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Privacy Policy and Usage Agreement

Flexible Spending Account and Health Reimbursement Arrangement Privacy Notice

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

This notice describes how we (the health FSA plan) protect the personal health information we have about you which relates to your health FSA coverage ("Protected Health Information" or "PHI"), and how we may use and disclose this information. Protected Health Information includes individually identifiable information which relates to your past, present or future health, treatment or payment for health care services. This notice also describes your rights with respect to the Protected Health Information and how you can exercise those rights. This Notice is effective April 15, 2007.

We are required to provide this Notice to you by the Health Insurance Portability and Accountability Act ("HIPAA"). We are required by law to:

  • Maintain the privacy of your PHI;
  • Provide you this notice of our legal duties and privacy practices with respect to your Protected Health Information; and
  • Follow the terms of this notice.

The main reasons for which we may use and may disclose your Protected Health Information are to evaluate and process any requests for coverage and claims for benefits. PHI may be used:

  • For Payment: We may use and disclose Protected Health Information to determine and pay for benefits under your health FSA coverage. For example, PHI contained on claims may be reviewed to reimburse you for services rendered.
  • For Health Care Operations: We may also use and disclose Protected Health Information for our health care operations. Health care operations include:
    • medical review, legal services, bank reconciliations and auditing; and
    • business management and general administrative activities such as plan design.
  • Business Associates: We contract with individuals and entities (Business Associates) to perform various functions on our behalf or to provide certain types of services. To perform these functions or to provide the services, our Business Associates will receive, create, maintain, use, or disclose protected health information, but only after we require the Business Associates to agree in writing to contract terms designed to appropriately safeguard your information. For example, we may disclose your protected health information to an outside auditor to verify the plan is being administered correctly.
  • Other Covered Entities: We may obtain or disclose your protected health information from health care providers to determine if a procedure or supply is an eligible benefit under the Plan.
  • Plan Sponsor: We may disclose your protected health information to the plan sponsor of the health FSA plan for purposes of plan administration or pursuant to an authorization request signed by you.
  • Where Required by Law or for Public Health Activities: We disclose PHI when required by federal, state or local law. Examples of mandatory disclosures include providing PHI to a governmental agency or regulator with health care oversight or HIPAA compliance responsibilities.
  • To Avert a Serious Threat to Health or Safety: We may disclose PHI to avert a serious threat to someone's health or safety. We may also disclose PHI to federal, state or local agencies engaged in disaster relief as well as to private disaster relief or disaster assistance agencies to allow those entities to carry out their responsibilities in specific disaster situations.
  • For Health-Related Benefits or Services: We or our Business Associates may use PHI to provide you with information about benefits available to you under your current coverage and, in limited situations, about health-related products or services that may be of interest to you.
  • For Law Enforcement or Specific Government Functions: We may disclose PHI in response to a request by a law enforcement official made through a court order, subpoena, warrant, summons or similar process. We may disclose PHI about you to federal officials for intelligence, counterintelligence, and other national security activities authorized by law.
  • When Requested as Part of a Regulatory or Legal Proceeding: If you or your estate are involved in a lawsuit or a dispute, we may disclose Protected Health Information about you in response to a court or administrative order. We may also disclose PHI about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute but only if efforts have been made to tell you about the request or to obtain an order protecting the PHI requested. We may disclose PHI to any governmental agency or regulator with whom you have filed a complaint or as part of a regulatory agency examination.
  • To Government Programs Providing Public Benefits: We may disclose your PHI relating to eligibility for or enrollment in the health FSA plan to another agency administering a government program providing public benefits, or to the military , if the sharing of this information among such agencies is required or expressly authorized by law.
  • Other Uses and Disclosures of Your Protected Health Information: Other uses and discloses of your Protected Health Information not covered by this Notice or the laws that apply to us will be made only with your written authorization. If you have given us your authorization, you may revoke that authorization, in writing, at any time. If you revoke your authorization, we will no longer use or disclose the PHI for the reasons covered by your written authorization, except to the extent that we have taken action in reliance on your authorization. Please note that we are unable to take back any disclosures we have already made with your written authorization.
  • To a Personal Representative. PHI may be disclosed to a personal representative named by you or designated by law (such as an executor after your death).

