Privacy Policy

 

Last Updated: July 8, 2021

 

At Prevail Health Solutions, LLC, (“Prevail Health”) we are committed to commercially reasonable efforts to ensure that your privacy is protected and in compliance with state and federal privacy law, including the Health Insurance Portability and Accountability Act (“HIPAA”). We will endeavor to use any information that you provide when using this website in accordance with this privacy policy. This privacy policy (this “Privacy Policy”) sets out how Prevail Health Solutions LLC (“Prevail Health”) protects and uses any information that you provide Prevail Health when you use any services offered by Prevail Health, including but not limited to the Prevail websites (the “Prevail Health Services”).

 

This Privacy Policy explains what information we collect, how we protect any information you submit to us, and how we use it. We will ask you to provide certain information by which you can be identified when using any of the Prevail Health Services; you can be assured that such information will only be used in accordance with this Privacy Policy. The information collected from the Prevail Health Services will be used to measure the validity thereof.

 

This Privacy Policy should be read together with, and is a part of, our Terms of Use (Terms of Use) and and HIPAA Notice (HIPAA Notice). Defined terms used herein and not otherwise defined shall have the meaning ascribed thereto in the Terms of Use. We may amend this policy from time to time by updating this page. Therefore, we suggest you check this page occasionally to ensure you are aware of any updated amendments.

 

Children’s Online Privacy Protection Act

 

Minors under eighteen (18) years of age, without parental consent, are prohibited from using the Prevail Health Services. If you are under 18 years old, please do not provide personally identifiable information of any kind whatsoever on the Prevail Health Services. We do not intentionally gather Personally Identifiable Information from visitors who are under the age of 13 or have any reasonable grounds for believing that children under the age of 13 are accessing the Prevail Health Services. If we learn that we have inadvertently collected personally identifiable information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us at privacy@prevailhealth.com.

 

Types of Data We Collect

 

We collect “Non-Personal Information” and “Personally Identifiable Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personally Identifiable Information” means data that could allow someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

 

Your use of the Prevail Websites and/or provision of your Personally Identifiable Information to Prevail Health constitutes your consent to the use, storage, processing and transfer of that information in accordance with this Privacy Policy

 

Personally Identifiable Information

 

We use your Personally Identifiable Information that you provide to us in order to provide the Prevail Health Services. The personally identifiable information we may collect includes the following:

 

• A home or other physical address, including street name and name of a city or town
• An email address
• A cell phone number
• Demographic information such as ethnicity, preferences and interests
• Other information relevant to product related surveys, personal well-being, intervention schedule and activity ratings
• Instant messaging communication carried out between you and Prevail Health and/or its Peers or Coaches (as such term is defined in Prevail Health’s Terms of Use

 

Prevail Health requires this information to understand your needs and provide you with better service, including for the following reasons:

 

• Internal record keeping
• Offering you certain products and services
• Improving our products and services and perform maintenance on the Prevail Websites
• Providing compensation for participation in our Prevail Health Rewards Program in accordance with our Reward Program Terms and Conditions (Terms of Use)
• Connecting you with third party service providers with whom we have partnered, when you specifically elect this option and affirmatively direct us to do so
• Send you notifications and reminders through text message and email
• Provide collaborating third parties with statistical information related to the Prevail Health Services gathered from the Prevail Website as well as publically available information about you. In some instances Prevail Health may share selected engagement and clinical improvement metrics with partners, when requested. The information will not be used to identify any individual participant without their consent and will be in compliance with our HIPAA notice where applicable.
• To notify you about changes to your usage or related services or to ask you to provide feedback.
• To enable you to partake in a prize draw, competition or complete a survey.
• To administer and protect our business and the Prevail Websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).
• For those who apply for employment with Prevail Health, in order to process your employment application, including background checks and education and employment verification, as applicable.
• To comply with all applicable laws or legal processes, including providing information on individual users to the appropriate governmental authorities where required by law enforcement or judicial authorities.
• In matters involving a danger to personal or public safety, to protect the rights, property or safety of Prevail Health, our members, customers, or others, Prevail Health may voluntarily provide information to appropriate governmental authorities.

 

Prevail Health makes community boards, discussion lists, group discussions and moderated chats available to its users. Any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your Personally Identifiable Information. Although users are anonymous posting messages that contain personal information is prohibited, Prevail Health does retain a record of who posts all notes.

