Terms and Conditions of Use
Purpose Of This Agreement
Notices Required Under Government Code Section 11015.5
Modification Of This Agreement
Permission To Act On Your Behalf
How We Identify You
Safeguarding Your Personal Information
Additional Terms For Products Offered Through This Website
Third-Party Website Applications (Tpwas)
Content And Ownership
Security & Monitoring Notice
Termination Of Use
Limitation Of Liability
Jurisdiction And Venue
Integration And Severability
PURPOSE OF THIS AGREEMENT
Referred to collectively as our “website,” Covered California operates and/or maintains several websites including, but not limited to, www.CoveredCA.com, apply.coveredca.com, www.healthexchange.ca.gov, and www.hbex.ca.gov. This document describes the Terms and Conditions of Use for our website. Please review it carefully.
Your access to and use of our website are subject to the following terms and conditions without limitation or qualification, as well as all applicable laws. Your access to the website is in consideration for your agreement to these Terms and Conditions, whether or not you are a registered user. By accessing, browsing, and using the Site, you accept, without limitation or qualification, these Terms and Conditions of Use.
Our Notice of Privacy Practices describes how we use and disclose your personal information. For instance, the Notice of Privacy Practices describes how we share information with our contractors such as Certified Insurance agents and Certified Enrollment Counselors which we certify to help you enroll. By accessing, browsing, and using the Site, you accept, without limitation or qualification, our Notice of Privacy Practices. The Notice of Privacy Practices may change without notice. You may view the Notice of Privacy Practices at www.CoveredCA.com/Privacy or request a copy by contacting us at
Phone: (800) 889-3871
Mailing Address: ATTN: Privacy Officer. 1601 Exposition Blvd., Sacramento, CA 95815.
NOTICES REQUIRED UNDER GOVERNMENT CODE SECTION 11015.5
Pursuant to Government Code section 11015.5, Covered California is required to create a Privacy Notice concerning electronically collected personal information on our website.
According to Government Code section 11015.5, “electronically collected personal information” is any information maintained by an agency that identifies or describes an individual user, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, medical or employment history, password, electronic mail address, and information that reveals any network location or identity, but excludes any information manually submitted to a state agency by a user, whether electronically or in written form, and information on or relating to individuals who are users, serving in a business capacity, including, but not limited to, business owners, officers, or principals of that business.
INFORMATION VOLUNTEERED BY YOU
We may ask you for identifying information to provide services to you through our online application. During your visit to the website, you may also participate in a voluntary survey or send an e-mail. The information collected is not limited to text characters and may include audio, video, and graphic information. The types of personal information we collect from you and the purpose for which we collect that information is described in our Notice of Privacy Practices. You may access the Notice as described above under Privacy Practices.
When contacting us by email, we recommend that you only provide the personal information that you think we need to respond to your concern. If, however, you do not give us enough information, we may not be able to contact you or help you resolve your concern. We may use the information to improve our service to you or to respond to your request. We may forward your e-mail to other state employees who may be better able to help you, and this staff may be employed by a different agency within the State. Except for authorized law enforcement investigations or as required by law, we do not share our e-mail with any other organizations.
INFORMATION COLLECTED AUTOMATICALLY WHEN YOU VISIT THIS WEBSITE
When you browse through any website, certain information about your visit can be automatically collected. While you are visiting this website, at least the following information will be automatically tracked:
- The Internet Protocol Address and domain name used but not the e-mail address. The Internet Protocol address is a numerical identifier assigned either to your Internet service provider or directly to your computer. We use the Internet Protocol Address to direct Internet traffic to you and generate statistics used in the management of this site;
- The type of browser and operating system you used;
- The date and time you visited this site;
- The web pages or services you accessed at this site;
- The website you visited prior to coming to this website;
- The website you visit as you leave this website;
- Amount of data sent from the web server to website visitor during that connection;
- Amount of data sent from website visitor to the web server;
- Uniform Resource Locator (URL) that referred to the requested file;
- The exact request the user made;
- The transport protocol and the version used;
- Version of HTTP used by the visitor’s web browser software; and
- If you downloaded a form, the form that was downloaded.
