Last Reviewed 7/1/2022
(If you are a CA resident, this statement includes your California Privacy Rights)
This website supports the EmpoweredDecisions! Virtual Physical Therapy program made available to the enrollees in health plans that include the program as a benefit. It is intended for use by those enrollees wishing to utilize the program. 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.
We have entered into agreements with your health plan or employer benefit plan sponsor that governs our use of Protected Health Information (defined below) for all aspects of the EmpoweredDecisions! Virtual Physical Therapy program, including this Website. 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 intended to provide further disclosures on how your information may be collected and used through this Website in conjunction with the Notice of Privacy Practices applicable to you through your health plan.
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 acknowledge the disclosures regarding 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:
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. ASH does not allow the third parties we use to support our program to sell your information. California residents may send requests for information-sharing disclosure under this law by emailing EmpoweredDecisions! at firstname.lastname@example.org 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 do 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 a third-party data aggregator that we use to facilitate the EmpoweredDecisions! Connected tool. After receiving the information from that third-party, we upload the information into your account on the 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 plan sponsor, 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). ASH’s use of your information, including your Protected Health Information, through this Website is permitted under the Business Associate Agreement in place between ASH and your health plan or employee benefit plan sponsor. In cases where ASH affiliates provide benefit management services to your Plan Sponsor, your Plan Sponsor may direct ASH to share your information, including your Protected Health Information, between our affiliates in order to coordinate your care with the EmpoweredDecisions! program. If you have questions about this treatment of your information, including 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 Messaging Center, a web-based communication feature, you may enter questions and comments to interact with your assigned Coach or Virtual Concierge. A history of your questions and comments will appear in the Messaging Center communication box. When your Coach or Virtual Concierge assigns you material to review or watch, these assignments will appear as Action Items. After you complete each Action Item, your completion will be noted in the Activity History section.
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 (“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.
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 or Virtual Concierge and to encourage you to stay on track by creating action plans and posting encouraging messages via the Messaging feature. If directed by your Plan Sponsor, ASH may share your Protected Health Information between our affiliates to further customize your action plans.
· 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 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.
We may provide your Personal Information to your health plan, benefit plan sponsor, your virtual physical therapy provider, 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 virtual physical therapy provider, 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.
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.
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.
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 “update” feature in the My 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.
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 email 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.
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) without the oversight of a parent or guardian. 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 disable the account and remove all information provided by such underage user from our database.
“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.
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 .
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.
The EmpoweredDecisions! Website is 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.
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.
Questions may be submitted online using EmpoweredDecisions! Website’s Contact Us page or at the following contact information:
EmpoweredDecisions! Customer Service
PO Box 509040
San Diego, CA 92150-9040
Privacy and Security Contact Information
ASH has a designated Privacy Officer and an Information Security Officer to oversee our privacy and security programs. You may direct questions about these programs to these individuals by either calling (877) 427-4766 or emailing HIPAA@ashn.com