Full policy

TERMS OF USE

Updated August 7, 2024

This Website, sub-domains, and any associated web-based and mobile applications (collectively identified in these pages as 'Website') are operated by Fusion MD medical science network Inc. (referred to as "Fusion MD"). The content on this Website is owned by Novartis Pharmaceuticals Canada Inc. (referred to as "Novartis"). The learning management system (LMS) platform leveraged by this Website is Moodle. Please read these Terms of Use carefully before using this Website. This document sets forth your legal agreement with Fusion MD and Novartis. Your use of this Website is subject to these Terms of Use. Fusion MD and Novartis assume that if you use this Website, you have read, understood, and agreed to these Terms of Use. If you do not agree to these Terms of Use, you should not use this Website.

Fusion MD reserves the right to update or change these Terms of Use at any time and for any reason. If Fusion MD makes changes to this Policy, a notice will be posted on the Website home page. The date of revision will be posted above, and your continued use of this Website will be subject to your agreement with the revised Terms of Use. By continuing to use this Website, you agree to be bound by any such revisions, and therefore, you should visit this page of the Website periodically and print the latest version of the Terms of Use for your records. For your information, the date of the last update to these Terms of Use is stated at the top and bottom of this document.

Capitalized and non-capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website (collectively 'Legal Terms'), constitute the entire and only agreement between you and Fusion MD and Novartis and supersede all other agreements, representations, warranties, and understandings with respect to our Website and the subject matter contained herein.

DEFINITIONS

• "Content" collectively refers to all text, information, graphics, audio, video, and data offered through our Website.
• "Fusion MD" refers to Fusion MD medical science network Inc., a corporation incorporated under the laws of Canada and the operator of the Website.
• "Novartis" refers to Novartis Pharmaceuticals Canada Inc., the owner of the Website content.
• "Material" refers to any text, information, graphics, and data provided or posted by a User or Member of the Site.
• "Service" represents the collective functionality and features as offered through our Website to our Users.
• "us" or "we" or "our" refers to both Fusion MD and Novartis.
• "User" is a collective identifier that refers to a healthcare provider who has been provided access to the Service.
• "Website" or "Site" refers to acclimate-program.ca as well as any other sub-domains and any associated web-based and mobile applications as operated by Fusion MD and containing content owned by Novartis.

SCOPE OF USE

The content included or generated by software programs on this Website is not intended to be used for medical diagnosis, the determination of medical treatment, or as a substitute for the judgment of an informed, properly trained, and credentialed clinician.

Users are responsible for all the Material they post to the Website, including the truthfulness and accuracy of all content, and are responsible for obtaining any required authorizations in connection with the use of such Material. Users will not upload or post any Material that: a) they do not have the legal right to upload or post; b) infringes any party’s copyright, trademark, trade secret, patent, or other proprietary rights; c) is unlawful, defamatory, abusive, harassing, obscene, tortious, libelous, trade libelous, or invasive of another's privacy; d) contains viruses or other code that may detrimentally interfere with Fusion MD, Novartis, or other users’ systems; or e) imposes an unreasonable load on the system.

Fusion MD reserves the right to remove any Material from the Site at its sole discretion, including any Material that does not comply with the provisions of this Terms of Use agreement or that could subject Fusion MD or Novartis to legal liability.

LEGAL COMPLIANCE

Users agree to comply with all applicable laws, statutes, ordinances, and regulations, as well as all applicable institutional requirements regarding the use of the Website. Users agree to comply with all of their professional and legal obligations in connection with any information or material that they upload or post to the Website. Users agree to comply with all privacy laws and other requirements applicable to physicians and other healthcare professionals regarding the confidentiality of personal healthcare information.

Specifically, but without limiting the general application of the present section, Users will not disclose any personal information or personal health information of patients or other individuals or disclose any information that identifies or that could potentially identify (e.g., if combined with other information) any patient or other individual.

Fusion MD reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action deemed appropriate, including but not limited to: canceling Member accounts; reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties; and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information as allowed under the Privacy Policy. If Fusion MD, Novartis, or our partners and sponsors have been affected or injured by your violation, Fusion MD and/or our partners and sponsors may, in their sole discretion, seek to recover damages from you.

INTELLECTUAL PROPERTY

The Website may contain service marks or trademarks, as well as those of affiliates or other corporations, in the form of words, graphics, and logos. The Website may also contain or reference proprietary information, technologies, products, processes, or other proprietary rights of Fusion MD, its partners, sponsors, or other parties. Use of the Website does not constitute any right or license for the use of such service marks/trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights without the prior written permission of the corresponding legal or beneficial owner of the proprietary rights. The Website is also protected under international copyright laws. The copying, redistribution, use, or publication by Users of any portion of the Website is strictly prohibited. The use of the Website does not grant Users ownership rights of any kind in the Website. The functionality and programming of Fusion MD’s Website are also proprietary and protected by law.

