Employer State Reporting Overview

Vermont Employer Obligations Overview: Vermont does not require any additional Employer Reporting under the State Individual Mandate as long as the employer reporting requirements under the Affordable Care Act remain in place.

District of Columbia (Washington, DC) Employer Obligations Overview: Applicable Large Employers (both in-state & out-of-state) who offer coverage to District of Columbia residents and/or employees with a DC mailing address, regardless if payroll taxes are withheld for the jurisdiction, at any point during the current calendar year must submit a return to the District and provide written statements to employees annually. The 1095 forms required under the Affordable Care Act currently meet the Employee Written Statement requirement for the District. The District of Columbia requires both the 1095C and the 1095B form to be reported, irrespective of the plan funding method. 2023 District of Columbia Reporting Year Deadlines will be forthcoming.

Rhode Island Employer Obligations Overview: Employers (both in-state & out-of-state) who offer MEC coverage to Rhode Island residents at any point during the current calendar year must submit a return to the state and provide written statements to employees annually. The 1095 forms required under the Affordable Care Act currently meet the Employee Written Statement requirement for the state. The state of Rhode Island requires employers to submit the 1095C Information as part of the Individual Mandate Return for any medical plan that is Self Funded, and may submit the same if the medical plan is Fully Funded and the carrier is not licensed or otherwise authorized by the Rhode Island Office of the Health Insurance Commissioner to offer health coverage. If the medical plan is Fully Funded and the carrier is licensed and authorized by the Rhode Island Office of the Health Insurance Commissioner to offer health coverage, then the carrier is required to submit the 1095B Information to the state on behalf of the employer. 2023 Rhode Island Reporting Year Deadlines will be forthcoming.

California Employer Obligations Overview: Employers (both in-state & out-of-state) who offer MEC coverage to California residents at any point during the current calendar year must submit a return to the state and provide written statements to employees annually. The 1095 forms required under the Affordable Care Act currently meet the Employee Written Statement requirement for the state. California has clarified their state reporting requirements and confirmed that the state only expects the employer to submit 1095C information as part of the Employer Individual Mandate Return if the employer-offered medical plan is Self Funded. If the employer-offered medical plan is Fully Funded then California only expects to receive the 1095B information, which is generally reported by the medical carrier and/or plan sponsor. While the medical carrier is supposed to provide the 1095B information return to California on the employer’s behalf, employers should confirm with all applicable fully funded medical carriers and/or plan sponsors that they will be making this submission to the state of California for the current Reporting Year. The employer remains liable for ensuring that the proper reporting has been completed.

• Employers Offering Self Funded Medical Plans – a return containing the 1095C information must be submitted to the state of California for the current Reporting Year.

• Employers Offering Fully Funded Medical Plans – a return containing only the 1095B information must be submitted to the state of California for the current Reporting Year. Employers should act immediately to confirm that their medical carrier will be completing this return on their behalf. 2023 California Reporting Year Deadlines will be forthcoming.

New Jersey Employer Obligations Overview: Applicable Large Employers (both in-state & out-of-state) who offer coverage to New Jersey residents at any point during the current calendar year must submit a return to the state and provide written statements to employees annually. The 1095 forms required under the Affordable Care Act currently meet the Employee Written Statement requirement for the state. New Jersey has clarified the state reporting requirements and confirmed that the state only expects the employer to submit 1095C information as part of the Employer Individual Mandate Return if the employer-offered medical plan is Self Funded. If the employer-offered medical plan is Fully Funded then New Jersey only expects to receive the 1095B information, which is generally reported by the medical carrier and/or plan sponsor.

While the medical carrier is supposed to provide the 1095B information return to New Jersey on the employer’s behalf, employers should confirm with all applicable fully funded medical carriers and/or plan sponsors that they will be making this submission to the state of New Jersey for the current Reporting Year. The employer may share liability if its insurer or plan sponsor does not file the required 1095 forms on time.

• Employers Offering Self Funded Medical Plans – a return containing the 1095C information must be submitted to the state of New Jersey for the current Reporting Year.

• Employers Offering Fully Funded Medical Plans – a return containing only the 1095B information must be submitted to the state of New Jersey for the current Reporting Year. Employers should act immediately to confirm that their medical carrier will be completing this return on their behalf. 2023 New Jersey Reporting Year Deadlines will be forthcoming.

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.

Server Security

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.

Application Security

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.

Data Security

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.

Vulnerability Scans

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).

Monitoring System Use

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).

Disaster Recovery

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

This Privacy Statement explains the manner in which Interactive Health Benefits, LLC d/b/a ACA TRACK, LLC may use and/or disclose Personal Information that we collect from those who engage with us in online business activities.

The Privacy Statement and policies set forth herein also describe the methods through which you can control your data. Additionally, we are committed to meeting the obligations of evolving and complex laws granting individuals more control.

