Employee Wellness Engagement Platform

Terms and Conditions

The following Terms and Conditions of Use (the “Terms”) constitute an agreement between you and Healthper USA, Inc. (“Healthper”), the operator of www.healthper.com (together with related websites owned and operated by Healthper, collectively and each separately, the “Site”). These Terms govern your use of the Site, and you understand and agree that by accessing or using the Site, you agree to be bound by these Terms. These Terms are preliminary, and Healthper reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms without notice. It is your responsibility to check Terms and Conditions of Use to inform yourself of any such changes. Your continued use of the Site will be deemed acceptance of the Terms as posted on the Site at the time of such use.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE. All of the content contained on or provided through the Site, such as text, graphics, images, information and other material (“Content”), is for informational purposes only and is not advice specific to your healthcare. Healthper does not engage in the practice of medicine. Healthper does not provide medical diagnoses or recommendations about the course of treatment for your particular circumstances, and does not recommend or endorse any specific services, procedures, tests or products referred to, or opinions or information that may be contained, in the Content for your particular circumstances. None of the Content is intended to be used as a substitute for medical advice, diagnoses or treatment, and the Content should never be used as a substitute for seeking medical advice from your own physician or healthcare provider. The Content is for your personal use only and will not be assessed or reviewed by Healthper in order to diagnose or treat any medical symptom or condition. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. Always seek the advice of your physician or qualified healthcare provider with any questions you may have regarding a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment, regardless of any information you obtain from the Site. Do not rely solely on the Content or on anything you have read or seen on the Site to make medical or treatment decisions. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR SEEN ON THE SITE.
Your Eligibility, Account and Access to the Site By accessing the Site or otherwise accepting these Terms, you represent and warrant to Healthper that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Terms. You also represent, warrant and covenant to Healthper that you will comply with all local, state, federal, and national laws, statutes, ordinances and regulations that apply to your use of the Site and the Content. You must provide accurate and complete registration information any time you register to use the Site. The privacy and security of our members' accounts is of paramount importance to Healthper. Healthper goes to great lengths to protect the confidentiality and the security of your account and urges you to do the same. You agree not to allow anyone to gain access to your account or to let anyone know your password. You must immediately notify Healthper of any unauthorized use of your password or account by e-mailing contact@healthper.com.You agree to assume responsibility for all transactions initiated through your account with your Healthper password, up to the limits allowed by applicable law. No Healthper representative will ever call and ask for your password. If you create, submit, post or otherwise display information while using the Site, you may provide only information that you own or have the right to use. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any information or material submitted, posted or displayed on or through the Site by you. You agree not to post or upload any information or other content that on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful or contains pornography. You shall not interfere with other members' use and enjoyment of the Site (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another member, including the use of expressions of bigotry, racism, hatred or profanity). You shall not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities or promote physical harm or injury against any group or individual.
Use of the Content. The Content is protected by all applicable intellectual property laws including without limitation Title 17 of the United States Code. The Content contains trademarks, service marks and registered trademarks of Healthper and its licensors. All rights and title to the Content, trademarks and service marks herein remain with Healthper or its licensors. Healthper gives you a personal, revocable, non-assignable and non-exclusive license to use the Site and to download (at your own risk) a single copy of the Content solely for your personal use, provided that you do not alter, obscure, or remove any copyright or trademark notice present in the Content. All rights not expressly granted herein are reserved to Healthper and its licensors, including third parties (which may include other members of the Site) that may provide Content. You may not reproduce, duplicate, copy, sell, trade, resell or exploit for commercial gain any portion of the Site or the Content. You may not access the Site other than by the interfaces provided by Healthper or interfere with or disrupt the proper operation of the Site. You may not circumvent or disable any security measure adopted by the Site (including, without limitation, making available any passwords [or access codes] issued to others.) You may not access or use the source code (other than human readable HTML code made available through the ordinary operation of commercial browsers) used to implement and operate the Site by any means, including, without limitation, reverse engineering such source code through reverse engineering, de-compilation or disassembly of executable code made accessible through the Site. Except as permitted by these Terms, you may not link to the Site.
Third Party Content, Services and Products and External LinksHealthper may make third-party content, services or products available through the Site. In order to use a specific service or product, you may choose to allow the third-party service provider to retrieve, provide and/or modify health and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your Healthper account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers may include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through, or otherwise accessing, such service. While Healthper reserves the right in its sole discretion to screen, modify, refuse, or remove certain content provided by third parties (including other members of the Site) from time to time, Healthper does not assume any obligation to do so and disclaims any liability for failing to take any such action. The advice, recommendations, information and conclusions posted or e-mailed by other members of the Site are not in any way vetted, approved or endorsed by Healthper and you use such information at your own risk. The Site may contain links to third-party websites. The linked sites are not under the control of Healthper, and Healthper is not responsible for the contents of any linked site. Healthper provides these links as a convenience only, and a link does not imply Healthper's endorsement of, sponsorship of, or affiliation with (a) the linked site, (b) the third-party health care provider or service provider associated with such linked site or (c) the content, products or services accessed or offered through the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. YOUR USE OF THIRD-PARTY CONTENT POSTED ON THE SITE OR THIRD-PARTY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE IS SOLELY AT YOUR OWN RISK. FURTHER, YOUR USE OF THIRD-PARTY CONTENT POSTED ON ANY LINKED WEBSITE OR THIRD-PARTY PRODUCTS OR SERVICES ACCESSED OR OFFERED THROUGH ANY LINKED WEBSITE IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH SITE. HEALTHPER DISCLAIMS ANY AND ALL LIABILITY FOR ANY MEDICAL AND HEALTH TREATMENT INFORMATION OR OTHER CONTENT POSTED BY THIRD PARTIES ON THE SITE OR ANY LINKED SITE OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES ACCESSED OR OFFERED THROUGH THE SITE OR ANY LINKED SITE.
