Privacy Policy

Overview

Hodges-Mace, LLC (“Hodges-Mace”, “we”, “us”, or “our”) respects your privacy and is committed to complying with this privacy policy (“Privacy Policy”), which describes what information we collect about you, including how we collect it, how we use it, with whom we may share it and what choices you have regarding our use of your information.  This Privacy Policy applies to information collected on our websites, which include but are not limited to, www.hodgesmace.com, www.smartben.com, www.continuoushealth.com (the “Websites”) and to all other online offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device, or other technology.  This Privacy Policy also applies to any services, content, or functionality contained on the Websites (collectively, the “Services” and, together with the Websites, the “System”).  For purposes of this Privacy Policy, references to “Hodges-Mace” shall include Hodges-Mace, LLC, Hodges-Mace Holdings, LLC, SmartBen, LLC, and all of their respective members, affiliates, subsidiaries, directors, officers, agents, and employees.

This Privacy Policy is also a binding part of the System’s terms of use (the “Terms of Use”).  The Terms of Use may be found here: /terms-of-use.  We encourage you to become familiar with both this Privacy Policy and the Terms of Use.  By accessing and using the System, or any part of the System, you agree that you have read and understand this Privacy Policy, and in exchange for access to the System, you accept and consent to the privacy practices (and any uses and disclosures of information about you) described in this Privacy Policy.

Changes to our Privacy Policy

We may change this Privacy Policy at any time and from time to time.  The most recent version of the Privacy Policy is reflected by the version date located at the bottom of this Privacy Policy. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of this Privacy Policy or other notice on the Websites. You should view this Privacy Policy often to stay informed of changes that may affect you, as your continued use of the System signifies your continuing consent to be bound by this Privacy Policy. Our electronically or otherwise properly stored copies of this Privacy Policy shall each be deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this Privacy Policy which were in force on each respective date you visited the System.

What Information Do We Collect?

As described in detail below, we may collect certain identifying information from or about you in connection with your use of, or your submissions to, the System (collectively, the “Collected Information”).  Collected Information includes both Personal Information and Non-Personal Information, each as described below:  

  1. In some cases, we ask you for information that can be used to identify you as a person, including, but not limited to, your first and last name, date of birth, email address, job title, company information, or other demographic information (“Personal Information”).
  2. In some cases, we collect information regarding how you interact with the System, which information may include pages you view, links you click or hover over, selections you make on the Websites, your web browser’s HTTP referrer header, features you use, preferences you set, your web browser type and version, the operating system type and version of the device you are using to access the System, the Internet protocol (IP) address of the device you are using to access the System (or any portion thereof), general physical location, Internet service provider, in addition to any other information collected as further described in this Privacy Policy (“Non-Personal Information”).  
  3. Access to certain areas of the System (such as access to your benefit enrollment portal) are restricted, and you must provide a unique user identification and password prior to receiving access.  To use such restricted areas of the System, you also may be required to enter certain Collected Information (e.g., username, password, first and last name, e-mail address, etc.).
  4. To provide Services through the System on behalf of your employer, we may (a) access certain aspects of your employee record and other job-related information maintained by your employer, such as social security number, date of birth, and compensation information, and (b) we may request that you enter or verify Personal Information, including but not limited to benefit elections with your employer, dependent or beneficiary information, hours worked, or salary information.

How Do We Use The Information That We Collect?

Hodges-Mace may use the information we collect for various purposes, including (i) providing Services to you or to your employer, including benefits enrollment services; (ii) providing communications required by regulators; (iii) marketing activities; (iv) improving the System’s content, materials, and services; and (v) more effectively and efficiently responding to both current and future user inquiries.

In addition to the uses mentioned or described elsewhere in this Privacy Policy or in the Terms of Use, we, our affiliates and subsidiaries, and our respective third party service providers may use the Collected Information to analyze and improve the content, features, Services, and Websites that we make available on the System, as well to conduct certain targeted marketing activities specific to users. We may send you information that you request from us, promotional materials regarding Hodges-Mace’s services and facilities, and any other communication for any other legitimate and lawful business purposes. Additionally, we may retain and use certain Collected Information to facilitate and otherwise address certain inquiries, requests, subscriptions, or business transactions and relationship with Hodges-Mace or any of our affiliates, or respond to your questions or requests for information about or from Hodges-Mace or any of our affiliates or trusted business partners.  We also may use Collected Information as necessary to ensure compliance with any Hodges-Mace policies and any applicable law.

