Spott3r Wellness Credit Terms of Use (“Wellness Credit Terms of Use”)

Background and Key Definitions

One of the services offered by Spott3r is a service that helps individuals enrolled with Spott3r (“Clients”) to make filings (“Wellness Credit Requests”) with certain health plans or employers (“Plans”) under those Plans’ wellness and similar policies (the “Wellness Credit Service”). Some Plans have policies that provide credits, rewards or payments (“Wellness Credits”) to their members for engaging in health and wellness activities. For example, some Plans make a cash payment to their members who (i) enroll in a gym or similar fitness club or facility (a “Gym”); and (ii) provide evidence of using the Gym to engage in cardiovascular fitness activities or other specified activity (“Qualifying Activity”).

Authorization of Wellness Credit Service

Spott3r offers its Clients the ability to submit demographic, Gym, Plan and Qualifying Activity data (“Activity Data”) electronically through Spott3r to Plans. (The Activity Data and demographic and insurance data may be collectively referred to as the “Client Data.”) In order to enable Spott3r to provide the Wellness Credit Service, you must provide complete and correct name, address and contact information, as well as health plan policy information, and (i) authorize Spott3r to obtain Activity Data and related information from any Gym or other business or site that possesses necessary Activity Data; and (ii) authorize Spott3r to send and receive information on your behalf to the applicable Plan in order to request and/or obtain Wellness Credits on your behalf. You must also authorize Spott3r to request the Wellness Credits on your behalf. By clicking “Submit” you agree to these Wellness Credit Terms of Use, and you hereby provide to Spott3r the foregoing authority, as well as the other authorizations set forth in the Wellness Credit Terms of Use. You also reaffirm your agreement to the general Terms of Use of the Spott3r website.

Spott3r will make applicable submissions to Plans as part of its Wellness Credit Service. If Spott3r receives Plan communications intended for you as a Plan member, Spott3r shall forward such communications to you through your Spott3r account (the “Spott3r Account”). If Spott3r receives payment of Wellness Credits for you, Spott3r shall forward such payments to you, less applicable Fees (as explained in the “Fees” section, below).

Authorization of Communications by Plan and Spott3r

You hereby authorize your Plan (and any and all future Plans that may provide Wellness Credits) to communicate information about you, and to make Wellness Credit payments to Spott3r as contemplated by the Wellness Credit Terms of Use and in order to permit the processing of Wellness Credit Requests. You hereby authorize Spott3r to communicate as necessary with your Plan (and any and all future Plans that may provide Wellness Credits), and to provide information about you, as contemplated by the Wellness Credit Terms of Use and in order to permit the processing of Wellness Credit Requests and the Payment of any Wellness Credits.


Except if specifically required by law, Spott3r will not use the personally identifiable Client Data for any purpose other than to provide the Wellness Credit Service without your consent.

Authorization for Use of De-Identified Information

You authorize Spott3r to use de-identified Activity Data and demographic data for any purpose, without any financial or other obligation to you. (De-identified data may include Activity Data (including Gym name or the name of other Qualifying Activity business and characteristics of the Gym or business), height (if applicable), weight (if applicable), insurance or health plan name and/or type of plan, age, gender and zip code, Wellness Credit payment history and information about your use of the Spott3r website and how you use other websites. You agree that data containing the foregoing variables is “de-identified.”) Provided that Spott3r uses only data that is de-identified in accordance with this paragraph, you waive any claim against Spott3r with respect to the use of such data.

Fees

If you desire for Spott3r to submit Wellness Credit Requests on your behalf, you shall pay a fee to Spott3r equal to ten percent of the credit (the “Fee”) for each request made. If your Plan makes the Wellness Credit payment to Spott3r in a form in which Spott3r is permitted to deduct the Fee from such payment, then you hereby authorize Spott3r to do so, and Spott3r shall forward the balance to you quarterly. If your Plan makes the Wellness Credit payment directly to you, the initial Wellness Credit Request Fee may be waived, but thereafter (unless your Plan changes its procedures to pay Spott3r directly in a manner in which Spott3r is permitted to deduct the Fee, or unless the Plan pays Spott3r’s fee directly) in order for Spott3r to continue to provide its service to you, your shall pay the Fee directly to Spott3r by credit card at the time of submission of the Wellness Credit Request.

From time to time, Spott3r may notify you of the availability of promotions in which it will charge a reduced fee or waive its fees.

Spott3r may raise its fees at any time on not less than ten (10) days notice to you. Notice shall be considered effective upon its posting on the Spott3r website or by e-mail notification to the e- mail account that you have provided to Spott3r.

Credit Card Payment

As noted above in the “Fees” section, in order to pay for the Wellness Credit Service, you may be asked to supply certain information relevant to, without limitation, your credit card number, the expiration date of your credit card, your billing address, and other related credit card security codes. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Spott3r the right to provide such information to third parties for purposes of facilitating the completion of payment initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.


Privacy Policy

Information Collection and Use

Spott3r is the sole owner of the information collected on this site (except for documents you store in the document management system as explained in the Website Terms of Use). We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement, the Website Terms of Use or the Wellness Credit Terms of Use (collectively, the “Terms of Use”). Certain capitalized terms in this Privacy Policy shall have the meanings set forth in the Terms of Use. Spott3r collects information from our users at several different points on our website.

Registration

In order to use this website, a user must first complete the registration profile form. During registration a user is required to give their contact information such as name, email address, date of birth, home or business address. This information is used to contact the user if s/he has problems or to communicate with the user’s Plan or Gym as defined in the Terms of Use. Spott3r cannot provide the Wellness Credit Service without the registration information or allow access to secure portions of the website.

Order Forms

We request information from the user on order forms. To make an order for a service, the user must have logon access to our site, and must have provided contact information (like name and address) and possibly financial information (like credit card number, expiration date). This information is used for billing purposes and to provide services. If we have trouble processing an order, this contact information is used to get in touch with the user.

Cookies

A cookie is a piece of data stored on the user's hard drive containing information about the user. After you enter your user name and password and click the Log On button, we will use a session ID cookie to indicate the beginning of your session with Spott3r and make it easier for you to navigate our site. A session ID cookie expires when you close your browser. If you reject cookies, you will not be able to log on to our site. This privacy statement covers the use of cookies by www.spott3r.com only and does not cover the use of cookies by any advertisers or any linked sites.

Log Files

We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use.

Sharing

We will share aggregated information (including IP address usage information) such as purchase trends and demographic data. This is not linked to any personal information that can identify any individual person.

We may use outside companies to ship products to a user's home or office. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.

We may partner with other parties to provide specific services. We may contract with third party vendors to assist us in delivering our services to our customers. These vendors include claims processors, data processors and fulfillment houses. They perform services on our behalf to our customers. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Links

This website contains links to other sites. Please be advised that Spott3r is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by the Spottt3r website.

Surveys

From time-to-time our site requests information from users via surveys. Participation in these surveys is completely voluntary and the user also has a choice to fill out the survey anonymously. Information requested may concern Spott3r processes, website usage, planned purchases and requested features. Contact information will be used to verify the validity of the input. Survey information will be used for the purposes of monitoring or improving the use and satisfaction of this Spott3r website or for future product development. The survey text itself may also indicate other permitted uses at the time. If you proceed with a survey after such notice of other uses, such uses shall be understood to be permitted by you.

Security

Spott3r takes precautions to protect our users' information. When users submit sensitive information via the website, your information is protected both online and offline.

When our registration/profile asks users to enter sensitive information such as date of birth, home address, or financial information that information is encrypted using SSL. During this process, the user creates a username and password that establishes their account. Once the account is established, users must log on to update their profile, place orders or review account status all of which are done on secure pages. While on a secure page, such as the registration or 'MyAccount' page, the icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer will show a 'locked' status.

While we use SSL encryption to protect sensitive information online, we also take steps to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees or contractors who need the information to perform a specific function such as customer support - are granted access to personally identifiable information. Our employees or contractors must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to any applications.

All employees and contractors are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected. Finally, the servers that we store personally identifiable information on are kept in a secure environment.

If you have any questions about the security at our website, you can send an email to security@spott3r.com.

Confirmation Email & Selected Correspondence

We send all new members a confirming email to verify user information and transactions. Established members may periodically receive information on products and service enhancements or survey requests regarding the use of our site. Out of respect for the privacy of our users we present the option of not receiving certain types of communications. Please see our opt-out statement below.

Updating Personal Information

If a user's personally identifiable information changes such as the address, we provide a way to correct, update or remove personal data that is provided to us. This can be done via the website.

Opt-in/Opt-out Choices

Our users are given the opportunity to opt-out of receiving communications not directly related to our site. For example, we may survey our users for information about their use of our site and services or about their interest in possible new products and service enhancements. Information on how to opt-out is included in our user agreement and can be made by contacting our customer service center.

Users who no longer wish to receive our correspondence or promotional materials from us or any partner acting on our behalf may opt-out of receiving these communications by replying to unsubscribe in the subject line of the email or by emailing us at service@spott3r.com.

Notification of Changes

If we decide to change our privacy policy, we will post those changes on our homepage so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we would notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

Legal Disclaimer

Though we make every effort to preserve your privacy we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on Spott3r or its affiliates.

Contact Information

If you have any questions or suggestions regarding our privacy policy, please contact us at:

Spott3r LLC

228 Park Ave South #66436

New York, NY 10003-1502

(888) 333-2457 / 
(646) 543-3316

service@spott3r.com