Terms and Conditions
The following Terms and Conditions of Use (the “Terms”) constitute an agreement
between you and Healthper USA, Inc. (“Healthper”), the operator of www.healthper.com
(together with related websites owned and operated by Healthper, collectively and
each separately, the “Site”). These Terms govern your use of the Site, and you understand
and agree that by accessing or using the Site, you agree to be bound by these Terms.
These Terms are preliminary, and Healthper reserves the right at any time to modify
these Terms and to impose new or additional terms or conditions on your use of the
Site. Such modifications and additional terms and conditions will be effective immediately
and incorporated into these Terms without notice. It is your responsibility to check
Terms and Conditions of Use to inform yourself of any such
changes. Your continued use of the Site will be deemed acceptance of the Terms as
posted on the Site at the time of such use.
- THE SITE DOES NOT PROVIDE MEDICAL ADVICE. All of the content contained
on or provided through the Site, such as text, graphics, images, information and
other material (“Content”), is for informational purposes only and is not advice
specific to your healthcare. Healthper does not engage in the practice of medicine.
Healthper does not provide medical diagnoses or recommendations about the course
of treatment for your particular circumstances, and does not recommend or endorse
any specific services, procedures, tests or products referred to, or opinions or
information that may be contained, in the Content for your particular circumstances.
None of the Content is intended to be used as a substitute for medical advice, diagnoses
or treatment, and the Content should never be used as a substitute for seeking medical
advice from your own physician or healthcare provider. The Content is for your personal
use only and will not be assessed or reviewed by Healthper in order to diagnose
or treat any medical symptom or condition. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY,
CALL YOUR DOCTOR OR 911 IMMEDIATELY. Always seek the advice of your physician or
qualified healthcare provider with any questions you may have regarding a medical
condition, or before taking any drug, changing your diet or commencing or discontinuing
any course of treatment, regardless of any information you obtain from the Site.
Do not rely solely on the Content or on anything you have read or seen on the Site
to make medical or treatment decisions. NEVER DISREGARD MEDICAL ADVICE OR DELAY
IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR SEEN ON THE SITE.
- Your Eligibility, Account and Access to the Site By accessing the
Site or otherwise accepting these Terms, you represent and warrant to Healthper
that you have reached the age of majority in your jurisdiction, and that you have
the right, authority and capacity to agree to and abide by these Terms. You also
represent, warrant and covenant to Healthper that you will comply with all local,
state, federal, and national laws, statutes, ordinances and regulations that apply
to your use of the Site and the Content. You must provide accurate and complete
registration information any time you register to use the Site. The privacy and
security of our members' accounts is of paramount importance to Healthper. Healthper
goes to great lengths to protect the confidentiality and the security of your account
and urges you to do the same. You agree not to allow anyone to gain access to your
account or to let anyone know your password. You must immediately notify Healthper
of any unauthorized use of your password or account by e-mailing
email@example.com.You agree to assume responsibility for all transactions
initiated through your account with your Healthper password, up to the limits allowed
by applicable law. No Healthper representative will ever call and ask for your password.
If you create, submit, post or otherwise display information while using the Site,
you may provide only information that you own or have the right to use. You acknowledge
and agree that you are solely responsible for the form, content and accuracy of
any information or material submitted, posted or displayed on or through the Site
by you. You agree not to post or upload any information or other content that on
the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent;
(c) infringes any copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous,
threatening, abusive, hateful or contains pornography. You shall not interfere with
other members' use and enjoyment of the Site (for example, by harassing, threatening,
soliciting, overly promoting personal interests, or stalking another member, including
the use of expressions of bigotry, racism, hatred or profanity). You shall not use
the Site to conduct any activity that is illegal or violates the rights of others,
provide instructional information about illegal activities or promote physical harm
or injury against any group or individual.
- Use of the Content. The Content is protected by all applicable
intellectual property laws including without limitation Title 17 of the United States
Code. The Content contains trademarks, service marks and registered trademarks of
Healthper and its licensors. All rights and title to the Content, trademarks and
service marks herein remain with Healthper or its licensors. Healthper gives you
a personal, revocable, non-assignable and non-exclusive license to use the Site
and to download (at your own risk) a single copy of the Content solely for your
personal use, provided that you do not alter, obscure, or remove any copyright or
trademark notice present in the Content. All rights not expressly granted herein
are reserved to Healthper and its licensors, including third parties (which may
include other members of the Site) that may provide Content. You may not reproduce,
duplicate, copy, sell, trade, resell or exploit for commercial gain any portion
of the Site or the Content. You may not access the Site other than by the interfaces
provided by Healthper or interfere with or disrupt the proper operation of the Site.
You may not circumvent or disable any security measure adopted by the Site (including,
without limitation, making available any passwords [or access codes] issued to others.)
You may not access or use the source code (other than human readable HTML code made
available through the ordinary operation of commercial browsers) used to implement
and operate the Site by any means, including, without limitation, reverse engineering
such source code through reverse engineering, de-compilation or disassembly of executable
code made accessible through the Site. Except as permitted by these Terms, you may
not link to the Site.
