ACA TRACK, LLC Terms of Use
Interactive Health Benefits, LLC d/b/a ACA TRACK, LLC, (“ACA TRACK”), herein provides customers with a 1095-C form reprinting service, (as well as mailing of reprinted form) (collectively, the “Services”).
The use of this site is governed by these Terms and Conditions (“T&C”) set forth below, as well as the Privacy Policy. Please read them carefully. Your use of this site indicates Your acceptance of these terms and conditions. ACA TRACK is willing to provide you with access to our site only on the condition that you accept all of the terms and conditions contained in this Agreement. By accessing or using our site, you agree to be bound by this Agreement and all of its terms. If you are using our site on behalf of a company or organization, such company or organization will also be considered a party to this Agreement.
ACA TRACK reserves the right to make modifications, alterations or updates to this site and these Terms & Conditions at any time and without notice to users. You accept the affirmative obligation to periodically review whether or not these Terms & Conditions have changed, and Your continued use of this site shall be deemed an acceptance and agreement to be bound by such modifications, alterations or updates.
You (referred to herein as “You” “Your(s)” or “User” agree that Your use of such Services is at Your own risk. The Content (as defined below), and ACA TRACK proprietary software, may be used in providing the Services, and are subject to the following reservation of intellectual property rights by ACA TRACK or its suppliers.
Copyright
All content included on this site, including without limitation, text, graphics, logos, trademarks, trade names, button icons, images, pre-designed templates, sounds, software, processing and other functionality, and all other material placed by ACA TRACK on the site (collectively called the “Content”), and the collection, arrangement and assembly of the Content, is the property of or licensed by ACA TRACK and/or its suppliers and service providers. The Content on all pages of the ACA TRACK websites, including www.myacatrack.net, www.acatrack.net, www.acatrackfaq.net, and www.1095Cforms.net, is provided solely for the use of ACA TRACK clients and/or brokers to interact with ACA TRACK and may not be used by You, or any other person or entity, for any other purpose. Users do not receive any copyright in or to the Content itself. No interest in the Content, whether in whole or in part, may be sold, assigned, encumbered, licensed or otherwise transferred by You or any third parties. Neither Your use of the Content nor the creation of products or materials using such Content create joint authorship, joint ownership or “works made for hire” with ACA TRACK in or regarding such Content. When using any Services provided via the ACA TRACK websites, You may elect to upload or otherwise submit materials to the site (collectively, “Materials”). ACA TRACK does not supervise the uploading of any User-provided Materials to this site, although it reserves the right to do so. You agree, represent and warrant that in using the Services, You will not upload, submit or otherwise transmit to ACA TRACK: Materials that are unlawful, threatening, abusive, defamatory, obscene or which invade another person’s privacy or further the commission or concealment of a crime; Materials that are not lawfully Yours to transmit; Materials that are the subject of, or which infringe upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; In respect to any materials and/or images (“ACA TRACK Materials”) provided to you through this site that you did not upload, submit or otherwise transmit to ACA TRACK, you agree, represent and warrant:
That any use of ACA TRACK Materials is limited to use by you solely in your print materials for your personal/business use or as specifically set forth in your Managed Services Agreement with ACA TRACK, as applicable;
Not to reverse engineer, decompile, or disassemble any of the ACA TRACK Materials or use them separately from the ACA TRACK Materials provided by ACA TRACK;
Not to move, add to, delete or otherwise tamper with the information contained in ACA TRACK’s Web site.
Not to modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works from, transfer, sale, or otherwise use the ACA TRACK Materials, except as specifically provided in these T&C;
Not use the ACA TRACK Materials in context or juxtaposition with any pornographic, defamatory, or unlawful uses or materials
ACA TRACK takes no ownership in any Materials uploaded to the ACA TRACK websites, except ACA TRACK retains its rights in and to the Content that is present on the site or that may be created and/or supplied by or for ACA TRACK.
You also warrant and confirm that You own the copyright or have permission to copy any documents or Materials You submit online for printing, submission, or processing, and agree to defend, indemnify and hold ACA TRACK, its parent company, and their respective officers, directors, agents and employees, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney’s fees incurred by ACA TRACK in defending against such suit, demand or claim.
ACA Track owns and retains all proprietary rights to the Site, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of the ACA Track.
