Terms
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Online Services Privacy Policy and Terms of Use
Privacy Policy
Introduction
We recognize that the privacy of your personal information is important. This Online Services Privacy Policy (“Privacy Policy or Policy”) describes our practices in connect with information we collect through online and mobile websites, platforms, services and applications that we own or operate and that contain a link to this Privacy Policy (collectively, “Online Services”). Some online services offered by us may be governed by a separate privacy policy.
This Policy does not apply to information collected through other means such as by telephone or in person, although that information may be protected by other privacy policies. As used in this policy, terms such as “we” or “our” and “Company” refer to Optum and its current and future affiliated entities, including our parent company UnitedHealth Group.
This online service is intended for a United States audience. Any information you provide, including any personal information, will be transferred to and processed by a computer server located within the United States. If you live outside the U.S., you may see information on this online service about products or therapies that are not available or authorized in your country.
Cookies and Tracking
The Company uses various technologies, which may include “cookie” technology, to gather information from our online service visitors such as pages visited and how often they are visited, and to enable certain features on this online service. “Cookies” are small text files that may be placed on your computer when you use an online service or click on a URL. Cookies may include “single-session cookies” which generally record information during only a single visit to a online service and then are erased, and “persistent” cookies, which are generally stored on a computer unless or until they are deleted or are set to expire.
You may disable cookies and similar items by adjusting your browser preferences at any time; however, this may limit your ability to take advantage of all the features on this online service. You may also manage the use of “flash” technologies, with the Flash management tools available at Adobe's online service. Note that we do not currently respond to web browser “Do Not Track” signals that provide a method to opt out of the collection of information about online activities over time and across third-party online services because, among other reasons, there is no common definition of such signals and no industry-accepted standards for how such signals should be interpreted.
We may also allow third party service providers to use cookies and other technologies to collect information and to track browsing activity over time and across third party online services such as web browsers used to read our online service, which websites are referring traffic or linking to our online service, and to deliver targeted advertisements to you. We do not control these third party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third party advertising networks and similar entities that use these technologies, see http://www.aboutads.info/consumers, and to opt-out of such ad networks’ and services’ advertising practices, go to www.aboutads.info/choices. Once you click the link, you may choose to opt-out of such advertising from all participating advertising companies or only advertising provided by specific advertising companies.
We may use analytics companies to gather information and aggregate data from our online service visitors such as which pages are visited and how often they are visited, and to enable certain features on our online service. Information is captured using various technologies and may include cookies.
We may use and disclose your activity information unless restricted by this Policy or by law. Some examples of the ways we use your activity information include:
- Customizing your experience on the online service including managing and recording your preferences.
- Marketing, product development, and research purposes.
- Tracking resources and data accessed on the online service.
- Developing reports regarding online service usage, activity, and statistics.
- Assisting users experiencing online service problems.
- Enabling certain functions and tools on this online service.
- Tracking paths of visitors to this online service and within this online service.
Your Personal Information
This online service may include web pages that give you the opportunity to provide us with personal information about yourself. You do not have to provide us with personal information if you do not want to; however, that may limit your ability to use certain functions of this online service or to request certain services or information.
We may use personal information for a number of purposes such as:
- To respond to an email or particular request from you.
- To personalize the online service for you.
- To process an application as requested by you.
- To administer surveys and promotions.
- To provide you with information that we believe may be useful to you, such as information about health products or services provided by us or other businesses.
- To perform analytics and to improve our products, online services, and advertising.
- To comply with applicable laws, regulations, and legal process.
- To protect someone's health, safety, or welfare.
- To protect our rights, the rights of affiliates or related third parties, or take appropriate legal action, such as to enforce our Terms of Use.
- To keep a record of our transactions and communications.
- As otherwise necessary or useful for us to conduct our business, so long as such use is permitted by law.
We may use personal information to contact you through any contact information you provide through this online service, including any email address, telephone number, cell phone number, text message number, or fax number. Please see the section below titled “Our Online Communications Practices.”
We may also share personal information within the Company, and we may combine personal information that you provide us through this online service with other information we have received from you, whether online or offline, or from other sources such as from our vendors. For example, if you have purchased a product or service from us, we may combine personal information you provide through this online service with information regarding your receipt of the product or service.
Sharing Personal Information
We will only share your personal information with third parties as outlined in this Policy and as otherwise permitted by law.
We may share personal information if all or part of the Company is sold, merged, dissolved, acquired, or in a similar transaction.
We may share personal information in response to a court order, subpoena, search warrant, law or regulation. We may cooperate with law enforcement authorities in investigating and prosecuting activities that are illegal, violate our rules, or may be harmful to other visitors.
If you submit information or a posting to a chat room, bulletin board, or similar “chat” related portion of this online service, the information you submit along with your screen name will be visible to all visitors, and such visitors may share with others. Therefore, please be thoughtful in what you write and understand that this information may become public.
We may also share personal information with other third party companies that we collaborate with or hire to perform services on our behalf. For example, we may hire a company to help us send and manage email, and we might provide the company with your email address and certain other information in order for them to send you an email message on our behalf. Similarly, we may hire companies to host or operate some of our online services and related computers and software applications.
