Privacy Policy


ENROLLMENT SYSTEM PRIVACY POLICY

This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

I. Purpose.

Benelogic, LLC ("Benelogic") created this Privacy Policy to demonstrate our firm commitment to Your online privacy. This Privacy Policy discloses our use and dissemination practices for information collected in the course of conducting business through the Enrollment System and constitutes an agreement between You and Benelogic regarding Your use of and access to the Enrollment System.

II. Definitions.

"Enrollment System" means the electronic system owned and operated by Benelogic LLC ("Benelogic") that allows You to view information regarding Your employer's Plan and may also allow You to enroll, administer and manage Your and Your eligible dependents' employee group benefits and Your individual supplemental insurance.

"Personal Information" means all personally identifiable information referring or relating to an individual, including but not limited to such individual's name, addresses, telephone numbers, social security number, employment information and protected health information, as such term is defined in the Health Insurance Portability and Accountability Act, as amended ("HIPAA").

"Plan" shall mean Your employer's employee health care/benefits plan and/or flexible spending accounts plan, or portions of such plan(s) with respect to which the Enrollment System is used.

"You" or "Your" means the individual (or the personal representative of such individual) who accesses the Enrollment System and/or uses the Enrollment System to apply to enroll in his/her employer's Plan and/or complete an application for individual insurance to supplement his/her employer's Plan.

III. Confidentiality and Security.

Benelogic acknowledges that You have a right of privacy in all Personal Information that refers or relates to You. Benelogic shall maintain the security of Personal Information, and protect the integrity of Personal Information, with a commercially reasonable degree of care. Please remember that the security measures Benelogic takes are not foolproof; no website can guarantee that Personal Information will be protected in all situations. Therefore Benelogic can only state that it will make a reasonable effort to protect all Personal Information that You provide from unauthorized access and it will hold all Personal Information in confidence in accordance with this Policy for so long as Benelogic maintains such Personal Information. Benelogic does not sell, license or rent any Personal Information about You and/or Your dependents to any third party without Your consent.

IV. Uses and Disclosures of Personal Information.

Benelogic shall not use or disclose Personal Information except:

  1. As specifically required or permitted by applicable law or regulation, or for law enforcement purposes;
  2. To the extent required or permitted by subpoena, court order, or other judicial or administrative proceedings, including workers' compensation programs;
  3. As expressly permitted in writing by You;
  4. Solely as necessary to effect, administer, service, process or enforce a transaction, product or service You requested or authorized, such as disclosing Personal Information to a supplemental insurance carrier in response to Your submission of an application to purchase individual supplemental insurance through the Enrollment System;
  5. As permitted under the agreement between Benelogic and Your employer relating to Your access and use of the Enrollment System, such as disclosing Personal Information to Your employer, the Plan sponsor (if not Your employer), the Plan or Your employer's insurance broker to inform them that You have applied to be enrolled in the Plan; and
  6. Otherwise solely to operate and provide the services associated with the Enrollment System, such as disclosing Personal Information to the insurance carrier for the Plan to determine Your eligibility for inclusion in the Plan.

V. Representations and Warranties.

You represent and warrant to Benelogic that: (i) all Personal Information You provide to Benelogic is true, accurate, complete and current on the date You provide such Personal Information; and (ii) You shall promptly correct, modify or amend all false, incomplete, outdated or inaccurate Personal Information that refers or relates to You or Your dependents as it comes or is brought to Your attention. You shall indemnify, defend and hold harmless Benelogic, and its employees, directors, affiliates, subsidiaries and clients, against all third party claims (including claims of dependents) and all related costs and expenses, including reasonable legal fees, arising out of or related to any breach by You of these representations and warranties or this Privacy Policy.

VI. Your Rights.

Any of the rights set forth in this Privacy Policy may be exercised on Your behalf by Your personal representative; provided however, that such representative produces to Benelogic documentary evidence of his/her authority and appointment, adequate in Benelogic's discretion. Certain of these rights apply to You only to the extent that Benelogic has or had in its possession, custody or control Protected Health Information as such term is defined under HIPAA ("PHI") and which PHI refers or relates to You and/or Your dependents.