Limitations and Disclaimers
ACA TRACK IS NOT RESPONSIBLE FOR RETAINING ANY WORK ORDERED BY
CUSTOMER AFTER WORK HAS BEEN MAILED TO CUSTOMER AND/OR FILED VIA AIR SYSTEM WITH THE IRS AND ACA TRACK IS ENTITLED TO COLLECT AND RETAIN PAYMENT FOR ALL WORK PERFORMED ON THE CUSTOMER’S BEHALF.
THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS
CONTAINED OR OFFERED THROUGH THE ACA TRACK WEBSITES, INCLUDING,
WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS
IS” BASIS WITH NO WARRANTY. USE OF THE INFORMATION, CONTENT,
SERVICES, PRODUCTS AND MATERIALS ON THIS SITE IS AT THE USER’S SOLE RISK. ACA TRACK SERVICES AND PRODUCT ARE SUBJECT TO CHANGE OR DISCONTINUATION AT ACA TRACK’S SOLE DISCRETION. IN THE EVENT SERVICES AND/OR PRODUCTS ARE MODIFIED OR DISCONTINUED, ACA TRACK WILL NOTIFY THE CUSTOMER OF THESE CHANGES IN ADVANCE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACA TRACK DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM
FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE
OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ACA TRACK DOES
NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT,
PRODUCTS OR MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE,
COMPLETE OR CURRENT, OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS OR WILL BE TIMELY, UNITERRUPTED, SECURE, OR ERRORFREE.
NEITHER ACA TRACK NOR ITS PARENT OR ANY OF ITS AFFILIATES,
SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS IN ANY EVENT WILL BE
LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL
CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES
UNDER ANY THEORY OF LAW (I) ARISING OUT OF USER’S USE OF THIS
WEBSITE IN ANY MANNER; (II) FOR ANY ERRORS IN THE INFORMATION,
CONTENT, SERVICES, PRODUCTS OR MATERIALS ON THIS SITE; (III) FOR THE
PROVISION OR USE OF ANY INFORMATION, CONTENT, SERVICES, PRODUCTS
OR MATERIALS VIA THIS WEBSITE; (IV) (FOR ANY NONDELIVERY, MISDELIVERY,
LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER
REASON), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA OR USER-PROVIDED MATERIALS, EVEN IF YOU HAVE ADVISED ACA TRACK OF THE POSSIBILITY OF SUCH DAMAGES.
**(NEITHER ACA TRACK NOR ITS PARENT OR ANY OF ITS AFFILIATES,
SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY
DIRECT DAMAGES, NOR SHALL ANY ADJUSTMENT, REFUND OR CREDIT OF
ANY KIND BE MADE IN EXCESS OF THE LESSER OF $100.00 OR THE AMOUNT PAID TO ACA TRACK FOR THE SUBJECT PRINTED PRODUCTS PLUS POSTAGE FEES, IF ANY.
In no event will ACA TRACK, its parent, or its affiliates, subsidiaries, suppliers or service providers be liable for, nor make any adjustment, refund or credit of any kind for, any loss, corruption, delay, misprint, non-print, inclusion, omission, shipment, misdelivery, nondelivery, misinformation, other direct or indirect damages, or failure to provide printed products, printing services, reporting services, IRS submission services, or mailing services (any of the foregoing, “Service Failure”) to the extent caused by or resulting from:
- Your acts, defaults or omissions;
- Your violation of any of the terms and conditions contained in these Terms & Conditions, as amended from time to time;
- Viruses, worms, Trojan horses and other forms of harmful code that are not detected or removed using ACA TRACK standard virus-detection procedures;
- Criminal acts, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, war, national or local disruptions in electronic and transportation networks, failures of Internet service providers, weather phenomena, strikes, natural disasters, and disruption or failure of communication and information systems;
- Loss, corruption or irretrievability of, or damage to, Your personal information, User-provided Materials or information regarding the printed products used or stored by ACA TRACK;
- Your failure to provide an accurate mailing address, name, SSN or other information that You are asked to provide in connection with the provision of services;
- Your failure to provide data or other necessary information to ACA TRACK in the timeframe specified by ACA TRACK in order to comply with those deadlines set by the IRS.
- Acts, defaults or omissions of any person or entity other than ACA TRACK, including our compliance with verbal or written instructions from the client;
- Our inability to provide a copy of the filing/printing/mailing/submission record;
- Our failure to notify You of any delay, loss or damage in connection with Your printed products or submissions or any inaccuracy in such notice;
- Our provision of advice, assistance or guidance on this site does not constitute acceptance of liability.
