Five Points ICT, Inc. (“Five Points”) has created this website privacy policy (“Privacy Policy”) in order to demonstrate and inform our valued customers and visitors (“Users”) to the MyBenefitsChannel.com website (as it currenty exists or is subsequently modified, this “Site”) of our firm commitment to fair information practices and the protection of each User’s privacy. This Privacy Policy applies only to information collected through this Site and not to information collected offline.

1. Types of Information Collected

  • (a) Traffic Data Collected. Five Points automatically tracks and collects data and information when a User visits this Site, including but not limited to, a User’s (i) IP address; (ii) domain server; (iii) site use; (iv) type of computer; and (v) type of web browser (collectively, “Traffic Data”). Traffic Data is helpful for administering our Site and improving a User’s experience on the Site. Five Points does not share personally identifiable Traffic Data with third parties, but may share non-personally identifiable Traffic Data with existing and prospective business partners and advertisers. As is the case with most web sites, Five Points also uses “cookies” to customize content specific to User’s interests.
  • (b) Personal Information Collected. In order for a User to access and use certain services Five Points offers via this Site, Five Points may require Users to provide information that personally identifies that User (“Personal Information”). Personal Information may include: (i) a User’s name, mailing and e-mail addresses (“Contact Data”); (ii) a User’s account, credit card number or other financial information (“Financial Data”); (iii) demographic data, such as a User’s social security number, date of birth, address and gender (“Demographic Data”); and (iv) health-related information, such as height, weight, body measurements, laboratory results, and health habits, entered by the User or a third-party service provider such as a physician, nurse, health coach, or health screening provider, into the User’s account using certain Web site features, such as the Personal Health Assessment, Wellness Trackers, and Wellness Tools. Users are not required to enter health-related information into these areas. However, if Users chose not to provide the health-related information, some of the features of the website may not be available. If a User communicates with Five Points by e-mail or otherwise completes an on-line form or survey, any information provided in such communication may be collected as Personal Information.
  • (c) Data and Reports Compiled or Generated Through the Site Services. As a part of certain services, Five Points compiles and stores data and information and generates reports related to Users’ access to and use of such services (“Service Data and Reports”).

2. Use of Personal Information Collected

  • (a) Contact Data. Five Points uses Contact Data to send Users information about Five Points or our products or services, promotional material from selected partners, or to contact Users when necessary. By establishing an account with us, and each time you make a purchase through our Site, you grant permission for Five Points to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at optout@FivePointsICT.com. If a User would prefer not to receive direct communications from select advertisers or promotional partners that may be of interest, such User will be given an opportunity to opt-out of such communications, though Five Points may send Users information on their behalf. In all cases, we will use your information only as permitted by law.
  • (b) Financial Data. Five Points uses a User’s Financial Data to verify that User’s qualifications for certain products or services, order processing and to bill the User for products and services.
  • (c) Demographic Data. Five Points uses Demographic Data to customize and tailor the User’s experience on the Site, and to display content that Five Points thinks a User might be interested in according to that User’s preferences. Five Points may share your demographic data with its partners to provide access to related services from those partners
  • (d) Service Data and Reports. Five Points may use Service Data and Reports for such purposes as Five Points deems appropriate, including without limitation, disclosure and/or sale of such Service Data and Reports to Five Points’ suppliers and business partners. By using the Site, User consents to the collection and use of User’s Personal Information and Service Data and Reports by Five Points as described in this Privacy Policy.
  • (e) Health-Related Information. If applicable, Five Points may provide health-related information to plan sponsors or service providers in a non-personal, aggregated format, for the purpose of administration of a benefit plan or wellness program. If applicable, Five Points may provide health-realted information to certain employees of a plan sponsor, as allowed or required by HIPAA regulations. Access to health-related information may also be granted to third-parties such as health plans, health providers, and coaches as required to provide services to the User as allowed by HIPPA regulations. For additional details regarding HIPAA and Five Points practices regarding health information, please refer to Section 18 (HIPAA and Privacy Notice) of the MyBenefitsChannel.com Terms of Use agreement.

3. User Choice Regarding Collection, Use and Distribution of Personal Information

Users may choose not to provide Five Points with certain Personal Information. In such an event, Users may still be able to access and use some areas of the Site; however, such Users will not be able to access and use those portions of the Site that require Users’ Personal Information.