The information we automatically collect or store is used to improve website content and to help us understand how people are using our site. This information does not identify you personally and is used for gathering information such as website statistics, which are used for authorized purposes. For instance, the authorized purposes may include assessing what information is of interest, determining technical design specifications, and identifying system performance or problem areas. This information helps us analyze our website to continually improve the value of the materials available, including, but not limited to, our marketing materials. Covered California may provide or distribute certain lists and statistical reports of regulatory information as provided by law, but no personal information is sold or distributed, and all relevant legal protections still apply to the website. If you voluntarily participate in an activity that asks for specific information (i.e., completing a request for assistance, personalizing the content of the website, sending an e-mail or participating in a survey), more detailed data will be collected.
To better serve you, we occasionally use “session cookies” to enhance or customize your visit to this website. Session cookies can be created automatically on the device you use to access this state agency website. They do not contain personal information and do not compromise your privacy or security. A session cookie is erased during operation of your browser or when your browser is closed.
If you wish, you may complete a registration to personalize this website and permit a “persistent cookie” to be stored on your computer’s hard drive. This persistent cookie will allow the website to recognize you when you visit again and tailor the information presented to you based on your needs and interests. Covered California uses persistent cookies only with your permission.
The software and hardware you use to access the website allows you to refuse new cookies or delete existing cookies. Refusing or deleting these cookies may limit your ability to take advantage of some features of this website.
RIGHT TO HAVE YOUR PERSONAL INFORMATION DISCARDED
If you choose, you may have any personal information collected about you discarded without reuse or distribution, provided we are given timely notice.
COMPLIANCE WITH THE INFORMATION PRACTICES ACT
Any information acquired by Covered California is subject to the limitations set forth in the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code).
PERMISSION TO DISTRIBUTE OR SELL YOUR PERSONAL INFORMATION
Covered California will not distribute or sell any electronically collected personal information, as defined in Government Code Section 11015.5, subdivision (d), about you to any third party without your permission.
EXEMPTION FROM THE PUBLIC RECORDS ACT
Electronically collected personal information, as defined in Government Code Section 11015.5 subdivision (d), is exempt from requests made pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).
Under Civil Code Section 1798.17(b) you have the right to request a copy of your records. To do so, visit www.Coveredca.com/privacy or contact the Privacy Officer at (800) 889-3871, PrivacyOfficer@covered.ca.gov, or mail to ATTN: 1601 Exposition Blvd., Sacramento, CA 95815.
MODIFICATION OF THIS AGREEMENT
Covered California reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the website (or any portion thereof) with or without notice. By continuing to use this website after any amendment, you agree to accept any such change.
PERMISSION TO ACT ON YOUR BEHALF
Any instructions, choices, or requests you make on our website(s) will be considered your written permission to Covered California to provide information or conduct transactions on your behalf.
HOW WE IDENTIFY YOU
The entry of your Password, Personal Identification Number (PIN), Social Security Number (SSN), and/or other identifier may serve as verification of your identity. Without this information we may be unable to process your application.
Certain portions of the website are limited to registered users and/or allow a user to request support or services online by entering personal information. Your approval as a registered user is at the sole discretion of Covered California. In order to apply for health insurance online through Covered California, an applicant will have to create an online account. This account access is granted subject to compliance with law and these Terms and Conditions.
By registering, you agree that any information provided to us will be complete and accurate, that you will not register under the name of, nor attempt to enter the website under the name of, another person, and that you will not adopt a user name that Covered California, in its sole discretion, deems offensive. You agree to inform us of any updates or changes to your registration information.
You agree to keep your account information and password confidential. You agree to notify Covered California’s Privacy Officer immediately of any actual or suspected unauthorized use of your account at (800) 889-3871, PrivacyOfficer@covered.ca.gov, or mail to ATTN: Privacy Officer, 1601 Exposition Blvd., Sacramento, CA 95815. You are solely responsible for all activities that occur through your account. Covered California will not be liable for any loss or damage resulting from your failure to safeguard your password and account.
As part of creating your account, you may also be required to select questions and secret answers that may be used by Covered California to help verify your identity and assist in resetting your password. Some services may require added security, and in these cases, you may be asked to create an additional security key. Covered California permanently records the IP address of the machine you use for registration and each login thereafter. Finally, a unique ID number will be assigned to your account which will be used to identify your profile and associated information, such as login history and application history.
