Effective March 19, 2010

This website, http://www.WELLTHEN.ORG (the "Site") is owned and operated by Harvard Pilgrim Health Care, Inc. ("we" or "us" or "Harvard Pilgrim"). Harvard Pilgrim offers health insurance products and services and maintains a separate website for that purpose at www.harvardpilgrim.org. This policy does not apply to information on or related to that website and, instead, only applies to information that we collect on this Site.

We are committed to respecting your privacy; however, please be aware that the whole world may visit this Site and our goal is to promote wellness with common sense advice from users which is not medical advice. Users may say or post anything consistent with the Terms of Use for the Site, and that means that there is very little, if any, privacy for any personally identifying information ("PI" as defined below) that you provide in connection with the Site. Furthermore, such information is not governed by the Health Insurance Portability and Accountability Act ("HIPAA") or any similar federal or state medical privacy laws. This Privacy and Information Security Policy ("Policy") is intended to let you know what PI we may collect from you on the Site and how we may use and share it. Please take a moment to review the terms of this Policy. If you do not agree with them, you may not use the Site.

This Policy is part of the Site Terms of Use. All capitalized terms used but not defined in this Policy shall have the definitions in the Terms of Use (which definitions are incorporated herein by this reference).

Information We May Collect

By "Personally Identifying Information" or "PI," we generally mean information that we are required to treat as "PI" by law. Many laws define PI as sensitive data such as a name plus a social security number, but we tend not to collect sensitive data; other laws sometimes define PI as any information that personally identifies an individual. You can visit the Site without registering, but most Site activities are only available to registered users. During registration, we will collect the following information, which may or may not be PI: first and last name, e-mail address (which must be a valid, active U.S.-based e-mail address), and site User Name and password. Your User Name will be visible when participating in site activities and will be viewable by all users (including the general public). Additionally, your first and last name will be viewed by all users of the site for search functionality purposes. If you do not want other users to view your first and last name, you may opt-out of this search functionality on your user profile page. Therefore, you should use caution when choosing your User Name or providing any profile or other information.

Other than that, you are in control of whether you provide PI or other information on or in connection with the Site. For example, if you post a video, submission affirms you have the rights to use the images, names and likeness of all parties featured. If you take a video of yourself, your picture may be PI that we did not require you to provide. Everyone can see that video so do not post or provide any information that you or anyone else (e.g., family or friends in the video) do not want to become public. Note that the Terms of Use require you to get written permission before posting PI regarding others.

Other features of the Site might also allow you to submit information about other people. For example, if you wish to e-mail a video from the Site to a friend, you will submit your friend's e-mail address, your e-mail address, and an optional message to that person which also may have PI within it. We will use and store any such information that we collect from you about another person only to the extent necessary to carry out your request, and we will not use such information for any other purpose.

We collect PI or other information that varies with your activities and what you opt to provide. For example, if you provide us with PI or other information, we may retain and use that information for the following purposes:

• We will not use your PI in advertising or marketing materials without your consent: provided, however, we may use your uploaded content without your consent if in our reasonable discretion it does not contain your PI.
• If you submit PI to well, then, we may use that information to operate, maintain, and improve the features and functionality of well, then, and to process any flagging activity or other communication you send to us.
• We do not use your email address or other PI to send commercial or marketing messages to you. We may use your email address without further consent for non-marketing or administrative purposes (such as notifying you of Site changes or for customer service purposes). We will also use your email address to send automated notification alerts of Site activity such as, but not limited to, user comments, user messages, and following requests in connection with your use of the Site. You may opt-out from these notifications (except for essential Site updates) if you do not wish to receive them.
• We use cookies, web beacons, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit well, then; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.

We may use other businesses to perform certain services and functions for us regarding the Site, such as maintaining the Site, helping us respond to claims of infringement, and providing community features and functionality. We may allow access to or provide PI to service providers when we believe such is advisable or necessary for them to perform their duties.

We will also disclose PI when required by law and even voluntarily if we believe (in our sole discretion) that disclosing it is necessary or advisable for any purpose (including without limitation to possibly prevent harm to us, others or property, to enforce our rights or contracts, and to bring or defend legal actions). We may buy other businesses or their assets or sell our business assets. User information is one of the business assets involved in such transactions and we may transfer PI as part of those or similar transactions or asset transfers.

Some pages on this web site employ browser session "cookies." A cookie is a small piece of data that a web site transfers to your computer's hard disk to allow the server to distinguish your session from that of others while you are connected. Requests to send cookies are not designed to collect information about you, but only about your "browser session." The cookies make it easier for you to use the dynamic features of our web site. The cookies and the information about your session are automatically destroyed shortly after you close your browser. The information is not permanently stored on your computer. We do not collect PI about you except as described above.

If you choose to provide User Materials (e.g., upload any information, videos, create a profile, participate in a chatroom, use a forum, or import a blog), you should be aware that any PI you post can be read, collected, or used by other users of the Site, and could be used to send you unsolicited messages or in an attempt to take advantage of you or any health condition that you reveal. Do not reveal any PI or health information that you do not want the whole world to know or that might make you vulnerable. We do not undertake responsibility for any PI you choose to provide and we strongly recommend careful consideration before you provide it. Well-being can be robustly promoted and discussed on the Site without revelations of PI.