Participation in Programs for Tokens/Rewards. Only individuals 18 years of age or older and residing in the U.S. may enroll to participate in programs or activities to earn points and redeem rewards that may be made available from time to time by Healthper, its Affiliates or Sponsors, in Healthper's sole discretion. If you are eligible, you may be given opportunities to earn Healthper Tokens™ (“Tokens”) by taking advantage of Token-earning opportunities on the Site and other third party Web sites; responding to offers from participating advertisers and partners via email, postal mail or telephone; and complying with the terms of other offers or programs from the Site or other participating companies. Healthper reserves the right to send you messages from time to time for which You may not be rewarded. Such messages may include Site system updates; flash bulletins; order confirmations; administrative announcements; special requests and other similar messages ("Administrative Messages") and may be sent via message post to your account on the Site, email or regular mail. You may elect to stop receiving email, but cannot unsubscribe from these Administrative Messages while enrolled as a participant in Healthper on the Site. Healthper is under no obligation to provide you with any particular number of Token-earning opportunities or send messages to you. Healthper reserves the right to limit Site enrollment at any time. Healthper reserves the right to prevent access to the Site and its Token/Rewards programs from IP addresses outside of the U.S. Corporations or other business entities are not eligible to become participants. Participation is limited to one individual per Site account. Healthper allows only one email address per participant. You agree to comply with the terms of all Site and participating advertiser and partner offers, promotions, and programs at all times. You agree not to abuse Site privileges by conduct which is detrimental to the interests of Healthper, including without limitation attempting to accrue Tokens or use Tokens in a manner inconsistent with the rules of the Site or intent of this Agreement, having multiple accounts, attempting to earn Tokens through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with Site reward links, etc. Healthper reserves the right to terminate or disable, at Healthper's sole discretion, Your membership/participation if Healthper believes You have violated or acted inconsistently with the rules of the Site or intent of this Agreement. You understand and agree disabling of membership/participation will result in your inability to redeem and/or earn Tokens. You understand and agree termination of membership/participation will result in the cancellation of all of Your Tokens. Healthper shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership/participation (including cancellation of Tokens) shall be final and binding. Healthper reserves the right to adjust your Tokens balance with award reversals for items returned or transactions not completed or cancelled. A pattern of placing orders followed by cancellations is construed as purchasing fraud and could result in the termination of your Healthper account. Points may be spent only on rewards as offered through the Site at the time of redemption. Tokens have no cash value. Healthper is not responsible for lost or stolen rewards once issued. Rewards are subject to change at any time without notice. The number of Points required to redeem for a reward are subject to change at any time without notice. Inquiries regarding rewards ordered and not received must be received by Healthper within 6 months after the initial redemption date. Thereafter, Healthper will have no obligation to re-send rewards to you. Tokens will be subtracted from your account once the redemption order is placed and captured by the Site system. Once used to claim a reward, Tokens will not be reinstated to Your account. In conjunction with redeeming Tokens for rewards, you agree to confirm that all information in your personal profile is up to date and accurate. You agree to promptly notify Healthper of any change in your address (mail or email) or personal profile by updating Your personal information in the My Profile section of the Site under My Account. Your discontinued participation in the Site or failure to notify Healthper of any address (mail or email) or profile changes may result in the termination of your membership and forfeiture of your unredeemed Tokens. Healthper reserves the right to cancel or disable accounts and expire unredeemed Tokens in those accounts that are inactive for a period of 12 consecutive months. Inactive shall be defined as lack of one of the following: website visit, email response (click-thru), survey completion, profile update or any Token-earning or redemption transaction. Healthper reserves the right to limit the opportunities to earn Tokens available to you while you remain inactive. You shall comply with all laws, rules, and regulations that are applicable to you. You acknowledge that you may only participate in Token-earning transactions for Tokens if and to the extent that such participation is permitted by such laws, rules, and regulations. Healthper may refuse to enroll you, or to restrict, modify, or terminate your participation in activities on the Site, without liability to you or any other party, if you violate any law, rule, or regulation, or if your participation in the Site could violate any law, rule, or regulation.
Participation in Promotions of Advertisers, Merchants and other Third Parties. Your correspondence with or participation in promotions of Healthper advertisers, sponsors and partners are solely between you and the advertiser, sponsor or partner. Healthper assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion. You understand that, in some cases, there may be delay in the crediting of Tokens for promotions of advertisers, sponsors or partners due to their failure to provide necessary information to Healthper for such crediting of Tokens. Healthper will not be responsible or liable for the delay or failure to credit Tokens in such event.
Non-Transferability. Your right to use the Site is non-transferable. Tokens are non-transferable and are void if transferred. Your right to access and participate in the Site will terminate immediately in the event of your death. Tokens and/or rewards may not be bartered or sold. Your account and Tokens are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
Information Sharing. You control what information is added to your personal account. You can immediately delete your information at any time. Deletion will be initiated immediately, and your information will be purged from your account shortly thereafter. Additional backup copies of deleted information may persist for a short time. By submitting, posting or displaying information on the Site, you grant Healthper a worldwide, royalty-free, non-exclusive license to use and distribute such information in connection with the Site, without any compensation or obligation to you. However, you control who can access information about yourself on the Site. By default, you are the only member of the Site who can view and edit your information, but you have the option to share your information with other members. Healthper may only use information you provide as permitted by the Healthper Privacy Policy, the Healthper Health Information Privacy Policy and applicable law. Healthper is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, a federal law that provides for certain protections of the use and disclosures of an individual's identifiable health information, and the regulations promulgated thereunder (“HIPAA”). As a result, HIPAA does not apply to the transmission of health information by Healthper to any third party. You control what health information is added to your personal account. If you authorize a HIPAA covered entity such as your healthcare provider to provide information to Healthper on your behalf, that information will no longer be subject to HIPAA. See HEALTHPER - HIPAA STATEMENTand the Authorization for Use and Disclosure of My Protected Health Information.
