This was a statement I had to agree to take an online health assessment through my health insurance. Since this is a completely voluntary action and because it involves potentially sensitive information, I am okay with having to agree to something. Of course, I still haven't read it, so I really have no idea what I'm agree to.
Privacy Statement COPYRIGHT, PRIVACY AND LEGAL INFORMATION ACCESS TO THIS INTERNET SITE IS OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THE FOLLOWING TERMS, CONDITIONS AND NOTICES: Copyright and Trademark Notice All material available on this Internet site is the copyrighted work of The StayWell Company ("StayWell") unless otherwise indicated. All rights are reserved by StayWell, and no material on this site may be reproduced, modified, used in a derivative work, downloaded, disseminated, displayed, published, reposted or transferred in any form or by any means, except with the prior written permission of, and express attribution to, StayWell. Notwithstanding the foregoing, an authorized user may download, but may not make any other use or distribution of, a single copy of material on this site for the authorized user's own personal, non-commercial use only, provided that the authorized user does not remove any trademark, copyright or other notice from the material. HealthPath® and StayWell® are registered trademarks of The StayWell Company. Privacy---How StayWell Uses Your Information StayWell believes that the confidentiality between StayWell and the participant is the cornerstone of a program’s success and respects and protects the participant’s privacy as an authorized user of StayWell Online. Use of Information by StayWell StayWell collects personally identifiable information about you, including, but not limited to, your name, your employee or unique identification number, your date of birth, and your answers to the health assessment questions (your "Personal Information"). Your Personal Information is used by StayWell or by another service provider engaged by StayWell to provide health management services to you, which includes using the Personal Information to inform you of relevant health improvement programs offered by StayWell. Also, in the event that StayWell's services are transitioned to another service provider, StayWell may deliver your Personal Information to the successor provider in an effort to maintain a continuity of services for you. StayWell will never sell your Personal Information and will not otherwise use or disclose your Personal Information to any third party except in accordance with this statement, to the extent authorized by you, or to comply with applicable law or valid legal process. Sharing Information with the University The University of California ("UC") will never receive personally identifiable information about you from StayWell. UC will receive only de-identified information about the program as a whole. That de-identified or summary information will be used by UC for the purposes of reporting, research, and/or wellness program planning. Sharing Information with Your Health Plan or other Service Provider You have the option to decide whether or not to allow StayWell to share your Personal Information with your Health Plan. You can exercise this option by indicating your preference in the last question in the Health Assessment survey. If you agree to have your Personal Information (including the results of your Health Assessment) shared with your Health Plan, the Health Plan may reach out to you to make you aware of programs it offers that fit your situation. If you agree to have your Personal Information shared with your Health Plan, and UC contracts with separate vendor to provide disease management or related services in place of the Health Plan, your Personal Information may also be shared with that vendor. The same privacy requirements that apply to Personal Information shared with your Health Plan will apply to Personal Information shared with a separate vendor. UC requires its Health Plans to comply with required privacy and confidentiality agreements; your Personal Information is to be treated with the same confidentiality as your personal claim record and other private information held by your Health Plan. The Health Plans are not permitted to use this information to increase your coverage costs, limit your coverage, or restrict you from all the benefits and opportunities you would otherwise have, while you are with UC or even after you leave employment at UC. If you do not want StayWell to share your Personal Information with your Health Plan, simply indicate this in response to the final Health Assessment question and your data will not be shared. Your participation in the StayWell programs and your use of the online tools offered by StayWell is completely voluntary. At any time, you may opt not to provide StayWell with the requested Personal Information. If you opt not to provide certain Personal Information, you understand that you may not be able to use or access some of the StayWell programs and tools. Also, please be aware that withholding certain Personal Information may affect the ability of the program or tool to provide relevant information to you. Incentives and Research In order to distribute any program incentives to you, StayWell may provide your name and/or employee identification number to StayWell’s incentive vendor to notify them of the fact that you have completed the health assessment and are eligible for the incentive. StayWell may also use your Personal Information as part of group statistical research and analysis. UC and its agents may only use de-identified information as part of any research they may perform. Serious