Accolade Digital Tools Privacy Notice

Last updated:  December 28, 2023; Effective: January 1, 2024 

This “Privacy Notice” describes how your personal information may be collected and used by Accolade, Inc. and its affiliates (“Accolade”) related to your use of one or more digital tools made available by Accolade, including the Accolade Digital Tools, Accolade Portal (including MyAccolade), and/or any other domains associated with the digital tools (the “Accolade Digital Tools”). Please note that the Accolade.com website has a separate privacy notice, which can be found here: https://www.accolade.com/privacy-policy/. 

Your Acceptance of this Privacy Notice 

This Privacy Notice is intended to be read in conjunction with the Terms of Use for the Accolade Digital Tools. By using the Accolade Digital Tools, you are expressly agreeing to the terms of this Privacy Notice and consent to the collection and use of information as discussed in this Privacy Notice. If you do not consent to this Privacy Notice, please discontinue your use of the Accolade Digital Tools. Please read this Privacy Notice carefully. Because of the nature of the type of services that Accolade offers, Accolade is required to collect, retain, and process certain of your Personal Information in order to comply with contractual and regulatory obligations. 

Revisions of these terms 

This Privacy Notice was last updated as of the date indicated above. Accolade may revise this Privacy Notice at any time. Should this Privacy Notice change materially, Accolade will indicate that a change has been made on your next use of the Accolade Digital Tools. Any revision and/or addition to this Privacy Notice shall become effective and binding on you when you continue to use the Accolade Digital Tools on or after posting of such revision and/or addition. 

Changes to the Accolade Digital Tools Mobile Application (“App”)   

From time to time and without prior notice to you, we may change, expand, and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you. 

No Medical or Legal Advice  

Accolade is here to simplify healthcare and your health benefits for you and your family. Our goal is to try to help you understand your healthcare options, to facilitate your use of the healthcare system and to support you as you make your healthcare decisions. The content we provide you is for informational purposes only, is based on the best available information, and may not be relied upon when alternative and more relevant information (such as, for example, information provided directly by your health care provider) would be more relevant or accurate. No material contained within or provided through the Accolade Digital Tools should be construed as medical advice and/or treatment. Accolade shall have no responsibility or liability for out-of-pocket costs you may incur for actual care provided or medical procedures performed by your healthcare provider(s), and you are responsible for understanding and evaluating such costs, including any costs known as “surprise billing” or costs incurred as a result of balanced billing, notwithstanding information provided by Accolade based on best available information. Accolade does not practice medicine and no physician- or nurse-to patient- relationship is created as a result of your use of the Accolade Digital Tools. You should seek the care of your healthcare professional. 

IF YOU ARE EXPERIENCING A HEALTH EMERGENCY, CALL 911 OR YOUR HEALTHCARE PROFESSIONAL IMMEDIATELY.  

IF AN ACCOLADE REPRESENTATIVE REASONABLY SUSPECTS THAT YOU MAY BE EXPERIENCING A HEALTH EMERGENCY, OR MAY BE A DANGER TO YOURSELF OR ANOTHER PERSON, ACCOLADE RESERVES THE RIGHT, AND YOU EXPRESSLY AGREE, THAT ACCOLADE MAY CONTACT THE APPROPRIATE EMERGENCY SERVICES, INCLUDING CALLING 911, CONTACTING CHILD PROTECTION SERVICES, A SUICIDE HOTLINE OR OTHER APPROPRIATE SERVICE. 

Nothing contained or provided through the Accolade Digital Tools is intended or should be construed as legal advice or guidance. No attorney-client relationship is created between you and Accolade or its personnel. If you have any questions about any law, rule or regulation, or seek legal advice regarding your healthcare, you should contact your own legal counsel. 

Types of Information We Collect 

We are delighted to bring you the Accolade Digital Tools, which permits you and your families the opportunity to receive the same great Accolade service that we provide to hundreds and thousands of families through our Accolade Health Assistant® representatives in the form of a Digital Tools. 

The Accolade Digital Tools will allow you to communicate with your personal Accolade Health Assistant® representative and to access certain information about your health benefits and claims. All such communications are strictly limited to and for the purpose of providing information to you about the benefits available to you under your health plan, including the services provided by Accolade. This Privacy Notice is designed to advise you of how we will access, transmit, and store your information as part of your use of the Accolade Digital Tools, how we protect such information, how your information may be used or disclosed, and what rights you have to access your information. Unless otherwise specified, this Privacy Notice is intended to describe how Accolade may handle your information collected through the Accolade Digital Tools, which in the case of Your Personal Information (defined below) will always be consistent with the Notice of Privacy Practices of your health plan.  

