Terms of Service and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

YOUR AGREEMENT TO THESE TERMS AND CONDITIONS TAKES EFFECT BY ACCESSING OR USING THE EMPOWER HEALTH SERVICES, LLC (“EHS”) WEBSITE (THE “EHS SITE,” OR THE “SITE,” OR “SERVICES”) (the “Effective Date”). BY ACCESSING OR USING THE SITE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT; (C) ARE 18 YEARS OLD OR OLDER; AND (D) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

ALSO, PLEASE READ THE COOKIE STATEMENT CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THE SERVICES. BY ACCESSING THE SERVICES, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE COOKIE STATEMENT BELOW. We reserve the right to change, update, or correct any of this Cookie Statement or any information contained in the Services at any time without notice by posting an amended statement to the Services. Your continued use of the Services means that you accept and agree to the revised Cookie Statement. If you do not accept this Cookie Statement (as amended from time to time), please exit the Service immediately.

You cannot modify these Terms and Conditions without EHS’ written consent. EHS may revise and update these Terms and Conditions at any time without notice and without your consent. Any revised or amended terms will be effective and binding on you 14 calendar days after they post to the Site. Accordingly, you should review these Terms and Conditions regularly.

This Site Does Not Provide Medical Advice

The contents of the EHS Site, such as text, graphics, images, and other materials created by EHS or obtained from EHS’s licensors, and other materials contained on the EHS Site (collectively, “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the EHS Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. EHS does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by EHS, EHS employees, others appearing on the Site at the invitation of EHS, or other visitors to the Site is solely at your own risk.

Use of the Site and Content

This is not a public Site. Permission to create an account and use this Site as an authorized user is reserved exclusively for individuals that that are currently associated with a Company, Group or Organization that have contracted with EHS to provide this Site for the benefit of their employees/members. Subject to and conditioned on your compliance with all the Terms and Conditions, EHS hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Site during the Term. EHS shall provide you the necessary access credentials to allow you to access the Site.

The Content posted on this Site is protected by the copyright laws in the United States. EHS authorizes you to view or download or print a single copy of the Content solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: “©2023, Empower Health Services, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the EHS Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. Permission to reprint or electronically reproduce any document or graphic in whole or in part except for your personal use, is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s).

Ownership of the Content remains with EHS or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of EHS. All rights not expressly granted herein are reserved to EHS and its licensors.

Use of the Site may include the ability to download reports. You acknowledge and agree that the format and layout of any report is a copyrighted work owned exclusively by EHS. You represent that you will not and will not authorize others to duplicate or make a derivative work of any report downloaded from the Site.

Restrictions

You shall not make any commercial use of this Site or its contents. You further agree not to download or copy any content for the benefit of any third-party or use any data mining, robots, or similar data gathering and extraction tools. This Site, or any portion of this Site, may not be reproduced, duplicated, copied, displayed, sold, resold, visited, or exploited for any commercial purpose without the express written consent of EHS. You will not use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

1. Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
2. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
3. Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
4. Use any device, software, or routine that interferes with the proper working of the Site.
5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. 
7. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
8. Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Site, in whole or in part.
9. Remove any proprietary notices from the Site or Content.
10. Otherwise attempt to interfere with the proper working of the Site.

Passwords and Access Credentials 

You are responsible for keeping your passwords and access credentials associated with this site confidential. You will not sell or transfer them to any other person or entity. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your EHS passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your EHS account and password; (3) promptly inform EHS if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password.

You grant EHS and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. EHS cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using EHS tools and services.

Confidentiality

You agree to use your best efforts to protect the confidentiality of the materials and methods used by EHS, and any proprietary or confidential information or trade secrets disclosed to you by EHS in connection with this Agreement, regardless of form (collectively, “Confidential Information”) at all times. You agree not to disclose, disseminate or otherwise publish or communicate Confidential Information to any person, entity or other third party without the prior written consent of the EHS or as expressly authorized in this Agreement.

Upon EHS’s request, you shall promptly return or destroy all copies of Confidential Information in your possession, custody, or control. EHS shall be entitled to injunctive relief for any violation of this Section. This Section shall survive any termination of this Agreement.

Limitation of Liability

WE HOPE YOU WILL ENJOY USING THE EHS SITE, HOWEVER, PLEASE NOTE THAT YOU ASSUME TOTAL RESPONSIBILITY AND RISK WHEN YOU USE THE EHS SITE AND THE INTERNET.

WHEN USING THE EHS SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF EHS AND ITS SUPPLIERS. ACCORDINGLY, EHS ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE EHS SITE.

IN NO EVENT SHALL EHS, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE EHS SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE EHS SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EHS, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE EHS SITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.