SAFEGUARDING YOUR PERSONAL INFORMATION
Covered California takes reasonable precautions to protect personal information it collects from loss, unauthorized access, illegal use, or unauthorized disclosure. Covered California uses Secure Socket Layer (SSL) encryption software to protect the security of individuals’ personal information during transmission of such information through Covered California’s website. Such personal information is stored by Covered California in secure locations. Covered California’s staff is trained on procedures for the management of personal information, including limitations on the release of information. Access to personal information is limited to those members of Covered California’s staff and contractors whose work requires such access. Confidential information is destroyed according to Covered California’s records retention schedule. Covered California conducts periodic reviews to ensure that proper information management policies and procedures are understood and followed.
The functionality of this website permits you to request or provide personal information-for example, medical information, income, etc. You are solely responsible for any loss of privacy or confidentiality of this information if you move this information outside this website or disclose your password, Personal Identification Number (PIN), Social Security Number (SSN), or any other identifier to any other party. You agree to contact Covered California immediately if you have reason to believe that someone has gained unauthorized access to your Password, PIN, SSN, or any other identifier.
ADDITIONAL TERMS FOR PRODUCTS OFFERED THROUGH THIS WEBSITE
Additional guidelines, terms, and agreements may apply to programs and products offered through this website. For example, if you select a health insurance plan through this website, separate terms may apply to your selection. In the event of a conflict between such additional terms and these Terms and Conditions of Use, such additional terms will control.
Our website includes links to outside websites that are not operated by Covered California. Covered California provides these links to users for their convenience. Covered California does not control these websites nor do we review or control their content. We make no representations or warranties as to the content of these websites and take no responsibility for such websites. These links are not an endorsement of products, services, or information, and do not imply an association between Covered California and the operators of the linked website. If you access an outside website from our website, you do so at your own risk. When you select a link to an outside website, you are subject to the terms and conditions of the owner/sponsors of that outside website. We encourage you to review any site’s policies before providing any personal information.
THIRD-PARTY WEBSITE APPLICATIONS (TPWAs)
CONTENT AND OWNERSHIP
Covered California makes use of copyrighted data (e.g., photographs) which may require additional permissions prior to your use. The unique branding of the site and various official seals and marks may not be used without permission. In order to use any information on this website not owned or created by Covered California, you must seek permission directly from the owning (or holding) sources. Covered California shall have the unlimited right to use for any purpose, free of any charge, all information submitted via this website except those submissions made under separate legal contract. Covered California shall be free to use, for any purpose, any ideas, concepts, or techniques contained in information provided through this website.
United States and foreign copyright laws and international conventions protect the contents of the website. You agree to abide by all copyright notices posted on the website. The website and the entire contents of the website, including, but not limited to, text, files, images, graphics, illustrations, audio, video, and photographs on or offered through the website (collectively, “Content”) are protected by intellectual property rights, including, as applicable and without limitation, copyrights, trademarks, patents, and other proprietary and intellectual property rights (“Intellectual Property Rights”) of Covered California or other third parties who have granted rights to Covered California.
Except as noted above, you receive no right or license, by implication, estoppel, or otherwise, in or under any patent, trademark, copyright, or proprietary right of Covered California or any third party through your use of this website. No proprietary data on the Covered California website may be downloaded, republished, resold, duplicated, or “scraped,” in whole or in part, for any purpose other than the personal uses permitted in these Terms and Conditions.
You agree to access and use the website only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules, and regulations pertaining to your use of the website. By accessing the website, you agree that you will not:
- Access, or attempt to access, this website by any means other than through the interface that is provided by Covered California, unless you have been specifically allowed to do so in a separate, written agreement with Covered California. You specifically agree not to access or attempt to access this website through any automated means (including, but not limited to, use of scripts, web crawlers, or screen scrapers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the site;
- Use for commercial purposes or resell any of the data derived from this website unless you have been specifically allowed to do so in a separate, written agreement with Covered California;
- Use the website to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense or give rise to civil liability;
- Post or transmit any discriminatory, libelous, harassing, defamatory, obscene, pornographic, or otherwise unlawful content;
- Use the website to impersonate other parties or entities;
- Use the website to upload any content that contains a software virus, “Trojan Horse” or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the website or the hardware or software of any other person who accesses the website;
- Upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or under a contractual relationship;
- Alter, damage, or delete any content posted on the site;
- Disrupt the normal flow of communication in any way;
- Claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or represent;
- Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
- Post any material that infringes upon or violates the intellectual property rights of another; or
- Collect or store personal information about others.
