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At IncentOne (“IncentOne”), we respect the privacy of everyone who visits our Web site and are dedicated to protecting consumer privacy on the Internet. The information below is an overview of how IncentOne handles the personal information you provide us online at www.incentone.com. Personal information is data that identifies you, such as your name, policy number, contact information, health history and so on. We may need to change this online privacy statement from time to time in order to address new issues relating to our Web site - please check this policy regularly.
Health information and the Notice of Privacy Practices
This online privacy statement describes how IncentOne handles personal information that you provide to us when visiting this Web site. In addition, federal law requires IncentOne to publish a Member’s Privacy Notice, which describes how we handle your personal health information collected both online and offline. You may wish to consult both this online privacy statement and the Member’s Privacy Notice to learn how we process your personal health information as well as what rights you have concerning such information.
How we handle your information
We do not use or disclose the personal information you give us online unless it is required or permitted under the federal and state laws that apply to IncentOne. These laws closely regulate how IncentOne may handle your information. Under these laws, we are permitted to use and disclose your personal information to support the services provided on this Web site, as well as our offline business functions. We also may disclose your personal information to our agents or business associates who perform various functions on our behalf, but we require these third parties to agree in writing to safeguard your information appropriately. In addition, we do not sell or rent your personal information to third parties.
We will disclose information to government officials or others if we are legally required to do so. In addition, certain statutory authorizations allow us to disclose personal information in emergency situations or to protect our rights and property.
We may use the personal information you submit to our Web site to create aggregated, anonymous data, which we will use to tailor our site to your interests, develop new features, and monitor the usage of our site. We may perform statistical analyses of these aggregate data and disclose the results as permitted by law.
Cookies
IncentOne uses “cookie” technology to improve your experience on our site. Cookies are small pieces of data that we place in your computer’s browser to store your preferences. Cookies themselves do not generate personal information about you and we do not attempt to link cookie data to your personal information. We use cookies only to make your experience on this Web site more enjoyable.
Security
IncentOne has taken steps to protect information collected from our online visitors against unauthorized access and use. All online forms that include information captured from our users are secured using a Secured Socket Layer (SSL), which encrypts the information as it travels from the desktop to our server. IncentOne is committed to ensuring transaction security and privacy. IncentOne obtains certification from industry-recognized security vendors to ensure that our systems meet security standards. As an additional security measure, IncentOne uses a firewall to prevent unauthorized access to our site. Site personnel monitor activity logs at regular intervals to look for unauthorized intrusions.
For your protection, please do not send e-mail to us that contain your personal health information. We cannot guarantee the security of these e-mails before they reach us, in contrast to the security precautions in place when you send us personal information via an online form on this Web site.
Links to third party Web sites
IncentOne may have provided links and pointers to Internet sites maintained by third parties (“third party sites”) and may from time to time provide third party materials on this site. These sites are independently owned and operated by third parties, who have their own privacy practices. The third party materials in this site and the third party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, IncentOne disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness. IncentOne does not warrant or make any representations regarding the use or the results of the use of the third party materials in the third party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
Children’s information
Although parents are free to use this Web site on behalf of their children, IncentOne does not direct this site to children or knowingly collect personal information from children. IncentOne would be pleased to work with parents and guardians to delete from our records personal information that a child may have disclosed improperly on this site.
Change in our corporate status
We may disclose, transfer or sell the personal information collected through our Web site as an asset of the company in conjunction with due diligence for or completion of a merger, reorganization or sale to a third party of our company or a major portion of its assets. Although we do not currently anticipate such an event, changes to our privacy policy might result.
Contact us
We are sincerely committed to protecting your personal privacy. While information is the cornerstone of our ability to provide superior service, our most important asset is our members’ trust. Keeping member information secure and using it in a responsible manner is a top priority for IncentOne.
Privacy policy changes:
This Web Privacy Policy is effective June 7, 2007. IncentOne may change this statement at any time without notice.
Terms of Use
Initial notice
Thank you for visiting our Web site. This site is owned and operated by IncentOne (hereinafter “IncentOne”). Please read carefully the following legal agreement before using this Web site. By using this Web site, you signify your assent to these terms of use. If you do not agree to these terms of use, please disconnect from and do not use this Web site. IncentOne reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this Web site following any such changes shall constitute the User’s acceptance of such changes.
Permitted use
You (“you” or the “User”) have a nonexclusive, nontransferable, limited and revocable right to use the Web site solely for your personal educational, informational and entertainment use, subject to the terms and restrictions herein contained. User will not use the Web Site for any other purpose, including any commercial purpose, without the Company’s express prior written consent. User agrees to cooperate with IncentOne in causing any unauthorized use to immediately cease.
