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Privacy and Security Policies for Exchange Websites

Last revised November 1, 2013

This privacy and security policy describes the DC Health Benefit Exchange Authority's (the "Authority's") approach to information that is obtained from you via this website ("Site").  For information about our policy with respect to the collection, use, disclosure and maintenance of personally identifiable information ("Personally Identifiable Information" or "PII") in connection with the Authority's health benefit exchange ("Exchange") operations generally, see our Privacy and Security Policy for Exchange Operations. DC Health Link is operated by the Authority.  

 

Collection and Protection of Your Personally Identifiable Information 

In this privacy and security policy, we use the term “Personally Identifiable Information,” or “PII,” to mean any information that could reasonably be used to identify you, including your name, address, telephone number, e-mail address, Social Security number, birth date, bank account information, credit card information, or any combination of information that could be used to identify you.

You may provide us with Personally Identifiable Information in connection with your use of this Site, such as through e-mails that you send to us.  Your Personally Identifiable Information collected via this Site will not be shared, sold, or transferred to any third party for the third party's direct marketing purposes without your prior consent, unless it is required by law.  Your Personally Identifiable Information may otherwise be used by us as required or permitted by law (e.g., as necessary to carry out authorized functions of the Authority).  

For example, information collected through this Site will be available to District of Columbia (“District”) web development employees for the purpose of maintaining the DC.Gov web portal and improving the site visitor experience.  Also, where appropriate, we may provide the information submitted by you to the person or company that is the subject of your inquiry, or to a government agency responsible for matters referred to in your communication.   Additional information about the Authority's policies regarding the collection, use, disclosure and maintenance of PII generally is set forth in the Authority's Privacy and Security Policy for Exchange Operations

 

Collection and Use of Non-Personally Identifiable Information  

When you visit our Site, certain data, such as your computer's unique Internet protocol ("IP") address (which does not identify you as an individual), will be automatically collected and sent to the servers that support our website system to help us provide better service and a more effective website.  We use your IP address to assess the frequency of visits to this Site and the popularity of its various pages and functions.  We also may collect information about the type of operating system you use (e.g., Microsoft Windows or Mac OS), the type of browser you use (e.g., Firefox or Internet Explorer), the domain name of the Internet service provider, your activities while visiting our Site, and the content you access.  We will not attempt to match any Personally Identifiable Information that you provide to us with your IP address or the other information that does not identify you as an individual, unless there are reasonable grounds to believe that doing so would provide information that is relevant and material to exercising our legal rights or fulfilling our legal obligations.  

In addition, as part of these efforts, sections of this Site may place a small text file (typically only a few bytes) on your hard drive to allow us to identify your computer.  We will not attempt to read any additional information on your hard drive, and we do not combine collected information with other personal information to determine your identity or your e-mail address.  Our Site uses temporary "session cookies" to allow visitors to interact with the Authority and to use online applications.  "Session cookies" do not allow us to personally identify a visitor.  These cookies are stored only in memory and are deleted when the user's browser is shut down.  This Site does not use permanent "cookies."  

 

Permitted Users 

The Site and the Authority's services are not directed to persons under the age of 13 and we do not knowingly request personal information from anyone whom we know to be under the age of 13. 

 

Registered Users

In order to visit certain areas of this Site, or to use certain services, you may be asked to provide personal information, such as your name, address, or age.  If you are making a payment, we may ask for your credit card number and billing address.  If you decline to provide requested information, our ability to serve you may be limited.  But you will still be able to visit the Site and take advantage of the wealth of information it offers.

 

Secure Transmissions 

The Authority has taken several steps to safeguard the integrity of Personally Identifiable Information that you provide us.  This Site is equipped with security measures intended to protect such information.  We encrypt credit card numbers and other data that must remain secure to meet legal requirements.  

 

Other Sites 

The Authority's privacy policy extends to the Authority's websites only.  If you access another organization's website through this Site, you should read that organization's privacy policy to determine its website practices.

 

Definitions

  • "Cookies" are files that a website can place on your computer.  A cookie file contains unique information that a website can use to track such things as your password, lists of Web pages you have visited, and the date when you last looked at a specific Web page, or to identify your session at a particular website.  A cookie file allows the website to recognize you as you click through pages on the site and when you later revisit the site.  A website can use cookies to “remember” your preferences, and to record your browsing behavior on the Web.  Although you can prevent websites from placing cookies on your computer by using your browser’s preference menu, disabling cookies may affect your ability to view or interact with some websites. 
  • "Internet Protocol Address” or “IP Address” is a series of numbers that identifies each computer and machine connected to the Internet.  An IP address enables a server on a computer network to send you the file that you have requested on the Internet. The IP address disclosed to us may identify the computer from which you are accessing the Internet, or a server owned by your Internet service provider. Because it is machine-specific, rather than person-specific, an IP address is not, in and of itself, Personally Identifiable Information.

