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Legal Agreement.  In order to use the website (“Site”) service being offered to you by OptumHealth, you agree to these OptumHealth Terms of Service (“OptumHealth Terms”).  These OptumHealth Terms constitute a legally binding agreement between you and OptumHealth.  If you are helping another person use the Site, these OptumHealth Terms constitute a legally binding agreement between both the helper and the person being helped and OptumHealth.  Terms such as “we” or “our” and “Company” refer to OptumHealth and its affiliate entities.  Please print and retain a copy of these OptumHealth Terms for your records.

Site Terms.  In addition to these OptumHealth Terms, your use of the Site is also governed by the Terms of Service and Privacy Policy.  If there is a conflict between these OptumHealth Terms and the Terms of Service and Privacy Policy, these OptumHealth Terms will govern.

Confirmation of Age.  You represent and warrant that you are 18 years of age or older.  If you are under age 18, you may not use the Site. 
Enrollment in SparkPeople by Health Plan Members.  Enrollment in SparkPeople through this Site and identification of a wellness coach will inform SparkPeople that you are a health plan member engaged in wellness coaching.

Consent to OptumHealth Receiving Personal Information and Monitoring Site Activity.   “Personal information” means information that specifically identifies you as an individual, such as your full name, telephone number, e-mail address, postal address, or certain account numbers.   If you choose to use the Site and provide personal information to SparkPeople, SparkPeople will share information about your Site use and activity with OptumHealth.  This personal information may include, for example, your name and frequency of use such as number of logins, weight tracker, nutrition tracking, and setting of goals.  Such information received by OptumHealth from SparkPeople will be handled by OptumHealth as described below.
  • Use of Personal Information by OptumHealth for assessment and business purposes.  OptumHealth may also review and use information about your engagement, use and activity on the Site for the following purposes:
    • To assess the benefits of SparkPeople for users, including for example, to determine if use of the site or any specific website features can be correlated to successful health outcomes.
    • To comply with applicable laws, regulations, and legal process.
    • To protect someone's health, safety, or welfare.
    • To protect our rights, the rights of affiliates or related third parties, or take appropriate legal action, such as to enforce these OptumHealth Terms.
    • As otherwise necessary or useful for us to conduct our business, so long as such use is permitted by law.
  • Disclosure of Personal Information by OptumHealth.  Personal information received by OptumHealth from SparkPeople will only be disclosed to third parties as outlined below or as otherwise permitted by law.
    • We share and give access to personal information to our employees and agents in the course of operating our businesses. We may share personal information with other affiliates or business units within the Company.
    • We may share and give access to personal information with other companies that we hire to perform services on our behalf or collaborate with. Similarly, we may hire outside companies to host or operate some of our websites and related computers and software applications.  If we share or give access to personal information to outside companies we require them to use the personal information only for limited purposes. If you believe we or any company associated with the Company has misused any of your information, please contact us immediately and report such misuse.
    • We may share personal information with your health plan.  In such cases, your information will be treated as health and medical information under the Health Insurance Portability and Accountability Act (“HIPAA”) and will be handled in accordance with your health plan’s HIPAA Notice of Privacy Practices.
    • We may share personal information if all or part of the Company is sold, merged, dissolved, acquired, or in a similar transaction.
    • We may share personal information in response to a court order, subpoena, search warrant, law or regulation. We may cooperate with law enforcement authorities in investigating and prosecuting website visitors who violate our rules, or engage in behavior that is harmful to other visitors, or is illegal.

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