List of restrictions
Neither the Web site nor any element thereof, including, without limitation, text, graphics, images or other materials, may be copied, repurposed, uploaded, posted, transmitted or redistributed. However, you may download one copy of such materials to your individual computer solely for your personal, non-commercial use only, provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification or obfuscation. You may not modify or prepare derivative works based upon the Web site, or any element thereof, and you may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise attempt to access the source code to any software downloaded from the Web site. It is a condition of your use of this Web site that you do not restrict or inhibit any other user from using this Web site.
Reservation of rights
All rights, titles and interests in and to this Web site are owned by IncentOne. All trademarks, service marks and trade names are also proprietary to IncentOne.
WARRANTY DISCLAIMER
THE WEB SITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. INCENTONE MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR SUITABILITY OF THE CONTENT CONTAINED ON THE WEB SITE. INCENTONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. INCENTONE DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE OR PERFORM IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEB SITE OR HOST SERVER WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. INCENTONE MAKES NO WARRANTIES THAT THE INFORMATION PRESENTED ON THE WEB SITE IS CURRENT, UP-TO-DATE OR ACCURATE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIABILITY LIMITATION
UNDER NO CIRCUMSTANCES AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL INCENTONE OR ANY OF ITS RELATED OR AFFILIATED COMPANIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, COMPUTER FAILURE OR MALFUNCTIONING, OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT INCENTONE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USER. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THE WEB SITE. IF YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS WEB SITE USAGE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
Links to third parties’ Web sites
IncentOne may have provided links and pointers to Internet sites maintained by third parties (“third party sites”) and may from time to time provide third party materials on this site. Neither IncentOne nor its related, affiliated companies operate or control in any respect any information, products or services on these third party sites. The third party materials in this site and the third party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, IncentOne disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness. IncentOne does not warrant or make any representations regarding the use or the results of the use of the third party materials in the third party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
Jurisdiction Except as described otherwise, all materials in the IncentOne site are made available only to provide information about IncentOne. IncentOne controls and operates this site from its headquarters in New Jersey, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws.
General terms and conditions
This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement shall be deemed to have been made in the State of New Jersey, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the laws of the State of New Jersey, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Hudson, New Jersey, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the New Jersey courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and IncentOne as a result of this Agreement or use of this Web site. User agrees not to hold himself or herself out as a representative, agent or employee of IncentOne and IncentOne shall not be liable for any representation, act or omission of the User.
IncentOne’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of IncentOne’s right to comply with law enforcement requests or requirements relating to the User’s use of this Web site or information provided to or gathered by IncentOne with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between the User and IncentOne with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and IncentOne with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Indemnification
As a condition of use of this Web site, the User agrees to indemnify IncentOne, its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys’ fees) and damages arising out of legal claims resulting from User’s use of this Web site, including, without limitation, any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
HIPAA
Notice of Privacy Practices
This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully. The privacy of your medical information is important to us.
Our responsibilities
IncentOne is committed to protecting the privacy of the medical information and other personal information we keep regarding participants in our incentive programs. We call this information protected health information or “PHI” throughout this notice. We are required by law to maintain the privacy of your Protected Health Information. We are also required to give you this notice about our privacy practices, our legal duties, and your rights concerning your PHI. We must follow the privacy practices that are described in this notice while it is in effect. This notice will remain in place until we replace it.
IncentOne generally receives a limited amount of PHI in connection with administering your incentive program and uses that information solely for the administration of such program. Nonetheless, IncentOne adheres to the following policies in connection with your PHI.
We reserve the right to change this notice and our privacy practices at any time. We also reserve the right to make the changes in our privacy practices and the new notice effective for all PHI that we already have about you as well as for PHI that we may receive in the future. Before we make a material change in our privacy practices, we will update this notice and send the new notice to our health plan subscribers within 60 days of the time we make the change.
You may request a copy of this notice at any time by calling the customer service number associated with your incentive program or writing to us at IncentOne, 160 Chubb Street, Lyndhurst, NJ 07071. You may also obtain a copy from our Web site, www.incentone.com.
How we use and disclose your protected health information
We may use and disclose your protected health information as permitted by federal and state privacy laws and regulations. We have described below how we are most likely to use and disclose your protected health information under these laws and regulations. Generally, we will only use and disclose your PHI as authorized by you or as permitted or required by law. If you cease to be a participant, we will no longer disclose your PHI, except as permitted or required by law.
The federal health care privacy regulations known as “HIPAA” generally do not take precedence over state or other applicable privacy laws that provide individuals greater privacy protections. As a result, when a state law requires us to impose stricter standards to protect your health information, we will follow the state law rather than the HIPAA Privacy Regulations. For example, where such laws have been enacted, we will follow more stringent state privacy laws that relate to uses and disclosures of the protected health information concerning HIV or AIDS, mental health, substance abuse/chemical dependency, genetic testing or reproductive rights.