 

 

Terms and Conditions of Use   

 Last revised: October 30, 2013

 

By accessing the DC Health Benefit Exchange Authority ("Authority") website (the "Site") or interacting with the Authority, you agree to be bound by the following terms and conditions, as well as all applicable laws.  Your access to the Site is in consideration for your agreement to these Terms and Conditions of Use, whether or not you are a registered user.  By accessing, browsing, and using the Site, you accept, without limitation or qualification, these Terms and Conditions of Use.

  • Modification of the Agreement
  • Conduct
  • Registration
  • Termination of Use
  • Other Site Links
  • Policy on Spamming
  • Content Monitoring
  • Property Rights
  • Copyright
  • Trademarks
  • Submissions  
  • Indemnity
  • Disclaimer of Warranty
  • Limitation of Liability
  • Governing Law
  • Miscellaneous  

 

Modification of the Agreement 

The Authority maintains the right to modify these Terms and Conditions of Use at any time and may do so by posting notice of such modifications on this page.  Any modification is effective immediately upon posting, unless otherwise stated.  Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms and Conditions of Use.  Thus, your continued use of the Site following the posting of any modification signifies your acceptance of such modification.  You should periodically visit this page to review the current Terms and Conditions of Use.  If you do not agree to be bound by these Terms and Conditions of Use, you are not authorized to use our Site or interact with the Authority via the Site and you must discontinue use of the Site immediately and refrain from dealing with us through the Site.  You can determine when the Terms and Conditions of Use were last revised by referring to the "Last Revised" legend at the top of this page. 

 

Conduct 

You agree to access and use the Site only for lawful purposes.  You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the Site.  By accessing the Site, you agree that you will not:

  1. Use the Site to commit a criminal offense or to encourage others to engage in any conduct that would constitute a criminal offense or give rise to civil liability;
  2. Post or transmit any discriminatory, libelous, harassing, defamatory, obscene, pornographic, or otherwise unlawful content;
  3. Use the Site to impersonate other parties or entities;
  4. Use the Site to upload any content that contains a software virus, "Trojan Horse" or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the Site or the hardware or software of any other person who accesses the Site;
  5. Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or under a contractual relationship;
  6. Alter, damage, or delete any content posted on the site;
  7. Disrupt the normal flow of communication in any way;
  8. Claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or represent;
  9. Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
  10. Post any material that infringes upon or violates the intellectual property rights of another; 
  11. Collect or store personal information about others; or
  12. Access the Site via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the content or any other materials or information available from the Site.

 

Registration 

Certain portions of the Site are limited to registered users and/or allow a user to request support or services online by entering personal information.  At the time you register for online account access, you may be required to select a username and password to be used in conjunction with your account.  You are responsible for maintaining the confidentiality of your password, if any, and are fully responsible for all uses of your password and transactions conducted in your account, whether by you or others.  You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify the Authority of any unauthorized use of your password or account or any other breach of security.  The Authority is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section.

You agree that any information provided to us in these areas will be complete and accurate, that you will not register under the name of, nor attempt to enter the Site under the name of, another person, and that you will not adopt a user name that the Authority or the District, in their sole discretion, deems offensive.

The Site and the Authority's services are not directed to persons under the age of 13, and we do not knowingly request personal information from anyone whom we know to be under the age of 13.  You must be at least 13 years old to become a registered user or to request support or services online.  If you are not at least 13, you may be removed from the registered area(s) and/or denied support or services.

 

Termination of Use 

The Authority may, in its sole discretion, terminate or suspend your access to and use of this Site without notice and for any reason, including for violation of these Terms and Conditions of Use or for other conduct that the Authority, in its sole discretion, believes is unlawful or harmful to others.  In the event of termination, you will no longer be authorized to access the Site, and the Authority will use any means possible to enforce this termination.

 

Other Site Links 

Some links on the Site lead to websites that are not operated by the Authority.  The Authority does not control these websites nor do we review or control their content.  The Authority provides these links to users for convenience.  These links are not an endorsement of products, services, or information, and do not imply an association between the Authority and/or the District, on the one hand, and the operators of the linked website, on the other.  When you select a link to an outside website, you are subject to the terms and conditions of the owner/sponsors of that outside website.