 

At times, the Prevail Health Services may use certain Personally Identifiable Information to make automated decisions about which programs and services to offer you, or may alter the programs and services based on those decisions. Information used to make automated decisions may include (but is not limited to), age, ethnicity, gender, location, clinical or other assessment scores, or other information supplied to us from you via your use of the services. Prevail Health does not share this information, or the automated decisions made from it, with any third party without your express consent.

 

Controlling Your Personally Identifiable Information

 

Access to Personally Identifiable Information you provided in your Account is readily available through the Prevail Websites profile editing tools. You may modify, update, correct, or delete your Prevail Health profile information at any time by logging into your account. Information will be updated immediately. We may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

 

We will not sell or lease your non-aggregated personally identifiable information to third parties without your affirmative consent unless required to do so by law, including those situations set forth in our HIPAA Notice.

 

You may request details of Personally Identifiable Information which Prevail Health holds about you or request that Prevail Health delete your Personally Identifiable Information. If you would like a copy of the information Prevail Health holds about you, please email your request to: privacy@prevailhealth.com with the email subject as “Personal Information Query.”

 

If you believe that any information Prevail Health is holding about you is incorrect or incomplete, please contact us as soon as possible at the email address above. We try to answer all inquiries within a reasonable time frame but may not always be able to do so, unless required by law.

 

You may decline to share certain Personally Identifiable Information with us, in which case we may not be able to provide to you some of the features and functionality of the Prevail Health Service. You may also request that you and your Personally Identifiable Information be removed from the Prevail Health system. Prevail Health account deactivation is handled by us. Please email privacy@prevailhealth.com to have your account deactivated and removed, once this is completed your account will become immediately inaccessible, including any unclaimed reward points.

 

You may also request that you and your Personally Identifiable Information be removed from the Prevail Health system. Prevail Health account deactivation is handled by us. Please email privacy@prevailhealth.com to have your account deactivated and removed, once this is completed your account will become immediately inaccessible, including any unclaimed reward points.

 

You have the right at any time to prevent us from contacting you for marketing purposes. When we send promotional communication to a user, the user can opt-out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that notwithstanding the promotional preferences you indicate by unsubscribing, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.

 

Protected Health Information

 

When legally applicable, we are committed to maintaining the privacy and integrity of your Protected Health Information (“PHI”) as defined in our HIPAA Notice. Privacy Policy describes how we protect your privacy as a visitor to or general user of the Prevail Health Services. If you are a user in the United States, you also have additional rights under federal and state law with respect to the access to, use, and disclosure of Personally Identifiable Information that constitutes PHI. For a more complete description of your rights with respect to PHI, please refer to our HIPAA Notice, which provides important information to you about how we may use and disclose your PHI. Our HIPAA Notice is available here: (HIPPA Notice).

 

You expressly acknowledge that you have read and understood our HIPAA Notice, which provides important information to you about how we may use and disclose health information about you.

 

Disclosure of Personally Identifiable Information

 

We disclose your Personally Identifiable Information as described below and as described elsewhere in this Privacy Policy.

 

We may share your Personally Identifiable Information with third-party service providers to: provide you with the Prevail Health Services that we offer you through the Prevail Websites; to send you reminders of appointments or notifications concerning your Account; to conduct quality assurance testing; to perform marketing; to run data analysis; to facilitate creation of accounts and our Rewards Program; to provide technical support; and/or to provide other services to Prevail Health.

 

Regardless of any choices you make regarding your Personally Identifiable Information (as described below), we may disclose your Personally Identifiable Information if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (c) to protect or defend the rights or property of Company or users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Terms of Use.

 

Security

 

We are committed to using commercially reasonable efforts to ensure that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place appropriate electronic and managerial procedures to safeguard and secure the information we collect. If you elect to register on the Prevail websites, you will create a unique username and password. Prevail Health does not have access to your password; if you lose or forget your password you will need to reissue yourself a new password. Passwords must include a minimum of 8 characters, contain capital and lowercase letters, and at least one digit to reach Prevail Health’s minimum-security standard.

 

Although Prevail Health makes every reasonable attempt to secure your information, there is always some risk in transmitting information over the internet. Although we take appropriate measures to protect your information, we cannot guarantee that the Personally Identifiable Information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy or Our HIPAA Notice.

 

The Prevail Websites have security measures equal to or better than those reasonably expected in the industry (such as firewalls, etc.) in place to protect against the loss, misuse and alteration of your Personally Identifiable Information under our control. While we cannot guarantee that loss, misuse or alteration to data will not occur, we take reasonable precautions to prevent such unfortunate occurrences. Certain particularly sensitive information, such as your credit card number, collected for a commercial transaction is encrypted prior to transmission.

