Sagit Labs Inc, a duly constituted corporation under the Corporations Act
RLRQ, C. S-31.1, with its headquarters at 3500 Boulevard de Maisonneuve Ouest, Ste 1000, Montreal, Quebec, Canada H3Z 3C1 (hereinafter referred to as “SAGIT”), operates and owns the C4 Platform(the “PLATFORM”).
Unless otherwise indicated, any reference to Sagit herein refers to the company Sagit Labs Inc. Each reference to “we,” “us,” and “our” herein refers to Sagit Labs Inc.
Based on a SaaS ( software as a service ) model, the PLATFORM can be used in particular to facilitate operational collaboration in healthcare systems while optimizing patient flow and improving quality of care.
The system's main functionalities:
1. Creating read-only connections with multiple data sources at the Customer’s location.
2. Collecting selected data points,
3. Generating predictions upon the collected data (feature to come)
4. Generating call-to-action in real-time(feature to come)
5. Representing operational dashboards to stakeholders in near-real-time
(hereinafter the SERVICES)
To benefit from these features, the PLATFORM offers the following functionalities:
- Rule-Based Alerts are rules defined according to the client's priorities, to prevent delays in care and bottlenecks in patient flow. These rules may change from one client to another and are easily modifiable.
- Predictions are believed outcomes based on the most updated data available. Any prediction should reflect the hospital and health system state for the future, and should consider all relevant information.
- Calls to Action are actionable messages that are initiated via the system, like an SMS, email or notification to a user. Such actions should be tracked in a way that allows updates regarding corresponding actions, including showing resolution once the action is complete.
These General Terms and Conditions of Use (hereinafter “GTU”) govern all of the different uses of the PLATFORM.
THUS, ANY USE MADE FOR ANY REASON WHATSOEVER, OF THE PLATFORM IMPLIES THE UNRESERVED ACCEPTANCE, BY THE USER, OF THESE GENERAL TERMS AND CONDITIONS OF USE (CGU) CONSULTABLE AND DOWNLOADABLE FROM THE PLATFORM.
IF YOU DO NOT ACCEPT OUR GENERAL TERMS OF USE, PLEASE DO NOT ACCESS AND/OR USE THE PLATFORM.
The terms listed below will have, in the context of these T&Cs, the following definitions:
1. “CUSTOMER”: refers to the organization or establishment having subscribed to SERVICES proposed by SAGIT, particularly the PLATFORM.
2. “PATIENT”: refers to the citizen whose data is displayed by the PLATFORM in order to benefit the USERS from the SERVICES.
3. “PLATFORM”: refers to the platform published by SAGIT and all its graphic, sound, visual, software and textual components. The PLATFORM is the exclusive property of SAGIT.
4. “SERVICES”: refers to all the services offered by SAGIT via the PLATFORM. The Services are detailed in article 4 of these T&Cs.
5. “PROFILE”: refers to the administration interface made available to the CUSTOMER by SAGIT.
6. “USERS”: refers to all categories of end users of the PLATFORM. Users are not involved with the development of the platform. The CUSTOMERS and/or its employees are thus considered USERS. The PLATFORM consists of many different types of users, including (but not limited to):
- Healthcare Managers, healthcare managers manage the people responsible for providing patient care and are responsible for a specific area or service line within a healthcare system.
- Health System IT team (or hospital IT team ) will have a limited role in using or supporting the C4 system once cloud deployment is complete. During installation, the hospital IT team will help integrate various clinical and other applications and integrate with the hospital active directory or similar system.
- C4 Stakeholders, this group of users may use the system to help inform daily operational decisions or to review the system for feature requests, functionality changes, etc.
- Doctors and physicians may use the C4 system to receive alerts about patients who require consultation services, review patient status and understand delays in care.
- Nurses may use the C4 system to get an overview of patient status, review laboratory results and vital signs, facilitate the release of bottlenecks and further coordinate patient care.
- Assistants, Clerks, and similar roles may be assigned tasks from managers, nurses or physicians, based on alerts within the C4 system. These roles are likely critical to releasing bottlenecks and overall process improvement.
These T&Cs, concluded between SAGIT, on the one hand, and the CUSTOMER; on the other hand (hereinafter collectively referred to as the "PARTIES"), are intended to regulate the general rights and obligations of the PARTIES in the context of the use of all the SERVICES offered via the PLATFORM. They constitute the common basis of contractual relations.