In order to provide you with access to the Accolade Digital Tools, there is certain personal and protected health information that the Accolade Digital Tools will securely access and transmit. Much of this information is similar to the information that our Accolade Health Assistant® representatives access for you today, and includes certain personal and health related information, such as: 

• general personal and demographic information (e.g., name, sex, date of birth, address, dependents) 

• health plan benefits and eligibility information 

• health and claims information 

• certain personal device information (such as physical location, IP address, data or application usage, and accelerometer data) 

• other personal or protected health information that you may provide to Accolade via the Accolade Digital Tools  

 collectively, “Your Personal Information.” 

Beyond Your Personal Information, Accolade may collect certain other information from you when you are using the Accolade Digital Tools; for example: 

• operating system version 

• device type 

• access or duration of use times 

• server logs 

• cookies 

• pixel tags or beacons, technologies to record user sessions, and other tracking tools 

• app navigation and general analytics 

collectively, “General Usage Information.” Your Personal Information does not include publicly available information. 

General Usage Information does not include Your Personal Information (as defined above), and, in general, relates to information from which Accolade can understand how users of its Accolade Digital Tools use and interact with specific features in an aggregated manner, so that we can improve the quality of such features or remove features that are not being used. However, General Usage Information may be linked to Your Personal Information in limited circumstances. For example, General Usage Information may be used to provide technical support to our users. The uses are further described in the “HOW WE USE GENERAL USAGE INFORMATION” section below. If General Usage Information is combined with Your Personal Information, then it is treated as Your Personal Information and subject to HIPAA and the standards set forth in the “HOW WE USE YOUR PERSONAL INFORMATION” section below. 

How We Acquire or Access Your Personal and General Information

The Accolade Digital Tools acquire or access Your Personal and General Information from the following sources: 

• Directly from you and your use of the Services; 

• Your Employer; 

• Your health plan carrier; 

• The Third-Party Administrator of Your Plan; 

• Your Benefit Administrator; 

• Your Benefit Point Solutions, such as Alight, Teladoc, Hinge and other third-party point solutions; and 

• With authorization and in limited circumstances, directly from Your health providers. 

When you register to use the Accolade Digital Tools, you will be asked to provide certain Personal Information, including name, date of birth, address, medical ID number, social security number or other identifying code, in order for us to verify your identity and to associate your online/mobile account with our record for you. 

Once you are registered, and agree to use the Accolade Digital Tools, you are permitting Accolade to transmit and receive Your Personal Information via the Accolade Digital Tools. The Accolade Digital Tools provides functionality for you to view certain of Your Personal Information that Accolade already maintains as part of its role as a service provider to your employer and/or your health plan carrier through which you have purchased a health plan or other benefits, and for you to submit certain of Your Personal Information to Accolade to help you understand your healthcare options, facilitate your use of the healthcare system and support you as you make your healthcare decisions. The content we provide you is for informational purposes only. Accolade does not provide medical advice, provide nursing care, diagnose or deliver treatment. Those are activities for you to undertake with your doctor or other appropriately trained and qualified health professional. 

When you use the Accolade Digital Tools, some information may be automatically collected via several technologies, including cookies, web beacons, pixels, technologies to record user sessions, clear GIFs and other means. For example, your mobile device operating system, device identifier (e.g., a number that is automatically assigned to your device used to access the Accolade Digital Tools, and allows us to identify your device), access times, operating system type, device type, access times, duration of use, platform, new and repeat information, time stamp and language, and other similar information commonly used to track usage of applications on mobile devices may be logged automatically. This automatically collected information is necessary to ensure that the Accolade Digital Tools can function as intended and in conformance with this Privacy Notice. 

