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Services Privacy Policy

Introduction 

This Services Privacy Policy explains our information gathering, use, maintenance and dissemination practices for services provided by Benefitfocus.com, Inc. and its affiliated companies (collectively, “Benefitfocus,” “we,” “our” or “us”).  This Services Privacy Policy applies to the information collected in connection with your use of the products or online benefit services provided by Benefitfocus, including, but not limited to, the mobile apps provided by Benefitfocus (collectively, the “Services”).  

This Services 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.   

This Services 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 Services after Benefitfocus posts or otherwise notifies you of any changes indicates your agreement to the changes, so please review this page periodically for updates.  

Scope

“Personal information” is data that can be used to uniquely identify or contact a single person.  Benefitfocus’ processing of personal information in connection with the Services is governed by this Services Privacy Policy and our agreements with each customer (in each case, a “Customer Agreement”). 

This Services Privacy Policy does not apply to any personal information or data collected by Benefitfocus on our websites.  For more information, please visit the Privacy Policy.

This Services Privacy Policy is not a substitute for any privacy notice that Benefitfocus customers are required to provide to their employees or other end users.

Information Collection 

We collect data provided to us by our customers and their end users in connection with our customers’ use of the Services.  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 Services 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 Services (i.e., computer or mobile device), unique number assigned to identify such device, operating system, click path taken through the Services, your use of features on the Services, 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 the Services.  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 Services 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 when you register for the Services.  When you register with us, we may ask for your first and last name, your social security number, date of birth, e-mail address, mailing address, phone number, your benefit elections, and other personal information.  Once you register with us and sign in to learn more about the Services, you are not anonymous to us.  Your benefit provider or employer directs us to collect certain categories of personal information from you.

Information Use 

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

We and our service providers may use your information, including personal information, to provide the Services, including to communicate with you; to customize the content you may see as part of the Services; 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 Services and manage, protect and improve the Services.  We require our service providers to contractually agree to protect your personal information.  

Information Sharing 

Benefitfocus will send certain personal information about you to your employer, 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 Services, to correct technical problems and malfunctions on the Services, to technically process your information, to provide the 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.  

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 the Services violate any agreement with us, including our Privacy Policy, this Services Privacy Policy or our Terms of Use, or any of our usage guidelines for specific products or services.   

Non-Benefitfocus Applications & Third Party Products and Services

The Services may integrate with or enable access to Non-Benefitfocus applications or third party tools. End users that register, install or access any Non-Benefitfocus applications or third party tools may be required to accept privacy notices provided by those third parties. Please review those notices carefully, as Benefitfocus does not control and cannot be responsible for these third parties’ privacy or information security practices.

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.  

Data Retention

We will retain your personal information for as long as is necessary for purposes for which it was collected.  The precise period will depend on the reason why it was collected.  Those periods are also based on the requirements of applicable laws, applicable legal and regulatory requirements and periods relating to the commencement of legal actions.  

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.  To learn more about the rights that may be available to you, please direct your inquiries to the party that arranged for your access to the Services.   

Notice to Individuals Outside the United States 

We are headquartered in the United States and currently the Services 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 Services Privacy Policy regardless of where it is processed or stored. 

Contacting Benefitfocus 

If you have any questions about this Services 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 29466.