Privacy Policy

TERMS OF USE & PRIVACY POLICY

Effective Date: January 1, 2018

This HealthSparq, Inc. (“HealthSparq”) web application and corresponding website, (the “Site”) is provided subject to the terms and conditions set forth below (the “Terms”), in addition to, and not in limitation of, the provisions of any other agreement you, your employer, or your insurer may enter into with HealthSparq. By using this Site, you signify your agreement with the following terms of use, so please read them carefully.

Updates and Changes to these Terms

HealthSparq may modify these Terms from time to time and without notice (except to the extent required by law), effective immediately upon posting on this Site. Your continued access or use of this Site shall constitute acceptance of such modifications of the Terms. HealthSparq has the right to terminate your access or use of this Site at any time without notice.

Benefit information

No content on the Site is intended to replace or amend language for coverage that you may have with your insurer, or benefits you may have through your employer.  HealthSparq posts information that it receives from your employer or insurer.  Your employer or insurer make the final determination as to whether any treatment, procedure, or medication is covered under your benefit plan. You should always consult your benefit booklet and contract for details about what your insurer covers.

No medical advice

The Site does not provide medical advice and neither the information available nor any email responses to your questions shall create a physician-patient, pharmacist-patient relationship or constitute the practice of medicine or clinical pharmacy. The information available on the Site and from any linked sites or third party should not be used as a substitute or supplement for professional medical advice. If you have medical or health-related questions, contact your physician. You should always contact your physician before stopping, starting, or modifying your use of any medication.

Your submissions

Communications that you post to the Site are not confidential. You are responsible for your own communications and the consequences of such posting.

Some parts of this Site may allow you to post, or to e-mail to HealthSparq, materials or information (“Visitor Content”).  Communications that you post to the Site are not confidential.  You are responsible for your own communications and the consequences of such posting.  You grant HealthSparq the unrestricted right to use or distribute, free of charge, any Visitor Content posted on this Site by you. You may not submit or post any material or information which is illegal, obscene, threatening, defamatory, invasive of privacy, or infringing of proprietary rights of any person or entity, or which contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of “spam.” You may not use a false e-mail address to impersonate any person or otherwise mislead as to the origin of any material or information you submit or post.

HealthSparq does not represent or guarantee the truthfulness, accuracy or reliability of any communications posted by other users or endorse any opinions expressed by other users. Any reliance on material posted by others is at your own risk.

HealthSparq may review, remove or edit any Visitor Content at its discretion. HealthSparq has no responsibility and assumes no liability for Visitor Content posted by you or by any other party.

Your obligations

You may not use the Site in any manner that may: adversely affect the resources or the availability of either the Site to others; violate any local, state, national or international law; delete or revise any content on either the Site; or, use the Site to harass any other person or to collect or store personal information about other visitors. If you have a unique user identifier and/or password to access secure areas, you are responsible for protecting the identifier and/or password and for any unauthorized use by others, with or without your permission.

Your account and passwords

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account. It is your sole responsibility to (1) control the disclosure and use of your user name and password; (2) authorize, monitor, and control access to and use of your account and password; and (3) promptly inform your health plan of any need to deactivate a password. You agree not to provide your sign-in credential in a manner that allows for any use of data mining, robots, or similar data gathering and extraction tools or any downloading or copying of account information for the benefit of another party.

Terms of Use and Member Privacy

HealthSparq manages and protects your personal information in accordance with applicable laws and established company security standards and practices. For more information about privacy and security, see Online Privacy & Security (below) or, for more information about how HealthSparq generally manages your personal information, see Privacy Practices (below).

Device Data

You agree that we may collect the following information periodically and without further notice to you as a result of your use of the Site: technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals.

