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GLOBAL PRIVACY AND COOKIES POLICY
Version:25 October 2018 - Please Direct Questions and Comments to: [email protected]
TABLE OF CONTENTS
PART A - PRIVACY POLICY
Section 1. About this Policy. This section describes who we are and how we collect, use, share and secure Personal Information we collect from you. Section 2. Contact Details. This section contains local contact details for our primary operating entities. Section 3. Changes to this Policy and Your Duty to Inform us of Changes. This section describes how we may make changes to this policy, and what you should do if Personal Information you have provided to us changes. Section 4. Third Party Links and Other Sites. This section describes our communications and connections to third-party websites and apps. Section 5. What Information Does LifeWorks Collect About You? This section describes in detail the types of information and data, including Personal Information, Anonymous Information, and Sensitive Personal Information, we collect from you by your use of our Website and App. Section 6. What IfYou Choose Not to Provide Personal Information? This section describes what will happen to the Services you may receive from us if you choose not to provide your Personal Information to us. Section 8. How Does LifeWorks Collect Your Personal Information? This section describes the ways we collect your Personal Information, including by directly interacting with you, through automated interactions with you (including through Cookies which are described in more detail in Part B Cookies Policy), and through third party sources. Section 9. How and Why Does LifeWorks Use Your Personal Information? This section describes how we use or process your Personal Information and the reasons for our use. In particular for EU Users, this section describes the grounds we may rely on to do so, including our Legitimate Interests. Section 10. Your Choices. This section describes your choices concerning how and when LifeWorks uses your Personal Information. Section 11. How Does LifeWorks Share Your Personal Information? This section describes the various ways we share your Personal Information in order to provide you with the Services you may receive through our Website or App. Section 12. International Transfers. For our EU/UK users, this section describes the circumstances in which we may transfer your information out of the EEA and what we do to ensure your Personal Information is protected when we do so. For our Australian users, this section describes contains disclosures we are required to make to you concerning international transfers. Section 13. LifeWorks Privacy Shield Certification. This section describes how we comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding our collection, use, and retention of Personal Information transferred from the European Union to the United States. Section 14. How Does LifeWorks Secure Your Personal Information? This section summarizes our data security methods. Section 15 How Long Does LifeWorks Retain Your Personal Information? This section describes the contractual obligations and policies that govern our retention of your Personal Information. Section 16. What Rights Do You Have In Connection With Your Personal Information? This section describes rights you have regarding your Personal Information, including your rights to: withdraw your consent, request access to your Personal Information, object to or limit our processing activities, request corrections to your Personal Information, request that we erase your Personal Information, request transfers of your Personal Information, request not to be subject to a decision based on automated profiling technology, and make a complaint. Section 17. Who Supervises LifeWorks Activities And How Do You Contact Them? This section describes the regulatory authorities that govern our operations or that we are required to identify for you.
PART B - COOKIES POLICY
Section 1. Cookies Generally. This section explains what cookies are and why we deliver them to users of our Website and App. Section 2. Cookies We Use. This section explains specific cookies we use. Section 3. Third Party Cookies. This section explains certain third-party cookies that you may encounter when using our Website or App. Section 4. Opting Out. This section describes some of the ways you may opt out from receiving cookies. Section 5. Further Information. This section describes other information you may find useful about how to manage and delete cookies.
PART A - PRIVACY POLICY
Section 1. About this Policy
LifeWorks (LifeWorks, we, us, and our) is committed to protecting your privacy. This Privacy Policy (this Policy) describes how LifeWorks collects, uses, shares, and secures the Personal Information that LifeWorks collects from users who visit and use LifeWorks websites (the Website), its mobile application (the App), and the LifeWorks services provided through these platforms or otherwise accessed by a user (the LifeWorks Services), which are described below. Sponsoring Organization has the meaning given to it in the User Terms, and refers to your employer, university, or other membership-based association which subscribes to receive LifeWorks services for your benefit.
Depending on your Sponsoring Organizations subscription, you may have access to all or some of the following LifeWorks Services through our Website and/or App, by telephone, or otherwise:
A social environment and news feed where you can interact with co-workers, give and receive recognition, obtain rewards, participate in challenges, post content and messages, provide feedback, and receive content (including articles and blog posts) (the News Feed);
A rewards and perks platform through which you can access discounts and offers on a range of products provided by our network of third-party partners (Work & Perks); and
A counselling and well-being service (the EAP & Wellness Services) through which you can access various wellness resources, assessments, and our Employee Assistance Program, which may include counselling sessions with trained health professionals, (collectively, EAP Counsellors).
This Policy covers only LifeWorks practices with respect to your use of the LifeWorks Services. We do not control the privacy practices of third parties, including your Sponsoring Organization or any insurers that offer access to the LifeWorks Services through your Sponsoring Organization.
LifeWorks collects, uses, shares, and secures Personal Information in accordance with applicable data protection laws, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the Personal Information Protection and Electronic Documents Act (PIPEDA), the EU General Data Protection Regulation (GDPR), and the Australian Privacy Act 1988 (Cth).
Section 2. Contact Details
EU/UK UsersFor users in the EU (including the UK), our full details are:
Full name of legal entity:
Work Angel Technologies Ltd, t/a LifeWorks
(Reg. No. 08223675)
Email address:
Postal address:
c/o LifeWorks
The Glassmill, 4th Floor
1 Battersea Bridge Road
London, SW11 3BZ
United Kingdom
Telephone number:
+44 (0) 20 3567 5900
Name or title of DPO:
Aphaia Ltd (which can be contacted at [email protected] )
Studio 5 155 Commercial St London E1 6BJ
+44 (0) 20 3290 4231
For the purposes of EU data protection law, including the GDPR, Work Angel Technologies Ltd. is the data controller and responsible for your Personal Information.
United States UsersFor users in the United States of America, our full details are:
Full name of legal entity:
LifeWorks US Inc.
Email address:
Postal address:
201 17th Street NW, Suite 630
Atlanta, Georgia 30363
USA
Telephone number:
+1 (877) 409-9287
Canadian UsersFor users in Canada, our full details are:
Full name of legal entity:
LifeWorks Canada Ltd.
MieuxVivre Canada Lte
Email address:
Postal address:
895 Don Mills Road
Tower One, Suite 700
Toronto, ON M3C 1W3
Canada
Telephone number:
+1 (866) 267-6255
Australian Users For Users in Australia, our full details are:
Full name of legal entity:
LifeWorks.com Pty Ltd
Email address:
Postal address:
303 Collins St.
Melbourne VIC 3000
Australia
Telephone number:
+61 3 9658 0000
If you wish to make a complaint to the relevant regulatory authority for data protection issues, please seeSection 17of this Privacy Policy. We would, however, appreciate the opportunity to review and address your concerns before you approach any regulatory authority so please contact us in the first instance.
Section 3. Changes to this Policy and Your Duty to Inform us of Changes
It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if the Personal Information you provided changes during your relationship with us.
LifeWorks may update this Policy to reflect changes to our information practices. If LifeWorks makes any material changes to our Policy, those changes will apply to Personal Information we have already collected from you unless we are required to obtain your consent before making those changes. LifeWorks will endeavour to notify you of material changes; nevertheless, we encourage you to periodically review this page for the latest information on this Policy.
Section 4. Third Party Links and Other Sites
Our Website, App, and email communications may link to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share information about you. When you leave our Website or App, we encourage you to read the privacy policies of every website or application you visit. The websites or email communications of third parties may also link to our Website. LifeWorks is not responsible for the user terms, privacy policies or data practices of third parties, and information collected by third parties is not governed by this Policy.
Section 5. What Information Does LifeWorks Collect About You?
LifeWorks collects both Personal and Anonymous Information from you:
Personal Information means any information about an individual from which that person can be directly or indirectly identified and includes, where applicable, Sensitive Personal Information (as defined below).
Anonymous Information means information that does not and cannot directly or indirectly identify you. This includes Personal Information which has been anonymized or de-identified.
This Policy informs you about how we collect Personal Information about you. LifeWorks collects, uses, stores and transfers different kinds of Personal Information about you which may include the following categories of information:
Identity Information,including first name, maiden name, last name, username, employee number or similar identifier, marital status, job title, hire date, date of birth and reported gender.
Contact Information,including billing address, postal address, email address and telephone numbers.
Financial Information,including bank account, PayPal email address, payment card details and details about payments to and from you.
Technical Information,including internet protocol (IP) address, geolocation, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system (including the type of device you are using) and other technology about the devices you use to access our Website and/or our App.
Profile Information,including your username and password, product and service purchases or orders made by you through our Website or App, digital content you have clicked on and consumed in our Website or App, your interests, preferences, feedback, comments, survey responses, task or assessment completion status within our Website and/or App, recognition you give or receive, badges earned, leader board standing points, spot rewards given or earned, Work & Perks use, client funded rewards earned, your tier status (bronze, silver, gold, platinum), total points achieved, monthly tracking, tracking to next tier (i.e. points left to go), challenges joined but not completed, challenges joined and completed, and challenge leader board standings.
With your permission, LifeWorks also collects Sensitive Personal Information whichmeans:
Health Information,such as information regarding your physical and/or mental health which we receive in connection with your use of the EAP & Wellness Services, through connected devices or wearable technology (for example, health-related daily activity loaded from your tracker or app via Apple Health, Google Fit, Fit Bit, pedometers, heart rate monitors or other similar device and wearable), or through any health risk assessment you complete;
Biometric Information, including: weight, height, body mass index (calculated with weight and height), waist circumference, total cholesterol, low-density lipoprotein, high-density lipoprotein, triglycerides, glucose, blood pressure, sleep patterns or other similar information provided by you or collected by your devices or wearables;
Lifestyle Information, including: alcohol consumption, tobacco/nicotine use; eating and nutrition (e.g. number of servings of food groups and nutrition related questions), cardiovascular disease risk, emotional well-being (e.g. depression and stress), readiness to change;
Claims Information,such as information disclosed to us by your insurance, health plan provider, or plan sponsor regarding claims you have made under your policy and/or other information you provide separate permission for us to receive, which may include Health Information; and
Other informationyou disclose to us about your race, ethnicity, sexual orientation, sex life, genetic data, biometric data, religious or philosophical beliefs, political opinions or trade union membership.
Please note that the above list is a summary description of the types of data we may collect from you, or about you. Whether or not we actually obtain any such information depends on what LifeWorks Services your Sponsoring Organization chooses to make available to you, what LifeWorks Services you choose to participate in, and what information you choose to provide to us by using the LifeWorks Services available to you.
We also collect, use and share aggregated information such as statistical or demographic information for any purpose. Aggregated information may be derived from your Personal Information but is not considered Personal Information in law as this information does not directly or indirectly reveal your identity. However, if we combine or connect aggregated information with your Personal Information so that it can directly or indirectly identify you, we treat the combined information as Personal Information which will be used in accordance with this Policy.
Section 6. What IfYou Choose Not to Provide Personal Information?
Where we need to collect Personal Information by law, or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the LifeWorks Services). In this case, we may have to cancel the relevant LifeWorks Services you have with us, but we will notify you if this is the case at the time.
Section 7. PersonalInformation of Minors
LifeWorks Website and App are not directed toward children. We do not knowingly collect, use or post Personal Information from children under the age of thirteen (13). If we determine upon collection that a user is under this age, we will not use or maintain his or her Personal Information without parent or guardian/custodian consent. If we become aware that we have unknowingly collected Personal Information from a child under the age of thirteen (13), we will make commercially reasonable efforts to delete such information from our records. In order for any child under the age of thirteen (13) to access any of our EAP & Wellness Services, the parent or guardian/custodian of such child must contact LifeWorks on their behalf.
Section 8. How Does LifeWorks Collect Your Personal Information?
We use different methods to collect information from and about you including:
Direct interactions: You give us your Personal Information when you use and interact with LifeWorks Services through our Website and/or App, by filling in forms (including online forms) or by corresponding with us by conventional post (or mail), phone, email or otherwise. This includes Personal Information you provide when you:
create an account through our Website or App;
make booking requests or perform other transactions through our Website or App, including Work & Perks products and rewards;
report a problem or submit queries, concerns or comments regarding the content on our Website or App;
enter a competition, challenge, promotion or survey that LifeWorks may from time to time run on the Website or App or through a separate service;
upload data from your connected devices or wearable technology;
post on our Website or App, including in the form of comments or contributions to discussions;
request sessions with an EAP Counsellor;
request to participate in a chat and/or video session;
give us feedback; or
request marketing materials to be sent to you.
Automated technologies or interactions: As you interact with our Website or App, we may automatically collect Technical Information (including, with your permission, your geolocation) about your equipment, browsing actions and patterns. We collect this Personal Information by using cookies, server logs and other similar technologies. We may also receive Technical Information about you if you visit other websites employing our cookies.Please see ourCookie Policyin Part B below.
Third parties and publicly available sources: We may receive Personal Information about you from various third parties, including EAP Counsellors in relation to your use of our EAP & Wellness Services, your Sponsoring Organisation (including, if applicable, your insurance provider, health plan provider, or plan sponsor), and web traffic analytics providers such as Google Analytics, or from publicly available sources (e.g. social media).
Section 9. How and Why Does LifeWorks Use Your Personal Information?
We only use your Personal Information when the law in your jurisdiction allows us to. We use your Personal Information for the purposes set out in the chart below (see the column titled Purpose/Activity).
EU data protection law requires us to be specific about our reasons or legal grounds for using your Personal Information. Accordingly,for EU users only, we identify the following grounds for using your Personal Information:
where we need to perform the contract we are about to enter into or have entered into with you (Contract Performance) (for example, the User Terms you agree to when you create an Account is a contract between you and LifeWorks);
where it is necessary for our legitimate interests (i.e. we have a legitimate business or commercial reason for using your information), and your interests and your fundamental rights do not override those interests (our Legitimate Interests);
where we need to comply with a legal or regulatory obligation (our Legal Obligation); and/or
where you have provided your consent (Consent) or, in the case of Sensitive Personal Information, when you have provided your explicit consent to our collection of that Sensitive Personal Information (Explicit Consent).
Set forth below is a description of the ways we will use your Personal Information and,for EU users only, the grounds we may rely on to do so, including our Legitimate Interests. Please note that we may process your Personal Information for more than one ground depending on the specific purpose for which we are using your information. Please contact us if you need details about the specific ground we are relying on to process your Personal Information where more than one ground has been set out in the table below. Except for the purposes for which we use your Personal Information set out in the Purpose/Activity column, nothing in the chart below is intended to bind LifeWorks in respect of its non-EU users.
Purpose/Activity
(All users)
Reason/Legal Ground
(EU users only)
Legitimate Interest
(EU users only)
Create and administer your account when you register
Contract Performance
Legitimate Interests
Efficiently fulfilling our legal and contractual duties
Providing high quality customer service
Identify you when you sign in to your account for authentication purposes, including matching you with your Sponsoring Organization information in order to confirm that you are employed or otherwise associated with them
Contract Performance
Legitimate Interests
Efficiently fulfilling our legal and contractual duties
Providing high quality customer service
To communicate with you and respond to your inquiries, including responding to and resolving complaints
Contract Performance
Legitimate Interests
Legal Obligation
Complying with regulations that apply to us
Efficiently fulfilling our legal and contractual duties
Providing high quality customer service
To enable LifeWorks to process your orders through our Website or App, including in relation to Work & Perks, and to provide you with the services and information which you request
Contract Performance
Legitimate Interests
Efficiently fulfilling our legal and contractual duties
Providing high quality customer service
Providing our customers with high quality products, services and features
To administer auditing, billing and reconciliation activities and other financial and payment-related functions (including verification) in relation to payments you make through our Website or App
Contract Performance
Legitimate Interests
Legal Obligation
Efficiently fulfilling our legal and contractual duties
To exercise our rights in agreements and contracts to which we are a party
Contract Performance
Legitimate Interests
Efficiently fulfilling our legal and contractual duties
To collect your real-time location to provide location services requested by you
Consent
Contract Performance
Legitimate Interests
Providing our customers with high quality products, services and features
Keeping our products, services and features updated and relevant
To provide and manage the activities, challenges, recognition, rewards, and other social engagement services as part of the News Feed environment on our platform, which includes collecting information relating to the recognition of other users and colleagues (NOTE: such information can be viewed by other users and your Sponsoring Organization)
Legitimate Interests
Contract Performance
Consent
Providing high quality customer service
Providing our customers with high quality products, services and features
Keeping our products, services and features updated and relevant
To send you information LifeWorks thinks you (or your Sponsoring Organization, in the case of authorized administrators) may find useful or which you have requested from LifeWorks, including receipt of marketing communications such as our periodic newsletter and information about our products and services
Consent
Explicit Consent
Contract Performance
Legitimate Interests
Developing products and services, and adjusting what we charge for them
Defining types of customers for new products or services.