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Your Rights Regarding Protected Health Information

  • Right to Inspect and Copy Your Protected Health Information: In most cases, you have the right to inspect and obtain a copy of the Protected Health Information we or a Business Associate maintains about you. To inspect and copy PHI, you must submit your request in writing to the Privacy Officer listed below. To receive a copy of your PHI, you may be charged a fee for the costs of copying, mailing or other supplies associated with your request. However, certain types of Protected Health Information will not be made available for inspection and copying. This includes psychotherapy notes, and PHI collected by us in connection with, or in reasonable anticipation of any claim or legal proceeding. In very limited circumstances (such as if the PHI was created or obtained for research, or the PHI was confidentially obtained from a source other than a health care provider and if you had access to the information you could determine the source's identify), we may deny your request to inspect and obtain a copy of your PHI. If access is denied, you may request a review within 60 days after the denial. The review will be conducted by a person chosen by us who was not involved in the original decision to deny your request.
  • Right to Amend Your Protected Health Information: If you believe that your PHI is incorrect or that an important part of it is missing, you have the right to ask us to amend it while it is kept by or for us. You must provide your request and your reason for the request in writing, and submit it to the Privacy Officer shown below. We may deny your request if it is not in writing or does not include a reason that supports the request. In addition, we may deny your request if you ask us to amend Protected Health Information that:
    • is accurate and complete;
    • was not created by us, unless the person or entity that created the PHI is no longer available to make the amendment;
    • is not part of the PHI kept by us or for us by a Business Associate; or
    • is not part of the PHI which you would be permitted to inspect and copy
  • Right to a list of Disclosures: You have the right to request a list of the disclosures we have made of PHI about you. This list will not include disclosures made for payment or health care operations, for purposes of national security, made to law enforcement or to corrections personnel, made according to your authorization or made directly to you. To request this list, you must submit your request in writing to the Privacy Officer shown below. Your request must state the time period from which you want to receive a list of disclosures. The time period may not be longer than six years and may not include dates before April 15, 2007. Your request should indicate in what form you want the list (for example, on paper or electronically). The first list you request within a 12-month period will be free. We may charge you for any additional requests.
  • Right to Request Restrictions: You have the right to request a restriction or limitation on Protected Health Information we use or disclose about you for payment or health care operations, or that we disclose to someone who may be involved in your care or payment for your care, like a family member or friend. For example, you may ask us not to disclose PHI relating to a medical procedure you have had. While we will consider your request, we are not required to agree to it. To request a restriction, you must make your request in writing to the Privacy Officer. In your request, you must tell us (1) what information you want to limit; (2) whether you want to limit our use, disclosure or both; and (3) to whom you want the limits to apply (for example, disclosures to your spouse or parent).
  • Right to Request Confidential Communications: You have the right to request that we communicate with you about PHI in a certain way or at a certain location if you tell us that communication in another manner may endanger you. For example, you can ask that we only contact you at work or by mail. To request confidential communications you must make your request in writing to the Privacy Officer and specify how or where you wish to be contacted. We will accommodate all reasonable requests.
  • Right to File a Complaint: If you believe your privacy rights have been violated, you may file a complaint with us or with the Secretary of the Department of Health and Human Services.

To file a complaint with us, contact the Privacy Contact Person to obtain a complaint form.

To file a complaint with Health and Human Services, contact:

US Department of Health and Human Services
200 Independence Avenue S. W.
Washington, DC 20201

All complaints must be submitted in writing. You will not be penalized for filing a complaint with us or the government.

Additional Information

  • Changes to This Notice: We reserve the right to change the terms of this notice and our privacy practices at any time. The revised or changed notice may be effective for Protected Health Information we already have about you as well as any PHI we receive in the future. The effective date of this notice and any revised or changed notice may be found on the last page, on the bottom left hand corner of the notice. You will receive a copy of any revised notice either electronically or on paper.
  • Electronic Notice: If you received this Notice electronically, you may also request a paper copy from the Privacy Contact Person. The paper copy will be provided at no charge.