Privacy and Additional Terms. You agree that (a) your use of the Site and the Content is subject to each of the additional terms provided in connection with the Site, including the Healthper Privacy Policy and Healthper Health Information Privacy Policy and (b) you have read, understood and accept the Healthper Privacy Policy and the Healthper Health Information Privacy Policy .
Modification and Termination.Healthper, in its sole discretion, may place limits on, modify, suspend or terminate the Site generally, and, if you fail to comply with these Terms, Healthper may suspend and terminate your access to the Site or any portion thereof. YOU OR HEALTHPER MAY TERMINATE YOUR PARTICIPATION IN OR ACCESS TO THE SITE WITH OR WITHOUT CAUSE AT ANY TIME. YOUR RIGHT TO USE THE SITE IMMEDIATELY CEASES UPON TERMINATION AND YOUR UNREDEEMED TOKENS SHALL BE CANCELLED. Your termination of Your participation is effective upon Your submitting a termination request [by email to contact@healthper.com / or through the Site. You understand that, in some cases, You may still receive messages (which may have been scheduled prior to Your termination) after termination. You may not earn or redeem Tokens after termination except during any grace period Healthper may allow in its sole discretion or as required by law. Should You object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with the Site, Your only recourse is to immediately discontinue participation in the Site and properly terminate Your participation in the manner indicated above. Healthper reserves the right to terminate the participation or access to the Site of anyone who appears to be using the Site in a manner inconsistent with this Agreement, the intent of this Agreement, or any Site rules. In the event of any termination, your license to view the Content shall automatically terminate and you must immediately destroy any electronic or paper copies of the Content in your possession. The suspension or termination of your access to the Site, or any portion thereof, may result in the deletion of your information, files and other previously available content. Healthper shall not be liable to you or any third party for any such termination or discontinuance. Healthper's rights set forth in this Section are in addition to and not in lieu or limitation of any other right or remedy Healthper may have available at law. If Healthper terminates the Site or your use of the Site, these Terms will continue to be effective as applicable.
Disclaimer of Warranties. The Site and the Content are provided on an “AS IS” basis. Healthper makes no representations about the accuracy, reliability, completeness or timeliness of the Site or the Content. The use of the Site and the Content is at your own risk. You should not assume that the Content is complete or up-to-date on any particular topic. Healthper assumes no liability arising from or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site. Further, because user authentication on the Internet is difficult, Healthper cannot and does not confirm that each user of the Site is who he or she claims to be. NEITHER HEALTHPER NOR ANY OF HEALTHPER'S LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER HEALTHPER NOR ANY OF HEALTHPER'S LICENSORS MAKE ANY WARRANTY THAT THE CONTENT SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER HEALTHPER NOR ANY OF HEALTHPER'S LICENSORS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY. HEALTHPER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM YOUR USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU MAY OBTAIN FROM THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability.Healthper is not liable to you or anyone else for any decision made or action taken based on reliance upon the Content or the Site. HEALTHPER AND ITS LICENSORS AND SUPPLIERS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, OF ANY KIND WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORIES, EVEN IF HEALTHPER AND ITS LICENSORS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. HEALTHPER'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HEALTHPER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification. You agree to defend, indemnify, and hold harmless Healthper, its officers, directors, employees, agents, licensors and suppliers, and their respective officers, directors, employees and agents, from and against any claims, actions or demands (including, without limitation, reasonable legal and accounting fees and costs) alleging or resulting from (a) any information or other material you provide to the Site, (b) your use of the Site or any Content, or (c) any breach by you of these Terms. Healthper shall promptly provide you with notice of any such claim, suit or proceeding; provided, however, that Healthper's failure to provide such notice or delay in providing such notice shall not relieve you from your liabilities or obligations hereunder, except solely to the extent of any material prejudice as a direct result of such failure or delay.
Choice of Law, Jurisdiction and Dispute Resolution.These Terms are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. Except as otherwise set forth in these Terms, you expressly agree that exclusive jurisdiction for any dispute with Healthper, or in any way relating to your use of the site, resides in the courts of the State of New Jersey, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving Healthper or its affiliates, subsidiaries, employees, contractors, officers, or directors. Any disputes arising out of or relating to these Terms or any of the additional terms referenced in Section 6 hereof shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Jersey City, New Jersey, with a written decision and legal reasoning issued by the arbitrator at either party's request. The parties shall bear equally all fees, costs and expenses of the arbitration; provided that each party shall bear its own legal expenses, attorneys' fees and costs of all experts and witnesses.
General Legal Terms. Except as expressly provided in the Healthper Privacy Policy, the Healthper Health Information Privacy Policy,any additional agreement or additional Terms for certain areas of the Site or a particular legal notice, these Terms constitute the entire agreement between you and Healthper and govern your use of the Site, superseding any prior or written agreements between you and Healthper. Healthper's licensors may be third-party beneficiaries of these Terms. There are no other third-party beneficiaries to these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the invalidity of such shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Healthper's failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Healthper's ability to enforce such term at any point in the future. All of Healthper's rights and obligations under these Terms are freely and fully assignable by Healthper in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Neither your rights nor your obligations arising under these Terms are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect. Each party hereto is an independent contractor of the other and no agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. Except as expressly set forth herein, neither party shall have the power to obligate or bind the other party.

