WellPoint Inc. DynamicCME Web Privacy Statement

WellPoint NextRx, an affiliate of WellPoint, Inc., offers a new and innovative CME product, called DynamicCME®, to help meet your educational accreditation needs. This site is unique from other CME applications in that within the CME activity questions, (e.g. Pre-test and/or Post-test questions), the system has the ability to display aggregate practice pattern data using medical and/or pharmacy claims data from your patients. This data is not displayed for all questions and is only displayed to physicians for whom WellPoint NextRx has data available. This data comes from WellPoint NextRx, affiliated WellPoint NextRx health plans or NextRx’s health plan clients with which WellPoint NextRx does business. Other physician users, for whom there is no data available, will experience a standard on-line CME activity displayed to them with regular questions. Physicians with a ”Dynamic” component available, meaning a display of aggregate practice data, will be notified by WellPoint NextRx that this option is available to them during the activity. The data may or may not be available based on the individual providers practice and whether they have data which pertains to that particular metric within the program viewed. This may occur do to various reasons including: provider doesn’t treat patients with the particular disease of the program taken, provider doesn’t have substantial data for a meaningful display of practice data or data was not made available at the time the program was released.

Use of personal Information

We intend to give you as much control as possible over your personal information utilized by our site. You can visit the DynamicCME^sm web site without sharing information about yourself. However, if you choose to participate in DynamicCME, we will need information from you, such as your name and address or other personal information, in order to communicate with you, or to give you access to special secure sections of our site.

Additionally, WellPoint NextRx will not share or sell any personal information entered for registration purposes only with any business partners or outside vendors except as stated herein . The information is used only for appropriate verification and completion of accreditation for any Continuing Education Programs taken. Your email information will be used to communicate with you about any new programs placed on the site. You do have the option within the site to opt out of this feature at any time.

Links To Other Sites

Our site does contain some links to other Web sites not controlled by WellPoint NextRx. The information you provide us does not transfer to those web sites. We do not assume responsibility for the privacy practices or the content of those sites. We encourage you to review the privacy policies of those sites.

Security

WellPoint NextRx does not utilize passive tracking mechanisms such as cookies (a code generated to be stored in a special file in your computer) to track your web site utilization behaviors.

WellPoint NextRx employs security precautions that include the use of encryption technology for transmission of certain personal information. This information is stored on a secure server on which further precautions, such as firewalls, are taken to enhance security.

Practice Pattern Information

Only WellPoint NextRx and our third party technical vendor for this site, “CECity.com,” (“CECity” ), will have access to your aggregate provider practice pattern information provided by your affiliated health plan (if applicable) and only appropriate personnel who have a need to access this information to perform their job functions, such as healthcare professionals and the technical personnel required to maintain the software and hardware, are granted access to this information.

WellPoint NextRx holds its technical vendor and other authorized third parties with access to your aggregate practice pattern data to the same high security standards adopted and followed by WellPoint Inc.

Privacy Policy & Use of Personal Information

All personal information you provide on this site is kept confidential. WellPoint NextRx will never sell, rent, or release your name, street address, telephone number, or e-mail address to a third party other than our technical vendors in connection with the maintenance of the site. The personal information you provide will be used in the following ways:

• To update and create a personal profile, which enables the site to send you new CME program updates based on your decision to “opt in” to this service.
• To better understand the interests and opinions of groups or segments of physicians in regards to online CME activities.
• To provide appropriate CME certification after satisfactory completion of a DynamicCME® educational program.
• For WellPoint NextRx or your affiliated health plan to provide confidential and secure patient profile information (if applicable), upon your confirmation request only.

By providing your personal information on this website:

• You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement and the site would not be provided to you absent such limitations.
• You understand that the personal information you provide and the aggregate medical and pharmacy practice pattern claim information (if applicable) from your patients that we have, will be utilized only to generate benchmark comparison graphs within predefined pre or post-test questions within the application. This is only applicable for physicians whose affiliated health plan and/or WellPointNextRx has provided data.
• You understand that the information provided to us will be saved to assist us in providing the necessary data and profile information for the accredited CME activity and for the purposes of the CME accreditation.
• You acknowledge that employees of WellPoint NextRx, its business partners and your affiliated health plan will have access to this information.

If you have any questions or would like more information about our web site privacy policy, please contact us. The above Web privacy statement is effective as of October 1, 2007. WellPoint NextRx reserves the right to change the Web privacy statement from time to time. This privacy policy is not intended to and does not imply any contractual or other legal rights in respect to WellPoint NextRx or any other party.

Legal Notices and Conditions of Use

PLEASE READ THESE CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you agree to these conditions of use. If you do not agree to these conditions of use, please do not use this site.

Restrictions on Use of Materials

This site is owned and operated by WellPoint, Inc. and its affiliates, including WellPoint NextRx (hereinafter WellPoint). Any activity on this site is subject to monitoring by WellPoint at any time. Anyone who uses this site consents to such monitoring and agrees that WellPoint may use the results of such monitoring without limitation. No material from any Website owned, operated, licensed or controlled by WellPoint or any of its related, affiliated companies, including, without limitation, WellPoint.com (the "WellPoint Material"), may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, without the prior written consent of WellPoint, except that you may download one copy of the WellPoint Material on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, service mark and other proprietary notices. Modification of the WellPoint Material or use of the WellPoint Material for any other purpose is a violation of WellPoint's copyright, service mark and other proprietary rights. It is a condition of your use of this Website that you do not restrict or inhibit any other user from using this Website.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall WellPoint or any of its related or affiliated companies or business partners be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the WellPoint Material. You specifically acknowledge and agree that WellPoint is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any of the WellPoint Material, or with any of WellPoint's terms and conditions, your sole and exclusive remedy is to discontinue using this site.

Disclaimer

WellPoint makes no warranties or representations as to the accuracy of the content on this site and WellPoint assumes no liability or responsibility for any errors or omissions in the content on the site. The WellPoint material is provided "as is" and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Further, WellPoint does not warrant that the functions contained in the WellPoint material will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. You, and not WellPoint, assume the risk, liability and responsibility for any and all damage to your system or the system you are using. In no event will WellPoint or its business partners be liable or responsible for any damage to your system or the system you are using. WellPoint does not warrant or make any representations regarding the use or the results of the use of the WellPoint material in this site in terms of its correctness, accuracy, timeliness, reliability or otherwise. WellPoint may have provided links and pointers to internet sites maintained by third parties ("third party sites") and may from time to time provide third party materials on this site. Neither WellPoint nor its related, affiliated companies operate or control in any respect any information, products or services on these third party sites. The third party materials in this site and the third party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, WellPoint disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness. WellPoint does not warrant or make any representations regarding the use or the results of the use of the third party materials in the third party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Service Mark and Trade Mark Information

The following service marks and trademarks used herein are owned by WellPoint and its affiliates: WELLPOINT, WELLPOINT, INC, WELLPOINT NEXTRX, Health Envelope® and DynamicCME®. From time to time this site may contain reference or trademarks or service marks owned by entities which are not affiliated with WellPoint.

Jurisdiction

Except as described otherwise, all materials in the WellPoint site are made available only to provide information about WellPoint. WellPoint controls and operates this and makes no representation that these materials are appropriate or available for use in all locations. If you use this site you are responsible for compliance with applicable local laws.

Termination

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all WellPoint site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from WellPoint if, in WellPoint's sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other WellPoint site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

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