You may request a copy of this Notice at any time. It is also posted on our website (www.SHDR.com).

Our Privacy Contact Person is:

Karen Bender
Flexible Benefit Services
Stanley, Hunt, DuPree & Rhine, Inc.
3 Independence Pointe, Suite 102
Greenville, South Carolina 29615
1-800-768-4873

While all requests should be made to the Privacy Contact Person, responses to certain requests may be handled by a Business Associate if the Business Associate is in a better position to address the issue.

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Consumer Privacy Notice for Your Benefit Access Visa

The BB&T Corporate Family includes many types of financial services providers, such as banks, consumer finance companies, securities broker-dealers, insurance agencies, and mortgage companies. Over our long history as a financial services provider, we have placed the highest value on the information you share with us, and we are committed to protecting your privacy. This commitment forms the cornerstone of trust and confidence on which we hope to build long-lasting relationships with the clients we serve. Our Consumer Privacy Notice (Notice) tells you the kind of information we collect about you, with whom we share it, and how we protect it responsibly. Our Notice reaffirms our commitment to safeguarding your information.

This Notice applies to Benefit Access Visa® Debit Cardholders, a product of Branch Banking and Trust Company.

You may receive a different privacy notice if you have other relationships with companies in the BB&T Corporate Family. The examples that you will find throughout this Notice are for purposes of illustration only and should not be considered a complete description of our information practices. In addition, we may not collect or disclose all of the categories of information described in this Notice in every transaction. When you are no longer our customer, we may continue to share your information as described in this Notice.

Categories of Information We May Collect

We may collect the following categories of information about you:

  • Information we receive from you, from your Program Administrator and oral, written, or electronic communications from you, such as your name, address, and Social Security number;
  • Information about your transactions with us, or other companies in the BB&T Corporate Family, or others, such as the amount of any transaction, or amounts remaining available for your use on the card;
  • Information we receive from third parties, including persons providing services in connection with your transactions; and
  • Information collected from our Internet web sites, such as information you provide to us and information necessary to manage your online session with us.

Disclosure of Information to Third Parties

We disclose information for our everyday business purposes such as – to process your transactions, maintain your account, and respond to court orders and legal investigations. We do not disclose information about you to companies outside of the BB&T Corporate Family except as required or permitted by law. We do not share information with nonaffiliated third parties for marketing purposes.

Information We May Share Within the BB&T Corporate Family

For our everyday business purposes, and to the extent permitted by law, we may share information about our experiences and transactions with you and identification information with companies in the BB&T Corporate Family. We do not share information with other companies in the BB&T Corporate Family (affiliates) for marketing purposes.

Our Security Procedures

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

Our employees are bound by our Code of Ethics and policies to access consumer information only for legitimate business purposes and to keep information about you confidential.

Other Privacy Protections

You may have other privacy protections under some state laws. We will comply with applicable state laws as to information about you, including medical information.

Questions?

If you have questions, please contact our customer service center at 1-800-930-2441.

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Website Usage Agreement

All information on this server is protected by a compilation copyright in the United States of America and in other countries. In addition, certain information is copyrighted by others. Unless otherwise specified, no one has permission to copy or republish, in any form, any information found on the SHDR website.

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Professional Services

The information contained in this website is intended to provide general information on matters of interest in the area of employee benefit plans and is provided with the understanding that our company is not engaged in rendering legal or tax advice. Legal or tax questions should always be referred to a qualified tax advisor such as an attorney or CPA. Insurance products are offered through BB&T Insurance Services, Inc.

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Permitted Use

Any person is hereby authorized to view the information available from this web server for informational purposes only. No part of the information on this server can be redistributed, copied, or reproduced without prior written consent of SHDR.

