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Privacy Policy
Last Updated: July 15, 2009

This Website is owned and operated by your health plan’s Pharmacy Benefit Administrator (“Us” or “We” or “Our”). The following Terms of Use apply to your use of this website and any of its information, features, or services (all together referred to as “the Website and Services”). You should carefully review the entire Terms of Use because by using the Website and Services you are agreeing to these Terms of Use. 

NOTE: Certain features of the Website and Services may be governed by additional terms of use, so please refer to those additional terms of use for more information. By agreeing to the Terms of Use, you are agreeing to all applicable terms and restrictions including these additional terms of use. 
    
DISCLAIMER:

The Website and Services may occasionally provide links to other websites that might be of interest to our users. Please note that when you click on one of these links you may be moving to another company's website. We cannot control the activities of any such company once you leave our Website. We encourage you to read the terms of use and privacy policies of these linked sites because they may differ from ours. We assume no responsibility for consequences resulting from use of information herein, or from use of information obtained at "linked" Internet addresses, or in any respect for the content of such information, including (but not limited to) errors or omissions, the accuracy or reasonableness of factual or scientific assumptions, studies or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy or personal rights of others. We are not responsible for and expressly disclaim all liability for damages of any kind, whether direct, indirect, consequential, compensatory, actual, punitive, special, incidental, expectancy, or exemplary, arising out of use, reference to, or reliance on such information. No guarantees or warranties, including (but not limited to) any express or implied warranties of merchantability or fitness for a particular use or purpose, are made by Us with respect to such information.

Policy Regarding Copyright Infringement and Designation of Copyright Agent:

We respect the intellectual property rights of others and requires those that access this web site to do the same. Users of the website are solely responsible for compliance with any copyright restrictions and are referred to the copyright notices appearing in original sources, all of which are hereby incorporated by reference. The trademarks, service marks, trade names, patents, and copyrights featured on this Website are owned by Us. All other trademarks, service marks, trade names, trade dress and products featured on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.

TERMS OF USE (USER AGREEMENT):

Policy Changes

As new features are added to the Site or legal requirements change, the Privacy Policy and User Agreement may be modified. We may update and change the Terms of Use from time to time without notice to you. You are responsible for reviewing the Terms of Use and the Privacy Policy on a regular basis to make sure you are still in agreement to comply with them. By using or accessing the Website and Services after changes have been made to the Website and Services or these Terms of Use or Privacy Policy, you are agreeing to accept those changes.

1. Acceptance of Terms

By agreeing to the Terms of Use, you are agreeing to all applicable terms and restrictions including these additional terms of use. You agree that you are able to accept the Terms of Use for the Website and Services and that you will use the Website and Services in a manner consistent with these Terms of Use. We provide access to this Website ("Site") and the other services provided by Us through this Site, either in whole or in part, through the Internet subject to your acceptance of the User Agreement ("Agreement"), which may be amended by Us at any time. Amendments are effective within 15 days after posting on the Site. By becoming a User (as defined herein) of the Site, you agree to be bound by the terms of this Agreement. When using a particular service through this Site, you may also be subject to any posted guidelines, rules, terms of service, codes of conduct or other contractual provision as noted, including the Disclaimer, Privacy Policy, and User Agreement. 

2. Types of Users

Any person accessing the Site or other services provided by Us through this Site, either manually or via an automated device or program, to the extent permitted hereunder, shall be considered a "User." All Users are bound by the terms of this Agreement. Users must be at least 14 years old.

3. Acceptable and Lawful Use; No Endorsement of Content

Users shall comply with all appropriate laws, statutes and regulations regarding the use of this Site. We make no representations or endorsements regarding the quality, accuracy, and reliability of information posted on the Site.

4. Protecting Your Information : You should keep any correspondence you receive relating to the Website and Services (including, but not limited to, your user ID, passwords, other registration information, e-mails, order information, or any other information) confidential and in a safe place. If other people have access to your computer, handheld device, user ID or password, or other personal information, they may be able to access information you have obtained from the Website and Services. We are not responsible for the security of privacy of any such information under these circumstances. You agree to notify Us at service@helpvault.info if you learn of or suspect any loss or unauthorized use of your login information (user ID or password). We are also not responsible for the security of your internet access services provider and you should review their security and privacy policies carefully.