Each USER can access his PROFILE, where he can observe the data provided by the PLATFORM, and track alerts in accordance with Articles 5 and 6.
The USER’s registration, login management and account Setup are handled by the CUSTOMER’s HEALTH SYSTEM IT. Any requests related to registration to PLATFORM must be forwarded to HEALTH SYSTEM IT.
The CUSTOMER will be solely responsible for using their identification elements by third parties or actions taken through his account, whether they are fraudulent or illegal.
USER’s account is created in compliance with CUSTOMER’s policies and procedures and may be linked to USER’s global active directory account.
This allows the USER to use one sign-on to many applications without requiring you to create separate accounts for each tool.
The USER must be an employee of your organization to have access to C4. USER’s employment status must be such that you require access to patient information, in summary or detail.
Access to the PLATFORM is possible 24 hours a day, 7 days a week, except in cases of force majeure, technical incidents, or interventions made necessary for the proper functioning of the PLATFORM.
By browsing the PLATFORM, each USER has the possibility of:
1. Visualize their own PATIENT information (vital signs, demographic, laboratory results)
2. Consult the PATIENT information, as well as those to which his/her organization would have given him/her access, if applicable
3. Get an overview of what is happening at all hospital and health system departments.
4. Get a detailed view of what is happening in their department(s).
5. Get alerts on specific bottlenecks according to the rule-based alerts defined by the clinical management.
6. Get predictions about future movements of patients within the health system.
7. Instigate actions to communicate the system conclusions to the relevant staff and patients.
8. Consult data from different systems regarding admitted patients: results laboratory, patient location (care unit, other location), vital signs. Shows trends in vital signs and lab results over time, ECG trace (if available).
9. Consult in real time the movement of patients, during their stay in the hospital according to their care trajectory (e.g., cardiology, surgery, geriatrics.)
10. The dashboard also allows you to configure certain display settings and apply predefined filters
The SERVICES dedicated to CUSTOMERS, detailed in Contractual Agreement include in particular:
1. Development of C4 application
2. Network Operations
3. Technical Operations
4. Help Desk
5. Information Security
6. Business Continuity
Specific Service Level Agreements (including details of maintenance and hosting services) may be concluded between SAGIT and the CUSTOMER as part of the paid offers detailed at the time of subscription and the associated General Conditions of Service.
As part of the use of the PLATFORM, each USER undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these T&Cs.
Each USER has an obligation to:
1. Behave fairly and reasonably towards SAGIT and third parties;
2. Be honest, responsible and sincere in the information provided to SAGIT and, where applicable, to other USERS,
3. Use the PLATFORM only in accordance with the purpose described in these T&Cs,
4. Not divert the purpose or otherwise use the PLATFORM to commit breaches, offenses, crimes, misdemeanors or contraventions punishable by the Criminal Code, a Code of Ethics, or any other law;
5. Respect the privacy of third parties, PATIENTS and the confidentiality of exchanges between CUSTOMERS, all in accordance with any applicable law, including, but not limited to, the Personal Information Protection and Electronic Documents Act (" PIPEDA of Canada and the Act respecting the protection of personal information in the private sector (“ LPRPSP ”) of Quebec;
6. Without limiting the generality of the foregoing and other applicable legal obligations, comply with all of the obligations set out in sections 65 and 67 of the Act respecting access to documents held by public bodies and the protection of personal information, RSQ, c. A-2.1 (“Access Act”);
7. At all times, patients' personal information is under the responsibility and control of physicians regardless of the location, including the Electronic Medical Record (EMR), in accordance with the Regulation respecting the keeping of records, physicians' offices or practices and other effects (R.R.Q., c. M-9, r.28).
In compliance with the legal and regulatory provisions in force and in accordance with the laws concerning freedom of expression as well as the rights to privacy, reputation and professional secrecy, the USER undertakes not to disseminate a message or information :
1. defamatory or otherwise harmful to SAGIT, its interests and/or its related persons;
2. contrary to public order and good morals,
3. abusive, defamatory, racist, xenophobic, sexist or damaging to the honor or reputation of others,
4. inciting discrimination, hatred of a person or a group of people based on their origin or their membership or non-membership of a given ethnic group, nation, race or religion,
5. threatening a person or a group of people;
6. of a pedophile nature;
7. inciting to commit a misdemeanor, a crime or an act of terrorism or advocating war crimes or crimes against humanity;
8. incitement to suicide;
9. allowing third parties to directly or indirectly obtain pirated software, software serial numbers, software enabling acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and in general, any software or other tool making it possible to infringe the rights of others and the safety of persons and property.