 

You are ultimately responsible for the security of your Prevail Health login credentials. You may not share your Prevail Health login credentials with colleagues or friends so they can access content or features that are restricted to you. You should log out of your browser at the end of each computer session to ensure that others cannot access your Personally Identifiable Information and correspondence, especially if you share a computer with someone else or are using a computer in a public place like a library or internet cafe.

 

Potential Exposure of Prevail Health Protected Data or Sensitive Data

 

Data breaches are increasingly common occurrences. Prevail Health has a robust and systematic process for responding to detected or reported data security incidents or breaches. Our standardized processes and procedures help to ensure the security and limit exposure to the data collected. Prevail Healths goal is to act responsibly, respond effectively if an occurrence happens, and protect the information to the highest degree possible.

 

As soon as a theft, data breach, or exposure containing Prevail Health’s protected data or sensitive data is detected and identified, the process of removing all access to that resource will begin.

 

Prevail Health will begin immediate steps to protect and secure the data. Prevail Health has a specific action plan for the prevention, detention, and securing of all data.

 

If your data potentially may be affected by a data breach or theft, or exposure containing your Personally Identifiable Information, Prevail Health will notify you of the exposure and next steps.

 

How Long We Retain Your Data

 

We will keep hold of your data for no longer than necessary for business purposes. The length of time we retain it will depend on any legal obligations we have (such as tax recording purposes), the nature of any contracts we have in place with you, the existence of your consent or our legitimate interests as a business.

 

International Data Transfers

 

When Prevail Health obtains Personally Identifiable Information about you, we may process and store the information outside of the country in which you are located, including in the United States. The countries in which we process the information may not have the same data protection laws as the country in which you are located. By providing your personal data you permit the use of your personal data for the uses identified above in accordance with the Privacy Policy.

 

Please be advised that at this time Prevail Health does not comply with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personally Identifiable Information from European Union member countries and Switzerland (http://www.export.gov/safeharbor/) and, as such, people residing in countries subject to such frameworks should not make use of the Prevail Health Services.

 

How We Use Cookies

 

A cookie is a small file placed on your computer’s hard drive. Once you agree, the file is added, and the cookie helps analyze web traffic or lets those who have placed the cookie on your computer to know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

 

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve the Prevail websites in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from our system.

 

Overall, cookies help us provide you with a better Prevail website experience, by enabling us to monitor which pages you find useful and which you do not. A cookie does not give us access to your computer.

 

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Prevail websites.

 

Links to Other Websites

 

The Prevail Websites may contain links to other websites of interest. However, once you have used these links to leave the Prevail Websites, we do not have any control over that other website. Therefore, we are not responsible for the protection and privacy of any information which you provide while visiting other sites. Such sites are not governed by this Privacy Policy. You should exercise caution and look at the privacy policy applicable to any other website you visit.

 

Do Not Track Signals

 

Certain state laws require us to indicate whether we honor “Do Not Track” settings in your browser. In some cases, Prevail Health disables browser tracking. Where tracking is enabled, Prevail Health adheres to the standards set out in this Privacy Policy and does not monitor or follow any Do Not Track browser requests, unless contractually or legally obligated to do so.

 

Required Disclosure to California Residents.

 

California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (“California Act”) and the California Business and Professions Code. As required by the California Act, this Privacy Policy identifies the categories of Personally Identifiable Information that we collect through the Prevail Websites about individual consumers who use or visit the Prevail Websites and the categories of third-party persons or entities with whom such personally identifiable information may be shared. All Personally Identifiable Information collected complies with the California Act.

 

If you are a resident of California and have used the Prevail Health Services, you have the right to request in writing, (1) a list of the categories of information, such as name, address, e-mail address, and the type of services provided to the customer, that we have disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. To request the above information, please email us at info@prevailhealth.com with a reference to California Disclosure Information.

 

Changes to the Privacy Policy

 

Prevail Health reserves the right to change this Privacy Policy at any time. When we do, we will post changes to the Privacy Policy on the Prevail Websites only and we will also revise the “effective as of” date at the top of the Privacy Policy. Your continued use of the Prevail websites after such modifications are made constitutes your agreement to this Privacy Policy as so modified.

 

If you have any additional questions or concerns about this Privacy Policy, please contact us at privacy@prevailhealth.com