Hodges-Mace may use various analytics tools and technologies regarding how users interact with the various portions of the System that require storage of web session data. These tools and technologies are used to assist System users by using cookies and scripts (as described in the “Cookies and Usage Reports” section below) to collect and store information such as how users interact with the System, errors users encounter when using the System, device identifiers, how often users visit certain portions or components of the System, what pages they visit, and what other sites they used prior to using to the System.  Stored web session data used by such analytics services or tools is used in accordance with this Privacy Policy.

With Whom Do We Share Information That We Collect?

Hodges-Mace does not sell, rent, or lease our user lists or the identity of individual users with third parties.  However, Hodges-Mace may share Collected Information to perform its business purposes, including performing the Services for employers and their employees.

Specifically, we may share your information with any of our affiliates, subsidiaries, or our parent company for the purpose of providing the System, providing the Services, for any purpose described in this Privacy Policy or the Terms of Use, or for any other lawful purposes.  We may catalog and add the Collected Information to our database.  Finally, we may share information you provide to us with your employer, or in some cases, with your employer’s designated insurance carrier, payroll provider, or human resource information system.

Hodges-Mace also may, from time to time, utilize a number of trusted business and marketing partners in delivering the content, materials, and opportunities available on or through the System.  For example, we may provide your Collected Information to our customer relations management service provider in order to help us manage and analyze our relationship with you and other users.  We may share Collected Information with our business partners in order for them to analyze and evaluate such data for our use.  However, no third party business partner will be permitted to use Collected Information for marketing, promoting, or selling any non-Hodges-Mace products or services, or for any purpose other than advising or providing products or services to Hodges-Mace.  Any sharing of Collected Information with third parties will be subject to obligations of confidentiality between Hodges-Mace and such third parties.

On portions of the System, you may have the option to register for third-party services that are available through our System but provided by a third-party. When you register for such services, it may be necessary for us to transfer your registration information to the third-party service provider.  The terms of this Privacy Policy do not apply to third-party websites. You should read each third party’s privacy policy to understand how Personal Information that is collected about you is used and protected.

Hodges-Mace may use and disclose certain aggregated, anonymized information, such as System usage data, to our affiliates, subsidiaries, or trusted business partners.  Such information also may be shared with other users or the general public for advertising, informational, or comparison purposes.  However, such information shall not be personally identifiable to any user.

Finally, we may disclose Collected Information if we become subject to a subpoena or court order, or if we are otherwise legally required to disclose the information.  We may use and disclose Collected Information to establish or exercise our legal rights, to enforce the Terms of Use, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

Cookies and Usage Reports

By placing a small file known as a “cookie” on your computer (or other device), Hodges-Mace and its third party providers may passively gather information about your use of the System for several reasons, including, but not limited to, the following: statistics collection and analysis, System optimization, analytics (as described below), market research, and maintenance of user login information.  For example, cookies on the Websites may track “macro” information, such as the number of independent visits made to the Websites each day, or “micro” information, such as individual users’ IP addresses, downloads, and related traffic history (some of this information may be collected by web beacons, see below).  The information that we and our third party service providers track with cookies may include, but is not necessarily limited to, the type of browser (such as Google Chrome, Microsoft Edge or Internet Explorer) and Internet-connected device being used to access the System, your Internet protocol (“IP”) address, your home domain or Internet service provider, your referrer URL (which is the URL for the website that you were viewing prior to visiting the System), how you were directed to the System, which specific pages you access on the System, how long you view each page, the time and date you access our System and the total number of visitors to the System and any portions thereof.  We also may use your IP address to determine the general physical location of your computer or device and understand from what geographic locations our System visitors come and to tailor our services to meet our visitors’ needs (e.g., if a visitor is from California, we may use geolocation information to ensure our California team responds to such visitor).