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Disclaimer of Warranties

THE INFORMATION CONTAINED HEREIN OR ACCESSED THROUGH THIS WEB SERVER IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

References to corporations, their services and products, are provided "as is" without warranty of any kind, either expressed or implied. In no event shall SHDR be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data, or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information.

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Statements Relating to Corporate Names and Marks of Third Parties

All references on the SHDR web server to the corporate names, trade names, trademarks, and service marks of third parties are intended to accurately identify such parties as the sources of specific products and services. In many instances, the referenced names and marks are the subject of federal, state, and international registrations. SHDR makes no claim of any interest or license under any such names and marks of other parties identified in this web server, and SHDR acknowledges the proprietary rights of such other parties to their identified names and marks. The use by SHDR of such names and marks is only for purposes of proper identification, and there is no intention on the part of SHDR to improperly use or dilute the proprietary rights of the owners and authorized users of such names and marks.

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Products and Services of Third Parties and Hyperlinks to other Websites

Certain products and services made available to you on the SHDR website may be provided to you directly by third parties. SHDR has attempted to include third party attribution notices where it may not otherwise be apparent to users that the product or service is provided by a third party. Your use of such products and services may be subject to the terms and conditions, and privacy policies of the third parties providing the product or service. We encourage you to review the terms and conditions and privacy policies of such third parties as they may differ from those of SHDR. Descriptions of, or references to any third party products, services, publications, or any hyperlinks to other websites within the SHDR web server does not imply endorsement of that product, service, publication or company, and does not necessarily represent the views or opinions of SHDR. SHDR makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information. SHDR specifically disclaims all warranties, express, implied or otherwise, including without limitation, all warranties of merchantability and fitness for a particular purpose.

This publication could include technical inaccuracies or typographical errors. Changes may be periodically made to the information herein.

1. Acceptance of Terms of Use. Thank you for visiting this website (the "Site"). We (Stanley, Hunt, DuPree & Rhine, Inc.) are offering access to and use of the Site subject to your acceptance of these Terms of Use. Please read these Terms of Use carefully before using the Site. By using this Site, you are accepting these Terms of Use.

2. Description of the Site. The Site allows you to access and use the Company's flexible benefit plans and related information to the extent and in the manner offered by through the Site.

3. Access. In order to use the Site, you need the equipment necessary to connect to the World Wide Web ("WWW"), and the connection necessary to access the WWW. You are responsible for any fees associated with such connection or access (such as those charged by an Internet Service Provider (ISP) or telephone company). You agree to: (a) provide accurate and complete information when prompted to do so, and (b) maintain and update such information so it remains accurate and complete.

4. Privacy. Your privacy is important to us. By accessing and using the Site, you choose to provide us with certain personal information. The personal information you provide and the personalized data you create and save through the Site may be used to provide our account management services to you and to inform you of the status of your account or claims for reimbursement. Such information and data will also be used to administer our intended services in a manner consistent with applicable laws, rules, regulations, or other legal obligations. We do not sell or market your personal information or personalized data to unaffiliated organizations. If you provide us with your email address, or have done so in the past, we may upon occasion send you email. Email sent to us through the Site will be maintained in a manner consistent with our legal and regulatory requirements regarding client and public communications.

5. Password. You are responsible for keeping your user name and password confidential. We recommend you memorize this information, and you should not share it with friends, family members nor post it in a public place or transmit it via unsecure means. You are responsible for all activity occurring through use of your account and/or password. You agree to immediately notify Stanley, Hunt, DuPree & Rhine, Inc. of any actual or suspected unauthorized use of your account or password. Stanley, Hunt, DuPree & Rhine, Inc. will not be responsible for any loss whatsoever arising from the misappropriation of your password by a third party.

