EVERNORTH CARE SOLUTIONS, INC. DESTINATION STATE MOBILE APPLICATION PRIVACY POLICY

Date: July 25, 2022  Version: 1.0

1. Introduction

Evernorth Care Solutions, Inc., on its own behalf and its affiliates and/or wholly owned subsidiaries, (“Evernorth,” “we,” “our,” or “us”) respects your privacy, and we are committed to protecting it through our compliance with this policy. This Privacy Policy (“Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit or use the Evernorth Care Solutions Destination State mobile application (“Application”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect via the Application, including information that you submit to us directly through your communications, whether by email, text message, or otherwise. It does not apply to information collected by:

  • us offline or through any other means, including on another application or website where another policy applies, including sites for any third party;
  • any third party, including through any application or content (including advertising) that may link to or be accessible from the Application.

2. Your Acceptance of this Privacy Policy

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you should elect not to use our Application. You are deemed to have assented to the terms and conditions in this Privacy Policy when you use the Application and/or when you have indicated in your online registration that you accept the Terms of Use into which this Privacy Policy is incorporated. You are deemed to have read and accepted this Privacy Policy each time you access or use our Application after initial registration. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Application after we make changes is deemed acceptance of those changes, so please check this Privacy Policy periodically for updates.

3. Interaction with Other Privacy Notices

This Privacy Notice is part of our Terms of Use.

In addition, Evernorth Care Solutions acts as a business associate to various covered entities under the Health Insurance Portability and Accountability Act (“HIPAA”), including health plans offering Employee Assistance Plans (“EAP”), which offer and provide coverage for wellness services. Evernorth Care Solutions may also act as a business associate to EAP plans directly. A business associate is a contractor that provides services on behalf of HIPAA covered entities, including health care providers, health plans, and health care clearinghouses. Accordingly, when the information we receive about you qualifies as Protected Health Information (“PHI”) under HIPAA, which is a subset of Personal Information, this Privacy Policy will not apply. Instead, our usage and disclosure of PHI will be performed only in accordance with the contracts between us and your health plan or EAP, as described in the Notice of Privacy Practices they have provided to you. If your EAP benefits are provided through a self-funded employer plan, you should ask your employer for a copy of its Notice of Privacy Practices. If Cigna administers your EAP benefits, our use of you PHI will be subject to the Notice of Privacy Practice for Cigna Health Care and Cigna Supplemental Benefits.

4. Information We Collect About You and How We Collect It

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.

Generally

We collect several types of information from and about users of our Application (collectively, “Personal Information”), including the following:

  • by which you may be personally identified, such as name, address, e-mail address, facial image and details of appearance, username, home, work, and mobile telephone numbers, date of birth and age, images and videos of you, gender, Social Security Number, your medical history, health insurance subscriber information, and health information;
  • related to your health, such as sleep habits, mental or behavioral health, health or exercise data, disability information and medical diagnoses,
  • related to your sex or gender, marital status, including sexual orientation,
  • related to your life experiences;
  • about your Internet connection, the equipment you use to access our Application and usage details, such as traffic data, logs, referring/exit pages, date and time of your use of our Application, error information, click stream data, and other communication data and the resources that you access and use through our Application.

Information You Provide to Us

The information we collect through our Application includes the following:

  • information that you provide by filling in forms on our Application. This includes information provided at the time of registering to use our Application as well as information submitted in response to questions; and
  • records and copies of your correspondence (including email addresses and phone numbers, if applicable), if you contact us.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Application, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:

  • details of your access to and use of the Application, including traffic data, location data, logs, and other communication data and the resources that the end user accesses and uses on or through the Application;
  • information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number;
  • real-time information about the location of your device.

The information we collect automatically may include Personal Information or we may maintain it or associate it with Personal Information we collect in other ways or that we receive from third parties.

We use Adobe Analytics to automatically collect the data described above. Adobe is a service provider to Evernorth Care Solutions. Adobe Analytics uses cookies, web beacons, web pixels and/or similar technologies to collect and store information about you or your device or browser. You can learn more about how Adobe may handle information collected through our use of its services, and your options for controlling this activity, by visiting Adobe's website.

Information From Our Business Partners

We may receive your Personal Information from our business partners, including affiliated companies as well as companies on whose behalf we act as a business associate.

