Your way to a healthy lifestyle

HMC HEALTHWORKS’ Portal

Privacy Policy, Terms of Use, and Authorization

***By clicking ACCEPT, you are accepting the Terms of Use, Privacy Policy, and Authorize your information can be used as described. Please read the entire document. **

Please review the following agreement which contains the Privacy Policy and Terms of Use. The agreement addresses the services provided, privacy, confidentiality, and copyright issues related to your use of the HMC HealthWorks’ Portal. We will not collect information from persons under the age of 13. If you are under the age of 13, do not use this Site. The HMC HealthWorks’ Portal including its Personal Health Assessment (PHA) is administered by Health Management Concepts, Inc., dba HMC HealthWorks (“HMC” or “we”) as part of your company’s program.

The privacy of your health information is a key concern for HMC. HMC takes this responsibility very seriously and has taken steps to ensure that your health information will be protected and kept private and confidential. To help ensure privacy of your data, never share your username and password with anyone who you do not want to access your data.

HMC is required by the Health Insurance Portability and Accountability Act of 1996 and other applicable federal and state laws to maintain the privacy of Personal Information that we hold, develop, or receive from other sources. We are also required to give you this policy about our privacy practices, our legal duties, and your rights concerning your medical information. We must follow the privacy practices that are described in this policy while it is in effect. Any Personal Information collected through this Site will be confidential and will not be disclosed without your express permission except as required or authorized by law, or as described.

By using the Site, you agree to be bound by the terms of this Privacy Policy and by our Terms of Use. We may change this Privacy Policy at any time without notice to you (except where required by applicable law) by posting revisions to the Site. Your continued use of the Site after any changes have been posted indicates your agreement to the revised terms. Accordingly, we urge you to review this Privacy Policy at the start of each use of the Site.

PRIVACY POLICY

Overview

HMC is committed to protecting your privacy and the security of the information you entrust with us. This privacy policy (Policy) discloses our information gathering and dissemination practices. All of our practices are HIPAA compliant. Your use of the HMC Portal is governed by the terms of this Policy, and by using or accessing the HMC Portal you agree to be bound by it.

How the Health and Wellness Information in the HMC Portal is Obtained

The HMC Portal is meant to provide a health and wellness management solution, which also provides you the ability to securely communicate with your wellness team. The only personally identifiable information the HMC Portal obtains is information that you voluntarily provide or authorize.

Chronic condition management programs (e.g., diabetes, smoking cessation, obesity, etc.) may view, access, or contribute condition-related information to your account if you grant them permission to do so. Devices, such as scales, blood pressure cuffs, glucometers, etc., may contribute data to your account directly or through a manufacturer's website if you grant them permission to do so.

If we need additional information to provide you with customized content, programs, activities or services (a “Program”) or to inform you of relevant health resources and programs, you will be asked for that information. HMC uses the information to:

• Verify that only authorized users are accessing the respective Program;
• Enable the HMC Portal to provide the personalized service you have elected; and
• Provide the specific Program you have selected.

The HMC Portal may use your information to confirm your identity when you sign into the HMC Portal.

Information You Contribute to the HMC Portal

When you enter information in the HMC Portal, that information is stored and accessible to only to HMC staff.

Sharing Your Personal Health Information

If you share information available through the HMC Portal with another individual, you acknowledge and accept responsibility for your decision to provide them access to potentially sensitive information.

How Information is Collected and Used

The HMC Portal collects certain information from you in three ways: (I) from web server logs, (ii) with cookies and web analytics tools, and (iii) directly from you.

