Privacy Statement

 

EmpoweredDecisions! Privacy Statement

Effective 7/1/17

(If you are a CA resident, this statement includes your California Privacy Rights)

EmpoweredDecisions! aims to empower participants to improve their engagement and compliance with effective pain management. The EmpoweredDecisions! program website (the “ EmpoweredDecisions! Website ” or “ Website ”) is owned and operated by American Specialty Health Management, Inc., a subsidiary of American Specialty Health Incorporated (collectively, “ ASH ” “ our ” or “ we ”).  

ASH values its users (“ you ”) and respects your privacy. We are committed to using information responsibly. The information you provide to us through the EmpoweredDecisions! Website is governed by this Privacy Statement. This Privacy Statement informs users about the EmpoweredDecisions! information practices, including: what personal information we collect through the EmpoweredDecisions! Website ; how the personal information is collected; how the personal information will be used; and the choices you have about the collection and use of personal information.  

Please note that this Privacy Statement does not apply to any Protected Health Information that we may receive from your health plans and employer benefit plan sponsors. We have entered into agreements with your health plan or employer benefit plan sponsor that governs our use of Protected Health Information (defined below). If you have any questions about the treatment of your health-related information, you should check with your health plan or employer benefit plan sponsor.  

This Privacy Statement is incorporated into and made part of our Terms & Conditions , which govern your use of the EmpoweredDecisions! Website. By using the EmpoweredDecisions! Website, you accept and agree to our collection, processing and use of your information as described in this Privacy Statement and in the Terms & Conditions .

Please use the following links to easily navigate to the various sections of this Privacy Statement:

California Residents: Your California Privacy Rights.

What kind of information do we collect, and how is it collected?

How do we use the information collected on the EmpoweredDecisions! Website?

Under what circumstances do we share user information collected on EmpoweredDecisions! Website with third parties?

Can users opt out of collection of Personal Information on EmpoweredDecisions! Website?

Can users access, update, and delete their information collected on EmpoweredDecisions! Website?

How can users opt out of receiving certain communications from us?

How do we protect the privacy of minors?

How do we use cookies and other similar technologies on EmpoweredDecisions! Website?

How do we safeguard user information?

Note to international users.

What is EmpoweredDecisions! Website’s policy regarding links to other websites and services?

Changes to Privacy Statement

How to contact us for questions?  

California Residents: Your California Privacy Rights

Under California Civil Code Section 1798.83 (known as the “shine the light” law), California residents have a right to request an information-sharing disclosure from a business to which they have provided personal information and which has disclosed the information to any third party for third-party direct marketing uses in the prior calendar year.

ASH does not knowingly share your personal information with third parties for their direct marketing use without your permission. California residents may send requests for information-sharing disclosure under this law by emailing EmpoweredDecisions! at  service@empowered-decisions.com   with the subject line “California Privacy Rights” or by mail at  P.O. Box 509040, San Diego, CA 92150-9040.  Please note that, under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email address.

What kind of information d o we collect, and how is it collected?

When you use or interact with the EmpoweredDecisions! Website, we may collect “ Personal Information ,” which is any information that can be used to identify you. Personal Information may include, for example:

·         Demographic and Contact Information: When you register on the EmpoweredDecisions! Website and create an account (an “ EmpoweredDecisions! Account ”), we collect your first name, last name and date of birth.  If you use the Contact Us page of the Website to submit a comment, inquiry or request, we collect your name, phone number, e-mail address, and your comment or inquiry message.

·         Fitness Data: If you use the EmpoweredDecisions! Connected tool, we will collect and record your activity related information, such as steps taken in a day through your eligible enabled activity/ fitness device (a “ Fitness Device ”). When you use the Connected tool, your activity information will be transmitted from your Fitness Device by the Fitness Device manufacturer, to Validic (a third party data aggregator that we use to facilitate the EmpoweredDecisions! Connected tool).  After receiving the information from Validic, we upload the information into your member profile/account on EmpoweredDecisions! Website. By using the Connected tool, you allow us to receive this information from your Fitness Device.   

