Privacy & Legal Information
THIS NOTICE DESCRIBES HOW INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND
HOW YOU MAY ACCESS THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
If you have any questions about this notice, please contact the QuitNet Privacy
Officer by sending email to: firstname.lastname@example.org or by writing to:
Healthways QuitNet, LLC
c/o Healthways, Inc.
701 Cool Springs Blvd.
Franklin, Tennessee 37067
applies to information, including Personal Health Information, QuitNet creates or
receives about (a) individuals that participate in QuitNet programs and (b) employees
of entities that sponsor QuitNet programs. Personally identifiable information about
you that QuitNet creates or that either you, a QuitNet program sponsor, or any QuitNet
program sponsor vendor provides to QuitNet may be "protected health information"
(which we refer to as your "Personal Health Information") as defined under federal
law (see 45 C.F.R. 160.103). QuitNet will not use or disclose your Personal Health
or as directed by your QuitNet program sponsor, if any, accordance with its privacy
practices. In any event, QuitNet will only use or disclose your Personal Health
Information in accordance with law.
Regulations under the federal law commonly referred to as "HIPAA" - The Health Insurance
Portability and Accountability Act - require health care providers to tell patients
how their personal health information is used. These regulations protect your right
to prevent personal medical information from being used or disclosed without your
knowledge and consent, and require that health care providers:
- Ensure that medical information that identifies you is kept private;
- Give you notice of our legal duties and privacy practices with respect to medical
information about you; and
- Follow the terms of the notice that is currently in effect.
QuitNet is not a health care provider and does not maintain medical records in the
same manner as a doctor's office. However, we have implemented internal procedures
to ensure that if the information we do collect were considered Personal Health
Information, our practices and standards would meet or exceed the federal regulations.
We have drafted this privacy notice to help you understand how we do that.
What is a QuitNet "health record"?
Some examples of information we record about you include information you provide
a) register and create your membership account,
b) fill out surveys or self-assessment questionnaires,
c) use the quit date wizard to report a quit date and medication plan,
d) answer medical history questions in the medication wizard,
e) enter credit card and shipping information to purchase a product.
We record information about how you use QuitNet that allows us to tailor your experience
to be more helpful. For example, the "My Next Steps" area on the "My Quit" page
will change as the site remembers that you have used different features.
How we use these records:
For Treatment (Support).
One form of support provided by QuitNet
is online counseling. If you contact an expert counselor, that counselor may view
information including your quit date, your indicated medication plan, and your responses
to questionnaires. The counselor will also be able to view information regarding
whether or not you have been subscribed to QuitTips, how often you have logged in,
and your history of setting and changing your quit date and medication plan. All
counselors have agreed to strictly honor our privacy practices and internal policies
to ensure confidentiality of your information.
If you purchase a product from us, we will submit
your credit card information to our bank for processing. If you subscribe to a monthly
membership, we encrypt and store your credit card information in order to process
For Health Care(Web Site)Operations.
Web site operations are activities
necessary to keep the online service running. This includes troubleshooting technical
support issues. If you report a problem with the site, we may access your user information
to identify the web browser you are using or to reproduce a problem you have reported.
We will also periodically run reports to determine how many people are online, what
features they are using, and what the general characteristics of our users are.
For example, we will run a report to show us how many users have set quit dates
or how many users have registered in a given time period from a given state. Development
of an effective online smoking cessation program is a never-ending task we have
been engaged in for nearly a decade. Throughout the process of improving the site,
we will perform a variety of analyses to answer questions about how users like you
use our site. We use this information internally and will never release personal
information to outside marketers. We deploy banner advertising and other content
targeted to you based on information in your user profile. For example, if you receive
QuitTips emails, the content of these emails will be customized based on your quit
date and medication plan, among other variables. These kinds of targeting and customization
of content are fundamental to how QuitNet works and what distinguishes it from an
information-only, brochure-ware website.
When we might allow others to see those records:
QuitNet will not
allow anyone other than QuitNet employees or contractors to view the information
associated with your QuitNet membership. Federal regulations require us to provide
you with a history of any disclosures to third parties on demand. Our policy is
not to make any such disclosures.
We sometimes share aggregate information with our agents or contractors for billing
and research-related matters. This information does not include anything that could
be used to identify you. For example, if your membership in QuitNet was sponsored
by a state agency, we generate a report to tell the sponsoring agency how many people
registered with QuitNet. We also give them summary reports showing the number of
users of different ages, genders, and education levels. We will report how many
users have set a quit date or selected a medication plan. In some cases we generate
reports showing the number of registrants per county or zip code.