5. Dispute Resolution

Users agree to use the dispute resolution procedures set forth in this Agreement with respect to any controversy or claim arising out of or relating to this Agreement or its breach. Any dispute between Us and Users arising out of or in connection with this Agreement shall be settled by a binding arbitration in San Diego, California in accordance with the then-current rules and procedures of the American Arbitration Association. The arbitrator shall apply the law in accordance with the choice of law provisions contained within this Agreement. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Users agree that, any provision of law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. Any disputes between Users are not the responsibility of Us.

6. Severability: If an arbitrator or other legal authority determines that any part of these Terms of Use is illegal or unenforceable, then such part will be eliminated and the remaining Terms of Use will remain in force and effect and continue to apply to your use of the Website and Services.

7. Governing Law; Attorneys' Fees

The Website and Service are intended only for access and use by United States residents, are presented solely as a service to visitors and subscribers located in the United States of America and its territories, and therefore may not comply with legal requirements of foreign countries. This Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this Agreement, the expenses of the arbitration, including reasonable attorney’s fees, will be paid for by the party against whom the award of the arbitrator is rendered.

8. Intellectual Property

The Website and Services contain copyrighted works, trademarks and other proprietary material owned by Us or our information providers. The Site is protected by federal and international copyright and trademark laws. If no restrictions are displayed, you may print, download, or make copies of materials from the Website and Services for your own personal and non-commercial use only. Except as just provided, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material or images, or reverse engineer, decompile, disassemble, modify or create derivative works from the Website and Services without written permission from Us. In addition, you may not modify, alter, revise, paraphrase, omit, change, create derivative works, or modify or obliterate any copyright notice or other warning on any material or images from the Website or Services without written permission from Us. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Us. 

9. No Warranty

WE PROVIDE ACCESS TO THIS SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. SERVICES AND INFORMATION PROVIDED BY HYPERLINKED WEBSITES OR THIRD PARTIES MAY BE SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS OF THOSE PROVIDERS. WE MAKE NO WARRANTY THAT THE SITE OR SERVICE WILL MEET USER REQUIREMENTS, OR THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE OR SERVICE OR THROUGH HYPERLINKED SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

10. Medical and Other Advice 

We are not authorized to provide and do not engage in providing medical advice. All information in the Website and Services is for User’s educational and informational purposes only. This information is not intended as a substitute for consultation with User’s doctor or other licensed medical professional and should not be used to diagnose or treat a health problem. User should consult with User’s doctor to assist in evaluating the appropriateness of any information provided by the Website and Services. User should never disregard, avoid or delay obtaining medical advice from a licensed professional because of something in the Website or Services. In no event will We be responsible for any decision made or action taken in reliance on the information contained in the Website and Services. 

The information in the Website and Services is also not intended as and does not constitute financial or legal advice and User should consult an appropriate professional for specific advice tailored to User’s situation.

11. Indemnification: We will notify you of any claim made by a third party for liability or expense arising from your use of the Website and Services, in whole or in part, directly or indirectly. You in turn agree to indemnify, defend, and hold harmless Us and Our related parties for any such claim, including reasonable attorneys' fees.

12. Other Limitations of Liability

WE CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF THE WEBSITE AND SERVICES. BY ACCESSING THE WEBSITE AND SERVICES YOU AGREE TO HOLD HARMLESS AND WAIVE ALL CLAIMS AGAINST US AND OUR RELATED PARTIES REGARDING THE INFORMATION PROVIDED AND YOUR USE OF IT. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR OUR RELATED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF ITS NEGLIGENCE OR WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM RELATED TO THE WEBSITE AND SERVICES IS YOUR STOPPING YOUR USE OF THE WEBSITE AND SERVICES. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF US AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 

13. User’s Use of the Website and Services

User agrees to use the Website and Services only for lawful purposes and in a manner consistent with their intended use and these Terms of Use. We may, at any time and without notice, prohibit access to the Website and Services to any individuals whom We determine are using the Website and Services in a way not permitted under these Terms of Use, or is restricting or prohibiting any other user from using or enjoying the Website and Services, or whose conduct might constitute a criminal offense, result in civil liability, or otherwise violate any applicable local, state, national or international law. 

