The Services seek to assist employers and brokers in managing and administering human resources and group health insurance plans provided to the employer’s employees. Accordingly, users of the Services include employers, the employer’s employees, and the employer’s support providers. Users of the Services can log into the Services through the Site.
1. Information We Collect
When you visit the Site, or when you utilize the Services, BHWS may collect certain information, such as website usage, traffic patterns, Site and/or Services performance, and related statistics using the tracking technologies described below. In doing so, BHWS may utilize the services of certain third-party service providers. The information collected can be used to provide you a more personalized web experience in terms of the services featured, content offered, or images displayed.
In order for us to provide the Services, the Services allow employers, employees, and various employer support providers to enter and save certain personal information on our servers. The type of information requested, and provided and saved, is dependent on (a) which features of the Services are utilized, and (b) the type of users. For example, the information requested from, and provided by, an employer is different from the information requested from, and provided by, an employee.
To facilitate our ability to provide the Services, the Services allow users to provide and save some or all of the following personal information (“Personal Information”):
Personal Information we collect will be used in order to provide the Services, and not sold to third parties. The Personal Information about employees may be disclosed to employers, and third party employer support providers (for example, brokers, reinsurers, health insurance providers, payroll processors, etc.), only as directed by the employer or other third party employer support provider.
2. How We Protect Information
BHWS has security measures in place that seek to mitigate risk, and uses reasonable, appropriate, and customary procedures and technologies to help protect the confidentiality of any Personal Information collected through the Site or Services. We periodically review and modify our security policies and procedures, as appropriate.
Please note that despite our precautions, no website or Services can be absolutely protected against intentional or malicious intrusion attempts. Furthermore, BHWS does not control the devices, computers, or network over which users may choose to send Personal Information, and therefore cannot prevent potential interceptions or compromises to user information while in transit to BHWS. BHWS makes no guarantee as to the security, integrity, or confidentiality of any information transmitted to or from the Site or as part of the Services. BHWS is committed to safeguarding your information to the best of its ability, but cannot guarantee the security of electronic communications or transmissions made over the Internet.
3. Site Not Intended for Children Under 13 Years of Age
BHWS’s Site does not intentionally collect personal information from or market to children under 13 years of age. If anyone suspects that we have personal information from our Site about a child under 13, please notify us immediately so that we may remove this information from our Site. It should be noted that users of the Services may elect to provide and save certain information about minors under the age of 13, for example, information necessary for administering health insurance coverage related to an employee’s dependents under the age of 13.
4. Copyright and Trademark Information
“BH Web Services,” “BerniePortal,” and associated logos, content, and design on the Site and as part of the Services are protected by U.S. copyright and trademark laws. Users and visitors to the Site may not copy, reproduce, republish, upload, post, display, transmit, or frame any of these materials without prior written consent of the copyright or trademark owners. The right to these materials shall not pass to users or visitors to the Site.
5. Disclaimer of Warranties
EXCEPT AS MAY BE EXPRESSLY WARRANTED IN A SEPARATE AGREEMENT YOU HAVE WITH US, THE SITE, SERVICES, AND ANY OTHER MATERIALS, SOFTWARE AND/OR INFORMATION PROVIDED BY US ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND NEITHER WE NOR OUR LICENSORS MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE AND OUR LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
6. Limitation of Liability
IF WE HAVE A SEPARATE AGREEMENT WITH YOU RELATED TO THE SERVICES, OUR LIABILITY SHALL BE LIMITED AS SET FORTH IN THAT SEPARATE AGREEMENT. IF WE DO NOT HAVE A SEPARATE AGREEMENT WITH YOU, IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE, SERVICES, AND ANY OTHER MATERIALS, SOFTWARE, AND/OR INFORAMTION PROVIDED BY US, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.