Effective Date: 1/24/2018
We believe information about our products or services might help you better understand our data collection and use practices related to those products or services.
We will not sell your information to third parties, including data brokers or marketers, without obtaining a separate consent from you to do so. Unless you provide consent, we do not allow third parties to advertise to Users on the App/Website.
Information You Provide Directly to Optum
When you use the App/Website, you may provide certain information directly to us including where you use the App/Website to direct and authorize us to obtain information about you from other sources.
For example, without limitation, when you use the Services, you may choose to provide us with information about yourself in connection with registration for the App/Website as well as responses to questions about your health and lifestyle, and you may choose to enter information about yourself into areas of the App/Website such as Social and your Profile Page. There are certain services you will only be able to access by registering with us and providing the information described below. In order to create or reconfigure an account, you will be expected to provide certain information, including your name, personal contact details (location and email address), date of birth and gender. You will also be expected to provide us with health-related information, including, without limitation: details about any of your previous health concerns or clinical issues, details about your family history (especially relating to health concerns or clinical issues), details about your lifestyle and activities (including GPS data) and clinical information. You understand that if you volunteer information of that nature we will use it to provide the specific Services you have requested. When you create an account on the App/Website, your account information will include a User name you have chosen, and your account will be protected by a password of your choosing.
If you give us information on behalf of someone else, you should only do so if the other person has appointed you to act on his or her behalf and has agreed that you can: give consent on his or her behalf to the processing of his or her personal data; receive on his or her behalf any data protection notices; give consent to the transfer of his or her personal data abroad; and give consent to the processing of his or her sensitive personal data, such as health information. We may request verification of the third party’s consent in these cases.
Certain Information in the Services is Visible to Other Users
When you use the Services, certain information in the Services is visible to other Users.
Your Optum User Name
When you register to use the Services, Optum requires that you choose a display name (a "User name") that will be visible to other Users of the Services as it will appear on your profile page and when you post information in public areas of the App/Website, through our desktop application and/or through associated mobile applications. Please be careful when you choose your User name. If you choose a User name that reveals your name or identity, you may disclose your identifiable information to other Users as a result. We may disclose your User name in a public area of the App/Website if you win a reward or contest. Additionally, notwithstanding the above, we may provide your User name to your Health Insurer (defined below) for the limited purpose of permitting your Health Insurer to connect you with coaching or related services.
Your Profile and Public Areas of the App/Website
Each registered User of the Services has a profile page that displays to other Users their User name and the photo (profile picture) they have chosen. A User can see the following information of their friends: User name; first name; second name; number of friends (if provided by the friend User); ‘About Me’ text; social media links; photo and background photo.
In the Privacy and Security settings of the App/Website, Users can manage “sharing options” for each of the different data elements of their profile: Health Score, Workouts, and Achievements. The optional settings are:
A. None: only you as the User of your account will be able to see your information.
B. Friends: only friends on the App/Website that you have confirmed can see your information.
C. Groups: only specific groups to which you belong can see your information.
D. Public: anyone on the platform will be able see your information.
The default setting for the Visible Data will be ‘Public’, but you can change the privacy settings of your account at any time, either when you create your account or at any time thereafter. Sensitive personal data, including but not limited to weight and blood pressure, will not be visible to other Users.
Public Areas of the App/Website
Optum provides public areas of our App/Website, such as, challenges, and sharing workouts or activities, that operate as a public or community within the App/Website in which Users can choose to share information with other Users. For example, by participating in a public challenge or company challenge, information such as your User name and your activity levels (e.g., your distance traveled (or similar information) and your ranking), can be viewed by other Users. You acknowledge and accept that if you share information in public areas of the App/Website, the App/Website may display this information to other Users and other Users may view that information in association with your profile and any publicly visible information contained in your profile. You should not enter any information you feel uncomfortable sharing publicly into public areas of the App/Website such as Social. To request removal of your information from an area of the App/Website that operates as a public or community, contact us at privacy@Optum.com, and provide us with a description of the content and the particular forum in which the content is located. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to do so and why.
Exchange of Direct Messages with Resources Such as Coaches and Posting Comments (Within the App/Website)
As part of the Services, Optum may allow Users to: (i) send direct messages on the App/Website to resources such as coaches; and (ii) receive direct messages on the App/Website from resources such as coaches. Optum may also allow Users to post comments on information (such as workouts) posted by others. To the extent that you include information, such as health information, in your private messages or comments, you understand that such information will be viewable by the recipients of your messages and/or other Users of the App/Website.