- Third Party Content, Services and Products and External LinksHealthper
may make third-party content, services or products available through the Site. In
order to use a specific service or product, you may choose to allow the third-party
service provider to retrieve, provide and/or modify health and other information
in your account or otherwise share your information with the service provider. Once
you enable a specific third-party service provider to access your Healthper account,
the service provider may continue to access your account until you affirmatively
disable access. Third-party service providers may include both health care providers
and other entities. It is your sole responsibility to review and approve each such
third-party service before sharing your information through, or otherwise accessing,
such service. While Healthper reserves the right in its sole discretion to screen,
modify, refuse, or remove certain content provided by third parties (including other
members of the Site) from time to time, Healthper does not assume any obligation
to do so and disclaims any liability for failing to take any such action. The advice,
recommendations, information and conclusions posted or e-mailed by other members
of the Site are not in any way vetted, approved or endorsed by Healthper and you
use such information at your own risk. The Site may contain links to third-party
websites. The linked sites are not under the control of Healthper, and Healthper
is not responsible for the contents of any linked site. Healthper provides these
links as a convenience only, and a link does not imply Healthper's endorsement of,
sponsorship of, or affiliation with (a) the linked site, (b) the third-party health
care provider or service provider associated with such linked site or (c) the content,
products or services accessed or offered through the linked site. You should make
whatever investigation you feel necessary or appropriate before proceeding with
any transaction with any of these third parties. YOUR USE OF THIRD-PARTY CONTENT
POSTED ON THE SITE OR THIRD-PARTY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE
IS SOLELY AT YOUR OWN RISK. FURTHER, YOUR USE OF THIRD-PARTY CONTENT POSTED ON ANY
LINKED WEBSITE OR THIRD-PARTY PRODUCTS OR SERVICES ACCESSED OR OFFERED THROUGH ANY
LINKED WEBSITE IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE
FOR SUCH SITE. HEALTHPER DISCLAIMS ANY AND ALL LIABILITY FOR ANY MEDICAL AND HEALTH
TREATMENT INFORMATION OR OTHER CONTENT POSTED BY THIRD PARTIES ON THE SITE OR ANY
LINKED SITE OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES ACCESSED OR OFFERED
THROUGH THE SITE OR ANY LINKED SITE.
- Participation in Programs for Tokens/Rewards. Only individuals
18 years of age or older and residing in the U.S. may enroll to participate in programs
or activities to earn points and redeem rewards that may be made available from
time to time by Healthper, its Affiliates or Sponsors, in Healthper's sole discretion.
If you are eligible, you may be given opportunities to earn Healthper Tokens™ (“Tokens”)
by taking advantage of Token-earning opportunities on the Site and other third party
Web sites; responding to offers from participating advertisers and partners via
email, postal mail or telephone; and complying with the terms of other offers or
programs from the Site or other participating companies. Healthper reserves the
right to send you messages from time to time for which You may not be rewarded.
Such messages may include Site system updates; flash bulletins; order confirmations;
administrative announcements; special requests and other similar messages ("Administrative
Messages") and may be sent via message post to your account on the Site, email or
regular mail. You may elect to stop receiving email, but cannot unsubscribe from
these Administrative Messages while enrolled as a participant in Healthper on the
Site. Healthper is under no obligation to provide you with any particular number
of Token-earning opportunities or send messages to you. Healthper reserves the right
to limit Site enrollment at any time. Healthper reserves the right to prevent access
to the Site and its Token/Rewards programs from IP addresses outside of the U.S.
Corporations or other business entities are not eligible to become participants.
Participation is limited to one individual per Site account. Healthper allows only
one email address per participant. You agree to comply with the terms of all Site
and participating advertiser and partner offers, promotions, and programs at all
times. You agree not to abuse Site privileges by conduct which is detrimental to
the interests of Healthper, including without limitation attempting to accrue Tokens
or use Tokens in a manner inconsistent with the rules of the Site or intent of this
Agreement, having multiple accounts, attempting to earn Tokens through other than
legitimate channels, participating in purchasing or redemption fraud, or tampering
with Site reward links, etc. Healthper reserves the right to terminate or disable,
at Healthper's sole discretion, Your membership/participation if Healthper believes
You have violated or acted inconsistently with the rules of the Site or intent of
this Agreement. You understand and agree disabling of membership/participation will
result in your inability to redeem and/or earn Tokens. You understand and agree
termination of membership/participation will result in the cancellation of all of
Your Tokens. Healthper shall be the sole determiner in cases of suspected abuse,
fraud, or violation of its rules and any decision it makes relating to termination
of membership/participation (including cancellation of Tokens) shall be final and
binding. Healthper reserves the right to adjust your Tokens balance with award reversals
for items returned or transactions not completed or cancelled. A pattern of placing
orders followed by cancellations is construed as purchasing fraud and could result
in the termination of your Healthper account. Points may be spent only on rewards
as offered through the Site at the time of redemption. Tokens have no cash value.