Also note that whenever you give out PI on a "public" venue online such as our Site (for example, in a blog, message board, chat room), that information can be collected and used by people you do not know and they might break the promises they make under the Terms Of Use. If you choose to provide information (such as in any blog, message board, chat room, or similar forum) it will not be protected and it is not our Policy to protect it. You agree that you will only make your choices about your own PI or other information, If the information relates to any other person you agree not to provide it without that person's express consent.

The Terms of Use contain information about links to other sites that we do not control. Linked sites may send their own cookies or technologies to visitors, collect data, or solicit Personal Information, and any privacy policies of those sites may be significantly different from this Policy and will control. In short, be careful of where you go.

We do not collect sensitive personal information. If such information is on the Site, it will be because you have decided to provide it such as in User Materials. We believe we have reasonable security for purposes of maintaining user registration information, but that will not protect any sensitive information that you decide to post or otherwise provide.

WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION, INCLUDING USER MATERIALS. If applicable law imposes any non-disclaimable duty on us about security, you agree that the standard used to measure our compliance with that duty will be willful misconduct. Also, please note that the Site, profiles and emails are not encrypted and you should not provide any information, profile or User Materials that you do not want to become public;

• Consent to International Transfer of Info. Anyone may use our Site. You agree that we may transfer and Disclose your Info worldwide for any purpose not prohibited by this Policy.
• Consent to Recording. If you deal with us or our Agents over the telephone, you agree that we may record the conversation and use and disclose it under this Policy. PI referenced in the call may be recorded or entered into another media (e.g., a computer).
• Consent to Electronic Notice If There is a Security Breach: If we (or an agent) are required to provide notice of unauthorized access or other invasions of certain security systems, you agree that we (or they) may do so when required (or voluntarily) by posting notice on our Site or sending notice to any email address we have for you, in our (or their) good faith discretion. You agree that notice to you will count as notice to others using your account or membership and agree to pass the notice on to them.
• Consent to Contact You: We will use your email address to send automated notification alerts of Site activity such as, but not limited to, user comments, user messages, and following requests in connection with your use of the Site. We may also contact you with service related announcements from time to time. You may opt-out of these email communications (except for essential Site updates) on your account notifications page.

You may control your profile information by changing it at any time (except for User Names) by using the edit profile feature of the Site.

After receiving a request to change your information, we will make reasonable efforts to ensure that such information stored in our databases will be updated, corrected, changed, or deleted, as appropriate, as soon as and to the extent reasonably practicable. However, we reserve the right to retain any information that we relied upon (e.g., such as information relevant to your assurances regarding permissions you obtained for your User Material and submitted content). We also may retain PI or any other information that we need to enforce our rights or that we are required to retain by law, including without limitation PI to resolve disputes, troubleshoot problems, and enforce our Terms of Use. In addition, it may not be technologically possible to remove each and every record of the information you have provided to us and we reserve the right to cease accessing it instead of "removing" it. A copy of your PI and other information may exist in a non-erasable form.

This Site is not intended for use by children under 13. Authorized users might provide information about children (e.g., how you solved your child's inability to sleep). However, we do not want to collect information from children. Do not provide us any PI or other information unless you are at least 13 years of age. If a child under 13 has provided PI, a parent or guardian may so inform us by writing us at wellthen@harvardpilgrim.org and we will use commercially reasonable efforts to delete it from our database, subject to applicable law and this Policy.

If you are a Registered User, you agree that we may amend this Privacy and Information Security Policy, including the Terms of Use, from time to time by using the following procedure. You agree that we may use the following amendment procedure: onsite messages or email. Users who are not registered agree to be bound by the Privacy and Information Security Policy in effect at the time you are using the Site. If you fail to terminate your account or to remove your profile, or if you use the Site after the effective date of an amendment, that will be your consent to the amended version of the Privacy and Information Security Policy, including the Terms of Use.

The Site is controlled, operated and administered by Harvard Pilgrim from its offices within the United States. We make no representation that materials on the Site are appropriate or available for use at locations outside of the United States and any access to them from such locations outside of the United States is strictly prohibited. By using the Site you agree and consent to all this Policy and also to transfer of all PI or other information about you contemplated by or related to such use, including, without limitation, the Terms of Use. If you do not want to consent or agree, do not use the Site. However, use of this Site is done so on your own initiative, at your own risk and you are responsible for compliance with applicable local laws.

As noted, this Policy is part of and supplemented by our Terms of Use. If there is a conflict between the Terms of Use and this Policy, the latest version of the Terms of Use will control. As a contract, we and you are bound by this Policy. If you think we are in default, you may contact us by writing to wellthen@harvardpilgrim.org. There are no third party beneficiaries of this Policy.

Effective March 15, 2010

Read old privacy policy.