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Benefitfocus Privacy Policy

Introduction 

This Privacy Policy explains our information gathering, use, maintenance and dissemination practices for websites and services provided by Benefitfocus.com, Inc. and its affiliated companies (collectively, “Benefitfocus,” “we,” “our” or “us”).  This Privacy Policy applies to the information collected in connection with your use of the websites offered by us include, but are not limited to www.benefitfocus.com , and any other website linking to this Privacy Policy (collectively, the “Sites”).  This Privacy Policy is part of the Terms of Use between you and us. 

This Privacy Policy does not apply to the practices of companies that Benefitfocus does not own or control or to people that Benefitfocus does not employ or manage.   

Please note that the website of “www.benefitfocus.com” is intended as a website involving the description and provision of business services and is directed to individuals, and those individuals acting on behalf of the companies for which they work. 

If you do not agree with our policies and practices, do not use the Sites.   

This Privacy Policy does not apply to any personal information collected by the Benefitfocus platform, applications and services.  For more information, please visit the Services Privacy Policy

This Privacy Policy may be updated from time to time.  In those instances, we will update this page, provide links to any related policies, and such updates will become effective upon posting.  Your continued use of the Sites after Benefitfocus posts or otherwise notifies you of any changes indicates your agreement to the changes, so please review this page periodically for updates.  

Information Collection 

“Personal information” is data that can be used to uniquely identify or contact a single person.  We collect this information for registered users of the Sites and for visitors who use the Sites.  We will obtain data through lawful and transparent means and in accordance with applicable law (such as with explicit consent of the data subject where required). 

Benefitfocus and its service providers may automatically receive and record information on our server logs from your browser using assorted technologies that automatically or passively collect information about how the Sites are accessed and used.  We refer to this information as “traffic data.”  Traffic data may include IP address, “cookie” information and the page(s) you request, browser type, device type used to access the Sites (i.e., computer or mobile device), unique number assigned to identify such device, operating system, click path taken through the Sites, your use of features on the Sites, and other usage information.  Cookies are small files that we may send to and store on your computer so that we may recognize it as a unique machine the next time you visit one of our websites.  To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser’s cookie folder, please refer to your browser’s help menu or other instructions related to your browser.  If you do disable or opt out of receiving cookies, please be aware that some features and services on the Sites may not work as intended and you may not have access to all of the services and features we may offer. 

Also, we will collect personal information with you complete one of our online webforms available on the Sites.  When you fill out a webform, we may for your first and last name, email address, phone number, company name, country, state, reason for your inquiry and any other information you choose to provide us in the comments section.     

Information Use 

The account-based Sites are made available to you by the party that has arranged with us for your access to such Sites.  The information you provide via your account is controlled by the party that has arranged with us for your access to such Sites.  We will process information you provide for the purposes of employee benefit administration via our software, in accordance with our contract with the party that has arranged for your access to such Sites (if applicable), and as set forth in this Privacy Policy.

We and our service providers may use your information, including personal information, for a variety of business purposes, including to communicate with you; to customize the content you may see as part of the Sites; to fulfill your request for certain products and services; to contact you in the future about your products and services or additional products and services; to administer the Sites and manage, protect and improve the Sites.  We require our service providers to contractually agree to protect your personal information.  Unless you specify that you prefer not to hear from us, we may also use the email and mailing addresses you provide at registration to advise you in the future of items which may be of interest to you.  As we mentioned above, we also use the traffic data we collect to manage, improve and customize the Sites.  We also track transaction data on the Sites which may help us optimize the online experience of our users and may help us understand the size of our audience and their traffic patterns and needs from the Sites.   

The information you provide when you register with the Sites may be used to facilitate and monitor your activities on the Sites and to allow us to send you administrative and other information related to the Sites.   

Our collection and processing of personal information is limited to the purposes in this Privacy Policy, unless we obtain consent for such other processing.   

Information Sharing 

Benefitfocus will send certain personal information about you to your employer and benefits brokers, providers and insurers when we need to share your information for us to provide the services you have requested, or we need to send the information to service providers who work on behalf of Benefitfocus to provide a product or service to you.  Unless we tell you differently, these service providers do not have any right to use the personal information we provide to them beyond what is necessary to assist us.  We require service providers with whom the data is shared to comply with our policies and instructions regarding your personal information.   

We may share your personal information and other information we collect with affiliates or business partners that require access to your personal information for business purposes.  We may disclose your personal information to third parties to protect the security and integrity of the Sites, to correct technical problems and malfunctions on the Sites, to technically process your information, to provide services or to take precautions against liability.  We also may also share your personal information with services provider who provide services on our behalf, such as our third-party analytics provider.  If you request services via a mobile device, your request will be transmitted via your mobile carrier’s network and your carrier may have access to it.  Consult your carrier’s privacy policy for additional information. 

We reserve the right to transfer any information we have about you in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business.  We reserve the right to disclose any personal information as needed.  We reserve the right to send personal information about you if that information is requested by law enforcement agencies or if we are required to do so by law, treaty, regulation, subpoena, court order, or a government entity.  We also may disclose your personal information if we have reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating any agreement with us, including if we find that your actions on our website violate any agreement with us, including this Privacy Policy or our Terms of Use, or any of our usage guidelines for specific products or services.   

Your Choices 

You may contact us via the contact information below to update your information.

Cookies:  You can set your browser to refuse all or some cookies or alert you when cookies are being sent.  If you disable or refuse cookies or block the use of other technologies, some parts of the Sites may then be inaccessible or not function properly.   

Third-Party Sites 

The Sites may also contain links to other websites which are not controlled by us.  These links are made available to you as a convenience, and you agree to use these links at your own risk.  Benefitfocus disclaims any responsibility for the privacy practices or the content of such other websites.  If you navigate to a third-party website from the Sites, we strongly encourage you to review and become familiar with that third-party website’s own privacy policy and statements.   

Security 

We work to protect your personal information from loss, misuse or unauthorized alteration by using commercially reasonable security safeguards, coupled with security procedures and practices.  We maintain physical, electronic and procedural safeguards that comply with applicable laws.  We use both internal and external resources to review our security procedures.  Your sensitive information is encrypted when it is transmitted to us.  Our employees are trained and required to safeguard your information. Although Benefitfocus employs efforts to maintain security, we cannot guarantee that your information will not be intercepted by third parties’ illegal efforts.  It is your responsibility to maintain the privacy of your username and password.  Unauthorized use of your registered account with us will enable access to your personal information.  Please keep your username and password in a safe and secure place. 

Children Under the Age of 13 

The Sites are not intended for children under 13 years of age.  No one under the age of 13 may provide any personal information to the Services and we do not knowingly collect personal information directly from children under 13.  If you believe we might have collected personal information from a child under 13 without verification of parental consent, please contact us at the email address below. 

Your California Privacy Rights; Shine the Light Disclosure 

If you are a California resident, California law may provide you with additional rights regarding the use of your personal information.  Please direct your inquiries via the contact information below.  

Notice to Individuals Outside the United States 

We are headquartered in the United States and currently the Sites are only intended for individuals located in the United States.  If you are located outside of the United States, any information you provide to us will be transferred to and stored in the United States and that, by submitting information to us, you explicitly authorize its transfer and storage within the United States.  We will protect the privacy and security of personal information according to this Privacy Policy regardless of where it is processed or stored. 

Contacting Benefitfocus 

If you have any questions about this Privacy Policy, or any questions or suggestions, please contact our Privacy Officer.  Our Privacy Officer can be reached via email at [email protected], by telephone at 1-855-221-6400, or by mail at 100 Benefitfocus Way, Charleston, South Carolina 29492.