Our Commitment to Privacy
Your privacy is very important to us. To better protect your privacy, benePerks provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, benePerks make it available on our homepage and on other pages where personally identifiable information may be requested. This notice applies to all information collected or submitted by you and/or your employer. Please read the following to learn more about how benePerks treat the nonpublic personal information that benePerks collect from you when you use our products and services.
The Information We Collect
BenePerks will collect certain information, including nonpublic personal information, from you or your employer to enable you to use this service. This information includes, but is not limited to, your name, address, social security number, and information about your family, employment, and income. BenePerks may also collect (i) information about you from our business partners, such as information that you provide to them on applications or other forms, and (ii) information about your transactions with us, our business partners, or others, such as information regarding your use of the products and services that benePerks offer or information necessary to provide those products and services to you. In addition, benePerks may receive and record information on our server logs from your browser, including your IP address, cookie information (discussed below) and the pages you visited.
The Way We Use Information
As with all information we obtain from you, BenePerks will never rent, license, or sell your personal information without your permission, except as noted herein. If you use any of the services that BenePerks offers through our partners, affiliates and others, you may be asked to supply identifying information about yourself and/or other family members to facilitate delivery of such services to you. In all instances, the information is only used for the purpose for which it was supplied and is not otherwise used or disclosed. BenePerks offer several services on our site where we will, by necessity, need to provide some of your information to the third party offering the services. We supply this information only as necessary to provide these services. Except as set forth herein, benePerks will not disclose to unaffiliated entities any information we gather from you that could be used to identify or contact you, unless we believe in good faith that such disclosure is required by applicable law, regulation, government authorities, or court order or is otherwise permitted by law. Any such personal information provided to entities affiliated with us will be treated in accordance with the terms of this Privacy Statement, unless you are otherwise notified. BenePerks also provide personal information to our vendors and suppliers where it is necessary for them to provide you or us with products and services offered. BenePerks will attempt to require that each of these outside vendors not further use or disclose your personal information for any purpose other than providing you or us with products and services. Of course, benePerks cannot guarantee their compliance with these restrictions. Finally, benePerks never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Partners and Affiliates
It is not our current policy to sell lists containing detailed personal computer information. BenePerks may offer products and services through our partners and affiliates. If you take advantage of these products and services, you are authorizing us to provide that partner with the relevant information needed to perform the services. If you become a customer of that partner, you will be subject to that partner's privacy and other policies. BenePerks therefore encourage you to review the privacy and other policies and agreements of our partners and affiliates before you respond to their offers or disclose your personal information. While benePerks choose our partners and affiliates carefully and with your best interests in mind and encourage them to employ industry-standard privacy and security policies, benePerks cannot be responsible for the privacy practices, products or content of such third parties.
BenePerks use return email addresses to the email benePerks receive. From time to time, benePerks also may send our own informational, educational, or promotional material to you at the e-mail address you've provided. Such addresses are not used for any other purpose and are not shared with outside parties. Please remember that e-mail messages can be by other Internet users in transit. You should contact your employer directly if you need to correct or remove information about you or your family that you previously provided to us. Please do not e-mail individualized information to us directly. BenePerks would instead prefer that you contact us directly by telephone or in writing if you need to do so.
Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, benePerks have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information benePerks collect online. BenePerks employ various methodologies and technology to ensure that your information is treated securely in accordance with our own internal security protocols. Our secure data networks are protected by industry standard firewall and password protection systems. Information is stored on a secure server. BenePerks uses Secure Socket Layer (SSL) technology to ensure that passwords and other sensitive information are encrypted before being transmitted over the Internet. Our privacy policies are periodically reviewed and enhanced, as necessary. No data transmission over the Internet or any wireless network, can be guaranteed to be 100% secure. As a result, while benePerks strive to protect your personal information, benePerks cannot guarantee the security of any information you transmit to or from us, and you do so at your own risk. You can be assured that once benePerks receive your transmission, benePerks make our best effort to ensure its security on our systems. You should not disclose your password to any third parties or share it with any third parties. If you lose control of your password, you may lose substantial control over your information and may be responsible for and subject to actions taken on your behalf. Therefore, if you suspect that your password has been compromised, you should immediately discontinue use of the service and contact.
