PERSONALIZED TARGET CONTENT
Email subscription information that VURV collects may be used to personalize and target content of the emails user receives from VURV enabling VURV to improve its service to you. As a subscriber, you may receive information from VURV, including VURV promotions, plan, benefit or educational information and/or surveys. VURV will not sell or use the information outside of VURV. VURV may provide general reports on email subscription usage but it will not share email addresses or any personal information that allows for identification of individuals except as described herein.
LINKS AND RELATIONSHIP WITH THIRD-PARTIES
CONFIDENTIALITY, SECURITY, AND USE OF EMAIL SUBSCRIPTION INFORMATION
VURV respects the privacy of its website users. Some features, such as VURV’s doctor directory and the member’s benefit information, relate directly to a member’s personal information. VURV members who enter personal information should know all communication between their computer and VURV’s Web servers are encrypted using Transport Layer Security (TLS) technology. VURV’s security software is the industry standard and among the best software available today for secure transactions. Information of visitors simply visiting the VURV website is not collected. VURV does not store any personal billing information.
DATA TRANSMISSION PROTECTION
The Applications use industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal information such as your name and address, as well as critically sensitive information such as your credit card number. To help ensure that these measures are effective in preventing unauthorized access to your private information, you should be aware of the security features available to you through your browser. You should use a security-enabled browser to submit your credit card information and other personal information at the Applications. Please note, if you do not use a SSL-capable browser, you are at risk for having data intercepted. VURV will not be responsible for any compromise of data that is intercepted due to your use of an unsecured browser.
Most browsers have the ability to notify you if you change between secure and insecure communications, receive invalid site identification information for the site you are communicating with, or send information over an unsecured connection. VURV recommends that you enable these browser functions to help ensure that your communications are secure. You can also monitor the URL of the site you are visiting (secure URLs begin with https:// rather than the normal http://) along with the security symbol of your browser to help identify when you are communicating with a secure server. You can also view the details of the security certificate of the site to which you are connected. VURV encourages you to use this to check the validity of any site you connect to using secure communications.
You acknowledge and agree that you (and not VURV) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Applications, and for paying all charges related thereto. VURV does not operate or control the Internet or your mobile connection, and therefore VURV does not and cannot guarantee that the Applications will be error or virus free, invulnerable to hackers or other unauthorized users, or always available.
VURV collects anonymous, non-personal information about users through temporary session cookies. Cookies are small, alphanumeric identifiers that are transferred to a computer’s hard drive through the user’s Web browser, which enables VURV’s systems to recognize the browser and provide personalized features such as a member’s benefit information and doctors who participate in a member’s plan. Session cookies expire when you close your browser. If available, you can choose to have your User ID retained by checking the box next to “Remember my User ID” in the sign-on field. By doing so, a persistent cookie will be saved on the computer’s hard drive allowing the User ID to automatically populate the sign-on field each time they return to the page. This cookie is exclusive to VURV and cannot be obtained or read by other websites. The cookie will not harm the computer; however, for security reasons, use of this feature is not recommended if a user accesses a shared computer.
To the extent available, if you do not check “Remember my User ID,” VURV will still collect data about the user’s activities that do not personally or directly identify the user when visiting our website. This information may include the content the user views, the date and time that the user views this content, the products the user purchases, or the user’s location information associated with the user’s IP address. VURV does not collect personal identifying information about a user, will not link to any protected health information, and will not target ads to a user based on sensitive health data.
In addition, VURV uses technologies such as cookies and pixels to keep track of user activities on the Applications and the websites of VURV’s third-party advertising companies (“Advertising Partners”), and may use those cookies to serve user more relevant advertisements. VURV and the Advertising Partners’ sites use session cookies and persistent cookies to make it easier for user to navigate and enhance the experience of the site, and to monitor and evaluate the site’s operation and use. Any data used to serve targeted advertisements is de–identified and is not used to personally or directly identify a user. VURV requires third-parties, including Publishers, to provide notice and obtain appropriate consent, where required by applicable law.
VURV may work with Advertising Partners to help VURV recognize users and serve relevant advertisements to users when you visit a website or online service in their network. VURV may also work with Advertising Partners who help VURV recognize users across different devices in order to show users relevant advertisements. VURV Advertising Partners may collect information about user’s activities on the Applications, VURV’s Advertisers’ websites, and other websites or online services in their networks. VURV may also work with third-party companies to assist VURV with website analytics such as evaluating the use and operation of the Applications so that VURV can continue to enhance the Applications and VURV’s services.
VURV may use persistent cookies to keep track of user’s activities when user visits the Applications and to serve user relevant advertisements. VURV’s Advertising Partners may also place persistent cookies on user’s device when you visit the Applications or VURV’s Advertisers’ websites in order to help VURV recognize user and serve relevant advertisements to user when user visits their website or online service or websites in their networks. VURV only collects information that does not personally or directly identify you via these cookies.