We may use and disclose your PHI for the following purposes:
Health care operations. We may use and disclose your PHI to support our business functions. These functions include, but are not limited to: incentive administration, issuance and redemption of incentive values, customer service, billing, incentive site management, quality assessment and improvement, and population-based research to improve health or reduce health care costs, compliance and auditing activities, information systems management, and general business management and general administrative activities, including activities relating to privacy, customer service and resolution of grievances, business planning and business development. For example, we may use or disclose your PHI: (i) to inform you about one of our incentive programs; (ii) to respond to a customer service inquiry from you; (iii) in connection with fraud and abuse investigations and compliance programs; or (iv) to survey you concerning how effectively we are providing services. We may also disclose your PHI to non-affiliated third parties where allowed by law and as necessary to help us fulfill our obligations to you.
Your authorization. You may give us written authorization to use or disclose your PHI for any purpose. If you give us an authorization, you may revoke it at any time by giving us written notice. Your revocation will not affect any use or disclosures permitted by your authorization while it is in effect. Without your authorization, we may not use or disclose your PHI for any reason except as described in this notice.
Your family and friends. We may disclose PHI to a family participant, a friend or other persons whom you indicate are involved in your incentive program. We may use or disclose your name, location and general condition or death to notify or help with notification of a family participant, your personal representative, or other persons involved in your situation. If you are incapacitated or in an emergency, we may disclose your PHI to these persons if we determine that the disclosure is in your best interest. If you are present, we will give you the opportunity to object before we disclose your PHI to these persons.
Your health care provider. We may use and disclose your PHI to assist health care providers in connection with their treatment or payment activities.
Underwriting. We may receive your PHI for underwriting, premium rating or other activities relating to the creation, renewal or replacement of a contract of health insurance or health benefits. We will not use or further disclose this PHI for any other purpose, except as required by law, unless the contract of health insurance or health benefits is placed with us. If the contract is placed with us, we will only use or disclose your PHI as described in this notice.
Business associates. We may contract with individuals and entities called business associates to perform various functions on our behalf or to provide services to you. To perform these functions or services, business associates may receive, create, maintain, use or disclose your PHI, but only after the business associate has agreed in writing to safeguard your PHI. For example, we may disclose your PHI to a business associate who will administer your health plan’s prescription benefits, or perform preenrollment medical screenings.
Required by law and law enforcement. We may use or disclose your PHI when we are required to do so by state or federal law. We are required to disclose your PHI to the Secretary of the U.S. Department of Health and Human Services when the Secretary is investigating or determining our compliance with federal privacy laws. We may disclose your PHI in connection with legal proceedings such as in response to an order from a court or administrative tribunal, or in response to a subpoena. We may also disclose your PHI for law enforcement purposes.
Abuse or neglect. We may disclose your PHI to a government authority that is authorized by law to receive reports of abuse, neglect or domestic violence.
Workers’ compensation. We may disclose your PHI to comply with workers’ compensation laws and other similar laws that provide benefits for work-related injuries or illnesses.
Public health and safety, health oversight activities. We may use or disclose your PHI for public health activities for the purpose of preventing or controlling disease, injury or disability. We may also disclose your PHI to a health oversight agency for activities authorized by law such as audits, investigations, inspections, licensure or disciplinary actions.
Research. We may disclose your PHI to researchers when an institutional review board or privacy board has reviewed the research proposal and established protocols to protect the privacy of your PHI. We may also make limited disclosures of your PHI for actuarial studies.
Marketing. We may use your PHI to contact you with information about our health-related products and services, product enhancements or upgrades, or about treatment alternatives that may be of interest to you.
Employers or organization sponsoring a group health plan. We may disclose your PHI and the PHI of others enrolled in your group health plan to the employer or other organization that sponsors your group health plan. Please see your group health plan document for a full explanation of the limited uses and disclosures that the plan sponsor may make of your PHI in providing plan administration. We may also disclose summary information about the enrollees in your group health plan to the plan sponsor to use to obtain premium bids for the health insurance coverage offered through your group health plan or to decide whether to modify, amend or terminate your group health plan.
Death and organ donation. We may disclose the PHI of a deceased person to a coroner, medical examiner, funeral director, or organ procurement organization to assist them in performing their duties.
Military activity, national security, protective services. If you are or were in the armed forces, we may disclose your PHI to military command authorities. We may also disclose your PHI to authorized federal officials for conducting national security and intelligence activities, and for the protection of the President of the United States, other federal officials or foreign heads of state.
Correctional institutions. If you are an inmate, we may disclose your PHI to a correctional institution or law enforcement official for: (i) providing health care to you; (ii) your health and safety and the health and safety of others, or (iii) the safety and security of the correctional institution.