How We Use Your Personal Information 

Generally speaking, we access and use Your Personal Information only as may be necessary to provide Accolade Digital Tools to you, and to support the other services that Accolade provides to you. We will not collect additional categories of Your Personal Information or use Your Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Rest assured that all of Your Personal Information will be kept private and secure. Within this context, and subject to HIPAA to the extent any of Your Personal Information constitutes “protected health information,” we may use Your Personal Information for the following purposes limited to and for the purpose of providing information to you about the benefits available to you under your health plan, including the services provided by Accolade: 

We also may share Your Personal Information with professionals who are treating you or for billing or claims purposes pursuant to your health plan. Below, under “Third Party-Disclosure” is additional information regarding the sharing of Your Personal Information. Whenever we do disclose Your Personal Information to others, we only share the minimum necessary amount of information to support Accolade’s services. Otherwise, we will only share Your Personal Information with your permission, and in all cases limited to and for the purpose of providing information to you about the benefits available to you under your health plan, including the services provided by Accolade. 

As noted above, where Your Personal Information also constitutes protected health information under the HIPAA, Your Personal Information will be handled in accordance with HIPAA and other applicable laws and will govern Accolade’s permitted uses and disclosures of Your Personal Information. Even where Your Personal Information may not be protected health information that is also protected by the federal HIPAA privacy law and various state laws, we treat all of Your Personal Information in a secure manner consistent with HIPAA and your health plan’s Notice of Privacy Practices. From time to time, Accolade may create and distribute de-identified health information by removing all references to personally identifiable information. Any distribution of such de- identified information is anonymous. However, we will never sell or provide Your Personal Information to any third party (even if it is de-identified) for the purpose of marketing their services to you or for any purpose unrelated to Accolade’s services consistent with the benefits available to you under your health plan. 

Special Note: Even if you decide not to use the Accolade Digital Tools, Accolade will have access to certain of the above-referenced information in its role as a service provider to your employer and/or a health plan carrier through which you have purchased a health plan or other benefits. As an employee or member of a health plan of an Accolade customer, you may have already consented to Accolade’s access to and use of such information for these purposes. This will not change whether or not you use the Accolade Digital Tools. If you have purchased a health plan from one of Accolade’s health plan customers, or receive benefits through a group health insurance plan administered by your employer, please refer to the “Notices of Privacy Practices” available to you through such heath plan carrier (e.g., a Blue Cross Blue Shield company) or your employer with respect to how your personal information may be used and disclosed in connection with your health benefits. 

How We Use General Usage Information 

We may use your General Usage Information in the following manner: 

By using the Accolade Digital Tools, you are opting in to receive such information from Accolade, including by direct message via the Accolade Digital Tools or separately by email. You can opt out anytime from these communications as further described below. 

Does the Site Use Cookies? 

Yes, Accolade Digital Tools uses “cookies” and other web tracking tools. We may store information about you using the cookies on Accolade Digital Tools. A cookie also called web cookie, Internet cookie, browser cookie, or simply cookie) is a small piece of data sent from a website and stored on the user’s computer by the user’s web browser while the user is browsing. We use cookies to improve your experience, to assess content usage, to distinguish you from other users of Accolade Digital Tools and to support the marketing of our services. For example, cookies help determine what kind of content we will serve to the user – a use case might be, if a user is browsing a particular set of page content themes, we might serve that theme in the form of advertising as we’ve identified them as an interested party of that theme. 

We want to be completely transparent about the cookies we use and to make their control as easy as possible for you. When you first enter Accolade Digital Tools, you will be asked to accept or reject cookies. If, after your initial visit to Accolade Digital Tools, you decide to change your cookie selection, you can do so by visiting www.accolade.com and selecting “Manage Cookies.”  

Third Party-Disclosure 

YOUR PERSONAL INFORMATION WILL NOT BE SOLD. Nor will Your Personal Information be licensed or disclosed to unaffiliated third-parties, except in connection with the sale, transfer, merger, consolidation or other transaction involving all or part of our company or as may be permitted under HIPAA and state privacy laws. 

Under HIPAA, and other state privacy laws, Accolade may be permitted to disclose protected health information to business associates of Accolade or its customers who perform various functions or provide services on their behalf. To perform these functions or to provide services, business associates will receive, create, maintain, use, or disclose protected health information that has been provided to or made available to the business associate by Accolade, but only after we require the business associates to agree in writing to contract terms designed to safeguard your information or, in the case of your employer’s or health plan carrier’s business associates, reasonable assurance that they will safeguard Your Personal Information. 