Most browsers can be set to reject all cookies. The Help portion of the toolbar on most browsers will tell a user how to prevent the browser from accepting new cookies, provide notification if new cookies are received, or disable cookies altogether. However, if cookies are rejected, you will not be able to take advantage of the following member-specific capabilities of the Applications: (a) finding a participating doctor specific to their plan; (b) viewing personal eligibility and coverage details; (c) viewing information on services received; and (d) viewing a dependent’s benefit details. If cookies are not rejected, the user will be able to utilize these capabilities.
You may have the right to request access to and receive information about the personal information VURV maintains about you, update and correct inaccuracies in your personal information and have the information blocked or deleted, as appropriate. The right to access personal information may be limited in some circumstances by local law requirements. You also have the right to opt out, free of charge, from the processing of your personal information for marketing purposes. All requests for access, rectification, blocking and opting-out must be made in writing, signed, dated and emailed to firstname.lastname@example.org.
Any illegal or unauthorized use of the Applications shall constitute a violation of these Terms. You do not have permission to access the Applications in any way that violates these Terms. Illegal or unauthorized use of the Applications includes, but is not limited to, unauthorized framing of or linking to the site, or unauthorized use of any robot, spider or other automated process on the Applications. It shall also be a violation of these Terms for any individual (or group of individuals acting in concert) to request, more than 100 pages of content from site in any twenty-four hour period (hereafter referred to as “Abusive Use”).
You acknowledge that you are seeking access to a private computer system for authorized users only. Unauthorized access or use of the Applications is prohibited. You expressly consent to monitoring of your activities by system personnel and understand that information relating to possible criminal conduct may be provided to officials for disciplinary and/or legal action. A user’s network traffic is monitored and logged for auditing purposes. By creating an account, you acknowledge that you are authorized user and you are responsible for using VURV systems in a productive, ethical, and lawful manner.
You agree that you will not use any robot, spider or other automatic device, process or means to access the Applications. Nor shall you use any manual process to monitor or copy the Applications pages or the content contained thereon or for any other unauthorized purpose without VURV’s prior express written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Applications nor shall you attempt to interfere with the proper working of the Applications. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Applications without the prior express permission of VURV.
Violation(s) of these Terms, including unauthorized entry or unauthorized use of this site, may be investigated and appropriate legal action may be taken, including, without limitation, civil, criminal and/or injunctive redress. You understand and agree that in VURV’s sole discretion, and without prior notice, VURV may terminate your access to the Applications, remove any unauthorized content or exercise any other legal or equitable remedy available, if VURV believes that your conduct or the conduct of any person with whom VURV believes you act in concert, or the content provided by you, violates or is inconsistent with these Terms or the law, or violates the rights of VURV or another user of the Applications. You agree that monetary damages may not provide a sufficient remedy to VURV for violations of these Terms and you consent to the application of injunctive or other equitable relief for such violations.
You agree that Abusive Use of the site, as defined above, causes damage and harm to VURV in the form of, among other things, impaired goodwill and increased expenses associated with responding to Abusive Use of the Applications. You further agree that monetary damages for Abusive Use are difficult to ascertain and that proof of monetary damages for Abusive Use would be costly and inconvenient to calculate. Accordingly user agrees that injunctive or other equitable relief is warranted for Abusive Use. Therefore, you agree that if you, or others who act in concert with you, alone or collectively request more than 100 pages of content from the Applications in any twenty-four hour period, you, and those acting in concert with you, may be held jointly and severally liable for reasonable attorney’s fees, expert witness fees and costs associated with injunctive or other equitable relief.
APPLE-SPECIFIC TERMS AND CONDITIONS
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, you acknowledge and agree to the following provisions with respect to your use of the version of the App that is compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including, without limitation, any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to VURV in accordance with the “QUESTIONS” section below. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, VURV’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
ALPHABET (GOOGLE/ANDROID) SPECIFIC TERMS AND CONDITIONS
In addition to your agreement with the foregoing Terms, you acknowledge and agree to the following provisions with respect to your use of the Android compatible version of the App. This App is an agreement between you and us. Our App is available to our customers. Alphabet Inc. (“Alphabet”) is not a party to the App Terms and does not own and is not responsible for the App. Alphabet is not providing any warranty for the App. Alphabet is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including, without limitation, any third party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to us at the address provided in the ‘Contact Us’ section of the App. The license you have been granted herein is non-exclusive, worldwide, and perpetual to perform, display, and use the App on the device. In addition, you agree to comply with the terms of any third party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Alphabet and Alphabet’s subsidiaries are third party beneficiaries of this Terms and that, upon your acceptance of the Terms, Alphabet will have the right (and will be deemed to have accepted the right) to enforce this Terms against you as a third party beneficiary thereof.
Alphabet, Google, Google Play, Android and other marks are trademarks of Alphabet Inc., registered in the U.S. and other countries.
Updated by the VURVhealth Legal Team on April 2, 2019