Healthper is not responsible for lost or stolen rewards once issued. Rewards are
subject to change at any time without notice. The number of Points required to redeem
for a reward are subject to change at any time without notice. Inquiries regarding
rewards ordered and not received must be received by Healthper within 6 months after
the initial redemption date. Thereafter, Healthper will have no obligation to re-send
rewards to you. Tokens will be subtracted from your account once the redemption
order is placed and captured by the Site system. Once used to claim a reward, Tokens
will not be reinstated to Your account. In conjunction with redeeming Tokens for
rewards, you agree to confirm that all information in your personal profile is up
to date and accurate. You agree to promptly notify Healthper of any change in your
address (mail or email) or personal profile by updating Your personal information
in the My Profile section of the Site under My Account. Your discontinued participation
in the Site or failure to notify Healthper of any address (mail or email) or profile
changes may result in the termination of your membership and forfeiture of your
unredeemed Tokens. Healthper reserves the right to cancel or disable accounts and
expire unredeemed Tokens in those accounts that are inactive for a period of 12
consecutive months. Inactive shall be defined as lack of one of the following: website
visit, email response (click-thru), survey completion, profile update or any Token-earning
or redemption transaction. Healthper reserves the right to limit the opportunities
to earn Tokens available to you while you remain inactive. You shall comply with
all laws, rules, and regulations that are applicable to you. You acknowledge that
you may only participate in Token-earning transactions for Tokens if and to the
extent that such participation is permitted by such laws, rules, and regulations.
Healthper may refuse to enroll you, or to restrict, modify, or terminate your participation
in activities on the Site, without liability to you or any other party, if you violate
any law, rule, or regulation, or if your participation in the Site could violate
any law, rule, or regulation.
- Participation in Promotions of Advertisers, Merchants and other Third Parties.
Your correspondence with or participation in promotions of Healthper advertisers,
sponsors and partners are solely between you and the advertiser, sponsor or partner.
Healthper assumes no liability, obligation, or responsibility for any part of any
such correspondence or promotion, including without limitation withdrawal or modification
of any offer or promotion. You understand that, in some cases, there may be delay
in the crediting of Tokens for promotions of advertisers, sponsors or partners due
to their failure to provide necessary information to Healthper for such crediting
of Tokens. Healthper will not be responsible or liable for the delay or failure
to credit Tokens in such event.
- Non-Transferability. Your right to use the Site is non-transferable.
Tokens are non-transferable and are void if transferred. Your right to access and
participate in the Site will terminate immediately in the event of your death. Tokens
and/or rewards may not be bartered or sold. Your account and Tokens are not transferable
upon death or as part of a domestic relations matter or otherwise by operation of
- Information Sharing. You control what information is added to your
personal account. You can immediately delete your information at any time. Deletion
will be initiated immediately, and your information will be purged from your account
shortly thereafter. Additional backup copies of deleted information may persist
for a short time. By submitting, posting or displaying information on the Site,
you grant Healthper a worldwide, royalty-free, non-exclusive license to use and
distribute such information in connection with the Site, without any compensation
or obligation to you. However, you control who can access information about yourself
on the Site. By default, you are the only member of the Site who can view and edit
your information, but you have the option to share your information with other members.
Healthper may only use information you provide as permitted by the
under the Health Insurance Portability and Accountability Act of 1996, a federal
law that provides for certain protections of the use and disclosures of an individual's
identifiable health information, and the regulations promulgated thereunder (“HIPAA”).
As a result, HIPAA does not apply to the transmission of health information by Healthper
to any third party. You control what health information is added to your personal
account. If you authorize a HIPAA covered entity such as your healthcare provider
to provide information to Healthper on your behalf, that information will no longer
be subject to HIPAA. See HEALTHPER - HIPAA STATEMENTand the
Authorization for Use and Disclosure of My Protected Health
- Privacy and Additional Terms. You agree that (a) your use of the
Site and the Content is subject to each of the additional terms provided in connection
- Modification and Termination.Healthper, in its sole discretion,
may place limits on, modify, suspend or terminate the Site generally, and, if you
fail to comply with these Terms, Healthper may suspend and terminate your access
to the Site or any portion thereof. YOU OR HEALTHPER MAY TERMINATE YOUR PARTICIPATION
IN OR ACCESS TO THE SITE WITH OR WITHOUT CAUSE AT ANY TIME. YOUR RIGHT TO USE THE
SITE IMMEDIATELY CEASES UPON TERMINATION AND YOUR UNREDEEMED TOKENS SHALL BE CANCELLED.
Your termination of Your participation is effective upon Your submitting a termination
request [by email to firstname.lastname@example.org / or through the Site. You understand
that, in some cases, You may still receive messages (which may have been scheduled
prior to Your termination) after termination. You may not earn or redeem Tokens
after termination except during any grace period Healthper may allow in its sole
discretion or as required by law. Should You object to any of the terms and conditions
of this Agreement, or any subsequent modifications thereto, or become dissatisfied
with the Site, Your only recourse is to immediately discontinue participation in
the Site and properly terminate Your participation in the manner indicated above.
