee the security of data transmitted over the internet or public networks in connection with your use of the Site.

Intellectual Property

The content and materials on the Site, including text, graphics, logos, designs, and software, are protected under intellectual property laws. To respect our intellectual efforts:

  • Usage Restrictions: You are not permitted to copy, modify, distribute, or reproduce any content from the Site without our explicit written permission. Unauthorized use of any portion of the Site may violate copyright, trademark, and other laws.

  • Protection of Creativity: This policy protects the creativity and hard work that goes into developing our services and content.

Permitted Use

By using the Site, you agree that you will not use the Site in violation of this Agreement or of any applicable law. You will not, without our prior written permission, use the Site for any purpose other than to become informed about the Services or contact Ekaterina Kapoustina regarding the Services.

INFORMATION WE COLLECT

We collect certain types of information from you when you visit our Site and/or when you contact us to inquire about our services, or the Site. By accepting this Agreement, you are expressly consenting to (i) our collection of information as described below; (ii) our use of the information collected for the purposes described; (iii) the processing of this information; and (iv) our sharing of data with third-party processors as needed to run our business.  

Here are some examples of the data we collect. However, this may not be a complete list:

Personal Information: Personal identifying information such as your first name, last name and email addresses.

Handle: Means to access, receive, collect, use, transmit, store, process, record, disclose, transfer, retain, dispose of, destroy, manage, or otherwise handle Personal Information.

Computer, Browser and Mobile Information: Computer and connection information such as statistics on your page views, traffic to and from the Site, your unique resource locator (“URL”), your internet protocol (“IP”) address, web pages you visited prior to coming to this website, and your Site log information. If you access our Site via your mobile phone, we may collect information about your device, including but not limited to, the model, manufacturer, device identification and your location information. This information may also include details about your use of this website, including: clicks, internal links, pages visited, scrolling, searches, and timestamps. We share this information with Squarespace, our website analytics provider, to learn about site traffic and activity. Squarespace needs the data to run this website, and to protect and improve its platform and services. Squarespace analyzes the data in a de-personalized form.

Fonts: The Site serves font files from and renders fonts using Google Fonts and Adobe Fonts. To properly display this site to you, these third parties may receive personal information about you, including: information about your browser, network, or device; information about this site and the page you’re viewing on it; and your IP address.

Sensitive Information

We will not request sensitive information from you at any time through the Site, other than what is needed to establish initial contact by email, phone, or through Jane. Please do not submit any sensitive data to us, including your social insurance or security number, health data, genetic data, or information related to your ethnic origin, religious beliefs, or criminal history. If you do send us this information, then by doing so you are providing your implied consent to our use, storage, and processing of this information in accordance with this Policy.

HOW WE COLLECT YOUR INFORMATION

Information You Voluntarily Provide

We collect information that you voluntarily and manually provide when you use our Site, such as when you access certain content on our Site, such as downloading content, send us questions, or interact with us through this Site (such as when you provide comments or other feedback). Some of the information you manually provide may be personal information, such as your name or email address.

Information from Your Website Browser or Mobile Device

We collect information that is sent to us automatically from your website browser or mobile device, such as your IP address, the name of your operating system, the name and version of your browser, date and time of your visit, page(s) you visit and length of time you spent on each page. The information we receive may depend on your browser or device settings. Information received from your website browser and mobile device typically is not, in and of itself, personally identifiable.

Tracking Technologies

We collect information when you visit our Site and through our email communications, by using cookies, pixels, website beacons, tags, and other tracking technologies to collect information about your engagement, as well as your browsing behaviour. These tracking technologies include:

  • Clickstream Data: Through Site access logs we collect your URL, clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying Site usage data, such as the number of hits and visits to the Site. This information is used for internal purposes for research and development, user analysis and business decision making, all of which provides better services to our users. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third-parties for data processing and analyzing.

