EFFECTIVE DATE: JULY 1, 2015
This website is owned and operated by Real Appeal, Inc. and its affiliates (collectively “REAL APPEAL” or “we”). Through this website REAL APPEAL provides an online weight loss program on behalf of participating health plans to members of such plans, which program includes services and health tools such as online wellness coaching, the ability to track your weight and weight loss goals, the ability to track what you eat, drink, and your physical activity, an online team, achievements, and other services and tools used in a weight loss program (the “REAL APPEAL Program“).
- Who Are Eligible To Use This Website: Participation in the REAL APPEAL Program is limited to members of participating health plans. If you belong to a participating health plan, your health plan has a contract with REAL APPEAL whereby REAL APPEAL has agreed to provide certain services and health tools to members of your health plan, primarily through this website. If you are not a member of a participating health plan or the legal representative of such a member, you do not have authority to use this website.
CERTAIN DEFINED TERMS
As used herein:
“REAL APPEAL and Related Parties” means, collectively, all of the following:
- (i) REAL APPEAL;
- (ii) participating health plans in the REAL APPEAL Program;
- (iii) participating employers in the REAL APPEAL Program;
- (iv) any and all other persons and entities designated by REAL APPEAL
- to provide products, services, support, assistance, or content for the REAL APPEAL Program or this website or otherwise for the business of REAL APPEAL; and
- (v) the respective successors and assigns of the foregoing.
“You” or “User” means any user of this website who is a member of a participating health plan or a legal representative of such a member.
NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
Under California Civil Code Section 1798.83 (known as the “shine the light” law), California residents have a right to request an information-sharing disclosure from a business to which they have provided personal information and which has disclosed the information to any third party for third-party direct marketing uses in the prior calendar year.
REAL APPEAL does not knowingly share your personal information with third parties for such third parties’ direct marketing uses, except with your express prior consent. California residents may send requests for information-sharing disclosure under this law to us via email at [email@example.com]. Please note that, under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email address.
Do Not Track (DNT) Disclosure: This website does not currently respond to “Do Not Track” signals of web browsers. However, should the industry establish uniform technological standards for recognizing and implementing “Do Not Track” signals, REAL APPEAL would be open to following such industry standards.
WHAT INFORMATION WE COLLECT
When you sign up for the REAL APPEAL Program on this website, we collect the following information from you:
- your first and last name
- your date of birth
- your email address (which will also be your username)
- a password of your choice and associated security question for password recovery
- your health plan provider name, Member ID and Group Number (which information is needed in order for us to verify your eligibility to participate in the REAL APPEAL Program)
- your telephone number and mailing address (if voluntarily provided by you)
- additional information about you (if voluntarily provided by you) that will make up your personal profile on this website
It is entirely your choice whether or not to disclose your information to us. Note, however, that if you elect not to provide us with all the information requested by us, it may limit our ability to provide the REAL APPEAL Program services and tools to you.
Also, after you sign up for the REAL APPEAL Program on this website, your health plan may share with REAL APPEAL certain information about you so as to enable us to link your participation in the REAL APPEAL Program to your health plan.
HOW WE USE AND SHARE INFORMATION COLLECTED
The following describes how we use and share your information collected:
- To provide, operate, manage, maintain and improve the REAL APPEAL Program services and tools: This includes (but is not limited to) setting up, maintaining and administering your account and providing you with account related services and support; providing services and health tools for your use during your participation in the REAL APPEAL Program, including tailoring services and tools to your situation and needs and customizing and personalizing your user experience on this website; and responding to an inquiry or request from you.
- To communicate with you: By providing us with your email address, mailing address and/or telephone or mobile number, you agree that we may use such information to communicate with you, including sending you REAL APPEAL electronic newsletters and other publications, notifications of account status, information related to the REAL APPEAL Program or this website, information regarding new products, services or offers from REAL APPEAL, information regarding common medical and health related topics, preventive care messages, etc.
- To share with your health plan: We may disclose information collected from or about you to your health plan. Your health plan’s use and further disclosure of the information will be subject to its HIPAA NOTICE OF PRIVACY PRACTICES.
- To share with service providers: We use third-party service providers to help us host, operate, manage, maintain, support and/or improve this website and they may need to access our user information in order to perform tasks and services for us. We require that our service providers limit their use of our user information solely to providing services to us and that they safeguard such information and not make unauthorized use or disclosure of the information.
- To share with REAL APPEAL employees: We disclose your Information to our employees on a need-to-know basis in connection with their performing services and tasks on our behalf. For example, the wellness coach assigned to you will have access to your information in order to provide coaching and support services requested by you. Those employees receive training on our privacy and security obligations.
- To share with other program participants or the public as directed and authorized by you: If you direct and authorize us to share any of your information with other participants in the REAL APPEAL program, or to publish any of your information on this website (such as through the “Storyboard” feature of this website), we will do so as directed and authorized by you.IMPORTANT NOTE: Participants are expected to respect the privacy of other participants in the REAL APPEAL Program. You are not authorized to disclose any information that is shared by another participant in the REAL APPEAL Program, unless: (i) the other participant expressly agrees to your disclosure, or the information has already been published with the authorization of the other participant (e.g., published through the “Storyboard” feature of this website or in REAL APPEAL’s newsletter or other publicly available REAL APPEAL communication); and (ii) the manner in which you further disclose the other participant’s information is consistent with the stated goals of the REAL APPEAL Program, including encouraging weight loss for adults at risk of developing type 2 diabetes.