Disclaimers

ALTHOUGH WE ATTEMPT TO MAINTAIN THE ACCURACY AND INTEGRITY OF THE CONTENT ON THE SITE, HEALTHSPARQ MAKES NO GUARANTY AS TO ITS CORRECTNESS, COMPLETENESS, OR ACCURACY. THE SITE ALONG WITH ALL INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY HEALTHSPARQ ON AN “AS IS” AND “AS AVAILABLE” BASIS. HEALTHSPARQ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE APP, OR THE INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH EITHER THE SITE OR THE APP. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE SERVICES, THE APP, AND THE SUBMISSION OF ANY INFORMATION BY YOU IS AT YOUR SOLE RISK. HEALTHSPARQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability with Respect to HealthSparq and its Suppliers and Licensors

HEALTHSPARQ AND ITS SUPPLIERS AND LICENSORS (INCLUDING, FOR THE PURPOSES OF THIS ENTIRE SECTION, ALL PROVIDERS OF SERVICES AND CONTENT FOR THIS WEB SITE) SHALL NOT BE LIABLE TO YOU, UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LIABILITY OR INDEMNITY, FOR ANY DAMAGES OR PENALTIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Use of Content

The contents of the Site are protected by copyright. The collective work of the Site may also include work that is the property of others, which work is also protected by copyright or other intellectual property laws. Unauthorized use may violate copyright, trademark and other laws. HealthSparq authorizes you to view and download material on the Site solely for your own use. You must keep all copyright and other proprietary notices on any copies you make. You may not sell or modify the material or otherwise use it for any public or commercial purpose.

DMCA

HealthSparq respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may send us a notice requesting that the material be removed. When submitting a notice, provide us with the following information: (i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site or the App; (iv) your address, telephone number, and email address;(v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf, and that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law. HealthSparq’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Attn: Legal Department, PO Box 1271, Portland, OR 97207.

Trademarks

HealthSparq’s name and any other names of HealthSparq or its websites, publications, products, content or services referenced on the Site are the exclusive trademarks or service marks of HealthSparq, including without limitation the “look and feel” of the Site and the color combinations, layout and other graphical elements. You may not use HealthSparq’s trademarks in any manner without the express, written permission of HealthSparq. Other product and company names that appear may be subject to trademark or other rights of other parties.

Third Parties

The Site may provide links to other websites that are not owned or controlled by HealthSparq (“third-party websites”). HealthSparq has no control over other websites or other resources accessed through such links. HealthSparq provides links to third-party websites to connect you to additional sources of health information or third-party services that may be of interest to you. Such links are provided for your convenience only, and do not constitute an endorsement of the third-party websites or content by HealthSparq. HealthSparq makes no guarantees and disclaims any implied representations or warranties about the accuracy, relevance, timeliness, completeness or appropriateness of these third-party resources, the information contained in them or the products or services they provide. HealthSparq shall not be liable, directly or indirectly, for any damage or loss incurred by you in connection with websites or resources accessed through links. HealthSparq may also provide access to services managed by its suppliers (“third-party services”) that we have made arrangements with to offer you services to help you manage your health. These third-party services may be co-branded, meaning that they display the HealthSparq logo and the logo of the third-party services but they are owned and controlled by the third party. In each such instance, where practicable, we will let you know when you are leaving the Site and linking to a third-party website or accessing third-party services. HealthSparq is not responsible for the content, security or the privacy practices of third-party websites or third-party services. Review the privacy statement and any terms of use of each third-party website you visit or third-party services you access.

Some of the services made available through the Site may be subject to additional third-party terms, privacy policies and disclosures, including the ones posted under Third-party terms below and incorporated herein by reference.

Linking to and Framing of this Site

You may not frame any HealthSparq content, or use any trademark, logo or other proprietary information on this Site, without HealthSparq’s express written consent. You may not use HealthSparq’s name or trademarks in any metatags or other hidden text without the express written consent of HealthSparq. You may link to this Site for noncommercial purposes only. HealthSparq reserves the right to demand you remove any such link at any time, for any or no reason, and at HealthSparq’s sole discretion.

Compliance with COPPA

The Site is not directed at children under the age of 13. HealthSparq complies with the Children’s Online Privacy Protection Act and does not knowingly permit registration or submission of personally identifiable information by anyone younger than 13 years of age.

Termination

HealthSparq may terminate your right to access or use the Site at any time without notice. HealthSparq reserves the right to block, delete or stop the uploading of materials and communications that it in its sole discretion finds unacceptable for any reason.