·         Protected Health Information : If you enroll in the EmpoweredDecisions! program through your health plan or employer, we may receive your Protected Health Information. “ Protected Health Information ” is personally identifiable health information that is protected by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“ HIPAA ”). Protected Health Information may include your diagnosis, medical procedure, and physician information (e.g., MRIs, prescription drug information and physician notes). As stated above, this Privacy Statement does not apply to your Protected Health Information. If you have questions about the treatment of your Protected Health Information, you should check with your health plan or employer benefits plan sponsor.

·         Personalized Website Experience Information: If you choose to use the “Inspiration” and other interactive web features, you may enter information as prompted, such as an inspirational message and personal motivators. The Website will capture the information you enter and display that information on your personalized web portal. 

·         Communications and Progress Information: If you choose to use the Coach Messaging Center, a web-based communication feature, you may enter questions and comments to interact with your assigned Coach.  A history of your questions and comments will appear in the Messaging Center communication box. When your Coach assigns you material to review or watch, these assignments will appear as Action Steps. After you complete each Action Step, your completion will be noted in the Action Step feature window.

If you choose not to provide your Personal Information, certain features of the EmpoweredDecisions! Website will not be available to you.

We may collect information about your use of the EmpoweredDecisions! Website, which cannot be used to identify you (“ Usage Information ”). Such information might include  your IP addresses, pages visited, content viewed, clicks and search queries made . For more information about how we collect this Usage Data please see the section on Cookies and Other Similar Technologies below.

How do we use information collected on EmpoweredDecisions! Website?

We use the information we collect from you in the following ways:

·         Create action plans for you. We will use your Personal Information to help create the appropriate action plans and focus areas for you, and to recommend program features that help you maximize your program experience. We will also use your Personal information to assign and communicate with your designated Coach and to encourage you to stay on track by creating action plans and posting encouraging messages via the Coach Messaging feature.

·         Process enrollment and facilitate participation: If you register on EmpoweredDecisions! Website, we will use your registration information to set up, administer, service, and communicate with you regarding your account. Registration on EmpoweredDecisions! Website is required for users to gain access to special tools and features of the Website. The information you submit will also help us to support and encourage your progress.

·         Communicate with you: We may use your information to communicate with you through our Coach Messaging Center, process and respond to your inquiries or to send you important administrative announcements, such as about changes to ASH, the EmpoweredDecisions! Website, or this Privacy Statement. We may also follow up with you on your requests that you make at the contact information you provide to us when making such requests.

·         Enhance your experience: We will use the information you submit to help you personalize your web portal, including by posting inspirational messages, tracking your progress, and saving your personal preferences for future visits. 

·         Improve our services : We may aggregate your information with other users’ information to understand how the EmpoweredDecisions! Website is being used, evaluate the efficacy of the program, and carry out other tasks relating to operation or improvement. This “ Aggregate Information ” is statistical data collected and pooled with all other participants enrolled in the program, and it cannot be used to identify you.

Under what circumstanc es do we share user information collected on EmpoweredDecisions! Website with third parties?

We may provide your Personal Information to your health plan, benefit plan sponsor, or other entities that have contracted with your health plan or plan sponsor to provide you with health-related services or to help administer your benefits. In certain limited situations, we may be required to provide your Personal Information to your health plan or plan sponsor in order to confirm your eligibility, conduct billing, and perform other operational tasks required to administer your benefits.

We may also share your Personal Information with third parties in the following circumstances:

·         With Vendors: We may share your Personal Information with our vendors as reasonably necessary to enable them to provide services and support for the operation and maintenance of the EmpoweredDecisions! Website and associated tools and features; 

·         For legal purposes, including: as reasonably necessary to comply with law or legal process (including a court or government order or subpoena); to detect, prevent, or otherwise address fraud, security or technical issues; to enforce this Privacy Statement and/or the Terms and Conditions for EmpoweredDecisions! Website; and to protect the rights, property or safety of ASH, our members and users, and/or the public.