COPYRIGHT

The content of this Website, including but not limited to the text and images herein and their arrangements, are copyrighted with All Rights Reserved. Use of this information for any purpose is prohibited without the prior written permission of Fusion MD or its partner and sponsor (if applicable).

OWNERSHIP

Novartis retains all rights, title, and interest in the site content. Fusion MD retains all rights, title, and interest in the customization, implementation, and management of the Software platform used on this Website. Moodle, the LMS platform leveraged by this Website, is an open-source software platform, and its ownership and intellectual property rights are governed by its respective licensing agreements. Documentation and other elements of the Software are protected by copyright, patent, and/or other proprietary rights. It is understood that nothing in this Agreement shall be construed to grant Users or any of their affiliates any right, title, interest, or license, express or implied, under Fusion MD’s rights to any intellectual property other than as expressly provided herein. Fusion MD reserves all rights, title, and interest in the customizations and configurations not expressly granted in this Agreement.

SOFTWARE

Any Software that is made available to access from this Website ('Software') is the copyrighted work of Fusion MD and/or its suppliers. Use of the Software is governed by this Terms of Use Agreement.

Any Software made available for use through this Website is solely for use according to this Terms of Use Agreement. Any reproduction or redistribution of the Software is expressly prohibited.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.

The software is warranted, if at all, only according to this Terms of Use Agreement.

LINKS TO OTHER WEBSITES

The Website may contain links to third-party websites. These links are provided solely as a convenience to Users. By linking to these websites, Fusion MD does not create or have an affiliation with such third-party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. Fusion MD has no control over the legal documents and privacy practices of third-party websites; as such, Users access any such third-party websites at their own risk and assume all responsibility for the use of such third-party websites. In no event will Fusion MD, Novartis, or its partners and sponsors be liable for any damages or injury resulting from the Users’ access or inability to access the Site or from the Users’ reliance on any information provided on the Website.

GENERAL TERMS

The Legal Terms shall be treated as though it were executed and performed in Quebec, Canada, and shall be governed by and construed in accordance with the laws of Quebec, Canada, without regard to conflict of law principles. In addition, Users agree to submit to the personal jurisdiction and venue of such courts and, for the purpose of the Legal Terms, the Users and Fusion MD all elect domicile in the judicial district of Montreal. Should any part of the Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law, and the remaining portions shall remain in full force and effect. To the extent that any Content in the Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Failure to enforce any provision of the Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Fusion MD under the Legal Terms shall survive the termination of the Legal Terms.

Fusion MD may terminate this Terms of Use Agreement and User access to the Website at any time for any reason without notice and with no liability to the User.

Users agree to use the Website in a professional and ethical manner and in compliance with all applicable laws, regulations, codes of conduct, policies, and rules. Users will not share login information (username or password) with any other individual. Any personally identifiable information in electronic communications to this Website is governed by the Site’s Privacy Policy.

Views expressed in Material posted to the Website are those of the User or Member who posts such Material as applicable and are not to represent the views of Fusion MD or Novartis. Users are responsible for verifying the truthfulness and accuracy of any Content or Material contained on the Website.

Disclaimers: Fusion MD attempts to ensure that all information provided on this Website is accurate and reliable, but errors may occur. All information, Materials, Services, and advice contained on or provided through the Website, including all text, graphics, links, animation, and 'cookies', are provided on an 'as-is' basis without any warranties of any kind, either express or implied.

To the maximum extent permitted by law, Fusion MD and any other party involved in developing, creating, producing, or delivering this Website to you disclaim all representations and warranties, express or implied, including but not limited to: warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus strains, and implied warranties arising from course of dealing or course of performance.

LIMITATION OF LIABILITY

In no event shall Fusion MD, Novartis, nor any of their shareholders, affiliates, directors, managers, employees, partners, sponsors, or other representatives, including its expert committee of advisors, be liable for any direct damages. In no event shall Fusion MD, Novartis, nor any of their shareholders, affiliates, directors, managers, employees, partners, sponsors, or other representatives, be liable for any special, punitive, indirect, incidental, or consequential damages or any other damages of any kind, including but not limited to: personal injury, wrongful death, loss of use, loss of profits, interruption of service, or loss of data, whether in any action in warranty, contract, tort (including but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of or the inability to use this Website or any service offered through this Website or any material or information contained in or accessed through this Website. In no event are Fusion MD, Novartis, nor its partners and sponsors liable for any damages caused by your or any third party's acts or omissions.

Payment by Fusion MD or retention by you of direct damages as limited by the foregoing sentences is your sole and exclusive remedy in exhaustion of all other remedies under these terms of use at law or in equity, and such remedy is not deemed or alleged by you to have failed of its essential purpose.