Effects of Statement Updates
BenePerks may update this Statement from time to time as benePerks add new services and new features. Changes on our site may require additional information. BenePerks will notify our users about such changes by displaying a prominent notice on the BenePerks home page whenever this Statement is updated or changed. You should also check our Privacy Statement periodically.
What Happens If You Switch Coverage
If you switch your coverage to another company, BenePerks will continue to treat your individualized information with the same confidence and respect benePerks extend to all our valuable customers.
Why This Statement Is Important
By choosing to continue usage of EmployeeNavigator.com, you agree to the terms of the Privacy Statement. Your visit to EmployeeNavigator.com and any dispute over privacy is subject to this Statement and our Terms and Conditions of Service, including limitations of damages, the application of the law of Maryland, and exclusive jurisdiction of Maryland.
How To Contact Us
This Privacy Statement is incorporated into and subject to the terms of our Terms and Conditions of Service. If you have any questions or comments concerning this Statement, please contact us at BenePerks by postal mail at: BenePerks Privacy Statement c/o BenePerks, Inc 301 N Elm st ste 520 Greensboro, NC 27401. Thanks for taking the time to read this Privacy Statement.
About This Agreement
These Terms govern your use of the Site and all services provided in connection with the Site, including but not limited to any services provided by our partners, affiliates, and advertisers.
These Terms are subject to the separately posted Copyright & Legal Notices. In the event of any inconsistency between these Terms and the Copyright & Legal Notices, the Copyright & Legal Notices will control.
As used in these Terms, where references to BenePerks which are indicative of shorthand for the entities that own and operate this Site, BenePerks shall mean BenePerks, LLC. Similarly, the phrases such as "benePerks" or "us" or "our" refer to BenePerks.
Authorized Users Defined. There are four levels of Authorized Users, each with different degrees of access to the Site. The names and basic descriptions of these Authorized Users are:
Broker. A "Broker" includes only those benefits industry specialists (such as brokers, agents, general agents, or TPAs) who have been authorized by BenePerks to receive a Broker-level Username and Password for use of the Site pursuant to a separate License Fee Agreement. Brokers are generally in the business of selling products (such as group health, dental, life, or disability insurance) to an employer. Broker accounts must be obtained directly from BenePerks.
Administrator. An "Administrator" includes only those organizations that have been authorized by BenePerks or a Broker to receive an Administrator-level Username and Password for use the Site. Administrators are generally employers sponsoring a group benefit plan for their employees. Administrator privileges generally include the capacity to create and manage accounts for Individual Authorized Users who are the Administrator's employees or members. Administrator accounts may be obtained from any Broker with participation costs determined by each Broker.
Individuals. An "Individual" includes only those persons who have been authorized by BenePerks, a Broker, or an Administrator to receive an Individual-level Username and Password for use the Site. These Individuals are generally employees of an Administrator or Broker. Contact your employer to determine if the Site is available through your company.
Guest. A Guest is a person who has requested and received temporary access to a Username and Password supplied by BenePerks, to enable the Guest to evaluate the Site.
Access Requirements. Access to the Site requires: a Username and Password; and access to a computer with a connection to the internet and the capacity to render website pages. Authorized Users are solely responsible for providing all equipment necessary to access the Site.
Authorized Users will receive a limited, non-exclusive, non-transferable, revocable, license to access the Site's password-protected features on the internet using an assigned Username and Password (the "License").
The level of access associated with the Username (Broker, Administrator, Individual, or Guest) will determine features of the Site to which that Username will have access.
Individuals will have access to their own data and any other functions granted by their Broker or Administrator. As an Individual user, you understand and agree that your Broker and/or Administrator will have access to the same data that is visible to you.
Administrators will have the capacity to manage and create new accounts for Individuals who are the Administrator's employees or members or otherwise enrolled in a group benefit plan sponsored by the Administrator. Absent the prior written permission of BenePerks, Administrators may not use their access to the Site to create or manage accounts for any other person or purpose.