Healthper Website Privacy Policy

This Website Privacy Policy describes Healthper USA, Inc.'s ("Healthper's" or "our") commitment to your privacy and explains our privacy practices, so you can make an informed decision about your use of healthper.com (the "Site") and the information that you choose to provide to us. Please read this Website Privacy Policy carefully to understand how we collect, share, and protect information about you. This Website Privacy Policy is incorporated into and is part of the Terms and Conditions of Use of this Site. The Terms and Conditions of Use include terms, such as governing choice of law and venue for dispute, that are important to this Website Privacy Policy, but in the event of any conflict between the Terms and Conditions of Use and this Website Privacy Policy (e.g., dispute resolution on privacy issues), the provisions of this Website Privacy Policy shall control as to all matters within the scope of this Website Privacy Policy. By accessing and using the Site, you agree that you have read and understand this Website Privacy Policy and that you accept and consent to the privacy practices (and any uses and disclosures of information about you) that are described in this Website Privacy Policy. Healthper is committed to protecting your privacy. In order to establish and maintain your account and deliver personalized and relevant information to you through this Site, we collect certain information about you. The purpose of this Website Privacy Policy is to describe our privacy practices regarding that information. We may collect individually identifiable information about you from you when you access certain content on this site, such as when you play health games, redeem rewards or view advertisements.

A Special Note about Children

Healthper is committed to protecting the privacy of children. This Site is not designed or intended to attract anyone under age 18. We do not collect any personal information from any person if we know such person is a child under the age of 18 or under the legal age of majority in your jurisdiction. BY ACCESSING THIS SITE, YOU REPRESENT THAT YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION.
We strongly recommend that minors ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe Internet use practices.