 

Policy on Spamming 

You specifically agree that you will not utilize e-mail addresses obtained by using the Site to transmit the same or substantially similar unsolicited message to 10 or more recipients in a single day, or 20 or more e-mails in a single week (consecutive 7-day period), unless doing so is necessary for legitimate business purposes.  The Authority, in its sole discretion, will determine violations of the limitations on e-mail usage set forth in these Terms and Conditions of Use.  Violations may result in your removal from registered areas, denial of support or services, or other consequences.

 

Content Monitoring  

The Authority reserves the right to monitor any content that you provide, but shall not be obligated to do so.  Although the Authority cannot monitor all postings on the Site, we reserve the right (but assume no obligation) to delete, move, or edit any postings that violate these terms and conditions. 

 

Property Rights  

You acknowledge and agree that, as between the Authority and/or the District, on the one hand, and you, on the other hand, all right, title, and interest in and to the Site and the content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by the Authority, the District or their licensors and are protected by United States intellectual property and other applicable laws. 

 

Copyright

United States and foreign copyright laws and international conventions protect the contents of the Site.  You agree to abide by all copyright notices posted on the Site.

All content included in the Site, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of the Authority, the District or their content suppliers and protected by U.S. and international copyright laws.  Permission is granted to electronically copy and print hard copy portions of the Site only for legitimate business, educational or personal purposes in order to facilitate use of the District of Columbia health benefit exchange ("Exchange").  Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.

 

Trademarks  

The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to the Authority.  Without limiting the foregoing, DC HealthLink™ is a trademark of the Authority.  Unauthorized use of any trademark of the Authority may be a violation of trademark laws.  Any third party names or trademarks referenced in the Site are the property of their respective owners and do not constitute or imply affiliation, endorsement or recommendation by the Authority or the District of the third parties. 

 

Submissions

You are solely responsible for the content (e.g., blog comments) that you post or otherwise make publicly available via the Site (“Submission”).  By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person’s or entity's rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning use, modification or distribution of the Submission or any part thereof.  You must own all rights, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission.    

By making a Submission, you grant the Authority and its designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license, in their sole discretion, to use or share for Exchange operations  your Submission (in whole or in part), along with your name or any part thereof and place  of residency, in their discretion, on the Site or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed.  You hereby waive any claims for such use of your Submission.

 

Indemnity 

You agree to defend, indemnify, and hold harmless the Authority and the District and all of their employees and agents from any and all liabilities incurred in connection with any claim arising from any breach by you of these Terms and Conditions of Use, including reasonable attorneys' fees and costs.  You agree to cooperate fully in the defense of any such claim.  The Authority and the District reserve the right to assume, at their own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.  You agree not to settle any matter without the written consent of the Authority and/or the District, as relevant.

 

Disclaimer of Warranty 

You expressly understand and agree that the Site will not necessarily be uninterrupted, problem-free, free of omissions, or error-free.  The content and function of the Site are provided to you "as is," without warranties of any kind, either express or implied. 

No transmission of data over the Internet or via mobile device is guaranteed to be completely secure.  It may be possible for third parties not under the control of the Authority or the District to intercept or access transmissions or private communications unlawfully.  While we have implemented operational, technical, administrative and physical safeguards that are consistent with applicable laws to protect PII against any reasonably anticipated threats or hazards to the confidentiality, integrity, and availability of such information, we cannot, despite our reasonable efforts, ensure or warrant the security of any information transmitted over the Internet or via mobile device or shared electronically.  

 

Limitation of Liability 

In no event will the Authority or the District, nor their employees, be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages, arising out of your use of or inability to use the Site, including without limitation, damages from delay, loss of benefits, revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages.

 

Governing Law

These policies shall be governed by, and will be construed under, the laws of the District of Columbia, without regard to choice of law principles. 

 

Miscellaneous

These Terms and Conditions of Use set forth the entire understanding and agreement between you and the Authority with respect to the subject matter hereof.  If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use shall remain in full force and effect.  Section headings are for reference only.  The Authority's failure to act with respect to any failure by you or others to comply with these Terms and Conditions of Use does not waive its right to act with respect to subsequent or similar failures.  You may not assign or transfer your rights or obligations under these Terms and Conditions of Use without the prior written consent of the Authority, and any assignment or transfer in violation of this provision shall be null and void.  There are no third party beneficiaries to these Terms and Conditions of Use.

 

Privacy and Security Policies

For information about the Authority's policies relating to collection, use, disclosure and maintenance of PII in connection with Exchange operations more generally see Privacy and Security Policies for Exchange Operations.