This website and the services offered through this website (collectively, this “Site”) are operated and maintained by BSoft Solutions, Inc. DBA FitLyfe and/or its affiliates (collectively, “FitLyfe”). Please read this agreement carefully before using this Site. FitLyfe provides Internet-based patient health care information on this Site. By accessing or using this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting your personal information to FitLyfe, you signify your understanding of and agreement to be bound by the terms, conditions, policies and notices contained on this page (these “Notice of Privacy Practices”), including but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Illinois law. Also, you agree that FitLyfe and your health plan may use information that you supply to FitLyfe for the purpose of providing you with personalized health information through this Site.
PLEASE NOTE: FitLyfe does not determine, plan or design your employer’s wellness program. Your employer or its health plan is solely responsible for choosing the components or activities of the employee wellness program. Any data that is collected through the employee wellness program is also decided by your employer or its health plan. As a result, any grievances about the employee wellness program should be made to the employer or health plan. By using this Site and acknowledging below that you read and understand this policy, you agree to hold harmless FitLyfe, its officers, employees and agents from any violation or alleged violation of law by your employer or health plan regarding the design or strategy of the employee wellness program.
This Site is designed for educational purposes only. It is intended to supplement, not to replace, consultation with a physician. You should not use information from this Site to diagnose or treat a health problem or disease. FitLyfe and your health plan encourage you to consult your health care provider with any questions or concerns you may have regarding your condition. The information contained on this Site is not intended to cover all possible uses, directions, precautions, warnings, drug interactions, allergic reactions, or adverse effects. If you have questions about the drugs you are taking, check with your doctor, nurse, or pharmacist.
FitLyfe retains all copyrights and other proprietary rights in or relating to this Site. Except for downloading and printing a small number of copies of the content for your personal use only, you may not sell, transfer, reproduce, transmit, distribute, perform, or display any portion of this Site without the express written consent of FitLyfe.
- Personal Information We Collect
FitLyfe may collect the following Personal Information from you regarding your use of the services provided via the FitLyfe requested by your Employer:
- Demographic and general health and financial information, including date of birth, gender, zip code, height, weight
- Activity data that you enter or upload into your tracking device, webpage or mobile application such as steps activity data, heart rate, stress, weight, sleep and food activity data and other data
- Fitness tracker information you provide
- Medical or lab completion data or claims data submitted by your insurance company, but only if authorized by you through your Employer
- Any additional information that you add manually to the services provided via FitLyfe Sites, including answers to surveys and questionnaires, behavioral and mood information, goals, and preferences
- IP address, unique temporary or persistent device identifiers, and certain hardware information about your computer or mobile device
- User behavior based upon click stream history or contained in log files (e.g. IP address, browser versions, OS versions, internet service provider “ISP” information, date/time stamp, surfing and viewing habits, operating system)
- Information about how users are using the FitLyfe sites and which pages the users have visited
- Geolocation information that is automatically transmitted based on your choice to use of certain tracking devices and applications that automatically provide this information along with other activity data
- Information You Authorize Third-Parties to Provide. You may authorize third-parties to provide certain data, such as fitness tracker information to FitLyfe through third-party devices, applications, or services. By linking your tracking device, tracking application, or certain FitLyfe program accounts through the services provided via FitLyfe,
- FitLyfe will have access to Personal Information collected through such tracking device, tracking application. At any time, you can unlink your tracking device or tracking application to the services provided via the FitLyfe by revoking FitLyfe’s access through the applicable tracking device or tracking application, which stops the flow of Personal Data to FitLyfe. You can also manage the tracking devices or tracking applications linked to your user account for the services provided via the FitLyfe by Unlink device however, your selection does not stop Personal Data from tracking devices or tracking applications from being sent to FitLyfe. Rather, FitLyfe will continue to receive your data from Third-Parties unless you contact such Third-Party and request that they stop sharing your Personal Information with FitLyfe.
- Information Collected from Your Employer. To enable your use of the services provided via FitLyfe, you authorize your Employer to provide FitLyfe your first and last name, email address and employee ID. You also authorize your Employer to provide FitLyfe your date of birth, mailing address and any additional information as required to provide certain options or additional services.