Governing Law and Disputes

These Terms, and any dispute that may arise between you and HealthSparq, will be governed by the laws of the State of Oregon without regard to conflict of laws or principles. The Terms, as may be amended from time to time, set forth the entire understanding between you and HealthSparq as to the subject matter of the Terms, unless otherwise specifically provided under a written agreement. Jurisdiction and venue will be in the courts of Multnomah County, Ore. for any disputes arising out of or relating to these Terms.

Miscellaneous

If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of HealthSparq. HealthSparq may assign its rights and duties under the Terms to any party, at any time, without notice. HealthSparq reserves all rights not expressly granted in these Terms.

ONLINE PRIVACY AND SECURITY

At HealthSparq, protecting your personal information is important to us. Whether you are a current customer or visiting this Site, we are as committed to protecting the information you provide through this Site as when you provide it to us over the phone, in person, electronically or through the mail. However, we recognize, and want you to recognize, that while electronic communications have many benefits, they may not be as secure as other means of communication. Read the following information carefully to better understand how using this site affects your privacy.

Security Practices

HealthSparq attempts to protect online information according to applicable laws and established company security standards and practices. We have security measures in place to protect against the loss, misuse, or alteration of information under our control, and we continually evaluate new technologies for safeguarding your information. However, we cannot guarantee the confidentiality or security of electronic transmissions via the Internet because they may potentially use unsecure computers and links, and data may be lost or intercepted by unauthorized parties during such transmission. If you wish to submit personal or confidential information by a more secure means of communication, contact us.

Sensitive information you provide to us online is protected by Secure Socket Layer (SSL) technology. SSL is the leading security protocol for data transfer on the Internet. This technology encrypts your account information as it moves between your Internet browser and HealthSparq computer systems. When information is encrypted in this way, it becomes nearly impossible for anyone other than HealthSparq to read it. This secure session helps protect the safety and confidentiality of your information when you interact with HealthSparq online.

Cookies, Pixels & Similar Technologies

Technologies like cookies, pixels, device or other identifiers (collectively, “Cookies and similar technologies”) are used to deliver, secure, and understand products and services offered by HealthSparq. Cookies are small files that are placed on your browser or device by the website you are viewing or app you are using.

We use cookies and similar technologies for a variety of reasons, such as allowing us to show you content and material that’s most relevant to you, improving our products and services, and helping to keep our products and services secure. While specific names of the cookies and similar technologies that we use may change from time to time as we improve and update our products and services, they generally fall into the following categories of use: authentication, security, insights and measurements, localization, and site features and performance.

We sometimes use service providers or partner with third parties to help us provide or inform you of certain products and services. HealthSparq may contract with these other companies that use cookies and similar Technology to collect information regarding your interaction with HealthSparq advertisements and your use of both HealthSparq and third-party websites. We may transfer information to service providers and other partners who globally support our business, such as providing technical infrastructure services, analyzing how our products and services are used, measuring the effectiveness of ads and services, providing customer service, and facilitating payments.

If you do not want to receive cookies and similar technologies from this site, you can set your browser to not accept them.

Use of Email

Use your own best judgment when sending information via the Internet to an email address. Email sent via the Internet may pass through private and public networks with varying levels of security. Some networks may have taken steps to secure email transmissions while others have not, thereby compromising the privacy and integrity of an email. An email may be copied, altered or destroyed. HealthSparq will respect your request not to be contacted by email.

After your email is received, HealthSparq preserves the content of your email, your email address and our response so we can efficiently respond to questions you might have. We also do this in an effort to meet legal and regulatory requirements.

Updates to this Statement

Evolving technology will continue to provide HealthSparq with new and better ways to safeguard your information. We may update this statement in the future to reflect these technological advances, and we encourage you to return to this page from time to time for any updates.

PRIVACY PRACTICES

THIS SECTION DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED BY HEALTHSPARQ AND HOW YOU CAN GET ACCESS TO THIS INFORMATION FROM HEALTHSPARQ.

PLEASE REVIEW IT CAREFULLY.

This Privacy Practices Section applies to the HealthSparq Site’s use and disclosure of your data.  Your group health plan and/or insurance carrier also maintains a separate Notice of Privacy Practices, which describes their use and disclosure of your data.  You should also review and become familiar with that notice.