·         During a corporate reorganization: If ASH is involved in a merger, acquisition, financing, or sale of business or assets, information collected from and about users may be transferred to one or more third parties involved in such transaction and, upon such transfer, the relevant third-party privacy policy or policies may govern further use of the information.  In the event of such a change, we will endeavor to notify our users of the change as well as any choices our users may have regarding the change.

In addition, we may share with select third parties (including, without limitation, our members’ health plans and plan sponsors) Aggregate Information regarding EmpoweredDecisions! Website members. This might include statistics about member demographics, interests, traffic, and usage patterns .  The information so shared will not include individually identifiable information.

Can users opt out of co llection of Personal Information on EmpoweredDecisions! Website?

No.  The functionality of EmpoweredDecisions! Website and associated tools and features requires that we collect and receive certain Personal Information from and about participants in the EmpoweredDecisions! program.  Accordingly, if you do not wish to have your Personal Information collected or received by us, you should not use EmpoweredDecisions! Website or participate in the EmpoweredDecisions! program.

Can users access, upd ate, and delete their information collected on EmpoweredDecisions! Website?

If you have an active EmpoweredDecisions! Account, you can log into your account to view your account/profile information (e.g., language preference, email address, phone number).  Members may update their account/profile information by using the “edit” feature in the Account Profile section.   

NOTE: Except as expressly otherwise stated in this Privacy Statement, and except where applicable law provides otherwise, member information ( including Personal Information ) collected on EmpoweredDecisions! Website cannot be deleted or removed from our database and will be retained in accordance with our record retention policy. User accounts, however, may be disabled upon written request, using the contact information provided at the end of this Privacy Statement.

How can users opt out of receiv ing certain communications from us?

If you have provided your email address, postal address, and/or telephone number to us, you may opt out of receiving marketing/promotional communications from us by  using the contact information provided  at the end of this Privacy Statement.  To stop receiving marketing/promotional communications via email, you can also use the “unsubscribe” link contained in a marketing/promotional email you have previously received from us.  Please note that e mail unsubscribe requests may not take effect immediately.

NOTE: Your opt-out regarding our marketing/promotional communications will not stop our communications of a transactional or member relation nature or as required by law . For example, we will still send you  communications regarding your EmpoweredDecisions! Account, your participation in the EmpoweredDecisions! program, your requests or inquiries, notices of material changes to EmpoweredDecisions! Website or our information practices, and other administrative notices .

How do we prote ct the privacy of minors?

We are concerned about the safety of children when they use the Internet. EmpoweredDecisions! Website is not intended for use by persons under the age of majority (e.g., under the age of 18 in California).   If we become aware that a user is under the age of 18 and has provided personal information to us without prior parental consent, we will remove all information provided by such underage user from our database.

How do we use cooki es and other similar technologies on EmpoweredDecisions! Website?

We use cookies on EmpoweredDecisions! Website to help us remember who you are, to enhance and personalize your experience, to understand and save your preferences for future visits, to compile group information about our users, and to carry out other tasks relating to the operation or improvement of EmpoweredDecisions! Website. For example, we use Google Analytics to collect information to improve the Website, such as how often users visit the Website, what pages they visit when they do so, and what other websites they used prior to visiting the EmpoweredDecisions! Website. Google Analytics places a cookie on your web browser so that it can identify you the next time you visit the Website, and the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Website is restricted by the  Google Analytics Terms of Use  and the  Google Privacy Policy . If you don’t want Google Analytics to be used in your browser, you can install the Google Analytics opt-out browser add-on which is available at  https://tools.google.com/dlpage/gaoptout .