10. of a commercial nature (prospecting, soliciting, prostitution, etc.)
As part of the use of the SERVICES, the CUSTOMER agrees to:
1. comply with the General Conditions of Service specific to the selected offer;
2. comply with its obligations regarding the processing of personal data, including those provided for in Article 8.2 hereof;
3. respect all of its ethical, deontological and/or professional obligations, where applicable, including the protection of professional secrecy and consent to treatment;@
4. comply, within a reasonable time, with any request from a PATIENT to obtain and/or transfer a copy of the PATIENT information concerning him to the entity designated by him this;
5. not to infringe the rights of PATIENTS and/or third parties and in particular the intellectual property rights of third parties when creating, distributing or handling PATIENT information created by the PLATFORM;
6. cooperate with SAGIT on all issues related to the SERVICE;
7. authorize SAGIT to report testimonials, the content and presentation methods of which will be defined in consultation between the PARTIES;
8. upon simple mention of SAGIT to this effect, inform and/or forward to all PATIENTS for whom it collaborates any information relevant to data security, changes to SAGIT's privacy policy or any other information shared by SAGIT as to be transmitted to them;
9. where applicable, follow any training program recommended by SAGIT before using the SERVICES made available to it and in particular the Tutorial accessible directly online from the PROFILE;
Notwithstanding any other statement that may be interpreted to the contrary, the CUSTOMER uses the PLATFORM and the SERVICES under his full and exclusive responsibility. The CUSTOMER is in particular solely responsible for the PATIENT information created and the collaborations initiated via the PLATFORM and for its relations with the PATIENTS, SAGIT having, in this context, the role of simple technical intermediary.
Sagit has made every effort to ensure that the information provided in the Platform is as accurate as possible. However, Sagit assumes no responsibility for the accuracy, comprehensiveness, validity, reliability or effectiveness of the information provided. Furthermore, Sagit cannot guarantee the scope, effect or result of any information presented on the Platform.
To the extent permitted by law, this information is provided without warranty of any kind, either explicit or implicit. Certain jurisdictions do not authorize the exclusion of implicit warranties, and the abovementioned exclusion may therefore not apply to you.
Sagit shall not be held liable, under any circumstances, by you or any individual for any damages of any kind whatsoever, whether they are direct, indirect, incidental, special or consequential damages resulting from the access and/or use of the Platform and/or the use of the information provided on the Platform.
The information contained on the Platform is provided for illustrative purposes only and does not in any way constitute information on which you should base clinical decisions of any nature whatsoever, and should not be construed as being useful in the diagnosis, treatment, mitigation or prevention of any disease, disorder, abnormal condition or their symptoms.
The information on the Platform is not intended to replace the advice of a physician, pharmacist or other health professionals, as the case may be. Nothing on the Platform should be construed in such a way as to constitute a statement, warranty or advice of a medical nature.
Exclusions and Liability Limitations
TO THE EXTENT PERMITTED BY LAW, THE PLATFORM AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Sagit, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, FOR ANY FACT, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS, FOR ANY PARTICULAR PURPOSE OR SPECIFIC USE, RESULTING FROM A TRANSACTION, EMPLOYMENT AND BUSINESS PRACTICE.
Trademarks and logos used or displayed on the Platform are registered or unregistered trademarks of SAGIT or Third Parties. Names or logos of other SAGIT products and services displayed on the PLATFORM are registered or unregistered trademarks of Sagit.
No trademark appearing on the PLATFORM may be used without the written permission of Sagit.
The Platform and its content, including texts, names, words, titles, logos, graphic designs, images and photographs, are registered, or unregistered trademarks and are the exclusive property of Sagit and protected under the Copyright Act (Chapter C- 42). Any unauthorized use of the PLATFORM and/or its content, including any reproduction, publication, distribution, transmission and public communication, in whole or in part, in any manner whatsoever, without the written authorization of Sagit, is prohibited. Any commercial use and resale of data obtained on the Platform is strictly prohibited. Notwithstanding the foregoing, Sagit authorizes paper or electronic copying of the information displayed on the Platform provided that it is made for your personal use and properly disposed of in accordance with local laws. It is understood that the copy continues to be protected by the notices and statements provided for herein and by applicable agreements, treaties and other laws.