We may provide more detailed individual user records to medical researchers so they
can analyze how activity on the site correlates with success quitting. However,
this information will still be de-identified for purposes of HIPAA, because we remove
all personal identifiers, including your username, first/last name, and email address
and strip the last two digits from the zip code. This means that as a researcher
analyzes the data, he or she would see information such as your quit date and medication
plan, along with how many times you had logged in to the site, but would have no
way to associate this back to you personally.
Some of our partners who sponsor your membership may request we provide verification
of your enrollment for management of their benefits programs. If this is the case,
you will be informed of this fact prior to disclosure of the information.
Our policies to protect health care records.
Our policy is to treat any information related to your efforts to quit smoking as
confidential. This means that every QuitNet employee and contractor has been trained
to respect the information they may access in the course of working with the company.
For example, when you ask a question of an expert counselor, that counselor will
not reveal your name or email address to anyone else in the company if he or she
needs to discuss details about a particular question to better help you. If you
report a technical problem, while the technical person solving the problem may see
information such as your quit date, he or she would never pass that information
along to anyone else unless it is necessary to solve the problem.
You have the following rights regarding medical information we maintain about you.
We have provided examples to illustrate how these rights apply to QuitNet.
Right to Request Restrictions.
You have the right to request a
restriction or limitation on the medical information we use or disclose about you
for treatment, payment, or health care operations. We are not required to agree
to your request. You may exercise this right by choosing to make certain data such
as your quit date public or private, through the checkboxes on the My Quit / Profile
page. This will prevent the information from being disclosed to other members of
the community who view your profile. If you feel this option does not give you sufficient
control, you may use our problem reporting system to request more specific action.
Right to Receive Confidential Communications.
You have the right
to request that we communicate with you about medical matters in a certain way.
For example, if you have access to the "Ask an Expert" forum and "Email a Counselor"
features, you can use our expert forum or qmail a counselor directly. You may change
your email address to a work address or whatever address you prefer. Because QuitNet
is an online community, we will not, as a rule, communicate with members directly
over the phone or in person. However, users can telephone us directly at our main
phone number in Boston. Given the small size of our staff, we prefer electronic
communications and that users submit questions through our problem report system
online which allows us to track problems to resolution.
Right to Inspect, Copy, and Amend Protected Health Information.
Because QuitNet does not maintain physical patient files, you would exercise this
right though direct review and modification of data you had previously entered on
the website. For example, you might re-take a questionnaire or update your quit
date and medication plan. Many of the fields on your profile page are editable to
update things like email address, first and last name. If you believe information
about you is inaccurate and you are unable to determine how to verify or update
it, submit a problem report on the web site for assistance.
Right to Request an Accounting of Disclosures.
You have the right
to request an "accounting of disclosures." This is a list of the disclosures we
made of your medical information for which an authorization was not obtained, or
which was not made for purposes of treatment, payment, or health care operations.
QuitNet, as a matter of policy, will not disclose your Personal Health Information
to third parties. If you feel a disclosure has occurred, submit a problem report
on the site and/or follow the procedures for filing a complaint below.
Right to obtain a paper copy of this notice.
You may submit a request
in writing to Healthways QuitNet, LLC, 1 Appleton St., 4th Floor, Boston, MA 02116,
for us to print and mail you a copy of this notice.
Changes to this Notice
We reserve the right to change this notice. We reserve the right to make the revised
or changed notice effective for medical information we already have about you as
well as any information we receive in the future. We will post a copy of the current
notice on our website with its effective date. We will notify you of such changes
If you believe your privacy rights have been violated, you may file a complaint
with Healthways QuitNet, LLC, or with the Secretary of the Department of Health
and Human Services. To file a complaint with Healthways QuitNet, LLC, send your
written complaint to Healthways QuitNet, LLC, 1 Appleton St., Boston, MA 02116.
All complaints must be submitted in writing.
You will not be penalized for filing a complaint.
QuitNet is committed
to protecting the privacy of our members and will act to swiftly address any concerns.
- The purchase of this membership card provides one (1) initial enrollment and three
(3) month membership for the QuitNet support services for an eligible individual.
Memberships may not be transferred or shared. The "3 Month Membership" is for an
initial period of three months from time of registration.
- This program is not meant to replace the advice of a physician. You must be 18 years
of age or older to participate in this membership program.