In addition to the above, we may share Your Personal Information and the General Usage Information collected from you, as described above, with third party partners that provide services as part of your health plan benefits to enable us to analyze and use such information in the manner set forth in this Privacy Notice. We also may provide certain information to our partners who assist us in operating the Accolade Digital Tools, conducting our business, or serving our clients, so long as those parties agree to keep this information confidential and comply with applicable law. We only share Your Personal Information and the General Usage Information for the purpose of providing services to you as part of the benefits available to you under your health plan, including to send outreach and engagement communications that make you aware of your eligibility for certain benefits, or to provide information about products and services that may be of interest to you. 

WE DO NOT SELL OR TRANSFER YOUR PERSONAL INFORMATION OR THE GENERAL USAGE INFORMATION TO THIRD PARTIES FOR MARKETING PURPOSES. 

In addition to the above, you acknowledge that we may be required to disclose your information to (i) comply with laws or to respond to lawful requests and legal process, (ii) to investigate, prevent, or take action regarding illegal or suspected illegal activities, (iii) to protect the rights and property of Accolade, and others to enforce our agreements, and this Privacy Notice and Terms of Use, (iv) in an emergency to protect person or property, (v) as may be needed on a confidential basis to support a corporate transaction (including a merger, acquisition, divestiture, financing, or sale of assets or lines of business, or (vi) on an aggregated basis for any purpose in which your specific personal information is blinded, masked or otherwise not identifiable. 

How We Protect Your Information 

The security, integrity, and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification. We comply with applicable law and follow industry standard practices to protect and secure and maintain the integrity and availability of your information. 

Such protections include strong encryption of Your Personal Information when in-transit across public networks. The Accolade Digital Tools Site and our internal networks supporting the Accolade Digital Tools are scanned regularly for malware and other viruses. Accolade monitors the Accolade Digital Tools for any security incidents that could compromise your information. 

Notwithstanding the foregoing, you acknowledge that no security safeguards or method of transmission over the Internet are completely secure. Accolade assesses its security procedures regularly and will make updates and enhancements in order to better protect your information. We ask that your take similar appropriate measures to protect their information, including by securing your access credentials (e.g., user name and password), not permitting your mobile device to be used by others, and by exiting from the Accolade Digital Tools after each use to ensure no information is available after you end a session on the Accolade Digital Tools. Accolade will not be liable for any losses or damages arising from your failure to comply with this Provision. 

If you believe that your access information has been compromised or become aware of any other security incident involving the Accolade Digital Tools or your account, you agree to immediately notify Accolade at [email protected]. 

Third Party Information / Links  

Whether via your Accolade Health Assistant® representative or through the Accolade Digital Tools, Accolade may provide links to other third-party websites that are not under our control. Accolade is not responsible for the content found on any third-party sites. We provide these links for your convenience and for information purposes only. 

Following links to or from any other sites or pages shall be at your own risk and Accolade accepts no responsibility or liability, to the extent permitted by any law, for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked sites or pages. 

Advertising 

Accolade does not permit third parties, other than your employer or health plan carrier, to advertise on the Accolade Digital Tools. 

Accolade may use Your General Usage Information to serve online advertisements to you on non-Accolade websites based on your usage of the Accolade Digital Tools in order to better inform you about the Accolade Service, benefits available to you under your health plan, and the tools available to you to engage with your Accolade Health Assistant® representatives, such as the Accolade Digital Tools. You can control Accolade’s use of Your General Usage Information through your Cookie Preferences, available at www.accolade.com and selecting “Manage Cookies.”  

Accolade does not engage in direct interest-based advertising to children as defined under the Children’s Online Privacy Protection Act, or where Accolade has actual knowledge that a user is under 13 years of age. 

Not Intended For Persons Under Age 18 

The Accolade Digital Tools are not intended for use by persons under the age of 18. Parents and other guardians or custodians may be granted access, subject to applicable law and appropriate verification, of information concerning their minor children. Adults should not assist minors in accessing the Accolade Digital Tools. When visitors enter personal information into the Accolade Digital Tools, the user is representing that he/she is an adult over 18 years old. 

If registration is required for any services on the Accolade Digital Tools, and a user submits information through such a registration process that indicates that such user is a child, the child’s parent or guardian will be alerted to the child’s registration and will be provided instructions on how the parent or guardian can delete the child’s registration, if so desired. To the extent that you or any user is an emancipated minor, Accolade reserves the right to request additional information from a court of relevant jurisdiction that the user is in fact an emancipated minor. 

