For purposes of these terms and conditions "we," "us," and "our" refer to The Vitality Group, and "I," "you" and "your" refer to each individual member. "This website" and "our website" refers to the JHV website, which is operated by The Vitality Group. "the Program" or "JHV" refers to any services related to or connected with The Vitality Group and/or the JHV website, including, but not limited to, any activities or other incentives offered by or through your John Hancock insurance policy. There may be more than one Program offered in connection with your John Hancock insurance policy. These Terms and Conditions apply to all such Programs (collectively, “the Program” or “JHV”). 

1. RELEASE AND WAIVER

By registering with our website to participate in the JHV Program, I acknowledge that I am doing so voluntarily and with the understanding that The Vitality Group, John Hancock Life Insurance Company (U.S.A.) ("John Hancock") and their parents, affiliates, subsidiaries, employees, directors and agents are not providing medical advice to me in connection with the JHV Program. I understand that any activities, goals or other information presented to me through this website are not substitutes for a medical professional's evaluation, diagnosis and treatment. I must obtain necessary medical advice about participation in the JHV Program from my personal medical service providers. 

I understand that regardless of my physical condition while engaged in the JHV Program, certain elements of the JHV Program may include physical exercise or other activities that may involve risk of injuries or aggravation of preexisting injuries, diseases or physical conditions, and such activities may not be appropriate for all persons. 

I fully accept all such risks resulting from engagement in the JHV Program and hereby release and discharge The Vitality Group, John Hancock and their parents, affiliates, subsidiaries, employees, directors and agents from any and all liability, claims, suits, demands or causes of action that may arise from my engagement in the JHV Program, including without limitation any direct, indirect, special, third party, or consequential damages, but not including wrongful uses and/or disclosures of my Protected Health Information ("PHI"), which are subject to the provisions of Health Insurance Portability and Accountability Act (HIPAA) and related laws. 

I understand this Release and Waiver is contractual and not a mere recital. I have read it fully; I hereby acknowledge that I understand it; and I voluntarily accept it and all other terms and conditions contained herein. 

2. PRIVACY AND SECURITY

 

   2.1 SECURITY PRACTICES 

The Vitality Group recognizes and respects your desire for privacy when it comes to your personal and healthcare information. We protect all members’ information according to HIPAA, applicable state laws, and established company security standards and practices, and we evaluate new technologies, policies and procedures for having commercially acceptable methods of safeguarding information. 

2.2 INFORMATION COLLECTION AND USE 

The Vitality Group will not sell, share or rent the information collected on this website in ways different from what is disclosed in this Statement without your express consent, unless required by law. Use and disclosure of any information collected on this website will be in accordance with applicable provisions of HIPAA and applicable state laws. 

2.3 COOKIES 

A cookie is a piece of data stored on the member's hard drive containing information about the member. Use of a cookie is in no way linked to any personally identifiable information while on our website. The Vitality Group uses various cookies depending on the application within our website. Many cookies persist for the lifetime of the user session, and once the user’s session ends (user logs out or the session expires), the cookie is removed and replaced with another containing a different session ID. For instance, by setting a cookie on our website, the member would not have to log in a password more than once during a single browser session, thereby saving time while on our website. Alternatively, some cookies, such as language and location cookies, will persist even after a member logs out. Acceptance of cookies on the member's browser is required in order to access any of the password-protected areas of the website. 

2.4 WEB SERVER LOG FILES 

The Vitality Group may use IP addresses to analyze trends, administer the site, track members' movements on the website or mobile app, and gather broad demographic information for aggregate use. 

2.5 LINKS 

This website contains links to other websites. Please be aware that The Vitality Group is not responsible for the privacy practices of such other websites. The Vitality Group encourages members to be aware when they leave our website, and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Statement applies solely to information collected by the JHV website and mobile application. 

2.6 SECURITY 

The Vitality Group takes precautions to protect members' information. When members submit sensitive information via the website, their information is protected both online and offline. When The Vitality Group asks members to enter sensitive information, that information is encrypted and protected. 

The Vitality Group also protects member information offline. All members' information – not only the sensitive information mentioned above – is restricted in our offices. All Vitality Group employees are subject to privacy and information security training prior to having access to any customer or member information. Furthermore, all employees are kept up-to-date on our security and privacy practices. Anytime new policies are added, The Vitality Group employees are required to attend training and display an understanding of the changed or updated policies. Finally, the servers on which The Vitality Group stores personally identifiable information are kept in a secure environment. 