Information about You That We Collect

We may collect information directly from you through your use of the Site, including, but not limited to your name, email address, gender, birth date, occupation and other demographic information. We may also ask for additional information about you for security reasons, or to provide products or services to you. Once you have opened an account on this Site, you can provide other information about yourself, such as your family, friends, networks, activities and interests. One of the primary reasons people use this Site is to share information with others. Examples include when you make a comment, write a note, send someone a message, create or join a group, upload a file or share a link. If you do not want us to store metadata associated with the content you share on this Site (such as a photo file), please remove the metadata before uploading the content.
As with many other websites, the Web servers used to operate the Site may collect certain data pertaining to you and the equipment and communications method that you use to access the Internet and this Site. We also may collect other identifying information from or about you in connection with your use of the Site. For example, we may collect and store the content of, and data regarding, any correspondence you may have with us or our representatives, regardless of the subject matter or the mode of communication by which such correspondence is made.

How We Use Information about You

We may use information about you to notify you of opportunities available on or through the Site, to customize the Site content for you, to send you materials that you request from us, and for other legitimate and lawful business purposes.
Healthper may combine information about you with information about others who use the Site and remove all personal identifiers from the resulting combined information to create “de-identified information.” We use de-identified information in the development of products and services to meet the continuing needs of our clients, and to analyze and improve the content, features, materials, and opportunities that we may make available on the Site. If you contact us for support or assistance, we may use information about you or your computer that you provide for purposes such as verifying whether your computer meets the minimum requirements needed to use the Site and our various services.
Data collected by our Web servers or otherwise through use of the Site is used to facilitate Site operation and system administration, to generate aggregated, non-identifiable statistical information, to monitor and analyze Site traffic and usage patterns, and to improve the content and content delivery with regard to the Site and the content, materials, opportunities, and services that we describe or make available on the Site. These data may reveal such things as the Internet Protocol address assigned to your computer, specific pages that you accessed on the Site or immediately prior to visiting the Site, and the length of time you spend at the Site, but without combining these data with other sources of information, they do not readily or individually identify you. For security reasons and to confirm the integrity of our data, however, we may combine components of these data with other sources of information that may identify you. Unless otherwise described in this Website Privacy Policy or our Terms and Conditions of Use, such identifying information will be used solely for our internal business purposes.

How We Share or Disclose Information about You

In certain limited circumstances, we may disclose information about you and your usage of the Site, if we become subject to a subpoena, search warrant or court order, or if we are otherwise legally required to disclose such information. Healthper may disclose information about you as necessary to establish or exercise our legal rights, to enforce the Terms and Conditions of Use to assert and defend against legal claims, in connection with a corporate transaction resulting in a transfer of the assets or line of business relating to such data, and to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities. Healthper also may disclose such information in special cases, such as in response to a potential threat to the physical safety or well-being of you or others or to protect property.
We may share aggregated demographic and behavioral information about our user base with our partners and advertisers. This information does not identify individual users.
Healthper shares personal information with others outside of Healthper in the following limited circumstances:
- We have your consent. We will provide you with notice of the transfer and obtain your affirmative opt-in consent for the sharing of any sensitive personal information. For non-sensitive information to be shared in a manner or with parties different in nature from that described in this Website Privacy Policy, we will provide you with notice and an opportunity to opt-out of sharing the information.
- We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Website Privacy Policy and any other appropriate confidentiality and security measures.
- If you elect to redeem Healthper Tokens in your account for merchandise, travel, gift cards or other items available through Healthper, such items will generally be provided through a trusted third party vendor website accessible as a link, tab or page on our Site, and we will provide personal information, including name, email, gender, date of birth, and address on file to the vendor for the purpose of processing the fulfillment of your redemption transactions. We require that any such vendor agree to process such information based on our instructions and in compliance with this Website Privacy Policy and any other appropriate confidentiality and security measures.
- We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Healthper, its users or the public as required or permitted by law.
If Healthper becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.
Disclaimer. We reserve the right to disclose your individually identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on the Site. We may be required to disclose personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

Our Use of "Cookies"

“Cookies” are small files of data that reside on your computer and allow us to recognize you as a Healthper client if you return to the Site using the same computer and browser. We send a “session cookie” to your computer if and when you visit this Site. These cookies allow us to recognize you if you visit multiple pages in this Site during the same session.
We also use longer-lasting cookies to display your name on some of our Web forms, so that you do not have to retype your name and contact information each time you request content that requires a form to be submitted. Our cookie files are encoded so that any information stored in them may only be interpreted by the servers on this Site. Web browsers and other software allow you to erase cookies from your computer's hard drive, to block or reject all cookies, or to receive a warning before a cookie is stored. If you choose to reject cookies, the Site may not operate efficiently for you.

