The following terms and conditions (“Terms and Conditions”) govern the use of the website located at https://www.sfs-inc.net (the “Site”). By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms and Conditions and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this Site and must exit immediately.
These Terms and Conditions may be changed at any time. Notice of any new or revised Terms and Conditions, as well as the location of the new or revised Terms and Conditions, will be posted on the Site for at least 60 days after the change. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to these Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made.
Proprietary Rights
All works of authorship, information, content, and material appearing on or contained in this Site (“Site Materials”) are protected by law, including but not limited to, United States copyright law. Except as explicitly stated in the Site, the entirety of the Site Materials (including, without limitation, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes) are Southeast Financial Services, Inc. All rights reserved. Southeast Financial Services, Inc. (“SFS, Inc.”) also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization, and enhancement of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any or all Site Materials, in whole or in part, without the prior written consent of SFS, Inc., is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to any Site Materials or any other proprietary information of SFS, Inc., without SFS, Inc.’s advance written consent, is prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to SFS, Inc. or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
Communications with the Site
SFS, Inc. welcomes your feedback and suggestions about how to improve our products, information, and services and this Site. By transmitting any suggestions, information, data, material, or other content (collectively, “Submissions”) to SFS, Inc., you automatically grant SFS, Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) throughout the universe and to incorporate such in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission(s). Further, SFS, Inc. is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any communications you send to this Site for any purpose whatever, including, but not limited to, creating and marketing products, information, or services using such information.
Nature of the Internet
Given the nature of the Internet, the transmission of any communication or material to SFS, Inc. via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed as secure.
Privacy Policies and Procedures
In addition to the policies outlined below, regarding any SMS or mobile communication services offered by SFS, Inc.:
- SMS consent is not shared with third parties for marketing purposes.
- No mobile opt-in data is shared.
- We do not sell, rent, release, or transfer your SMS consent or phone number to any third party for any third-party marketing purposes.
If you consent to receive SMS communications, you acknowledge and agree to receive text messages from SFS, Inc. at the phone number you provide. Information obtained as part of the SMS consent process will not be shared with third parties.
- Opt-Out: You can opt out at any time by texting “STOP”.
- Assistance: For assistance, text “HELP”.
- Rates and Frequency: Message and data rates may apply. Message frequency may vary.
This provides notice of the privacy practices and policies of Southeast Financial Services, Inc. These protections have been adopted to ensure that the information that we obtain and maintain for our current, past, and potential clients and customers, which may also include information about the employees, dependents, former employees and dependents, and other eligible participants on a group health plan for which we are providing services (“Protected Parties”) and is protected in accordance with relevant state and federal rules. The Notice outlines our practices, policies, and legal duties to maintain and protect against prohibited disclosure of personally-identifiable financial information (as required by the federal Gramm-Leach-Bliley Financial Modernization Act (“GLB Act”), and the various state laws implementing those requirements), Protected Health Information of those Protected Parties (under the privacy regulations mandated by the Health Insurance Portability and Accountability Act and further expanded by the Health Information Technology for Economic and Clinical Health Act provisions in Title XIII of the American Recovery and Reinvestment Act (“HITECH”), the HIPAA Omnibus ruling of 2013, and the regulations related to these laws and mandates), and the protection of Personally Identifiable Information under 45 CFR § 155.260 (collectively referred herein as “Privacy Rules”).
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT A PROTECTED PARTY MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
THE PROTECTION OF THE PRIVACY OF THE INFORMATION WE RECEIVE AND MAINTAIN IS IMPORTANT TO US.
Statement of Our Duties. We are required by law to maintain the privacy of non-public personal information (“NPPI”), protected health information (“PHI”), and personally identifiable information (“PII”) (collectively referred herein as “Protected Information”) of the Protected Parties and to provide our clients with this notice of our privacy practices and legal duties. We are required to abide by the terms of this notice. We reserve the right to change the terms of this notice and to adopt any new provisions regarding the Protected Information that we maintain about the Protected Parties. If we revise this notice, we will provide each client or customer with whom there is a current and direct business relationship with a revised notice by mail, electronic mail, or any other electronic means, telefacsimile or fax, or hand-delivery.
Statement of the Client’s Rights under Privacy Rules. As our client or customer, you have a right to know how we may use or disclose the Protected Information we maintain on those Protected Parties with whom there is a direct relationship. In the event that our customer or client is an employer sponsoring a group health plan, we do not have a direct duty to their employees, dependents, former employees or dependents, or other eligible participants on the group health plan. Our obligations to not disclose the Protected Information we maintain about those individuals may arise due to our contractual obligations as a Business Associate of the client or customer, as well as to any other third party who is a Covered Entity under the Privacy Rules but does not create a special legal duty to provide notice to those individuals of their rights through a Notice of Privacy Practices.