5. How We Use Your Information.

We use your Personal Information for various purposes described below, including to:

  • to provide our Application, products, and services, including by helping you select an health care provider;
  • to administer your benefits, provide care coordination services, provide you with information, products, or services that you request from us or that may be of interest to you;
  • for purposes of treatment, quality, improvement of health status, customer and enrollee experience, customer and enrollee engagement, peer review, payment, efficiency, cost effectiveness and/or other similar purposes;
  • to process, fulfill, support, and administer transactions and orders for products and services ordered by you;
  • to provide you with notices;
  • enforce our rights arising from contracts;
  • to contact you in response to a request;
  • to administer surveys;
  • to fulfill any other purpose for which you provide it;
  • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us or between us and health plans or other benefit programs, including for billing and collection;
  • to notify you about changes to our Application, or any products or services we offer or provide though them;
  • to de-identify it for future use;
  • to estimate our audience size and usage patterns;
  • to forecast future needs, functions, and uses of our services, the Application;
  • to better understand user satisfaction levels and experiences;
  • to store information about your preferences, allowing us to customize our Application according to your individual interests;
  • to recognize you when you return to our Application;
  • in other ways to improve your experience and the quality of our Application and services;
  • as allowed by our contracts with heath plans, EAP benefit providers;
  • in any other way we may describe when you provide the information; and
  • for any other purpose with your consent.

De-identification

We may de-identify your Personal Information, including PHI, so that it no longer reasonably identifies you. In this case, we may use this de-identified data without restriction and for any purpose.

 6. Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Information for purposes other than those outlined in this Privacy Policy. We may disclose your Personal Information, including PHI in some cases, to third parties, including:

  • our affiliates and third party service providers (e.g., IT and infrastructure support services, administering surveys, and ordering, marketing, and payment processing services that we use to support our business);
  • covered entities on whose behalf Evernorth Care Solution acts as a business associate;
  • to health care providers and their business associates, including MDLIVE Inc. and health care providers including providers within the following independent medical groups:  MDLIVE Medical Group MDLIVE Medical Group, P.A., MDLIVEMedical Group (DE), P.A., MDLIVE Medical Group of New York, MDLIVE Medical Group (IL), LLC, MDLIVE Medical Group(NC), P.C., MDLIVE Medical Group (NJ), LLC, MDLIVE Medical Group NM, LLC, MDLive Medical Group of California, and MDL Medical Group (TX), PLLC;
  • for PHI, as otherwise allowed by HIPAA;
  • to a company we merge with, acquire, or that buys us, or in the event of change in structure of our company of any form;
  • to comply with our legal obligations, such as to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • to enforce our rights, such as to enforce our Terms of Use or other agreements, ensure the safety and security of the Application and/or our users, or for any other purpose disclosed by us when you provide the information;
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Evernorth Care Solutions, our customers, or others; and
  • with your consent.

7. Your Rights Regarding Your Information and Accessing and Correcting Your Information

You may have certain rights under HIPAA with respect to PHI in our position. Those rights would be described in the Notice of Privacy Practices provided to you by the health plan or EAP that administers your benefits.

8. Do Not Track Signals

We do not honor do-not-track signals that may be sent by some browsers.

9. Children Under the Age of 18.

Our Application is not intended for, and does not support, access for children under the age of 18.

10. Data Security

We are committed to protecting the privacy and security of our Application.  We take reasonable technical and procedural precautions to protect the information received by us.  Our Internet infrastructure is protected using industry recognized commercial security products, including current encryption technology, and best practice procedures for maintenance of the Application.  In addition, our infrastructure is monitored 24 hours a day, seven days a week.

No method of transmission over the Internet or storage of data on an Internet server is 100% secure.  Although we use commercially acceptable and reasonable precautions to protect your information, we do not guarantee its absolute security.

11.  Linked Sites

Our Application may contain hyperlinks allowing our users to connect to other websites and apps owned by us and our affiliated companies as well as websites and apps owned by third parties (“Linked Sites”).  We have no responsibility for the content or practices of any Linked Site. Please note that once you click on a hyperlink that transfers you to a Linked Site, this Privacy Policy will cease to apply to any subsequent activity on the Linked Site. Please refer to the applicable policies on the Linked Site.

Specifically, the Application contains links to the website and mobile application of MDLive, Inc.

12. Changes to Our Privacy Policy

We may change this Privacy Policy at any time. If we make material changes to how we treat our users’ Personal Information, we will notify you by email to the email address specified in your account and/or through a notice on the Application’s home screen. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable contact information for you, and for periodically accessing the Application and reviewing this Privacy Policy to check for any changes.

13. International Users

The Application is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Any information you provide to us through use of our Application may be stored and processed, transferred between and accessed from the United States and other countries that may not guarantee the same level of protection of personal data as the one in which you reside. However, we will handle your Personal Information in accordance with this Privacy Policy regardless of where your Personal Information is stored/accessed.

14. Contact Information

If you have any questions about this Privacy Notice please feel free to email us or call us toll-free at 1.800.234.4077*. 

*Note: If you are calling from outside of the United States, and you would like the call to be free, you will need to dial your local access number for AT&T Direct Service and then dial the number provided above. If you are not aware of the access number, it can be located by clicking here.