- Healthcare claims data, and pharmacy claims data from third-parties such as your insurance company as requested or provided indirectly by your Employer
- Data concerning health status such as Health Risk Assessments (HRA), Lab data, Risk scores and user responses to questions in HRA with action steps for scheduling and completion of survey(s) and Biometric screenings
- Biometric data such as BMI (body mass index), blood pressure, cholesterol, and related health screenings with action steps for scheduling and completion of tests towards incentives for achieving set thresholds or improving set thresholds, and other health status programs
- Use of Personally Identifiable Information. FitLyfe will preserve the confidentiality of your personal health information collected, and will only use and disclose and transmit your personal information to carry out the activities related to the employee wellness program. Each year all FitLyfe employees, officers, agents and contractors confirm their responsibility to preserve the confidentiality of your personal information. In addition, FitLyfe will ensure that only the minimum necessary number of FitLyfe employees, officers, agents and contractors will have access to your information, in the minimum amount necessary for them to do their job. If applicable, FitLyfe may use your information to send you a report of your screening results and periodically send follow-up educational materials, information about other wellness programs and related resources provided by FitLyfe.
- Email Correspondence. Scattered throughout this Site are links or forms that can be used to contact FitLyfe so you can comment, make a complaint, make suggestions and ask questions. Your email address is required on this form so we can answer your questions. FitLyfe may put information from email on file, but does not currently share, sell, license or transmit this information with third parties without express authorization from you. [INSERT PROCESS OF HOW INDIVIDUAL PROVIDES EXPRESS AUTHORZATION.]
- Encryption Technology. This Site incorporates safeguards to protect the security, integrity and privacy of the personal information FitLyfe has collected. This Site uses Transport Layer Security (“TLS v1.2”) encryption technology to enhance data privacy and help prevent loss, misuse or alteration of the information under FitLyfe’s control and MD5 encryption algorithm to store passwords and other private information. While on a secure page, the lock icon on the bottom of Internet browsers such as Microsoft Internet Explorer, Chrome, Safari and Mozilla Firefox becomes locked, as opposed to unlocked, or open, when you are just “surfing”. This encryption technology, however, does not absolutely guarantee or safeguard the total privacy of user information that has been voluntarily disclosed to this Site. Please note that your email, like most, if not all, non-encrypted Internet communications, may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to FitLyfe. FitLyfe cannot and does not ensure or warrant the security of any information you transmit through this Site. If you have any questions about security of this Site, please contact FitLyfe’s privacy officer at email@example.com.
- Log Files. FitLyfe automatically collects and stores in log files the Internet Protocol (“IP”) address of the computer you are using, the name of the domain and host from which you access the Internet, the browser software you use and your operating system, the date and time you access the service, and the Internet address of the website from which you directly linked to FitLyfe. We may combine this automatically collected log information with other information we collect about you. FitLyfe uses this log file information to analyze trends, administer the service, and monitor service traffic and usage patterns for internal security purposes and to help make the FitLyfe service more useful.
- Employer Health Plans. Use of this Site may be offered to you by your employer as part of a health plan it sponsors or as a service for all or a portion of its employees. If your employer administers a financial incentive program in connection with your use of this Site, FitLyfe may inform your employer whether or not you qualify for such incentive based upon your participation in the program and/or your health score. Absent your express written consent, which you may grant or deny in your sole discretion by [INSERT PROCESS OF HOW TO PROVIDE EXPRESS WRITTEN CONSENT], FitLyfe will NOT disclose to your employer any of your screening results or other personal information that identifies you. To the extent permitted by law, FitLyfe may disclose personal information that identifies you to your employer sponsor health plans which must keep the information confidential and only use it for plan administration purposes, not for discriminatory purposes. You may block access to your personal information by adjusting the privacy setting in User Preferences. Please note that blocking access to personal information may affect your ability to fully participate in the employee wellness program. Please contact FitLyfe’s privacy officer at firstname.lastname@example.org to learn more.
- Other Health-Related Programs. Your employer may offer enrollees other health and wellness services and programs, such as disease management programs, disability management, or other like, ancillary health-related programs. If requested by your employer, FitLyfe may disclose screening results and/or other personal information that identifies you to such EAP, disease management providers or other organizations providing services to your health plan (collectively, “Other Providers”) in order to assist you with additional or counseling needs. If you do not want your screening results or other personal health information shared with Other Providers, you should submit a request in writing to FitLyfe via email at email@example.com or by mail to:
BSoft Solutions, Inc. dba FitLyfe
Attn: Privacy Officer
P.O. Box 8491
Algonquin, IL 60102
- Aggregate Information. FitLyfe also may use your profile information on an aggregate basis without personal identifiers to provide our editors with information that is useful in developing new features and content for this Site. FitLyfe reserves the right to perform statistical analyses of user behavior (on an aggregate basis) in order to measure interest in and use of the various areas of this Site.
