Last updated: 3/06/2020
As used in this Agreement, “Highmark Health” [also “Company” or “we” (or “Provider” in the Data Protection Addendum)] means Highmark Health. The worldwide corporate headquarters and principal office of the Company shall be Pittsburgh, Pennsylvania, address: 120 Fifth Ave, Pittsburgh, PA 15222, United States of America.
The following terms shall have the meanings specified below:
“Services” means the services and products supplied by the Company to the Participant under the Agreement specified below.
“Participant”, “you” (or “Client” in Addendums to the Agreement) means any user, person or entity who engages and uses Services supplied by the Company under the Agreement.
“Visitor” means any person who is visiting/browsing any website where Highmark Health Public Chatbot is installed.
“Agent” means any person who is employed by the Participant to operate Services for or on behalf of the Participant.
“End-user” means any person who uses Services in purpose to communicate with the Participant.
“Personal Data/Personal Information” means personal data within the meaning of the Regulation (EU) 2016⁄679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (The General Data Protection Regulation – GDPR), processed by Highmark Health (or a Sub-processor) on behalf of the Participant pursuant to or in connection with the Agreement.
“Confidential Information” means all information, whether written or oral, provided by the disclosing party to the receiving party and which (i) is known by the receiving party to be confidential; (ii) is marked as or stated to be confidential.
“Third Party Service Provider” means any third party that collects, process and/or uses Personal Information under the instruction of Highmark Health including any consultant, representative, advisor, or independent contractor (including Sub-processors) who renders services to the Company, a subsidiary, or an affiliate.
“Sub-processor” means entities which software, goods or services are used by the Company in order to run a business, in particular, to provide Services.
All terms derived from General Data Protection Regulation as “Commission”, “Controller”, “Data Subject”, “Member State”, “Personal Data”, “Personal Data Breach”, “Processing”, “Processor” should be understood in line with their regular meaning coming from the regulation.
On principles set out in these Terms and Conditions Highmark Health renders the following Services: Consumer ChatBot and Knowledge Base via the following Internet websites highmark.com, discoverhighmark.com, highmakrbcbs.com, highmarkwv.com, highmarkde.com, highmarkblueshield.com.
Accepting these Terms and Conditions is a condition of using the Services provided by Highmark Health.
All Participants are obliged to observe these Terms and Conditions.
By indicating the Participant’s acceptance towards this Agreement, accessing or using the Service, the Participant agrees to be bound by all terms, conditions and notices contained or referenced in this Agreement.
Please keep in mind that Highmark Health may modify the provisions of these Terms and Conditions and only those currently visible on our website are up to date and valid at the time. However, modifications shall not adversely affect the main provisions of the Agreement such as terms of payment or termination of Services. Such changes shall take place by resetting the consent requirement for the Participant so that Participant can reconsider the terms prior to engaging the channel.
Further use of Services after any follow-on consent by Participant, shall constitute the consent to accept these modifications. Refusal to accept these modifications shall preclude the Participant from using the Services.
The software used by the Participant in accordance with its application and purpose defined in these Terms and Conditions, available on the following websites highmark.com, discoverhighmark.com, highmakrbcbs.com, highmarkwv.com, highmarkde.com, highmarkblueshield.com and provided by Highmark Health shall be deemed as Services.
The usage of any new Services available on the aforementioned website, after the Participant has accepted the Terms and Conditions shall be subject to its provisions.
Highmark Health is exclusively entitled to decide on functionality, the use, subject matter and the range of particular Services as well as to cease rendering the Services.
The Company is exclusively authorized to decide on the contents and the nature of the software as well as to freely add, change or remove particular elements.
Highmark Health Services are exclusively designated for business use and must be used only in accordance with their purpose, application and the Agreement.
Highmark Health Services may be used only in line with its original purpose and aim. Detailed guidelines concerning the proper use of the Services are enlisted in the Acceptable Use Policy section below.
Highmark Health Services can be accessed solely by logging in to the Service on a particular website.
Participants will not be assigned a unique identifier. Any record of the interaction will be stored in a conversation ID. By providing input to the Service, the Participant authorizes the conversation ID to retain that content until the content is purged in accordance with predefined SLAs.
The Participant must be at least 18 years of age to be able to register and to access his or her account. Highmark Health does not knowingly provide Services to any person under the age of 13.
The Participant undertakes to use the Services in accordance with their use, purpose and in a manner consistent with both these Terms and Conditions and provisions of currently effective law.
The Participant bears full responsibility for all contents, phrases, and entries added to the network in connection with the use of offered Services.
The Participant understands and has become familiar with the technical requirements necessary to use the Services and has no objections in respect thereof. The Participant is aware of risk and threats connected with electronic data transmission.
Highmark Health reserves the right to access Participant transcripts for the technical and administrative purposes and for security reasons. The information obtained in such a manner shall not be processed or made available to any third parties unless required by the Participant or the provisions of law.
The Participants of Highmark Health Service declares that they will not use the Service in a way that may constitute a violation of laws.
Violation of these Terms and Conditions, applicable laws or generally accepted norms and rules shall lead to the termination of this Agreement.
This Acceptable Use Policy applies to Highmark Health Services accessible through highmark.com, discoverhighmark.com, highmakrbcbs.com, highmarkwv.com, highmarkde.com, highmarkblueshield.com, mobile versions and successors URLs related to the domain or subdomain.
