IMPORTANT NOTE

THE PRIVACY NOTICE BELOW APPLIES TO YOU ONLY IF:
YOU ARE A USER OF RETHINK BENEFITS SERVICES IN YOUR CAPACITY AS A PATIENT OR EMPLOYEE OF A HEALTH PLAN OR HEALTH PROVIDER, AND
YOU ACCESS THE RETHINK BENEFITS SERVICES DIRECTLY FROM RETHINK (NOT THROUGH A RETHINK BENEFITS CHANNEL PARTNER).
IN ALL OTHER SITUATIONS, YOU SHOULD CONSULT OUR GENERAL PRIVACY NOTICE.
IF YOU ARE UNCERTAIN WHETHER YOU ACCESS OUR SERVICES THROUGH A CHANNEL PARTNER, PLEASE CONSULT YOUR ORGANIZATION.

PRIVACY NOTICE (HEALTH PLANS/PROVIDERS, DIRECT ACCESS FROM RETHINK)

1. Introduction

This Privacy Notice (“Notice”) describes how the Rethink Benefits and Whil division of Rethink Autism, Inc. (“Rethink”, “Rethink Benefits”, “we”, “us”, “our”) collects, uses, discloses, secures, and eventually disposes of (collectively “processes”) your personal information when you are a patient or employee of a health plan or health provider (henceforth “plan”). Personal information is any information that does, or could, identify you

This Notice applies to personal information collected on the subscription-only sections of our websites (rethinkbenefits.com and whil.com), mobile apps (Rethink Benefits and Whil: Mindfulness & Meditation), their associated technologies and communications media, and in the course of any offline contact with you (collectively the “services”).

Our services may contain links to external websites. This Notice does not cover those sites.

In this Notice, “you” refers to anyone about whom we process personal information. You will usually be a patient or employee of a plan that is a Rethink Benefits customer; a parent of a child in whose interests the services are used; or a member of a “support team” (for example, a family member or teacher) who is invited to participate in the services. For parents and legal guardians, “your personal information” includes your child’s personal information. In this Notice, “primary user account holder” means the plan patient or employee who enrolls for the services.

Rethink Benefits provides online tools, content, and related services for health plans/providers in three distinct environments: (1) “Rethink Benefits At Home” supports families of individuals with learning, social, or behavioral challenges; (2) “Rethink Benefits At Work” helps employers increase neurodiversity inclusion in the workforce, and (3) Whil assists patients and employees to increase their mental wellbeing and work performance.

Rethink Benefits is a “processor” (also called a “service provider”) for personal information that is processed in our services for health plans. The plans are the “controllers” of your information. As a processor, we handle your information only on the plan’s behalf and according to its instructions. This Notice describes how we process your information on behalf of the controller. Note that this Notice does not cover your plan’s processing of your information outside our services.

Rethink Benefits and Whil are part of the Rethink group of businesses. This Privacy Notice applies only to the Rethink Benefits and Whil division.

2. Changes to this Notice

We will update this Notice from time to time and will communicate material changes to you through an appropriate channel (for example, via a notice in our services). The Notice was last updated on June 23rd, 2021.

3. Personal information we collect

3.1 Categories collected

We collect the following categories of personal information:

  • Identifiers such as your name, e-mail address, username, and IP address.
  • Additional personal information defined by certain applicable US state laws: address, telephone number.
  • Protected classification characteristics and EU “special categories of personal data”, such as gender and health information.
  • Commercial information, such as your purchases from us.
  • Internet activity/usage on our websites and applications.
  • Employment-related information, such as your job role or title.

3.2 Categories of sources

We collect the categories of personal information listed above from the following categories of sources:

  • Directly from you, for example when you complete an online form or provide information about your child during a Rethink consultation video call.
  • From other users of the services, for example if an invited caregiver mentions your child’s progress in acquiring a skill during a consultation.
  • We may receive information about you from your plan, for example your work e-mail address or plan member ID so that we can give you access to the service.
  • From observing your activity on our services, for example via cookies, other standard online technologies, and our routine monitoring and recording of your service usage.

3.3 Items of personal information collected

When we collect personal information directly from you, you will know the details of that information.