4. Confidentiality and Security of Personal Information

Except as otherwise provided in this Privacy Policy, Five Points will keep your Personal Information and Service Data and Reports private and will not share any of it with third parties, unless such disclosure is necessary to: (a) comply with a court order, legal process or as otherwise required by law; (b) protect Five Points or a User’s rights or property; (c) protect against misuse of the Site and to identify persons who may be violating law or the rights of third parties; (d) cooperate with the investigations of possibly unlawful activities; (e) provide, administer, or deliver third-party services or applications that are made available through our website; or (f) enforce our Terms of Use. Please note that Five Points may not provide you notice prior to disclosure in such cases. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Five Points has put in place industry standard physical, electronic, and managerial procedures to safeguard and secure the information Five Points collects on-line that is under Five Points’ control. For example, Users’ Personal Information is stored on secure servers. Five Points provides each User with the capability to transmit User’s Personal Information via secured and encrypted channels if User uses a similarly equipped web browser. However, no data transmission can be guaranteed to be completely secure, and Five Points does not warrant the security of information transmitted by you over the Internet to Five Points.

5. User Ability to Access, Update, and Correct Personal Information

In order to ensure Personal Information is correct and up-to-date, you or your Group/Organization Administrator may update your account and profile information at MyBenefitsChannel.com at any time. Through your account and personal profile you may review and update much of your Personal Information that Five Points has already collected. For questions, concerns or assistance regarding the content or accuracy of Personal Information, Users may contact Five Points athelp@fivepoints.com or 615-791-0404.

6. Other Limits to Your Privacy

For your convenience, this Site provides links to various web sites or sponsors that Five Points does not control. When you click on one of these links, you will be transferred out of our Site and connected to the web site of the organization or company that you selected. We are not responsible for the nature, quality or accuracy of the content or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for quality, accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply or express an approval or endorsement of the linked web site by Five Points, or of any of the content, opinions, products or services provided on these web sites. Even if an affiliation exists between our Site and a third-party web site, Five Points exercises no control over linked sites. Each of these linked sites maintains its own independent privacy and data collection policies and procedures. While Five Points expects its partners, advertisers and affiliates to respect the privacy of our Users, Five Points cannot be responsible for the actions of third parties. If you visit a web site that is linked to from our Site, we encourage you to consult that web site’s privacy policy before providing any personal information and whenever interacting with any web site.

7. Disclosure of Customer Information Through Business Transfers

As Five Points continues to develop our business, Five Points may buy, merge or partner with other companies or businesses, and in so doing, acquire customer information. In such transactions, Personal Information may be among the transferred assets. Similarly, in the unlikely event that a portion or substantially all of Five Points’ assets are sold or transferred to a third party, Personal Information would likely be one of the transferred business assets.

8. Special Notification for California Residents

Under California law, individual customers who reside in California and have provided their personal information to Five Points may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. In response to your written request, Five Points will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. If you would like to exercise your rights under California law, please send your written request to optout@FivePointsICT.com. We reserve our right not to respond to requests submitted other than to optout@FivePointsICT.com. Your request must include your postal address so that we may provide you with our notice and third party direct marketing opt-out form.

9. Consent to Privacy Statement

This Site is controlled, operated and administered entirely within the United States. By using this Site, you signify your agreement to the terms of our Privacy Policy. If you do not agree with this Policy, please do not disclose any Personal Information through this Site. This Privacy Policy and the use of this Site are governed by Tennessee law. Any claim related to the Site or this Privacy Policy shall be brought in a federal or state court in Williamson County, Franklin, Tennessee, within one year after the claim arises. Users of the Site consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Privacy Policy. This Privacy Policy and the notices outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any third party.

10. Privacy Policy Revisions Five Points reserves the right to modify this Privacy Policy. Five Points will post any changes to this Privacy Policy on this page. Continued use of this Site after such postings shall be deemed an acceptance to be bound by the notices, terms and conditions of the modified Privacy Policy.

If you have any questions about this Privacy Policy, the practices of Five Points, or your dealings with this Site, please contact us at websecurity@FivePointsICT.com.

Last Updated: February 1, 2013.