Privacy Policy

 

Effective Date:  1/24/2018

Contents of this Privacy Policy

·       About this Privacy Policy and Our Commitment to Your Privacy

·       Information Addressed by this Privacy Policy

·       Use of Information

·       Disclosure of Information

·       Security Practices

·       Managing and Updating Information: Your Rights

·       Modifications to this Privacy Policy

 

About this Privacy Policy and Our Commitment to Your Privacy

Optum Health & Technology (US) LLC ("Optum", "we", "us", "our") provides app-based and online products and services (collectively, the “App/Website”) that may, among other things, provide you with tools to engage in health and lifestyle-related activities.  We provide this privacy policy (“Privacy Policy”) to outline the information Optum collects from users of the App/Website (“Users”, “you”) and how we may use and disclose this information.   It also describes the choices available to you regarding our use of your information and how you can manage and update this information.  All products and services that are governed by this Privacy Policy will include a link to and/or copy of this Privacy Policy on the home page of the applicable website or mobile application.  Optum is the primary data controller for the processing of your information.

Products and Services Covered by this Privacy Policy

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. 

Our products and services covered by this Privacy Policy (the “Services”) provide primarily participants in international employee assistance programs or corporate wellness services with the ability to engage in health and lifestyle-related activities through our App/Website.  These include, without limitation: obtaining a Health Score; participating in individual and corporate fitness activity challenges among Users; tracking your progress toward achieving various goals; interacting with coaches; accessing resources that may be available to you; interacting with other Users; accessing your personal health profile ; lifestyle feedback and data analytics; as well as related programs, products, and services.

Your Consent to this Privacy Policy by Using the App/Website

Please read this Privacy Policy carefully.  As described in this Privacy Policy, we may use and disclose your information to provide you with products and services and to improve your experience using those products and services.  By using the App/Website, or any other website, online service or mobile application where this Privacy Policy is posted, you agree to our collection, use, disclosure, and storage of information as described in this Privacy Policy.

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. 

How to Contact Us with Questions about this Privacy Policy

If you have questions or complaints regarding our Privacy Policy or privacy practices, please contact us at: Attn: Optum Privacy Office, Optum UK, 5 Merchant Square, Paddington, London W2 1AS or privacy@Optum.com.

 

Information Addressed by this Privacy Policy

We want you to have a clear understanding of the information addressed by this Privacy Policy. We will collect information about you in a variety of ways, including directly from you, through automatic means, or from third parties.  The information that is collected depends on how you use 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

Optum enters into business relationships with business partners including: healthcare providers and/or networks of healthcare providers ("Providers"), health plans or health insurers, including, without limitation, employer-sponsored health plans ("Health Insurers"), and companies that contract with Providers, Health Insurers, and/or Optum ("Contractors") to make Optum’s services available to Users who are patients of such Providers or enrollees, members, or participants of such Health Insurers or Contractors. Optum’s business partners such as Providers, Health Insurers, and Contractors are collectively referred to in this Privacy Policy as "Optum Partners." When you use the App/Website, we may collect information about you, directly or indirectly, from or through applicable Optum Partners as well as other Users on the App/Website. With your consent, we may also collect information from other 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.

Web Logs

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.

Online Analytics

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

Apart from our Health Services and Benefit Selection Tools, respectively, our corporate and other websites such as mywellbeingsolution.com may contain additional technologies such as those described here. Mywellbeingsolution.com includes social media features, such as the Facebook button, and widgets, such as the Share This button or interactive mini-programs that run on the website. These features may collect your Internet Protocol address, which page you are visiting on the mywellbeingsolution.com website, and may set a cookie to enable the feature to function properly.  Mywellbeingsolution.com may also contain plug-ins enabling integration with tracking devices and apps including, without limitation, Fitbit, Garmin, Runkeeper and Strava.  When you engage with our content on or through social media services or other third party platforms, plug-ins, integrations or applications, you may allow us to have access to certain information in your profile on those services, platforms, plug-ins, integrations or applications. For a description on how social media services and other third party platforms, plug-ins, integrations or applications handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings.

On mywellbeingsolution.com and other websites, we may also allow third party service providers to use cookies and other technologies to collect information and to track browsing activity over time and across third party websites such as web browsers used to read our App/Website, which websites are referring traffic or linking to the websites, and to deliver targeted advertisements to you on third party websites. We do not control these third party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third party advertising networks and similar entities that use these technologies, see http://www.aboutads.info/consumers, and to opt-out of such ad networks’ and services’ advertising practices, go to www.aboutads.info/choices and http://www.networkadvertising.org/choices. Once you click the link, you may choose to opt-out of such advertising from all participating advertising companies or only advertising provided by specific advertising companies. We do not control these opt-out choices.