Brokers will have capacity to manage and create new Administrator or Individual accounts to the extent that a subject Administrator or Individual's BenePerks accounts are indexed to that Broker. Absent the prior written permission of BenePerks, Brokers may not use their access to the Site to create or manage accounts for any other person or purpose.
Guests will have only such access as BenePerks in its sole discretion deems appropriate. Guests will not have access to actual data of any other Authorized User.
This License may be revoked at any time. Temporary revocation may include deactivation of an account or lock down of the Authorized User's Password; permanent revocation may include deletion of all data associated with the Authorized User. Reasons for revocation may include, among others:
An Administrator may revoke an Individual's License for his violation of these Terms, violation of separately posted Copyright & Legal Notices, the Individual's separation from the Administrator's group benefit plans, or the Administrator's discontinuance of company-wide use of BenePerks.
A Broker may revoke an Administrator's License for violation of these Terms, violation of separately posted Copyright & Legal Notices (whether by Administrator or its employees), failure to pay any policy premiums when due, or the Administrator's discontinuance of policies serviced by Broker.
BenePerks may revoke any Broker, Administrator, or Individual License for violation of these Terms, violation of separately posted Copyright & Legal Notices, for any reason that would justify a Broker's revocation of another's License, for any reason that would justify an Administrator's revocation of another's License, or for Broker's failure to pay any Hosting Service invoice when due.
Administrators and Individuals adversely impacted by revocation of another's License may inquire with BenePerks for placement with another Broker. Some interruption in service may occur during the transition to another Broker.
Authorized Users make the following representations to BenePerks:
Use of the Site shall be in a manner that is consistent with all federal, state, and local laws (including but not limited to laws concerning identity theft and privacy and security of health care related data).
Use of the Site shall be in a manner that is consistent with these Terms and the separately posted Copyright & Legal Notices.
Authorized Users shall provide true information about their identity and shall not impersonate any other person or entity.
Authorized Users shall take appropriate precautions to maintain the secrecy of their Username and Password. You are solely responsible for all acts or omissions, committed by or occurring under your Username and Password.
Authorized Users shall not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site.
Authorized Users shall not decompile, reverse engineer, disassemble, or unlawfully use or reproduce any of the software, source code, object code, proprietary formulations, trade secrets, copyrighted material, or other proprietary information contained in the Site.
Authorized Users shall not interfere with, disrupt, penetrate, or otherwise hack BenePerks's ASP server, chat rooms, message boards, mail server, the account of any other Authorized User, or other BenePerks-related computers or networks (collectively, "Servers"). Authorized Users shall not transmit spam or any virus or other malicious computer code to or through BenePerks's Servers.
Additional Requirements About Your Information
"Your Information" is defined as any information you or your employer provides to BenePerks or other users in the registration, in any public message area, through any upload feature, or through any e-mail feature.
You are solely responsible for Your Information. You agree that: (i) Your Information shall not be false, inaccurate or misleading; (ii) Your Information shall not violate the rights of any third party, including without limitation privacy and proprietary rights; (iii) Your Information shall not infringe any copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (iv) Your Information shall not be fraudulent or involve counterfeit or stolen items; (v) Your Information shall not violate any law, statute, ordinance, or regulation (including without limitation those governing consumer protection, unfair competition, antidiscrimination, or false advertising); (vi) Your Information shall not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (vii) Your Information shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (viii) Your Information shall not create liability for BenePerks or cause us to lose (in whole or in part) the ability to provide our services.
Postings by an Authorized User on any message board or in any forum or chat room or e-mails sent to, from or through the Site will not be protected as confidential. BenePerks may use and provide information contained in any such postings, to any of its subsidiaries and affiliates for any purpose whatsoever and as deemed appropriate by BenePerks. BenePerks is under no obligation to review any messages, information, or content posted on this Site by Users and assumes no responsibility or liability relating to any such postings Notwithstanding the above, BenePerks may from time to time monitor the postings on this Site and may decline to accept and/or remove any postings that violate this Agreement.