Security Practices

We use commercially reasonable methods to keep information about you that we collect or store on or through the Site safe from unauthorized access, modification or use. Because Healthper respects your privacy and values your trust, the only persons to whom we give access to information about you are those who use it to provide services to you or conduct other activities described in this Website Privacy Policy. Healthper maintains physical, electronic, and procedural safeguards designed to comply with applicable state and federal standards to help guard information about you and to assist us in preventing unauthorized access to that information. Nevertheless, no set of security safeguards is guaranteed to be impenetrable. We cannot and do not guarantee that communications to or from the Site, or that data transmitted or stored on or through the Site, are or will be totally secure from loss, misuse or unauthorized access by third parties.

Sharing Information on healthper.com

This section explains how the privacy settings on your account work, and how your information is shared with other users on this Site. You should always consider your privacy settings before sharing information on this Site. You hereby acknowledge that Healthper USA, Inc. is not responsible for any information you share with other users on this Site, and in sharing such information, you release us from any and all claims arising out of or related to the use of such information in any manner by any other person.

Name and profile picture. This Site is designed to make it easy for you to find and connect with others. For this reason, your name and profile picture do not have privacy settings. If you are uncomfortable with sharing your profile picture, you should not upload one (or delete it if you have).
Contact information. Your contact information settings control (available when customizing your privacy settings) who can contact you on this Site, and who can see your contact information such as your e-mail address and phone number(s). Remember that none of this information is required except for your e-mail address, and you do not have to share your e-mail address with anyone.
Posts. You must select a privacy setting for every post you make using the publisher on this Site. You can control who can see it at the time you create it. If you decide not to select your setting at the time you post the content, your content will not be shared with any other user.
Gender and Birth Date. In addition to name and e-mail address, we require you to provide your gender and birth date during the registration process. We ask for your date of birth to verify that you are 18 or older. Because your date of birth and gender are required, you cannot delete them. You can, however, edit your profile to hide all (or part) of such fields from other users.
Medical Information. Information related to your medical treatment, diagnosis by a health care professional and other health or medical information that you provide or cause to be uploaded to this Site is subject to our Healthper Health Information Privacy Policy.
Here are some other things to remember:
- Some of the content you share and the actions you take will show up on the pages of other users to whom you have allowed access.
- Even after you remove information from your profile or delete your account, copies of that information may remain viewable elsewhere to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other users.
- You understand that information might be shared or copied by other users.
- Certain types of communications that you send to other users cannot be removed, such as messages.
- When you post information on another user's profile or comment on another user's post, that information will be subject to the other user's privacy settings.
- If you use an external source to publish information to this Site (such as a mobile application), you should check the privacy setting for that post, as it is set by that external source.

You Have Options

When corresponding with Healthper or our representatives, or when making a request for information or otherwise interacting with Healthper through the Site, you choose what information to supply, what questions to pose, and what comments to make, whether you wish to receive further information, and how we should provide such information. Please take care to share only information that you believe is appropriate.
There may be opportunities on the Site for you to opt-in or opt-out of certain uses and disclosures of information specific to particular tools or sections of the Site. There also may be opportunities for you to designate how you would like your e-mail address to be used or not used by Healthper for purposes related to the services provided through the Site. Please take care to evaluate these options where they are available.
If you wish to remove information about you from the Site, or limit the use and disclosure of your information to third parties, please contact Healthper's Privacy Officer at the following address: Privacy Officer Healthper USA, Inc. 24 Guenevere Court, Hamden, CT 06518.
Please be aware that it may not be technologically possible to remove each and every data record from our servers.
Healthper acknowledges that individuals have the right to access the personal information/data that we maintain about them. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his query to admin@healthper.com. If requested to remove data, we will respond within a reasonable timeframe.

Complaints and Questions

If you have any questions or concerns regarding the privacy of your information, please contact the Healthper Privacy Officer at admin@healthper.com. Healthper is committed to maintaining the privacy and security of your information consistent with all applicable legal requirements and the terms of this Policy and will review all legitimate concerns.

Changes to the Website

Privacy Policy From time to time, we may change this Website Privacy Policy and our privacy practices, because of changes in relevant and applicable legal or regulatory requirements, in our business practices, or in our attempts to better serve your needs and those of our other clients. When we do so, we will post a revised Website Privacy Policy on the Site and a new effective date below. Any such change will be effective immediately upon posting on the Site. You are responsible for checking the Website Privacy Policy for such changes.

Linked Sites

For your convenience, this Site may contain links to websites that are not operated by or affiliated with Healthper. These third party websites are not under our control. We are not responsible for, and this Website Privacy Policy does not apply to, the privacy or security practices of those sites or of any companies that we do not own or control. Any information you disclose once you access these other web sites is not subject to this Website Privacy Policy. We encourage you to seek out and read the privacy policy of each website that you visit to understand how information about you is collected, used, and protected.

Questions

If you have any questions regarding this Website Privacy Policy, please contact Healthper at Privacy Officer,Healthper, Inc. 24 Guenevere Court, Hamden, CT 06518, or by email at privacy@healthper.com.
If you become aware of any breach of Site security, this Website Privacy Policy, or the Terms and Conditions of Use, please notify us immediately.