Cookies ” are small text files that are placed on your hard disk by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

Most web browsers are initially set to accept cookies, but you can change your browser settings to notify you when you are sent a cookie, giving you the ability to accept or reject it, or you can choose to routinely and manually delete cookies stored on your computer or mobile device.  Each time you revisit the EmpoweredDecisions! Website, your ability to restrict our use of cookies on that service is subject to your browser settings and limitations at the time.  Please note that if you choose to disable or reject cookies from EmpoweredDecisions! Website, tools and features of EmpoweredDecisions! Website may become inaccessible or may not function properly. 

For more information on how to manage cookies, visit  http://www.aboutcookies.org/ .

To manage Adobe Local Shared Objects (also known as LSOs or Flash cookies), visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html .

We may also use “ web beacons ” (also known as “ clear GIFs ” and “ pixel tags ”) – which are small bits of code embedded in web pages or in emails – to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns.  We may include web beacons in emails to help us recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc.  Web beacons cannot be declined when delivered via a regular web page.  However, web beacons can be refused when delivered via email.  If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.

Some web browsers incorporate a "do-not-track" (“ DNT ”) or similar feature that signals to websites that a visitor does not want to have his/her online activity tracked.  If a website receives a DNT signal, the browser can block that website from collecting certain information about the browser’s user.  Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, we (along with many other website operators) do not currently respond to DNT signals.  For more information about DNT signals, visit  www.allaboutdnt.com .

How do we safegu ard user information?

In order to maintain the confidentiality of and safeguard the security of Personal Information, we have implemented company-wide policies regarding privacy, security, and confidentiality. Despite these measures, the confidentiality of your Personal Information cannot be guaranteed. We encourage you to take appropriate steps to protect your Personal Information, such as using a complex password when you register for the Program.

Note to inter natio nal users.

The EmpoweredDecisions! Website are intended for U.S. residents. If you are outside of the United States and access the EmpoweredDecisions! Website or submit your Personal Information to us, please be advised that U.S. law may not offer the same privacy protections as the law of your jurisdiction. By using the EmpoweredDecisions! Website or submitting your Personal Information to us, you consent to the transfer to and processing of your Personal Information in the United States.

What is EmpoweredDe cisions! Website’s policy regarding links to other websites and services?

For your convenience, EmpoweredDecisions! Website may provide links to third-party websites and online services not owned or controlled by or affiliated with us (each, a “ Linked Third-Party Website/Service ”).  L inking does not mean, and should not be deemed or construed to mean, that we endorse or approve or are affiliated with a Linked Third-Party Website/Service.  We are not responsible for the information privacy and security policies or practices of a Linked Third-Party Website/Service.  When you leave the EmpoweredDecisions! Website to visit a Linked Third-Party Website/Service, this Privacy Statement no longer applies, and any information collected from or about you by a Linked Third-Party Website/Service will be governed by that site/service’s privacy policies and practices, which may be substantially different from those of ours.  A Linked Third-Party Website/Service may set or use its own cookies, web beacons, etc. to your computer or mobile device, and may collect information from and about you and use the information in ways that we would not.  You access a Linked Third-Party Website/Service entirely at your own risk.  You should always read the privacy policy associated with a Linked Third-Party Website/Service before disclosing any personal information .

Changes to Privac y Statement

We reserve the right to make changes to this Privacy Statement at any time by posting the new policy on the EmpoweredDecisions! Website. Except where otherwise stated by applicable law, changes to this Privacy Statement will become effective when the new policy is posted on Website, and such posting will constitute our notice to you regarding the changes. By continuing to use the EmpoweredDecisions! Website following such posting, you accept and agree to be bound by the new policy.

If we make changes to this Privacy Statement that will materially change the way we collect or use your personal information, we will endeavor to notify you on the Website or through your EmpoweredDecisions! Account.

We encourage you to check the website regularly to see if we have made any modifications to this Privacy Statement.

How to contact u s for questions?

Questions may be submitted online using EmpoweredDecisions! Website’s Contact Us page or at the following contact information:

EmpoweredDecisions! Customer Service  
P.O. Box 509040  
San Diego, CA 92150-9040
Phone: 
1-877-405-2746
E-mail:  service@empowered-decisions.com