You understand and acknowledge that by voluntarily sharing your information with others, you accept the risk of unauthorized use, publication and disclosure of your information by others, and REAL APPEAL and Related Parties assume no responsibility or liability for any unauthorized use, publication or disclosure of your information by others, or any responsibility or obligation to monitor or prevent any such unauthorized use, publication or disclosure.
COOKIES AND SIMILAR TECHNOLOGIES
REAL APPEAL and Related Parties may also use “web beacons” (also known as “clear GIFs,” “pixel tags,” etc.) – which are small bits of code embedded in web pages or in emails – to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns. REAL APPEAL and Related Parties may include web beacons in emails to help recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc. Web beacons cannot be declined when delivered via a regular web page. However, web beacons can be refused when delivered via email. If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.
In addition, REAL APPEAL and Related Parties may use analytics tools (e.g., Google Analytics) to gather aggregate (non-personally identifiable) information about users of this website, such as which pages are visited and how often they are visited, etc., and may use such information to analyze and better understand user demographics and interests and to measure and improve the performance of this website and the REAL APPEAL Program services and tools.
Below are examples of the ways we may use our user activity information collected from cookies and similar technologies described above:
- customizing your experience on this website, including managing and recording your preferences.
- using the information for REAL APPEAL’s internal product development and research.
- tracking resources and data accessed on this website.
- compiling reports regarding website usage, activity, and statistics.
- assisting users experiencing website problems.
- enabling certain functions and tools on this website.
- tracking paths of visitors to this website and within this website.
In order to maintain the integrity and security of your Information, we have implemented administrative, technical and physical safeguards to protect the privacy and security of your Information, including firewalls, limited access to our servers, security policies and procedures, employee training, back-up systems and disaster recovery plans.
Of course, we appreciate your help in safeguarding the integrity of your own privacy. Please keep your username and password confidential and safe from discovery by others, and close your browser after using our site to ensure that later users of your computer cannot return to pages displaying your Information. Just as important, we encourage you to let us know immediately if you suspect that the Information you share with us is being used in any way contrary to this Policy.
Unfortunately, no security system is impenetrable and no data transmission over the internet can be 100% secure. We cannot warrant or guarantee the security of our website, nor can we warrant or guarantee that any Information you provide will not be intercepted while being transmitted over the internet. We are not liable for the illegal acts of third parties, such as criminal hackers.
Please also note that most standard email providers provide unencrypted means of communication. There is a risk that unencrypted emails may be accessible or intercepted by unauthorized third parties, and REAL APPEAL does not warrant or guarantee the security of any Information (including Health Information) transmitted to or from you by electronic means.
INFORMATION ACCESS AND CHOICES
- Personal Profile: You may view and edit your personal profile on this website at any time by logging into your account, clicking on the profile icon or menu option, and then clicking on the settings icon or menu option.
- Mobile Messaging: The REAL APPEAL Program may include features that allow you to receive mobile messages/alerts from us. If you sign up for one of such programs, you may cancel and terminate your participation in such program at any time by replying STOP to a mobile message you have received, or by texting STOP to the short code used for the messaging program from which you wish to opt out (if you have enrolled in multiple messaging programs on the same short code and wish to opt out from all those programs, text STOP ALL to the short code).
- Use of Personally Owned Devices: Participants are encouraged to use personally owned devices (e.g., home computers, personal smart devices) in connection with their participation in the REAL APPEAL program. Participants are reminded that any use of employer owned or issued devices, or employer managed IT systems, are covered by the employer’s polices.
- Account Cancellation: If you wish to cancel your participation in the REAL APPEAL Program, please Contact Us. However, you acknowledge that REAL APPEAL reserves the right to retain your information if doing so is necessary to comply with law or legal process (including a court order or subpoena), to cooperate with law enforcement (including investigation of an alleged or suspected crime, fraud or other illegal activity), or to complete a pending transaction, to resolve a claim or dispute, or to enforce an applicable agreement between you and REAL APPEAL.
REAL APPEAL will retain your information for as long as you continue to participate in the REAL APPEAL Program or continue to use this website. In addition, REAL APPEAL reserves the right to retain your information as necessary to comply with its legal obligations, resolve disputes, and/or enforce an applicable agreement between you and REAL APPEAL. Please note that aggregate (non-personally identifiable) user activity information collected from this website may be retained and used by REAL APPEAL indefinitely.
CHILDREN AND MINORS
This website and the REAL APPEAL Program are not intended for or directed to anyone under the age of 18. REAL APPEAL does not knowingly collect personal information from anyone under the age of 18.
Real Appeal, Inc.
10866 Wilshire Blvd., Ste. 400
Los Angeles, California 90024
Tel: 1-844-344-REAL (7325)