Seeking your consent when we need it to contact you
To conduct research and analysis to improve the quality of our marketing and the experience of and relationships with our customers
Consent
Explicit Consent
Legitimate Interests
Developing products and services, and adjusting what we charge for them
Keeping our products, services and features updated and relevant
To provide aggregate transaction data to your Sponsoring Organization (subject to our contract with your Sponsoring Organization) for the purpose of informing your Sponsoring Organization about its employees preferred retailers and offers
Contract Performance
Legitimate Interests
Providing high quality customer service
Efficiently fulfilling our legal and contractual duties
To log EAP & Wellness Services activities and provide anonymized summaries to Sponsoring Organizations for reporting purposes
Contract Performance
Legitimate Interests
Legal Obligation
Efficiently fulfilling our legal and contractual duties
Providing high quality customer service
Providing our customers with high quality products, services and features
To provide you with counselling and well-being treatment as part of our EAP & Wellness Services
Explicit Consent
Contract Performance
Legal Obligation
Providing our customers with high quality products, services and features
To analyse your Personal Information, including Sensitive Personal Information which we may receive through your use of our EAP & Wellness Services or which we may predict about you from other Personal Information about you or based on your use of our Website or the App, to provide you with personalized content and recommended features on LifeWorks News Feed
Explicit Consent
Legitimate Interests
Providing our customers with high quality products, services and features
Keeping our products, services and features updated and relevant
To report tax benefit information requested by your Sponsoring Organization concerning the value of Perks or Rewards you received, including by providing tax benefit information to your Sponsoring Organizations if it is your employer
Consent
Explicit Consent
Contract Performance
Legitimate Interests
Efficiently fulfilling our legal and contractual duties
To analyse your Claims Information (which you may permit LifeWorks to receive from your insurance or health plan provider) to provide you with personalized content and recommended features on LifeWorks News Feed and as part of our Work & Perks services, including combining your Claims Information with other information about you, to predict content and features which are most relevant to you across the LifeWorks Services
Explicit Consent
Legitimate Interests
Providing our customers with high quality products, services and features
Keeping our products, services and features updated and relevant
To administer and protect the security of our business and the LifeWorks Website and App (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
Contract Performance
Legitimate Interests
Legal Obligation
Developing and improving the network security, efficiency and technical specification of our IT systems and infrastructure
To comply with our contracts or applicable law, including to investigate, prevent or take action in connection with a legal proceeding or legally binding request, the enforcement of our User Terms with you, requests for customer service, requests relating to tax benefits, technical issues, protecting the rights, property or personal safety of LifeWorks, its users or the public, defending legal claims or as otherwise permitted or required by law
Contract Performance
Legitimate Interests
Legal Obligation
Complying with regulations that apply to us
Efficiently fulfilling our legal and contractual duties
Providing our customers with high quality products, services and features
Keeping our products, services and features updated and relevant.
To develop, manage and improve the LifeWorks Services (including conducting research and analysis) and to test new products, services, and features of the Website or the App
Contract Performance
Legitimate Interests
Legal Obligation
Providing our customers with high quality products, services and features
Keeping our products, services and features updated and relevant.
To run our business in an efficient and proper way, including in respect of our financial position, business capability, corporate governance, audit, strategic planning and communications
Legitimate Interests
Legal Obligation
Complying with regulations that apply to us
Efficiently fulfilling our legal and contractual duties
Section 10. Your Choices
Please see the subject headings below for more information about how and when LifeWorks uses your Personal Information:
Marketing: We strive to provide you with choices regarding certain Personal Information uses, particularly around marketing and advertising. One of the ways we use your Personal Information is to form a view on what we think you may want or need, or on what may be of interest to you and you may receive personalised content, including marketing communications, from us. We will provide you with the appropriate opt-out. In addition, we will obtain your consent before we share your Personal Information with any person or entity outside the LifeWorks group of companies for marketing purposes. You can ask us to stop sending you transactional messages at any time by logging into the Website or the App and checking or unchecking relevant boxes to adjust your preferences. You can ask us to stop sending you marketing emails by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Cookies: You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the LifeWorks Services may become inaccessible or not function properly. For more information about the cookies we use, please seeour Cookie Policy in Part B below.
Location Information: You may opt out at any time from allowing location access by LifeWorks to your location information in Location Services under the Settings tab in your account. You can also stop all information collection by uninstalling our App. You may use the standard uninstall processes as may be available as part of your mobile device or via the App market place network.
Do Not Track Mechanisms: California law requires this Policy to address how we respond to any Do-Not-Track (DNT) signal delivered by your browser. Because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, we currently do not make any guarantee that we will honour DNT signals.
Change of Purpose: 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. 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.
PLEASE NOTE THAT WE MAY PROCESS YOUR PERSONAL INFORMATION WITHOUT YOUR KNOWLEDGE OR CONSENT WHERE THIS IS REQUIRED BY LAW.
Section 11. How Does LifeWorks Share Your Personal Information?
We require all third parties to respect the security of your Personal Information and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Information for their own purposes and only permit them to process your Personal Information for specified purposes and in accordance with our instructions. LifeWorks may have to share your Personal Information with the parties set out below for the purposes set out in the table above (see Section 9of this Privacy Policy). In relation to the EAP & Wellness Services, LifeWorks will only disclose such Personal Information as is strictly needed for such services (e.g. name to start a live chat session).
LifeWorks Family of Companies: LifeWorks may disclose your Personal Information to any other LifeWorks entity, subject to applicable law (including affiliates of our parent, Morneau Shepell, Inc.). We may also disclose your Personal Information to our agents and contractors, who will only use your information to the extent necessary to perform their function.
EAP Counsellors: LifeWorks shares your Personal Information, including your Sensitive Personal Information with EAP Counsellors who may provide you with wellbeing and counselling services and/or treatment as part of the EAP & Wellness Services.
Work & Perks Partners: LifeWorks may share your Personal Information with the companies that participate in LifeWorks Work & Perks service offering. These third parties provide products or services which may be of interest to you through LifeWorks Website and App.
Service Providers: LifeWorks may share your Personal Information with companies or individuals that provide us with services. These services may include, among other things, providing products or services to you or your Sponsoring Organization on our behalf, creating or maintaining our databases, researching and analysing the usage and performance of the Website or the App, preparing and distributing communications, and responding to inquiries. In relation to the EAP & Wellness Services, LifeWorks only shares anonymized information with such service providers.
General Public and Other Website or App Users: LifeWorks may decide to allow users to share comments, blog postings, testimonials, or other similar information. If you choose to submit such information to LifeWorks, the information that you submit may be available generally to the public.Information you provide in these areas of the Website and/or the App may be read, collected, and used by others who access them. LifeWorks may make the chat rooms, message boards, news groups and/or other forums on its Website and App available to all its users. Any information that is disclosed in these areas may be visible to others within your network (company). You should exercise caution when using these and never disclose your Personal Information or make any statement that you would not wish others to see.
Successor Organisations following a Business Transition: In the event that LifeWorks, or any portion of our assets, are acquired by a third party, LifeWorks may share your Personal Information with the acquiring company or business subject to applicable law.
Law Enforcement Agencies: LifeWorks may report to law enforcement agencies any activities that we are obligated to disclose under mandatory reporting rules, that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity. In addition, subject to applicable law, LifeWorks reserves the right to release your Personal Information to law enforcement agencies if LifeWorks determines that you have violated our policies or terms of use, or the release of your Personal Information may protect the rights, property, or safety of LifeWorks, its employees and agents or any other person. We may be required to disclose Personal Information in response to a legal inquiry by public authorities, including but not limited to meeting national security or law enforcement requirements.
Government, Regulatory or Court Authorities: LifeWorks may share your Personal Information with governmental entities, regulatory authorities or third parties in response to subpoenas, court orders, other legal process, or as LifeWorks believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against LifeWorks, or to defend against possible legal claims that LifeWorks determine might be brought against LifeWorks.
Third Party Operators of Online Applications and Tools available through our Website or App: LifeWorks offers tools and applications on our Website and App, such as chat and video technology, health assessments and calculators, wearable devices and financial calculators, that are powered by third parties.If you use those applications or tools, any Personal Information that you provide may be shared with the third party that provides that functionality. The third partys use of any Personal Information they collect is subject to their privacy policy.
Your Sponsoring Organization or Health Plan Provider: LifeWorks provides aggregated and statistical information to your Sponsoring Organization or in some instances (and where applicable) your health plan provider. The aggregate information assists in program planning to improve the overall health of Sponsoring Organizations user population health, and/or to evaluate LifeWorks performance. In addition, your Sponsoring Organization may have access to the News Feed and Work & Perks social media environment (i.e. relating to challenges, leaderboards, rewards and recognition) available to all of your colleagues for the purposes of offering and managing awards, incentives, competitions and similar features open to participants from your Sponsoring Organization. Finally, provided you explicitly agree when signing up to the program, LifeWorks may also share your individual Personal Information if you participate in a LifeWorks wellness program promoted by your Sponsoring Organization.
We may share aggregated, pseudonymous and/or de-identified information (including demographic information) about you with your Sponsoring Organization (for contractually specified reporting and statistical usage purposes), our service providers and subcontractors (including our retailer Work & Perks partners), measurement analytics providers, apps, or other companies including for use in creating marketing materials, cases studies and statistical analyses.
Section 12. International Transfers
If you are an EU/UK User:
We share your Personal Information within the LifeWorks group of companies. For EU residents, this means that we may transfer your data outside the European Economic Area (EEA). Where we transfer Personal Information to LifeWorks US Inc. (or any of our other US affiliates), we do so pursuant to the Privacy Shield framework. In addition, many of our external third parties are based outside the EEA, so their processing of your Personal Information will involve a transfer of information outside the EEA. Whenever we transfer your Personal Information out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
we will only transfer your Personal Information to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
where we use certain service providers, we may use specific contracts approved by the European Commission which give Personal Information the same protection it has in Europe; or
where we use providers based in the US, we may transfer information to them if they are part of the Privacy Shield which requires them to provide similar protection to Personal Information shared between Europe and the US.
Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Information out of the EEA.
If you are an Australian User:
We may disclose your Personal Information to overseas recipients for the purposes outlined in this Privacy Policy. You acknowledge that these recipients may not be specifically bound by or accountable under the Australian Privacy Principles. By providing your personal information to us, you consent to this disclosure.
Section 13. LifeWorks Privacy Shield Certification
LifeWorks complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union to the United States. LifeWorks has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. In particular, LifeWorks will comply, and will require its third-party service providers to comply, with the Accountability for Onward Transfer principle in relation to any onward transfer of your Personal Information after it is transferred to the United States under the Privacy Shield. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall apply. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
In compliance with the Privacy Shield Principles, LifeWorkscommits to resolve complaints about our collection or use of your Personal Information. EUindividuals with inquiries or complaints regarding our obligations under the Privacy Shield should first contact LifeWorks at:
Name:
LifeWorks US Inc.
Address:
201 17th Street
Suite 630
Atlanta, GA 30363
USA
Email:
LifeWorkshas further committed to refer unresolved Privacy Shield complaints to JAMS ADR (www.jamsadr.com), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgement of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit JAMS ADR for more information or to file a complaint. The services of JAMS ADR are provided at no cost to you.
Name:
JAMS ADR
Address:
One Atlantic Center 1201 West Peachtree, NW, Suite 2650 Atlanta, GA 30309 USA
Telephone:
+1(404) 588-0900
If you are not satisfied with the outcome of the above recourse mechanism, you may seek arbitration with us for certain residual claims (the Arbitration Option), to determine whether we as a Privacy Shield organization have violated our obligations under the Principles of the Privacy Shield, and whether any such violation remains fully or partially unresolved. The Arbitration Option is not available in certain circumstances such as disputes concerning the exceptions to the Privacy Shield Principles or claims questioning the adequacy of the Privacy Shield framework. Under the Arbitration Option, the Privacy Shield Panel (consisting of one or three arbitrators, as agreed by the parties) has the authority to impose individual-specific, non-monetary equitable relief (such as access, correction, deletion, or return of the individuals data in question) necessary to remedy the violation of the Principles only with respect to you. In considering remedies, the arbitration panel is required to consider other remedies that already have been imposed by other mechanisms under the Privacy Shield. No damages, costs, fees, or other remedies are available. Each party bears its own attorneys fees.
If you decide to invoke the Arbitration Option, you must take the following steps prior to initiating an arbitration claim: (1) raise the claimed violation directly with us and afford us the opportunity to resolve the issue within 45 days; (2) make use of the independent recourse mechanism referred to above, which is at no cost to you; and (3) raise the issue through your data protection authority to the Department of Commerce and afford the Department of Commerce an opportunity to use best efforts to resolve the issue within the timeframes set forth in the Letter from the International Trade Administration of the Department of Commerce, at no cost to the individual.
Section 14. How Does LifeWorks Secure Your Personal Information?
We take reasonable steps to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your Personal Information to our employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Information on our instructions and they are subject to a duty of confidentiality. Furthermore, all LifeWorks employees, agents and contractors receive regular training on LifeWorks policies, procedures and standards on data protection and privacy.
We also maintain procedures to deal with any suspected Personal Information breaches and will notify you and any applicable regulator of a breach where we are legally required to do so.
Section 15. How Long Does LifeWorks Retain Your Personal Information?
LifeWorks retains your Personal Information for only as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.
In certain cases (such as for information relating to the provision of EAP & Wellness Services (including Sensitive Personal Information)), LifeWorks retains your Personal Information for up to seven (7) years.
As part of the Work & Perks service, LifeWorks retains your Personal Information for the duration of the contract with our Work & Perks Partner. At the end of the contract, LifeWorks retains your information for an additional ninety (90) days to ensure all claims have been satisfied.
In general, to determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, as well as the applicable legal requirements.
At the end of the applicable retention period, LifeWorks will either physically or electronically erase the Personal Information from our systems or will anonymize the Personal Information in a non-recoverable manner.
Section 16. What Rights Do You Have In Connection With Your Personal Information?
Depending on where you are located, you may have the following rights in connection with your Personal Information:
Right to withdraw consent at any time: This applies where we are relying on consent to process your Personal Information and you can exercise this right by using this form. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide the LifeWorks Services to you. We will advise you if this is the case at the time you withdraw your consent.
Request access to your Personal Information: This enables you to receive a copy of the Personal Information we hold about you and to check that it is accurate and that we are processing it lawfully. Where Personal Information is not made directly available to you, please contact us using this form.
Object to our processing of your Personal Information: This enables you to object to processing of your Personal Information where we are relying on a legitimate interest and there is an impact on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override certain of your rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes, but this may prevent you from further using certain of our Services, including Works & Perks. The marketing emails we send you will provide you with the opportunity to unsubscribe.
Request correction of your Personal Information: This enables you to have any incomplete or inaccurate Personal Information we hold about you corrected, though we may need to verify the accuracy of the new Personal Information you provide to us.
Request erasure of your Personal Information: This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. Where we comply with your request, for technical reasons your Personal Information may remain on our backup or archive systems for a period of time. Any such Personal Information is beyond commercial use and not generally accessible by LifeWorks personnel.
Request transfer of your Personal Information: This enables you to request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Request restriction of processing: This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the informations accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the Personal Information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your Personal Information but we need to verify whether we have overriding legitimate grounds to use it.