Primary Uses and Disclosures of Protected Information. We use and disclose Protected Information about Protected Parties for payment and health care operations. Privacy Rule does not generally “preempt” (or take precedence over) state privacy or other applicable laws that provide individuals greater privacy protections. As a result, to the extent state law applies, the privacy laws of a particular state, or other federal laws, rather than the Privacy Rules, might impose a privacy standard under which we will be required to operate. For example, where such laws have been enacted, we will follow more stringent state privacy laws that relate to uses and disclosures of the Protected Information concerning HIV or AIDS, mental health, substance abuse, chemical dependency, genetic testing, or reproductive rights.
In addition to these law requirements, we also may use or disclose Protected Information in the following situations:
- Payment: We might use and disclose your Protected Information for all activities that are included within the definition of “payment” within the Privacy Rules. For example, we might use and disclose a Protected Party’s Protected Information to assist with the payment of claims for services provided to that Protected Party by doctors, hospitals, pharmacies, and others for services that are covered by a group health plan. We might also use your information to determine your eligibility for benefits, to coordinate benefits, to examine medical necessity, to obtain premiums, and to issue explanations of benefits to the person who subscribes to the health plan in which you participate.
- Health Care Operations: We might use and disclose a Protected Party’s Protected Information for all activities that are included within the definition of “health care operations” within the Privacy Rules. For example, we might use and disclose the Protected Information of a Protected Party to an insurer to determine the premiums for your health plan, to conduct quality assessment and improvement activities, to engage in care coordination or case management, and to manage our business.
- Business Associate Subcontractors: In connection with our payment and health care operations activities, we contract with individuals and entities (called “Subcontractors”) to perform various functions on our behalf or to provide certain types of services. To perform these functions or to provide the services, our subcontractors will receive, have access to, create, maintain, use, or disclose Protected Information, but only after we require the subcontractor to agree in writing to contract terms designed to appropriately safeguard your information.
- Other Covered Entities: In addition, we might use or disclose your Protected Information to assist health care providers in connection with their treatment or payment activities, or to assist other covered entities in connection with certain of their health care operations. For example, we might disclose a Protected Party’s Protected Information to a health care provider when needed by the provider to render treatment to that party, and we might disclose Protected Information to another covered entity or subcontractor to conduct health care operations related to billing, claims payment or enrollment.
For all other uses and disclosures, we first must obtain your permission.
In addition, you have the following rights:
- The right to request that we place additional restrictions on our uses and disclosures of the Protected Information of Protected Parties. However, we are not obligated to agree to impose any such additional restrictions.
- The right to access, inspect, and copy the protected information pertaining to Protected Parties that we maintain in our files, and the right to have us correct or amend any information that we create in error. Requests to access or amend your health information should be sent to the contact person and address provided below.
- The right to receive an accounting of the disclosures of the Protected Information we maintain on Protected Parties that we make for purposes other than activities related to payment functions or other health care operations.
- The right to request that communications containing a Protected Party’s Protected Information are sent in a confidential manner.
- If you received this notice electronically, you also have the right to obtain a paper copy of this notice from us on request.
Information We Collect About You. We collect the following categories of information for group and/or individual policies from the following sources:
- Information that we obtain directly from you, in conversations or on applications or other forms that you or a Protected Party completes.
- Information regarding current or prospective plan participants we obtain about them on applications or other forms.
- Information about the plan’s transactions with our affiliates, others, or us.
- Information that we obtain as a result of our transactions with you.
The Right to Access and Update Information. You have the right to access, update, or correct your personal information. To do so, please contact us using the information provided below.
Permissible Uses and Disclosures of Protected Information. We disclose the information we receive regarding current or prospective plan participants only in accordance with the terms and conditions of the various Business Associate contracts we have entered to with Covered Entities under Privacy Rules and as permitted under state and federal laws concerning the privacy of your insurance and financial information. Those include:
Situations Permitted or Required by Law. We also may use or disclose your Protected Information without your written permission for other purposes permitted or required by law, including, but not limited to the following:
- As authorized by and to the extent necessary to comply with Workers’ Compensation or other no-fault laws;
- To an oversight or insurance regulatory agency for activities including audits or civil, criminal or administrative actions;
- To a public health authority for purposes of public health activities (such as to the Federal Food and Drug Administration to report consumer product defects);
- To a law enforcement official for law enforcement purposes or in response to a court order or in the course of any judicial or administrative proceeding;
- To organ procurement organizations or other entities for approved research; or
- To a governmental authority, including a social service or protective services agency, authorized to receive reports of abuse, neglect, or domestic violence.