This online service may permit you to view your visitor profile and related personal information and to request changes to such information. If this function is available, we will include a link on this online service with a heading such as “My Profile” or similar words. Clicking on the link will take you to a page through which you may review your visitor profile and related personal information.
Online service and Information Security
We maintain reasonable administrative, technical and physical safeguards designed to protect the information that you provide on this online service. However, no security system is impenetrable and we cannot guarantee the security of our online service, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the Internet, and we are not liable for the illegal acts of third parties such as criminal hackers.
Our Online Communication Practices
We may send electronic newsletters, notification of account status, and other communications, such as marketing communications, on a periodic basis to various individuals and organizations. We may also send email communications regarding topics such as general health benefits, online service updates, health conditions, and general health topics. We offer you appropriate consent mechanisms, such as opt-out, for marketing and certain other communications. As examples, you may opt-out as provided for in a specific email communication or contact us as described below in the section “Contact Us.” Please be aware that opt-outs may not apply to certain types of communications, such as account status, online service updates, or other communications.
Information for Children Under 13
We will not intentionally collect any personal information from children under the age of 13 through this online service without receiving parental consent. If you think that we have collected personal information from a child under the age of 13 through this online service, please contact us.
Changes to this Online Service Privacy Policy
We may change this Policy. If we do so, such change will appear on this page of our online service. We will also provide appropriate notice and choices to you, on this online service and in other appropriate locations, based on the scope and extent of changes. You may always visit this Policy to learn of any updates.
When this Privacy Policy Applies
Our Policy applies to Online Services that we own or operate and that contain a link to this Privacy Policy. Our Policy does not apply to information collected through other means such as by telephone, via mobile application that do not link to this Privacy Policy, or in person, although that information may be protected by other privacy policies.
Our Policy does not apply to the practices of other companies or other websites or software applications that may be linked from or made available through our Online Services. Some online services offered by us may be governed by a separate privacy policy.
The inclusion of a link on our Online Services or the ability to utilize a third party website or software application through our Online Services does not imply that we endorse, or otherwise monitor the privacy or security practices of that third party website or software application or the accuracy of its content and your use of the third party website or software application is governed by the third party’s privacy policy.
Some of our products and services may have specific privacy practices (“Product Privacy Notices”) such as a HIPAA Notice of Privacy Practices or other specific privacy practices that we want you to be aware. When a Product Privacy Notice exists, the content of the Product Privacy Notice applies to your use of the product and service.
Social Security Number Protection Policy: Protecting personal information is important to Optum. It is our policy to protect the confidentiality of Social Security numbers ("SSNs”) that we receive or collect in the course of business. We secure the confidentiality of SSNs through various means, including physical, technical, and administrative safeguards that are designed to protect against unauthorized access. It is our policy to limit access to SSNs to that which is lawful, and to prohibit unlawful disclosure of SSNs.
Terms of Use
IMPORTANT NOTE REGARDING ONLINE SERVICE CONTENT
The information and content (collectively, “Content”) on this online service is for your general educational information only. The Content cannot, and is not intended to, replace the relationship that you have with your health care professionals. The Content on this online service should not be considered medical advice and is not intended as medical advice. If you are experiencing a medical emergency, you should not rely on any information on this online service and should seek appropriate emergency medical assistance, such as calling “911”. You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the Content on this online service represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. Health information changes quickly. Therefore, you should always confirm information with your health care professionals.
The Content may include information regarding therapeutic and generic alternatives for certain prescription drugs, and may describe uses for products or therapies that have not been approved by the Food and Drug Administration. This Content is for informational, cost-comparison purposes only. It is not medical advice and does not replace consultation with a doctor, pharmacist or other health care professional. Talk to your health care provider to determine if an alternative prescription drug is right for you.
Agreement and Terms
These online service Terms of Use (“Terms”) describe the rules for using this online service. These Terms constitute a legally binding agreement between you, the person using this online service, and Optum. If you are helping another person use this online service, these Terms constitute a legally binding agreement between both the helper and the person being helped and Optum.
By using this online service, you agree to the most-recent Terms as well as the most-recent version of our Privacy Policy. We may change these Terms at any time, and such changes will be posted on this or a similar page of this online service. It is your responsibility to review these Terms each time you use this online service. By continuing to use this online service, you consent to any changes to our Terms.
By using this online service, you acknowledge and agree that any activity on this online service is subject to monitoring by the Company at any time, and that the Company may use the results of such monitoring without limitation, subject to applicable law.
If you enter into any other agreement with the Company, for example regarding health plan coverage, then these Terms are in addition to the terms of such other agreement. Neither entering into this agreement, nor visiting this online service, nor any of these Terms, guarantees that you are eligible to receive coverage under any plan offered through this online service or otherwise.
License to use this online service and content ownership
Subject to these Terms, the Company grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content on the online service for the sole purpose of collecting information regarding our plan and related activities such as, if permitted on this online service, applying for a plan. You may also print a reasonable number of copies of the Content for your personal use, but in such case you must reproduce all proprietary copyright and trademark notices. All rights, title and interest in and to the online service, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with the Company and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the online service, granting the foregoing licenses or entering into this Agreement.