Right not to be subject to a decision based on automated profiling: This applies where the automated processing produces legal effects on you or similarly significantly affects you. Note, it does not apply if the decision (a) is necessary for us to perform any contracts between you and us, (b) is authorized by applicable law, or (c) is based on your Explicit Consent. However, where (a) or (c) applies, you have the right to obtain human intervention. You also have the right to be informed of the logic involved in such processes.
Make a complaint: You have the right to make a complaint at any time to the relevant regulator or data protection authority in the country in which you reside. Please seeSection 17of this Privacy Policy.
Please note that with the exception of your rights described in the paragraph titled make a complaint above, you cannot request to exercise any of the above rights after your Personal Information has been deleted, anonymized or de-identified.
You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Section 17. Who Supervises LifeWorks Activities And How Do You Contact Them?
In the United States, LifeWorks US Inc., is subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC). The FTC can be contacted by calling the FTCs Consumer Response Center at 1-877-FTC-HELP (1-877-382-4357) or at https://www.ftc.gov/news-events/media-resources/identity-theft-and-data-security/filing-complaint.
In Canada, LifeWorks Canada Ltd. is subject to the Privacy Commissioner of Canada or the Privacy Commissioner in the applicable province: Office of the Privacy Commissioner of Canada, 30 Victoria Street, Gatineau, Quebec, K1A 1H3, Phone: 1-800-282-1376.
In the EU and the UK, Work Angel Technology Ltd (trading as LifeWorks), is supervised by the UK Information Commissioners Office, Phone: +44 1625 545 700, Email: https://ico.org.uk/global/contact-us/email/.
To contact other European data protection authorities directly see http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm. We commit to cooperate with EU data protection authorities and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship or other relationship you have with your Sponsoring Organization.
In Switzerland, we are subject to the Swiss Federal Data Protection and Information Commissioner, Office of the Federal Data Protection and Information Commissioner FDPIC, CH 3003 Berne, Telephone: +41 (0)58 462 43 95.
In Australia, we are subject to the Australian Information Commissioner, Office of the Australian Information Commissioner, GPO Box 5218, Sydney NSW 2001, Telephone: +61 1300 363 992, Email [email protected].
PART B -COOKIES POLICY
Section 1. Cookies Generally
Many sites use cookies, which are pieces of information that include a unique reference code that a website transfers to your devices to store and sometimes track information about you. Our Website and App use cookies to distinguish you from other users of our Website or App. This helps LifeWorks to provide you with a good experience when you browse our Website or App and also allows us to improve our site.
A number of cookies LifeWorks uses last only for the duration of your web session and expire when you close your browser. Other cookies (known as persistent cookies) which are used to remember you when you return to the Website or App will last for longer. LifeWorks uses persistent cookies on our Website and App to allow us to personalize your experience.
Section 2. CookiesWe Use
The table below explains the cookies LifeWorks uses and why:
Company
Cookie
Purpose
Expiry
LifeWorks
WAM_AUTH
wamToken
To maintain your browsing session between webpages, and between the Website or App and API (application programming interface).
End of the session.
LifeWorks
lw_language
To track the language in which our Website or App is displayed.
This cookie is stored locally and is not transmitted with each HTTP request.
This cookie does not expire in order to ensure the login page is displayed in your chosen language.
LifeWorks
wamMe
wamT
persistence
To keep you logged in between webpage changes.
These cookies are stored locally and are not transmitted with each HTTP request.
When you log out of the LifeWorks platform.
LifeWorks
walkthroughExcludeList
To provide a walkthrough for first time users.
This cookie is stored locally and is not transmitted with each HTTP request.
This cookie does not expire to ensure you do not see the walkthrough more than once.
LifeWorks
cinemas*
giftCards*
To track an order when the connection to the Website or App is interrupted.
These cookies are stored locally and are not transmitted with each HTTP request.
These cookies do not expire.
LifeWorks
ZenDesk
_help_center_session
_zendesk*
To provide you with a better experience in the LifeWorks Helpdesk area.
The expiry times of these cookies vary.
Please refer to ZenDesks Cookies Policy.
LifeWorks
OneHippo
AWSELB
To serve you with Employee Assistance Program content from our Content Management System.
End of the session.
Google Analytics
_ga
_gat
_gid
To collect non-personal information about how visitors use the LifeWorks Website or App, which LifeWorks uses to monitor the performance of the Website and App and to improve the Website or App where necessary.
Please refer to the Privacy Policy and/or Cookies Policy of the relevant company.
Stripe
__stripe_mid
__stripe_sid
To facilitate the payment process between LifeWorks and Stripe, our payment provider.
Google
CONSENT
DV
NID
1P_JAR
Google uses these cookies to enable advertising personalization, to track conversion rates and to check whether consent has been given.
Amazon Cloudfront
Cloudfront-*
To ensure you have permission to access certain content available on the LifeWorks platform.
Section 3. Third Party Cookies
In addition to the cookies LifeWorks delivers to your computer or mobile device through this Website or App, certain third parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Website and App. To learn more about Google Analytics, click here.
Other third parties may deliver cookies to your computer or mobile device for the purpose of tracking your online behaviours across non-affiliated websites and delivering targeted advertisements either on this Website or App or on other websites.
Section 4. Opting Out
You have choices about the collection of information by third parties on our Website or App. For example, if youdon'twant information about your visit to our Website or App sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Please note that the Add-on does not prevent information from being sent to LifeWorks. In addition, if you would like to opt out of having participating entities collect your online behaviour for advertising purposes when you are browsing our websites, click here for a Website Opt Out. You will be directed to an industry-developed website that allows you to choose whether each listed entity may collect and use data for interest-based advertising purposes. It may be that some of the third parties that collect interest-based information on this Website or App do not participate in the Website Opt Out, in which case the best way to avoid third-party tracking of your online behaviours may be through your browser settings and deletion of cookies.
The Website Opt Out described above works only on websites. To opt out of having participating entities track your behaviours for advertising purposes when you are using our mobile apps, download and use the Digital Advertising Alliances App Choices app. As with the Website Opt Out, the Mobile App Opt Out prevents tracking only by participating entities.
Please note that the Website Opt Out and Mobile App Opt Out are device specific. If you wish to opt-out from having interest-based information collected by participating entities across all devices, you need to take the steps outlined above from each device.
Section 5. Further Information
If you choose, you can set your browser to reject cookies or you can manually delete selected cookies or all of the cookies on your computer by following your browsers help file directions. However, if your browser is set to reject cookies or you manually delete cookies, you may have some trouble accessing and using some of the pages and features that are currently on our Website or App, or that we may put on our Website or App in the future.
The information we collect using cookies and similar technologies may in and of itself personally identify you and we may link it to other personal information that you provide (please see our Privacy Policy in Part A above). The information we collect may depend on your browser settings.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org which includes information on how to manage your settings for the major browser providers.
*** End of Document ***
View ArticleThere are two different ways to sign up for LifeWorks.
1. Email invitation:If you have received an email invitation, follow the link in the email to create your LifeWorks account.
2. Sign up code:If your company has shared a signup code with you, visit login.lifeworks.com, select 'Sign up' in the top right-hand corner of the page and enter the code. Alternatively, you can download the free LifeWorks mobile app from the Apple App Store or Google Play Store on your smartphone and enterinvitation code on the 'Sign up' section.
If you haven't received an email or invitation code, please contact your HR/Benefits department or LifeWorks administrator to find out how to sign up.
If you have already registered, you can download the free LifeWorks mobile app from the Apple App Store or Google Play Store on your smartphone and press 'Log In'. Alternatively, visit LifeWorks on one of our supported browsers (Firefox, Safari, Google Chrome or Internet Explorer 11) and log in.
View ArticleTo log into LifeWorks, you will first need to beinvited by your company or organization. They will either provide you with a company-wide username and password, or will send you an individual invite to register with your email address.
If you have already registered, you can download the free LifeWorks mobile app from the Apple App Store or Google Play Store on your smartphone and press 'Log In'. Alternatively, visit LifeWorks on one of our supported browsers (Firefox, Safari, Google Chrome or Internet Explorer 11) and log in.
If you haven't been provided with login details or an inviteyet, please contact your HR/Benefits department or LifeWorks admin to find out how to sign up.
View ArticleIf you are using an invitation code, check that it matches and try again. Invitation codes are notcase-sensitive.Invite codes are single-use only. If you have already used the code provided please log in here with your username or via the "Login" button on the app. If you need to reset your password you can do so here or via the "Login" section on the app.If you haven't received an email or invitation code, please contact your HR/Benefits department or LifeWorks administrator to find out how to sign up.
Please ensure you are using one of our supported browsers (Chrome, Firefox, Safari and Internet Explorer 11) and that any form of private browsing is turned off.
View ArticleIf you have forgotten your password, you can click Forgotten Password next to the password field on the login page. You will then be asked to enter the email address that you registered to LifeWorks with. We will then send you an email with a link to reset your password.When you click on this, it will open a new window where you can enter a new password.
If you are already logged into LifeWorks but would like a newpassword you can update itvia Settings > Account Settings > Change Password, or follow this link. To create a new password you will first need to verify your existing one.
Please be aware, despite creating a new passwordyour web browser may still have the old one stored. When logging in again be sure to delete any pre-populated passwords and manually type in your new one.
Please make sure you are using one of our supported browsers (Chrome, Firefox, Safari and Internet Explorer 11) and that any form of private browsing is turned off.
If you have forgotten your username, please contact our Support Team.
View ArticleDepending on your signup method, you may be required to verify your email address. If this is the case, you will receive an email with a link.
Simply click on the link in the email, this will open a new window which will ask you to log in. Once you have logged in your email address will be verified.
View ArticleGlobal - Online Preview Message:
Before using this Website or App, you must register an account with us and agree to our Global User Terms please read them carefully and print a copy for your records. These User Terms constitute a legally binding agreement between you and LifeWorks.
See the glossary of the defined terms at the end of the User Terms.
SPECIAL MESSAGE FOR AUSTRALIAN USERS
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE USER TERMS, WE HAVE NO AFFILIATION WITH THE NON-PROFIT ENTITY NAMED LifeWorks Relationship Counselling and Education Services WHICH OPERATES THE FOLLOWING DOMAIN: https://lifeworks.com.au/.
* * *
LIFEWORKS BY MORNEAU SHEPELLGLOBAL USER TERMS
Section 1. WHO WE ARE
The Websiteand Appthat are governed by these User Termsare the ultimate property of Morneau Shepell Inc., a corporation organized under the laws of Ontario, Canada. Morneau Shepell Inc. owns and operates the LifeWorks business through its subsidiaries in Canada, the United States, the United Kingdom and Australia.For purposes of these User Terms, unless otherwise provided in these User Terms the Website and App are deemed to be owned and operated by LifeWorks Canada Ltd. (MieuxVivre Canada Lte), a Canadian federal corporation (referred to as LifeWorks", we, us or our in these User Terms). LifeWorks is a wholly owned subsidiary of Morneau Shepell Inc and our primary business address is 895 Don Mills Road, Tower One, Suite 700, Toronto, Ontario M3C 1W3, Canada. If you are accessing our Website or App from outside of Canada please refer to Appendix 3of these User Terms for more information about additional terms and conditions that may be applicable to you.
Section 2. TERMS OF USE
2.1These User Terms set out the basis on which we provide our Services via our Website and App to the following types of Users:
Individual Users who receive access to our products and services through their Sponsoring Organizations (Sponsored Users). Sponsored Users include, but are not limited to (a)employees who receive access to the Services through their employers or insurers, (b) plan sponsor beneficiaries who receive access to the Services through their plan sponsor, (c) labour union, trade organization or trade association members who receive access to the Services through their membership in such labour unions, trade organizations, or trade associations, and (d) students who receive access to the Services through their sponsoring educational institutions (e.g. universities and colleges).
Spouses, children, household dependents and other directly related individuals of Sponsored Users (Dependent Users), provided that such individuals are valid Dependent Users under the SPO Agreement applicable to the relevant Sponsored User.
Sponsoring Organizations (as account administrators) who are direct customers of LifeWorks and who offer our Services directly to their Sponsored Users, or who receive access to our Services from third-party resellers (such as insurance companies) who provide their Sponsoring Organization customers with individual administrator account privileges (collectively, SPO Administrators).
Insurers or other resellers of our Services who (a) offer our products and services to their Sponsoring Organization customers (who in turn offer the Services to their Sponsored Users), but (b) do not provide their Sponsoring Organization customers with individual administrator account privileges (Pass-Through Administrators).
In these User Terms, Sponsored Users, Dependent Users, SPO Administrators and Pass-Through Administrators are individually and collectively referred to as Users, you, your, and other similar words where the context requires such generic terms. Other defined terms are listed in Appendix 1at the end of these User Terms. Certain terms we are required to disclose to you from our third-party vendors are set forth in Appendix 2.
2.2By registering an Account to use our Services via this Website or App you agree to be bound by these User Terms. You may use the Website and App (a) only in accordance with these User Terms, (b) only for their intended purposes, (c) only in accordance with all applicable laws and regulations, and (d) only in a responsible manner. IF YOU DO NOT AGREE TO THESE USER TERMS, THEN YOU MAY NOT USE THE WEBSITE OR APP AND YOU WILL NOT RECEIVE THE SERVICESAVAILABLE THROUGH THE WEBSITE OR APP.IF, AT ANY TIME AFTER AGREEING TO THESE USER TERMS, YOU FAIL TO COMPLY WITH THESE USER TERMS, WE RESERVE THE RIGHT TO SUSPEND AND/OR TERMINATE OUR SERVICES AND RESTRICT OR CANCEL YOUR ACCOUNT AND YOUR ACCESS TO OUR WEBSITE AND APP WITHOUT NOTICE.
2.3If you are registering as an administrator for an Account on behalf of a Pass-Through Administrator, you are deemed to be agreeing to these User Terms both on your own behalf and on behalf of your Users. If you are registering as an administrator for an Account on behalf of a SPO Administrator, you are deemed to be agreeing to these User Terms both on your own behalf and on behalf of your Users. In either case, by making such a registration, you warrant that you, individually, are a duly authorized representative of a Pass-Through Administrator or a SPO Administrator and that you, individually have the power and authority to bind both you and your Pass-Through Administrator or SPO Administrator (as applicable) by accepting these User Terms and any other terms and policies we may require you to accept in connection with the Services.
2.4We reserve the right to update or amend these User Terms from time to time. Updates and amendments to these User Terms are effective upon posting by us on the Website or App and your continued use of our Services and the Website or App shall constitute your automatic acceptance of such updates and amendments. For information purposes only, we shall also endeavour to notify you by email whenever we materially update or amend these User Terms; however, any failure by us to so notify you shall not change the binding nature of the updated or amended User Terms.We may also, in certain circumstances, require you to expressly indicate your acceptance of certain updates or amendments when you log into your Account (or, in the case of SPO Administrators or Pass-Through Administrators, when your authorized administrator logs into your admin Account), in which case you will not be able to continue using the Services until you have done so.
Section 3. ADDITIONAL TERMS INCORPORATED BY REFERENCE
The following terms, and any subsequent amendments thereto, also form part of these User Terms and are, where relevant, incorporated by reference:
(a)our Website Terms of Use (a current copy of which is available at www.lifeworks.com );
(b)our Privacy Policy (a current copy of which is available at www.lifeworks.com );
(c)our Cookie Policy (a current copy of which is available at www.lifeworks.com );
(d)any consents you provided (or that you may provide in the future) when you log into our Website or App (which you may change by visiting the Settings section in your Account profile);
(e)for Pass-Through Administrators and SPO Administrators, our SPO Agreement with you or, if applicable, the terms of service between you and any third-party provider or reseller of our Services to you;
(f)for Sponsored Users, any terms and conditions that may be applied to you by your Sponsoring Organization (please ask your Sponsoring Organization for details); and
(g)any amendments, modifications or updates made to the foregoing from time to time.