Healthper reserves the right to terminate the participation or access to the Site
of anyone who appears to be using the Site in a manner inconsistent with this Agreement,
the intent of this Agreement, or any Site rules. In the event of any termination,
your license to view the Content shall automatically terminate and you must immediately
destroy any electronic or paper copies of the Content in your possession. The suspension
or termination of your access to the Site, or any portion thereof, may result in
the deletion of your information, files and other previously available content.
Healthper shall not be liable to you or any third party for any such termination
or discontinuance. Healthper's rights set forth in this Section are in addition
to and not in lieu or limitation of any other right or remedy Healthper may have
available at law. If Healthper terminates the Site or your use of the Site, these
Terms will continue to be effective as applicable.
- Disclaimer of Warranties. The Site and the Content are provided
on an “AS IS” basis. Healthper makes no representations about the accuracy, reliability,
completeness or timeliness of the Site or the Content. The use of the Site and the
Content is at your own risk. You should not assume that the Content is complete
or up-to-date on any particular topic. Healthper assumes no liability arising from
or relating to the delay, failure, interruption or corruption of any data or other
information transmitted in connection with use of the Site. Further, because user
authentication on the Internet is difficult, Healthper cannot and does not confirm
that each user of the Site is who he or she claims to be. NEITHER HEALTHPER NOR
ANY OF HEALTHPER'S LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS
ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER HEALTHPER NOR ANY
OF HEALTHPER'S LICENSORS MAKE ANY WARRANTY THAT THE CONTENT SATISFIES GOVERNMENT
REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT
IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER HEALTHPER NOR ANY OF HEALTHPER'S
LICENSORS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER
COUNTRY. HEALTHPER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM
YOUR USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU
MAY OBTAIN FROM THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
- Limitation of Liability.Healthper is not liable to you or anyone
else for any decision made or action taken based on reliance upon the Content or
the Site. HEALTHPER AND ITS LICENSORS AND SUPPLIERS ARE NOT LIABLE FOR INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR
UNFORESEEABLE, OF ANY KIND WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE
SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHER LEGAL OR EQUITABLE THEORIES, EVEN IF HEALTHPER AND ITS LICENSORS
AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. HEALTHPER'S MAXIMUM
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT,
REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY
OR OTHERWISE), WILL NOT EXCEED $100. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HEALTHPER'S LIABILITY WILL BE
LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Indemnification. You agree to defend, indemnify, and hold harmless
Healthper, its officers, directors, employees, agents, licensors and suppliers,
and their respective officers, directors, employees and agents, from and against
any claims, actions or demands (including, without limitation, reasonable legal
and accounting fees and costs) alleging or resulting from (a) any information or
other material you provide to the Site, (b) your use of the Site or any Content,
or (c) any breach by you of these Terms. Healthper shall promptly provide you with
notice of any such claim, suit or proceeding; provided, however, that Healthper's
failure to provide such notice or delay in providing such notice shall not relieve
you from your liabilities or obligations hereunder, except solely to the extent
of any material prejudice as a direct result of such failure or delay.
- Choice of Law, Jurisdiction and Dispute Resolution.These Terms
are governed by the internal substantive laws of the State of New Jersey, without
respect to its conflict of laws principles. Except as otherwise set forth in these
Terms, you expressly agree that exclusive jurisdiction for any dispute with Healthper,
or in any way relating to your use of the site, resides in the courts of the State
of New Jersey, and you further agree and expressly consent to the exercise of personal
jurisdiction in the courts of the State of New Jersey in connection with any such
dispute including any claim involving Healthper or its affiliates, subsidiaries,
employees, contractors, officers, or directors. Any disputes arising out of or relating
to these Terms or any of the additional terms referenced in Section 6 hereof shall
be resolved by final and binding arbitration under the rules and auspices of the
American Arbitration Association, to be held in Jersey City, New Jersey, with a
written decision and legal reasoning issued by the arbitrator at either party's
request. The parties shall bear equally all fees, costs and expenses of the arbitration;
provided that each party shall bear its own legal expenses, attorneys' fees and
costs of all experts and witnesses.
additional Terms for certain areas of the Site or a particular legal notice, these
Terms constitute the entire agreement between you and Healthper and govern your
use of the Site, superseding any prior or written agreements between you and Healthper.
Healthper's licensors may be third-party beneficiaries of these Terms. There are
no other third-party beneficiaries to these Terms. If any provision of these Terms
is found to be invalid by any court having competent jurisdiction, that provision
shall be construed in a manner consistent with applicable law to reflect, as nearly
as possible, the original intentions of the parties, and the invalidity of such
shall not affect the validity of the remaining provisions of these Terms, which
shall remain in full force and effect. No waiver of any term of these Terms shall
be deemed a further or continuing waiver of such term or any other term. In addition,
Healthper's failure to enforce any term of these Terms shall not be deemed as a
waiver of such term or otherwise affect Healthper's ability to enforce such term
at any point in the future. All of Healthper's rights and obligations under these
Terms are freely and fully assignable by Healthper in connection with a merger,
acquisition, or sale of assets, or by operation of law or otherwise. Neither your
rights nor your obligations arising under these Terms are assignable or transferable
by you, and any such attempted assignment or transfer shall be void and without
effect. Each party hereto is an independent contractor of the other and no agency,
partnership, joint venture or employee-employer relationship is intended or created
by these Terms. Except as expressly set forth herein, neither party shall have the
power to obligate or bind the other party.