Threat to Health or Safety If you threaten to harm yourself in any way, including suicide, StayWell is authorized to disclose your Personal Information, including relevant protected health information, as it deems advisable. If you communicate a threat of violence against an identifiable potential victim(s), StayWell may communicate the threat to the potential victim(s) and/or law enforcement agency. Abuse or Neglect StayWell may disclose your Personal Information, and any other relevant protected health information, as it deems advisable to report suspected abuse or neglect of a child (born or unborn) or vulnerable adult to the appropriate authorities. Participant Rights You have the Right to be Treated with Respect As a participant, you have the right to be treated courteously and respectfully by StayWell and to receive services that (i) respect your privacy and dignity, (ii) assist you in the development of a wellness plan that helps you achieve your defined goals, and (iii) do not discriminate against you, regardless of you ethnicity, religion, disability, gender, age, marital status, or sexual orientation. No Marketing or Advertising StayWell does not accept any advertising on StayWell Online, and StayWell does not receive income from marketing sponsors or advertisers. Any mention of a particular service is not an endorsement, but rather mentioned to you so that you will be aware of programs for which you are eligible. Complaints, Questions, and Information about StayWell If you have questions about this Privacy Statement or complaints related to StayWell’s services, or if you would like to receive information about the StayWell organization or its staff qualifications, please contact: StayWell Health Management Attention: StayWell Operations Privacy Manager 3000 Ames Crossing Road, Suite 100 St. Paul, MN 55121 or call the StayWell toll-free number 1-800-721-2693 and ask to speak to the Operations Privacy Officer StayWell will use its best efforts to make an initial response to any complaints, questions, or requests for information within 72 hours of receiving such inquiry. StayWell will also use best efforts to keep the participant reasonably informed of the status of each request through weekly updates. Declining Participation or Disenrolling from a Program To decline participation in or to disenroll from any current programs offered by StayWell, please contact the StayWell Helpline at 1-800-721-2693. At any time, you may ask StayWell to cease further use of your email address to send you correspondence, and direct StayWell to delete any Personal Information you have supplied. Although it is not always possible to remove or modify such information, we will make reasonable efforts to do so. StayWell will reasonably comply with your request unless further communications are necessary for the administration of your account, are required by law, or are necessary to protect StayWell’s rights. Disclosure of Affiliations StayWell contracts with a variety of third parties to provide the services available on or through StayWell Online. Specifically, StayWell teams with specialized contractors to provide some of the services, programs, and content that appear on the StayWell Online site and/or which are included as part of StayWell’s programs. The services covered under your program plan are selected by your employer/program sponsor and determine which of StayWell’s contractors’ content or services you are able to view. When you register on StayWell’s site, we may share information with a contractor if your employer/program sponsor contracts for the services provided by that contractor. Please contact the StayWell Helpline at 1-800-721-2693 if you have any questions regarding a contractor providing your program services. StayWell welcomes your questions and comments pertaining to your privacy or any other issue with regard to the StayWell Online Site. Security Precautions In order to safeguard the privacy of the Personal Information transmitted to StayWell by its participants, StayWell has implemented the following security measures on this site: A confidential subscriber identifier and unique user password limit access to this site and the Personal Information of the users. Users of the StayWell Online site should not share their passwords with anyone. Whenever information is transmitted to or from StayWell's systems, it is encrypted using Secure Sockets Layer (SSL) technology, the standard for secure communication over the Internet. Personal Information is stored on StayWell's servers behind a computer firewall, which is a device that prevents unauthorized persons from accessing data on such servers. Users are responsible for the use of this site by their dependents. Dependents under the age of 18 should not use StayWell Online, as this site is not designed for use by minors. All users should informed themselves about the safe and responsible use of their information on the Internet. Legal Notice and Disclaimer The information provided on this site is presented by StayWell for informational purposes only. This site does not provide, and is not a replacement for, professional medical advice, evaluation, diagnosis or treatment. Users should visit their physician or other health care provider for those services. While StayWell makes every effort to present accurate and reliable information on this site, StayWell does not guarantee the accuracy, completeness, efficacy or timeliness of such information. Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness. Reliance upon any of the information on this site is at the user's sole risk. Any reference on this site to any specific commercial product, process or service by trade name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, approval, recommendation or certification by StayWell. In addition, while StayWell has, in accordance with current industry standards, employed methods to maintain the security of the site, it cannot be responsible for the actions of computer hackers or other unauthorized access to the site. STAYWELL AND ITS PARENT, PARTNERS, SUBSIDIARIES, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS AND AFFILIATES (COLLECTIVELY, "AFFILIATES") ASSUME NO RESPONSIBILITY FOR, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR, ANY CONSEQUENCES RESULTING FROM THE USE OF THE INFORMATION ON THIS SITE (OR FROM THE USE OF ANY INFORMATION OBTAINED FROM LINKED OR REFERENCED SITES). STAYWELL AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR, DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES) ARISING OUT OF ANY USE, REFERENCE TO, OR RELIANCE ON SUCH INFORMATION. NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY STAYWELL OR ITS AFFILIATES WITH RESPECT TO SUCH INFORMATION, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ANY LIABILITY OF STAYWELL OR ITS AFFILIATES ARISING IN CONNECTION WITH OR RELATING TO THE USE OF THIS SITE OR THE INFORMATION PROVIDED HEREIN SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO STAYWELL BY OR ON BEHALF OF THE USER IN CONNECTION WITH THIS SITE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. Links to Other Internet Sites At certain places on this site, users can access hypertext "links" to, or view Uniform Resource Locators (URLs) for, other Internet sites. Such external Internet sites contain information created, published, maintained or otherwise posted by institutions or organizations independent of StayWell. StayWell provides the links strictly as a convenience to its users. StayWell does not endorse, approve, recommend, certify or control these external sites and does not guarantee the accuracy, completeness, efficacy or timeliness of information located at such sites. Use of any information obtained from such sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness. StayWell assumes no responsibility in any respect for the information contained on such sites, including (but not limited to) any errors or omissions, the accuracy or reasonableness of any factual or scientific assumptions, studies or conclusions, the defamatory nature of any statements, the ownership of any copyright or other intellectual property rights, and the violation of any property, publicity, privacy or personal rights of others. Any reference on any such sites to any specific commercial product, process or service by trade name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, approval, recommendation or certification by StayWell. Use of Cookies StayWell uses passive tracking mechanisms called "cookies" to track the use of different features and areas of StayWell Online. These cookies are managed by the browser application on the user's computer, which stores the cookies on the computer's hard drive. StayWell does this so that it can improve the product and evaluate its success on an aggregate level. Depending on the browser in use, cookies are also used to manage page control subsequent to exceeding the 20-minute timeout feature detailed in the Security section. Cookies sent by StayWell Online can be deleted with little impact to functionality. Refer to the documentation supplied with the browser in use on the user's computer for instructions to do so. After Login To the extent that the user opts to provide information about his or her medical history, diseases, conditions, behaviors and goals, that information is identified with the StayWell Online user. This personal health information is stored on StayWell Online servers. Requesting E-mails Various tools in the post-login sections of StayWell Online offer the option of receiving e-mails. In no case are e-mails broadcast to users without their permission. Users opt to receive any e-mails and users can cancel e-mail delivery at any time by updating their profiles. Maintenance of Data The personal data that users submit when using various StayWell Online applications is maintained and backed up to tape weekly. Data remains in an off-site storage location for seven years. After such period of time, the backup tapes are destroyed. However, data may remain on the server for an infinite amount of time and would be erased only in the event of a hardware failure, policy change or discontinuance of service. Miscellaneous This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflicts of law provisions. Any cause of action with respect to this Agreement must be filed in the County of Ramsey, State of Minnesota, within one year after the cause of action has arisen, otherwise the cause of action shall be barred. Changes to the Privacy Statement In order for StayWell to remain flexible in its provision of services to you, StayWell reserves the right to make changes to this Privacy Statement as needed. Notice of changes to this Privacy Statement will be posted on the StayWell Online site and brought to your attention at the time of log-in or will be sent to you via e-mail. Continued use of the StayWell Online site after the posting of any modifications to this Privacy Statement will be subject to the new terms. If you reject the modifications, click on the "I Do Not Accept" button, and your access to the StayWell Online site will be terminated. Use of the StayWell websites constitutes your agreement with Terms of Use. Copyright ©2009 The StayWell Company. StayWell and StayWell Online are registered trademarks of The StayWell Company.

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13 January 2010