  • Cookies: The Site uses cookies and similar technologies, which are small files or pieces of text that download to a device when a visitor accesses a website or app. These necessary and required cookies are always used, which allow Squarespace, our hosting platform, to securely serve this website to you. These analytics and performance cookies are used on this website, as described below, only when you acknowledge our cookie banner. This website uses analytics and performance cookies to view site traffic, activity, and other data. Cookies collect data sent to us by your computer about (i) the way you interact with our Site, such as when you use certain features or download attachments; (ii) collect data to assess and improve our marketing and advertising; (iii) allow partners and third-parties to use these tracking technologies to track your use of our Site, including on multiple devices; (iv) collect statistical data such as how long you stay on a certain webpage on our Site and the location from where you access our Site. All of this information helps us to improve the Services, provide content based on the interests of our users and improve the functionality of our Site. Most browsers are set to accept cookies by default. In addition, when you first encounter our Site, you will be asked to “consent to cookies.” If you wish to disable cookies, you may do so through your individual browser options. However, this may affect your ability to use or make purchases from our Site. More detailed information about cookie management with specific website browsers can be found at the browsers’ respective websites.

  • Social Widgets. These buttons are provided by third-party social media providers that allow you to interact and access certain social media services when you view a page on our Site. These widgets may collect browsing data, which may be sent to the respective third-party social media provider.

  • Third Party Software. We use a third-party software, Jane, to provide the convenience of scheduling online appointments. This third-party software may use cookies or similar tracking technology. We have no control over these third-parties or their use of cookies.

Ability to OPT-OUT of Tracking

We also may use the above-mentioned automated technologies to collect information about your online activities over time and across third-party websites or other online services (behavioural tracking).  We respect your decision if you want to opt-out of tracking for this website. If you choose to opt-out some features of this Site, or future features of this Site may not work properly. If you would like to Opt-Out of tracking or just want more information about how to do that please use these resources.

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

This website offers more information on how you can opt-out of certain tracking and internet-based advertising procedures: https://optout.networkadvertising.org/?c=1

To learn how to turn tracking on or off on your device, you can visit the following websites:

Turn “Do Not Track” on or off/Android

Turn “Do Not Track” on or off/Mac

Email Policies

We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as expressly set out in this Agreement. In compliance with the ten privacy principles set out in Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and the Canada’s Anti-Spam Legislation (CASL) all e-mails sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you can opt-out of further e-mail communication from us and will contain an “unsubscribe” link at the bottom of each email. If you have any issues unsubscribing from our newsletter or other communications, please contact us at info@ekaterinakapoustina.ca requesting to unsubscribe from future emails and put “unsubscribe” in the subject line.

HOW WE USE AND DISCLOSE YOUR INFORMATION

Use of Information

We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our own legitimate business interest. Generally, the purpose of collecting your information through our Site is to:

  • Provide our Site and its contents to you;

  • Provide our Site and its contents to you;

  • To provide you with information and services that you request from us;  

  • Collect statistical data and analyze trends for our use to better understand your needs and interests;

  • Contact you with newsletters;

  • To allow you to participate in interactive and social features on our Site;

  • Improve the content, functionality and usability of this Site and provide a tailored and personalized experience for you when you visit our Site;

  • Prevent fraudulent activities and security breaches;

  • Resolve disputes and assist law enforcement when necessary or respond to any legal claims or otherwise comply with our legal obligations; and

  • For any other purpose with your consent.

Disclosure of your Information

We confirm that we only share your information pursuant to the terms of our Agreement and are committed to protecting your privacy.