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 of Information

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

In accordance with applicable law, we will offer you the opportunity to opt-in or opt-out of certain communications, such as, for example, communications that deal with any of our products or services you are not using but that we think might be of interest to you. Where applicable, you can opt-out by following the unsubscribe instructions included in Optum emails, turning off Optum push notifications in your mobile phone settings (where available), or accessing the email settings in your settings page on the App/Website. However, even if you opt out of such communications, you may continue to receive other transactional, relationship, and/or administrative communications from or through Optum that are important or related to your Optum account or the products and services you are using (such as, for example, a notice that there has been a change in one of your services or a change to this Privacy Policy). Please also note that you, not Optum, have control over certain settings for how communications such as emails and push notifications are displayed on your devices, and the settings you select will affect how Optum’s communications are displayed (e.g., whether they are visible on a locked screen and whether a preview of message content is displayed).

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.

Disclosure of Information

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

With your consent, we may share your information with third parties or allow them to collect information from the App/Website in some ways not specifically described in this Privacy Policy. 

Safety, Security and Compliance with Law

Your information and the contents of your communications through the App/Website may be disclosed to third parties as required by applicable law where Optum or third party vendors operating on our behalf are located, such as to comply with a subpoena or similar legal process, or when we reasonably believe disclosure is necessary to: protect our rights; enforce the Terms of Use (including investigations of a potential violation thereof); protect your safety or the safety of others; detect, prevent or investigate fraud; report improper or unlawful activity; respond to User support requests; or respond to a government request.

Subsidiaries and Affiliated Companies

Except where prohibited by law or precluded by contract, we may share your information with any subsidiaries or other affiliated companies under common control with Optum for the purposes set out in this Privacy Policy.

Sale, Merger or Similar Transaction

We may share your information in connection with any merger, reorganization, a sale of some or all our assets, a financing or acquisition of all or a portion of our business by another company, or to a receiver, trustee or successor in interest in bankruptcy, in which case such company may continue to process your information as set forth in this Privacy Policy (except where prohibited by law).

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

Our App/Website may contain links that enable you to visit or use other third party websites, resources or programs that are not operated by Optum.  We do not have control over the other websites, resources, or programs that you choose to visit, and this Privacy Policy does not apply to information collected or that you provide while visiting such other websites, resources, or programs.  Connecting to or otherwise accessing such other websites, resources, or programs is at your own risk.  You should refer to the privacy policies, if any, applicable to the other websites, resources, or programs.

 

Security Practices

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

The App/Website, and your information, is hosted in Switzerland, in a database reported to and registered with the Federal Data Commissioner pursuant to Article 11a para. 3 of the Swiss Federal Data Protection Act dated June 19, 1992.  By using the App/Website, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in our Privacy Policy. If you are using the App/Website from within the European Economic Area, please be aware that your information may be transferred to the United States in order to process customer service inquiries. We implement measures such as standard data protection contractual clauses to ensure that any transferred information remains protected and secure. A copy of these clauses can be obtained by contacting us as specified in the “How to Contact Us” section of this Privacy Policy.

 

Managing and Updating Information: Your Rights

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.

If you wish to have your account deactivated, you may contact us at privacy@Optum.com, or follow the instructions on the App/Website.  If you became a User through an Optum Partner’s participation in one of our programs, you should also contact that Optum Partner, as well.  After we receive your request, within a reasonable timeframe under the circumstances of your request, we will deactivate your account.  For up to 30 days it will be possible to recover your account if it was deactivated by mistake.  After 30 days, we begin the process of deleting your account permanently from our systems and your account may become non-recoverable.  You acknowledge that any content posted by you on the App/Website cannot be recovered after the deletion of your account.  Please note, however, that: 1) Optum (and our third party vendors acting on our behalf), our Optum Partners, and any other applicable third parties may continue to use and share for any purpose de-identified data and aggregated or combined data developed using your information that has been de-identified and 2) Optum may continue to use information in your deactivated account for compliance with applicable regulations.  Also, please note that even though you may deactivate your account or request the deletion of your information, we may be required (by law or otherwise, such as to prevent fraud, resolve disputes, or troubleshoot problems) to retain this information, in which case we will comply with your deletion request only after we have fulfilled such requirements.  We may also keep a copy of your information to protect our legal rights, such as in connection with your use of the App/Website or your agreement to our Terms of Use, as permitted or required by applicable law.

We hope that we can answer any questions you have about this Privacy Policy and our collection and processing of your personal information. However, if you consider that Optum’s processing of your information infringes applicable law, you have the right to lodge a complaint with your national supervisory authority responsible for ensuring the protection of personal data.

Children

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.

