Privacy Statement

BenXpress by AccordWare, LLC. (AccordWare or BenXpress) respects your privacy and we acknowledge that you have certain rights related to any personal information we collect and process from you and we have certain obligations in respect of the same.

AccordWare supports the importance of privacy laws, and has procedures in place to meet the requirements of those laws as appropriate.

This Privacy Statement supports our privacy principles and informs you about our practices for gathering, storing, and using the personal information of individuals who use our online services.

We encourage you to review this information so that you may understand how we acquire, process, use, and share your personal information.

If you have questions, please contact the Data Protection Officer at: [email protected]

Information We Process

AccordWare acquires, processes, stores, and uses personal data to provide our benefits administration and related services from individuals who use our websites. This is on behalf of employers who retain our services for this purpose. When you interact with a BenXpress website, we collect data related to how you interact with that service by, for example, our use of session cookies placed on your device.

We have set out further details below on the types of personal data we acquire, process, store, and use - and the reasons we use your personal data as explained below.

Collecting and Using Your Personal Data

We collect personal data when you enroll in benefits offered by your employer through the BenXpress website. Your personal data is used in providing benefits administration services to you, fulfilling our contractual obligations to your employer, and to run our business operations. Our function is that of a data processor for your employer in order to provide these benefits administration services.

During enrollment or via your employer, the information we collect may include your name, email address, telephone number, gender, date of birth, country where you reside, and other information that may help us better provide the services to you.

We may also collect information from your use of our services. This information includes:

Device-specific information. We collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information).
Log information. When you use our services, we automatically collect and store certain information in server logs, such as Usage Data, usage detail and device event information (e.g., crashes, system activity, hardware settings, browser type, browser language, the date and time of your request, and referral URL.)
Location information. We may collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, and other sensors.
Link access. We may collect information detailing which documents you view or links you click on.
Information we collect when you are signed in to our services may be associated with your account. When information is associated with your account, we treat it as personal information.

In addition to the purposes listed above, we may also use your personal data to:

Communicate with you. Obtain your name for purposes of communicating with you and identifying you as a user of the website or product.
Verify your identity. We may use your personal data to verify who you are.
Respond to your questions and fulfill your requests. We may send you communications upon your request or otherwise with your consent.
Administer your benefits. We may use your personal data that you provide to us in the process of making selections per your direction with regard to your benefits.
In cases where permitted, gather non-descriptive, non-identifiable statistical information about how many visitors use our services, how our users use the services, how our users access certain content available on our services, how long our users access certain content, what content our users are accessing, and our user preferences or settings for certain services. We use this Aggregated Information for statistical analysis of how users make use of the services so we can better improve our services.

Using Your Personal Data

We will use your personal data where:

You have given your consent to the relevant processing activity for the purposes of which we have informed you. Where this is the case, you always have the right to withdraw that consent.
It is necessary for the performance of our services and compliance with the administration of your employer's benefits, your instructions or in order to take steps relating to same.
We need to process your information in order to comply with a legal or regulatory obligation (for example, in relation to your rights or your employer's legal reporting obligations),
It is necessary for our legitimate interests (or those of a third party, like your employer) provided that our legitimate interests are not overridden by your interests or rights which require protection of your data.
It is necessary for the establishment, exercise, or defense of legal claims.
Exceptionally, where it is necessary for vital interests relating to you or another person (for example, avoiding serious risk of harm to you or others) and where you are not capable of giving consent.
Where you have already made the relevant personal information public.

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Legitimate Interests

As detailed above, we can, sometimes, use your personal information where this is necessary for our legitimate interests (or those of a third party, for example your employer or an insurance company whose offering(s) you enrolled in). This includes where use of your personal information is necessary to:

Ensure effective administration and management of your employment or engagement, benefits, management of the business, and business continuity.
Ensure our assets are protected, kept confidential, and not used for inappropriate or unlawful purposes.
Prevent, detect, or investigate unauthorized use of our systems and ensure we comply with law and our policies
Ensure we can contact you or your family in the case of an emergency.
Manage training and development requirements.
Maintain product development and enhancement, along with effective marketing through analytics and profiling for business intelligence.
Address disputes and accidents and take legal or other professional advice.
Comply with another country's laws and regulations.
Prevent fraud and financial crime.
Ensure network and information security.

If you would like further information on our legitimate interests as applied to your personal information, please contact our Data Protection Officer.

Cookies

We record the number of visitors to the relevant sections of our website and track movement between the sections by means of session "cookies."

Cookies are small data files containing information placed on your computer or electronic device and are automatically downloaded to your device in order to recognize you as someone that has visited our website previously. We use cookies that identify your browser or device. They collect and store information when you visit our website about how you use it. Session "cookies" are also used to secure your login to BenXpress.

Failure to Provide Information Requested

Where we are requesting information from you in order to provide services, if you do not provide the information that we have identified as required we may be unable to properly assist with your request.

Retaining Your Information

We will retain your personal information for as long as is necessary in connection with our agreement with your employer, to provide you with the services requested, or for other necessary purposes such as compliance with a law, regulation, or other legal authority, or as is otherwise permitted to be maintained for other legal purposes, such as audit, security, fraud prevention, or preserving and defending AccordWare's legal rights.

When Information May Be Shared

AccordWare holds its employees, agents, and suppliers accountable for maintaining the trust that you place in us with your personal information.

For individuals, AccordWare shares the data that is necessary to perform its benefits administration and related services with your employer, insurers, or with service providers that may be engaged to assist in providing these services.

Any information sharing arrangement will be governed by appropriate contractual requirements prohibiting the use of your information for any purposes beyond those specifically directed by your employer or AccordWare, and requiring that they ensure sufficient administrative and technical security mechanisms are in place to prevent your information from being improperly used, disclosed, or accessed.

Your Rights

We respect your right to access and control your information. The amount of personal information you are required to supply when requesting our services is consistent with AccordWare's interests in providing our services to you. AccordWare complies with applicable data protection laws and regulations.

We process personal data about you for the purposes set out in this Privacy Statement, including to provide benefits administration services, operate our business, comply with our legal and contract obligations, and fulfill other legitimate interests of AccordWare.

Protecting Your Information

AccordWare takes care to secure your personal information. We regularly monitor industry standards for securing information and review our physical, technical, and organizational security practices in order to determine how best to prevent the loss, misuse, alteration, unauthorized access, destruction, or disclosure of your personal information.

Any personal data sent to us, either in writing or e-mail, may be insecure in transit and we cannot guarantee its delivery.

Passwords must be kept confidential and not disclosed to a third party.

Maintenance of Our Services

AccordWare maintains and operates its services in the United States, and the offering of said services is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.

Changes to This Privacy Statement

We may change this Privacy Policy at any time and from time to time. Any amendments or modifications to this Online Privacy Policy will become effective immediately upon posting. Your continued use of any of our services following the posting of a revised version of this Online Privacy Policy will constitute your acceptance of the revised Policy. If you do not agree with the revised Privacy Policy, do not use any of our services until and unless your issues have been resolved.

If You Have Further Questions

If you have any questions or comments about this Privacy Statement, would like to exercise any of your rights under applicable data protection law, or believe that AccordWare has not adhered to this Privacy Statement, please e-mail our Data Protection Officer at [email protected].