Last Updated: June 6, 2017

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 should be read together with, and is a part of, our Terms of Use (https://www.iprevail.com/terms_of_use) and and HIPAA Notice (https://www.iprevail.com/hipaa_notice). Defined terms used herein and not otherwise defined shall have the meaning ascribed thereto in the Terms of Use.

Prevail Health is committed to using its 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 ask you to provide certain information by which you can be identified when using any Prevail Health Service; 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.

Prevail Health may change this Privacy Policy from time to time by updating this web page.

Children’s Online Privacy Protection Act

We do not intentionally gather Personal Information from visitors who are under the age of 13.

Personally Identifiable Information

We use your personal information that you provide to respond to your questions, offer you Services provide you the specific Prevail Health Services you select and send you notifications (e.g., emails) about program progress, site maintenance and updates. The personally identifiable information we may collect includes the following:

• First, middle and last name

• 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 (as such term is defined in Prevail Health’s Terms of Use

All personally identifiable information collected complies with the California Online Privacy Protection Act of 2003. 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

• Providing compensation for participation in our Prevail Health Rewards Program in accordance with our Reward Program Terms and Conditions (https://www.iprevail.com/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 reminder notifications through text message and email

• Provide collaborating third parties with statistical information related to the Prevail Health Services gathered from our Site as well as publically available information about you. 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.

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a 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

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 our Sites and Services. You also have additional rights under federal and state law with respect to the access to, use, and disclosure of Personal 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: (https://www.iprevail.com/hipaa_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.

Offline Communications

Prevail Health interfaces with third party service providers in order to notify you via email when you receive a message from another user in our internal messaging system while you are not logged into the system. In order to facilitate the ability to directly respond to such email outside of our internal messaging system (“Offline Communications”), the third party email service provider may store personal information contained in any response (to include your email address). If you choose to reply directly to such message from your personal email account you may potentially share your email address and other information deemed “personal health information” with a third party service provider who may not follow strict guidelines regarding procedures and protocols in relation to HIPAA compliance. Replying to such email constitutes your consent to the sharing of this information with the third party service provider. You can always choose to send your reply messages in a secure format by logging in to Prevail and utilizing Prevail’s system messaging functionality.

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’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 personal information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy or Our HIPAA Notice.

 

International Data Transfers

When Prevail Health obtains personal 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.

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 personal information from European Union member countries and Switzerland (http://www.export.gov/safeharbor/) and, as such, people resident 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 websites 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.

Controlling Your Personal Information

Your access to your personal information is readily available through the Prevail websites profile editing tools. You may modify your Prevail Health profile information at any time by logging into your account. Information will be updated immediately. We will not sell, distribute or lease your non-aggregated personal 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 personal information which Prevail Health holds about you under the Data Protection Act 1998. If you would like a copy of the information Prevail Health holds about you, please email your request to:

Prevail Health Solutions LLC

info@prevailhs.com

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

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.