General Terms and Conditions
1. Introduction
These General Terms and Conditions ("Terms") govern the use of the OnSPARK Long-Term Care (LTC) Data Platform (“Platform”), operated by the St. Joseph’s Health System Centre for Integrated Care and McMaster University in partnership with long-term care home operators, research organizations, and health institutions. By accessing or using the OnSPARK Platform, you agree to comply with these Terms.
2. Definitions
"OnSPARK" refers to the Ontario Supporting Partnerships to Advance Care and Knowledge in Long-Term Care Data Platform.
"User" refers to any individual or entity authorized to access or use the Platform, including but not limited to long-term care home operators, researchers, policy advisors, and healthcare professionals.
"Data" refers to structured and unstructured clinical, operational, and administrative information collected from participating long-term care facilities.
"Health Information Custodians (HICs)" refer to long-term care home operators and other institutions that contribute and manage personal health information in compliance with the Personal Health Information Protection Act (PHIPA, 2004, S.O. 2004, c. 3, Sched. A, Sec 44).
"St. Joseph’s Health System Centre for Integrated Care" refers to the host institution responsible for administration and coordination under the OnSPARK initiative.
"McMaster University" refers to the host institution responsible for data governance, security, and compliance under the OnSPARK initiative.
3. Scope of Services
OnSPARK provides the following services:
- Data Hosting & Management: Secure storage and processing of de-identified long-term care data.
- Analytics & Reporting: Generation of aggregate performance metrics and insights.
- Research & Quality Improvement: Facilitation of ethical, highly partnered, research studies to improve long-term care.
- Public Health Surveillance: Monitoring of disease trends, infection control, and health system responses.
4. Eligibility & Access
4.1 User Categories
Access is restricted to:
- Authorized personnel from participating long-term care homes.
- Researchers with approved Research Ethics Board (REB) clearance.
- Health policymakers and quality improvement teams affiliated with relevant institutions.
4.2 Registration & Account Security
- Provide accurate credentials and maintain the confidentiality of their login credentials.
- Notify OnSPARK immediately if unauthorized access is suspected.
- Refrain from sharing access credentials with unauthorized parties.
5. Data Use & Compliance
5.1 Permitted Uses
- Quality improvement initiatives.
- Research approved by the Hamilton Integrated Research Ethics Board (HiREB) or another designated REB.
- Public health and operational analytics.
5.2 Prohibited Uses
- Use the data for commercial gain, including product development without explicit permission.
- Attempt to re-identify individuals from anonymized datasets.
- Disclose OnSPARK data to unauthorized third parties.
6. Data Privacy & Security
6.1 Governance & Oversight
The Platform is governed by the OnSPARK Data Governance Advisory Committee, which oversees data access, compliance, and security. All data handling aligns with PHIPA and institutional privacy policies.
6.2 Security Measures
- Technical Safeguards: Secure hosting by McMaster University with encrypted access.
- Administrative Safeguards: Role-based access control and audit logs for all data transactions.
- Physical Safeguards: Restricted server access and threat risk assessments conducted by the McMaster Information Technology Security Office.
7. Intellectual Property
7.1 Ownership
All intellectual property related to the Platform’s design, functionality, and content remains the exclusive property of OnSPARK's participating institutions. Users are granted a non-transferable, revocable license to use the Platform as per the terms outlined herein.
7.2 Restrictions
- Reproduction, redistribution, or reverse-engineering of the Platform or its contents is prohibited.
- Users may not use the Platform for purposes other than those explicitly outlined in these Terms.
8. Limitation of Liability
OnSPARK is not liable for any loss, damage, or harm arising from unauthorized access to the Platform, interruptions in service, or errors in data. Users must maintain the confidentiality of their credentials and comply with all policies to mitigate risk.
9. Governing Law
These Terms and Conditions are governed by the laws of the Province of Ontario and the laws of Canada, where applicable.
10. Changes to Terms
OnSPARK reserves the right to modify these Terms at any time. Users will be notified of any material changes through the Platform or via email.
11. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at onspark@mcmaster.ca.