- All claims, whether they regard printing services or reporting services, should be resolved by contacting ACA TRACK at support@acatrack.net. Failure to contact ACA TRACK directly will cause a delay in the processing of any claim and will result in a delay in processing Your claim, which could cause You to lose the ability to receive compensation for loss involving reporting or printing services as provided in these terms and conditions.
ACA TRACK reserves the right, without prior notification, to limit access to and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. No obligation to provide services exists between You and ACA TRACK until ACA TRACK exercises the authorization to charge Your credit card, and the charge is validated and accepted by Your credit card company.
Because this site is viewable internationally, please be advised that ACA TRACK Services are only available in the United States.
Suspension & Termination
In the event that ACA TRACK learns of, or has reasonable grounds to suspect, that information You have provided is inaccurate, or that activity in violation of these Terms & Conditions has occurred, we can suspend or terminate Your access to the Services without notice and refuse to authorize its future use. Repeated violations of these Terms & Conditions will result in immediate termination. In addition, ACA TRACK reserves the right to discontinue the Services at any time without reason or advance notice to You. We will determine, in our discretion, whether there has been a breach of these T&C through your use of our Site. When a breach of this Policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of this Policy upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you including criminal or civil liabilities.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Michigan, without giving effect to any principles or conflicts of law. Any litigation concerning these Terms &
Conditions or subject matter relating to the uses of this site shall be brought in Oakland County, Michigan, and by using this site, You expressly consent to the exercise of personal jurisdiction over You by such courts.
This site may contain links to sites that are owned, operated and maintained by third parties, which are provided as a convenience to You. These linked sites are not under the control of ACA TRACK, and ACA TRACK is not responsible for the accuracy of the content on such sites, or the privacy practices of such sites, ACA TRACK does not monitor nor review the content of such sites, and You expressly understand that You access by link to such sites is at Your own risk.
Security and Privacy Policy
ACA TRACK acknowledges that You may provide personal data or other information to its site via the Internet. Although ACA TRACK will take all reasonable steps to safeguard Your personal data or other information, no system is 100% safe. Despite the use of secure server software and other precautions, such information is subject to interception, alteration, or interruption by third parties. ACA TRACK is not responsible for any interception, alteration, or interruption of any communications through the Internet or for changes to or losses of data. ACA TRACK does not guarantee absolute confidentiality or security. In addition, ACA TRACK may disclose part or all of Your personal data, User-provided Materials and printed products as required by law, rule, regulation or court order. The ACA TRACK Security & Privacy Policy governs the handling of such information. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of ACA TRACK sites. In order to protect You and your data, ACA TRACK may suspend Your use of a client site, without notice, pending an investigation, if any breach of security is suspected.
Selecting Strong Passwords
To be compliant, a password must contain at least one numerical character, at least one alphabetic character, and one special character. For a strong password, include upper and lower case alphabetic characters and at least one non-alphanumeric character (e.g., !, @, #, $, %, ^, &, *, ?, etc.).
Strong passwords should contain at least four unique characters (e.g., aaaaa1 is not acceptable). They should contain at least three characters that are different from those found in the password being replaced.
Strong passwords should not be based on a user’s personal information or that of his/her friends, family members, or pets. Personal information includes logon ID, name, birthday, address, phone number, social security number or any permutations thereof.
Passwords should not be based on publicly-known pop culture references (i.e., popular fictional characters from books, TV, films, etc.). Passwords should not be based on the Company’s name or geographic location.
Users may choose easily-remembered passwords that are at the same time difficult for unauthorized parties to guess if they:
- String together several words into a pass phrase;
- Combine punctuation or numbers with a regular word;
- Create acronyms from words in a song, a poem, or another known sequence of words
Access to Password Protected and/or Secure Areas
Access to and use of password protected and/or secure area of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
Limitation of Liability and Indemnification
You agree to indemnify, defend and hold ACA TRACK, its officers, directors, employees, shareholders, agents, affiliates. subsidiaries, suppliers and representatives harmless from and against any and all claims, damages, losses, costs, and expenses
(including but not limited to court costs, legal fees, awards or settlements) that arise directly or indirectly from; (a) Your breach of any provision of these T&C; (b) any allegation that any Materials You provided constitute Infringing Materials; or (c) any of Your activities conducted in connection with this site.