When It Comes To Your Health Information, You have Certain Rights 

To the extent Accolade has such information, you can ask to see, access, or get an electronic or paper copy of your medical record and certain other health information we have about you. Ask us how to do this; we may charge a reasonable, cost-based fee for the compilation as permitted by applicable law. 

You can ask us to limit what health information we use or share. (Important Note: We are not required to agree to your request under certain circumstances, which we will explain if asked, including if your request is unreasonable or if we are not entitled to accept such request as in when we are a service provider to your health plan). 

You can ask us to contact you in a specific way (for example, home or office phone) or in a specific location. For example, if you would prefer that we only contact you through the Accolade Digital Tools, we will note that in your record. (Important Note: We are not required to agree to your request under certain circumstances, which we will explain if asked, including if your request is unreasonable or if we are not entitled to accept such request as in when we are a service provider to your health plan). 

You can get a list of those with whom we’ve shared information (for the six years prior to your request); we will charge a reasonable, cost-based fee for the compilation as permitted by applicable law. 

You can choose someone to act for you as your personal representative. We may ask you to designate such person in writing using a form of our choice. 

You can file a complaint if you feel your rights are violated. You can contact Accolade’s Privacy Officer at the address below, or file a complaint with the US Department of Health and Human Services, Office for Civil Rights, by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775 or visiting www.hhs.gov/ocr/privacy/hipaa/complaints . We will not retaliate against you for filing a complaint. 

You can get a paper copy of this notice on request. 

You have the right to correct any personal or medical information about you maintained or collected by Accolade; just ask us how to do this. 

California Residents 

The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (“CPRA”, collectively “CCPA”), and other California privacy laws provides California residents (i.e., consumers) with specific rights regarding personal information. This section of the Privacy Notice describes those CCPA rights and how to exercise those rights. 

This section does not apply to publicly available information or to protected health information that is collected and governed by the privacy, security, and breach notification rules issued by the federal Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Availability Act of 1996 (“HIPAA”). 

Access to Specific Information and Data Portability Rights 

As a California resident, you have the right to request that Accolade disclose certain information to you about Accolade’s collection and use of Your Personal Information, other than your protected health information disclosed to us as part of your participation in an employer-sponsored group health plan and/or your health plan carrier through which you have purchased a health plan or other benefits, over the past twelve (12) months. Once Accolade receives and confirms a verifiable consumer request from you, Accolade will disclose to you, to the extent permitted by law: 

• The categories of personal information Accolade collected about you. 

• The categories of sources for Your Personal Information Accolade collected about you. 

• Accolade’s business or commercial purpose for collecting Your Personal Information. 

• The categories of third parties with whom Accolade shares Your Personal Information. 

• If we disclosed your personal information for a business purpose, the personal information categories that each category of recipient obtained. 

You shall have the right to request that the information described above be provided to you in a portable and readily useable format, to the extent technically feasible (“data portability”).  

Accolade does not sell Your Personal Information. 

Deletion and/or Correction Request Rights 

You have the right to request that Accolade delete and/or correct certain of Your Personal Information that Accolade collected from and/or related to you and retained, subject to certain exceptions. Because of the relationship between Accolade and your employer and/or your health plan carrier, Accolade cannot delete or correct/change Your Personal Information provided by your employer, your health care provider and/or other entities that support your health benefits plan. 

To the extent that Accolade can delete or correct Your Personal information, once Accolade receives and confirms your verifiable consumer request, Accolade will delete and/or correct (and direct our service providers to delete) Your Personal Information, unless an exception applies. 

We may deny your deletion request if retaining the information is necessary for us or our service providers to: 

• Complete the transaction for which we collected Your Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, your employer, or your health plan carrier, or otherwise perform our Services. 

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. 

• Debug products to identify and repair errors that impair existing intended functionality. 

• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. 

• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.). 

• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent. 

• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. 

• Comply with a legal obligation. 

• Make other internal and lawful uses of that information that are compatible with the context in which you provided it. 

Additionally, Accolade may deny your deletion and/or correction request if the information sought to be deleted is protected health information disclosed to us as part of your participation in an employer-sponsored group health plan and/or your health plan carrier through which you have purchased a health plan or other benefits.  

We may deny your correction request if, after considering the totality of the circumstances, we determine that the information is more likely accurate than not. 