 

Modifications to this Privacy Policy

From time to time, we may update this Privacy Policy to reflect changes to our information practices. If we make changes to this Privacy Policy, they will be reflected in an updated Privacy Policy that will be posted on the App/Website, and all changes will be effective upon such posting or upon any later date specified by us in writing.  We encourage you to periodically review this page for the latest information on our privacy practices. You can determine when this Privacy Policy was last revised by referring to the "Effective Date" legend at the top of this Privacy Policy. By continuing to use the App/Website or any services following the effective date of any updated Privacy Policy, you are agreeing to be bound by the terms and conditions of such updated Privacy Policy.

 

Terms and Conditions of Use

 

Introduction and Acceptance of Terms

The App/Website and Services

Termination

Important Disclaimer

Registration

Security

Public Challenge Disclaimer

Acceptable Use

User-Generated Content

Linking to or from Other Websites

Intellectual Property Rights and Ownership

Your Undertakings

Rights and Liabilities

Assignment and Sub-Contracting

Additional Terms for Mobile Applications

General

Contact

UK Residents: Alternative Dispute Resolution

 

1.             INTRODUCTION AND ACCEPTANCE OF TERMS

1.1             We are OPTUM HEALTH & TECHNOLOGY (US) LLC, a company registered in  under the United States and whose registered office is located at  11469 Olive Blvd., PMB 314, Creve Coeur, MO 63141, USA  (“we”, “our” or “us”). To contact us, please email privacy@Optum.com.  We operate the website mywellbeingsolution.com and its associated websites and mobile applications (together, the “App/Website”).

1.2             These terms and conditions (the “Terms”) tell you information about us and the legal terms and conditions on which we provide the Services (as defined in section 2 below) and access to the App/Website to you, as both a visitor and a registered User. Please read these terms carefully before you access or use the App/Website or the Services. By using the App/Website or by registering as a User, you confirm that you accept these Terms and that you agree to comply with them.

1.3             Information about our privacy practices can be found in our Privacy Policy. Please take the time to read the Privacy Policy, as it includes important information about how we use your data. The Privacy Policy is incorporated herein by reference and forms a part of this agreement between you and us.  By using the App/Website, you consent to such use of personal information and you warrant that all data provided by you is accurate.

1.4             References in these Terms to “you” (and “Users”) are to the individual using the App/Website and the Services for private and non-commercial purposes.

1.5             Unless otherwise indicated in these Terms, the App/Website and the Services are not intended or designed to be used by children under the age of 16. You may not use the App/Website or Services if you are under the age of 16.

1.6             You should print a copy of these Terms or save them to your computer for future reference.

1.7             We amend these Terms from time to time. Every time you use the Services, the Terms in force at that time will apply to such use of the Services. Every time you wish to use the Services, please check these Terms to ensure you understand the terms which will apply at that time. You can determine when these Terms were last revised by referring to the “Effective Date” legend at the top of these Terms. All major and material changes to these Terms will be notified to you in advance of such changes taking effect. If any change is unacceptable to you, you should terminate your use of the Services and/or close your account. If, however, you continue to use the Services after the date on which the changes to these Terms come into effect, you will be deemed to have accepted those changes.

2.             THE APP/WEBSITE AND SERVICES

2.1             At Optum, we understand the importance of healthy lifestyles for you and the ones you love. Our company is here to encourage you to set goals, understand your healthcare options, and, above all, be an informed healthcare consumer. We want you to have resources to track your own health conditions and reach out to people who can both understand and support you and your needs.

2.2             We provide participants in international employee assistance programs or corporate wellness services with the ability to engage in health and lifestyle-related activities through our App/Website.  These include, without limitation: obtaining a Health Score; participating in individual and corporate fitness activity challenges among Users; tracking your progress toward achieving various goals; interacting with coaches; accessing resources that may be available to you; interacting with other Users; accessing your personal health record; participating in community or group discussion forums or company groups; collecting points redeemable for rewards; lifestyle feedback and data analytics; as well as related programs, products, and services (together, the “Services”).

2.3             We may update and change the App/Website from time to time, to reflect changes to the services we offer, our business priorities and/or our customers’ needs.

2.4             The App/Website is made available free of charge. We do not guarantee that the App/Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the App/Website for business and operational reasons.

2.5             You are responsible for ensuring that all persons who access the App/Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

2.6             We reserve the right to make changes to the Services which are necessary in order to comply with statutory requirements, address a security threat, or which otherwise do not materially affect the nature or quality of the Services.

2.7             We may make changes of a significant nature to the Services, but if we do so we will notify you before the changes take effect.

2.8             The App/Website and Services are provided solely for your benefit.  We accept no responsibility to any other party.

2.9             The App/Website is directed to people residing in the United Kingdom and is solely for the promotion and provision of the Services in those countries.  We do not represent that the content, products or Services available on or through the App/Website are appropriate for use or available in other locations.