Warranty Disclaimer

THE EHS SITE IS PROVIDED “AS IS” AND EHS SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EHS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

EHS MAKES NO WARRANTY OF ANY KIND THAT THE SOFTWARE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY’S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Without limiting the foregoing, EHS, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, age, or timeliness of the Content, software, links, or communications provided on or through the use of the EHS Site.

2. The satisfaction of any government regulations requiring disclosure of information or the approval or compliance of any software tools with regard to the Content contained on the EHS Site.

Advertisements, Searches, and Links to Other Sites

EHS may provide links to third-party web sites. For your convenience, EHS also may select certain sites as priority responses to search terms you enter. EHS does not recommend and does not endorse or have any control of the content of any third-party websites and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. If you decide to access any of the third-party websites linked from the EHS site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

EHS Program Partners

Depending on your wellness program design, you may have access to other organizations that partner with us to provide you (a) biometric or lab testing services or (b) additional health coaching and related services and/or (c) wellness challenges, incentive-based programs or health education information. If you use these services, these program partners may share activity information and results with us. This data sharing would be limited to information necessary to support your wellness goals or manage incentives in your wellness program.

Aggregated Statistics

Notwithstanding anything to the contrary in this Agreement, EHS may monitor your use of the Site and collect and compile data and information related to your use of the Site to be used by EHS in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Site (“Aggregated Statistics”). You agree that all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by EHS. You acknowledge that EHS may compile Aggregated Statistics based on Data you input into the Site. You agree that EHS may (1) make Aggregated Statistics publicly available in compliance with applicable law, and (2) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify your Confidential Information.

Reservation of Rights

EHS reserves all rights not expressly granted to you in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third party, any intellectual property rights or other right, title, or interest in or to the EHS IP.

Suspension 

Notwithstanding anything to the contrary in this Agreement, EHS may temporarily suspend your access to any portion or all of the Site if: (1) EHS reasonably determines that (A) there is a threat or attack on any of the EHS IP; (B) Your use of the EHS IP disrupts or poses a security risk to the EHS IP or to any other customer or vendor of EHS; (C) Your use the EHS IP is for fraudulent or illegal activities; (D) EHS’s provision of the Site to you is prohibited by applicable law; or (2) any vendor of EHS has suspended or terminated EHS’s access to or use of any third-party services or products required to enable you to access the Site (collectively a “Service Suspension”). EHS will have no liability for any damage, liabilities, losses (including any loss of or profits), or any other consequences that you may incur as a result of a Service Suspension.

Termination

Your user account may be suspended or terminated without notice if it becomes inactive (i.e., no user activity for one year or any other period as determined solely by EHS). Also, if EHS ceases to do business with your employer, all licenses granted with respect to the Content are immediately terminated. Following suspension or termination, upon your request, your account may be reinstated at our sole discretion.

Your obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us (the “Term”). You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use the Site, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate your use of the Site at any time without notice and/or accordingly may deny you access to the Site (or any part thereof).

Upon termination or suspension of your use of the Site for any reason, your authorization to access the Company System terminates. “Company System” means the information technology infrastructure used by or on behalf of the Company in offering the Site, including all computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by EHS or through the use of third-party services. You acknowledges and agree that the Company System is a protected computer within the meaning of 18 U.S.C. § 1030(e)(2) and that any access of the Company System following termination or suspension of your use of the Site is without authorization and a violation of the Computer Fraud and Abuse Act.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Use of Site and Content, Limitation of Liability, Warranty Disclaimer, Indemnity, Termination, Entire Agreement, Jurisdiction, Limitation to File a Claim, and Severability.

Privacy Policy

The personal information you submit to EHS is governed by the EHS Privacy Policy. The Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through the EHS site, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy. To the extent there is an inconsistency between this Agreement and the EHS Privacy Policy, this Agreement shall govern.

Indemnity

You agree to defend, indemnify, and hold EHS, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any information inputted, documents uploaded, or comments made (collectively “User Content”) on or to the Site, (c) your use of or reliance on any User Content, or (d) your violation of these Terms and Conditions.

General

EHS is based in Aurora, Illinois, in the United States of America. If you access the EHS Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. EHS expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. The Parties agree that this Agreement may be signed electronically pursuant to the ESIGN Act, and agree that the electronic signatures are the same as a handwritten signature for the purposes of validity, enforceability, and admissibility.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with EHS, or in any way relating to your use of the EHS Site, resides in the courts of the State of Illinois, County of DuPage, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois in connection with any such dispute including any claim involving EHS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. Any notices to EHS must be sent to its corporate headquarters address available at https://empowerhealthservices.com/connect/ and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by EHS. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from EHS. You agree that any notices, agreements, disclosures, or other communications that EHS sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Limited on Time to File a Claim 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS HEREBY PERMANENTLY BARRED.