Acknowledgment

BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO OUR PRIVACY PRACTICES AND TO THE USES AND DISCLOSURES OF INFORMATION THAT WE COLLECT ABOUT YOU AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE APPLICABLE TO YOU.

Healthper Health Information Privacy Policy

This Healthper Health Information Privacy Policy (this “Policy”) describes our privacy practices that are specific to our treatment of individually identifiable health information (“Health Information”) when you use www.healthper.com or related websites owned and operated by Healthper USA, Inc. (“Healthper”) (collectively and each separately, the “Site”). The Healthper Website Privacy Policy more broadly describes how Healthper treats all individually identifiable information, including Health Information, when you use the Site.

Healthper reserves the right to modify this Health Information Privacy Policy at any time. Such modifications will be effective immediately and incorporated into this Policy without notice. It is your responsibility to check Healthper Health Information Privacy Policy to inform yourself of any such changes. Your continued use of the Site will be deemed acceptance and understanding of this Policy at the time of such use.

You are in control of your Health Information

To store your Health Information on the Site, you will need an account on the Site (an “Account”). You control what Health Information is stored in your Account and can store as much or as little information in your Account as you want. If you so choose, your Health Information may include your medical record and history information (e.g., conditions, allergies, test results, medications, immunizations or health insurance information) and/or your wellness data and goals (e.g., personalized wellness goals around weight or exercise).
While you can edit Health Information that you have personally entered into your Account at any time, you cannot edit Health Information that third parties send to your Account at your request. You can, however, partially or completely delete your Health Information at any time. Deletion will be initiated immediately, and your Health Information will be purged from your Account shortly thereafter. Additional backup copies of deleted information may persist for a short time. Since deleted data will not be restored, you may want to print information before deleting it. Deletion will not revoke your prior consent or authorization for uses and disclosures of your Health Information prior to your deletion.
You control who can access your Health Information through the Site. By default, you are the only member of the Site who can view and edit your Health Information, but you have the option to share your Health Information with other members of the Site or, as outlined below, third-party service providers. You can revoke access to your Health Information at any time.
Health Information stored in your Account is not publicly accessible through internet searches on Google.com or other internet search engines. Healthper will not sell, rent, or share your Health Information without your explicit consent, except in the limited situations described in this Policy or the Healthper Website Privacy Policy– for example, when Healthper believes it is required to do so by law.

How you can share your Health Information

If you share your Health Information with others, you can view a list of who has access to your Health Information and, as mentioned above, you can revoke sharing privileges at any time. When you revoke someone's ability to read your Health Information, that party will no longer be able to read your information, but may have already seen or may retain a copy of the Health Information. You should be aware that some of the Health Information you share may show up on the pages of other members to whom you have allowed access and may be shared or copied by such other members. Healthper is not responsible for actions taken with respect to your Health Information by third parties (including other members of the Site) to whom you disclose such Health Information.
Healthper contains links to third-party service providers that are capable of securely sending information to Healthper. These service providers (which may include your medical providers) may provide information about certain health conditions or extend the functionality of the Site in other ways. By creating a link to these service providers, you give them permission to send your Health Information (such as medical records, prescription histories or test reports) to your Account.
You can approve access for some of these service providers to view and copy your Health Information. If a service provider accesses your Health Information and stores a copy of your Health Information, that copy will be governed by that service provider's privacy policy. Others at that service provider – for example, a doctor or nurse – may be able to view your Health Information. Healthper is not responsible for the content, performance, or privacy policies of third-party service providers.
Some of these third-party service providers will be covered by federal and state health privacy laws (such as the Health Insurance Portability and Accountability Act, or “HIPAA”), and those laws will also govern how they may use and share your information. HIPAA requires (as does Healthper) that you must authorize these providers to send information to your Account. Click here for a sample Authorization form. With that authorization, you also give them permission to send certain especially sensitive types of health information (such as mental health or substance abuse records) that are protected by federal and state laws and require special authorization for disclosure to third parties. If you disclose this information yourself, these protections do not apply.
Healthper service providers that are entities or business associates covered by HIPAA are contractually required by law and by Healthper to comply with HIPAA's applicable rules related to collection, use, and sharing of your information.
However, Healthper is not a “covered entity” under HIPAA. As a result, HIPAA does not apply to the transmission of health information by Healthper to any third party. If you authorize a HIPAA covered entity such as your healthcare provider to provide Health Information to Healthper on your behalf, that Health Information will no longer be subject to HIPAA.