• (a) IP Addresses (Server Log Information). An IP address is a number automatically assigned to your computer whenever you access the Internet. All computer identification on the Internet is conducted with IP addresses, which allow computers and servers to recognize and communicate with each other. The HMC Portal collects IP addresses in order to conduct system administration, report Aggregate Information (as defined below) to affiliates or partners, and to conduct web site analysis. The HMC Portal will also use IP addresses to identify any users who refuse to comply with the Terms of Use agreement, and to identify users who threaten the HMC Portal service, web site, users, clients or others.
• (b) Cookies and Web Analytics Tools. The HMC Portal, directly or through its subcontractors, places a text file called a 'cookie' in the browser files of your computer. Cookies are pieces of information that a website transfers to an individual's hard disk for record-keeping purposes. The HMC Portal uses cookies during your online session to determine whether a user is logged in or not, and to improve performance of the HMC Portal. The HMC Portal does not use cookies to store passwords or sensitive information. These cookies do not contain any personal information. You may disable cookies in your browser but doing so will restrict your access to only public pages and you will no longer be able to access the HMC Portal. In addition to cookies, some web analytics tools used by the HMC Portal place a single-pixel GIF file on a computer as a tracking indicator.
• (c) Registration (User-Supplied Information). The HMC Portal registration systems may require you to give us your contact information (such as your name and e-mail address) and demographic information (such as a ZIP code, organization and/or role). Your contact information is used to contact you when necessary. We may use the HMC Portal to communicate with you about our services.
• (d) Services (User-Supplied Information). We may use your account and e-mail address to communicate with you about our services. If you sign up for a new service, we may collect personal information such as contact information (e.g. name, address, telephone number and alternate e-mail address), demographic information (e.g. zip code, organization and/or role), or sensitive information (e.g. healthcare information).

How Information is Shared and Disclosed

We do not rent, sell, or share personal information about you with other people or nonaffiliated companies, except when we have your permission, or under the following circumstances:

• (a) Disclosures to Third Parties Assisting in Our Operations. We may provide your personal information to affiliates, subsidiaries and trusted partners who work on behalf of or with HMC under confidentiality agreements. These companies may use your personal information to assist us in our operations and/or contact you offer program services you are entitled to. However, these companies do not have any independent right to share this information.
• (b) Aggregate Information. We may provide information about you that does not allow you to be identified or contacted (“Aggregate Information”) to third parties, such as usage information and trends. When Aggregate Information is provided, it is pooled with many individual records and stripped of any data that could be used to identify you before it is used.
• (c) Disclosures Under Special Circumstances. We may provide information about you to respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims. It may also be necessary to share information in order to investigate, prevent or take legal action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Use, or as otherwise required by law.

Your Ability to Edit, Disable, or Delete Your Information or Your Connection

Should you decide that you no longer wish to use the HMC Portal, you may disable your connection to the HMC Portal. Deleting the connection does not notify us that you no longer wish to receive communications in the HMC Portal.

If you wish to stop receiving communications from HMC, edit your profile, or disable your account, you may modify the settings under your profile. If you wish to delete your information that is maintained in the HMC Portal, please contact us at 877-735-9415.

Children's Privacy Protection

The HMC Portal is not designed for or targeted toward children. We will not knowingly collect and maintain personally identifiable information directly from children under 13 years of age.

Questions

We regularly review our compliance with this Policy. If you have any questions or suggestions about how we treat personal information, please contact us at:
HMC HealthWorks
140 Intracoastal Pointe Drive, Suite 301
Jupiter, FL 33477
Attn: HMC Portal

Notification of Changes to this Privacy Policy

This Policy may be revised from time to time as we add new features and services, as laws change, and as industry privacy and security practices evolve. However, we will take reasonable steps to notify you of material changes we make to this Policy. We display an effective date on the policy above so that it will be easier for you to know when there has been a change. You are responsible for regularly reviewing this Policy. Your continued use of the HMC Portal constitutes your acceptance of the revised terms. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice.

TERMS OF USE

Overview

These Terms of Use are a legal document governing your use of the software and internet portion of the services HMC is providing, including content, updates and new releases (the “Services”). If you do not agree to these terms, then do not use the Services.