Examples of prohibited uses of the Website and Services include, but are not limited to: (a) sharing of personal medical/prescription information with an unauthorized third party; (b) placement on the Website and Services of any untrue, malicious, fraudulent, harassing, offensive or defamatory material, or any material that is irrelevant to a legitimate use of the Website and Services; (c) introduction of viruses, worms or other programming routines that are intended to disrupt or interfere with the operation of the Website and Services; (d) linking to or insertion of links to other sites of whatever character; (e) unauthorized changes to any data or information supplied by the Website and/or Services; (f) any activity that infringes on the copyright, patent, trademark or other rights of any other person or organization. Any unauthorized entry (commonly referred to as “hacking”) into any portion of the Website or Services may constitute a crime under state and/or federal law and We will prosecute these violations to the fullest extent permitted by law. Anyone using this Website and Services in violation of these Terms of Use will be liable to Us for any and all damages suffered by Us. 

14. Entire Agreement

This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Us and the User pertaining to the subject matter hereof. From time to time, where certain laws/jurisdictions apply, We, when necessary, may make amendments. User shall regularly review the User Agreement that is posted on the Site. If User has any questions about the User Agreement, contact us at service@helpvault.info

PRIVACY POLICY

We respect the privacy of your information. We provide this explanation about our online information practices as a show of our commitment to protect your privacy. This Privacy Policy is hereby incorporated by reference into the User Agreement.

We have strived to design and manage our site to meet current industry standards of privacy and security, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA). While no website can be 100% secure, We have security measures in place to protect against the loss, misuse and alteration of the information under Our control. Our Web Server uses encryption technology to ensure private and authenticated communication by encrypting (via 128-bit SSL encryption standard) all user-identifying data between two parties (customer and Website). In addition, our Websites have the added benefit of "secure site verification" for Internet customers issued by Equifax™ (The Certificate Issuing Authority) that We are indeed a real company. 

Access to Our database is protected by physical security, with access limited to few personnel. Our database IP is only accessible through Our application and not visible over the Internet. Our servers are continuously monitored for network intrusion. 

The Information We Collect

We collect and store your Profile in order for you to manage your health. You may be required to pre-enroll though a provider or health plan, which will then start the enrollment process with Us. You can logon to your health plan’s website to obtain a user id and password before you access your protected healthcare information. 

This Website's registration form may require that you give Us your personal and controlled e-mail address (we strongly recommend that this not be your work-related address) and certain personal information (currently your first and last name, member ID number, and birth date). Using your registration information, We develop a Profile for you in order for you to receive optimal benefits when you are using Our Website. 

In addition, We automatically gather general statistical information about Our Website and visitors, such as IP addresses, browsers, pages viewed, number of visitors, etc., but in doing so We do not reference you by individual name, e-mail address, home address, or telephone number. We use this data in the aggregate to determine how much Our customers use parts of Our Website so We can improve Our Website. We also provide this statistical information to third parties. 

The Way We Use information

We are not engaged in rendering medical advice. There are instances in which We might use the personal information you voluntarily submit internally. In addition, We may disclose your personal information – as described herein – to Our agents, third-party partners, and affiliates to enable them to perform certain functions for Us.

We use your personally identifying information to improve Our marketing and promotional efforts, to statistically analyze Website usage, to improve Our content and product offerings and to customize Our Website's content, layout, and services. 

We may use your information to deliver information to you that, in some cases, is targeted to your interests, such as targeted banners, new services and promotions. We may ask you to provide Us voluntarily with additional information regarding your personal or business interests, experience or requests, which We may use to customize Our service for you. 

We may use your e-mail address, your mailing address, and phone number to contact you regarding administrative notices, new product offerings and communications relevant to your use of the Website. 

We may also use or disclose information to resolve disputes, investigate problems, or enforce our User Agreement. At times, We may review status or activity of multiple users to do so. We may disclose or access information whenever We believe in good faith that the law so requires or if We otherwise consider it necessary to do so to maintain service and improve Our products and services. 