SECURITY & MONITORING NOTICE
To protect this website as well as the associated computer system supporting the website from unauthorized use and to ensure that the computer system is functioning properly, individuals accessing this website and the associated computer system are subject to having all of their activities monitored and recorded by personnel authorized to do so. Network traffic is monitored in order to identify unauthorized attempts to upload or change information, or otherwise conduct criminal activity. Anyone using this website and the associated computer system expressly consents to such monitoring. Covered California reserves the right, but is not obligated to (except as required by applicable law,) report any illegal activity to any and all regulatory, administrative and/or governmental authorities for prosecution. In connection with authorized law enforcement investigations and pursuant to required legal process, navigational information may be used to assist in obtaining personally identifiable information.
For site security purposes, Covered California reserves the right to monitor any content that you provide, but shall not be obligated to do so. Although Covered California cannot monitor all postings on the website, we reserve the right to delete, move, or edit any postings that violate these Terms and Conditions.
TERMINATION OF USE
Covered California may, in its sole discretion, terminate or suspend your access to and use of this website without notice and for any reason, including for violation of these Terms and Conditions or for other conduct which Covered California believes is unlawful or harmful to others. In the event of termination, you will no longer be authorized to access the website, and Covered California will use any means possible to enforce this termination. Covered California may also suspend your use of the website or deactivate a User ID and direct you to cease using the website with or without notice to you and with or without cause. Upon any termination of this agreement, all rights granted to you under this agreement will cease and you must promptly discontinue all access to any part of the website and the use of any content downloaded or otherwise obtained from the website.
You agree to defend, indemnify, and hold harmless Covered California and all of its employees, directors, officers, and agents from any and all liabilities incurred in connection with any claim arising from any breach by you of these Terms and Conditions of Use, your use of the materials and information contained herein, or your inappropriate or unlawful use of the website. These include attorney fees, costs, damages, losses, and expenses. You agree to cooperate fully in the defense of any such claim. Covered California reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter without the written consent of Covered California.
LIMITATION OF LIABILITY
Covered California strives to maintain the highest accuracy of content on its website. Any errors or omissions should be reported for investigation to (800) 889-3871, PrivacyOfficer@covered.ca.gov, or mail to ATTN: Privacy Officer, P.O. Box 1347, Sacramento, CA 95814. This site is provided by Covered California “as is” and “as available” with no warranties whatsoever. Covered California makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this website and expressly disclaims liability for errors and omissions in the contents of this website. We do not warrant that access to this website or any of its content will be uninterrupted or error free, that defects will be corrected, or that this website will be free of viruses or other harmful components. Covered California disclaims all warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
In no event will Covered California or its employees be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages, whether in contract, tort, or any other legal theory, arising out of your use of or inability to use the website or any other matter relating to your interaction with the website, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages.
JURISDICTION AND VENUE
The materials made available for public use on Covered California’s website are from computer systems located within California, and are for the use and benefit of the citizens of California. These Terms and Conditions will be governed by the laws of the State of California, without giving effect to any conflict of laws principles. The parties specifically exclude from application to the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state and federal courts sitting in Sacramento, California.
The website is to be deemed a passive website that does not seek to purposefully avail itself of the benefits and privileges of doing business in any state other than California and thus does not give rise to personal jurisdiction over Covered California, either specific or general, in jurisdictions other than California.
You hereby represent, warrant, and covenant for the benefit of Covered California and its affiliates that: (1) You have the legal right and authority to enter into this agreement, and, if you are accepting this agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this agreement; (2) you have the legal right and authority to perform your obligations under this agreement and to grant the rights and licenses described in this agreement and in any applicable additional agreement you enter into in connection with any of the services; (3) all information you provide to Covered California in connection with this agreement and your access to the website and use of the services is correct and current.
INTEGRATION AND SEVERABILITY
These Terms and Conditions set forth the entire understanding of the parties with regard to use of this website and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this agreement. Failure to comply with the foregoing shall constitute a breach of this agreement, which may result in immediate termination of your account. The waiver by Covered California of a breach of any provision of these Terms and Conditions will not operate or be interpreted as a waiver of any other or subsequent breach.
Should any provision of these Terms and Conditions be held invalid, unlawful, or for any reason unenforceable, then the invalid, unlawful, or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.
If you have any questions about these terms and conditions, contact us at:
1601 Exposition Blvd.
Sacramento, CA 95815