Interactive Health Benefits, LLC d/b/a ACA TRACK, LLC (hereinafter referred to as “ACA TRACK,” “we,” “us” or “our”), are committed to protecting the privacy of those individuals who visit our websites (the “Websites”) and register to use our applications and services (“Services”). This policy describes our privacy practices and how we use and collect the personal information that you share with us when browsing our Website(s) and/or registering an account with us. ACA TRACK is headquartered in the United States of America. Therefore, personal information that we collect and maintain may be transferred to or controlled and processed in the United States of America and/or other countries around the world. By providing us with personal information and by using our Website(s) and Services, you consent to this transfer. We will protect the privacy and security of personal information we collect in accordance with this privacy policy, regardless of where it is processed or stored, however you explicitly acknowledge and consent to the fact that personal information stored or processed in the United States will be subject to the laws of the United States, including the ability of governments, courts, law enforcement and/or regulatory agencies of the United States who have valid jurisdiction over ACA TRACK to obtain disclosure of your personal information subject to a valid subpoena, court order or similar official request. If you are a California Resident, please see our Privacy Notice for California Residents section below. At this time ACA Track is not considered a processor under GDPR and is not subject to its policies.

ACA Track’s Privacy Policy applies to all individuals or customers with active or inactive accounts as well as any potential customers or other visitors to our site.

ACA TRACK is integrated with third party applications, including Freshdesk (our help system), the IRS

AIR application, SendGrid (system for general email transmission and tracking), and ShareFile (secure file transmission platform). Various other third-party applications may be used in providing services including state reporting services. ACA Track’s Privacy Policy does not reflect the privacy practices or policies of those other sites. As we continue to develop our website and take advantage of technologies to improve the services we offer, this policy likely will change. When we change it, we will post the change(s) on our website. You can determine when this version of the privacy notice was adopted by referring to the “EFFECTIVE DAT E ” below. If you have additional questions about privacy or information security, please contact us at legal@acatrack.net.

C-I-A/Security

ACA TRACK handles and/or manages information assets which can take various forms, including, but not limited to data printed, stored electronically, transmitted by electronic means, stored on electronic media, and/or spoken in conversation. All Information including personal and PHI information will be protected from loss of confidentiality, integrity, and availability relating to internal stakeholders, business partners, clients, and client assets by continually implementing adequate safeguards in place to protect it based on risk assessment and to ensure compliance with all applicable regulations.

Data Privacy

ACA TRACK is committed to ensuring compliance with all applicable data privacy laws and regulations, continually implementing and enhancing the controls based on privacy risk assessments as they pertain to the data that clients give us about themselves and their employees, and which we in turn use to provide our ACA and state reporting services.

HIPAA

It is ACA TRACK’s policy to comply fully with HIPAA’s requirements, as applicable. To that end, all staff members who have access to PHI must comply with the HIPAA Privacy and Security Plan. ACA TRACK will work with your Human Resources and Legal Departments to train our teams on your specific HIPAA governance and to ensure that the requisite documentation and controls are in place through PHI based risk assessment.

Information We Collect

Generally, you can browse through our Website(s) without providing us with any personally identifiable information about yourself. However, as you navigate through our Website(s) and/or use our Services, certain anonymous information may be passively

collected (that is, gathered without your actively providing the information) using various

technologies, such as cookies, unique IDs, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). Your internet browser automatically transmits some of this anonymous information, such as the URL of the website you just came from and the Internet Protocol (IP) address and the browser version your computer or mobile device is currently using; the date and time you access the Website and the pages that you access while at the Website. This information is used by us for internal business purposes, to analyze trends and to improve upon our Website, products and Services. Other anonymous information may be collected from your computer or mobile device through tracking technologies that we employ on our Websites such as cookies, unique IDs and internet tags or web beacons. You may set your browser to notify you when a tracking cookie is sent or to refuse cookies altogether, but please be aware that certain features of our Website(s) may not work without cookies enabled.

ACA TRACK also collects and uses the personal information that you proactively provide to

us when you: • Register an account with us to use any of our Services; • Enter any employment

and/or coverage data on our website(s); • Respond to any ACA TRACK templates, emails, questionnaires or similar online forms; or • Contact us to request information or otherwise correspond with us.

We may also receive personal information from our business partners and vendors and, so long as it has been collected in accordance with applicable laws and acceptable privacy practices consistent with this Policy, we may aggregate such information with the information we collect from you ourselves to help us form a more complete user profile for you. We may record the IP address of users accessing the system for the enhancement of performance and security.

How We Use It

ACA TRACK uses the information we collect for our own general business purposes, which may include:

to share employment and coverage data with the IRS as authorized under applicable laws;
in response to an IRS audit, we may be required by law to share actual user login and usage activity;
to fulfill or meet the reason for which the information is provided;
to provide you with information, products or services that you request from us;
to provide you with email alerts and notices about our products or services;
to facilitate security measures;
to carry out our obligations and rights arising from any contracts entered into between you and us, including for billing and collections;
to improve our website;
for testing, research, analysis and product development;
as necessary or appropriate to protect the rights, property or safety of us, our customers or others;
to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

Information Disclosure

ACA TRACK may transfer your personal information or otherwise disclose information collected from and about you for the following purposes:

conform to the edicts of law or comply with legal process served on ACA TRACK or the site;
protect or defend the rights or property of ACA TRACK;
act in urgent circumstances to protect the personal safety, property, or privacy of ACA

TRACK’s employees, users of ACA TRACK’s products or service, or members of the public;

effect a transaction, restructuring or proceeding that transfers to a third party the assets or line of business to which the information pertains;
to our service providers, suppliers and business associates, if the disclosure will enable them to fulfill or perform your request for products or services on our site;
to other companies, credit bureaus or government agencies in connection with issues related to fraud, credit or debt collection;
as necessary if we believe that there has been a violation of our site Terms and Conditions, of the law or of our rights or the rights of any third party.