In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policies) and nonproprietary. You hereby grant the Company a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.
Some online services operated by the Company include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.
We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license you must stop using this online service, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.
Restrictions on use of this online service
You agree:
- not to use this online service or Content in any way not explicitly permitted by these Terms or the text of the online service itself;
- not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use, provided that you reproduce all proprietary copyright and trademark notices;
- not to misrepresent your identity or provide us with any false information in any information-collection portion of this online service, such as a registration or application page;
- not to take any action intended to interfere with the operation of this online service;
- not to access or attempt to access any portion of this online service to which you have not been explicitly granted access;
- not to share any password assigned to or created by you with any third parties or use any password granted to or created by a third party;
- not to directly or indirectly authorize anyone else to take actions prohibited in this section;
- to comply with all applicable laws and regulations while using this online service or the Content. You represent and warrant that you are at least 13 years of age, and that if you are between 13 and 18 years of age a parent and/or guardian agrees to these Terms of Use on your behalf.
Posting messages, comments or content
Certain portions of this online service may be configured to permit users to post messages, comments, or other content. Any such content is only the opinion of the poster, is no substitute for your own research, and should not be relied upon for any purpose. You agree not to post any content:
- which is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or
- the transmission of which could violate, or facilitate the violation of, any applicable law, regulation, or intellectual property rights.
You are solely responsible for the content of any postings you submit and the Company assumes no responsibility or liability for any content submitted by you or any other online service visitor. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these Terms or is otherwise harmful to us, our customers, or any third party. We reserve the right to remove the content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of the Company.
Any content you submit is for non-commercial use only. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit. Never assume that you are anonymous and cannot be identified by your posts.
If you do post content or submit material, and unless we indicate otherwise, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and any of its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify the Company or its affiliates for all claims resulting from content you supply.
Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on this online service infringes a copyright owned by you, you (or your agent) may send the Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to: DMCARegisteredAgent2@optum.com; or, alternatively to: UnitedHealth Group, Attn: DMCA Registered Agent, 9900 Bren Road East, Minnetonka, MN 55343.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the online service should be sent to the address above.
Changes to online service content
We may change, add or remove some or all of the Content on this online service at any time. In addition, please note that although our goal is to provide accurate information, certain features that may be offered through this online service, such as participating healthcare providers, pricing information or other Content, may not be accurate or up to date. In addition, please note that features of any plan or plans described in this online service may change over time as permitted by law, including benefit levels, items included in any formulary, pricing or lists of participating providers or other associated vendors.
Links
While visiting this online service you may click on a link to other online services and leave this online service. We provide links to other online services that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of linked online services operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party online services.
NO WARRANTIES
ALL CONTENT ON THIS ONLINE SERVICE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. THE COMPANY, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS ONLINE SERVICE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS ONLINE SERVICE (COLLECTIVELY, “ONLINE SERVICE-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE ONLINE SERVICE-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS ONLINE SERVICE. WITHOUT LIMITING THE FOREGOING, THE ONLINE SERVICE-RELATED-PARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION REGARDING PARTICULAR PLAN BENEFITS OR SCOPE OF COVERAGE IS ACCURATE OR COMPLETE. THE ONLINE SERVICE-RELATED-PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS ONLINE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS ONLINE SERVICE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS ONLINE SERVICE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
LIMITATION OF LIABILITY
YOU AGREE THAT NONE OF THE ONLINE SERVICE-RELATED-PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS ONLINE SERVICE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE ONLINE SERVICE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE ONLINE SERVICE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE ONLINE SERVICE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE ONLINE SERVICE OR CONTENT ARE EXCLUDED EVEN IF THE ONLINE SERVICE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS ONLINE SERVICE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS ONLINE SERVICE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE SERVICE.
Governing law and statute of limitations
The laws of the State of Minnesota govern these Terms and any cause of action arising under or relating to your use of the online service, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with the Company, or in any way relating to your use of this online service, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Company or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this online service, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.
Additional terms
Your obligations under the following sections survive termination of this Agreement: Important Note Regarding Online service Content; Agreement and Terms; portions of License to use this online service and content ownership; Restrictions on use of this online service; Posting messages, comments or content; Copyright Infringement – DMCA Notice; Changes to online service content; Links; NO WARRANTIES; LIMITATION OF LIABILITY; Governing law and statute of limitations; Additional terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend and indemnify, Online service-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of this Agreement or your use or misuse of the Content or online service. You may not transfer or assign any rights or obligations under this Agreement. The Company may transfer or assign its rights and obligations under this Agreement.
Contact Us
To contact us regarding the Terms of Use or the operation of the online service itself, contact us at advisor@optum.com.
To contact us regarding this privacy Policy and our related privacy practices, please email or write to us at: privacy@optum.com or Optum Privacy Office, MN101-E013, 11000 Optum Circle, Eden Prairie, MN 55344. If you believe we or any company associated with us has misused any of your information please contact us immediately and report such misuse.
Effective Date
The effective date of these Terms and this privacy policy is December 1st, 2016.
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