The Vitality Group utilizes industry standards (or beyond) to provide a secure website and mobile application. However, it is your responsibility to ensure the device you are using to access the JHV website or mobile application has up to date security features. In the event you choose to access the JHV website or mobile application via a non-secure device or jailbroken device, you do so at your own risk. Neither the Vitality Group, John Hancock, nor any of their affiliates are liable for any security breach of your information due to a lack of updated security measures or unauthorized adaptions to your device. 

2.7 USING EMAIL 

Please know that if a member sends us an email communication using any of the email links on the JHV website, it may be shared with a customer response representative, contractor, employee or agent that is most able to address the member’s inquiry. Once The Vitality Group has responded to the communication, it will be discarded or archived, depending on the nature of the inquiry. 

The email functionality on JHV does not provide a completely secure and confidential means of communication and should not be used to transmit personal or sensitive information to The Vitality Group. It is possible that any email communication may be accessed or viewed by another Internet user while in transit to Vitality. Email, therefore, is used at the member’s own risk. For more secure communications please utilize Vitality’s online form submission or contact a Vitality Specialist by phone. Please be aware, the Vitality Service Center cannot answer questions regarding any other member, including a member’s spouse. Any questions about an account must be addressed by the member. Please note the Customer Care team is only responsible for answering questions specifically related to the JHV website and your membership. Questions regarding your insurance products must be directed to John Hancock. 

2.8 SHARING OF PERSONAL INFORMATION

The JHV Program is aimed to help our members improve their health by providing incentives for healthy living. The Vitality Group will use information collected to administer its program, including aspects that account for your specific attributes such as health status, demographic profile and geographic location. While the majority of the program is administered internally, certain information may be shared on a limited basis without your authorization with organizations that assist us in administration of Vitality, such as our partner vendors, as well as disclosures required by law. 

Vitality will also share with John Hancock information to administer your insurance policy. Such information may include, but is not limited to your Vitality Status level (such as Silver or Gold), or whether or not you have completed your Vitality Health Review or Vitality Check. Vitality will share more detailed information with John Hancock pursuant to your express authorization. 

In order for us to administer the Vitality Rewards additional payment information may need to be provided. This information is kept secure and only used for the applicable purpose. Your participation in these incentives is completely voluntary and not required to utilize the JHV Program. 

The JHV Program is designed to encourage engagement through various forms of incentives including friendly competition. Voluntary participation in programs including, but not limited to, Vitality Squares may result in your name, awards won or other information being shared about your participation in that activity. 

3. PROGRAM RULES AND PARAMETERS 

 

3.1 AUTHORITY AND MODIFICATIONS 

The Vitality Group has sole discretion in administering the program terms and conditions. 

These terms and conditions may change from time to time without prior notification. 

A modified copy of the terms and conditions will be posted on the website once any changes are in effect. 

The Vitality Group is not responsible for misinterpretation or lack of knowledge of terms or conditions. 

3.2 CANCELLATION 

The Vitality Group and John Hancock may suspend or terminate the membership of anyone who we reasonably believe has failed to adhere to these terms and conditions, or for other behavior or actions that may create risk or possible legal exposure for us. 

In such cases, The Vitality Group will notify the member within a reasonable period through the email address provided. 

All services, rewards, Vitality Points, and other benefits of the program cease immediately upon termination or a member's cancellation and will not be reinstated. Termination or cancellation of membership will not automatically terminate your John Hancock insurance policy or any Program-related riders. 

3.3 ASSUMPTION OF RISK 

Participation in the JHV Program, including without limitation, activities or other incentives related to the JHV Program, may include physical exercise, biometric screening and other health and fitness activities. These activities may involve risks or otherwise not be appropriate for all persons. 

Recommendations given in JHV materials are for healthy, active individuals without cardiovascular heart disease, risk factors or other contraindications to exercise. 

JHV participants fully accept all risk and responsibility involved in engaging in the JHV Program. 

Before taking part in these activities, consult with your healthcare professional for a thorough evaluation, review of your present condition, and guidance in what screenings and activities are safe and appropriate for you. 