Information We Collect from Third Parties
For example, without limitation, when you use the Services, Optum Partners may directly or indirectly provide us with information to help confirm your eligibility for services and connect you with applicable services, and help complete your health survey.
Information that is Automatically Collected
We may use automated means to collect information about you, your computer or other device that you used to access the App/Website, and your use of the App/Website. These automated means include common technologies such as cookies or similar technologies. These technologies help us to administer the Services, track Users’ interactions with the Services, gather demographic information about our user base as a whole, and otherwise provide you with relevant content. We collect information from and about the devices you use to access the Services. This includes information such as Internet Protocol (“IP”) addresses, the type of browser and device you use, the region and language settings on your device, and identifiers associated with your devices. Where you have given consent, your devices, depending on their settings, may also transmit location information to us, to enable you to receive more relevant information from third party service providers and vendors acting on our behalf where you have agreed to receive such information.
We will also automatically collect, review and store information about your interactions with the Services, such as page response times, page interaction information (such as scrolling, clicks, and mouse-overs), technical data (including crash reports), and the web page you visited before coming to our website or go to after our website.
Cookies and Tokens
Cookies are files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings on your device. Our App/Website may use session cookies to better understand how you interact with our services, to monitor aggregate usage by Users and to improve our services. Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. You also may be able to delete your Flash cookies or adjust your Flash cookie settings by visiting the Adobe Flash Website Storage Settings Manager (opens in new window). Please note, however, that without cookies you may not be able to use all of the features of our App/Website.
Our cookies, tokens and similar technologies (collectively, "Tracking Technologies") also are used for administering the App/Website, including without limitation, for authentication, to remember Users’ settings, to customize the content and layout of the App/Website for Users, to contact you about the App/Website, and to improve our internal operations, the content of our App/Website and our services. Users may be able to control the use of, or reject or disable, some Tracking Technologies at the individual browser level. If you reject or disable Tracking Technologies, you may still use our App/Website, but your ability to use some features or areas of the App/Website may be limited. We use Tracking Technologies to identify your device and keep track of your Internet session with our App/Website. Using these Tracking Technologies, we may automatically end your session on our App/Website after a period of inactivity (as determined by us in our sole discretion). We also use Tracking Technologies that allow us to recognize your device when you return to the App/Website within a certain period of time (as determined by us in our sole discretion) and automatically log you back into your account with us. UNLESS YOU AFFIRMATIVELY LOG OUT of your account PRIOR TO YOUR SESSION ENDING (whether by you or by us), YOU WILL BE AUTOMATICALLY LOGGED BACK IN THE NEXT TIME YOU OR ANY USER OF YOUR DEVICE VISITS OUR SITE within the period of time determined by us. If you do not wish to be automatically logged back in when you (or someone using your device) next initiate a session with our App/Website (using the same device that is being used for your current session), you should log out of your account (i) prior to ending your session, or (ii) if you will be inactive on our App/Website for more than a few minutes.
In conjunction with the gathering of data through cookies and in order to determine errors, Web servers may log records such as your device type, operating system type, device advertising identifier, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. The Web server logs also may record the address of the Web page that referred you to our App/Website, the IP address (and associated city and state or province for the IP address) of the device you use to connect to the Internet, and data about your interaction with our App/Website, such as which pages you visit.
We may use third-party web analytics services on our App/Website, such as those of Adobe Analytics. These service providers use the sort of technology described in this “Information that is Automatically Collected” section to help us analyze how Users use the App/Website, including by noting the third-party Web site from which Users arrive. The information (including your IP address) collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the App/Website. To prevent Adobe Analytics from using your information for analytics, you may visit the Adobe Opt Out page by clicking here (opens in a new window).
Additional Technologies on mywellbeingsolution.com and Other Websites
Mobile Application Technologies
When using mobile applications, information may be stored and processed temporarily on your mobile device. By accessing mobile applications operated by Optum to provide the Services, you agree to the transfer and temporary storage of information. Our mobile applications may collect information specific to use of your mobile device, such as unique device identifier and, with your consent, precise geolocation information, motion coprocessor data (e.g., recording information such as steps, distance, and elevation), accelerometer data (showing whether you're stationary or moving), and gyroscope data. Our mobile applications may also collect technical information about your mobile device and system and application software (such as the type of phone, operating system and IP address), as well as information regarding patterns of app usage.