A Special Note about Children
Information about You That We Collect
- Healthper is committed to protecting the privacy of children. This Site is not designed
or intended to attract anyone under age 18. We do not collect any personal information
from any person if we know such person is a child under the age of 18 or under the
legal age of majority in your jurisdiction. BY ACCESSING THIS SITE, YOU REPRESENT
THAT YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION.
- We strongly recommend that minors ask their parents for permission before sending
any information about themselves to anyone over the Internet and we encourage parents
to teach their children about safe Internet use practices.
How We Use Information about You
- We may collect information directly from you through your use of the Site, including,
but not limited to your name, email address, gender, birth date, occupation and
other demographic information. We may also ask for additional information about
you for security reasons, or to provide products or services to you. Once you have
opened an account on this Site, you can provide other information about yourself,
such as your family, friends, networks, activities and interests. One of the primary
reasons people use this Site is to share information with others. Examples include
when you make a comment, write a note, send someone a message, create or join a
group, upload a file or share a link. If you do not want us to store metadata associated
with the content you share on this Site (such as a photo file), please remove the
metadata before uploading the content.
- As with many other websites, the Web servers used to operate the Site may collect
certain data pertaining to you and the equipment and communications method that
you use to access the Internet and this Site. We also may collect other identifying
information from or about you in connection with your use of the Site. For example,
we may collect and store the content of, and data regarding, any correspondence
you may have with us or our representatives, regardless of the subject matter or
the mode of communication by which such correspondence is made.
How We Share or Disclose Information about You
- We may use information about you to notify you of opportunities available on or
through the Site, to customize the Site content for you, to send you materials that
you request from us, and for other legitimate and lawful business purposes.
- Healthper may combine information about you with information about others who use
the Site and remove all personal identifiers from the resulting combined information
to create “de-identified information.” We use de-identified information in the development
of products and services to meet the continuing needs of our clients, and to analyze
and improve the content, features, materials, and opportunities that we may make
available on the Site. If you contact us for support or assistance, we may use information
about you or your computer that you provide for purposes such as verifying whether
your computer meets the minimum requirements needed to use the Site and our various
- Data collected by our Web servers or otherwise through use of the Site is used to
facilitate Site operation and system administration, to generate aggregated, non-identifiable
statistical information, to monitor and analyze Site traffic and usage patterns,
and to improve the content and content delivery with regard to the Site and the
content, materials, opportunities, and services that we describe or make available
on the Site. These data may reveal such things as the Internet Protocol address
assigned to your computer, specific pages that you accessed on the Site or immediately
prior to visiting the Site, and the length of time you spend at the Site, but without
combining these data with other sources of information, they do not readily or individually
identify you. For security reasons and to confirm the integrity of our data, however,
we may combine components of these data with other sources of information that may
and Conditions of Use, such identifying information will be used solely for our
internal business purposes.
Our Use of "Cookies"
- In certain limited circumstances, we may disclose information about you and your
usage of the Site, if we become subject to a subpoena, search warrant or court order,
or if we are otherwise legally required to disclose such information. Healthper
may disclose information about you as necessary to establish or exercise our legal
rights, to enforce the Terms and Conditions of Use to assert and defend against
legal claims, in connection with a corporate transaction resulting in a transfer
of the assets or line of business relating to such data, and to investigate, prevent,
or take other action regarding actual or suspected illegal or fraudulent activities.
Healthper also may disclose such information in special cases, such as in response
to a potential threat to the physical safety or well-being of you or others or to
- We may share aggregated demographic and behavioral information about our user base
with our partners and advertisers. This information does not identify individual
- Healthper shares personal information with others outside of Healthper in the following
- We have your consent. We will provide you with notice of the transfer and obtain
your affirmative opt-in consent for the sharing of any sensitive personal information.
- We provide such information to our subsidiaries, affiliated companies or other trusted
businesses or persons for the purpose of processing personal information on our
behalf. We require that these parties agree to process such information based on
appropriate confidentiality and security measures.
- If you elect to redeem Healthper Tokens in your account for merchandise, travel,
gift cards or other items available through Healthper, such items will generally
be provided through a trusted third party vendor website accessible as a link, tab
or page on our Site, and we will provide personal information, including name, email,
gender, date of birth, and address on file to the vendor for the purpose of processing
the fulfillment of your redemption transactions. We require that any such vendor
agree to process such information based on our instructions and in compliance with
- We have a good faith belief that access, use, preservation or disclosure of such
information is reasonably necessary to (a) satisfy any applicable law, regulation,
legal process or enforceable governmental request, (b) enforce applicable Terms
of Service, including investigation of potential violations thereof, (c) detect,
prevent, or otherwise address fraud, security or technical issues, or (d) protect
against harm to the rights, property or safety of Healthper, its users or the public
as required or permitted by law.