Limit the Use of My Sensitive Personal Information 

Under the CCPA, California residents have the right to limit the use of their sensitive personal information (“SPI”) to only those purposes that are necessary for the business to provide products or services to the consumer.  Accolade does not use any of your SPI for any other purposes than to provide the services to you.   

Exercising Your Access, Data Portability, and Deletion Rights 

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to Accolade by either: 

• Visiting the Data Subjects Rights Portal located here; or 

• Calling the following toll-free number at 1-888-914-9661, and using PIN 494 202 to identify that you are calling with respect to Accolade. 

We ask that you not provide us with any medical or protected health information through the above communications.  

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to Your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.  

You may only make a verifiable consumer request for access or data portability two times within a 12-month period. The verifiable consumer request must:  

• Provide sufficient information that allows Accolade to reasonably verify you are the person about whom Accolade collected personal information or an authorized representative; and 

• Describe your request with sufficient detail that allows Accolade to properly understand, evaluate, and respond to it. 

Accolade cannot respond to your request or provide you with Your Personal Information if Accolade cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. Any disclosures provided pursuant to the CCPA will only cover the 12-month period preceding the receipt of the verifiable consumer request.  

Accolade will respond to a verifiable consumer request within 45 days of its receipt, or notify you that Accolade requires more time to respond and the reason for the extended response time. Accolade will deliver its written response by mail or electronically, at your option. 

To the extent that your verifiable consumer request is excessive, repetitive, or manifestly unfounded, Accolade may charge a reasonable fee to respond to such request. 

Accolade will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, Accolade will not: 

• Deny you goods or services. 

• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. 

• Provide you a different level or quality of goods or services. 

• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. 

Colorado Residents 

The Colorado Privacy Act (“CPA”) and other Colorado privacy laws provide Colorado residents (I.e., consumers) with specific rights regarding personal information. This section of the Privacy Notice describes those CPA rights and how to exercise those rights. This section does not apply to publicly available information or to protected health information that is collected and governed by the privacy, security, and breach notification rules issued by the federal Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Availability Act of 1996 (“HIPAA”). 

Access to Specific Information and Data Portability Rights 

Colorado residents have the right to request that Accolade disclose certain information to you about Accolade’s collection and use of your personal information over the past twelve (12) months. Once Accolade receives and confirms a verifiable consumer request from you, Accolade will disclose to you, to the extent permitted by law: 

• The categories of personal information Accolade collected about you. 

• The categories of sources for your personal information Accolade collected about you. 

• Accolade’s business or commercial purpose for collecting your personal information. 

• The categories of third parties with whom Accolade shares your personal information. 

• If we disclosed your personal information for a business purpose, the personal information categories that each category of recipient obtained. 

• You shall have the right to request that the information described above be provided to you in a portable and readily usable format, to the extent technically feasible (“data portability”). 

Accolade does not sell your personal information.  

Deletion and/or Correction Request Rights 

You have the right to request that Accolade delete and/or correct certain of your personal information that Accolade collected from and/or related to you and retained, subject to certain exceptions. Because of the relationship between Accolade and your employer and/or your health plan carrier, Accolade cannot delete or correct/change your personal information provided by your employer, your healthcare provider and/or other entities that support your health benefits plan. 

To the extent that Accolade can delete or correct your personal information, once Accolade receives and confirms your verifiable consumer request, Accolade will delete and/or correct (and direct our service providers to delete) your personal information, unless an exception applies. 

We may deny your deletion request if retaining the information is necessary for us or our service providers to: 

• complete the transaction for which we collected your personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, your employer, or your health plan carrier 

• detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities 

• debug products to identify and repair errors that impair existing intended functionality 

• exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law 

• engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent 

• enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us 

• comply with a legal obligation 

• make other internal and lawful uses of that information that are compatible with the context in which you provided it 

Additionally, Accolade may deny your deletion and/or correction request if the information sought to be deleted is protected health information disclosed to us as part of your participation in an employer-sponsored group health plan and/or your health plan carrier through which you have purchased a health plan or other benefits. 

We may deny your correction request if, after considering the totality of the circumstances, we determine that the information is more likely accurate than not. 

Exercising Your Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to Accolade by either: 

• visiting the Data Subjects Rights Portal located here; or 

• calling the following toll-free number at 1 (888) 914-9661, and using PIN# 494 202 to identify that you are calling with respect to Accolade. 

We ask that you not provide us with any medical or protected health information through the above communications. 

