Terms of Service
Last updated June 30, 2023
The Benchmark Indicators and Management Information Systems Trial Balance Data Sharing Program is a Canadian-only service that uses the Management Information Systems Trial Balance (“MIS TB”) data format and any other data provided by its Members to generate operational efficiency reporting statistics and any other new products and services from time to time. These reports are delivered in a software as a service format via the website https://big.healthcare (the “Site”), formerly https://members.bighealthcare.ca, as well as in various offline formats.
These are the legally binding terms of use for the Benchmark Intelligence Group Inc. (“BIG”) Benchmark Indicators and MIS TB Data Sharing Program (the “Program”). The Terms apply to our use of your MIS TB data (“Data”) as well as to your use of other Members’ Data.
Only individuals authorized by their employer to provide the MIS TB data file for their healthcare organization may accept this Agreement on its behalf.
For clarity, a Data file is an electronic document that is generated, sent, received, or stored by electronic, optical, or similar means, including electronic data interchange, electronic mail, telegram, telex, or telecopy.
1. Program Membership
Membership in the Program is automatically granted to any organization (the “Member Organization”) that submits its MIS TB data file (the “Data”) to BIG. The individual that submits a Member Organization’s Data file to BIG (the “Authorizing Member)” is assumed to have been authorized to do so by the Member Organization.
2. Termination and/or cancellation of Program Membership or the Program
Any Member Organization may cancel its membership in the Program by notifying us in writing at the contact information set out below. BIG reserves the right to reject any request for membership as well as to terminate the Program or terminate any Member Organization’s membership in the Program, for any reason and without cause.
3. BIG’s right to use your Data
By submitting its Data file to BIG, the Member Organization grants BIG an irrevocable, perpetual, non-exclusive and royalty-free license: i) to use that Data for the Program, including performing the analyses and generating the results to be shared among Member Organizations under the Program (the “Program Results”); and (ii) to provide that Data and the Program Results to other Members as provided for below in Section 4; and (iii) to use that Data in support of BIG’s delivery of further consulting services to other Member Organizations.
4. Member organization authorization to use Data and Program results of other member organizations
BIG hereby grants you, for the term of your membership in the Program, the non-exclusive right to use, only for your own internal purposes, any Data or Program Results that we provide to you under the Program, provided that you may use your own Program Results in perpetuity.
5. Our rights after cancellation
You or we can cancel your Membership at any time without obligation, and we may cancel the Program at any time (see Section 2 above). However, anyone to whom we have given your Data and Program Results before cancellation can continue to use them unless you contact them directly and make other arrangements with them – that is your responsibility.
6. Individual website user accounts
In addition to the Authorizing Member account, Member Organizations will be provided with individual user accounts to access the Site and its services. All individual user accounts must be requested and approved for activation by the Authorizing Member. Every user account must be uniquely assigned to an eligible individual and cannot be shared or transferred. The Member Organization is responsible for ensuring that all such individuals comply with this Agreement.
7. Deleting individual user accounts
From time-to-time, BIG will provide account audit reviews, but it is the sole responsibility of the Member Organization to ensure that individual user accounts are deleted as necessary. BIG reserves the right to delete user accounts at any time for any reason.
8. Personal information
BIG may collect certain personal information about its users. You consent to our use of that information for purposes of the identification of individual users and for the operation of the Program (including communicating with users about the Program). BIG will not share or transfer that personal information with or to anyone else, unless required by law to do so.
9. No liability
We will use reasonable efforts to protect the confidentiality of Data. However, we are not responsible for loss or damages caused by their use or disclosure, whether by us or Members or others, and we are not responsible for any other actions of Members or their users. Member Organizations use the Data and Program Results we provide to them at their own risk and acknowledge that BIG is not responsible for how Members interpret or use the Program Results. Members also acknowledge that all Data files are subject to change.
If you have any questions regarding these Terms or your use of the Services, please contact us here:
Benchmark Intelligence Group Inc.
mail: 2967 Dundas St. West #1448, Toronto, ON, M6P1Z2
email: [email protected]