- If Healthper becomes involved in a merger, acquisition, or any form of sale of some
or all of its assets, we will ensure the confidentiality of any personal information
involved in such transactions and provide notice before personal information is
- Disclaimer. We reserve the right to disclose your individually identifiable information
as required by law and when we believe that disclosure is necessary to protect our
rights and/or to comply with a judicial proceeding, court order, or legal process
served on the Site. We may be required to disclose personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
- “Cookies” are small files of data that reside on your computer and allow us to recognize
you as a Healthper client if you return to the Site using the same computer and
browser. We send a “session cookie” to your computer if and when you visit this
Site. These cookies allow us to recognize you if you visit multiple pages in this
Site during the same session.
- We also use longer-lasting cookies to display your name on some of our Web forms,
so that you do not have to retype your name and contact information each time you
request content that requires a form to be submitted. Our cookie files are encoded
so that any information stored in them may only be interpreted by the servers on
this Site. Web browsers and other software allow you to erase cookies from your
computer's hard drive, to block or reject all cookies, or to receive a warning before
a cookie is stored. If you choose to reject cookies, the Site may not operate efficiently
We use commercially reasonable methods to keep information about you that we collect
or store on or through the Site safe from unauthorized access, modification or use.
Because Healthper respects your privacy and values your trust, the only persons
to whom we give access to information about you are those who use it to provide
Healthper maintains physical, electronic, and procedural safeguards designed to
comply with applicable state and federal standards to help guard information about
you and to assist us in preventing unauthorized access to that information. Nevertheless,
no set of security safeguards is guaranteed to be impenetrable. We cannot and do
not guarantee that communications to or from the Site, or that data transmitted
or stored on or through the Site, are or will be totally secure from loss, misuse
or unauthorized access by third parties.
Sharing Information on healthper.com
This section explains how the privacy settings on your account work, and how your
information is shared with other users on this Site. You should always consider
your privacy settings before sharing information on this Site. You hereby acknowledge
that Healthper USA, Inc. is not responsible for any information you share with other
users on this Site, and in sharing such information, you release us from any and
all claims arising out of or related to the use of such information in any manner
by any other person.
You Have Options
- Name and profile picture. This Site is designed to make it easy
for you to find and connect with others. For this reason, your name and profile
picture do not have privacy settings. If you are uncomfortable with sharing your
profile picture, you should not upload one (or delete it if you have).
- Contact information. Your contact information settings control
(available when customizing your privacy settings) who can contact you on this Site,
and who can see your contact information such as your e-mail address and phone number(s).
Remember that none of this information is required except for your e-mail address,
and you do not have to share your e-mail address with anyone.
- Posts. You must select a privacy setting for every post you make
using the publisher on this Site. You can control who can see it at the time you
create it. If you decide not to select your setting at the time you post the content,
your content will not be shared with any other user.
- Gender and Birth Date. In addition to name and e-mail address,
we require you to provide your gender and birth date during the registration process.
We ask for your date of birth to verify that you are 18 or older. Because your date
of birth and gender are required, you cannot delete them. You can, however, edit
your profile to hide all (or part) of such fields from other users.
- Medical Information. Information related to your medical treatment,
diagnosis by a health care professional and other health or medical
information that you provide or cause to be uploaded to this Site is subject to
- Here are some other things to remember:
- Some of the content you share and the actions you take will show up on the pages
of other users to whom you have allowed access.
- Even after you remove information from your profile or delete your account, copies
of that information may remain viewable elsewhere to the extent it has been shared
with others, it was otherwise distributed pursuant to your privacy settings, or
it was copied or stored by other users.
- You understand that information might be shared or copied by other users.
- Certain types of communications that you send to other users cannot be removed,
such as messages.
- When you post information on another user's profile or comment on another user's
post, that information will be subject to the other user's privacy settings.
- If you use an external source to publish information to this Site (such as a mobile
application), you should check the privacy setting for that post, as it is set by
that external source.
Complaints and Questions
- When corresponding with Healthper or our representatives, or when making a request
for information or otherwise interacting with Healthper through the Site, you choose
what information to supply, what questions to pose, and what comments to make, whether
you wish to receive further information, and how we should provide such information.
Please take care to share only information that you believe is appropriate.
- There may be opportunities on the Site for you to opt-in or opt-out of certain uses
and disclosures of information specific to particular tools or sections of the Site.
There also may be opportunities for you to designate how you would like your e-mail
address to be used or not used by Healthper for purposes related to the services
provided through the Site. Please take care to evaluate these options where they
- If you wish to remove information about you from the Site, or limit the use and disclosure of your information to third parties, please contact Healthper's
Privacy Officer at the following address: Privacy
Officer Healthper USA, Inc. 24 Guenevere Court, Hamden, CT 06518.
- Please be aware that it may not be technologically possible to remove each and every
data record from our servers.
- Healthper acknowledges that individuals have the right to access the personal information/data that we maintain about them. An individual who seeks access, or who seeks to correct, amend, or delete
inaccurate data, should direct his query to email@example.com. If requested to remove data, we will
respond within a reasonable timeframe.