- For Any Purposes to Which You Have Not Objected. In certain limited circumstances, we may use or disclose your Protected Information after we have given you an opportunity to object and you have not objected. For example, if you do not object, we may use limited information about you to maintain an office directory, to notify family members or any other person identified by you regarding issues directly related to such person’s involvement with your care or payment for that care, or in emergency circumstances.
- For Purposes for Which We Have Obtained Your Written Permission. All other uses or disclosures of your Protected Information will be made only with your written permission, and you may revoke any permission that you give us at any time.
Complaints About Misuse of Health Information. You may complain either directly to us or to the Secretary of Health and Human Services if you believe that your rights with respect to our protection of your health information have been violated. To file a complaint with us, you may send a written statement outlining your complaint, the facts and circumstances surrounding your complaint, including the names, dates, and as many details as possible. You will not be retaliated against in any way for filing a complaint.
Our Practices Regarding Confidentiality and Security. We restrict access to Protected Information about you to those employees and its subcontractors who need to know that information in order to provide products and services to you. We maintain physical, electronic, and procedural safeguards that comply with state & federal regulations to guard your Protected Information.
Our Duties. We are required by law to maintain the privacy of Protected Information and to provide individuals with notice of its legal duties and privacy practices with respect to Protected Information. If unsecured Protected Information is acquired, used, or disclosed in a manner that is not permitted under the Privacy Rules that compromises the security or privacy of that Protected Information, (referred to as a “Breach”), We are required to provide appropriate Notice as defined by law without unreasonable delay and in no case later than 60 days after the discovery of the Breach or the receipt of information of the Breach. We may delegate this duty to a subcontractor. We are required to abide by the terms of the Notice that is currently in effect. We will provide a paper copy of this Notice to you upon your request.
Our Policy Regarding Dispute Resolution. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Revisions to this Notice. We reserve the right to change the terms of this Notice and to make the new Notice provisions effective for all Protected Information we maintain, regardless of whether the Protected Information was created or received prior to issuing the revised Notice. Whenever there is a material change to our use and disclosure of Protected Information, individual rights, our duties, or other privacy practices stated herein, we will promptly revise and distribute the new Notice.
Contact Person for Filing Complaint or Obtaining Other Information. If you believe your privacy rights have been violated, you may file a written complaint with our Privacy Officer at the following address:
10 South Elm Street, Suite 220
Greensboro, NC 27401Securities Information. This Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. This Site may contain information and press releases about SFS, Inc., and although this information was believed to be accurate as of the date prepared, SFS, Inc. disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a “forward-looking statement” as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the “safe harbor” for forward-looking information and is subject to material risk factors which may or may not be disclosed herein.
Disclaimer of Warranty and Liability
THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.
SFS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT WITH REGARD TO ANY AND ALL SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE IS WITH YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SFS, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF SFS, INC. TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU FOR USE OF THIS SITE.
Corrections and Changes. SFS, Inc. endeavors to keep the Site and Site Materials up to date. Without limiting anything else in these Terms and Conditions or otherwise, SFS, Inc. is not responsible for any errors or omissions in the Site or Site Materials. SFS, Inc. may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and SFS, Inc. makes no commitment to update the information contained on or in this Site. SFS, Inc. reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
Indemnification. You agree to defend, indemnify, and hold harmless SFS, Inc., its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including without limitation attorneys’ fees and litigation expenses) relating to or arising from this Site, your use of this Site, your fraud, violation of the law, or willful misconduct, and any breach by you of these Terms and Conditions.
Links to Other Websites. This Site may, from time to time, contain links to other Internet websites for the convenience of users in locating information, products, or services that may be of interest. These sites are maintained by organizations over which SFS, Inc. exercises no control, and SFS, Inc. expressly disclaims any and all responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on these third-party sites. Without limiting anything else in these Terms and Conditions or otherwise, SFS, Inc. is not responsible for any errors or omissions in the Site or Site Materials, or for the information, links, text, graphics, or other items made available on other websites or by third parties.
Use of the Internet. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither SFS, Inc. nor its contractors will be liable for any loss resulting from the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Governing Law and Jurisdiction. These Terms and Conditions, including, without limitation, the Privacy Statement, represent the entire agreement between you and SFS, Inc. with respect to the subject matter hereof and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of North Carolina, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW.
Miscellaneous. By accessing, viewing, or using the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in North Carolina, and agree all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by SFS, Inc. from its offices within the United States. Without limiting anything else, SFS, Inc. makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable laws. The waiver or failure of SFS, Inc. to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions, including, without limitation, the Privacy Statement, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Statement). The waiver or failure of SFS, Inc. to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions.