Privacy Policy

Privacy Policy

Keeping you protected as visitors of eSmart® is of the utmost importance.

This Privacy Policy discloses the privacy practices of eSmart Company, its websites, and the service provided by eSmart Company, hereinafter collectively referred to as the "Service." This Privacy Policy has been created to demonstrate our commitment to protecting user privacy and communicate our policies in regard to such. As used in this Privacy Policy, terms such as "we" or "our" refer to eSmart Company and its current and future affiliate entities.

Non-personal Information

"Non-personal Information" means information that does not permit us to specifically identify you by your full name or similar unique identifying information such as a social security number, health plan identification number, address, or telephone number. eSmart Company uses "cookie" technology and similar technology to gather non-personal information from our website visitors such as which pages are used and how often they are used, and to enable certain features on our website.

Disabling cookies and similar items on your Internet accessible device may limit your ability to take advantage of all the features of the Service. Keep in mind that cookies are not used to collect any personal information such as which web browsers are used to read our website and which websites are referring traffic or linking to our website. Aggregated and de-identified data regarding website users is also considered Non-personal Information.

"Personal Information" or "Personally Identifiable Information" means information that specifically identifies individuals, such as your full name, telephone number, e-mail address, postal address, social security number, health plan identification number, or certain account information. As used in this Privacy Policy, Personal Policy, Personal Information is not intended to mean information protected under HIPPA, which would be protected as described in the HIPPA Notices of Privacy Practices of your health plan and health care professionals.

The Service may include web pages that give you the opportunity to provide us with personal information about yourself. You do not have to provide us with personal information if you do not want to; however, that may limit your ability to use certain functions of this website or to request certain services or information, and in some cases may affect your health benefits.

We may combine Personal Information that you provide us with other Personal Information held by us, our affiliates or other trusted independent service providers (referred to herein as "Business Partners"). For example, if you have purchased a product or service from us, we may combine Personal Information you provide through this website with information regarding your receipt of the product or service.

You understand and specifically agree that we may use Personal Information to contact you through any contact information you provide or that is provided by your employer or health plan, as part of the Service or through an eSmart Company website, including any email address, telephone number, cell phone number, text message number, or fax number.

Use of Information

eSmart Company may collect information, including both Personal Information and Non-personal Information, from you, from your employer, from your health plan, from health care professionals, from eSmart Company or other third parties, in order to enable you to use the Services provided by eSmart Solutions.

This information includes, but is not limited to, your name and email address, your employer's name and contact information, certain health plan information and eligibility data, as well as certain health and health measurement data e.g., biometric screening results. We may also collect (i) information you provide on applications or other forms, or information provided as a result of medical testing, e.g., lab results, and (ii) information eSmart Company uses the information collected to support the administration of your health insurance, your health management plan, to enhance your experience on our site, to provide interactive or personalized health and wellness activities, educational content, activity tracking, health data, health plan information, and to better prepare future content based on the interests of our users. eSmart Company may perform statistical analysis of user behavior in order to measure user interest in the various areas of our site. eSmart Company offers several services on our site where we will, by necessity, need to provide some of your information to the third party offering the services to you, such as your health plan administrator, health insurance company, health coach or wellness coordinator. We supply this information only as necessary to provide these services and no individual information will be shared with any third parties without your consent. We will attempt to require that each of these outside vendors not further use or disclose your Personal Information will be shared with any third parties without your consent. We will attempt to require that each of these outside vendors not further use or disclose your Personal Information for any purpose other than providing you or us with products and services. Of course, we cannot guarantee their compliance with these restrictions and are not liable for their noncompliance. Except as otherwise stated in this Privacy Policy, any information sharing in the performance of these Services or related data informatics and analysis are done in aggregate form.

Share Information

eSmart Company may share information with Business Partners and or other third parties who provide specific services and/or administer offered to you as part of our Service, or in support of the administration of your health insurance or health management plan. We may make data records and log files available on a confidential basis to third-party auditors, to data storage firms, or to select measurement and analysis firms. These parties do not use or otherwise disclose any information except for the purpose of providing the services or administering the activities on our behalf. We may also utilize service providers to assist us in aggregating information. We may then share such aggregate information with prospective partners, clients, advertisers and others. This aggregate information does not contain any Personal Information that could identify an individual. We may also disclose specific User information when we believe that such disclosure is necessary to comply with the law or to protect the interests or safety of eSmart Company, its Business Partners, and clients. We do not sell or rent Personally Identifiable Information.

eSmart Company uses return email addresses to answer the emails we receive. From time to time, we also may send our own informational, educational, or promotional material to you at the email address you've provided. Such addresses are not used for any other purpose and are not shared with outside parties.

Business Partners

It is not our current policy to sell lists containing detailed Personal Information. We may, however, offer products and services through our Business Partners. If you take advantage of these products and services, you are authorizing us to provide that Business Partners with the relevant information needed to perform the services. If you become a customer of that Business Partner, you will be subject to that Business Partner's privacy and other policies. We therefore encourage you to review the privacy and other policies and agreements of our Business Partners before you respond to their offers or disclose your Personal Information. While we choose our Business Partners carefully and with your best interests in mind and encourage them to employ industry-standard privacy and security policies, we are not responsible for the privacy practices, products or content of such third parties.

Links to Other Sites

The eSmart Company Service and websites may contain links to other sites. Please be aware that eSmart Company is not responsible for the privacy practices of 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 and maintained by eSmart Company.

Our Commitment to Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. eSmart Company is not responsible and has no liability relating to disclosure of Personal Information under such an occurrence. Therefore, if you suspect that your password has been compromised, you should immediately discontinue use of the service and contact your HR Administrator or Employer.

HIPPA Readiness and Policy

eSmart Company monitors the implementation of the HIPPA Administrative Simplification regulations and is committed to being compliant with all applicable provisions of the law. However, neither eSmart Company, its employees, owners, members, associated websites, or subsidiaries make any claim to absolute 100% protection of your or your company's information. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to or from us, and you do so at your own risk.

Although eSmart Company has implemented a number of security and data protection systems to protect your and your company's information, your usage of these websites and associated services is done in full understanding that neither eSmart Company, nor its Business Partners, and their respective officers, directors, owners, agents, contractors, representatives, information providers, and licensors (collectively, the "eSmart Company") will be held liable for any information disclosures, damages, third party claims or the like.

eSmart Company Parties shall not be held liable to any degree or amount, for and including, but not limited to, your or your company's claims of contributions and indemnification related to third party claims arising out of the Service offered by eSmart Company, and for any losses, injury or damages (including attorney fees) to persons or properties or work performed, arising out of, or in connection with eSmart Company, or for any other claim.

Notwithstanding anything to the contrary in this Privacy Policy, eSmart Company Parties shall not be liable for any special, indirect, consequential, lost profits, loss of revenue, loss of customers, loss of data or punitive damages. The limitation of liability set forth herein is for any and all matters for which the eSmart Company Parties and eSmart Company may otherwise have liability arising out of or in connection with this Agreement, whether the claim arises in contract, tort, statue, or otherwise.

Changes to eSmart Company Privacy Policy

We will occasionally make changes in our Privacy Policy to reflect our changing business environment or to address regulatory requirements, 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 what circumstances, if any, we disclose it.

Why this Privacy Statement is Important

By choosing to continue usage of the Service, you agree to be bound by the terms of the Privacy Policy, and the terms of service provided in the eSmart Company Master Subscription & License Agreement, including limitations of damages, claims, dispute resolution, the application of the law of the State of Georgia, and exclusive jurisdiction of the State of Georgia.

How to Contact Us

This Privacy Statement is incorporated into and subject to the terms of the eSmart Company Master Subscription & License Agreement. If you have any questions or comments, please contact us by email or postal mail at:

eSmart Company, Inc.
Attn: Legal Department
5174 McGinnis Ferry Rd
Suite 364
Alpharetta, GA 30005
United States of America

Copyright 2024 eSmart Company, Inc. All rights reserved.
eSmart Company Privacy Policy October 2020