Section 4. SERVICES, WEBSITE AND APP
4.1We provide traditional employee assistance program services (including clinical and non-clinical counselling services), health and wellness education and content services, community based communication services, perks and savings programs (including rewards, incentives, cashback opportunities, discount programs, gift cards and other consumer retail offers), and community recognition services, most of which are deployed in the cloud, and all of which may be accessed through our Website or our App (the Services). Sponsoring Organizations contract with us to choose the Services that will be available to their Sponsored Users, and your Account will allow you to access only those Services chosen by your Sponsoring Organization. In general, our Services allow you to do the following (if enabled by your Sponsoring Organization):
(a)access a variety of resources and tools to help you (and your dependents if applicable) manage personal issues at work or at home, including the EAP Services described in these User Terms;
(b)access a variety of dining, online shopping, local, in-store shopping and gift card deals;
(c)obtain a cash-like credit from us (which may be withdrawn or applied to offers on our Website or App) upon completion of a qualifying transaction with a participating Retailerin accordance with Section 9of these User Terms (CashBack);
(d)receive Rewards allocated to you by your Sponsoring Organization in recognition of an achievement or other activity relating to your employment (as more fully described in Section 10of these User Terms), which may be redeemed by you in accordance with Section 10(a Spot Reward);
(e)achieve Rewards by participating in our well-being programs and offerings (as more fully described in Section 10of these User Terms), which may be redeemed by you in accordance with Section 10(a Well-Being Reward);
(f)unlock different tiers of Perks by achieving points in our well-being programs and offerings, which may lead to CashBack or Well-Being Rewards (as more fully described in Section 10of these User Terms);
(g)communicate certain information with fellow Sponsored Users, including by giving and receiving recognition to or from other Sponsored Users in accordance with Section 12of these User Terms;
(h)access health and wellness resources, including but not limited to our interactive Health Risk Assessment and behavioural modification programs, described in Section10.4and other resources described in Section 13.1of these User Terms.
Particular provisions relating to these Services, including restrictions and limitations applicable to these Services, are further described in these User Terms.
4.2Your access to and use of the Website or App is made available on an as is and as available basis at your sole risk. We do not warrant to you that your access to and use of the Website or App will be uninterrupted or error-free.
4.3We (or your Sponsoring Organization) may change or cease to offer certain features or programs forming part of the Services from time to time and without notice. We do not warrant to you that any particular content will be available as part of the Services either via the Website or the App.
4.4We reserve the right to change the design, features and/or functionality of the Website and/or App and we may make available updates or replacement versions of the App for download. You are not obliged to download any updates or replacement versions of the App, but we may cease to provide or update content to prior versions of the App.
4.5The App may only be downloaded, accessed and used on a device owned or controlled by you or your Sponsoring Organization and running the relevant operating system for which the App was designed, so it is your obligation to make sure that you have a compatible device that meets all of the necessary technical specifications to enable you to download, access and use the App and its various features.
4.6NOTWITHSTANDINGANYTHINGTO THE CONTRARY IN THESE USER TERMS, WE HAVE NO AFFILIATION WITH THE NON-PROFIT ENTITY NAMED LifeWorks Relationship Counselling and Education Services WHICH OPERATES THE FOLLOWING DOMAIN: https://lifeworks.com.au/.
Section 5. REGISTERING AN ACCOUNT
5.1In order to use the Services, you must register a valid Account and:
(a)be an individual;
(b)be at least 18 years old if you will be processing a credit card payment, withdrawing any CashBack or redeeming any Rewards;
(c)at all times, be eligible to use our Services pursuant to the terms and conditions in your Sponsoring Organizations SPO Agreement;
(d)agree to comply with these User Terms for as long as your Account is open; and
(e)ensure the information in your Account (including in your profile) is accurate and updated regularly with any relevant changes.
5.2You must sign up directly with us (either via our Website or App) in order to be able to use the Services. When signing up, you must provide:
(a)your full legal name;
(b)a valid and subsisting email address;
(c)any other information reasonably requested by us as part of the sign-up process (such as a unique employee identification number, student identification number or membership identification number, if requested).
5.3You warrant that all information you provide to us when registering an Account is true and accurate. You must advise us if any of the information that you have provided to us in connection with your Account changes at any time during the term of these User Terms.
5.4We reserve the right in our absolute discretion to refuse to register any prospective User if that prospective User refuses to provide any details requested pursuant to these User Terms or we have reason to believe that any details that are provided are deliberately false or otherwise inaccurate.
5.5In establishing an Account, you must create a User name (which will be your email address) and password which must comply with our security requirements (which may involve a single-sign-on service feature authorized by your Sponsoring Organization). Your Account is personal and non-transferrable, and you must keep your User name and password confidential at all times. You are responsible for any abuse or misuse of your Account and you must immediately report to us any actual or suspected abuse or misuse of your Account. We reserve the right to suspend or terminate your Account at any time, including for security purposes.
5.6You may have only one Account; registration of secondary Accounts will be grounds for termination of all Accounts connected to you or beneficially controlled by you and we reserve the right to terminate any benefits accumulatedby you or for your benefitin connection with such any such Accounts without transfer or consolidation before termination.
5.7Notwithstanding anything to the contrary in these User Terms, if you deliberately provide any inaccurate or misleading information to us, or you conduct or facilitate anyfraudulent, criminal, abusive or inappropriate activity via our Website or App, we may suspend or terminate your Account without notice and may lose any amounts in your CashBack Wallet or your Rewards Account.IN ADDITION, IF YOU CONDUCT OR FACILITATE ANYFRAUDULENT, CRIMINAL, ABUSIVE OR INAPPROPRIATE ACTIVITY VIA OUR WEBSITE OR APP, WE RESERVE THE RIGHT TO DISCLOSE SUCH ACTIVITIES TO YOUR SPONSORING ORGANIZATION, INCLUDING YOUR SPEICIFC INVOLVEMENT IN ANY SUCH ACTIVITIES.
5.8Some SPO Agreements do not allow the creation of Dependent User Accounts. In certain circumstances, our SPO Agreement with your Sponsoring Organization may require Dependent Users to create limited or restricted Accounts. A limited or restricted Account is identical to a standard Account, but the associated Dependent User will be unable to access some features or Services otherwise available to the Sponsoring Organizations Sponsored Users. For example, a Dependent User will be unable to access the Sponsored Organizations directory feature on our App.
Section 6. USERS OUTSIDE THE TERRITORY; EXPATRIATE USERS
6.1The Services (including the Website and App) are designed and intended for your access and use within the Territory identified in your Sponsoring Organizations SPO Agreement. Therefore the Services available to Users within the Territory may be unavailable or may not work properly for Users outside of the Territory. Your Sponsoring Organization can identify the Territory for you or you may contact us via the Website and/or App. You acknowledge and agree that:
(a)we give no warranty that any Users located outsidethe Territory will be capable of accessing or using all or any of the Services or the Website and/or App, or that the Services, Website or App comply with any law or regulation applicable outside the Territory; and
(b)we shall have no liability to you for any loss, damage, cost or expense suffered, incurred or paid by you as a result of any claim that the Services, Website or App do not perform or function in accordance with these User Terms in the relevant location outside the Territory or that the Services, Website or App do not comply with any law or regulation applicable outside the Territory and any such failure to perform and/or function shall not constitute a breach of these User Terms.
6.2If you are an expatriate of your Sponsoring Organization or otherwise reside (temporarily or permanently outside of the Territory):
(a)you may obtain more information about the availability of and your access to the Website and/or Appby contacting us or your Sponsoring Organization;
(b)your use and access of the Website or App will be deemed by you and us to have been made from within the Territory, subject to any additional provisions applicable to you set forth in Appendix 3to these User Terms; and
(c)except for offers available through our third-party vendors and partners (such as Retailers), or where otherwise prohibited by law or regulations applicable outside of the Territory, we shall use good faith commercially reasonable efforts to make all of the Services available to you.
Section 7. DATA PROTECTION AND PRIVACY
7.1These User Terms,as well as our Website Terms of Use, our Privacy and Cookie Policy and (each of which is available at www.lifeworks.com, as the same may be amended from time to time) govern our collection,confidentiality obligations, use, disclosure, retention,and destruction of anyPersonal Information you submit to LifeWorks via the Website and/or App, including any Personal Information you generated by your use of the Services. Please review and refer to our Privacy and Cookie Policy as it contains important information you should know about your data and other personal information about you.
7.2YOU MAY WITHHOLD YOUR CONSENT TO OURCOLLECTION, USE, PROCESSING, DISCLOSURE, RETENTION AND/ORDESTRUCTION OF YOUR PERSONAL INFORMATION BY CHOOSING TO NOT REGISTER AN ACCOUNT AND THEREFORE NOT ACCESSING ANY OF THE SERVICES. ONCE YOU HAVE GIVEN YOUR CONSENT TO LIFEWORKS, YOUMAY WITHDRAWN YOUR CONSENT IN WHOLE OR IN PARTAT ANY TIMEBUTANY WITHDRAWAL OF YOUR CONSENT WILL AFFECT THE SERVICES THAT LIFEWORKS IS ABLE TO PROVIDE TO YOU, AND MAY LIMIT YOUR ABILITY TO USE FEATURES ON THE WEBSITE AND/OR THE APP. IF YOU WITHDRAW YOUR CONSENTENTIRELYWE MAY TERMINATE YOUR ACCOUNT IMMEDIATELY.
7.3EXCEPT WHERE PROHIBITED OR LIMITED BY LAW, BY CREATING AN ACCOUNT AND AGREEING TO THESE USER TERMS, YOU RELEASE LIFEWORKS FROM ANY AND ALL LIABILITY ARISING FROM OUR COLLECTION, USE, DISCLOSURE, PROCESSING, RETENTION AND/OR DESTRUCTION OF YOUR PERSONAL INFORMATION PURSUANT TO THESE USER TERMS AND IN OUR PRIVACY POLICY (A CURRENT COPY OF WHICH IS AVAILABLE AT WWW.LIFEWORKS.COM ).
Section 8. RETAILERS
8.1We may as part of the Services, provide (via the Website or App) links to the websites of one or more participating Retailers of products or services. The number and identity of the Retailers may change from time to time, at our discretion, and the participation of any Retailer shall not be deemed to be an endorsement of such Retailer by us. By following web links on our Website or App you may choose to purchase goods or services or obtain a Reason Code for redemption against purchases from the Retailers concerned. Any purchases that you make from a Retailer will be subject to their terms and conditions and it is your responsibility as a consumer to carefully review those terms and conditions. With respect to Retailers, you acknowledge and agree that:
(a)we shall not be responsible for any act or omission of a Retailer;
(b)we do not endorse the goods or services made available by a Retailer and it is your responsibility to satisfy yourself as to the quality and suitability of such products or services, the specific terms of their sale and the reliability and creditworthiness of the Retailer;
(c)any information appearing on the Website or the App regarding a Retailer (the Retailer Information) is provided by that Retailer, constitutes a representation by that Retailer, and is the sole responsibility of that Retailer;
(d)we are not responsible for any Retailer Information;
(e)if you choose to purchase goods or services or obtain a Reason Code for redemption against purchases from a Retailer: (1) your purchase will be pursuant to contract between you and the Retailer alone, on the terms agreed between you and the Retailer; and (2) LifeWorks shall not be a party to such contract and neither shall we be responsible in any way for ensuring the Retailers performance under that contract or for the quality or safety of any goods or services you receive from that Retailer, including pursuant to that contract;
(f)our obligation to pay any CashBack to you relating to your purchase of eligible goods or services from a Retailer shall be dependent on the Retailer first paying us the applicable Retailer Commission (see Section 9.1of these User Terms) and we shall not be responsible or liable to you for ensuring payment to you (or assuming responsibility to cover any non-payment to us) of the applicable Retailer Commission from the Retailer to us(although this does not alter or limit our express obligation under these User Terms to pay you the applicable CashBack arising from a Retailer Commission that has actually been paid to us in cleared funds); and
(g)in the event of any problem with any product or service purchased by you from a Retailer, all queries and disputes relating to such defective products or services should be directed to the Retailer concerned except for queries relating solely to CashBack, which should be directed to LifeWorks by emailing us at [email protected].
Section 9. CASHBACK
9.1When using the Website or the App, you will be able to see the amount of CashBack available for a particular transaction with a Retailer. The amount of CashBack available will vary from time to time and will be dependent upon the specified transaction. CashBack payable by us to you in relation to any qualifying transaction entered into by you with a Retailer represents a portion of the amount payable to us (our Retailer Commission) by or on behalf of the relevant Retailer under the terms of the agreement between us and the Retailer (or its sub-contractors) with respect to the qualifying transaction between you and that Retailer. Our obligation to pay CashBack to you is entirely set forth in these User Terms and no other document or instrument.
9.2We will notify you and credit your CashBack wallet (your CashBack Wallet) when we receive the Retailer Commission from the applicable Retailer with respect to the qualifying transaction between you and that Retailer. Once you have been notified that you have CashBack available to you, you may withdraw CashBack by notifying us in accordance with these User Terms and by following the instructions on the Website or App; provided, however, that your CashBack Wallet must hold at least $5.00 (the Minimum Amount) prior to any withdrawal. While CashBack amounts may vary, the minimum amount of CashBack you may withdraw is the Minimum Amount.
9.3All CashBack Wallet withdrawals shall be paid to a valid PayPal account designated by you or such other payment or redemption options as we may offer to you from time to time in our sole discretion; provided, however, that we reserve the right to charge a withdrawal fee if we offer any method of withdrawing cash from your CashBack Wallet. You will be notified of such withdrawal fees before you are charged. When requesting a withdrawal, you must provide details of the PayPal account where you wish to receive your CashBack withdrawals (your CashBack Preference). You may withdraw some or all of the available CashBack in your CashBack Wallet using your CashBack Preference at any time subject to the provisions of this Section 9. If enabled as part of your Account specifications, you may also choose to withdraw CashBack automatically. It is your responsibility to ensure that your CashBack Preference is in good standing and able to receive CashBack withdrawals (including automatic withdrawals) while your Account is active. YOU ACKNOWLEDGE THAT IF YOU PROVIDE INCORRECT DETAILS FOR YOUR CASHBACK PREFERENCE, ANY PAYMENTS TO THAT NOMINATED ACCOUNT CANNOT BE REISSUED AND SHALL BE DEEMED BY US TO HAVE BEEN PAID IN FULL.
9.4You acknowledge and agree that CashBack will only be available in relation to (a) certain purchases designated by a Retailer where you complete the relevant purchase online by visiting that Retailers website directly via the applicable link from the Website or App, (b) certain purchases of gift cards via the applicable link from the Website or App, or (c) where otherwise expressly detailed against a particular deal on the Website or App.
9.5No CashBack will be available or payable to you (and, if the applicable Retailer Commission is paid to us, shall be forfeited to us) where:
(a)your CashBack account does not hold at least the Minimum Amount;
(b)your purchase is made by any other means (including purchases made by phone or mail or by accessing the Retailers website other than by means of the applicable web-link embedded in the Website or App);
(c)your transaction is cancelled for any reason after it has been entered into, including by the Retailer, and including circumstances in which the applicable goods are returned to the Retailer;
(d)your purchase is made fraudulently by you or on your behalf, or for the benefit of anyone other than you as the rightful the User with respect to such transaction;
(e)we or the Retailer have reasonable grounds to suspect that your purchase has been made fraudulently;
(f)in our sole discretion, we deem the CashBack to have been attributed to you in error;
(g)your Account has been inactive for at least 12 months;
(h)we discover that you do not, or have ceased to, satisfy the qualifying criteria set out in set out in Section 5.1of these User Terms; or
(i)your Account is deactivated for any reason (including when the SPO Agreement expires, or when we or your Sponsoring Organization terminates the SPO Agreement for any reason) and you have failed to claim the CashBack remaining in your CashBack Wallet within the time limit set out in Section 21.5of these User Terms.
9.6We may provide functionality that allows you to link a particular credit card or debit card to your Account, and qualifying transactions with Retailers made using that card may trigger specific CashBack deals which shall be notified to you through the Website or App. It is your responsibility to ensure that only authorised individuals use a credit card or debit card linked to your Account.
9.7You acknowledge and agree that:
(a)tracking amounts that should be credited to your CashBack Wallet requires us to rely on third-party systems used by the Retailer over which we have no control, and which necessitates our sharing at least some of your Personal Information with Retailers (including via such third-party systems); and
(b)your entitlement to CashBack may be affected (and, in some cases, prevented altogether) by certain settings or software products installed on your computer or mobile device which prevent the Retailer from tracking your actions, such as the blocking of cookies or the use of an anonymiser to access your Account or the Retailers website.