Severability

These Terms and Conditions are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. If any provision of these Terms and Conditions and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition.

THE COOKIE STATEMENT

When you visit Empower.Health, we may place a temporary “session” or a permanent cookie on your computer that will allow us to customize and enhance your experience at the Site, make improvements to our Service, or to report Service activity. These are considered Strictly Necessary Cookies (SNC). Our session cookies are not permanently stored on your computer and expire when you leave. Permanent cookies are issued to Site visitors who link the Site from a search engine and are used only to permit Empower Health to serve qualified users to the Service. Our cookies are not used to send spam. We store cookie information in aggregate form and use the aggregate information to make improvements to the Service or in internal reports on Service activity. You may opt out of allowing cookies to be placed on your computer, however refusing Strictly Necessary Cookies disables our ability to allow access to the site.

What Are Cookies?

In general, a cookie is a small amount of data sent from a web server to your browser and stored on your computer or mobile device’s hard drive while you are viewing the website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with essential security on our website. This type of information is collected to make the Service more useful to you and to tailor your experience with us.

We use Strictly Necessary Cookies served to your computer or mobile device to recognize your computer or mobile device when it revisits our website.

Types Of Cookies Used On Websites

• Strictly Necessary Cookies (SNC) – These cookies are essential to provide you with Services available through our website and to enable you to use some of its features. Without these cookies, the Services that you have asked for cannot be provided, and we only use these cookies to provide you with those Services.
  
  
• Functionality Cookies – These cookies allow your device to remember choices you make when you use the Service, such as language preferences, login details and changes you make on other parts of our website, which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit the Service. EHS does not currently use these types of cookies.
  
  
• Analytics and Performance Cookies – These cookies are used to collect information about traffic to a website and how users use the Service. The information gathered does not identify any individual visitor. The information is aggregated and anonymous. The information gathered may include the number of visitors to the Service, the websites that referred them to our website, the pages they visited on our website, what time of day they visited our website, whether they have visited our website before, and other similar information. EHS does not currently use these types of cookies.
  
  
• Targeted and Advertising Cookies – These cookies track your browsing habits to enable a company to show advertising that is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, third-party advertisers can place cookies to enable them to show advertisements that we think will be relevant to your interests. EHS does not currently use these types of cookies.

Disabling Cookies

If you decide at any time that you no longer wish to accept cookies from our Services then you can typically instruct your browser, by changing its settings, to remove or stop accepting cookies or to prompt you before accepting a cookie from websites you visit. In order to do this, consult your browser’s technical information (instructions are usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept cookies until you change your settings. If you would like to learn more about cookies and how they function on different browsers, a helpful resource can be found HERE. You may opt out of allowing our cookies to be placed on your computer, however refusing Strictly Necessary Cookies disables our ability to allow you access to the Site.

CCPA Overview – For California Residents

The CCPA is a California state law effective January 1, 2020 (Amended 2022) that is intended to give California residents additional transparency about, and rights regarding, businesses’ collection, use and sharing of their personal information. This privacy notice required by the California Consumer Privacy Act of 2018, also known as the CCPA. This CCPA Privacy Notice supplements our Privacy Notice, and applies only to California residents, which the CCPA also calls “consumers.” In the event of a conflict as to California residents this Notice prevails.

Limits on the CCPA’s Applicability to Empower Health Services, LLC:

HIPAA

As a healthcare organization much of Empower Health Services, LLC’ business is regulated by a federal law called The Health Insurance Portability and Accountability Act, commonly referred to as HIPAA. HIPAA has strict rules that govern the use and disclosure of personal information related to healthcare, which HIPAA calls Protected Health Information or PHI.

The CCPA does not apply to PHI used or disclosed by Empower Health Services, LLC, or to personal information that Empower Health Services, LLC already handles in the same way it handles PHI. For example, our employee wellness testing is protected in accordance with HIPAA. This means that the personal information or PHI that we use and disclose in connection with these operations falls outside the scope of the CCPA. Likewise, the CCPA does not apply to de-identified information derived from PHI, if it is de-identified in accordance with HIPAA standards. Empower Health Services, LLC discloses information derived from PHI that has been de-identified in accordance with either the Safe Harbor or the Expert Determination methods of de-identification recognized under HIPAA, and this de-identified information falls outside the scope of the CCPA.