We obtain location data from your device to provide location-related services, e.g., tracking workouts and reporting services, via the mobile application. We do not store information about your location after the service is performed or share your location data with third-parties. You can withdraw consent to use precise, real-time or network location data at any time by turning off the location-based feature on your mobile device or by not using any location-based features. If you withdraw consent, functionality associated with precise, real-time or network location, e.g., navigation, will no longer work.
Use and Storage of Information to Provide You with the App/Website and Related Services
Optum, and any third party vendors acting on Optum’s behalf, may use and store your information to perform activities associated with providing you with the App/Website and Services such as: (i) registering you to use the App/Website and otherwise logging you into the App/Website, including the authentication of your identity, where applicable, and otherwise enabling your access to the App/Website; (ii) resolving disputes and/or troubleshooting problems; (iii) verifying your compliance with your obligations in our Terms of Service or other Optum policies; (iv) improving the quality of the App/Website, (v) fulfilling any request you make; (vi) communicating with you; (vii) connecting you with and providing you with information about services, providers of services, rewards, resources or programs to which you may have access; (viii) providing you with App/Website content, including, without limitation, generating recommendations (such as recommended App/Website activities), and processing your preferences and requests; (ix) analyzing, customizing, and personalizing the App/Website, including through the delivery of tailored content and communications; (x) providing you with a Health Score; (xi) providing you with information about your health, including potential risks based on your clinical background and lifestyle; and (xii) otherwise as directed by you or provided for herein. Except where prohibited by law, and only to the extent permitted by Optum’s agreements with applicable Optum Partners, we may also use your information in connection with any other services we make available to you.
Optum’s legal basis to process your information includes processing that is necessary for Optum’s legitimate interests, including those described above, to carry out the functions necessary to provide you with the App/Website and the Services. It is also based on your consent, which may subsequently be withdrawn at any time by contacting us at privacy@Optum.com, without affecting the lawfulness of processing based on consent before its withdrawal.
Automated Decision Making
We use automated decision-making technologies to support our data processing activities. Our automated decision-making capabilities include logic that gives information to our Users based on User inputted responses. By using this logic, it helps us create a more personalized experience. This means for our Users that you receive information that is more relevant to you. Logic/decisions that are made by the system to give information to the user based on user-inputted responses. This logic creates a more personalized experience based on inputs from the user and more relevant information is presented to the user as a result. It is based on data entered by the user, manually or by automatic tracking, the system triggers different messages, questions and hints from time to time. What messages are triggered at what time is described as platform content and content logic such as events, conditions, importance or cool-downs.
Additional Information Regarding Use of Information for Communications with You
Optum, Optum Partners, and any third party vendors acting on Optum's behalf, may also use your information to communicate with you (including, without limitation, via email and/or mobile push notifications) about the App/Website and/or our products and Services (and related features and functionality) or those of any Optum Partner that is providing services to you. Our communications to you will include, without limitation, contacting you at the email address(es) that you use to register for our App/Website to communicate with you regarding the App/Website and actions that you take in connection with the App/Website and/or the Services, including, without limitation, sending motivational emails and reminders.
Your Choices Regarding Our Communications with You
Creation and Use of Combined Data, De-Identified Data, and Aggregated Data
As permitted by law and by Optum’s agreements with applicable Optum Partners, Optum, and any third party vendors acting on Optum’s behalf, may aggregate and/or de-identify your information (meaning you are no longer identifiable from it), and/or with your consent combine your information with other information maintained or available to Optum, and use or disclose such information as follows:
· We may disclose de-identified data, in anonymized form, for academic and statistical purposes.
· We may use aggregated or combined data to communicate with you about the App/Website and/or our products and services and disclose such aggregated or combined data to Optum Partners in connection with providing the App/Website.
· We may also use and disclose de-identified data, de-identified aggregated data, and/or de-identified combined data for any business purpose, which may include, without limitation, improving our products and services, conducting analytics such as evaluating our App/Website and developing additional benefits, programs, and services, and disclosing to Optum Partners for analytics purposes.
Retention of Data
Your information will be retained only for so long as reasonably necessary for the purposes set out above, in accordance with applicable laws. This is subject to our retention of information where necessary (a) in connection with any legal proceedings (including prospective legal proceedings), obtaining legal advice or otherwise establishing exercising or defending legal rights; and (b) for medical purposes undertaken by a health professional or any person who in the circumstances is subject to an equivalent duty of confidentiality.
We may share your information in the following circumstances:
Disclosures to Service Providers and Optum Partners
Optum, and third party vendors acting on our behalf, may disclose your information to Optum Partners, third party service providers, or vendors acting on our behalf for the purpose of providing the App/Website and related services to you or other Users, including, without limitation, registering you to use the App/Website (e.g., authenticating your identity), logging you into the App/Website, providing you with information you have requested through the App/Website or related services, facilitating your benefits enrollment, administering and providing rewards related to your use of the App/Website, providing customer service, and connecting you with resources and other services (e.g., coaching services). Third party service providers or vendors acting on our behalf are authorized to use your information only in connection with providing these services to us or as required by law.
Additional Disclosures with Your Consent
Safety, Security and Compliance with Law
Subsidiaries and Affiliated Companies
Sale, Merger or Similar Transaction
Uses and Disclosures as Required or Permitted by Law, Including Research, Health Care Operations, and Public Health
To the extent not prohibited by law or precluded by Optum’s agreements with the applicable Optum Partner, Optum, and any third party vendors acting on Optum’s behalf, may use and disclose your information: (a) as required or permitted by law; (b) for Research purposes; (c) for purposes of Health Care Operations of the applicable Optum Partner; and (d) for Public Health, as each is defined and in accordance with HIPAA.
We Do Not Control the Privacy Policies of Third Parties
The security of your information is important to us. We follow security standards to protect the information submitted to us, both during transmission and once we receive it. These safeguards vary based on the sensitivity of the information that we collect, process and store and the current state of technology. For example, we restrict access to information to those Optum employees or third party vendors who needs access to such information in order to provide the Services. We maintain appropriate physical, electronic and procedural safeguards to protect your information, including firewalls, individual passwords and encryption and authentication technology, and take all other necessary and adequate administrative, organizational, technical, personnel and physical measures to safeguard the same against unauthorized or unlawful processing and use, accidental loss or destruction or damage, theft, disclosure or modification and to ensure its integrity. Please note that Optum uses encryption software that may be subject to export control regulations.
No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. When disclosing any information via an open network, such as the Internet or email, you should consider that it is potentially accessible to others. If you have any questions about security on our App/Website, you can contact us at privacy@Optum.com.
Be Sure to Log Off When Using Public or Third Party Computers
As described above, we use Tracking Technologies that automatically log you back into your account with us unless you affirmatively log out of your account prior to your session ending (whether you end your session or we end your session, for example if our App/Website has "timed out" – i.e. we have ended your session automatically after a period of inactivity as determined by us in our sole discretion). If you log into the App/Website using a public computer or device, or a computer or device of that belongs to or is shared with another person, you should affirmatively log out of your account. Otherwise, the next user of that computer or device may be able to access your account and your information in your account if your session has not ended.
Your Use of Persistent Login
If you choose to use a persistent log-in in your account, for example, by having our mobile application remember your user email address and/or password, others may be able to access information through your device. If you are concerned about the unauthorized use or disclosure of information via persistent login, you should elect to not use the persistent log-in feature.
Transfer of Information
Users are entitled, in accordance with applicable law, to object to or request restriction of processing of their personal data, and to request access to, rectification, erasure and portability of their own information. Requests should be submitted by contacting us at privacy@Optum.com. We will respond to your request within a reasonable timeframe under the circumstances of your request, and in any case in accordance with legal requirements.
As well as using the contact details above, you may update and/or delete certain information by logging into the App/Website and updating your account. Please remember, however, if we have already disclosed some of this information to third parties, we cannot access that information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. Additionally, if you modify certain information on our App/Website that we received from a third party, we reserve the right, but are not obligated, to share the updated information back to that third party. As a result, you will need to provide updated information to those third parties if you want to be sure they have your updates. Certain information is necessary in order for us to provide the App/Website and the Services; therefore, if you delete such necessary information you will not be able to use the App/Website or receive the Services.
The App/Website is not directed to children under the age of 16, and children under the age of 16 years of age are not eligible to use our App/Website. Protecting the privacy of children is very important to us. We do not collect information from people we actually know are under 16 years of age, and no part of our App/Website is designed to attract people under 16 years of age. If we later learn that an individual has provided us with their information and they are under 16 years of age, we will take steps to remove that User's information from our databases and to prevent the User from utilizing the App/Website.