How Healthper uses and shares your Health Information

When you create your Account, Healthper asks for your email address and a password, which is used to protect your Account from unauthorized access.
Within Healthper, a limited number of employees in particular job functions may have access to your Health Information in order to operate and improve the Site, and they are bound by strict policies to not disclose this information to others, either within Healthper or to the outside world. In addition, Healthper may grant certain third-party contractors and vendors access to your Health Information subject to Healthper's strict security and confidentiality requirements and solely to the extent necessary to assist Healthper with the operation or improvement of the Site.
Healthper's servers automatically record log information about your use of the Site (such as number of sign-ins and number of times a link was clicked). This information is temporarily stored in association with your Account for a period of 7 years, at which point it is aggregated with other data and is no longer associated with your Account. The log information will be used to operate and improve the Site. Except as provided in this Policy or the Healthper Website Privacy Policy, de-identified information, including the anonymous log information is restricted and will not be shared by Healthper with third parties.
Healthper periodically publishes trend statistics and associations. Healthper may use data from your Account as part of an aggregated data set when publishing these trends statistics and associations. These aggregated data sets do not contain any personally identifiable information.
To the extent necessary, Healthper may share your Health Information to protect against imminent harm to the rights, property or safety of Healthper, users of the Site or the public, or to address fraud or violations of theTerms and Conditions of Use.

More information about Healthper's Privacy Policies

Although Healthper is not covered by HIPAA, we are committed to protecting your privacy and have implemented strict data security policies and measures and ensure that users of the Site control access to their Health Information. Any violation of this Policy or the Healthper Website Privacy Policy can be enforced by the Federal Trade Commission, which takes action against companies that engage in unfair and deceptive trade practices (including violations of their privacy policies) and may impose civil and criminal penalties. If you have any questions regarding this Policy, please contact the Healthper Privacy Officer, Healthper USA, Inc. 24 Guenevere Court, Hamden, CT 06518.

HIPAA

Healthper is not a HIPAA covered entity. Unlike a doctor or health plan, Healthper is not regulated by the Health Insurance Portability and Accountability Act (HIPAA), a federal law that provides for certain protections of the use and disclosures of an individual's identifiable health information. You control what health information is added to your personal Healthper account. If you authorize a HIPAA covered entity such as your healthcare provider to provide information to Healthper on your behalf, that information as provided to Healthper will no longer be subject to the HIPAA protections.

NOTE: DO NOT USE THIS AUTHORIZATION FORM TO REQUEST DISCLOSURE OF GENETIC OR FAMILY MEDICAL HISTORY INFORMATION. A SEPARATE FORM IS REQUIRED FOR ANY SUCH AUTHORIZATION.

Authorization

I authorize the use and disclosure of health information about me as described below (does not include genetic information or family medical history).

Person(s) or class of persons or entities authorized to use and disclose the information: (name of healthcare provider(s) or health plan(s) you are asking to release your information a/k/a the Disclosing Party)
Person(s) or class of persons or entities authorized to receive the information: Healthper USA, Inc..
Description of information that may be used and disclosed: (Can be specific, e.g., cholesterol test results. Can be more general, e.g., all health information I request you to submit to Healthper from time to time while this Authorization is in effect. )
I understand that if the person or entity that receives the information is not a health care provider, clearinghouse, or health plan or otherwise covered by federal and state privacy laws (including HIPAA), the information described above may be redisclosed and no longer protected by these regulations.
I understand that I may refuse to sign this authorization and that my refusal to sign will not affect my ability to obtain treatment or health plan payment. I may inspect or copy any information used and disclosed under this authorization.
I understand that I may revoke this authorization in writing at any time by notifying the Disclosing Party in writing, except to the extent that action has been taken in reliance on this authorization. This authorization expires upon the earlier of my revocation or my disenrollment from Healthper.

Signature of Patient or Authorized Representative

Date

Patient's Name

Name of Personal Representative (if applicable)

Relationship to Patient

A copy of this signed form will be provided to the patient.

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, please do not provide any genetic information when responding to this request for medical information, unless a separate authorization for such information is also submitted by the requestor. ‘Genetic information’ as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

If, as part of a health risk assessment or other proposed service in connection with a wellness program, you or a family member are requested to undergo voluntary biometric screening that includes medical examination (such as testing to detect high blood pressure, high cholesterol or diabetes), you will first be provided with a separate notice informing you what information will be collected, how it will be used, who will receive it, and how it will be kept confidential. The form of such notice will be tailored to the specific program and the information to be collected.

If, as part of a health risk assessment or other proposed service in connection with a wellness program, you or a family member are requested to provide any Genetic Information (as defined by GINA), you will first be provided with a separate notice informing you what information will be collected, how it will be used, who will receive it, and how it will be kept confidential. You will also be asked to provide your knowing, written and voluntary authorization for the collection of the information before any such collection takes place. The forms of such notice and prior authorization will be tailored to the specific program and the information to be collected.

Revised: June 05, 2018