We, at HealthSparq, know you value your privacy. That is why we are committed to the confidentiality and security of your personal information. We maintain physical, administrative and technical safeguards to protect against unauthorized access, use, or disclosure of your personal information, including information we share internally either orally, electronically, or in writing.

We collect personal information, such as your name, contact information, and health information, from you, your employer, and/or your insurers that provide you coverage. We are required by law to maintain the privacy of this information and to explain our legal duties and privacy practices. We are also required by law or by contract to notify affected individuals or their insurer, health plan or provider (Covered Entity for which we are a Business Associate) following a breach of unsecured protected health information. We provide the protections and apply the practices described in this notice to all personal information that we maintain, including personal information of former members who are no longer covered by us. We hope this notice will clarify our responsibilities to you and give you an understanding of your rights. We are required to abide by the notice that is currently in effect. This notice is in effect as of January 1, 2018.

Your rights

If your health plan or provider contracts with HealthSparq, you may exercise your individual rights (inspection and amendment of records, accounting of disclosures, and special handling requests) under HIPAA by contacting your insurer, health plan or provider.  If you have questions, you may call us or write to our Privacy Official. See Contacting Us at the end of this notice.  If you want a paper copy of this notice, you can request it in writing.  See Contacting Us at the end of this notice.

Complaints

You have the right to submit a complaint if you believe we have violated your privacy rights. To submit a complaint, write to: HealthSparq, Privacy Office, P.O. Box 1071, Mailstop E12P, Portland, OR 97207 or call us at the phone number provided at the end of this notice. If we contract with your insurer, health plan or provider, you also have the right to submit a complaint to them.  You have the right to submit a complaint to the Secretary of the U.S. Department of Health & Human Services to the extent we are acting as a Business Associate to your insurer, health plan or provider. Be assured that we will not retaliate against you for submitting a complaint.

Permitted Uses and Disclosures

To provide accurate information and services to you, we collect, use and disclose protected health information for a variety of purposes:

  • Payment: We may use or disclose protected health information for payment purposes, including to coordinate benefits with other entities responsible for paying your claims.
  • Health care operations: We may use or disclose protected health information to your insurer, health care provider, pharmacy or health plan to facilitate operations, including assisting in coordination of care, supporting refilling prescriptions, detection or prevention of fraud or abuse. We may not, however, use or disclose genetic information for underwriting purposes.
  • Business associates: Occasionally, we contract with vendors and other business associates to assist us, and your health plan to perform insurance-related functions. We may disclose protected health information to these business associates in order to allow them to perform these functions. They also may collect, use or disclose protected health information on our behalf. We contractually obligate our business associates and they are required by law to provide the same privacy protections that we provide.
  • Group Health Plan: If you are enrolled in an employer-sponsored group health plan (or a group health plan sponsored by another entity), we may disclose protected health information to the group health plan or plan sponsor to report our activities. When we provide your personal information to your group health plan or other plan sponsors we comply with the required safeguards to protect your information.
  • Legal proceedings: We may disclose protected health information in the course of a judicial or administrative proceeding, and in response to a court order, subpoena, discovery request, or other lawful process.
  • Law enforcement: We may disclose protected health information to law enforcement officials in response to an administrative subpoena, a warrant, or an administrative request intended to identify or locate a suspect, victim or witness. We also may disclose protected health information for the purpose of reporting a crime on our premises.
  • Military and national security: We may disclose protected health information to armed forces personnel for military activities and to authorized federal officials for national security and intelligence activities.
  • Correctional institution: If you are an inmate, we may disclose protected health information to your correctional institution for treatment purposes or to ensure the safety of yourself and others.

Authorizations

We must obtain your written authorization to sell information about you to a third party or when we receive financial compensation to use or disclose your protected health information to send you communications about products and services.

Contacting Us

Please feel free to contact at 844-633-7288 with any questions or concerns. For more information about this notice or to file a written privacy-related complaint, you may please write to: Privacy Official, HealthSparq, Cambia Health Solutions, P.O. Box 1071, MS E12P, Portland, OR 97207.