9.8If a technical failure of the Retailers systems, or an incompatibility with the settings on your computer or mobile device, prevents the Retailer from tracking the transaction by which you intend to qualify for the relevant CashBack, then the applicable CashBack may not be available from us and may not be payable to you. If we receive from a Retailer a Retailer Commission that is not properly attributed to a qualifying transaction by an attributed User, then the applicable CashBack will be forfeited to us.
9.9Your ability to withdraw CashBack is subject to our having first received payment in cleared funds of the applicable Retailer Commission from the applicable Retailer. You acknowledge and agree that:
(a)we are not responsible or liable to you for ensuring payment to us of any Retailer Commission by any Retailer;
(b)where a Retailer Commission is due to be paid to us by a Retailer, it may (in normal circumstances) take up to 90 days before we receive payment of the Retailer Commission from the Retailer, but this will depend on the specific Retailer concerned and in practice the time it takes the Retailer to make payment of the Retailer Commission to us may exceed 90 days; and
(c)we will not be obliged to pursue a Retailer for payment of any Retailer Commission but may in our absolute discretion choose to do so (although we would not normally do so until at least 90 days have passed since the qualifying action took place that gave rise to the Retailer Commission concerned). You may choose, at your own cost and expense, to pursue a Retailer for CashBack you may be entitled to receive directly, including without limitation, where we determine not to pursue a Retailer for a payment of any Retailer Commission that would ultimately have been payable, in whole or in part as CashBack to you; provided, however, that under no circumstances will you be authorized to assert that you are a third-party beneficiary of any agreement between us and any Retailer.
9.10If due to a technical, administrative, or other error, the CashBack balance in your CashBack Wallet exceeds the correct value, then you must inform us immediately. You are not permitted to withdraw CashBack that you are not eligible to receive, and we reserve the right to set off such ineligible withdrawals against future CashBack you may become eligible to receive.
9.11In our sole discretion, and subject to the SPO Agreement with your Sponsoring Organization or the Services your Sponsoring Organization has subscribed to, we may offer certain Users enhanced CashBackprograms or other special deals from time to time. Any such enhanced CashBack programs shall be payable monthly in arrears and shall be available for withdrawal from the Users CashBack Wallet after the applicable Retailer confirms completion of the Users qualifying transaction.
9.12We reserve the right to cancel and repossess any enhanced CashBack made available in a Users CashBack Wallet if the qualifying transaction is altered because of a return or refund or we reasonably suspect fraudulent activity.
9.13Unless expressly stated to the contrary in these User Terms, all terms that apply to CashBack shall also apply to enhanced CashBack.
9.14We reserve the right to modify, alter, withdraw, terminate or otherwise cancel any offer of enhanced CashBack at our discretion at any time; provided, however, that this shall not affect a Users right to any enhanced CashBack credited to your CashBack Wallet prior to the date of our modification, alteration, withdrawal, termination or cancellation.
Section 10. REWARDS- TERMS APPLICABLE TO USERS
10.1Spot Rewards. If your Sponsoring Organization has subscribed for Spot Rewards:
(a)Your Sponsoring Organization may allocate a Spot Reward to you from time to time from an account funded by your Sponsoring Organization. Spot Rewards may be issued in denominations ranging from $10 up to $500 (or any other denomination which we may make available to your Sponsoring Organization pursuant to the SPO Agreement from time to time). If your Sponsoring Organization allocates a Spot Reward to you we will notify you by email or, alternatively, by push notification if your device is set up to accept and display such push notifications.
(b)Once a Spot Reward has been allocated to your Account, you will receive that Spot Reward as credit in the rewards account associated with your Account (your Rewards Account). SPOT REWARDS MUST BE REDEEMED WITHIN 12 MONTHS OF ALLOCATION TO YOUR ACCOUNT. ANY SPOT REWARD ALLOCATED TO YOU AND NOT REDEEMED WITHIN THE PERIOD OF 12 MONTHS WILL EXPIRE AND THE RELEVANT FUNDS BE FORFEITED TO US. IF YOU CLOSE YOUR ACCOUNT FOR ANY REASON, YOU SHALL HAVE 90 DAYS FROM THE DATE OF CLOSURE TO REDEEM ANY SPOT REWARDS IN THE YOUR REWARDS ACCOUNT AFTER WHICH ANY UN-REDEEMED SPOT REWARDS SHALL BE FORFEITED TO US. In this event, we shall have no further liability to you in relation to the relevant Spot Reward. You may redeem Rewards in your Rewards Account in accordance with Section 10.6(b)below.
(c)Spot Rewards may constitute taxable income to you and may be subject to other withholding requirements imposed by local taxing authorities on you or your Sponsoring Organization. LifeWorks makes no representations or warranties about any tax requirements or tax consequences that may or may not apply to Spot Rewards.
10.2Spot Rewards Errors. If a Spot Reward is allocated to your Account as a result of our error:
(a)We reserve the right to revoke the entire Spot Reward at any time thereafter without prior notice to you and you will not be entitled to redeem the relevant Spot Reward.
(b)If the error is an incorrect denomination (i) we reserve the right to revoke that portion of the Spot Reward that exceeds the correct denomination allocated by your Sponsoring Organization, and (ii) we will otherwise correct any under-allocation upon confirmation of our under-allocation from your Sponsoring Organization.
(c)We will notify you as soon as reasonably practicable to do so. If by the time of our notification you have already redeemed the Spot Reward, we will no longer be under any obligation to supply your selected Redemption Option. If we have already sent the Redemption Option to you, we may ask you to return it to us, in which event you shall return it to us at our cost within 30 days of the date of our written notice requiring you to do so. Where applicable, on receipt of the returned Redemption Option, we shall reallocate the Spot Reward to you in the correct denomination with effect from that date.
10.3Changes to Spot Rewards Program. Subject to the SPO Agreement, we may at our discretion, suspend or discontinue the Spot Rewards program applicable to you at any time for any reason. Where possible, we will notify you in advance. If we suspend or discontinue the Spot Rewards program applicable to you, your sole and exclusive remedy will be that we may leave your Spot Rewards in your Rewards Account or we may, in our sole and absolute discretion, transfer your Spot Rewards to your CashBack Wallet.
10.4Well-Being Rewards. If your Sponsoring Organization has subscribed for Well-Being Rewards:
(a)You may achieve Well-Being Rewards by completing designated activities set forth in the Website or App (for example, completing a health risk assessment questionnaire, reading snackable content or participating in a challenge). For a full listing of Well-Being Rewards, including points per activity, reward tiers and other incentives and challenges, please refer to help.lifeworks.com. We may modify Well-Being Rewards points, tiers, activities, challenges or other program elements from time to time at our discretion, including to focus Users on specific goals or in response to aggregate User experience data or other feedback we receive. Well-Being Rewards points, tiers, activities, challenges and other program elements may vary depending on your location. Your Sponsoring Organization may also create specific activities for their employees to achieve additional Well-Being Rewards.
(b)When you achieve Well-Being Rewards, you will receive that Well-Being Reward as a credit in your Rewards Account. You may redeem Rewards in your Rewards Account in accordance with Section 10.6(b)below.
10.5Other Rewards Programs. We may, from time to time develop other Rewards programs and offer them to Sponsoring Organizations. If your Sponsoring Organization subscribes for one or more of these other Rewards programs (collectively the Other Rewards), you may be asked to provide your consent to a separate set of terms and conditions applicable to such Other Rewards programs. When you accumulate, achieve or otherwise earn Other Rewards, your Other Rewards will be allocated to your Account and you will receive those Other Reward as credits in your Rewards Account. You may redeem Other Rewards in your Rewards Account in accordance with Section 10.6(b)below.
10.6How Users Redeem Rewards.
(a)You may redeem any Rewards in your Rewards Account by selecting a redemption option in the Website or App (a Redemption Option) and complying with requirements, instructions and restrictions applicable to such Redemption Option. Your selection is final. Once you have chosen a Redemption Option, you may not change, cancel or seek a refund for your selection. However, if you have selected a Redemption Option and that Redemption Option becomes unavailable for any reason, we will notify you and you will be entitled to select a different Redemption Option, which shall be your sole and exclusive remedy in these circumstances. Redemption Options are not transferable and may not be redeemed for cash.
(b)We will deduct the stated value of your Redemption Option selection from your Rewards Account.We will electronically deliver the Redemption Option you selected to the email address currently linked to your Account. The time for delivery will vary depending on the Redemption Option you select (and may also depend on the Retailer or other vendor of your Redemption Option), but we will endeavour to deliver the Redemption Option within 14 days of the date of your redemption.
(c)The variety of Redemption Options available to you may change from time to time; we do not guarantee that any Redemption Options available from time to time on our Website or App will always be available and we reserve the right to cease to offer or substitute any Redemption Option offered on our Website or App at any time, including where a Redemption Option has been selected but has not yet been issued, in our sole discretion.
(d)Redemption Options that consist of gift cards or experience vouchers are subject to all applicable laws and any other terms and conditions applicable to such gift cards or experience vouchers by the applicable Retailer, including expiration dates or other use limitations imposed by the applicable Retailer. We have no control over Retailers, and we have no liability to you whatsoever in respect of any Retailers terms and conditions or any Retailers requirements or obligations concerning expiry dates under applicable law. YOU HAVE THE SOLE RESPONSIBILITY TO READ AND UNDERSTAND ANY DOCUMENTATION OR REQUIREMENTS MADE AVAILABLE TO YOU BY RETAILERS, PARTICULARLY IN RELATION TO ANY EXPIRATION DATES WHICH MAY APPLY TO SUCH RETAILERS PRODUCTS OR SERVICES.
(e)With respect to all Retailers, you acknowledge and agree that:
Lifeworks shall not be responsible for any act, omission or default of a Retailer;
we do not endorse the goods or services made available by a Retailer;
it is your responsibility to satisfy yourself as to the quality and suitability of such products or services for your specific needs, the specific terms of such Retailers offer, and the reliability and creditworthiness of the Retailer; and
any information appearing on the Website or App that is provided by a Retailer remains the sole responsibility of that Retailer.
(f)If you use your Redemption Option to purchase goods or services from a Retailer:
your purchase will be on the basis of a contract between you and the Retailer alone, on the terms agreed between you and the Retailer;
we will not be a party to that contract and we will not be responsible in any way for the performance of that contract by the Provider or for the quality or safety of any such goods or services sold by the Provider; and
in the event of a problem with any Redemption Option or product or service purchased by you from a Provider, you shall direct all queries to the Provider concerned.
Section 11. REWARDS - TERMS APPLICABLE TO SPONSORING ORGANIZATIONS AND THEIR ADMINISTRATORS.
11.1You acknowledge and agree that for any of your Sponsored Users or their related Dependent Users to become eligible to receive and redeem a Reward, such Sponsored User or Dependent User must satisfy the qualifying criteria set out in Section 5.1of these User Terms and the receipt and redemption of any Reward by such Sponsored User or Dependent User shall at all times be subject to full compliance with these User Terms by such Sponsored User or Dependent User . You are hereby deemed to be aware of the restrictions and limitations on Rewards applicable to Sponsored Users as set forth in Section 10, including without limitation:
Section 10.1(b)regarding the expiration of unredeemed Spot Rewards after 12 months and expiration of unredeemed Spot Rewards 90 days after Account closure;
Section 10.1(c)regarding the potential tax consequences of Spot Rewards;
Section 10.2regarding remedies available to Sponsored User for our errors in allocating Spot Rewards;
Section 10.3regarding a suspension or cancellation of the Spot Rewards program applicable to your Sponsored Users;
Section 10.6(c)regarding changes in the availability of Redemption Options; and
Sections 10.6(d),10.6(e), and 10.6(f)regarding our limited relationship with and control over Retailers who provide the Redemption Options.
11.2Sponsoring Organizations who have subscribed for Spot Rewards shall administer the Spot Rewards program in accordance with the terms and conditions set forth in the SPO Agreement or any other agreement between the Sponsoring Organization and us governing the Spot Rewards program. If, as a SPO Administrator, you do not have a direct SPO Agreement with us and you receive our Services via a third-party platform, then you acknowledge and agree that the further provisions of this Section11.2shall at all times apply to your use of the Spot Rewards program:
(a)You may allocate Spot Rewards to one or more of your Sponsored Users only after you have transferred sufficient cleared funds to us and such funds are showing as an available balance in your Sponsoring Organizations Spot Rewards Account (the Spot Rewards Account).
(b)To deposit funds into your Spot Rewards Account, you must first contact us to notify us of the details of the deposit and to obtain a unique transaction reference number. You must then make a bank transfer to our nominated bank account and reference that unique transaction reference number in your transfer instructions.When we receive your cleared funds, we will apply those funds (after applying any currency conversion fees or other transfer related charges) to your Spot Rewards Account at which point the funds will show as an available balance in your Spot Rewards Account. We shall process your payments as soon as reasonably practicable, but you acknowledge and accept that all deposits are subject to banking processes and timeframes outside our control.
(c)All funds in your Spot Rewards Account shall be held by us on your behalf until such time as (i)your funds are exhausted as a result of your allocation of Spot Rewards or (ii)you withdraw the funds from your Spot Rewards Account in accordance with Section 11.2(g).
(d)When you allocate a Spot Reward to a Sponsored User, we shall transfer funds equivalent to the denomination of the Spot Reward from your Spot Rewards Account to individual Rewards Account of the applicable Sponsored User (the Sponsored Users Rewards Account) and thereafter shall continue to hold such funds on behalf of the Sponsored User until such time as that Sponsored User redeems the Spot Reward or the Spot Reward expires or is otherwise revoked or forfeited in accordance with the further provisions of this Section 11.
(e)To allocate a Spot Reward to a Sponsored User, you must log in to your SPO Administrator account, select the Spot Rewards menu, select the applicable Sponsored User, select the desired denomination and submit the order.
(f)Spot Rewards allocated by you to a Sponsored User cannot be cancelled or reallocated by you after you have submitted your allocation choices to us. We accept no responsibility whatsoever for any loss suffered by you or any Sponsored User resulting from any allocation of a Spot Reward except to the extent that an incorrect allocation arises directly from an error on our part, in which event we shall attempt to recover the incorrectly allocated Spot Reward and/or reallocate the relevant Spot Reward to the correct Sponsored User. In any event, our total liability shall be limited to a sum equivalent to the denomination of the Spot Reward, or that portion of it, incorrectly allocated and we shall deposit such sums in your Spot Rewards Account.
(g)You may withdraw any unallocated funds from your Spot Rewards Account at any time by making a withdrawal request to us in writing. We shall transfer the relevant funds to the Sponsoring Organization bank account nominated by you at the time of the withdrawal request. We shall use commercially reasonable efforts to complete the withdrawal within 14 days of the withdrawal request. All withdrawals shall be subject to a processing fee identified in your SPO Agreement, or if not so defined, equal to at least $100 or 100 (as applicable to the Territory identified in the SPA Agreement) or 10% of the funds withdrawn, whichever is higher (the Withdrawal Processing Fee). The Withdrawal Processing Fee shall be automatically deducted from the value of the funds withdrawn. We reserve the right to require reasonable and satisfactory evidence of the Sponsoring Organizations authorization to withdraw funds from the before processing the withdrawal.
(h)We may in the future introduce functionality allowing you to make deposits and withdrawals directly through your Sponsoring Organization account, whereupon you shall be entitled to make use of such functionality as an alternative to the processes described in Section 11.2(b); provided, however, that the provisions of this Section 11(including without limitation the Withdrawal Processing Fee) shall otherwise apply to deposits and withdrawals made using such functionality.
Section 12. RECOGNITION
12.1If your Sponsoring Organization has subscribed to the User recognition feature of our Services (the Recognition Features), you will be able to recognize the contribution of your co-workers through our Website and App (Recognition). The Recognition Features also allow Users to comment on the input of people with whom they work.Any content you post must be in compliance with the restrictions set forth in these User Terms, including as set forth in Section 15.
12.2We track and aggregate information concerning your usage of the Recognition Features and any Recognition you receive. This information is aggregated with information concerning other Sponsored Users related to your Sponsoring Organization on a monthly basis to create a summary table showing those Sponsored Users who have received the most Recognition.