Each of the PARTIES guarantees the other PARTY compliance with the legal and regulatory obligations incumbent on it according to its role in respect of the protection of personal data.
As part of the operation of the PLATFORM, SAGIT may collect personal data.
Sagit is not rectifying nor is allowing the USER to Rectify their PI on the Platform. As The Platform is displaying data directly from Customer’s Active Directory and internal databases any request for rectification must be forwarded to the CUSTOMER (hospital).
These data are necessary for the management of the PLATFORM and will be processed in accordance with the purposes provided for during the collection.
As such, the USER is invited to consult the Privacy Policy accessible on the PLATFORM interface, which will give him further information relating to the protection of personal data, and processing carried out via the PLATFORM.
It is recalled that the USER whose personal data is processed benefits from the rights of access and opposition to the processing of his personal data, in accordance with the LPRPDE and the LPRPSP. These rights can be exercised, in accordance with the law, by simple request by e-mail to the address info@sagit-labs.com , by paper mail to the address of the head office of SAGIT by justifying their identity and a legitimate reason, when required by law.
If you wish to know, modify or obtain more details about the Information in your file, please email us at: info@sagit-labs.com
The CUSTOMER expressly undertakes hereunder that any collection, processing and communication of PATIENTS' personal data will be carried out in accordance with (i) the provisions of the PIPEDA, the LPRPSP and the Law on access, with (ii) its deontological, ethical and professional obligations. Thus, without limiting the generality of the foregoing, the USER expressly agrees that:
1. Each personal information collected is intended for a specific use and that this use is related to the operational task of the CUSTOMER;
2. Each personal information is used for a purpose previously authorized by the CUSTOMER;
3. Each PATIENT RECORD is created or maintained for a purpose previously authorized by the CUSTOMER;
4. The personal information collected is essential to the performance of the services offered to by CUSTOMER;
5. Personal information is only collected when the purposes for which it is collected cannot be achieved without obtaining said personal information;
6. The actions, decisions or recommendations resulting from the personal information collected are documented, easily accessible and communicated to the CUSTOMER;
7. The amount of personal information to be collected is reduced until it can no longer be collected without compromising the purpose of the file that contains it;
8. Personal information is kept only for the duration required for the performance of the services offered to the CUSTOMER unless otherwise provided by law.
USER agrees to indemnify, defend and hold harmless SAGIT, its managers, directors, officers, employees and agents (the " Indemnified Parties ") against any claim, suit, action or judgment against any Indemnified Parties related to a claim from any third party (including, without limitation, claims from government agencies and PATIENTS) arising from (i) any violation of applicable law by the USER; and (ii) any violation hereof, in each case, in connection with the USER's use of the PLATFORM.
USERS may only use the Platform for lawful purposes. Activities including, but not limited to modifying the Platform, misrepresenting the identity of a USER or conducting fraudulent activities on the Platform are prohibited.
It is strictly prohibited to violate or attempt to violate the security of the Platform, including, but not limited to:
a. Access data that is not intended for you or connect to a server or program for which you are not authorized;
b. Attempt to probe, scan or test the vulnerability of a system or network, or violate security or authentication measures without permission;
c. Attempt to interfere with the service of any User, host or network by any means including, but not limited to, uploading malware to the Site, saturation, flooding, spamming, mail- bombing or computer failure;
d. Sending fake messages either in the name of Sagit (allegedly originating from the Sagit Platform) or to the Platform (in the name of another USER).
USERs must not use any device, software, routine or data to interfere or attempt to interfere with the proper functioning of the Platform or the performance of activities on the Platform. The USER agrees not to use or attempt to use any engine, software, tool, agent, data or any other device or mechanism (including, without limitation, browsers, search engines, robots, avatars or intelligent agents) other than engines and search agents provided by Sagit or browsers generally made available to the public, to view, use or search the Platform. Any system or network security violation may result in civil or criminal liability of the offender.