If you are a California resident seeking information about your PHI, please refer to our HIPAA Notice of Privacy Practices. Our HIPAA Notice of Privacy Practices describes how we use and disclose your PHI, our legal duties with respect to your PHI and your rights with respect to your PHI and how you may exercise them.

You may access our HIPAA Notice of Privacy Practices from our EHS Privacy Policy.

Service Provider

The CCPA regulates “businesses” and gives California residents rights with respect to those “businesses.” The CCPA also uses the term “service providers.” Service providers handle personal information for businesses. Service providers are not directly subject to the CCPA because their handling of personal information is regulated by their contracts with businesses.

Personal Information We Collect

When we are not handling PHI subject to HIPAA or acting as a service provider as defined by the CCPA, Empower Health Services, LLC may be a business under the CCPA, and has taken measures to uphold CCPA requirements and fulfill the rights of California residents covered under the CCPA, as further described in this Notice.

In the 12 months preceding the effective date of this Notice, we may have collected the following categories of personal information from California residents, falling within the scope of the CCPA:

• Identifiers – Name, address, telephone number, internet protocol address, email address, or other similar identifiers 
  
  
• Internet or other similar network activity – Browsing history, information regarding a consumer’s interaction with our website, form submissions, email unsubscribes and subscribes, email engagement, information from cookies or other technologies used on our website, see The Cookie Statement.

We may have collected the categories of personal information listed above from the following categories of sources:

• from individuals who voluntarily provided it, for example by filling out a registration form on our website
• through use of our cookies or other technologies, as further described in The Cookie Statement;
• from your employer or other affiliated companies.

Please note that the following types of information are not personal information subject to the CCPA:

• publicly available information from government records
• de-identified or aggregated consumer information
• information excluded from the CCPA’s scope, including but not limited to PHI covered by HIPAA, information
• derived from PHI that is de-identified in accordance with HIPAA, and personal information we handle in our capacity of a service provider to a business

Our Use of Personal Information

In the 12 months preceding the effective date of this Notice, we may have used personal information of California residents, falling within the scope of the CCPA, for the following purposes:

• as reasonably necessary and proportionate to fulfill the purposes for which the information was provided
• to provide information, products, or services
• to audit and measure user interaction with our websites, so we can improve the relevancy or effectiveness of our content and messaging
• to provide texts or emails containing information about our products or services, or events or news, that may be of interest to recipients, as permitted by law
• to detect security incidents or monitor for fraudulent or illegal activity debugging to identify and repair errors
• to comply with laws, regulations, or other legal process

Our Sharing of Personal Information

In the 12 months preceding the effective date of this Notice, we may have shared the personal information of California residents, falling within the scope of the CCPA, with the following categories of recipients for some or all the use purposes described above:

• service providers, which are prohibited from selling the personal information or retaining, using, or disclosing it for any purpose except performing the business purpose they were retained to provide, such as providers that store, host or transmit information or provide analytics regarding our website usage or functionality
• recipients of information from the placement of third-party cookies or other technologies on our websites, as set forth in The Cookie Statement
• Personal information may also be disclosed as required by law, to protect our rights, protect your safety or that of others, investigate fraud or respond to government inquiries.

Individual Rights

If you are a California resident, you have certain rights regarding your personal information that is covered under the CCPA. Please review each of the rights below, and the section that follows for information applicable to these rights.

Right To Know

You have the right to request that we provide you with access to the following information about our collection and use of personal information over the past 12 months:

• the categories of your personal information we have collected
• the specific pieces of personal information we have collected
• the categories of sources of such information
• the categories of third parties with whom we share personal information and/or the business or commercial purpose for our collection or sharing of personal information

You can submit a request by mail to Empower Health Services, Attn: Privacy Officer, 495 N. Commons Drive, Suite 100, Aurora, IL 60504, or by calling our toll-free number at (866) 367-6974.

Right To Delete

You have the right to request that we delete your personal information, subject to certain exceptions. Specifically, Empower Health Services, LLC is not obligated to delete the information if we must retain it for one of the following purposes:

• complete a transaction for which we collected the personal information
• fulfill the terms of a written warranty or product recall conducted in accordance with federal law
• provide a good or service that you requested or take actions reasonably anticipated within the context of our ongoing business relationship
• otherwise perform a contract with you
• detect security incidents
• protect against malicious, deceptive, fraudulent, or illegal activity or prosecute those responsible for that activity
• debug to identify and repair errors that impair existing intended functionality
• exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law
• comply with the California Electronic Communications Privacy Act (Cal. Penal Code 1546 et seq.)
• engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when deletion of the information is likely to render impossible or seriously impair the research, if you have provided informed consent
• enable solely internal uses of the personal information that are reasonably aligned with your expectations based on your relationship with us
• comply with a legal obligation
• otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information

You can submit a request by mail to Empower Health Services, Attn: Privacy Officer, 495 N. Commons Drive, Suite 100, Aurora, IL 60504, or by calling our toll-free number at (866) 367-6974.