At certain times and in certain circumstances, we may disclose your personal information that we collect, or you provide as described in this Agreement with third parties. We may share your data with third party processors as needed to serve our legitimate business interests. We will not sell your information to any third-party. We may share your Information with third parties from time to time in certain situations and in order to carry out the following business operations:

  • Administering our Site and various tasks such as hosting services, email delivery, and communications;

  • Delivery of our Services;

  • Entering into agreements and communication with you;

  • Analyzing data and trends;

  • Protecting the security of our business and Site; including to investigate and remedy any breach of any of our rights or policies, or as needed to obtain and maintain insurance coverage, manage risks, obtain financial or legal advice;

  • Promoting and marketing the Site and Services;

  • To comply with any requirements to disclose by law, such as to initiate or respond to any legal action or to protect the rights, property and safety of others. This includes sharing information with other parties to prevent security breaches;

  • Any other reason necessary to comply with any legal obligation, to protect your interests, the interests of others or our business;

  • With your consent.

Retention of Information

We retain your information only as long as is reasonably necessary to provide you with the Services, comply with our legal obligations or until you request that we delete your information. Any information we no longer need will be permanently deleted.

International Data

Your information may be transferred to and maintained by Squarespace on servers located outside of Ontario or Canada where the data protection laws may differ than those in Ontario.

Protection of Your Information

We take reasonable steps to ensure the security of the information you voluntarily provide to us, as well as that information that is collected automatically. We implement a variety of security measures to maintain the safety of your personal information including using standard security protocols and transmitting information securely via Secure Sockets Layer (SSL) and only use recognized third-party applications. Since email is not considered secure, please do not send us private information via email. Doing so is completely at your own risk. To schedule an appointment, please book through the Jane app by clicking “book a free call”. While we take these steps to protect your personal information as much as we can, no system or transmission of data over the internet or any other public network or any storage of data can be guaranteed to be 100% secure. If you are concerned about your personal information, please contact us at info@ekaterinakapoustina.ca

Event of a Breach

If we become aware that information has been lost, stolen, or potentially compromised, we will notify any affected individual (or work with Squarespace to do so).  

YOUR RIGHTS

We respect your rights to your personal information and data. You have the right to access, correct, request restriction or deletion of your information, or request how we use your personal information and data collected, as required by applicable law. Note that we may charge a reasonable fee for actions that you ask us to take with respect to your data. In addition, we reserve the right to first request you provide us with evidence verifying your identity before we take any action.

After we verify your identity, you have the right to:

  • Update or change any information you have provided to us. To update or delete Your information, please contact us at info@ekaterinakapoustina.ca;

  • Request that we confirm what data we hold about you, and for what purposes. You also have the right to confirmation of whether we process your data or deliver your data to third party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others;

  • Change your consent to our use of your information. In such cases you may not have full access to our Site;

  • Request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.

  • Request that we gather and transfer your data to another controller, in a commonly used and machine-readable format, unless doing so would cause us an undue burden;

  • Request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of your account with us, and you may have limited or no use of our website;

  • In certain situations, restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights, our rights, or those of others. In addition, you may opt out of any processing of your data altogether. However, doing so may result in the decreased access to our Site; and

  • Complain to the Information and Privacy Commissioner of Ontario if you believe we are misusing your data or have violated any of your rights under this Agreement or applicable law.

If you wish to have any third-parties delete your information (such as Jane or Squarespace), you will need to contact those third-parties directly to do so. Upon request, we will provide a list of all third parties to whom we have transmitted your information.

MISCELLANEOUS

Jurisdiction

This Agreement is governed by the laws of Ontario.

Severability

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term of provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Limitation of Liability

To the fullest extent permitted by law, Ekaterina Kapoustina is not liable for any direct, indirect, incidental, special, consequential, or punitive damages, including lost profits or revenues, arising from your use of our Site.

Changes to Agreement

We reserve the right to update and change this Agreement and will make our best effort to update the date “Last Updated” at the top of this page each time we make changes. You can review our most recent changes by visiting this page. By continuing to use our Site, you waive specific notice of, and accept all changes to our Agreement made from time to time. We encourage you to return to this page each time you access our Site to ensure you have read our most recent Policy.  

CONTACT US

If you have any questions about our Agreement or wish to exercise any of your rights as set out in this Agreement, please contact our dedicated data manager at info@ekaterinakapoustina.ca or 365-662-2668.