6. Intellectual Property and Rights to Access Site.

6.1 Ownership. The Site's database, technology and format is owned or licensed by Stanley, Hunt, DuPree & Rhine, Inc. The Site's technology and format is protected by applicable domestic and international patent, copyright and other intellectual property and proprietary rights and laws, and is offered to you, as it exists on the Site, for limited use pursuant to this Usage Agreement. You may not copy, distribute, publish, perform, modify download, transmit, transfer, sell, or license, create derivative works from or based on, publicly display, frame, link, or in any other way exploit any of the Site, in whole or in part, other than any of your own personal information that is found through the use of the Site, without the prior written permission of Stanley, Hunt, DuPree & Rhine, Inc. or the respective copyright holder.

6.2 Trademark Notices. All trademarks, service marks, trade names and logos contained in the Site are the property of their respective owners.

7. Changes to Site. This Site, in whole or in part, may be modified, suspended or discontinued at any time, with or without notice.

8. Modifications to Usage Agreement; Additional Terms. The Usage Agreement may be revised at any time. Any modifications shall be effective upon the earlier of the posting of the modified Usage Agreement on the Site, or direct email notification of the changes to you. You agree to review this Usage Agreement periodically so that you are aware of any modifications. Your continued use of the Site shall be deemed your acceptance of the modified Usage Agreement. You agree that the above-listed standards for notice of changes are reasonable.

9. Failure to Comply with Usage Agreement. You acknowledge and agree that your access and use of the Site may be suspended or terminated in whole or in part, and without prior notice, if you engage in any conduct that: (a) violates any term or provision of this Usage Agreement, (b) violates the rights of Stanley, Hunt, DuPree & Rhine, Inc. or third parties, (c) or is otherwise inappropriate for continued access and use of the Site. In addition, Stanley, Hunt, DuPree & Rhine, Inc. and/or its agents reserve the right to terminate and may bar your access to your account through the Site if and when you are no longer a Company employee.

10. Security. Although reasonable security measures may be used with respect to the Site, as with any online or electronic communication or interaction, there is an inherent risk involved in transmitting any information via the Internet. No guarantee or warranty is made that the Site or its related system is free from hackers or viruses or that information provided by you will not be stolen or otherwise surreptitiously obtained. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security.

11. Disclaimer. THIS SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND OTHER MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO ALL SUCH MATERIALS ARE DISCLAIMED. NO WARRANTY IS MADE THAT THIS SITE OR ITS CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO WARRANTY IS MADE CONCERNING THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, OR THE QUALITY OF ANY SERVICES AVAILABLE THROUGH THE SITE. NO REPRESENTATION OR WARRANTY IS MADE THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN STATES WHICH RESTRICT OR DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.

12. Limitation of Liability. YOU UNDERSTAND THAT IN NO EVENT WILL STANLEY, HUNT, DUPREE & RHINE, INC. OR ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR P+W SOFTWARE, INC. BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (A) YOUR USE OR INABILITY TO USE THE SITE, OR (B) YOUR RELIANCE ON ANY SERVICES OR CONTENT PROVIDED BY THE SITE; EVEN IF ANY OF SUCH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO, IN NO EVENT WILL ANY OF THE ABOVE IDENTIFIED PARTIES IN THIS SECTION BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN $500 (USD).
IN STATES WHICH RESTRICT OR DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.

13. Notice. Notices by Stanley, Hunt, DuPree & Rhine, Inc. or its agents to you may be given by means of a general posting at the Site or to your Company email address. Notices (including questions, complaints, or legal notices) by you may be given by email messages or conventional mail, as follows:

(a) Electronic mail (email) must be sent to Webmaster.
(b) Mail and courier deliveries must be sent to:
     Three Independence Pointe
     Suite 102
     Greenville, SC 29615

14. Miscellaneous. This Usage Agreement (and any addenda or statements expressly incorporated into this Usage Agreement that you enter into) constitute the entire agreement with respect to your use of and access to the Site, and this Usage Agreement replace all prior or contemporaneous understandings or agreements, written or oral, regarding your use of and access to the Site. If any provision of this Usage Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of this Usage Agreement shall remain in full force and effect.

NOTE: Online account management for health savings accounts is provided by BB&T. For a detailed description of the terms of use governing BB&T OnLine Banking, see BB&T Online Banking Agreement And Initial Disclosures.

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