3.             TERMINATION

3.1             We may terminate and delete your account at any time at our discretion by giving you not less than 30 days’ written notice.

3.2             Notwithstanding section 3.1, we may terminate and delete your account with immediate effect by written notice to you if you are in breach of any of these Terms.

3.3             Upon termination and deletion of your account for any reason:

3.3.1             your access to the Services will be blocked;

3.3.2             the accrued rights, remedies, obligations and liabilities of each party as of termination shall not be affected, including the right to claim damages in respect of any breach of the Terms which existed at or before the date of termination; and

3.3.3             any sections of the Terms which expressly or by implication have effect after termination shall continue in full force and effect.

4.             IMPORTANT DISCLAIMER

4.1             Optum is committed to bringing you a wealth of information on health conditions, and a wide array of tools and online communities that will allow you to share your health experiences and knowledge and gain access to information provided by others.  However, while we attempt to ensure the accuracy of the information provided on the App/Website, we cannot guarantee that it is always correct or up-to-date.  Also, we are not responsible for communications posted by others in public areas of the App/Website.

4.2             The App/Website and Services are designed for informational and entertainment purposes only. Please do not rely on the App/Website or Services to make lifestyle, provider or medical decisions. These decisions are personal to you and should be made in consultation with your individual healthcare providers. Optum does not provide medical, diagnosis or treatment advice and the tools and algorithms deployed on the App/Website and via the Services are not intended to diagnose, manage or monitor disease.  For purposes of these Terms, medical, diagnosis or treatment advice includes, without limitation, psychiatry, psychology, medical, nursing, or professional healthcare advice or services such as nutrition or dietary advice, or the practice of medicine, nursing, or professional healthcare, psychotherapy, or providing healthcare treatment, instructions, diagnosis, prognosis or advice.  When using the Services you are doing so at your own risk, and you must take full responsibility for the effects on your body that you may experience along the way.  Any guidance we may provide is no substitute for professional medical advice. If you need medical advice or treatment, please speak with a healthcare professional.

4.3             Without limitation to the foregoing, the Services may not be appropriate if you have certain medical conditions. Always seek the advice of your doctor or other qualified healthcare professional with any questions you may have about your health, and before accessing a health-related resource program, or undertaking or changing an exercise regimen, diet, or course of medical treatment related to the Services or the App/Website.

4.4             Your use of this App/Website or the Services does not create in any way a physician-patient relationship. We do not recommend or endorse any specific tests, healthcare providers, procedures, treatments or opinions, or other information that may appear on this App/Website or through the Services. If you rely on any of the information provided by this App/Website or through the Services, or by our employees, or its guests or visitors, you do so solely at your own risk.

4.5             IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR THE EMERGENCY SERVICES IMMEDIATELY. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS WEBSITE OR BECAUSE OF A SERVICE THAT YOU HAVE USED. THE INFORMATION AND SERVICES MADE AVAILABLE ON THIS WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT (AND SHOULD NOT BE USED AS) A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, TREATMENT OR DIAGNOSIS:

5.             REGISTRATION

5.1             Certain portions of the App/Website may only be available to registered members.  In order to create or reconfigure an account, you will be expected to provide certain information, including your name, personal contact details (address, 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. Please refer to our Privacy Policy for further details on how we process information relating to you on the App/Website.

5.2             By registering for the Services, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the online registration form, and (ii) maintain and promptly update your account to keep it true, accurate, current and complete. If you provide any personal detail that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that your personal details are untrue, inaccurate, not current or incomplete, we have the right to suspend, terminate, or refuse your current or future use of the Services. You agree to update your contact information if there are any changes to enable us to communicate with you about the Services.

5.3             During registration, you will need to provide an email address and password, and select a display name that will be your "Nickname" on the App/Website.  Please be careful when selecting your Nickname as it will appear when you post on the App/Website, and may appear in connection with your use of our mobile applications.  If the Nickname is personally identifiable, you may end up publicly disclosing identifiable information about yourself. For more details about your nickname and its use, please refer to our Privacy Policy. 

5.4             Your Nickname and password will be your credentials for accessing members-only portions of the App/Website and Services. You agree we have the right to disable and/or delete any Nicknames or passwords for any reason if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.  

5.5             You are responsible for protecting your password: you must treat such information as confidential and must not disclose it to any third party. You should select a password combining upper and lower case letters, numbers and symbols.  Any liability for any damage arising from your failure to comply with these requirements is excluded.  If your Nickname or password is compromised or forgotten, you agree to immediately inform Optum by contacting us at privacy@Optum.com.

6.             SECURITY

6.1             While we take commercially-reasonable and appropriate steps to protect your information based on the sensitivity of such information, you understand and agree that we cannot guarantee the security of your information. You agree that we may use your Nickname to authenticate you on any portion of the App/Website or for any Service and with vendors acting on our behalf.

6.2             We do not guarantee that the App/Website will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App/Website or to your downloading of any content on it, or on any website linked to it.

6.3             You are responsible for configuring your information technology, computer programs and platform in order to access the App/Website. You should use your own virus protection software.

6.4             You must not misuse the App/Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the App/Website, the server on which the App/Website is stored or any server, computer or database connected to the App/Website. You must not attack the App/Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App/Website will cease immediately. 

7.             PUBLIC CHALLENGE DISCLAIMER

7.1             Optum allows you to register for the participation in Public Challenges among the Users of this website.  By registering, you acknowledge that such participation is a potentially hazardous activity and that you are participating at your sole risk and responsibility.  You further acknowledge that you will not make use of means or behave in a way that can reasonably be considered as contrary to the general rules of fairness.

7.2             Optum reserves the right to screen and verify your activity and to temporarily or permanently exclude you from a Public Challenge or from Public Challenges in general or to suspend or terminate your account in case we reasonably believe that such measure is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce any acknowledgements you made, including the investigation of a potential violation thereof, or to (iii) protect the rights, property or safety of Optum, its Users and the public.

7.3             Optum may use your contact information to send you motivational messages in connection with Public Challenges.

7.4             In cases where Public Challenges feature prize money, such prize money (less tax and possible other deductions as they may be applicable) will be paid out to the Users achieving the best result.  The assessment of such best result is separately defined for each Public Challenge.  In case of a tie between the achievements of two or more Users, the prize money will be equally shared between such Users.  Optum may award non-cash prizes and/or the nomination of a charitable institution as a beneficiary.

7.5             Employees of Optum as well as their on-shore and near-shore development partners and their relatives may participate in Public Challenges but are excluded from being awarded any prize money or other prizes.

7.6             Any decisions of Optum regarding the above are final.

8.             ACCEPTABLE USE

8.1             As a condition of your use of the App/Website, you agree not to access or use, or attempt to access or use, the App/Website or any material on the App/Website, to take any action that could harm us or any third party, or interfere with the operation of the App/Website or our other services.  For example, and without limitation, you may not:

8.1.1             use the App/Website for any purpose that is unlawful under any applicable law or prohibited by these Terms;

8.1.2             use the App/Website to commit any act of fraud;

8.1.3             use the App/Website to distribute viruses or malware or other similar harmful software code;

8.1.4             use the App/Website for purposes of promoting unsolicited advertising or sending spam;

8.1.5             use the App/Website to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

8.1.6             use the App/Website in any manner that disrupts the operation or business of the App/Website or business of any other entity;

8.1.7             use the App/Website in any manner that harms minors;

8.1.8             impersonate another User or allow another User to use your Nickname to access the App/Website or Services;

8.1.9             collect, copy or use data about another User without his or her knowledge and consent;

8.1.10          promote any unlawful activity;

8.1.11          disrupt dialogue or post comments that are unrelated to a discussion topic;

8.1.12          represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;

8.1.13          collect, copy or harvest data or materials from the App/Website or Services without our express written permission;

8.1.14          use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the App/Website or Services;

8.1.15          attempt to manipulate the App/Website (or any of its features or functionality) in an unfair, improper or inappropriate manner, or in a manner that creates an unfair, improper or inappropriate advantage or benefit for you or any other User (all as determined by us in our sole judgment), such as, for example, gaming our system to earn rewards or other benefits;

8.1.16          remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trade mark, or other proprietary rights or notices marked on the App/Website or Services

8.1.17          use the App/Website to gain unauthorized access to or use of computers, data, systems, accounts or networks;

8.1.18          attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App/Website or Services; or

8.1.19          attempt to circumvent password or User authentication methods.

9.             USER-GENERATED CONTENT

9.1             The App/Website may include information uploaded by other Users of the App/Website, including to group message boards and Users’ own news streams.  This information and these materials have not been verified or approved by us. The views expressed by Users on the App/Website do not represent our views or values.

9.2             You are solely responsible for your own communications and any reliance on communications contained in public areas.  Whenever you make use of a feature that allows you to upload content to the App/Website, that content must comply with the following rules:

9.2.1             it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;

9.2.2             it must not harass or bully another person;

9.2.3             it must be true and honest so far as you know;

9.2.4             it must not be defamatory of anyone;

9.2.5             it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);

9.2.6             it must not contain someone else’s personal details or confidential information relating to other people; and

9.2.7             it must not promote or condone terrorism, violence or illegal behavior.

9.3             You warrant that any such contribution does comply with those rules, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a breach of your warranty.

9.4             Any content you upload to the App/Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content but you are required to grant us a limited license to use, store and copy that content and to distribute and make it available to third parties.

9.5             We have a right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

9.6             We reserve the right to refuse to accept or refuse or cease to use any content supplied by any person that we think contravenes these rules.

9.7             If you wish to complain about information and materials uploaded by other Users please contact us at privacy@Optum.com.

9.8             It is important to know that other Users posting information or opinions may not have medical, nutritional or other relevant training or expertise.  You should not treat anything posted on the App/Website by other Users as medical or dietary advice.  Do not seek a diagnosis or nutritional advice for your special condition from other Users of the App/Website.

9.9             Some of these User opinions may contain information about treatments, medicines or “off-label” uses of drugs that have not been approved by the relevant authority or may even be illegal in the United States and/or the United Kingdom. Others may refer to unstudied or potential dangerous products such as herbs and nutrients.  Always consult your doctor or other qualified healthcare professional before you change any treatment plan, or start or stop a new treatment, diet or routine.

9.10          Other Users’ experiences may be helpful or reassuring, but those anecdotes or anything else posted on the App/Website are never a substitute for professional medical or dietary advice, diagnosis or treatment from a qualified healthcare practitioner.

9.11          Never disregard or delay seeking professional medical or dietary advice from your doctor or other qualified healthcare provider because of something you have read on this App/Website. If you think you have a medical emergency, call your doctor or the emergency services immediately

10.         LINKING TO OR FROM OTHER WEBSITES

10.1          The App/Website may include links to other websites and resources provided by third parties. These links are provided for your convenience to provide further information only. They do not signify that we endorse such websites and should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over or responsibility for the content of the linked websites and we will not be liable for any loss or damage that may arise from your use of them.

10.2          You may create a link to the App/Website from another website provided:

10.2.1          the link "points" to mywellbeingsolution.com, as applicable, and not to other pages within the App/Website;

10.2.2          the link is a text-only link clearly marked mywellbeingsolution.com;

10.2.3          you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;

10.2.4          it does not creates a frame or any other browser or border environment around the content of the App/Website;

10.2.5          you do not do so in such a way as to suggest any form of association or approval on our part where none exists, or to imply that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to the App/Website;

10.2.6          you only establish a link to the App/Website in websites that you own;

10.2.7          no such link displays any of the trademarks or logos used on the App/Website without our permission or that of the owner of such trademarks or logos; or

10.2.8          any such link is only placed on a website that itself meets the acceptable use requirements of this policy.

10.3          We reserve the right to withdraw linking permission without notice.

11.         INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

11.1          The intellectual property rights (including, without limitation, copyright, trademarks, domain names, design rights, database rights, patents, whether registered or unregistered anywhere in the world) on the App/Website and in the material published on it are owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. This material is protected by copyright laws and treaties around the world. All such rights are reserved. Any redistribution or reproduction of part or all of the contents of the App/Website in any form is prohibited other than as set out below.

11.2          You are not permitted to use any of our trademarks on this App/Website without our prior written approval.  All trademarks reproduced on the App/Website, which are not the property of, or licensed to us, are acknowledged on the App/Website.

11.3          You may print one copy or download to a local hard disk extracts of any pages from the App/Website for your personal and non-commercial use only.

11.4          You may copy the content of the App/Website to individual third parties for their personal and non-commercial use, but only if our status (and that of any identified contributors and licensors) as the authors of such content is always acknowledged.

11.5          You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

11.6          If you print off, copy or download any part of the App/Website in breach of these Terms, your right to use the App/Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

11.7          The App/Website and the Services, and their content, are provided solely for your personal, noncommercial use in accordance with these Terms.  You may not use any part of the content of the App/Website for commercial purposes, except with the express prior written permission of us or our licensors.

11.8          You must abide by all copyright notices, information, or restrictions contained in or attached to any Optum Property. All rights not expressly granted herein are reserved to Optum and its licensors.

11.9          We may make available to you the ability to post, submit, email or otherwise make available on the App/Website or the Services (including via email to us) information, text or materials ("Your Materials"). You are entirely responsible for Your Materials, and you represent and warrant that Your Materials do not include confidential or proprietary information, or violate any other party's intellectual property rights.  As between you and us, you retain ownership and any intellectual property rights in any materials that are contained in Your Materials, subject to the non-exclusive rights that you grant to us in the Terms.  You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, transferrable, sub-licensable, worldwide license to use, reproduce, modify, transmit, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise exploit, Your Materials in any form, technology or media now known or hereafter developed.  You hereby waive any moral rights you may have in Your Materials under the laws of any jurisdiction. You agree we may exercise any of these rights without compensation or attribution to you.