1. LICENSE GRANT AND RESTRICTIONS
   1. The Services are protected by copyright, trade secret, patent and other intellectual property laws. You are only granted the right to use the Services by HMC and its licensors (collectively “Licensor”) and HMC reserves all rights in the Services not expressly granted to you. As long as you comply with these Terms of Use, HMC, directly or in accordance with one or more licenses which it holds, grants to you a personal, limited, nonexclusive, nontransferable sublicense to use the Services that is valid only for the period of use provided in your agreement with HMC. In addition, your right to use the Services is only for the purposes described by your agreement with HMC and these Terms of Use.
   2. You agree not to use the Services or Content (as defined below) in a manner that violates any applicable law, regulation, your agreement with HMC or these Terms of Use. For example, (and not as an exhaustive list of examples) and unless authorized by HMC in writing, you agree you will not:
      1. Provide access to or give any part of the Services to any third party.
      2. Modify, disrupt or interfere with the Services, supporting servers, or networks either manually or through the use of scripts, viruses, or worms.
      3. Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
      4. Attempt to access any other Licensor systems that are not part of these Services.
      5. Excessively overload the Licensor systems used to provide the Services.
   3. If you violate any of these terms, your right to use the Services automatically terminates.
2. CONTENT
   1. You are responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the Services. You grant Licensor a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the Services to share, store, or in any way distribute personal data that is not in accordance with the law. Any users suspected of having information which may be proscribed by law may have their accounts terminated, their data sequestered, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Other than as described herein, Licensor is under no obligation to ratify or approve the type or quality of the Content or other data you submit on the website.
   2. You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
      1. Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
      2. Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
      3. Except as otherwise expressly permitted by HMC, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
      4. Virus, trojan horse, worm or other disruptive or harmful software or data; and
      5. Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
   3. Forums.
      1. The Services may include a forum to post or exchange information with other users of the Services. Please use respect when you interact with other users. Licensor does not support and is not responsible for the accuracy of others Content in these forums. Do not reveal information in the forum that you do not want to make public. Exercise your judgment in evaluating and acting on (or ignoring) Content posted in forums. Remember, due to the anonymous nature of the Internet, other users may not be who they say they are, know what they say they know or be affiliated with whom they say they are affiliated.
      2. Licensor may freely use feedback you provide. You agree that Licensor may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Licensor a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Licensor in any way.
      3. Licensor may, but has no obligation to, monitor Content provided by users in any community services. We, and our licensors, may disclose the limited amount of information necessary or appropriate to satisfy applicable legal obligations, protect Licensor or its customers, or operate the Services properly. Licensor, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of these Terms of Use.
3. ADDITIONAL ITEMS YOU AGREE TO
   1. Licensor does not give professional advice. Licensor is not in the business of providing legal, financial, accounting, health care, insurance, benefit, retirement, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
   2. Communications choices. Licensor may be required to send you communications concerning your transactions related to the Services. You agree that Licensor may send these communications to you via email or by posting them on one of our sponsored websites.
   3. You will track your passwords and accept updates to the Services. You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact HMC WELL-BEING as soon as possible.
   4. The Services may periodically be updated with tools, utilities, improvements, third party applications or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
   5. Licensor shall not be liable for any default or delay in the performance of its obligations under these Terms of Use to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action.
4. DISCLAIMER OF WARRANTIES.
   LICENSOR WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE AND IS NOT RESPONSIBLE FOR ANY INSURANCE COVERAGE OR CHANGES THERETO, OR ANY BENEFITS THEREUNDER, OR ANY CLAIMS, PAID OR DENIED, OR ANY PENALTIES OR INTEREST RELATED THERETO. THE USE OF THE SOFTWARE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK, AND EXCEPT AS DESCRIBED IN THESE TERMS OF USE, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SOFTWARE SERVICES. LICENSOR DOES NOT WARRANT THAT YOUR USE OF THE SOFTWARE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. LICENSOR SPECIFICALLY DISCLAIMS AND DENIES THAT LICENSOR IS ANY MANNER ACTING AS, OR AGREES TO WARRANT ANY COMPLIANCE WITH EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 OR OTHERWISE THAT LICENSOR IS A FIDUCIARY, TRUSTEE, ‘ADMINISTRATOR’ OR ‘NAMED FIDUCIARY’ UNDER ANY CLIENT OR CLIENT ADMINISTERED, AUTHORIZED USER EMPLOYEE BENEFIT PLAN.
5. LIMITATION OF LIABILITY AND INDEMNITY.