Most popular Internet browser applications will allow you to configure the browser so as not to accept cookies. However, setting your browser to reject cookies may, in certain instances, prevent you from taking full advantage of the System (or some portion thereof) and its capabilities, or cause some features of the System to function improperly or more slowly.

The Websites use certain web analytics services provided by third parties in order to better understand your use of our Websites (or other portions of the System) and how we can improve the System. Such analytics providers may collect information such as how often users visit the System, what pages they visit when they do so, and what other websites they used prior to coming to the System. We do not combine the information collected through the use of such analytics services with your Personal Information. Such third party analytics providers may utilize the data collected to track and examine use of the System, to prepare reports on its activities and share them with us.

As part of our suite of analytics, we also utilize web analysis services provided by Google.  Google’s ability to use and share information collected by Google Analytics about your visits to the Websites is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. Google utilizes the data collected to track and examine the use of the System, to prepare reports on its activities and share them with other Google services. Google may use the data collected on the System to contextualize and personalize the ads of its own advertising network. To more fully understand how Google may use the data it collects on the System, please review “How Google uses data when you use our partners’ sites or apps” (located here or any successor URL).

Some of the areas of the System also may contain electronic images known as web beacons (sometimes known as clear gifs) that allow Hodges-Mace, and its third party providers or affiliates, to count and track users who have visited certain portions of the System and other similar traffic history. Web beacons collect only limited information, including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides.  Web beacons do not collect any of your Personal Information.

User Communications

Any information, communications, or material of any type or nature that you submit to any portion of the System which is viewable by other visitors to the System (such as providing viewable comments to articles or videos on the Website) or any of our pages contained on a social media platform or website by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, the “Submissions”) is done at your own risk and without any expectation of privacy. We cannot control the actions of other users of the System or any social media platform and are therefore not responsible for any Submissions contained on a social media platform or website (or which are viewable on the System by other users).

How Can I Opt-Out of Promotional Correspondence?

Those individuals that provide us with any Submission, or otherwise express an interest in or consent to receiving communications from Hodges-Mace, may receive email or other communications from us electronically.  We consider, and you hereby acknowledge and agree, that providing a Submission or otherwise evincing an interest through the System constitutes valid consent to receive messages or other communications from Hodges-Mace.  However, if you would no longer like to receive emailed special offer information, notifications or other messages from us, please click the link at the bottom of any email you receive from us and follow the instructions.  Please allow us a reasonable period of time in order to satisfy your request, as some promotions may already be in progress.  Please note that even if you opt-out as described above, Hodges-Mace will retain your Collected Information for analytical purposes and other internal purposes including an ability to reconnect you with such Collected Information if you later opt-in to any of the data sharing, use or communications set forth above.

Change in Control and Other Organizational Changes

As Hodges-Mace grows and develops its business, it is possible that its corporate structure or organization might change or that it might merge or otherwise combine with, or that it or portions of its business might be acquired by, another company. If Hodges-Mace experiences a Change In Control (as defined below), then we may amend our privacy and information usage practices described in this Privacy Policy.  Additionally, you should expect that Collected Information (including your Personal Information) would be one of the assets that will be transferred to the legal entity that succeeds our operation and ownership of the System.  The privacy practices of the succeeding legal entity will then govern the Collected Information so transferred. However, if applicable law prohibits the succeeding legal entity’s privacy policy from governing your Personal Information, then this Privacy Policy shall continue to govern.  For purposes of this Privacy Policy, “Change In Control” means any of the following events:  (i) a reorganization, merger, consolidation, acquisition or other restructuring involving all or substantially all of our voting securities and/or assets, by operation of law or otherwise; (ii) a general assignment for the benefit of creditors; (iii) appointment of a receiver for our business or assets; or (iv) our sale or liquidation, voluntarily or otherwise.

What Information Do We Collect for Sweepstakes, Promotions, Contests & Surveys?