11.10       If you believe that your copyrighted work has been copied and is accessible on the App/Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

·        A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

·        Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

·        Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

·        Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

·        A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

·        A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

11.11       In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the App/Website or the Services (collectively "Feedback"), you agree such Feedback constitutes "Optum Property" under these Terms s, that we may use and disclose the Feedback in any way we choose (including but not limited to modifying our App/Website and/or Services, or creating new Services), and that you will not be due any compensation for any such use.  This is true whether you provide the Feedback on the App/Website or through any other method of communication, unless we have entered into a separate written agreement with you that provides otherwise.

12.         YOUR UNDERTAKINGS

12.1          You undertake:

12.1.1          not to copy, duplicate or in any way reproduce any manuals or documents provided by us in connection with the Services, nor knowingly to permit the same, without our prior written consent.

12.1.2          not to re-sell, re-market or otherwise distribute any portion of the Services or offer the Services to others unless specifically permitted in writing by us.

12.1.3          not to use the Services: (i) for any illegal or immoral purpose; or (ii) other than in accordance with these Terms.

12.1.4          to be solely responsible for any data uploaded by you in connection with the Services and to take all necessary precautions to ensure that information supplied is accurate and safe.

12.1.5          to be solely responsible for carrying out all necessary back up procedures for your own benefit in the event of loss or deletion of your information or data for any reason.

12.1.6          to comply with all of these Terms in full.

12.2          You must provide, at your own cost, all telecommunication services, computers and other equipment or services necessary to enable you to access the Services.  You must comply with all rules and regulations that apply to the communication means by which you access the Services.

13.         RIGHTS AND LIABILITIES

13.1          We only supply the App/Website and the Services to you for your domestic and private use and you agree not to use the App/Website and/or the Services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.2          We provide the App/Website and the Services "as is", "with all faults" and "as available."  We and our suppliers make no express or implied warranties or guarantees about the Services other than those implied by law. WE MAKE NO WARRANTY OR GUARANTEE THAT THE APP/WEBSITE, THE SERVICES, OR ANY INFORMATION CONTAINED IN THE APP/WEBSITE OR SERVICES, IS ACCURATE OR UP-TO-DATE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THIS APP/WEBSITE WILL BE EFFECTIVE, RELIABLE, OR MEET YOUR REQUIREMENTS, OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE APP/WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP/WEBSITE AND ANY SERVICES, AND ANY SERVICES, MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP/WEBSITE OR SERVICES, OR USE OF RESOURCES OR PARTICIPATION IN ANY PROGRAMS OR ACTIVITIES ACCESSIBLE THROUGH OR IN CONNECTION WITH THE APP/WEBSITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTERS OR MOBILE DEVICES AND ANY LOSS OF DATA THAT RESULTS THEREFROM.

13.3          Optum and its directors, officers, employees, agents, partners, affiliates and licensors shall in no way be responsible for any decisions you may make based on the use of App/Website and/or the information including but not limited to whether or not you choose to seek professional medical care or treatment.  To the extent permitted by applicable law you hereby waive any claim you may have or acquire against Optum or any of its directors, officers, employees, agents, partners, affiliates and licensors and indemnify and hold Optum or any of its directors, officers, employees, agents, partners, affiliates and licensors harmless from any claims, proceedings, costs, special, incidental, consequential or indirect damages and loss of profits relating to your use of the information.

13.4          TO THE EXTENT PERMITTED BY APPLICABLE LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OUR PROVISION OF THE SERVICES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

13.5          TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO YOUR USE OF THE APP/WEBSITE OR ANY SERVICES, AND/OR FOR ANY BREACH OF THESE TERMS (OTHER THAN FOR BREACH OF ANY MANDATORY PROVISIONS OF ANY APPLICABLE LAW), IS SOLELY LIMITED TO THE TOTAL AMOUNT OF SUBSCRIPTION FEES, IF ANY, THAT YOU PAID TO US WITHIN THE LAST 12 MONTHS FOR THE SPECIFIC SERVICE AT ISSUE.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

13.6          You agree to defend, indemnify, and hold harmless Optum from all third party (a) claims, (b) liabilities, (c) losses, (d) damages, and (e) expenses, including but not limited to, reasonable legal and lawyers’ fees, that, in each instance, arise out of, or are related to, your use or misuse of the App/Website or the Services, Your Materials, or your violation of these Terms.  You agree we have the right to hire counsel of our own choosing in connection with, and to assume the exclusive defense and control of, any matter subject to indemnification by you, and doing so will in no way limit your indemnification obligations hereunder.  In any litigation, you will cooperate with us in asserting any available defenses.

13.7          We reserve the right to block your account for security and safety reasons and to notify the relevant authorities of any activity that we reasonably suspect to be a security or safety issue, including but not limited to any criminal offence. You will be fully responsible and liable to us for any losses that we incur as a result of any illegal use by you of the Services.