Information we collect about you
In the normal course of our operations, we may collect information from: (i) You (through information you give us on your applications or on other forms, through telephone or in-person interviews with you, and through information you provide to an insurance agent or your employer such as your address, telephone number, or your health status, or other types of insurance coverage you have; (ii) Your Transactions with us, such as your incentive activities; (iii) Other Insurance Companies that currently insure you or that have insured you in the past, such as your activities and various claims history; (iv) Your Employer, such as information your employer receives from you for purposes of issuing incentives; or (v) Your Health Care Providers who currently treat you or have treated you in the past, such as information about your health status and associated incentive earning activities.
Our policies for protecting your protected health information
We protect the PHI that we maintain about you by using physical, electronic, and administrative safeguards that meet or exceed applicable law. When our business activities require us to provide PHI to third parties, they must agree to follow appropriate standards of security and confidentiality regarding the PHI provided. Access to your PHI is also restricted to appropriate business purposes.
We have developed privacy policies to protect your PHI. All employees receive training on these policies and they must sign a privacy acknowledgment form, binding them to abide by our policies and procedures.
In addition to these safeguards, we have developed a variety of other protections, including: (i) using only aggregate or non-identifiable information for research or quality measurement purposes whenever possible; (ii) using confidentiality provisions in our contracts with third parties to protect the confidentiality of your personal information and restrict use and disclosure of this information. (iii) restricting access to personal information through internal procedures and pass code access to computer systems; and (iv) restricting access to personal information by physical security measures in certain areas of our business operations, including employee badges, and restricted business areas.
Your rights
The following is a list of your rights with respect to your PHI.
Right to access, inspect and copy your PHI.
You have the right to see or get a copy of the PHI that we maintain about you. Your request must be in writing. You may visit our office to look at the PHI, or you may ask us to mail it to you. We will charge a reasonable fee to cover the cost of copying the information. We will contact you to review the fee and obtain your agreement to pay the charges. If you wish to access your PHI, please contact us and request an access to PHI form.
Right to correct, amend or delete your PHI. You have the right to ask us to correct, amend or delete your PHI. Your request must be in writing. We are not required to agree to make the correction, amendment or deletion. For example, we will not generally make a correction, amendment or deletion if we did not create the PHI or if we believe that the PHI is correct. If we deny your request, we will provide you a written explanation. You have the right to file a statement explaining why you disagree with our decision and setting forth what you believe is the correct, relevant and fair information. We will file the statement with your PHI and we will provide it to anyone who receives any future disclosures of your PHI. If we accept your request to correct, amend or delete your PHI, we will make reasonable efforts to inform others, including people you name, of the amendment and include the changes in any future disclosures of your PHI. If you wish to correct or amend your PHI, please contact us and request an amendment of PHI form.
Right to request an accounting of disclosures. You have a right to receive a list of certain instances in which we or our business associates disclosed your PHI for purposes other than our treatment, payment or health care operations and certain other activities. You are entitled to this accounting of disclosures for the six years prior to the date you make the request, but not for disclosures made before April 14, 2003. We will provide you with the date on which we made a disclosure, the name of the person or entity that received your PHI, a description of the PHI that we disclosed, the reason for the disclosure, and certain other information. If you request this list more than once in a 12-month period, we may charge you a reasonable fee for preparing the list. Your request must be in writing and you may call the number on the back of your identification card and request an accounting of disclosures form.
Right to request restrictions. You have the right to ask us to place additional restrictions on our use or disclosure of your PHI for our treatment, payment and health care operations. We are not required to agree to these restrictions. In most instances, we will not agree to these restrictions unless you have requested Confidential Communications as described below.
Right to confidential communications. If you believe that a disclosure of your PHI could endanger you, you may ask us to communicate with you confidentially at a different location. For example, you may ask us to contact you at your work address or other place instead of your home address. You may contact us to request a confidential communications form. Once we have received your confidential communications request, we will only communicate with you as directed on the confidential communications form, and we will also terminate any prior authorizations that you have filed with us.
Right to file a privacy complaint. You may complain to us if you believe that we have violated your privacy rights. You may also file a complaint with us by contacting the Chief Privacy Official, 160 Chubb Street, Lyndhurst, NJ 07071. You may also file a complaint with the Secretary of the U. S. Department of Health and Human Services in Washington, D.C. We will not take any action against you or in any other way retaliate against you for filing a complaint with the Secretary or with us.
Right to obtain a copy of this privacy notice. You have a right to request a copy of this notice at any time by calling the number on the back of your identification card or you may obtain a copy from our Web site. Even if you agreed to receive this notice electronically, you are still entitled to a paper copy of this notice.
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