You further agree not to use the Site to send or post on message boards or any place on our Site, any message, e-mail or material that is unlawful, harassing, libelous, defamatory, abusive, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right, or derivative works without first obtaining permission from the owner, or encourage the use of controlled substances. BenePerks reserves the right to delete any such material from the Site. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of BenePerks, its partners or affiliates. You further agree not to use an inappropriate member name, password, User ID or name of any kind.
BenePerks does not actively monitor Your Information but reserves at all times the right to review, modify, or delete any Account as appropriate for (a) system maintenance, (b) termination or limitation of access due to violation of these Terms and the separately posted Copyright & Legal Notices, or (c) as otherwise required by law.
You alone will bear the sole responsibility of evaluating the risks and merits associated with any investment decision. Please seek the advice of licensed and/or competent individuals before making any investment or financial planning decisions. Do not rely solely on financial or retirement information found on this Site.
Third Party Services and Sites.
BenePerks may provide, or third parties may provide, links to other World Wide Website sites or resources from within our Site. Because benePerks have no control over such sites and resources, you acknowledge and agree that BenePerks is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BenePerks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You acknowledge that benePerks may provide certain aggregate, non-personal and non-confidential User information to third parties, including partners, affiliates, and advertisers.
Any dealings you have with advertisers, partners, affiliates, or other third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. BenePerks shall not be responsible or liable for any part of any such dealings.
Notice Regarding Generic Information Within.
Many of the benefits and human resources-related forms and materials presented on this Site are accompanied by explanatory commentary that acquaints the User with the legal and practical issues pertaining to the subject area of such forms and materials, especially as such issues relate to the forms. Users are cautioned, between, that all the forms and commentary presented herein are for general reference only. Federal, state, or local laws or individual circumstances may require amendment of the forms to meet specific situations. Some government forms may be presented in altered size, font, or format and may not, therefore, meet federal or state requirements. All the forms, checklists and commentary are intended to be used only as guides and should not be adopted without the advice of competent legal counsel.
Although benePerks will make every effort to explain the relevant law, benePerks cannot give you legal advice on how the law applies to your facts. This Site is designed to provide accurate information with regard to the subject matter covered. The Site is presented, between, with the understanding that benePerks are not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
BenePerks does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on or through this Site by any party. Other than as required by law, under no circumstance will BenePerks be liable for any loss or damage caused by a User's use of or reliance upon information obtained on or through this Site. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content, product or service available on or through this Site.
While every effort has been made to offer current, complete and accurate information, errors can occur. Furthermore, this Site may contain references to certain laws and regulations. Laws and regulations will change over time and should be interpreted only in light of particular circumstances.
Finally, User specifically agrees that BenePerks is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with BenePerks, the materials available on or through BenePerks, or with any of BenePerks's terms and conditions, your sole and exclusive remedy is to discontinue using the Site.
Minors and Child On-Line Privacy Protection Act.
This Site does not direct content to Minors and does not intend to collect personal information from Minors and therefore is not subject to the Child Online Privacy Protection Act. If you allow your minor child, or a child for whom you are legal guardian to access and use this Site, you agree that you will be solely responsible for (i) the online conduct of such Minor; (ii) monitoring such Minor's access to this Site; and (iii) the consequences of any use.
As an Authorized User, you shall indemnify, defend, and hold harmless BenePerks from and against any and all claims, liabilities, or demands (including reasonable legal fees) arising out of your breach of the foregoing representations or any other breach of these Terms.
Disclaimers and Limitation of Remedies.
As an Authorized User, you understand and agree as follows:
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITH NO IMPLIED WARRANTIES OF ANY KIND.
IN NO EVENT WILL THE LIABILITY OF HOSTING SERVICE OR BENEPERKS INCLUDE ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR PUNITIVE DAMAGES, EVEN IF BENEPERKS HAVE KNOWLEDGE OF THE POTENTIAL LOSS OR DAMAGE.