   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF LICENSOR AND ANY OTHER SUPPLIER OF THESE SERVICES TO YOU FOR ALL MATTERS OR CLAIMS RELATING TO THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO LICENSOR FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, LICENSOR IS NOT LIABLE FOR ANY OF THE FOLLOWING:
   • INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES;
   • DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET LICENSOR SYSTEMS REQUIREMENTS.
   • THE ABOVE LIMITATIONS APPLY EVEN IF LICENSOR AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. INDEMNITY.
   You agree to indemnify and hold Licensor and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or your breach of these Terms of Use (collectively, "Claims"). Licensor reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Licensor in the defense of any Claims.
7. CHANGES TO THESE TERMS OF USE OR THE SERVICES.
   Licensor may change these Terms of Use from time to time to reflect changes in the way the Services are provided or received, and the changes will be effective when posted on Licensor’s website for the Services or when Licensor notifies you by other means. Please review these Terms of Use periodically on this website for changes. Licensor has the right to change any of the terms of these Terms of Use upon reasonable notice to you. Your continued use of the Services after posting or notifying you of any changes indicates your agreement to the changes.
8. TERMINATION.
   Licensor may immediately and without notice terminate these Terms of Use or suspend the Services provided to you if you fail to comply with these terms or if you no longer agree to receive electronic communications. Upon termination. you must immediately stop using the Services. Any termination of these Terms of Use shall not affect Licensor’s rights to any payments due to it. Licensor may terminate a free account at any time. Other requirements regarding termination or cancellation of the Services may apply based on the specific terms for the Services provided to you by Licensor or other Third Parties.
9. EXPORT RESTRICTIONS.
   You acknowledge that HMC’s website, the Services and the underlying software and websites may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations and will not export or re-export the Services, or any part of the Services, in violation of these laws and regulations, directly or indirectly.
10. HELP AND SUPPORT.
    Licensor may use a variety of methods (e.g., in-product, Internet, e-mail, chat, fax and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Licensor from time to time.
11. USER ID AND PASSWORD SECURITY.
    You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password, except if you choose to provide that information to Licensor's authorized technical support personnel to assist you. You are responsible for the use of the Services under your user ID.
12. PRIVACY OF PERSONAL INFORMATION.
    1. Licensor does not retain your personal information except as necessary to provide services to you, or to service your benefits with your applicable broker, insurer or employer as necessary, as permitted by law. Licensor may collect your personal information, solely to pass it along to the appropriate insurer, broker or employer as necessary. We do not otherwise collect your personal information except that which your benefit provider asks you to provide to us.
    2. You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer.
13. MISCELLANEOUS.
    1. These Terms of Use are the entire agreement between you and Licensor and replace all prior understandings, communications and agreements, oral or written, regarding its subject matter. These Terms of Use set forth the entire liability of Licensor, its corporate affiliates and your exclusive remedy with respect to the Services and its use. If any court of law, having the jurisdiction, rules that any part of these Terms of Use are invalid, that section will be removed without affecting the remainder of the Terms of Use. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.
    2. Florida state law governs these Terms of Use without regard to its conflicts of law provisions. To resolve any legal dispute arising from these Terms of Use, you and Licensor agree to the exclusive jurisdiction of state courts in Palm Beach County, Florida, U.S.A. or federal court for the Southern District of Florida.
    3. Any translation of these Terms of Use is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of the Terms of Use shall govern. The parties hereby confirm that they have requested that the Terms of Use and all related documents be drafted in English.
    4. You cannot assign or transfer ownership of these Terms of Use to anyone without the prior written approval of Licensor. However, Licensor may assign or transfer it without your consent to (a) a parent company or Licensor direct or indirect subsidiary, (b) another company through a sale of assets by Licensor or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of these Terms of Use or if your company is acquired by or merged into another company, contact Licensor.

PARTICIPANT ACKNOWLEDGEMENT AND AUTHORIZATION

By proceeding to the HMC site and providing contact information and answering questions presented in the Personal Health Assessment (if completed) and submitting your results, you agree to the following:

• I affirm that I have read and understood this authorization;
• You authorize HMC to share your contact information with affiliates, subsidiaries and trusted partners who work with us under confidentiality agreements. These companies may use your personal information to assist us in our operations and/or contact you offer additional program services you are entitled to.
• I understand that participation in the Personal Health Assessment (PHA) and the activities included on this site offered by the program mentioned above is completely voluntary; and
• I agree that if I choose to participate in Personal Health Assessment (PHA) portion of the program, I authorize the collection and use of my data as described in this authorization.