By using any services provided by ACA Track, you agree that in no event will ACA Track, its officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the Site and using any of the services available. In order to use the Site, you must maintain your own Internet access. System availability and access to the services and information available on the Site may be limited or unavailable for reasons which may include, without limitation, system performance, telecommunications failure, hardware failure or software failure. We are not responsible for any loss of data, timeliness of service, or failure to store your data or personalization settings.
No Other Relationship
The use of this site creates no relationship, contractual or otherwise, between You and any other entity, supplier or service provider, other than ACA TRACK.
ACA TRACK Technology and Security
Technology Infrastructure:
The ACA TRACK application is hosted on secure cloud-based, enterprise-class hardware and is protected by firewalls. Access to the server is restricted to those few who administer it or deploy system updates. Where necessary to provide additional security to sensitive or confidential information, additional data encryption is utilized. All databases are backed up three times per day. Back-ups securely transferred to an offsite back-up service.
Security:
- Browser to Web Server encryption SSL
SSL is used for encrypting traffic over the Internet between a web browser and web server. SSL encryption is commonly found when you log in to a bank application or when entering credit card information on a shopping cart page. The ACA TRACK application employs a valid and current SHA-2 Secure Socket Layer (SSL) certificate. SHA-2 represents the most current set of cryptographic hash functions.
ACA TRACK takes a series of steps to secure our server. The steps are divided into common configuration categories, including patches and updates, ports, protocols, accounts, services, files and directories and others. The network is segmented to only allow necessary traffic between subnets via firewall rules. To ensure optimal server security, our firewalls, virus protection, operating system, and web server policies are reviewed, updated and monitored regularly. Access to the server is restricted even within ACA TRACK to those who maintain it.
Can another Company see my Company’s data?
The ACA TRACK application security is segmented into two different areas: organizational (Client) based security and permission-based security.
- Organizational Security – Once a client user has logged in, only data pertaining to his/her company can be viewed.
- Permissions Security – Administrators of the ACA TRACK application can grant or deny users access to both data and application functionality. Here are some examples:
o Client Users can only view (and edit information for) companies for which they are designated as authorized users.
o Client Administrators can only grant or deny user access to the Company they are authorized to administer.
o Internal ACA Track users are restricted from uploading or downloading client data unless they have a job role which specifically requires them to manage data on behalf of the client (“Concierge Data Management” service). These employees are provisioned using a specific role in the system.
ACA TRACK’s employee privileged user accounts are disabled immediately upon notification of termination or job role change.
All sensitive personal data within the ACA TRACK database is encrypted both in transit and at rest. Examples of sensitive personal data include social security number, medical coverage information, etc.
ACA TRACK contracts with an independent third-party vendor to run weekly external network vulnerability scans of all external, internal and web application system components in accordance with the applicable requirements of the Payment Card Industry Data Security Standards (PCIDSS).
ACA TRACK has implemented a host-based intrusion detection tool on each production server, and an IDS/IPS for network layer packet analysis and detection.
- Controls Against Malicious Code:
ACA TRACK deploys an anti-malware management solution that is configured to run twice each day and to check virus patterns/signatures every 3 hours.
Backups:
All ACA TRACK databases are backed-up daily at 7:30 PM (eastern time) every day.
Back-ups are initially stored at geo-redundant storage backup service (off-site).
In the event of a disaster caused by factors beyond our control that results in a catastrophic outage, service restoration would take place according to our recovery plan. Our application infrastructure features server redundancy, and servers are organized in pairs as part of an availability group to avoid concurrent maintenance downtime. In the unlikely event that our cloud-based, enterprise-class data center has a catastrophic failure, service restoration could take up to 7-10 days.
Risk Management:
ACA TRACK has a formally documented risk management program that includes:
identifying, analyzing, and evaluating risks to information systems, and outlines how risk response/management decisions will be made. Risk assessments are performed on a regular basis.
Incident Response:
ACA Track has developed and implemented a comprehensive Incident Response plan, which encompasses the categories and supporting activities listed here: preparing for an incident; detecting an incident, responding to and containing an incident; recovery from incident; post-incident activities and awareness.
Technical Support:
- Support Personnel at ACA TRACK
ACA TRACK provides support to clients either via phone or email. ACA TRACK also provides online documentation including a user guides and detailed manuals, FAQs, and Video tutorials in our Knowledge Base at http://help.myacatrack.com/support/home.
To find out more about our privacy practices, please see the ACA TRACK Privacy Notice.
For additional information, please contact support@acatrack.net.
Last updated June 12, 2023
