Terms and Conditions
AGREEMENT BETWEEN USER AND HEALTH ADVOCATE:
The Health AdvocateTM website is comprised of various web pages operated by Health Advocate.
The Health Advocate website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Health Advocate website constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE:
Health Advocate reserves the right to change the terms, conditions, and notices under which the Health Advocate website is offered, including but not limited to the charges associated with the use of the Health Advocate website.
LINKS TO THIRD PARTY SITES:
The Health Advocate website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Health Advocate and Health Advocate is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Health Advocate is not responsible for webcasting or any other form of transmission received from any Linked Site. Health Advocate is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Health Advocate of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE:
As a condition of your use of the Health Advocate website, you warrant to Health Advocate that you will not use the Health Advocate website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Health Advocate website in any manner which could damage, disable, overburden, or impair the Health Advocate website or interfere with any other party's use and enjoyment of the Health Advocate website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Health Advocate website.
USE OF COMMUNICATION SERVICES:
The Health Advocate website may contain chat areas, personal web pages, calendars, and/or other message or communication facilities (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Health Advocate has no obligation to monitor the Communication Services. However, Health Advocate reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Health Advocate reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Health Advocate reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Health Advocate's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Health Advocate does not control or endorse the content, messages or information found in any Communication Service and, therefore, Health Advocate specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Health Advocate spokespersons, and their views do not necessarily reflect those of Health Advocate.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS, OTHER THAN PERSONAL HEALTH INFORMATION ("PHI"), PROVIDED TO HEALTH ADVOCATE OR POSTED AT ANY HEALTH ADVOCATE WEBSITE:
Health Advocate does not claim ownership of the materials you provide to Health Advocate (including feedback and suggestions) or post, upload, input or submit to any Health Advocate website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Health Advocate, and its affiliated companies, trusted partners and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Health Advocate is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Health Advocate's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Please review Health Advocate's Privacy Statement to understand use and disclosure of your PHI.
LIABILITY DISCLAIMER:
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HEALTH ADVOCATE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HEALTH ADVOCATE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HEALTH ADVOCATE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE HEALTH ADVOCATE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.HEALTH ADVOCATE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE HEALTH ADVOCATE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HEALTH ADVOCATE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEALTH ADVOCATE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HEALTH ADVOCATE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE HEALTH ADVOCATE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HEALTH ADVOCATE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEALTH ADVOCATE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HEALTH ADVOCATE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HEALTH ADVOCATE WEBSITE.
SERVICE CONTACT:
PortalAdmin@HealthAdvocate.com
TERMINATION/ACCESS RESTRICTION:
Health Advocate reserves the right, in its sole discretion, to terminate your access to the Health Advocate website and the related services or any portion thereof at any time, without notice.
GENERAL:
To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Montgomery County, Pennsylvania, U.S.A. in all disputes arising out of or relating to the use of the Health Advocate website. Use of the Health Advocate website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Health Advocate as a result of this agreement or use of the website. Health Advocate's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Health Advocate's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by Health Advocate with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Health Advocate with respect to the Health Advocate website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Health Advocate with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Health Advocate website are: © 2017 Health Advocate Services and/or its suppliers. All rights reserved.
TRADEMARKS:
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Privacy Notice and Authorization
Health Advocate is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Privacy Notice and Authorization applies to the Health Advocate website and governs personal and healthcare data collection and usage. By using the Health Advocate website and affirmatively acknowledging this Privacy Notice and Authorization, you consent to the data practices described in this Notice and Authorization.
What Information is Collected About You:
As a member of a Health Advocate program, your personal and health information, including, but not limited to, your name, address, telephone number, email address, social security number, member identification number, medical records, billing records, claims information, information on your medical conditions, prescribed medications, health risk status, and other health and wellness-related information ("Personal Health Information"), needs to be collected, maintained and made available to Health Advocate employees and strategic partners so that Health Advocate can administer the various programs it offers. This health information may constitute "genetic information" if the employer gathers health information from an employee's family members, such as their spouse or children. Health Advocate also collects anonymous demographic information, which is not unique to you, such as your age, zip code, gender, preferences and interests.
How Your Information May Be Used or Disclosed:
Some of this Personal Health Information is collected and used in order to report quarterly utilization on an aggregate basis, and in an anonymous manner, to the employer or group health plan with which you are associated. Health Advocate will use and disclose your Personal Health Information only as permitted by our business associate agreements with your employer sponsored health plans, as required by law, or where required by the Secretary of Health and Human Services (HHS) to investigate or determine Health Advocate’s compliance with the HIPAA Rules.
In no event is your name or other personally identifying information disclosed to your employer in this aggregate report. However, your Employer may sponsor an employee incentive plan(s) or provide a disease/condition management program(s) for which you may be eligible to participate. To the extent that an employer administers part of the incentive plan or disease/condition management programs, the employer may receive some individually identifiable information about you for limited plan administration purposes. However, the employer may not use such information for improper or illegal purposes. For example, you may not be discriminated against in employment because of the Personal Health Information you provide. Employer plan sponsors are also required to implement reasonable safeguards to adequately separate plan administration functions from other employer activities, and to otherwise protect the confidentiality, integrity and availability of the Personal Health Information they utilize on behalf of a group health plan.
You are not required to provide your Personal Health Information. Employers may not retaliate against employees who refuse to provide their Personal Health Information. But, employees who do provide this information may receive an incentive or reward from the wellness program.