Section 13. EAP AND WELLNESS
13.1The information contained on the Website and App is presented to Users educational purposes. LifeWorks disclaims any fiduciary duties makes no warranties as to the accuracy or completeness of the information and assumes no liability for errors or omission in the content. The information on Website and App should not be relied on to suggest an authoritative course of action for an individual with legal, financial, educational, medical, or mental health concerns or to replace a consultation with a qualified expert in the field, such as an attorney, accountant, teacher, physician, health care provider, or therapist. All Users should consult with a physician or other qualified professional before engaging in changes to diet, physical activity levels or other similar lifestyle or behavioural changes.
13.2IF YOU ARE EXPERIENCING A CRISIS SUCH AS A MEDICAL EMERGENCY, OR YOU ARE HAVING THOUGHTS OF SUICIDE OR VIOLENCE, AND THINK YOU MAY PRESENT A DANGER TO YOURSELF OR OTHERS, OR IF YOU ARE IN AN ABUSIVE RELATIONSHIP OR ARE CONCERNED ABOUT DOMESTIC, CHILD OR ELDER ABUSE, PLEASE CONTACT THE APPROPRIATE EMERGENCY SERVICES OR AUTHORITIES PROMPTLY.
Section 14. WHAT USERS ARE NOTALLOWED TO DO
14.1Our Services are provided solely for non-commercial and personal use by Users. You may not:
(a)allow anyone to access or use your Account, including for your own personal economic gain or personal commercial benefit;
(b)republish, redistribute or re-transmit our Website or App for any reason, including for your own personal economic gain or personal commercial benefit;
(c)redistribute or resell any Services to any other person or entity for any reason, including for your own personal economic gain or personal commercial benefit;
(d)use our Website, App or Services in any manner that defrauds any of our affiliates or any Retailer, including by using a method of payment you are not authorized to use such as credit card you are not authorized to use or otherwise not validly issued to you;
(e)copy, resell or resupply, reverse engineer, de-compile or create derivative works of any part of our Website or App, or any part of the software that makes up our Website or App regardless of how you obtained access to such software;
(f)use our Website, App or Services in any way that may damage our brand reputation or trustworthiness or that of any of our affiliates or any Retailer;
(g)violate any applicable law or regulation through your use of our Website, App or Services;
(h)copy or store our Website or App other than for your own non-commercial, personal use (as may occur incidentally in the normal course of use by your browser or mobile device);
(i)copy or store our Website or App on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the Website or App;
(j)remove or change any content of the Website or App or attempt to circumvent any security measure or interfere with the proper working of the Website or App or any servers on which they are hosted; or
(k)otherwise do anything with our Website, App or Services not expressly permitted by these User Terms.
14.2By creating an Account you agree to personally compensate us fully for any loss, damage or expense suffered or incurred by us as a result of any claim arising from or in relation to your breach of any of the prohibitions set forth in Section 14.1above or any other any other provision in these User Terms; provided, however, that the foregoing compensation obligation shall not apply personally to SPO Administrators or Pass-Through Administrators.
Section 15. POSTING CONTENT
15.1By creating an Account or using our Website, App or Services you accept sole responsibility for:
(a)any and all content posted from your Account (whether by you or others who access your Account, whether or not you are aware of their access) to the Website or App; and
(b)any and all activity through your Account when using the Website, App or Services;
and you agree to personally compensate us fully for any loss, damage or expense suffered or incurred by us as a result of any claim arising from or in relation to any such content or activity provided, however, that the foregoing compensation obligation shall not apply personally to SPO Administrators or Pass-Through Administrators.
15.2Subject to any applicable law to the contrary, if you choose to upload content via the Website or App then you must:
(a)keep any postings relevant to the purpose of the forum;
(b)not submit any content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive, or which infringes the intellectual property rights or any other rights of any third party;
(c)not submit any content that contains any viruses or other code that has contaminating or destructive elements;
(d)not submit any content containing any form of advertising; and
(e)not impersonate or misrepresent an affiliation with, any person or entity.
15.3By creating an Account you acknowledge and agree that:
(a)we do not monitor or moderate any content posted by you or any other Users;
(b)we do not monitor your use of the Website, App or Services or such use by any other Users; and
(c)we shall not be liable to you or any other User for, or in relation to, any such content or use (including any inappropriate, false or misleading content posted by you or other Users of the Website, App or Services).
15.4SPO Administrators and Pass-Through Administrators acknowledge that Sponsoring Organizations shall at all times remain primarily responsible for any moderation or monitoring of any content posted by any Users. However, we reserve the right, in our sole discretion, to delete any content posted by Users.
15.5Complaints about the content of any posting must be sent to [email protected] and must contain details of the specific posting giving rise to the complaint.
Section 16. NEWSLETTER; OTHER EMAIL NOTICES AND COMMUNICATIONS TO USERS
16.1We may occasionally send a newsletter to you at the email address associated with your Account.Such newsletters may contain details of offers from Retailers. You will be given the option to opt out of receiving these newsletters.
16.2We may occasionally send you email notices concerning our Website, App or Services, which may include emails tailored to you based on your activity on our Website or App. You may also receive emails from arising from your use of particular Services requiring email communication. Where possible, you will be given the option to choose a different method of communication or to opt out of receiving such communications, although it may adversely affect or otherwise prevent you from receiving the full scope of Services you signed up to receive.
Section 17. EXTERNAL LINKS
17.1The Website and App may provide links to other websites (including websites of Retailers) as part of the Services we provide to Users, including for educational purposes. Users a should exercise discretion when accessing links to other websites through the website or app.
17.2LIFEWORKS MAKES NO REPRESENTATIONS CONCERNING OPERATION OR CONTENT OF THESE EXTERNAL WEBSITES AND IS NOT RESPONSIBLE FOR THE QUALITY OF INFORMATION ON ANY SUCH EXTERNAL WEBSITES OR ANY LINK CONTAINED IN SUCH EXTERNAL WEBSITES. THESE LINKS MAY LEAD UNINTENTIONALLY TO SITES CONTAINING INFORMATION THAT SOME PEOPLE MAY FIND INAPPROPRIATE OR OFFENSIVE. THESE LINKS MAY ALSO LEAD TO SITES THAT CONTAIN INACCURATE INFORMATION, FALSE OR MISLEADING ADVERTISING, OR INFORMATION THAT VIOLATES COPYRIGHT, LIBEL, OR DEFAMATION LAWS. THE SERVICES, PRODUCTS, AND RESOURCES AVAILABLE FROM THESE WEBSITES ARE NOT ENDORSED IN ANY WAY BY LIFEWORKS, NOR DOES LIFEWORKS ENDORSE ANY OF THE SPONSORS OR ADVERTISERS ON THESE SITES.
Section 18. AVAILABILITY AND OPERATION OF THE SERVICES, WEBSITE AND APP
18.1We will use commercially reasonable efforts to make the Services, Website and App available for use by you for as much of the time as is reasonably possible, but we do not give or enter into any condition, warranty, or other term to the effect that the Services, Website or App are or will be:
(a)available all of the time;
(b)available on a continuous or uninterrupted basis;
(c)free from errors, defects, viruses or other destructive elements; or
(d)in compliance with any particular standard(s).
18.2By creating an Account and using the Website or App, you agree that we will not be liable to you for any unavailability of or defect in our Services, App or Website (however temporary), including due to scheduled maintenance, upgrades, security, legal or business reasons, and/or reasons beyond our control (such as hardware or software failures, other interruptions of internet service, or Retailer website unavailability).
18.3It is your responsibility to implement appropriate information technology security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the Website, App and their contents.
Section 19. INTELLECTUAL PROPERTY RIGHTS
19.1All intellectual property rights in or relating to the Services, Website and App (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. You are given a non-exclusive license to use the intellectual property rights concerned only to the extent necessary to enable you to receive the Services and to use the Website and App in accordance with these User Terms. You acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of receiving the Services or by using the Website and/or App.
19.2The Website or App may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source license terms, including terms which allow the free distribution and modification of the relevant softwares source code or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that the Website or App contains any Open Source Software, that element only is licensed to you under the relevant license terms of the applicable third-party licensor (the Open Source Licence Terms) and not under these terms, and you accept and agree to be bound by such Open Source License Terms. A copy of the source code for any Open Source Software contained in the Website or App and the relevant Open Source License Terms will be made available to you upon request.
19.3You agree that, by submitting any content (not including health and contact information) via the Website or App, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), within your Sponsoring Organizations network. You also grant other Users within your Sponsoring Organizations network a non-exclusive license to view such content within your Sponsoring Organizations network.
Section 20. OUR LIABILITY
20.1Except as expressly set out in these User Terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Website or App, and to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the Website and/or App.
20.2Nothing in these User Terms shall exclude or limit our liability to you:
(a)for fraud or fraudulent misrepresentation; or
(b)for any liability that may not, under governing law, be excluded or limited.
20.3We shall not be liable to you (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason) for any loss or damage which arises as a result of:
(a)any act or omission of any Retailer, User, Sponsoring Organization, or other third party;
(b)any failure in the tracking or provision of CashBack or Reward by or on behalf of any Retailer; or
(c)any circumstance which we cannot reasonably be expected to control.
20.4You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.
20.5We shall not be liable to you (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason) for any business losses and any liability we do have for losses you suffer is strictly limited to losses which were reasonably foreseeable.
20.6We shall not be liable to you or to any Sponsoring Organization for any loss, damage, liability, cost, claim or expense that you or any Sponsoring Organization suffers, incurs or pays as a result of the suspension or termination by us of your access to and use of the Services.
20.7We shall not be liable to you or to any Sponsoring Organization for any tax liabilities that you or any Sponsoring Organization incur as a result of the Services you receive, and Sponsoring Organizations and Users are solely responsible for understanding and paying their own tax liabilities associated with or resulting from the Services.
Section 21. CLOSING YOUR ACCOUNT
21.1If you wish to close your Account, please contact your Sponsoring Organization who can arrange to have your Account closed or submit the Account Closing form available at privacy.lifeworks.com. Please note that we may retain information concerning your Account in our records in accordance with our standard practices and in accordance with our Privacy Policy (a current copy of which is available at help.lifeworks.com ). Closing your Account will not obligate us to delete such information except in due course under our practices and policies.
21.2Sponsoring Organization shall be primarily responsible for deactivating a Users Account if the User no longer wish to use the Services or no longer satisfies the qualifying criteria set out in Section 5.1. A Users Account can be deactivated by the SPO Administrator or Pass-Through Administrator in the Manage User section on the admin panel of the Website. This does not affect our right to deactivate User Accounts as set out elsewhere in these User Terms.
21.3We provide our Services to Users and Sponsoring Organization either under our SPO Agreement with the relevant Sponsoring Organization or under a contract between us and a third-party reseller of our Services who in turn has a contract with the relevant Sponsoring Organization. We may suspend or terminate (at our option) your access to and use of the Services in certain circumstances where your Sponsoring Organization or the relevant third-party reseller of the Services is in breach of their contract with us.
21.4We, or your Sponsoring Organization (as applicable), may close your Account if:
(a)you are in breach of these User Terms;
(b)you cease to be an eligible User with respect to your Sponsoring Organization or we reasonably believe that to be the case;
(c)your Sponsoring Organization ceases to pay for the Services;
(d)your Sponsoring Organization is in breach or other default of its contract with us or with any third-party reseller of our Services such as to justify termination of that contract;
(e)any third-party reseller of our Services via whom we provide our Services to you is in breach or other default of its contract with us such as to justify our termination of that contract; or
(f)for any other reason at our absolute discretion.
21.5Your Account and all of its content will be deleted 90 days after the date of its closure. Please ensure that any CashBack in your Account is remitted using your CashBack Preference and any Rewards in your Reward Account are redeemed before you close your Account. If your Account is closed for any reason, you will have 90 days from the date of its closure to claim any CashBack and redeem any Reward in your Reward Account. Any CashBack that is not used or withdrawn and any Rewards that are not redeemed within this period, will be forfeited to us. The Minimum Amount requirement in Section 9.2does not apply to your CashBack Wallet during the 90-day period after your Account is closed.
Section 22. GENERAL
22.1You may not sub-license, transfer, or assign any of the rights or obligations under these User Terms.
22.2We may sub-contract or delegate the performance of any of our obligations to you. We may transfer or assign any of our rights or obligations to you to someone else.
22.3These User Terms, which include any other terms expressly referred to in them, represent the entire agreement between you and us in relation to this subject matter.
22.4All notices given by you to us or vice-versa must be given by email or in writing to the address
View ArticleProtection of Right and Privacy Disclaimer
Protection of Rights:
Lifeworks is a confidential service. Your Personal Information will not be disclosed unless you provide us with your written permission; there is risk of harm to you or others, or if required by law.
External Disclaimer
You have clicked a link that will redirect to you to a website that is not associated or affiliated with Lifeworks. We recommend you review the websites privacy policy www.whoson.com/privacy for information on how your personal information will be collected and used. We are not responsible for any of the information, opinions, products or services that are offered or displayed on other websites. Linking to an external website does not constitute an endorsement.
View ArticleBecause you will receive access to our Services via an insurance product purchased by your employer from the RBCI Life Insurance Company (RBCI), your Services may be enhanced by certain information about you, your spouse, and/or your dependant(s) (if any) that RBCI provides to us (the RBCI Information). However, we must obtain your explicit consent to receive such RBCI Information about you. If you do not provide your consent, or choose to opt out in the future, you will still receive our Services, but your user experience will not be enhanced by the customized features and personalized experience we are able to offer by incorporating the RBCI Information about you. By clicking the Allow Access button on the Sharing your Claims Information with LifeWorks screen you will be shown when you activate your Account or from within your Account Settings, you will be providing your explicit consent to the following:
First, by providing your explicit consent you agree that we may obtain the following categories of Claims Information from RBCI about you, which constitutes your RBCI Information for purposes of this consent:
Claim Number
Package ID
Policy No.
Group Name
Billing Division No.
Employee ID
Dependent No.
Dependent Type
Patient Birth Date
Patients Gender
Procedure Code or Din
Service Date
Product
Benefit Category
Claim Status Code
Employee/plan member Province
Provider Province
Provincial Formulary Indicator
Provincial Limited Use Indicator
Benefit Description
Brand / Generic Code
Brand / Generic Description
Provider Name
Medical Condition Code
Medical Condition Description
Maintenance Drug Indicator
A more detailed description of the information covered by these categories is available upon request.
Second, by providing your consent you agree that we may combine your RBCI Information with other data you provide to us (such as when you create your Account profile) or data we gather from you when you use our Services, our Website or App, including from modules you complete (such as our Heath Risk Assessment tool), preferences you indicate in your profile, or other information you provide to us while (such as your choices of snackable content topics to review). This combined data about you (the Combined Data) is what allows us to enhance and personalize your user experience. With this data, we can communicate content and features which we consider to be more relevant and interesting to you.
Third, by providing your consent you agree that we may use and analyse the Combined Data about you to provide you with a customized and personalized user experience on our Website and App (as those terms are defined in the User Terms). Our customization and personalization activities include analysing your RBCI Information to make predictions about what Services will be useful to you and recommendations about information or offers that may be interesting or relevant to you.
Fourth, by providing your consent you agree that we may share the Combined Data about you with third party service providers who perform data analytics services for us. We use these data analytics services to develop and refine the ways we personalize and customize our Website, App and Service user experience. We do not allow these third parties to use any Combined Data for any purpose other than to provide services directly to us and these third parties do not acquire any ownership interest in the Combined Data about you.
Finally, by providing your consent you acknowledge that we may provide usage reports, trend analyses, and other similar aggregated reports to RBCI and/or your employer; provided, however, that no individually identifiable information about you will be disclosed to RBCI or your employer in these reports.
The Combined Data about you, including the RBCI Information about you that we receive from RBCI, will remain subject to our Privacy Policy. We value your privacy and the choices you make concerning information about you. You may withhold your consent to the activities described above, and you may change your mind about your consent or your other preferences at any time by updating your settings. You can review a current copy of our Privacy Policy, User Terms, Website Terms of Use and our Cookie Policy on the Terms and Conditions page of our website at help.lifeworks.com.