  1. Right to Revoke Consent to Privacy Policy. At any time, You may give written notice to Benelogic that You revoke Your consent to this Privacy Policy. If You revoke Your consent to this Privacy Policy, Your participation in the Enrollment System shall terminate and the provisions of Paragraph VI shall apply.
  2. Right to Receive a Paper Copy of Privacy Policy. To obtain a paper copy of this Privacy Policy, You may either print it from Your computer, or contact Benelogic at the address set forth below. Benelogic may charge a reasonable fee for mailing and copying of this Privacy Policy.
  3. Right to Communicate By Other Means. Benelogic will accommodate Your reasonable requests to receive and send Personal Information by alternative means or at or to alternative locations. However, Benelogic reserves the right to charge reasonable costs for complying with such requests and to reserve its compliance with such requests until receipt of payment for such costs.
  4. Right to File a Complaint. If You believe that Your privacy rights have been violated, You may complain to Benelogic at the address set forth below. Additionally to the extent that Your complaint relates to PHI in Benelogic's possession, custody or control, you may file a complaint with the Secretary of the U.S. Department of Health and Human Services, Hubert H. Humphrey Building, 200 Independence Avenue S.W., Washington, DC 20201. Benelogic will take no action against You for filing a complaint with the Department of Health and Human Services.
  5. Right to Inspect and Copy Personal Information. For so long as Benelogic maintains Personal Information that refers or relates to You and/or Your dependents, You have a right to inspect and obtain a copy of all such Personal Information. If the Enrollment System allows You such access rights, You may inspect Personal Information that refers or relates to You and/or Your dependents on-line via the Enrollment System and print out onto paper the information displayed thereon. If You wish to obtain copies by mail, Benelogic may take up to sixty (60) days to provide the requested copies. Your written request must clearly identify all records that You wish to obtain and provide Your address for mailing. You will be invoiced for all reasonable, related costs (e.g., copying and mailing), and, upon receipt of Your payment, Benelogic will mail to the address listed in Your request all documents clearly identified in Your request that You are authorized to obtain.
  6. Right to Request Amendment of Personal Information You also have the right to request Benelogic amend Personal Information that refers or relates to You and/or Your dependents if You discover any inaccuracies or incomplete information on the Enrollment System. If such Personal Information consists of PHI, Benelogic has up to ninety (90) days to act on Your request. If Benelogic denies the request in whole or in part, it will provide You the reasons for such denial in writing.
  7. Right to Receive an Accounting Promptly upon receipt of Your written request, Benelogic will provide You with an accounting of disclosures by Benelogic of all PHI that refers or relates to You and/or Your dependents (to the extent that Benelogic has or had possession, custody or control of such PHI) during the six (6) years prior to the date of Your request. However, such accounting need not include disclosures of such PHI made: (i) to carry out treatment, payment or health care operations; (ii) to You; or (iii) prior to the HIPAA compliance date. You will be invoiced for all reasonable, related costs (e.g., copying and mailing) incurred by Benelogic to produce such accounting, and, upon receipt of Your payment, Benelogic will mail the accounting to the address listed in Your request.
  8. Right to Request Restrictions on Use and Disclosure. You may request in writing that Benelogic restrict its use and disclosures of PHI that refers or relates to You and/or Your dependents (to the extent that Benelogic has or had possession, custody or control of such PHI). Such request may include limiting use and disclosure of PHI to carry out treatment, payment and health care operations, or to restrict disclosures to family members. However, Benelogic is not required to agree to Your request.

VII. Personal Information After Termination.

Within a reasonable time after the termination or expiration of any agreement relating to Your access and use of the Enrollment System, whether such agreement is made between You and Benelogic or between Your employer and Benelogic, Benelogic shall execute a data inspection of the electronic databases containing Personal Information that refers or relates to You and/or Your dependents, so that upon completion of a data scrub of such Personal Information, all such Personal Information in all live electronic databases owned or operated by Benelogic will be rendered inaccessible by any user of the databases other than Benelogic and its employees or agents. Additionally, if feasible, Benelogic may destroy all such Personal Information or return it to Your employer or the Plan, in Benelogic's discretion. During the entire time that Benelogic retains any Personal Information that refers or relates to You or Your dependents, Benelogic shall comply with its obligations under this Privacy Policy, including, and not limited to, the privacy, confidentiality and security obligations.

VIII. Terms of Use.

This Privacy Policy is adopted and incorporated by reference into the Terms of Use for the Enrollment System. The Terms of Use are set forth on the Enrollment System. The Terms of Use and this Privacy Policy are the legal documents governing Your use of the Enrollment System. Please thoroughly review the Terms of Use and this Privacy Policy prior to making any use of the Enrollment System.

IX. Effect of Termination

Any termination of an agreement between You and Benelogic, including this Privacy Policy or Terms of Use, or any termination of an agreement between Your employer and Benelogic as it relates to Your access and use of the Enrollment System, will not terminate: (i) Your and Your dependents' employee group insurance benefits; or (ii) any policies of supplemental insurance, if any, You applied for using the Enrollment System and which were issued to You by the policy carrier.