Health Advocate will use and disclose your Personal Health Information only as necessary to administer Health Advocate's Programs. For example, we may use your Personal Health Information to assist you and provide administrative or coaching services and various wellness programs. We may also disclose your Personal Health Information with contracted service providers and trusted strategic partners. Health Advocate does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent. Under no circumstances will genetic information be used for underwriting purposes. There is also information about your computer hardware and software that is automatically collected by Health Advocate. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by Health Advocate for the operation of the service, to maintain the quality of the service, and to provide general statistics regarding use of the Health Advocate website. Health Advocate cannot read or access any of your private online communications, other than those sent specifically to Health Advocate.
Health Advocate collects and uses your Personal Health Information to operate the Health Advocate website and to deliver the services you have requested. The only persons who will receive your individually identifiable health information are you and the persons or entities who need the information so health and wellness services can be delivered to you. Health Advocate does not sell, exchange, share, transfer or otherwise disclose your health information except as needed to carry out specific activities related to the wellness program. For example, Health Advocate may share data with trusted strategic partners, some of whom may provide services on the Health Advocate website. Other strategic partners may help us perform statistical analysis, send you email or provide customer support. All such third parties are prohibited from using your personal information except to provide these services on Health Advocate’s behalf, and they are required by contract, if not law, to maintain the privacy and security of your personal information. However, it should be noted that once your Personal Health Information is re-disclosed to or by third parties, it may no longer be protected by the HIPAA privacy rule. In addition, Health Advocate also does not sell, rent, or lease its customer lists to third parties.
As a Business Associate under the Health Insurance Portability and Accountability Act (HIPAA), Health Advocate will ensure your right to access and amend your Personal Health Information, or to obtain an accounting of disclosures. Any questions or complaints about your Personal Health Information can be directed to Health Advocate's designated privacy officer at 1-866-385-8033, or the Secretary of U.S. Department of Health and Human Services (HHS) if you believe your privacy rights have been violated. Not retaliatory actions will be taken against you for filing a complaint. In the event of a breach of your Personal Health Information, Health Advocate will notify your employer sponsored health plan pursuant to its business associate agreement with that plan.
Use of Cookies
The Health Advocate website uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize your Health Advocate pages, or register with the Health Advocate site or services, a cookie helps Health Advocate to recall your specific information on subsequent visits. This simplifies the process of recording your personal information. When you return to the same Health Advocate website, the information you previously provided can be retrieved, so you can easily use the Health Advocate features that you customized.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Health Advocate website.
Your Use of Other Websites
Health Advocate encourages you to review the privacy notices of websites you choose to link to from Health Advocate so that you can understand how those websites collect, use and share your information. Health Advocate is not responsible for the privacy notices or other content on websites outside of the Health Advocate website.
Disclaimer:
Health Advocate does not provide health insurance or medical services, nor does it recommend treatment. Consequently, all medical services are provided by independent healthcare practitioners, who are not employees or agents of Health Advocate, Inc. Health Advocate provides administrative and informational services through its employees. All of Health Advocate's services are offered in a manner that fully respects and protects the privacy of our members and the confidentiality of their Personal Health Information.
Security of your Personal Information:
As a HIPAA Business Associate, Health Advocate follows the HIPAA Security Rule and trains its employees on privacy and security requirements. Health Advocate secures your Personal Health Information on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Changes to this Notice:
Health Advocate will occasionally update this Privacy Notice to reflect Company and customer feedback or changes in law. Health Advocate encourages you to periodically review this Privacy Notice to be informed about how Health Advocate is protecting your information.
Contact Information:
Health Advocate welcomes your comments regarding this Privacy Notice and Authorization. If you believe that Health Advocate has not adhered to this Notice, please contact us via telephone at 1-866-385-8033 or via email at answers@HealthAdvocate.com. We will use commercially reasonable efforts to promptly determine and remedy your concern.
Authorization
By clicking "Agree" on this website, I hereby authorize Health Advocate or the employer, if necessary, to use or disclose my health information collected during my health screening for the purposes of my continued Health Education or Care Management over the duration of my participation in the wellness program. These services may include Care CoordinationTM, Healthy RemindersTM, Healthy WheelsTM, Doctor ReachTM, Claims AssistanceTM, Health Coaching, SeniorCare NavigatorTM, Appeals AssistanceTM services and various Wellness programs. This authorization expires upon termination of my enrollment in the wellness program unless another date is indicated to Health Advocate.
I further agree, understand, and acknowledge my rights in relation to the following:
- This Notice and Authorization is meant to address federal laws regulating the form and content of notices and authorizations for use and disclosure of health and genetic information, including, but not limited to, the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA) and the Health Insurance Portability and Accountability Act (HIPAA).
- I may refuse to agree to this Notice and Authorization. But if I do refuse to provide my authorization, I may not participate in the health screening.
- Health Advocate will ensure my rights of access, amendment and accounting with respect to the Personal Health Information it maintains about me on behalf of HIPAA covered entities.
- I am entitled to a copy of this authorization upon request.
- I may ask questions about the health information collected about me or make requests about this Notice and Authorization by contacting Health Advocate’s Privacy Officer at 1-866-385-8033.
- I may also complain to Health Advocate, my employer or group health plan, or the Secretary HHS if I believe my privacy rights have been violated, and no retaliatory actions will be taken against me for filing a complaint.