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Version 06.01.2018
View ArticleLifeWorks GLOBAL LEGACY PRIVACY POLICY
Section 1. About this PolicyLifeWorks (LifeWorks, we, us, and our) is committed to protecting your privacy. This Privacy Policy (this Policy) describes how LifeWorks collects, uses, shares, and secures the information that LifeWorks collects from users who visit and use LifeWorks websites (the Website), its mobile application (the App), and the LifeWorks services provided through these platforms (the LifeWorks Services), which are described below.
Depending on your employers subscription you may have access to all or some of the following LifeWorks Services through our Website and/or App:
A social environment and news feed where you can interact with co-workers, post content and messages, provide feedback, and receive content (including articles and blog posts) (the News Feed);
A rewards and perks platform through which you can access discounts and offers on a range of products provided by our network of third party partners (Work & Perks); and
A counselling and well-being service (the EAP & Wellness Services) through which you can access various wellness resources, assessments, and our Employee Assistance Program, which may include counseling sessions with trained health professionals, (collectively, EAP Counsellors).
This Policy covers only LifeWorks practices with respect to your use of the LifeWorks Services. We do not control the privacy practices of third parties, including your employers or any insurers that offer access to the LifeWorks Services through your employer.
LifeWorks collects, uses, shares, and secures information in accordance with applicable data protection laws, including but not limited to: the Health Insurance Portability and Accountability Act (HIPAA), the Personal Information Protection and Electronic Documents Act (PIPEDA), and the EU General Data Protection Regulation (GDPR).
Section 2. Contact DetailsEU Users - For users in the EU (including the UK), our full details are:
Full name of legal entity:
Work Angel Technologies Ltd, t/a LifeWorks
(Reg. No. 08223675)
Email address:
Postal address:
c/o LifeWorks
The Glassmill, 4th Floor
1 Battersea Bridge Road
London, SW11 3BZ
United Kingdom
Telephone number:
+44 (0) 20 3567 5900
Name or title of DPO:
Aphaia Ltd (which can be contacted at [email protected] )
Studio 5 155 Commercial St London E1 6BJ
+44 (0) 20 3290 4231
For the purposes of EU data protection law, including the GDPR, LifeWorks US Inc. is the data controller and responsible for your Personal Information.
US Users - For users in the United States of America, our full details are:
Full name of legal entity:
LifeWorks US Inc.
Email address:
Postal address:
201 17th Street NW, Suite 630
Atlanta, Georgia 30363
USA
Telephone number:
+1 (877) 409-9287
Canadian Users - For users in Canada, our full details are:
Full name of legal entity:
LifeWorks Canada Ltd.
MieuxVivre Canada Lte
Email address:
Postal address:
675 Cochrane Drive
5th Floor North Tower
Markham, Ontario L3R 0B8
Canada
Telephone number:
+1 (866) 267-6255
If you wish to make a complaint to the relevant regulatory authority for data protection issues, please see Section 16. We would, however, appreciate the opportunity to review and address your concerns before you approach any regulatory authority so please contact us in the first instance.
Section 3. Changes to this Policy and Your Duty to Inform us of ChangesIt is important that the Personal Information we hold about you is accurate and current. Please keep us informed if the Personal Information you provided changes during your relationship with us.
LifeWorks may update this Policy to reflect changes to our information practices. If LifeWorks makes any material changes to our Policy, those changes will apply to information we have already collected from you unless we are required to obtain your consent before making those changes. LifeWorks will endeavor to notify you of material changes; nevertheless we encourage you to periodically review this page for the latest information on this Policy.
Section 4. Third Party Links and Other SitesOur Website, App, and email communications may link to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share information about you. When you leave our Website or App, we encourage you to read the privacy policies of every website or application you visit. The websites or email communications of third parties may also link to our Website. LifeWorks is not responsible for the user terms, privacy policies or data practices of third parties, and information collected by third parties is not governed by this Policy.
Section 5. What Information Does LifeWorks Collect About You?LifeWorks collects both Personal and Anonymous Information from you:
Personal Information means any information about an individual from which that person can be directly or indirectly identified and includes, where applicable, Sensitive Personal Information (as defined below).
Anonymous Information means information that does not and cannot directly or indirectly identify you. This includes Personal Information which has been anonymized or de-identified.
This Policy informs you about how we collect Personal Information about you. In order to operate our Website and App, LifeWorks collects, uses, stores and transfers different kinds of Personal Information about you which may include the following categories of information:
Identity Information includes first name, maiden name, last name, username, employee number or similar identifier, marital status, job title, hire date, date of birth and reported gender.
Contact Information includes billing address, postal address, email address and telephone numbers.
Financial Information includes bank account, Paypal email address and payment card details.
Transaction Information includes details about payments to and from you and other details of products and services you have purchased through our Website and/or our App.
Technical Information includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our Website and/or our App.
Profile Information includes your username and password, purchases or orders made by you through our Website or App, your interests, preferences, feedback, comments and survey responses within our Website and/or App.
Usage Information includes information about how you use our Website, our App, and our products and services.
Sensitive Personal Information means:
Health Information such as information regarding your physical and/or mental health which we receive including in connection with your use of the EAP & Wellness Services;
Claims Information such as information disclosed to us by your insurance or health plan provider regarding claims you have made under your policy, which may include Health Information; and
Other Sensitive Personal Information you disclose to us about your race, ethnicity, sexual orientation, sex life, genetic data, biometric data (including data from wearable technology such as pedometers, heart rate monitors, etc.), religious or philosophical beliefs, political opinions or trade union membership.
Please note that the above list is a summary description of the types of data we may collect from you, or about you. Whether or not we actually obtain any such information depends on what LifeWorks Services your employer chooses to make available to you, what LifeWorks Services you choose to participate in, and what information you choose to provide to us by using the LifeWorks Services available to you.
We also collect, use and share aggregated information such as statistical or demographic information for any purpose. Aggregated information may be derived from your Personal Information but is not considered Personal Information in law as this information does not directly or indirectly reveal your identity. However, if we combine or connect aggregated information with your Personal Information so that it can directly or indirectly identify you, we treat the combined information as Personal Information which will be used in accordance with this Policy.
Section 6. What If You Choose Not to Provide Personal Information?Where we need to collect Personal Information by law, or under the terms of a contract we have with you and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the LifeWorks Services). In this case, we may have to cancel the relevant LifeWorks Services you have with us but we will notify you if this is the case at the time.
Section 7. Personal Information of MinorsLifeWorks Website and App are not directed toward children. We do not knowingly collect, use or post Personal Information from children under the age of thirteen (13). If we determine upon collection that a user is under this age, we will not use or maintain his or her Personal Information without parent or guardian/custodian consent. If we become aware that we have unknowingly collected Personal Information from a child under the age of thirteen (13), we will make commercially reasonable efforts to delete such information from our records. In order for any child under the age of thirteen (13) to access any of our EAP & Wellness Services, the parent or guardian/custodian of such child must contact LifeWorks on their behalf.
Section 8. How Does LifeWorks Collect Your Personal Information?LifeWorks collects Personal Information only for the purposes of providing and promoting the LifeWorks Services, including initiating, maintaining, enhancing, and terminating the employee-employer relationship (please see Section 9)
We use different methods to collect information from and about you including:
Direct interactions: You may give us your Personal Information by filling in forms (including online forms) or by corresponding with us by conventional post (or mail), phone, email or otherwise. This includes Personal Information you provide when you:
create an account through our Website or App
make booking requests or perform other transactions through our Website or App, including Work & Perks products and rewards;
report a problem or submit queries, concerns or comments regarding the content on our Website or App;
enter a competition, promotion or survey that LifeWorks may from time to time run on the Website or App or through a separate service;
post on our Website or App, including in the form of comments or contributions to discussions;
request sessions with an EAP Counsellor;
request to participate in a chat and/or video sessions;
give us feedback; or
request marketing materials to be sent to you.
Automated technologies or interactions: As you interact with our Website or App, we may automatically collect Technical Information (including your location) about your equipment, browsing actions and patterns. We collect this Personal Information by using cookies, server logs and other similar technologies. We may also receive Technical Information about you if you visit other websites employing our cookies. Please see our cookies policy.
Third parties: We may receive Personal Information about you from various third parties, including EAP Counsellors in relation to your use of our EAP & Wellness Services and web traffic analytics providers such as Google Analytics.
Surveys: When you visit LifeWorks Website or App, LifeWorks may ask you to complete a survey telling LifeWorks about your experience. All survey responses are anonymous, but you may choose to provide your name and contact information so that LifeWorks can follow up with you on any comments.
Web Server Logs: The internet connected device that delivers our Website to you (for example, a computer, tablet or smartphone) records information about your visit. For example, the web server log records your IP address, your Internet browser type, version and language, your operating system, your displaysscreen size, the date and time of your visit and the pages you visit on our Website.
Section 9. How and Why Does LifeWorks Use Your Personal Information?We only use your Personal Information when the law in your jurisdiction allows us to. We use your Personal Information for the purposes set out in the chart below (see Purpose/Activity).
EU data protection law requires us to be specific about our reasons or legal grounds for using your Personal Information. Accordingly, for EU users only, we identify the following grounds for using your Personal Information:
where we need to perform the contract we are about to enter into or have entered into with you (Contract Performance) (for example, the User Terms you agree to when you create an Account is a contract between you and LifeWorks);
where it is necessary for our legitimate interests (i.e. we have a legitimate business or commercial reason for using your information), and your interests and your fundamental rights do not override those interests (our Legitimate Interests);
where we need to comply with a legal or regulatory obligation (our Legal Obligation); and/or
where you have provided your general consent (Consent) or, in the case of Sensitive Personal Information, when you have provided your explicit consent to our collection of that Sensitive Personal Information (Explicit Consent).
Set forth below is a description of the ways we will use your Personal Information and, for EU users only, the grounds we may rely on to do so, including our Legitimate Interests. Please note that we may process your Personal Information for more than one ground depending on the specific purpose for which we are using your information. Please contact us if you need details about the specific ground we are relying on to process your Personal Information where more than one ground has been set out in the table below.
Except for the purposes for which we use your Personal Information set out in the Purpose/Activity column, nothing in the chart below is intended to bind LifeWorks in respect of its non-EU users.
Purpose/Activity
(All users)
Reason/Legal Ground
(EU users only)
Legitimate Interest
(EU users only)
Create and administer your account when you register
Contract Performance
Legitimate Interests
Efficiently fulfilling our legal and contractual duties
Providing high quality customer service
Identify you when you sign in to your account for authentication purposes, including matching you with your employer information in order to confirm that you are employed with them
Contract Performance
Legitimate Interests
Efficiently fulfilling our legal and contractual duties
Providing high quality customer service
To communicate with you and respond to your inquiries, including responding to and resolving complaints
Contract Performance
Legitimate Interests
Legal Obligation
Complying with regulations that apply to us
Efficiently fulfilling our legal and contractual duties
Providing high quality customer service
To enable LifeWorks to process your orders through our Website or App, including in relation to Work & Perks, and to provide you with the services and information which you request
Contract Performance
Legitimate Interests
Efficiently fulfilling our legal and contractual duties
Providing high quality customer service
Providing our customers with high quality products, services and features
To administer auditing, billing and reconciliation activities and other financial and payment-related functions (including verification) in relation to payments you make through our Website or App
Contract Performance
Legitimate Interests
Legal Obligation
Efficiently fulfilling our legal and contractual duties
To exercise our rights in agreements and contracts to which we are a party
Contract Performance
Legitimate Interests
Efficiently fulfilling our legal and contractual duties
To collect your real-time location to provide location services requested by you
Consent
Contract Performance
Legitimate Interests
Providing our customers with high quality products, services and features
Keeping our products, services and features updated and relevant
To collect information relating to the recognition of other users and colleagues (NOTE: such information can be viewed by other users and your employer)
Legitimate Interests
Contract Performance
Providing high quality customer service
Providing our customers with high quality products, services and features
Keeping our products, services and features updated and relevant
To send you information LifeWorks thinks you (or your employer, in the case of authorized administrators) may find useful or which you have requested from LifeWorks, including receipt of marketing communications such as our periodic newsletter and information about our products and services
Consent
Explicit Consent
Contract Performance
Legitimate Interests
Developing products and services, and adjusting what we charge for them
Defining types of customers for new products or services.
Seeking your consent when we need it to contact you
To conduct research and analysis to improve the quality of our marketing and the experience of and relationships with our customers
Consent
Explicit Consent
Legitimate Interests
Developing products and services, and adjusting what we charge for them
Keeping our products, services and features updated and relevant
To provide anonymized aggregate transaction data to your employer (subject to our contract with your employer) for the purpose of informing the employer about its employees preferred retailers and offers
Contract Performance
Legitimate Interests
Providing high quality customer service
Efficiently fulfilling our legal and contractual duties
To log EAP & Wellness Services activities and provide anonymized summaries to LifeWorks employer clients for reporting purposes
Contract Performance
Legitimate Interests
Legal Obligation
Efficiently fulfilling our legal and contractual duties
Providing high quality customer service
Providing our customers with high quality products, services and features
To provide you with counselling and well-being treatment as part of our EAP & Wellness Services
Explicit Consent
Contract Performance
Legal Obligation
Providing our customers with high quality products, services and features
To analyse your Personal Information, including Sensitive Personal Information which we may receive through your use of our EAP & Wellness Services or which we may predict about you from other Personal Information about you or based on your use of our Website or the App, to provide you with personalized content and recommended features on LifeWorks News Feed
Explicit Consent
Legitimate Interests
Providing our customers with high quality products, services and features
Keeping our products, services and features updated and relevant
To analyse your Personal Information, including Sensitive Personal Information which we may receive through your use of our EAP & Wellness Services or which we may predict about you from other Personal Information about you or based on your use of our Website or the App, to provide you with offers and rewards as part of our Work & Perks service
Explicit Consent
Legitimate Interests
Providing our customers with high quality products, services and features
Keeping our products, services and features updated and relevant
To analyse your Claims Information (which you may permit LifeWorks to receive from your insurance provider) to provide you with personalized content and recommended features on LifeWorks News Feed and as part of our Work & Perks services, including combining your Claims Information with other information about you, to predict content and features which are most relevant to you across the LifeWorks Services
Explicit Consent
Legitimate Interests
Providing our customers with high quality products, services and features
Keeping our products, services and features updated and relevant
To administer and protect the security of our business and the LifeWorks Website and App (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
Contract Performance
Legitimate Interests
Legal Obligation
Developing and improving the network security, efficiency and technical specification of our IT systems and infrastructure
To develop, manage and improve the LifeWorks Services (including conducting research and analysis) and to test new products, services, and features of the Website or the App
Contract Performance
Legitimate Interests
Legal Obligation
Providing our customers with high quality products, services and features
Keeping our products, services and features updated and relevant.
To run our business in an efficient and proper way, including in respect of our financial position, business capability, corporate governance, audit, strategic planning and communications
Legitimate Interests
Legal Obligation
Complying with regulations that apply to us
Efficiently fulfilling our legal and contractual duties
Your ChoicesPlease see the subject headings below for more information about how and when LifeWorks uses your Personal Information:
Marketing: We strive to provide you with choices regarding certain Personal Information uses, particularly around marketing and advertising. One of the ways we use your Personal Information is to form a view on what we think you may want or need, or on what may be of interest to you and you may receive personalised content, including marketing communications, from us. We will provide you with the appropriate opt-out. In addition, we will obtain your consent before we share your Personal Information with any person or entity outside the LifeWorks group of companies for marketing purposes. You can ask us to stop sending you transactional messages at any time by logging into the Website or the App and checking or unchecking relevant boxes to adjust your preferences. You can ask us to stop sending you marketing emails by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Cookies: You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the LifeWorks Services may become inaccessible or not function properly. For more information about the cookies we use, please see our cookies policy.
Location Information: You may opt out at any time from allowing location access by LifeWorks to your location information in Location Services under the Settings tab in your account. You can also stop all information collection by uninstalling our App. You may use the standard uninstall processes as may be available as part of your mobile device or via the App market place network.