We use your IP address to help diagnose problems with Our server, to manage Our Website and to enhance Our Website based on the usage pattern data We receive. 

Third Party Practices

This Website contains links to other sites. We are not responsible for the privacy practices of such sites. We recommend that you review the privacy and security policies of such sites should you so desire. 

Member Communications and Forums

This Website may make (as available) chat rooms, forums, message boards, and/or news groups available to you. Please remember that any information (including personal and medical information) that you reveal in Our public forums (such as a bulletin board, posting, chat room/event) are not protected by this Privacy Policy. Third parties not related to Us will see such postings. What you've written could be used by others in ways We are unable to control or predict, including to contact you for unauthorized purposes. Also, if you access a third party site from a link on your health plan’s website, any information you reveal on that site is not subject to this Privacy Policy. You should consult the privacy policies of each site you visit. 

You are responsible for the content and information contained in any communications you may send to this Website, including its truthfulness and accuracy. You agree that you will not upload or transmit any communications that infringe any patent, trademark, trade secret, service mark, copyright or other proprietary rights of any party. You warrant that your communications comply with federal, local and international laws respecting trademark, trade secret, service mark, copyright or other proprietary rights of any party. 

Children Under 14

We have no way of distinguishing the age of individuals who access Our Website, and so We carry out the same Privacy Policy for individuals of all ages. If a child has provided Us with personally-identifying information without parental or guardian consent, the parent or guardian should contact Us to remove the information and opt out of promotional opportunities. 

If you have any questions about this Privacy Policy, the practices of this Website, or your dealings with this Website, you can contact Our Privacy Officer at: service@helpvault.info 

Changes to Our Privacy Policy

Any changes to Our Privacy Policy will be communicated through this Website at least in advance of its effective date. Information collected before changes are made will be secured according to the previous Privacy Policy. 

YOUR CONSENT

By using Our Website, you consent to the collection and use of this information in the manner We describe. 

Authorization to Use and Disclose Health Information 

1.  Request to Save a Copy of Approved Prescription Claims Data in Microsoft® HealthVault™

I,  , request and authorize my healthcare provider/pharmacy benefit manager to save a copy of APPROVED PRESCRIPTION CLAIMS DATA in Microsoft HealthVault:

     Personal Health Record for  

I understand that I am requesting my healthcare provider/pharmacy benefit manager or its agent to make a copy of approved prescription claims data and to save it in the Microsoft HealthVault application where it will no longer be protected by my healthcare provider/pharmacy benefit manager’s or their agent’s security mechanisms or subject to the Health Insurance Portability and Accountability Act (“HIPAA”) privacy regulations.  I understand and agree that my healthcare provider, my pharmacy benefit manager, my employer, and my health plan, or their agents bear no responsibility for the accuracy, security, integrity or availability of any data residing in Microsoft HealthVault, and I further understand that Microsoft use and disclosure of data in Microsoft HealthVault will be governed by the terms and conditions established between Microsoft and me.

2.  Duration of Authorization

This is a one-time authorization that will result in immediate transfer of the data currently residing in the healthcare provider/pharmacy benefit manager approved prescription claims data.  Any user-entered or system-generated changes to my healthcare provider/pharmacy benefit manager approved prescription claims data that occur after the transfer will not be reflected in Microsoft HealthVault.  I understand that I must log onto the healthcare provider or pharmacy benefit manager Member Portal to initiate subsequent transfers in order to keep Microsoft HealthVault up to date with changes occurring in the healthcare provider/pharmacy benefit manager approved prescription claims data.   

3.  Today’s date:  12/16/2017

4.  Signature 

I declare and represent that I am:  

 

I understand that I am not required to save a copy of my approved prescription claims data in Microsoft HealthVault in order to continue my health coverage.

By clicking on the “I accept” button below, I am accepting the Terms of Use (User Agreement) and the Privacy Policy above and authorizing my healthcare provider/pharmacy benefit manager to make this processed prescription claims information and other data available per my instructions above. In addition, I intend for my healthcare provider and my pharmacy benefit manager to accept this form as my written signature for all purposes under state and federal law.