- Members may cancel at anytime. No refunds upon cancelation. At the end of the 3-month
period, BluePrint to Quit QuitNet members may choose to extend their Premium Membership
for $3.35 per month. Upon activation of an extended membership, membership will
be automatically renewed, and the credit card of record will be charged, at the
then existing monthly rate until a member notifies QuitNet by one of the following
methods: use of the Cancel Premium Membership button located on their Order Manager
page (log into the QuitNet site, select the My Quit tab, and link to Order Manager
located on the left navigation bar), submit a Help Desk ticket, or by postal mail
sent to QuitNet, 1 Appleton St., 4th floor, Boston, MA 02116, USA (these notification
methods will require that we verify your identity). Please note that QuitNet.com,
Inc. will not accept or open email communications that have attachments of any kind.
Cancellations are not retroactive. Members are financially responsible for all charges
until proper notice of cancellation is received by QuitNet.com, Inc. Cancellation
during the initial term or mid-month after the initial term will only affect charges
for the following billing period.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF QUITNET.COM IS AT YOUR OWN RISK
AND THAT THE QUITNET SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES
OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. QUITNET.COM INC EXPRESSLY DISCLAIMS
ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,
TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL
QUITNET.COM INC BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, OR
SPECIAL DAMAGES ARISING OUT OF RESULTING FROM OR RELATING IN ANY MANNER TO THE USE
OF INABILITY TO USE THE QUITNET.COM SITE AND ANY CONTENT OR SERVICES CONTAINED IN
- Members are eligible to receive personal counseling through QuitNet's "One to One"
personal counseling feature. An instance of personal counseling is defined as one
reply from a QuitNet Counselor sent to the user's "Q-Mail" account, usually within
one business day.
- Healthways reserves the right to modify or cancel the support service offering of
QuitNet at any time. Healthways and QuitNet.com, Inc. reserve the right to refuse
membership for any reason, including certain medical conditions or to cancel membership
for abuses of its policies as stated on the site. In the case of cancellation, cancellation
will be immediate. If the user is a paying member, their account will not be charged
again, but they will not receive a refund for any remaining time they have paid
- System requirements: Must have a computer, an Internet or AOL connection. Healthways
QuitNet and QuitNet.com, Inc. makes no claim to support all web browsers or other
software, including though not limited to those compatible with WebTV. Healthways
QuitNet and QuitNet.com, Inc. assumes no responsibility for computer systems, hardware,
software or program malfunctions or for other errors, failures, or delays in computer
transmissions or network connections that are human or technical in nature or for
lost, late, mutilated, illegible, postage-due, incomplete or misdirected information.
- Members must provide a valid email address and, in the case of Premium Members,
a valid zip or postal code (if in the U.S. or Canada). Any user who attempts to
gain access to QuitNet's Premium Service by falsifying their identity or place of
residency, will be liable for the full price of Premium Membership since the date
of issue. Members may be asked to document their place of residence (i.e., postal
code) through a means selected by QuitNet (i.e., canceled mail, driver's license,
- QuitNet.com, Inc. reserves the right, in its sole discretion, to cancel or suspend
this program should virus, bugs, or other causes beyond QuitNet.com, Inc.'s control
corrupt the administration, security or proper function of this program.
One or more pending United States patents apply to this site.
Content included on this site, such as text, graphics, logos, button icons, images,
audio clips, digital downloads, data compilations, and software, is the property
of QuitNet.com, Inc. or its content suppliers and protected by United States and
international copyright laws. The compilation of all content on this site is the
exclusive property of QuitNet.com Inc. and protected by U.S. and international copyright
laws. All software used on this site is the property of QuitNet.com Inc. or its
software suppliers and protected by United States and international copyright laws.
"QuitNet", is a registered trademark of QuitNet.com, Inc. in the United States.
The stubbed-out cigarette butt, "Quit All Together", "The Q", "Don't Quit Alone",
"Quit Date Wizard", "Q-Cards", "Q-Gadget", the Quitster, Nicodemon, and other QuitNet.com
graphics, logos, page headers, button icons, scripts, and service names are trademarks
or trade dress of QuitNet.com, Inc. QuitNet.com's trademarks and trade dress may
not be used in connection with any product or service that is not QuitNet.com's
in any manner that is likely to cause confusion among customers, or in any manner
that disparages or discredits QuitNet.com. All other trademarks not owned by QuitNet.com,
Inc. that appear on this site are the property of their respective owners, who may
or may not be affiliated with, connected to, or sponsored by QuitNet.com Inc.
When a member registers at QuitNet, they become eligible to receive a 3-month follow-up
email to check in with the member on satisfaction with the service and quit status.
This information is considered private and will be de-identified to be used, in
the aggregate, for research and reporting purposes only. A member may choose not
to receive this email by submitting a request to the QuitNet Helpdesk, or by opting
out at the bottom of the first follow-up email.