X. Other Information Collected.

Benelogic continually seeks to improve the quality of its Enrollment System, products and services so that Benelogic may better meet Your needs. As part of this process and in addition to Personal Information, Benelogic also collects information in the form of cookies. A cookie is a small data file that certain websites write to Your hard drive when You visit the website. A cookie file can contain information such as a User ID that identifies Your computer to the Website. But cookies can only identify You as a unique, but anonymous, user of the website unless You choose to submit Personal Information about Yourself through the website. Since the Enrollment System operates through a website, Benelogic uses cookies as a mechanism for creating a user "session," identifying a unique user as he or she moves among pages of the Enrollment System. Combined with website usage logging, Benelogic may track user Enrollment System use patterns, such as whether You click on various links throughout the Enrollment System. Benelogic uses the cookie information to identify Your computer in its database and to track the pages You visit on the Enrollment System. However, a cookie can't read data off Your hard disk. Further, Benelogic cannot read cookie files created by other websites, nor can other websites read information from cookies created by Benelogic. Benelogic does not store any Personal Information in a cookie, such as PHI or social security numbers.

XI. Extent of Obligation.

The use and disclosure of PHI is regulated by a Federal Law known as HIPAA. The HIPAA regulations will supersede any discrepancy between this Privacy Policy and HIPAA. This Privacy Policy is intended only to obligate Benelogic to protect Personal Information to the extent required by applicable law, including HIPAA. Therefore, Benelogic shall endeavor to contractually require others who acquire or provide Personal Information from or to Benelogic, such as Benelogic subcontractors, to comply with this Privacy Policy. You agree that Benelogic shall not be held liable for: (i) any improper use or disclosure of Personal Information by You, Your employer or any other person or entity not under Benelogic's direction or control; or (ii) breach of any duty or obligation in this Privacy Policy which is greater than that required by applicable law.

XII. Policy Applicability.

This Policy does not apply to information that has been de-identified. De-identified information is not Personal Information, but rather is information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual.

XIII. Plan Enrollment and Consent

If the Enrollment System allows You to perform enrollment functions, before enrolling You and/or Your dependents in Your employer's Plan, the carrier of such Plan, whether an insurance provider or Your employer, may request Your consent to their privacy practices. If You decline to provide such consent, or if You condition Your consent in any manner, You may not be enrolled in the Plan. The privacy practices of Plan carriers are separate and distinct from this Privacy Policy and may differ from this Privacy Policy. Benelogic is not responsible for the privacy practices implemented by Plan carriers, and Your consent to this Privacy Policy does not mean that You have given Your consent to the privacy practices of any Plan carrier.

XIV. Supplemental Insurance Application and Consent.

When You use the Enrollment System to apply for insurance to supplement Your employer's Plan (if the Enrollment System allows You such access), You may be asked by the carrier of such supplemental insurance to execute a written consent so that certain Personal Information that refers or relates to You may be disclosed and used by such carrier to determine whether You qualify for such supplemental insurance and otherwise for underwriting purposes associated with such supplemental insurance. If You decline to provide such consent, or if You condition Your consent in any manner, You may not be issued such supplemental insurance. Benelogic is not responsible for the consents required by supplemental insurance carriers, and Your consent to this Privacy Policy does not mean that You have given Your consent to such supplemental insurance carrier regarding its use or disclosure of certain Personal Information.

XV. Children's Policy (Age 12 and Under).

Benelogic takes children's privacy seriously. Benelogic does not seek to collect Personal Information from children through the Enrollment System. Benelogic collect Personal Information referring or relating to a child, but only to the extent that You provide such information for the purpose of obtaining coverage for Your child as a dependent under Your employer's Plan. If Benelogic becomes aware that a person submitting Personal Information through any part of the Enrollment System is a child, Benelogic promptly deletes the information does not use it for any purpose, nor does Benelogic disclose it to third parties. Since Benelogic does not seek to collect any Personal Information from children, if a parent requests to review information submitted by their child before Benelogic has discovered and deleted the information, Benelogic will honor that request.

XVI. Change of Policy.

Benelogic may modify this Privacy Policy from time to time. Such modifications shall be posted on the Enrollment System, and You agree to receive notices concerning this Privacy Policy solely by notices posted on the Enrollment System. Benelogic will use commercially reasonable efforts to notify You when You log on to the Enrollment System if a modified Privacy Policy is posted. Benelogic reserves the right to apply such modifications retroactively to Personal Information Benelogic previously collected. If You do not revoke Your consent to this Privacy Policy in accordance with Paragraph VI above, all such modifications shall automatically become effective as to Your access and use of the Enrollment System.

XVII. Questions and More Information.

If You have any questions regarding this Policy or the matters addressed in it, You may contact Your employer or Benelogic may be reached care of: Compliance Director, Benelogic, LLC

Corporate Office Address:
9515 Deereco Rd. Suite 300
Timonium, MD 21093

Corporate Mailing Address:
PO Box 6395
Timonium, MD 21094-6395

443-322-2494 (phone)
443-322-2496 (fax)
compliance@benelogic.com (email)