13.8          We will have no obligation under these Terms to the extent a claim is based on use of the Services in a manner inconsistent with these Terms or as a result of the negligence or willful misconduct of you.

13.9          We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these Terms, that is caused by an event outside of our control, including, without limitation, industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure.

14.         ASSIGNMENT AND SUB-CONTRACTING

14.1          We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and may subcontract or delegate in any manner any or all of our obligations under these Terms to any third party or agent.

14.2          You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over, or deal in any other manner with any or all of your rights or obligations under these Terms.

15.         ADDITIONAL TERMS FOR MOBILE APPLICATIONS

15.1          The following additional terms apply to your access to or use of any Optum mobile application (together with all information and software associated therewith) through any device (such as tablets, mobile phones, etc.):

15.1.1          Optum grants you a non-transferable license for personal and non-commercial use of the application software.  You shall not sublicense, distribute, lease, loan or otherwise convey the software or any portion thereof to anyone.  This license agreement may be terminated at any time.  Optum and its licensors neither warrant the accuracy nor the accessibility of the software and reserve all other rights.  This software may be subject to export control regulations.

15.1.2          You acknowledge that Optum may issue an upgraded version of its mobile applications and may automatically upgrade the mobile application that you are using.  You consent to such automatic upgrading and agree that these Terms shall govern all such upgrades. Optum’s mobile applications may include third party code and other software, which is governed by the applicable open source or third party end user license agreement, if any, that authorizes the use of such code.

15.1.3          You agree to comply with all applicable terms, conditions and agreements between you and any third party that provides products or services that facilitate or enable your use of any mobile applications, and you acknowledge and agree that your use of any application may result in charges to you by those third parties in connection with the products and services they provide to you (such as data plan charges), and you will be solely responsible for any such charges.

15.1.4          Upon any termination of your rights hereunder, for any reason, you will immediately uninstall or delete the mobile application and cease any further use of such application.

15.2          If the Services that you use include a mobile application that you download, access and/or use and that runs on Apple's iOS operating system (an “iOS App”), you acknowledge and agree that:

15.2.1          the iOS App may only be accessed and used on a device owned or controlled by you and using Apple's iOS operating system;

15.2.2          these Terms are between you and Optum, and not with Apple;

15.2.3          Apple has no obligation at all to provide any support or maintenance services in relation to the iOS App, and if you have any maintenance or support questions in relation to the iOS App, please contact Optum, not Apple;

15.2.4          except as otherwise expressly set forth in these Terms, any claims relating to the possession or use of the iOS App are between you and Optum (and not between you, or anyone else, and Apple);

15.2.5          in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the iOS App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and

15.2.6          although these Terms are entered into between you and Optum (and not Apple), Apple, as a third party beneficiary under these Terms of Service, will have the right to enforce these terms against you.

15.2.7          In addition, you represent and warrant that:

15.2.7.1          you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and you are not listed on any United States Government list of prohibited or restricted parties; and

15.2.7.2          if the iOS App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the iOS App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the iOS App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the iOS App or as a result of you or anyone else using the iOS App or relying on any of its content.

15.3          If the Services that you use include a mobile application that you download, access, and/or use from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms of Service are between you and Optum only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google- Sourced Software; (iv) Optum, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms of Service; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Terms of Service as it relates to Optum’s Google-Sourced Software.

16.         GENERAL

16.1          Any notices served in relation to these Terms may be served by email, and when we use the words “writing” or “written” in these Terms, this includes email.

16.2          All intellectual property rights in or arising out of or in connection with the Services shall, as between you and us, be owned by us.

16.3          These Terms and any supplemental terms, policies, rules and guidelines posted on the App/Website and the Services, constitute the entire agreement between you and us. No other person shall have any rights to enforce any of its terms.

16.4          Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.

16.5          If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.6          If you are a consumer in the United Kingdom you may have legal rights in relation to the quality of digital content provided and/or Services not carried out with reasonable care and skill. Nothing in these Terms will affect these legal rights.

16.7          Subject to section 16.6, these Terms, their subject matter and their formation, are governed by the law of England and Wales. You and we both agree that any dispute or claim in relation to these Terms, and any non-contractual disputes or claims, will be subject to the exclusive jurisdiction of the courts of England.

17.         CONTACT

You are welcome to contact us with questions or information. Our contact details are:

Email: privacy@Optum.com

Office location: Optum UK, 5 Merchant Square, Paddington, London, W2 1AS

18.         UK RESIDENTS: ALTERNATIVE DISPUTE RESOLUTION

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a resident of the United Kingdom and you are not happy with how we have handled any complaint, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.