3.4 EARNING VITALITY POINTS 

For requirements and other stipulations regarding JHV engagement and earning of Vitality Points, please review the descriptions of each specific activity. Terms and conditions specific to reward redemption and other JHV benefits are set forth in the applicable sections of this website. For example, to be awarded Vitality Points for achieving a goal, a member must first activate the goal prior to completing it. 

Where appropriate, the member must use the designated forms and supply all requested documentation in order for activities to be recognized. The member may need to provide his or her full JHV ID number to earn Vitality Points for certain activities. Members are always encouraged to utilize the Online Submission when available, for added security as well as efficiency in processing a member's Vitality Points. 

Members must turn in activities or request Vitality Points credit for Vitality engagement, or cite discrepancies related to such a request within 90 days of completion of the activity. We do not recognize requests for engagement activities beyond 90 days from their completion. 

JHV engagement will be credited only to the active account of the JHV member completing the activity. Devices are intended for the use of the JHV member only for purposes of tracking their physical activity towards Vitality Points. Vitality Points can only be earned by the JHV member. Any Vitality Points earned through another person can result in suspension or termination of the JHV member’s Vitality account. 

If a member believes that JHV engagement has been earned but not properly credited, he or she may be required to submit documentation or other proof satisfactory to The Vitality Group. Please allow up to two weeks from submission for most activities to be credited. All questions or concerns regarding the awarding of Vitality Points must be made within 90 days of submission. 

3.5 VITALITY POINTS & OTHER BENEFITS

Criteria for earning Vitality Points, Vitality Status and other rewards and benefits are subject to change at any time. The available rewards and benefits may vary based on which JHV Program is in effect with your John Hancock insurance policy. For current criteria, see the applicable sections of the website. 

Vitality Points, Vitality Status and other rewards and benefits are not transferable and may not be combined among members, their estates, successors and assignees. 

A member forfeits all benefits under Vitality immediately upon cancellation of JHV. 

Vitality Point Redemption and Mall purchases are part of the great benefits you may be eligible for as part of the John Hancock Vitality Wellness Program. These are meant to reward you and further enhance your wellness experience. These items are not meant to be used for resale or profits, and evidence of such behavior may subject you to loss of your Vitality Rewards or termination of your John Hancock Vitality Account. 

3.6 RIGHT TO REVOKE

The Vitality Group and John Hancock are the final authority on rewarding of Vitality Points and reserve the right to deny or revoke Vitality Points, Vitality Status or other credits at any time if we determine that such credit was improperly given. 

3.7 NO RETROACTIVE UPGRADE

Upgrades in benefits tied to a Vitality Status are effective on the date of upgrade to that Vitality Status. 

A member's Vitality Status cannot be retroactively upgraded. 

Benefits correspond to a member's Vitality Status at the time of redemption, without any retrospective adjustment for subsequent Vitality Status upgrade. 

3.8 COMMUNICATION

By participating in the JHV Program, you acknowledge and agree that you will receive information related to your membership and participation in the JHV Program by mail, electronic communications (e.g. email), telephone, fax and other means of communication or by posting information on our website. 

To the extent permitted by law, you acknowledge that you may receive communications about your membership and the JHV Program solely by email. It is important to check your email regularly for these communications. 

You are responsible for notifying us of any change to your contact details, including your email address. You may update your contact details on www.johnhancockvitality.com or by calling us at 1-888-333-2659. 

To the extent permitted by law, we may send you electronic communications, the primary purpose of which is the commercial advertisement or promotion of a commercial product or service. You may opt-out of receiving these emails by updating your email preferences at www.johnhancockvitality.com, by calling us at 1-888-333-2659, or via the unsubscribe link located in the footer of such messages. You will still continue to receive certain email communications that are not of an advertising or promotional nature. 

 

AUTHORIZATION 

I expressly authorize The Vitality Group to share with John Hancock, and likewise for John Hancock to share with The Vitality Group, my personal information, including health and other behavioural data, that is transmitted by me or on my behalf to The Vitality Group or John Hancock, as applicable, in connection with my membership. I understand and agree that such sharing of information between The Vitality Group and John Hancock is required to enjoy the benefits of this membership. I understand that both The Vitality Group and John Hancock will use this information for administrative and other permissible business purposes consistent with each company’s privacy policies and that John Hancock will not use such information in order to change my risk classification under a policy associated with this membership.