INDEMNIFICATION

To the extent not prohibited under applicable law, Users shall defend, indemnify, and hold harmless Fusion MD, Novartis, and their directors, officers, medical and professional staff, employees, partners, sponsors, and agents, including its Expert Committees (“Fusion MD Indemnities”), against any and all third-party actions, suits, claims, demands, judgments, damage, expense (including reasonable legal fees), or prosecutions that may be brought or instituted against Fusion MD, Novartis, and/or any Fusion MD Indemnities based on or arising out of any use by User or their Affiliates of the Website or of Software available from the Website or of any results generated thereunder or of written materials containing results of Website or Software usage. Fusion MD reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

DISCLAIMER OF LIABILITY

The User assumes all responsibility for the use of this Website. All information transmitted to this Website is secure to the extent possible using existing technology. User should keep in mind, however, that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from this Website may not be secure, and User should therefore take special care in deciding what information is sent to Fusion MD via e-mail. Moreover, where User uses passwords, identification (ID) numbers, or other special access features on this Website, it is User’s responsibility to safeguard them.

LIMITATIONS OF USE

The user acknowledges that the software has not been reviewed or approved by Health Canada, the U.S. Food and Drug Administration, or by any other agency. The user also acknowledges that the software has not been reviewed by clinical personnel for accuracy and completeness before being incorporated into a clinical pathway or used clinically. All software output, including all report text, must be appropriately confirmed and verified by a licensed healthcare professional prior to use.

DISCLAIMER: UNLABELED INDICATIONS

Fusion MD and its partners and sponsors do not recommend the use of any drug or medical device outside of approved label indications in the jurisdiction of the User. Please refer to the official prescribing information for each drug or medical device for approved indications, contraindications, and warnings.

YOUR ACCEPTANCE OF THESE TERMS

By using our Website, Products, or Services, you signify your acceptance of the Terms of Use Agreement and of the Privacy Policy. Whenever you submit information via this Website, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy and Terms of Use. If you do not agree to the above terms, please do not use the Website.

 

Full policy

Privacy Policy

Last updated: August 7, 2024

This Privacy Policy describes how and why Personal Information about individuals (“Users”) who use this website (the “Website” and/or “Service”) is collected, stored, and used by Fusion MD Medical Science Network Inc. (“Fusion MD”) and its partner, Novartis Pharmaceuticals Canada Inc. (collectively “we,” “our,” or “us”). By using this Website or by otherwise providing us with Personal Information (as defined below), you are consenting to our collection, use, processing and disclosure of this information in accordance with this Privacy Policy. We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regards to your personal information, please contact us at compliance@fusionmdnetwork.com.

If you do not agree to the collection, use, processing and disclosure of your Personal Information in this way, please do not use the Website or provide us with Personal Information. Please read this privacy notice carefully as it will help you understand what we do with the information we collect.

In this Privacy Policy, the term “Personal Information” means any information that, alone or in combination with other data, relates to a natural person and allows that person to be identified either directly or indirectly. Some of the information that we consider as Personal Information for the purpose of this Privacy Policy may not be protected under applicable laws of other jurisdictions, and you may not be entitled to the same rights regarding such Personal Information. Personal Information also includes information collected about you using cookies and tracking technologies such as beacons and web pixels (together, the “Cookies”). Click here to learn more about cookies and tracking technologies used on our Website, and how you can manage them.

Information Collection and Dissemination: General Principles

As you browse the Website, it collects a log file, the IP address of your device, and other standard tracking data Fusion MD uses to evaluate Website traffic and usage patterns. Such information is aggregated with tracking data from all Website users Fusion MD may use this aggregated information along with the user’s role and assigned tasks to personalize the Website. Fusion MD also uses this information to evaluate products and services Fusion MD may offer Users in future.

Some features of this Website may require you to give us Personal Information such as your name, job title, company, physical mailing address, e-mail address, and telephone number and fax number. If you complete online forms, any information provided in them may be collected as Personal Information and used to deliver the service you requested. The collection of this information is based on your consent, and you will be informed of the specific purposes for which it is being collected at the time of collection. We restrict access to your Personal Information to those employees of our member companies and our agents whom we determine have a legitimate business purpose to access such information in connection with the carrying out of our engagements or provision of Services to you. We provide training to educate employees about the meaning and requirements of our reasonable standards for data security and confidentiality. We ensure that all employees and agents handling your Personal Information are subject to confidentiality obligations and receive training on privacy laws and best practices. At all times, however, we reserve the right and you consent to such right to transfer the data in the event of a transfer of control of the Website or during emergencies when safety is at risk.

Information Sharing

We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations. We may process or share your data that we hold based on the following legal basis:

• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

More specifically, we may need to process your data or share your personal information in the following situations:

• Vendors, Consultants, and Other Third-Party Service Providers: We may share your data with third-party vendors, service providers, contractors, or agents who perform services for us on our behalf and require access to such information to do that work. Examples include: data analysis, email delivery, hosting services, customer service, and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data on our behalf about how you interact with our Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages, or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent, or trade any of your information with third parties for promotional purposes.
• Other Users: When you share personal information (for example, by posting comments, contributions, or other content to the Services) or otherwise interact with public areas of the Services, such personal information may be viewed by all users and may be publicly available outside the Services in perpetuity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Services, and view your profile.

We only share information with the following third parties. If we have processed your data based on your consent and you wish to revoke your consent, please contact us at compliance@fusionmdnetwork.com.

• Cloud Computing Services: Digital Ocean
• Learning Management System: Moodle
• Data Backup and Security: Microsoft 365
• Web and Mobile Analytics: Google Analytics

Cookies

A 'Cookie' is a bit of data sent by a website through the browser to the computer of the User visiting the website and enables the website to return the results the browser expects. We use temporary session-specific cookies to ensure visits to the Website are smooth and customized for the User. Such cookies allow us to provide a User's browser with information tailored to the User’s role and/or assigned tasks and needs. We also use permanent or persistent cookies that remain on a User’s computer after the User leaves the Website.

Our use of cookies helps us maintain our Website’s function as intended and analyze performance. Cookies also help us ensure that our Website is secure and to identify bugs and errors. We currently do not respond to “do not track signals”.

You can find below a detailed overview of the type of cookies we use:

Type of cookies	Description
Essential	Essential cookies allow operation of the core functions of our Website, for example to keep users logged in on the Website, to save language preference for the session or to maintain progress tracking within courses.
Functional	We use functional cookies to support additional functionalities that enhance your experience using our Website. These cookies are used, for example, to remember website preferences and configurations.
Analytical	Analytical cookies collect statistical data about how visitors interact with our Website. These cookies generate aggregated data such as number of visitors, traffic source, etc.

 

If you do not want your browser to accept cookies, you can turn off the cookie acceptance option in the browser settings. You can also manage your cookie preferences at any time through our cookie settings tool available on the Website. However, disabling the cookie support function of the browser will prevent the Website from functioning properly and you may not be able to fully use all of the Website’s features and information. Also, keep in mind that all browsers allow you to delete cookies whenever you want, while some browsers allow you to delete cookies automatically when you close them.

Personal information storage

Your Personal Information is hosted in our service provider’s data center located in Canada. We may also use service providers located in other regions for specific services. However, we enter into agreements with our service providers to ensure a high level of protection and privacy for your Personal Information.

Retention of Personal Information

We retain your Personal Information for as long as required for the purpose for which it was collected or longer if we are required by law to do so. Generally, your Personal Information is processed and kept for no more than 5 years after this purpose has been fulfilled.

Requesting Access and Withdrawing Consent

ou have the right to revoke your consent at any time or request access to, correct, or delete the Personal Information that we have on file about you, subject to any legal restrictions. To revoke consent, request access, correct, or delete your data, please email us at compliance@fusionmdnetwork.com. Upon revocation of consent, we will cease processing your Personal Information, except where retention is required by law. Please note that Personal Information already collected and/or disclosed before your revoked consent will be retained only as necessary to comply with legal obligations.

Personal Information Rights

You have various rights with respect to your Personal Information. Your rights vary depending on the
specific circumstances of your request.

1. Right to be informed about the collection, use and disclosure of your Personal Information.

2. Right to access and know the source of the information.

3. Right to rectification for inaccurate or outdated Personal Information.

4. Right to erasure for your Personal Information. Note that this is not an absolute right and is subject to specific situations.

5. Right to data portability or the right to request a copy for your Personal Information.

6. Right to withdraw consent previously given for the processing of your Personal Information. Note that this could affect the access or provision of some Services that rely on the use of your Personal Information.

7. Right to request additional information on automated processing (ie. decisions being made with your data solely based on automated decision making or profiling).

Notification of Changes

We reserve the right at any time and without notice to add to, change, update, or modify this Privacy and Legal Policy simply by posting such change, update, or modification on the Website. Any such change, update, or modification will be effective immediately upon posting on the Website. Occasionally we may change or update this privacy policy to allow us to use or share your previously collected Personal Information in a materially different way. If we do, the links to the Policy on our Website will indicate that the Policy has been changed or updated. For new users, the change or update will become effective upon posting. For existing users, the change or update will become effective 30 days after posting. We encourage you to periodically review the Privacy Policy for the latest information on our privacy practices.

Contact

If you have any questions or concerns about our privacy practices or would like to exercise a privacy right, you may contact Fusion MD’s Privacy Officer at the following address:

Fusion MD Medical Science Network Inc.

Privacy Officer

388 St Jacques Suite #900

Montreal, QC H2Y 1S1

compliance@fusionmdnetwork.com