Access and Retention of Information. You may access your information and update or modify the information by contacting us as described below. An individual who seeks to access, change, correct, or remove Personal Information should direct their inquiry to the applicable Employer. If you have any questions regarding this, we will respond to requests within thirty (30) days.
We will retain and use your Personal Information only to the extent it is necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We have established internal policies for the deletion of data from customer accounts following termination of a customer’s account with our Services.
You can make any of the access and choice requests below by emailing firstname.lastname@example.org
- Disclosure of Customer Information Through Business Transfers. As FitLyfe continues to develop our business, FitLyfe may buy, merge or partner with other companies or businesses, and in so doing, acquire customer information. In such transactions, information collected through this Site may be among the transferred assets. Similarly, in the unlikely event that a portion or substantially all of FitLyfe’ assets are sold or transferred to a third party, such information would likely be one of the transferred business assets.
DISCLAIMERS; LIMITATIONS ON LIABILITY AND CLAIMS.
- Typographical Errors. Our goal is to provide complete, accurate, up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. FitLyfe therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
- No Warranties. Neither FitLyfe nor your health plan make any representation or warranty concerning errors, omissions, delays or other defects in the information supplied to users, or that its files are free of viruses, worms, Trojan horses or other code that include or manifest contaminating or destructive characteristics.
- Disclaimer. Information supplied by FitLyfe on this site is provided “as is” and “with all faults”. Neither FitLyfe, its subsidiaries or affiliates, nor any of their respective owners, staff, or agents make any representation or warranty with respect to the contents of this site or information furnished by them or our agents, employees or representatives and specifically disclaim to the fullest extent permitted by law any and all warranties, express or implied, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, non-infringement, fitness for any particular use, application and purpose.
- Limitation of Liability. By entering or using this site, you hereby expressly agree that FitLyfe, its parent companies, officers, directors, agents and employees, shall not be liable to you for any damages, claims, demands or causes of action, direct or indirect, special, incidental, consequential, exemplary, or punitive, as a result of your use of this site or any information you obtain on it or any other interaction with this site. In doing so, you agree that you are waiving voluntarily and unequivocally any liability of FitLyfe and your health plan. Please note that some jurisdictions may not allow the exclusion or limitation of certain warranties, so some of the above exclusions may not apply to you.
- Governing Law. These Notice of Privacy Practices and the application of these provisions, disclosures and disclaimers and all other matters arising from your use of this Site or of any information you obtain from this Site shall be governed by the laws of the United States of America and the State of Illinois.
Binding Arbitration. You agree that any dispute arising out of or relating in any way to your use of this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate FitLyfe’ intellectual property rights, FitLyfe may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Chicago, Illinois, United States, in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Notice of Privacy Practices, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.
Because the use of this site requires the arbitration of any claims or disputes existing between the parties, neither party will have the right to pursue that claim in court or before a judge or jury or to participate in a class action or any other collective or representative proceeding. The arbitrators’ decision will be final and binding. Other rights that either party would have if such party went to court, including without limitation the right to conduct discovery or to appeal, may be limited or unavailable in arbitration.
- Arbitration Award. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the non-exclusive jurisdiction of the courts of the State of Illinois or to any Federal court located within the State of Illinois for any action (1) to compel arbitration, (2) to enforce any award of the arbitrators, or (3) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (ii) to service of process in any such action by registered mail or any other means provided by law.
- Jurisdiction; Venue. Should this Section 6 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Chicago, Illinois, and you and FitLyfe hereby expressly consent to the exercise of jurisdiction by such courts.
GOVERNING LAW; DISPUTE RESOLUTION.
- No Medical Questions. Please do not send personal medical questions to FitLyfe through this Site. With respect to other communications to FitLyfe or its affiliates, FitLyfe does not guarantee that it will respond to all inquiries.
- Notices. Any notice to FitLyfe shall be given in writing and sent by certified and registered mail to
BSoft Solutions, Inc. dba FitLyfe
Attention: Legal Department
P.O. Box 1894
Algonquin, IL 60102
Updated June 12, 2018