By accessing the Platform, you understand and acknowledge that you are responsible at all times for maintaining and preserving the confidentiality of your account access credentials. By accessing the account, you certify your identity. We recommend that you never disclose access credentials, even temporarily, to any third party, including colleagues, family members or friends. Any use of your account is your sole responsibility, regardless of the circumstances. Sagit will not be held responsible for any action, error, loss or damage, authorized or not, that may occur while accessing C4. Sagit is not required for any reason whatsoever to verify the true identity of any individual who uses your username and password. We will never send unsolicited messages requesting your access credentials or Personal Information. We will never send unsolicited messages asking you to validate or restore your access to your account. Should you suspect or notice that someone else may know or have access to your access credentials, you must contact CIUSSS CSIT immediately.
Technical information may be collected automatically when you access and/or use our Platform.
This information includes, but is not limited to: the device you use to access our Platform, the type of your operating system, the type of your browser, your domain, the Internet Protocol (IP) address of the device you use to connect to the Internet, your security level, your browsing behavior on the Platform, the links on which you click, form data and downloads, pages you visited on the Platform, duration of visits and successful downloads, type of browser used, level of encryption supported by your browser, and other data collected, all using cookies and/or similar technologies (e.g., web beacons, pixel tags, mobile device identifiers, and tracking URLs) (all referred to as “cookies”).
The protection of your information is subject to the Privacy Policy, which is incorporated herein by reference.
Sagit cannot be held responsible, or considered to have breached these T&Cs, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by case law. Quebec courts and tribunals, including in particular in the event of an attack by computer hackers, the unavailability of materials, supplies, spare parts, personal or other equipment; and interruption, suspension, reduction or disruption of electricity or other or any interruptions of electronic communications networks.
10.1. SAGIT reserves the right to update and modify these T&Cs at any time, it being specified that the T&Cs in force are those published on the PLATFORM at the time of access to the PLATFORM and browsing by the USER.
10.1.2 These General Terms of Use may be modified by SAGIT, at its sole discretion, and without notice. The modifications will be effective from the time they are incorporated into the content hereof. We will notify the USER of any changes by publishing the revised General Terms of Use with the new effective date. Your use of any of the PLATFORM's features, following the publication of any modification of these General Terms of Use, constitutes your tacit acceptance of such modifications and as a consequence, you will be bound by them.
WE THEREFORE INVITE YOU TO REGULARLY REVIEW OUR GENERAL TERMS OF USE. IF YOU DO NOT AGREE WITH OUR REVISED GENERAL TERMS OF USE, PLEASE DO NOT ACCESS AND/OR USE THE PLATFORM.
10.2. No indication or document may create an obligation not included in these T&Cs, if it is not the subject of a new agreement between the Parties.
10.3. The Parties further declare that these T & Cs can in no way be considered as an act constituting a legal person or any legal entity, and that any form of "affectio societatis" is formally excluded from their relations.
10.4. The fact that one of the Parties has not demanded the application of any clause of these T&Cs, whether permanently or temporarily, can in no way be considered as a waiver of the said clause.
10.5. In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of these, the titles will be declared non-existent.
10.6. If any of the stipulations of these T&Cs were to be declared void with regard to a legislative or regulatory provision in force and/or a court decision having the authority of res judicata, it will be deemed unwritten, but n will in no way affect the validity of the other clauses which will remain fully applicable.
ARTICLE 11. APPLICABLE LAW
Any controversy or claim arising from or relating to these T&Cs or its violation shall be brought before the court of the district of Quebec having the material jurisdiction required under the laws applicable in the province of Quebec.
The Platform is controlled and operated by Sagit LABS INC in Montreal, the province of Québec and the General Terms of Use are governed by the laws of the province of Québec and the applicable laws in Canada. Any dispute resulting from the USER's use of the Platform will be referred to the competent courts of the Province of Québec, Judicial District of Montreal.
Invalidation of any provision of the General Terms of Use will not invalidate all other provisions. Sagit’s failure to exercise any of its rights will not in any way be deemed a waiver of such rights for the future.
Sagit, its shareholders, officers, directors, employees and agents may not, under any circumstances, be prosecuted in connection with the use of the Platform and no compensation whatsoever will be paid to the USER.
Conclusion
USERS who navigate on the Platform are deemed to have read the General Terms of Use and to have accepted their scope. As such, USERS assume full responsibility in navigating on the Platform and expressly release Sagit, its shareholders, officers, directors, employees and agents from any liability in this regard.
Interpretation
A version of this document is available in French. In the event of any discrepancy, the French version shall prevail over the English version.
Last update: 2022-08-25