On the System, you may wish to participate in online polls, surveys, contests, sweepstakes and other promotions that we may offer from time to time. Participation in these polls, surveys, contests, sweepstakes and promotions is completely voluntary; you have a choice about whether or not to disclose information required to enter. Information requested may include personal contact information such as your name, address, date of birth, phone number, mobile phone number, e-mail address, username, and/or similar information. In addition, as noted above, we may share this information with our parent company, affiliates, and other organizations or entities. Through these online polls, surveys and promotions, you may choose to participate in activities such as sharing information found on the System with others and sending email invitations. In connection with any online polls, surveys, contests, sweepstakes and other promotions that we may offer from time to time via the System, we use the information you provide to administer the polls, surveys, contests, sweepstakes and other promotions. Subject to applicable contractual or legal restrictions, we also may use the information to communicate with you, or the other people you select, about our services or our marketing partners may use such information to communicate with you about the online polls, surveys, contests, sweepstakes or other promotions or their products and services.

What Choices Do You Have?

When submitting information, corresponding, making requests for information, and otherwise interacting with Hodges-Mace and its representatives through or in connection with the System, you choose what information to supply or submit, whether you wish to receive further information, and how you may be contacted. Please take care to share only such information as is needed or that you believe is appropriate. Any promotional email we send to you will contain a link which will allow you to opt out of receiving any further correspondence.

How Do We Protect Information Collected About You?

Hodges-Mace takes commercially reasonable measures to secure and protect information transmitted via or stored on the System. Nevertheless, no security system is impenetrable. We cannot guarantee that information that users of the System may happen to transmit or otherwise supply will be totally secure. You agree to immediately notify us of any breach of System’s security, this Privacy Policy, or the Terms of Use of which you become aware.

Linked Websites

For your convenience, some hyperlinks may be posted on the System that link to other websites (the “Linked Websites”).  Some Linked Websites are not under our control, such as facebook.com, twitter.com, and linkedin.com. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of any Linked Websites or of any companies that we do not own or control.  Linked Websites may collect additional information to that which we collect on the System.  Except for Linked Websites owned or operated by us, we cannot be responsible for the privacy practices of any such Linked Websites, nor do we endorse any of these Linked Websites, the services or products described or offered on such Linked Websites, or any of the content contained on the Linked Websites. We encourage you to seek out and read the privacy policy of each website that you visit.  In addition, should you happen to initiate a transaction on a Linked Website, even if you reached that Linked Website through the System, the information that you submit to complete that transaction becomes subject to the privacy practices of the operator of the applicable Linked Website. You should read each Linked Website’s privacy policies to understand how Personal Information that is collected about you is used and protected.

California and Delaware “Do Not Track” Disclosures

California and Delaware law require Hodges-Mace to indicate whether it honors “Do Not Track” settings in your browser concerning targeted advertising. “Do Not Track” is a standard that is currently under development. As it is not yet finalized, Hodges-Mace adheres to the standards set out in this Privacy Policy and does not monitor or follow any Do Not Track browser requests.

Children

The System is intended for review and use by corporate employers, human resources personnel, insurance brokers, and other similar general audiences.  We do not anticipate or invite any traffic from any individual under the age of 18.  The System is not intended for use or view by children under 13 years of age.  Consistent with the Children’s Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13.  If you are under the age of 13, you must ask your parent or guardian to assist you in using the System.  Furthermore, we may restrict entries to any contests, sweepstakes or promotions to entrants who are at least 18 years of age.

How to Contact Us

If you have any questions, comments or suggestions about the System, our Services, Hodges-Mace (or any of our affiliates), or our privacy practices, please contact us here or at the address below:

Hodges-Mace, LLC
Attn: General Counsel
5775-D Glenridge Drive NE, Suite 350
Atlanta, GA 30328

If you correspond with Hodges-Mace through the System or via email, the Collected Information may include the content of, and metadata regarding, any correspondence you may have with us. We may share your messages with those within our organization who are most capable of addressing the issues contained in your message.  We will keep a copy of your message until we have had an opportunity to address your concerns.

Acknowledgement

BY ACCESSING OR USING THE SYSTEM, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE PRIVACY POLICY, AND TO THE USES AND DISCLOSURES OF COLLECTED INFORMATION ABOUT YOU, THAT ARE DESCRIBED IN THIS PRIVACY POLICY AND YOU AGREE TO BE BOUND BY THE TERMS OF USE REFERENCED ABOVE.

This Privacy Policy was last updated on August 1, 2016.