Do Not Track Mechanisms: California law requires this Policy to address how we respond to any Do-Not-Track (DNT) signal delivered by your browser. Because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, we currently do not make any guarantee that we will honour DNT signals.
Change of Purpose: 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. 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.
PLEASE NOTE THAT WE MAY PROCESS YOUR PERSONAL INFORMATION WITHOUT YOUR KNOWLEDGE OR CONSENT WHERE THIS IS REQUIRED BY LAW.
Section 10. How Does LifeWorks Share Your Personal Information?We require all third parties to respect the security of your Personal Information and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Information for their own purposes and only permit them to process your Personal Information for specified purposes and in accordance with our instructions.
LifeWorks may have to share your Personal Information with the parties set out below for the purposes set out in the table above. In relation to the EAP & Wellness Services, LifeWorks will only disclose such Personal Information as is strictly needed for such services (e.g. name to start a live chat session).
LifeWorks Family: LifeWorks may disclose your Personal Information to any other LifeWorks entity, subject to applicable law. We may also disclose your Personal Information to our agents and contractors, who will only use your information to the extent necessary to perform their function.
EAP Counsellors: LifeWorks shares your Personal Information, including your Sensitive Personal Information with EAP Counsellors who may provide you with wellbeing and counselling services and/or treatment as part of the EAP & Wellness Services.
Work & Perks Partners: LifeWorks may share your Personal Information with the companies that participate in LifeWorks Work & Perks service offering. These third parties provide products or services which may be of interest to you through LifeWorks Website and App.
Service Providers: LifeWorks may share your Personal Information with companies or individuals that provide us with services. These services may include, among other things, providing products or services to you or your employer on our behalf, creating or maintaining our databases, researching and analyzing the usage and performance of the Website or the App, preparing and distributing communications, and responding to inquiries. In relation to the EAP & Wellness Services, LifeWorks only shares anonymized information with such service providers.
General Public and Other Website or App Users: LifeWorks may decide to allow users to share comments, blog postings, testimonials, or other similar information. If you choose to submit such information to LifeWorks, the information that you submit may be available generally to the public. Information you provide in these areas of the Website and/or the App may be read, collected, and used by others who access them. LifeWorks may make the chat rooms, message boards, news groups and/or other forums on its Website and App available to all its users. Any information that is disclosed in these areas may be visible to others within your network (company). You should exercise caution when using these and never disclose your Personal Information or make any statement that you would not wish others to see.
Successor Organisations following a Business Transition: In the event that LifeWorks, or any portion of our assets, are acquired by a third party, LifeWorks may share your Personal Information with the acquiring company or business subject to applicable law.
Law Enforcement Agencies: LifeWorks may report to law enforcement agencies any activities that we are obligated to disclose under mandatory reporting rules, that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity. In addition, subject to applicable law, LifeWorks reserves the right to release your Personal Information to law enforcement agencies if LifeWorks determines that you have violated our policies or terms of use, or the release of your Personal Information may protect the rights, property, or safety of LifeWorks, its employees and agents or any other person. We may be required to disclose Personal Information in response to a legal inquiry by public authorities, including but not limited to meeting national security or law enforcement requirements.
Government, Regulatory or Court Authorities: LifeWorks may share your Personal Information with governmental entities, regulatory authorities or third parties in response to subpoenas, court orders, other legal process, or as LifeWorks believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against LifeWorks, or to defend against possible legal claims that LifeWorks determine might be brought against LifeWorks.
Third Party Operators of Online Applications and Tools available through our Website or App: LifeWorks offers tools and applications on our Website and App, such as chat and video technology, health assessments and calculators, wearable devices and financial calculators, that are powered by third parties.If you use those applications or tools, any Personal Information that you provide may be shared with the third party that provides that functionality. The third partys use of any Personal Information they collect is subject to their privacy policy.
Your Employer and Health Plan Provider: LifeWorks provides aggregated and statistical information to your employer or in some instances (and where applicable) your health plan provider. The aggregate information assists in program planning to improve the overall health of your employers employees, and/or to evaluate LifeWorks performance. In addition, your employer may have access to the News Feed and Work & Perks social media environment available to all of your co-workers for the purposes of offering and managing awards, incentives, competitions and similar features open to participants from your company.
Section 11. International Transfers EU Users OnlyWe share your Personal Information within the LifeWorks group of companies. For EU residents, this means that we may transfer your data outside the European Economic Area (EEA). In addition, many of our external third parties are based outside the EEA so their processing of your Personal Information will involve a transfer of information outside the EEA. Whenever we transfer your Personal Information out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
we will only transfer your Personal Information to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
where we use certain service providers, we may use specific contracts approved by the European Commission which give Personal Information the same protection it has in Europe; or
where we use providers based in the US, we may transfer information to them if they are part of the Privacy Shield which requires them to provide similar protection to Personal Information shared between the Europe and the US.
Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Information out of the EEA.
Section 12. LifeWorks Privacy Shield CertificationLifeWorks complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union to the United States. LifeWorks has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. In particular, LifeWorks will comply, and will require its third party service providers to comply, with the Accountability for Onward Transfer principle in relation to any onward transfer of your Personal Information after it is transferred to the United States under the Privacy Shield. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall apply. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
In compliance with the Privacy Shield Principles, LifeWorkscommits to resolve complaints about our collection or use of your Personal Information. EUindividuals with inquiries or complaints regarding our obligations under the Privacy Shield should first contact LifeWorks at:
Name:
LifeWorks US Inc.
Address:
201 17th Street
Suite 630
Atlanta, GA 30363
USA
Email:
LifeWorkshas further committed to refer unresolved Privacy Shield complaints to JAMS ADR (www.jamsadr.com), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit JAMS ADR for more information or to file a complaint. The services of JAMS ADR are provided at no cost to you.
Name:
JAMS ADR
Address:
One Atlantic Center 1201 West Peachtree, NW, Suite 2650 Atlanta, GA 30309 USA
Telephone:
+1(404) 588-0900
If you are not satisfied with the outcome of the above recourse mechanism, you may seek arbitration with us for certain residual claims (the Arbitration Option), to determine whether we as a Privacy Shield organization have violated our obligations under the Principles of the Privacy Shield, and whether any such violation remains fully or partially unresolved. The Arbitration Option is not available in certain circumstances such as disputes concerning the exceptions to the Privacy Shield Principles or claims questioning the adequacy of the Privacy Shield framework. Under the Arbitration Option, the Privacy Shield Panel (consisting of one or three arbitrators, as agreed by the parties) has the authority to impose individual-specific, non-monetary equitable relief (such as access, correction, deletion, or return of the individuals data in question) necessary to remedy the violation of the Principles only with respect to you. In considering remedies, the arbitration panel is required to consider other remedies that already have been imposed by other mechanisms under the Privacy Shield. No damages, costs, fees, or other remedies are available. Each party bears its own attorneys fees.
If you decide to invoke the Arbitration Option, you must take the following steps prior to initiating an arbitration claim: (1) raise the claimed violation directly with us and afford us the opportunity to resolve the issue within 45 days; (2) make use of the independent recourse mechanism referred to above, which is at no cost to you; and (3) raise the issue through your data protection authority to the Department of Commerce and afford the Department of Commerce an opportunity to use best efforts to resolve the issue within the timeframes set forth in the Letter from the International Trade Administration of the Department of Commerce, at no cost to the individual.
Section 13. How Does LifeWorks Secure Your Personal Information?We take reasonable steps to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Information on our instructions and they are subject to a duty of confidentiality. Furthermore, all LifeWorks employees, agents and contractors receive regular training on LifeWorks policies, procedures and standards on data protection and privacy.
We also maintain procedures to deal with any suspected Personal Information breaches and will notify you and any applicable regulator of a breach where we are legally required to do so.
Section 14. How Long Does LifeWorks Retain Your Personal Information?LifeWorks retains your Personal Information for only as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.
In certain cases (such as for information relating to the provision of EAP & Wellness Services (including Sensitive Personal Information)), LifeWorks retains your Personal Information for up to seven (7) years.
As part of the Work & Perks service, LifeWorks retains your Personal Information for the duration of the contract with our Work & Perks Partner. At the end of the contract, LifeWorks retains your information for an additional ninety (90) days to ensure all claims have been satisfied.
In general, to determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, as well as the applicable legal requirements.
At the end of the applicable retention period, LifeWorks will either physically or electronically erase the Personal Information from our systems or will anonymize the Personal Information in a non-recoverable manner.
Section 15. What Rights Do You Have In Connection With Your Personal Information?Depending on where you are located, you may have the following rights in connection with your Personal Information:
Right to withdraw consent at any time: This applies where we are relying on consent to process your Personal Information and you can exercise this right by contacting us using this form. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide the LifeWorks Services to you. We will advise you if this is the case at the time you withdraw your consent.
Request access to your Personal Information: This enables you to receive a copy of the Personal Information we hold about you and to check that it is accurate and that we are processing it lawfully. Where Personal Information is not made directly available to you, please contact us usingthis form.
Object to our processing of your Personal Information: This enables you to object to processing of your Personal Information where we are relying on a legitimate interest and there is an impact on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override certain of your rights and freedoms.
You also have the right to object where we are processing your Personal Information for direct marketing purposes, but this may prevent you from further using certain of our Services, including Works & Perk. The marketing emails we send you will provide you with the opportunity to unsubscribe.
Request correction of your Personal Information: This enables you to have any incomplete or inaccurate Personal Information we hold about you corrected, though we may need to verify the accuracy of the new Personal Information you provide to us.
Request erasure of your Personal Information: This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Request transfer of your Personal Information: This enables you to request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Request restriction of processing: This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the informations accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the Personal Information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your Personal Information but we need to verify whether we have overriding legitimate grounds to use it.
Right not to be subject to a decision based on automated profiling: This applies where the automated processing produces legal effects on you or similarly significantly affects you. Note, it does not apply if the decision (a) is necessary for the us to perform any contracts between you and us, (b) is authorized by applicable law, or (c) is based on your Explicit Consent. However, where (a) or (c) applies, you have the right to obtain human intervention. You also have the right to be informed of the logic involved in such processes.
Make a complaint: You have the right to make a complaint at any time to the relevant regulator or data protection authority in the country in which you reside. Please see Section 16.
Please note that with the exception of make a complaint, you cannot request to exercise any of the above rights where your Personal Information has been anonymized or de-identified.
You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.Section 16. Who Supervises LifeWorks Activities And How Do You Contact Them?In the United States, LifeWorks US Inc., is subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC). The FTC can be contacted by calling the FTCs Consumer Response Center at 1-877-FTC-HELP (1-877-382-4357) or at https://www.ftc.gov/news-events/media-resources/identity-theft-and-data-security/filing-complaint.
In Canada, LifeWorks Canada Ltd. is subject to the Privacy Commissioner of Canada or the Privacy Commissioner in the applicable province: Office of the Privacy Commissioner of Canada, 30 Victoria Street, Gatineau, Quebec, K1A 1H3, Phone: 1-800-282-1376.
In the EU, Work Angel Technology Ltd (trading as LifeWorks), is supervised by the UK Information Commissioners Office, Phone: +44 1625 545 700, Email: https://ico.org.uk/global/contact-us/email/.
To contact other European data protection authorities directly see http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
We commit to cooperate with EU data protection authorities and comply with the advice given by such authorities with regard to human resources data transferred from the EU in the context of the employment relationship.
In Switzerland, we are subject to the Swiss Federal Data Protection and Information Commissioner, Office of the Federal Data Protection and Information Commissioner FDPIC, CH - 3003 Berne, Telephone: +41 (0)58 462 43 95.
Version:2018.05.08 Please Direct Questions and Comments to: [email protected]
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View ArticleLifeWorks COOKIES POLICY
Direct Questions and Comments to: [email protected]
Many sites use cookies, which are pieces of information that include a unique reference code that a website transfers to your devices to store and sometimes track information about you. Our websites and mobile application (together, the Website) use cookies to distinguish you from other users of our Website. This helps LifeWorks to provide you with a good experience when you browse our Website and also allows us to improve our site.
A number of cookies LifeWorks uses last only for the duration of your web session and expire when you close your browser. Other cookies (known as persistent cookies) which are used to remember you when you return to the Website will last for longer. LifeWorks uses persistent cookies on our Website to allow us to personalize your experience.
Cookies We Use
The table below explains the cookies LifeWorks uses and why:
Company
Cookie
Purpose
Expiry
LifeWorks
WAM_AUTH
wamToken
To maintain your browsing session between webpages, and between the Website and API (application programming interface).
End of the session.
LifeWorks
lw_language
To track the language in which our Website is displayed.
This cookie is stored locally and is not transmitted with each HTTP request.
This cookie does not expire in order to ensure the login page is displayed in your chosen language.
LifeWorks
wamMe
wamT
persistence
To keep you logged in between webpage changes.
These cookies are stored locally and are not transmitted with each HTTP request.
When you log out of the LifeWorks platform.
LifeWorks
walkthroughExcludeList
To provide a walkthrough for first time users.
This cookie is stored locally and is not transmitted with each HTTP request.
This cookie does not expire to ensure you do not see the walkthrough more than once.
LifeWorks
cinemas*
giftCards*
To track an order when the connection to the Website is interrupted.
These cookies are stored locally and are not transmitted with each HTTP request.
These cookies do not expire.
LifeWorks
ZenDesk
_help_center_session
_zendesk*
To provide you with a better experience in the LifeWorks Helpdesk area.
The expiry times of these cookies vary.
Please refer to Zendesks Cookies Policy.
LifeWorks
OneHippo
AWSELB
To serve you with Employee Assistance Program content from our Content Management System.
End of the session.
Google Analytics
_ga
_gat
_gid
To collect non-personal information about how visitors use the LifeWorks Website, which LifeWorks uses to monitor the performance of the Website and to improve the Website where necessary.
Please refer to the Privacy Policy and/or Cookies Policy of the relevant company.
Stripe
__stripe_mid
__stripe_sid
To facilitate the payment process between LifeWorks and Stripe, our payment provider.
Google
CONSENT
DV
NID
1P_JAR
Google uses these cookies to enable advertising personalization, to track conversion rates and to check whether consent has been given.
Amazon Cloudfront
Cloudfront-*
To ensure you have permission to access certain content available on the LifeWorks platform.
Third Party Cookies
In addition to the cookies LifeWorks delivers to your computer or mobile device through this Website, certain third parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Website. To learn more about Google Analytics, click here.
Other third parties may deliver cookies to your computer or mobile device for the purpose of tracking your online behaviors across non-affiliated websites and delivering targeted advertisements either on this Website or on other websites.
You have choices about the collection of information by third parties on our Website. For example, if youdon'twant information about your visit to this Website sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Please note that the Add-on does not prevent information from being sent to LifeWorks. In addition, if you would like to opt out of having participating entities collect your online behavior for advertising purposes when you are browsing our websites, click here for a Website Opt Out. You will be directed to an industry-developed website that allows you to choose whether each listed entity may collect and use data for interest-based advertising purposes. It may be that some of the third parties that collect interest-based information on this Website do not participate in the Website Opt Out, in which case the best way to avoid third party tracking of your online behaviors may be through your browser settings and deletion of cookies.
The Website Opt Out described above works only on websites. To opt out of having participating entities track your behaviors for advertising purposes when you are using our mobile apps, download and use the Digital Advertising Alliances App Choices app. As with the Website Opt Out, the Mobile App Opt Out prevents tracking only by participating entities.
Please note that the Website Opt Out and Mobile App Opt Out are device specific. If you wish to opt-out from having interest-based information collected by participating entities across all devices, you need take the steps outlined above from each device.
Further Information
If you choose, you can set your browser to reject cookies or you can manually delete selected cookies or all of the cookies on your computer by following your browsers help file directions. However, if your browser is set to reject cookies or you manually delete cookies, you may have some trouble accessing and using some of the pages and features that are currently on our Website, or that we may put on our Website in the future.
The information we collect using cookies and similar technologies may in and of itself personally identify you and we may link it to other personal information that you provide (please see our Privacy Policy. The information we collect may depend on your browser settings.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org which includes information on how to manage your settings for the major browser providers.
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