If you have any questions or concerns regarding the privacy of your information,
please contact the Healthper Privacy Officer at
firstname.lastname@example.org. Healthper is committed to maintaining the privacy and
security of your information consistent with all applicable legal requirements and
the terms of this Policy and will review all legitimate concerns.
Changes to the Website
Policy and our privacy practices, because of changes in relevant and applicable
legal or regulatory requirements, in our business practices, or in our attempts
to better serve your needs and those of our other clients. When we do so, we will
Any such change will be effective immediately upon posting on the Site. You are
For your convenience, this Site may contain links to websites that are not operated
by or affiliated with Healthper. These third party websites are not under our control.
privacy or security practices of those sites or of any companies that we do not
own or control. Any information you disclose once you access these other web sites
about you is collected, used, and protected.
Healthper at Privacy Officer,Healthper,
Inc. 24 Guenevere Court, Hamden, CT 06518, or by email at email@example.com.
- If you become aware of any breach of Site security, this
BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND,
AND CONSENT TO OUR PRIVACY PRACTICES AND TO THE USES AND DISCLOSURES OF INFORMATION
THAT WE COLLECT ABOUT YOU AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
OF USE APPLICABLE TO YOU.
practices that are specific to our treatment of individually identifiable health
information (“Health Information”) when you use www.healthper.com or related websites
owned and operated by Healthper USA, Inc. (“Healthper”) (collectively and each separately,
more broadly describes how Healthper treats all individually identifiable information,
including Health Information, when you use the Site.
any time. Such modifications will be effective immediately and incorporated into
this Policy without notice. It is your responsibility to check
changes. Your continued use of the Site will be deemed acceptance and understanding
of this Policy at the time of such use.
You are in control of your Health Information
How you can share your Health Information
- To store your Health Information on the Site, you will need an account on the Site
(an “Account”). You control what Health Information is stored in your Account and
can store as much or as little information in your Account as you want. If you so
choose, your Health Information may include your medical record and history information
(e.g., conditions, allergies, test results, medications, immunizations or health
insurance information) and/or your wellness data and goals (e.g., personalized wellness
goals around weight or exercise).
- While you can edit Health Information that you have personally entered into your
Account at any time, you cannot edit Health Information that third parties send
to your Account at your request. You can, however, partially or completely delete
your Health Information at any time. Deletion will be initiated immediately, and
your Health Information will be purged from your Account shortly thereafter. Additional
backup copies of deleted information may persist for a short time. Since deleted
data will not be restored, you may want to print information before deleting it.
Deletion will not revoke your prior consent or authorization for uses and disclosures
of your Health Information prior to your deletion.
- You control who can access your Health Information through the Site. By default,
you are the only member of the Site who can view and edit your Health Information,
but you have the option to share your Health Information with other members of the
Site or, as outlined below, third-party service providers. You can revoke access
to your Health Information at any time.
- Health Information stored in your Account is not publicly accessible through internet
searches on Google.com or other internet search engines. Healthper will not sell,
rent, or share your Health Information without your explicit consent, except in
the limited situations described in this Policy or the
is required to do so by law.
How Healthper uses and shares your Health Information
- If you share your Health Information with others, you can view a list of who has
access to your Health Information and, as mentioned above, you can revoke sharing
privileges at any time. When you revoke someone's ability to read your Health Information,
that party will no longer be able to read your information, but may have already
seen or may retain a copy of the Health Information. You should be aware that some
of the Health Information you share may show up on the pages of other members to
whom you have allowed access and may be shared or copied by such other members.
Healthper is not responsible for actions taken with respect to your Health Information
by third parties (including other members of the Site) to whom you disclose such
- Healthper contains links to third-party service providers that are capable of securely
sending information to Healthper. These service providers (which may include your
medical providers) may provide information about certain health conditions or extend
the functionality of the Site in other ways. By creating a link to these service
providers, you give them permission to send your Health Information (such as medical
records, prescription histories or test reports) to your Account.
- You can approve access for some of these service providers to view and copy your
Health Information. If a service provider accesses your Health Information and stores
a copy of your Health Information, that copy will be governed by that service provider's
– may be able to view your Health Information. Healthper is not responsible for
the content, performance, or privacy policies of third-party service providers.
- Some of these third-party service providers will be covered by federal and state
health privacy laws (such as the Health Insurance Portability and Accountability
Act, or “HIPAA”), and those laws will also govern how they may use and share your
information. HIPAA requires (as does Healthper) that you must authorize these providers
to send information to your Account. Click here for a
sample Authorization form. With that authorization, you also give them permission
to send certain especially sensitive types of health information (such as mental
health or substance abuse records) that are protected by federal and state laws
and require special authorization for disclosure to third parties. If you disclose
this information yourself, these protections do not apply.
- Healthper service providers that are entities or business associates covered by HIPAA
are contractually required by law and by Healthper to comply with HIPAA's applicable
rules related to collection, use, and sharing of your information.
- However, Healthper is not a “covered entity” under HIPAA. As a result, HIPAA does
not apply to the transmission of health information by Healthper to any third party.