In addition, we may share non-identifiable aggregate information about our users (for example, the proportion of male and female users) with advertisers, business partners, and other third parties in an effort to customize or enhance the content and advertising on our Website for our users. We may engage third party consultants to review and analyze system information, including user and client data solely for the purpose of security and performance enhancements. We may export user information to other ACA TRACK platforms for purposes of communicating training or services, but in no event shall it include the unlawful transfer of Confidential Information. Our system may, from time to time, interact with ShareFile as part of the exchange of data and user information between the client and ACA TRACK.

Any personal information or content that you voluntarily upload or submit for public posting to the site (for example, comments) becomes publicly available and can be collected and used by others. You may not post any content that requests personally identifiable information.

When you are on our website and are asked for personal information, you are sharing that information with ACA TRACK, our subsidiaries and related companies, and our service providers. We share your information as described in “Reasons we share information”, above.

Data Storage

We will retain your personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will also keep your personal data for as long as your account is active or as needed to provide you services and to maintain a record of your transactions, unless otherwise specified by applicable data retention laws. We retain archived copies of your information as required by law or for legitimate business purposes. ACA Track has a Data Retention policy that enumerates the time and process for retention, archival and destruction of data.

Third-Party Sites

Our Websites may contain links to websites operated by third-parties. Some of these thirdparty sites may be co-branded with an ACA TRACK logo even though they are not operated or maintained by ACA TRACK. Although we choose our business partners carefully, ACA TRACK is not responsible for the privacy practices of websites operated by third parties that are linked to our Websites. Once you have left our Websites, you should check the applicable privacy policy of the third-party website to determine how they will handle any information they collect from you.

Tracking & Cookies

Please see our Cookie Policy.

Modifying or Deleting Your Personal Information

You can request to access, update, correct, and delete your information you provided to us by sending us an email at legal@ACATRACK.net. Keeping your personal data current helps ensure that we can respect your preferences. When you make a request, we may require certain documentation in order to be able to verify your identity before we are able process your request. Your cooperation is necessary to exercise your rights under this Privacy Notice.

Data Security

Your personal information is protected for your privacy and security. ACA TRACK safeguards the security and confidentiality of the data you send us with physical, technical, and managerial procedures. Please be aware that, despite our best efforts, we cannot guarantee the absolute security of your data submitted through websites or similar communications.

ACA Track encourages individuals to take every precaution to protect personal data. Individuals should utilize current best practices change passwords, implementation complex passwords, multifactor authentication features, software updates, anti-virus, using a secure browser and similar efforts.

Changes to this Policy

ACA TRACK may amend this policy from time to time. If we make any substantial changes in the way, we use your personal information we will make that information available by posting a notice on this site.

Children’s Policy

Our website is a general audience site that does not target and is not intended for children under the age of 13. ACA TRACK does not knowingly solicit children under the age of 13. ACA Track services require the collection and processing of data which may, at times, include dependent information which may pertain to individuals under the age of 13.

California Do Not Track Disclosures

“Do Not Track” is a privacy preference that users can set in their web browsers. When a user turns on a Do Not Track signal in their browser, the browser sends a message to websites requesting that they do not track the user. For information about Do Not Track, please visit www.allaboutdnt.org. We have disclosed our collection practices herein, but at this time, we do not honor do-not track signals. Some of the third parties that we work with may honor such requests.

We will need to check with the web developers about this particular part of the policy. I am almost certain that we do not accept this type of signal.

Contact Information

ACA TRACK welcomes your comments regarding this privacy statement and our privacy practices. If you have reason to believe that ACA TRACK has not adhered to this privacy statement, please contact us electronically at support@ACATRACK.net or at the address provided below:

ACA TRACK, LLC Attention: General Counsel

995 North Pontiac Trail

P.O. Box 1285

Walled Lake, Michigan 48390

State Reporting Service

ACA TRACK State Reporting Services

Employer State Reporting Overview

Our Use of Cookies and Tracking Technologies

Declining Cookies

Web Browsers

Changes to this Policy

Contact Information

ACA TRACK, LLC Terms of Use

Copyright

Limitations and Disclaimers

Suspension & Termination

Applicable Law

Security and Privacy Policy

Limitation of Liability and Indemnification

No Other Relationship

ACA TRACK Technology and Security

C-I-A/Security

Data Privacy

HIPAA

Information We Collect

How We Use It

Information Disclosure

Data Storage

Modifying or Deleting Your Personal Information

Data Security

Changes to this Policy

Children’s Policy

California Do Not Track Disclosures

Contact Information