Only you or a person registered with the Colorado Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. 

You may only make a verifiable consumer request for access or data portability twice within a 12 month period. The verifiable consumer request must: 

• provide sufficient information that allows Accolade to reasonably verify you are the person about whom Accolade collected personal information or an authorized representative 

• describe your request with sufficient detail that allows Accolade to properly understand, evaluate, and respond to it 

Accolade cannot respond to your request or provide you with your personal information if Accolade cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. Any disclosures provided pursuant to the CPA will only cover the 12-month period preceding the receipt of the verifiable consumer request. 

Accolade will respond to a verifiable consumer request within 45 days of its receipt, or notify you that Accolade requires more time to respond and the reason for the extended response time. Accolade will deliver its written response by mail or electronically, at your option. To the extent that your verifiable consumer request is excessive, repetitive, or manifestly unfounded, Accolade may charge a reasonable fee to respond to such request.  Accolade will not discriminate against you for exercising any of your CPA rights. Unless permitted by the CPA, Accolade will not: 

• deny you goods or services 

• charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties 

• provide you a different level or quality of goods or services 

• suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services 

Right to Appeal 

You have the right to appeal any declination to respond or failure to take action regarding your request to exercise your rights.  

To exercise your right to appeal, please submit a verifiable appeal request to Accolade by either: 

• visiting the Data Subjects Rights Portal located here; or 

• calling the following toll-free number at 1 (888) 914-9661, and using PIN# 494 202 to identify that you are calling with respect to Accolade. 

We ask that you not provide us with any medical or protected health information through the above communications. 

Connecticut, Utah & Virginia Residents 

Accolade and its affiliates are exempt from the Connecticut Data Privacy Act (“CTDPA”), Utah Consumer Privacy Act (UCPA) and Virginia Consumer Data Protection Act (“VCDPA”). 

These laws and other state privacy laws provide residents (i.e., consumers) of these states with specific rights regarding personal information. These laws apply to for-profit and business-to-business companies that interact, or process personal data of residents of these states on a relatively larger scale.  However, these laws DO NOT apply to covered entities or business associates under the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act.  Accolade and its affiliates are covered entities and/or business associates and are not subject to CTDPA, UCPA or VCDPA.    

Contact Us 

If you have any questions, comments or concerns about the Accolade Digital Tools or these Terms, please contact us using the Accolade Digital Tools portal or as follows: 

FOR GENERAL INQUIRIES: 

[email protected] 

MAIL: 

LEGAL DEPARTMENT ACCOLADE, INC. 660 WEST GERMANTOWN PIKE, SUITE 500 PLYMOUTH MEETING, PA. 19462 

FOR PRIVACY INQUIRIES: 

[email protected] 

MAIL: 

CHIEF PRIVACY OFFICER ACCOLADE, INC. 660 WEST GERMANTOWN PIKE, SUITE 500 PLYMOUTH MEETING, PA. 19462 

FOR SECURITY CONCERNS: 

[email protected] 

MAIL: 

CHIEF INFORMATION SECURITY OFFICER ACCOLADE, INC. 1201 THIRD AVE, SUITE 1700 SEATTLE, WA 98101 

NO REQUEST TO EXERCISE A CONSUMER’S RIGHT UNDER THE CCPA, CPA, OR OTHER STATE PRIVACY LAWS SHOULD BE SENT TO THE ABOVE POINTS OF CONTACT. ALL CONSUMER REQUESTS UNDER THE CCPA MUST BE SENT TO THE FOLLOWING: (1) Data Subjects Rights Portal located here; or (2) Calling the following toll-free number, at 1-888-914-9661, and using PIN 494 202 to identify that you are calling with respect to Accolade 

While the Accolade Digital Tools provides for secure electronic messaging, email that you send to Accolade through the above email addresses, like most, if not all, non-encrypted Internet e-mail communications, may be accessed or intercepted and viewed by other Internet users, without your knowledge and permission, while in transit to us. We do not control the transmission of information to these email addresses through the Internet. 

For that reason, to protect your privacy, please do not use email to communicate information to us that you consider confidential. If you wish, you may contact your Accolade Health Assistant through the Accolade Digital Tools securely or use the telephone numbers that appears on your ID card. 

Changes to this Privacy Notice 

We reserve the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Privacy Notice, we will notify you by email or through a notice on our website homepage.