If you authorize a HIPAA covered entity such as your healthcare provider to provide
Health Information to Healthper on your behalf, that Health Information will no
longer be subject to HIPAA.
More information about Healthper's Privacy Policies
- When you create your Account, Healthper asks for your email address and a password,
which is used to protect your Account from unauthorized access.
- Within Healthper, a limited number of employees in particular job functions may
have access to your Health Information in order to operate and improve the Site,
and they are bound by strict policies to not disclose this information to others,
either within Healthper or to the outside world. In addition, Healthper may grant
certain third-party contractors and vendors access to your Health Information subject
to Healthper's strict security and confidentiality requirements and solely to the
extent necessary to assist Healthper with the operation or improvement of the Site.
- Healthper's servers automatically record log information about your use of the Site
(such as number of sign-ins and number of times a link was clicked). This information
is temporarily stored in association with your Account for a period of 7 years,
at which point it is aggregated with other data and is no longer associated with
your Account. The log information will be used to operate and improve the Site.
Except as provided in this Policy or the Healthper Website
is restricted and will not be shared by Healthper with third parties.
- Healthper periodically publishes trend statistics and associations. Healthper may
use data from your Account as part of an aggregated data set when publishing these
trends statistics and associations. These aggregated data sets do not contain any
personally identifiable information.
- To the extent necessary, Healthper may share your Health Information to protect
against imminent harm to the rights, property or safety of Healthper, users of the
Site or the public, or to address fraud or violations of theTerms and Conditions
Although Healthper is not covered by HIPAA, we are committed to protecting your
privacy and have implemented strict data security policies and measures and ensure
that users of the Site control access to their Health Information. Any violation
Trade Commission, which takes action against companies that engage in unfair and
deceptive trade practices (including violations of their privacy policies) and may
impose civil and criminal penalties. If you have any questions regarding this Policy,
please contact the Healthper Privacy Officer,
Healthper USA, Inc. 24 Guenevere Court, Hamden, CT 06518.
Healthper is not a HIPAA covered entity. Unlike a doctor or health plan, Healthper
is not regulated by the Health Insurance Portability and Accountability Act (HIPAA),
a federal law that provides for certain protections of the use and disclosures of
an individual's identifiable health information. You control what health information
is added to your personal Healthper account. If you authorize a HIPAA covered entity
such as your healthcare provider to provide information to Healthper on your behalf,
that information as provided to Healthper will no longer be subject to the HIPAA
NOTE: DO NOT USE THIS AUTHORIZATION FORM TO REQUEST DISCLOSURE OF GENETIC OR FAMILY MEDICAL HISTORY INFORMATION. A SEPARATE FORM IS REQUIRED FOR ANY SUCH AUTHORIZATION.
I authorize the use and disclosure of health information about me as described below (does not include genetic information or family medical history).
- Person(s) or class of persons or entities authorized to use and disclose the information:
(name of healthcare provider(s) or health plan(s) you are asking to release your
information a/k/a the Disclosing Party)
- Person(s) or class of persons or entities authorized to receive the information:
Healthper USA, Inc..
- Description of information that may be used and disclosed: (Can be specific,
e.g., cholesterol test results. Can be more general, e.g., all health information
I request you to submit to Healthper from time to time while this Authorization
is in effect. )
- I understand that if the person or entity that receives the information is not a
health care provider, clearinghouse, or health plan or otherwise covered by federal
and state privacy laws (including HIPAA), the information described above may be
redisclosed and no longer protected by these regulations.
- I understand that I may refuse to sign this authorization and that my refusal to
sign will not affect my ability to obtain treatment or health plan payment. I may
inspect or copy any information used and disclosed under this authorization.
- I understand that I may revoke this authorization in writing at any time by notifying
the Disclosing Party in writing, except to the extent that action has been taken
in reliance on this authorization. This authorization expires upon the earlier of
my revocation or my disenrollment from Healthper.
Signature of Patient or Authorized Representative
Name of Personal Representative (if applicable)
Relationship to Patient
A copy of this signed form will be provided to the patient.
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, please do not provide any genetic information when responding to this request for medical information, unless a separate authorization for such information is also submitted by the requestor. ‘Genetic information’ as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.
If, as part of a health risk assessment or other proposed service in connection with a wellness program, you or a family member are requested to undergo voluntary biometric screening that includes medical examination (such as testing to detect high blood pressure, high cholesterol or diabetes), you will first be provided with a separate notice informing you what information will be collected, how it will be used, who will receive it, and how it will be kept confidential. The form of such notice will be tailored to the specific program and the information to be collected.
If, as part of a health risk assessment or other proposed service in connection with a wellness program, you or a family member are requested to provide any Genetic Information (as defined by GINA), you will first be provided with a separate notice informing you what information will be collected, how it will be used, who will receive it, and how it will be kept confidential. You will also be asked to provide your knowing, written and voluntary authorization for the collection of the information before any such collection takes place. The forms of such notice and prior authorization will be tailored to the specific program and the information to be collected.
Revised: June 05, 2018