To ensure proper and fluent functioning of Services we hereby declare that Highmark Health’s Participants shall not misuse the Services. Consequently, Participants agree not to:
hinder functioning of Services, especially in the form of reverse engineering or hacking the Services, attempting to gain unauthorized access to the Services (or any portion thereof) or related systems, networks or data,
use the Services in a way contradictory to these Terms and Conditions and causing a real danger for the Highmark Health, for example use the Services to generate or send unsolicited communications or communication judged to be a spam, or otherwise cause Highmark Health to become impaired in its ability to provide the Service (including but not limited to send communications on its own or on its Participants’),
misrepresent or mask the origin of any data, content or other information you submit for example by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else or access the Services via another Participant’s account without their permission,
use the Services in a way which violates the rights of other individuals or laws,
promote or advertise products or services different from the one belonging to the Participant without legal basis,
allow or encourage anyone else to commit any of the actions listed above.
As a condition of using the Services, the Participant shall (a) as required by applicable law, provide notice to its Participants (End-users) and Agents as well as obtain consent (if required) for processing and transferring Agents and End-users Personal Data to the Company and its Third Party Service Providers; (b) be responsible for its employees, representatives, End-users, and Agents that have access and use the Services; © comply with any limitations or restrictions set forth in this Agreement, and (d) use the Services only in compliance with applicable law.
All information, data, text, software, graphics, commentary, video, messages, or any other materials submitted by using the Service, (collectively, “Data”), is the property of Participant. The Participant is solely responsible for Data collected, submitted and generated by the Services. Highmark Health is not responsible for the way the Participant uses the Services and Data.
The Participant acknowledges and agrees that the Company may engage Sub-processors in connection with the provision of the Services, including without limitation the Processing of the Participants Personal Data.
The Highmark Health states that it has rights to intangible assets in the form of a graphic project of offered services and software, website layout, computer software as well as to all Company signs, symbols and trademarks used within its scope of business activity.
The Highmark Health websites listed above and all information, content, material, graphics, products (including any software), website addresses and layouts and services included on or otherwise made available to the Visitors and the Participant through the aforementioned websites are its exclusive property and are covered by protected under applicable law.
The Highmark Health websites and all information, content, materials, products (including any software) website addresses and layouts and services included on or otherwise made available to the Participant through the aforementioned websites are provided “as is” and “as available” unless specified otherwise in the Agreement. The Participant accepts the fitness of the Services and product for the purpose.
Prior written consent of Highmark Health is required for any not permitted business and non-business use of offered Services. Such consent is required in particular when disseminating and publicizing particular elements (e.g. photos, films, texts) in other Internet services/websites, printed publications, books, multimedia presentations and in other electronic media as well as for the disposal or use of its work (adaptations, alterations, modifications).
Unauthorized lending, sale, granting of further licenses and sublicenses to the offered products and services by the Participant or any other entity or person without express consent of Highmark Health is prohibited. Such acts are not deemed to be the proper use of Services.
The Participant must not modify or change the purpose and use of offered Services. Misleading others as to the existence of cooperation, association, relationship or acting on behalf of Highmark Health is prohibited.
Data Protection Compliance
Highmark Health is dedicated to providing data protection and to promote compliance with rules set forth by, among others, European Union.
This Agreement shall be supplemented by the General Data Protection Compliance form available through this link.
Any observation or breach of data protection may be reported via firstname.lastname@example.org. (or via support e-mail of the Service you use).
Highmark Health guarantees the highest quality of its operations to ensure accessibility and continuity of offered Services in accordance with their use and purpose.
Highmark Health does not guarantee compatibility of offered Services with other producers’ software. The Participant shall bear responsibility for the choice and consequences following from the use of other software including its applicability to the Participant’s objectives. Please be aware that due to the complexity of long-distance data transmission there is no possibility to ensure absolute security, accessibility and continuity of the provided Service.
Highmark Health shall bear no liability in particular for:
all negative consequences being the result of force majeure,
phrases and entries added to the network by Participant, End-Users in connection with the use of offered Services,
unlawful and inconsistent with these Terms and Conditions usage of Services,
disturbances in accessibility of offered Services not caused by Highmark Health,
damages suffered by the Participant, End-user or any other person or entity arisen due to the third-party claims, or suspension or closing the account by the Participant or for other reasons arising from the Participant’s fault,
damage incurred by the Participant, End-Users or any other person or entity as a result of Participant’s third party using Services that enable or prevent the Participant, End-Users from accessing the provided Services,
damages following from the Participant or the impossibility to use offered Services including damage actually suffered, the loss of expected profits/benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, company reputation infringement.
Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, United States of America, without giving effect to any principles of conflicts of law. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be an appropriate federal or state court located in the State of Massachusetts, and the Parties agree not to raise, and hereby waive, any objections or defenses based upon venue or forum non-conveniens. All disputes arising out of this Agreement shall be primarily resolved amicably. Highmark Health is open to set up a mediation in case of any conflict. Prior to initiating any legal action arising out of this Agreement, a Party shall provide the other Party written notice of a dispute and the Parties shall actively and in good faith negotiate with a view to speedy resolution of such dispute within thirty (30) days of the receipt of such notice.