COURT AWARDED DAMAGES IN FAVOR OF ANY INJURED AUTHORIZED USER SHALL NOT, IN ANY EVENT, EXCEED THE AMOUNT SUCH USER ACTUALLY PAID DURING THE TBENEPERKSLVE-MONTH PERIOD IMMEDIATELY PRIOR TO THE INJURY, AS USER FEES OR ROYALTIES IN ORDER TO ACCESS THE SITE.
THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BenePerks DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES.
BenePerks does not actively monitor data as entered by Authorized Users into their Accounts, but reserves at all times the right to review, modify, or delete any Account as appropriate for (a) system maintenance, (b) termination or limitation of access due to violation of these Terms and the separately posted Copyright & Legal Notices, or (c) as otherwise required by law.
Liability, if any, relating to premiums paid or the quality or appropriateness of group benefit plans selected shall be solely the responsibility of the sponsoring employer (who may or may not also be the "Administrator" as defined herein) and the plan's broker of record (who may or may not also be the "Broker" as defined herein).
Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to all Authorized Users. This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
BenePerks's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Dispute Resolution. In any dispute between an Authorized User and BenePerks, as an Authorized User you agree as follows:
The dispute will be governed by the laws and decisions of the State of Maryland without regard to its conflict of law provisions.
BenePerks shall only be subject to suit in the State and/or Federal Courts serving the County of Guilford in the State of North Carolina.
Authorized User consents to the jurisdiction of the State and/or Federal Courts serving the County of Guilford in the State of North Carolina.
Authorized User and BenePerks hereby WAIVE THE RIGHT TO A TRIAL BY JURY (this means a judge will decide all issues of law and fact).
No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term.
Following the termination or cancellation of Your subscription to the Service and/or Account, benePerks reserve the right to delete all Your Data in the normal course of operation after 180 days of the end of your subscription effective end date. Your Data cannot be recovered after 180 days from your service end date.
Entire Agreement & Future Amendment.
BenePerks may amend this Agreement at any time, for any reason, by notice conspicuously posted on the Site. Amendments will be effective as stated in the notice. Continued use of the Site after any Amendment becomes effective shall indicate the Authorized User's consent and agreement to the Amendment.
BenePerks Copyright & Legal Notices
BenePerks System Defined. The BenePerks System ("BenePerks" or "The System") is hosted by BenePerks, Inc ("Hosting Service"), a North Carolina Corporation. . BenePerks was created to facilitate the administration of insurance products such as group health, dental, life, or disability plans. Unless otherwise indicated below, references to BenePerks include computer software, object code, source code, user guides, user interfaces, databases, trademarks, copyrights, and all other intellectual property rights relating to BenePerks.
Notice of Ownership.
Website Service's address is BenePerks,Inc 301 N Elm St suite 520 Greensboro, NC 27401. Hosting Service is the authorized agent and licensee of The System's owner and developer, BenePerks, Inc.
BenePerks owns all proprietary rights relating to BenePerks. Those rights include, but are not limited to, database rights, design and layout, copyright (whether registered or unregistered), proprietary solutions and trade secrets, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same.
The BenePerks name and graphic logo are trademarks of BenePerks Inc.
No claim is made to data as entered into BenePerks by Authorized Users; but copyright is claimed as to the format and layout of that data when displayed through BenePerks.
No person may re-post, distribute, or reproduce in any way any of BenePerks's copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of Hosting Service or BenePerks.
Agent for Notice of Infringement. If you believe that BenePerks or Hosting Service are infringing upon your Copyright or other intellectual property rights, you must notify BenePerks's Designated Agent. Your notice must comply with Section 512(d) of the U.S. Copyright Act. Notices not compliant with the Copyright Act will be discarded. You are entitled to provide notification via e mail; take note that email content or formats which may be confused for spam (when filtered electronically) may be subject to auto deletion by our mail server. The Designated Agent for Notices is:
BenePerks, Inc 301 N Elm St suite 520 Greensboro, NC 27401 (336) 290-1000 firstname.lastname@example.org