For Rethink Benefits At Home, it may include:

  • Login credentials (username and password).
  • Name, job role, e-mail address, telephone number; country, state, and city of location.
  • Your schedule of appointments with Rethink behavioral consultants.
  • Information you choose to provide if you create a profile, for example a child’s profile may include name, date of birth, school grade, photo, and developmental disabilities and concerns. Providing such information is completely optional and is not essential for you to use the services.
  • Information you choose to provide to Rethink behavioral consultants in the course of a written, phone, or video consultation.
  • Any details about yourself that you reveal as you use free-form features of the services, for example you might mention your favorite activity with your child during a consultation video call with a Rethink behavioral consultant or include your family in a photograph you upload to the My Files area of the services.
  • Assessments you complete in the services, for example a parent stress assessment.

For Rethink Benefits At Work, it may include:

  • Login credentials (username and password).
  • Name, job role, e-mail address, telephone number; country, state, and city of location.
  • Your scheduled of consultations with Rethink neurodiversity consultants.
  • Any details about yourself that you might reveal during a neurodiversity consultation with a Rethink consultant, for example you could refer to your strengths and challenges as an employee or manager.
  • Information from training modules you take, for example your quiz score after taking a neurodiversity inclusion training module.

For Whil, it may include:

  • Login credentials (e-mail and password).
  • Name and country of residence.
  • The sessions and courses that you “like”.
  • Ratings and feedback that you give us about the service.

We collect personal information from other users of the services only in Rethink Benefits At Home. For example, a support team member may, during a consultation with a Rethink consultant, volunteer information about how you interact with your child. Unless otherwise instructed by your plan, which support team members (for example, a spouse or therapist) are invited to access the services is under the control of the primary user account holder. The primary user account holder and/or the plan (as applicable) also determine their level of access to the services (for example, whether or not they can view consultation session notes).

When we receive information about you from your plan, it may include:

  • Your name, e-mail address, DOB, or plan member ID.
  • Other information items selected by your employer to assist segmentation of service usage reports, for example your work location and department.

We collect personal information from observing your activity on our services:

  • We track how you use our subscription-only content, for example how much time you spend interacting with it and which sessions and courses you complete.
  • We routinely monitor and record your usage of our subscription-only services for the purpose of providing service security and effective user support.
  • We use cookies and other standard online technologies in our public and subscription-only services. Cookies allow us to recognize your device. We use them to collect information about your device and how you use our services, for example which pages you visit and how long you stay on them. Cookies also facilitate, for example, logging into and navigating our services.

4. How we use your personal information

We use your personal information in our services for health plans solely on your plan’s behalf and according to its instructions. Remember that your plan is the “controller” of the personal information processed in our services. This Privacy Notice does not cover how the plan uses your information, which will be determined by its own legal obligations and policies. When your plan is a Covered Entity under the US Health Insurance Portability and Accountability Act (HIPAA), our relationship with it is that of Business Associate.

Rethink Benefits will never sell your personal information. Rethink Benefits may use your personal information for the following purposes:

  • To provide our services, for example to manage log-ins and maintain the security and confidentiality of data contained in the services; to schedule and hold consultations with our consultants; to communicate essential service information to you; to recommend content to you based on your child’s needs as reported by you; to provide customer support; and to monitor compliance with our Terms of Use.
  • To help us improve our services and user experience, for example by identifying which parts of our services you find useful or difficult to use. For this purpose, we use anonymized and aggregated information that does not identify you and from which you cannot reasonably be re-identified.

5. Disclosure of your personal information

Who we disclose your personal information to depends on the specific items of information and the purposes we use them for. Your personal information may be disclosed to the following categories of recipients:

  • Your plan: When instructed by your plan, we will provide it (or parties designated by it) with access to any personal information contained in the services.
  • Employees and contractors of Rethink: These personnel have roles that require access to your information (a “need to know”). They are bound by employment terms that cover their obligation to keep personal information confidential and secure and have been trained in US law governing confidentiality of personal health information.
  • Service providers (“processors”): We use service providers to perform certain tasks for us, for example hosting our services on a Cloud computing platform or providing secure video calling functionality. Service providers process your data on our behalf and according to our instructions. They are contractually bound to protect your data and are prohibited from using it for their own purposes.
  • Other third parties: We may disclose de-identified information to third parties, for example business partners or research organizations. “De-identified” information is stripped of attributes that tie it to a particular individual and which cannot reasonably be reconnected to that individual.
  • Disclosure information applicable only to specific services:
    • Rethink Benefits At Home: Personal information collected in our Rethink Benefits at Home environment may be disclosed to other authorized users of the services. Authorized users and their level of access to the services are determined by the primary user account holder, and where so instructed, by the plan.
    • Rethink Benefits At WorkNote that Rethink Benefits at Work is not designed for the disclosure to Rethink consultants of identifying information about individuals who are the subject of a consultation, and primary user account holders are actively discouraged from making such disclosures.

We have in the preceding 12 months disclosed the following categories of personal information to “service providers” (defined above):

  • Identifiers such as your name, email address, username, and IP address.
  • Additional personal information defined by certain applicable US state laws: address, telephone number.
  • Internet activity/usage on our websites and applications.
  • Protected classification characteristics and EU “special categories of personal data”, such as gender and health information.

We will also disclose your personal information in the following exceptional circumstances:

  • Corporate event: Your data may be transferred to third parties as a result of a merger, acquisition, or similar corporate event involving Rethink.
  • Legal necessity: We will disclose your information to government agencies, law enforcement, courts, and other authorities and parties if required to by applicable law. Note that information you provide to Rethink, including to our behavioral consultants in the course of a training session, may not be protected by physician-patient privilege.
  • Individual’s vital interests: If we reasonably believe based on information posted on or provided in relation to our services that the safety or vital interests of an individual are at risk, we will disclose personal information to relevant parties as necessary to assist the individual.
  • Protection of Rethink’s interests: Where permitted by applicable law, we may disclose personal information to our professional advisors and other qualified parties when we reasonably believe it to be necessary to protect our essential business interests.

6. Information security

We employ technical, physical, and administrative security measures appropriate to the categories of personal information processed in our services. These measures include, for example: encryption at rest and in transit, roles-based access, firewalls, and anti-virus software. For more details of our practices, please consult our Information Security Standards statement.

We protect information about individual’s diagnoses, treatments, and outcomes with particular care. Rethink is HITRUST CSF certified. HITRUST CSF is a security and privacy framework that covers, among others, HIPAA and National Institute for Standards and Technology (NIST) standards.

No matter how carefully we safeguard your information, it is unfortunately not possible to guarantee that it will never be accidentally or illegally breached.

7. Data retention

We receive your personal information as a processor and will retain it for the duration of the processing contract and then, according to the controller’s instructions, return it to them, delete it, or transfer it to another service provider.

8. International transfer

Rethink is based in the United States. Your personal information is stored on our systems in the US and is not transferred onward to other jurisdictions. If you live in the European Union, European Economic Area, or UK, note that the European Commission has not issued an unlimited adequacy decision for the US. Privacy safeguards for EU/EEA-US data transfers are the responsibility of the data controller. Rethink Benefits collaborates with our EU/EEA customers to put in place GDPR-recognized safeguards for international transfer.

9. Your rights

US and international laws give you various rights over your personal information and that of your child. These may include the right to:

  • Access personal information held about you
  • Correct inaccurate or out-of-date personal information
  • Request deletion of your personal information
  • Restrict processing of your personal information
  • Data portability: Receive your personal information in a readily useable format

In most cases, you will be able to access, correct, or delete your information yourself through your account. In other cases, you should contact your plan (the controller) with any request to exercise privacy rights. If necessary, however, please contact Rethink Benefits using the contact information in Section 10 of this Notice. We will endeavor to facilitate your request.

If you believe that we have infringed your privacy rights, please contact us so that we can try to resolve the issue. However, if you are an EU/EEA/UK resident, you have the right to lodge a complaint with your EU/ EEA local supervisory authority or, in the UK, with the ICO.

10. Contact us

Data Protection Officer: privacy@rethinkfirst.com or +1 646 257 2919 ext. 800

Rethink Benefits
49 West 27th Street, 8th Floor
New York, NY 10001
USA

EU Representative:

MyEDPO Ltd,
Unit 3d North Point House,
North Point Business Park,
New Mallow Road,
Cork, Ireland
info@myedpo.com or +44 203 870 3376.