DO NOT SELL

The CCPA also gives California residents the right to request that businesses opt them out of the “sale” of their personal information to third parties. Empower Health Services, LLC does not sell our participants personal information. Like most websites, our websites use cookies and other technologies to interact with third parties and service providers for things like website analytics. Some of this website interaction with third parties may be viewed as a “sale” under the CCPA, which defines “sale” very broadly.

The Cookie Statement describes how you can control cookies and other tracking technologies on our websites. You must take the actions described in the Cookie Statement to exercise this control, as we are not able to do it for you.

We have also set up a process for California residents to record their preference to opt-out of the sharing of their personal information with third parties in the future, in the unlikely event we would ever decide to do so. To record your California opt-out preference, submit a request by mail to Empower Health Services, Attn: Privacy Officer, 495 N. Commons Drive, Suite 100, Aurora, IL 60504, or by calling our toll-free number at (866) 367-6974.

Please note, recording your California opt-out preference will NOT change the way cookies work on our websites; you must take the action described in the Cookie Statement to do that. Recording your California opt-out preferences will also NOT unsubscribe you from receiving text messages or email communications from Empower Health Services, LLC. All consumers and California residents can do that as directed in any text you receive from us, or by clicking the unsubscribe link in marketing and mass/bulk email communications you may receive from us.

Recording your California opt-out preferences will NOT impact how we use or disclose your PHI. As we have stated earlier in this CCPA Privacy Notice, our use and disclosure of your PHI is governed by a federal law called HIPAA and various other state laws. HIPAA already prohibits the sale of your PHI without your express authorization. Our HIPAA Notice of Privacy Practices describes how we use and disclose your PHI, our legal duties with respect to your PHI, and your rights with respect to your PHI and how you may exercise them. You may access our HIPAA Notice of Privacy Practices from the EHS Privacy Policy.

Right of Non-Discrimination

You have the right to not be discriminated against for exercising any of your rights under the CCPA. Unless permitted by the CCPA, businesses cannot:

• deny you goods or services
• charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties
• provide you a different level or quality of goods or services
• suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services

More Information About Your CCPA Rights

You may submit a Request to Know, a Request to Delete or express your opt-out preferences for yourself, or authorize an agent to make the request on your behalf. We may ask that you submit proof of your identity, and that you and/or your authorized agent demonstrate that you authorized them to submit the request on your behalf.

We may not be able to honor your request if we are unable to verify your identity or your agent’s authority to act on your behalf. Likewise, we will not be able to honor your request if we cannot associate the information, you or your agent submits to us with covered personal information in our possession. Therefore, please take care to accurately submit your request, and provide any additional information we may seek to assist us in evaluating and responding to it. We may not be able to honor your request if the personal information we maintain about you is not subject to the CCPA’s access, deletion or opt-out requirements.

We will acknowledge a Request to Know and a Request to Delete within 10 days of receipt and will make efforts to respond within 45 days. If we are unable to fulfill the request within 45 days, we will inform you or your authorized agent within that period and may take up to an additional 45 days to fulfill the request. If you exercise an opt-out preference, we will acknowledge receipt and take any required action on it within 15 days from the date we receive it.

We will not require you to create an account with us to exercise your rights, and we will only use personal information provided with a request to verify your identity or your agent’s authority to act on your behalf.

Any disclosures we make in connection with a verified Request to Know will only cover the 12-month period preceding the request, and we may require additional information to verify your identity or your agent’s authority. If we cannot comply with a request, we will tell you why. We are not obligated to provide information in response to more than two Requests to Know in any 12-month period.

Questions Or Concerns

California residents with questions, comments or concerns about the CCPA or their CCPA rights may contact us by mail to Empower Health Services, Attn: Privacy Officer, 495 N. Commons Drive, Suite 100, Aurora, IL 60504, or by calling our toll-free number at (866) 367-6974.

Updates To This Notice

Empower Health Services, LLC will review its CCPA Privacy Notice on at least an annual basis, and may also change this Notice at any time. If we make changes, we will revise the “Last Updated” date at the bottom of this Notice. We encourage you to review this Notice periodically to be sure you are aware of those changes. Changes will become effective as of the “Last Updated” date.

Last updated on December 20, 2022

Contact Information

Questions about the Terms and Conditions should be sent directly to support@empowerhealthservices.com

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