UNITE HERE HEALTH WEBSITE AND MEMBER PORTAL APPLICATION TERMS AND PRIVACY STATEMENT

GENERAL

By accessing the UNITE HERE HEALTH (UHH), (a/k/a Culinary Health Fund), or a UHH subsidiary website (Website) and member portal application (Member App), you acknowledge that you have read, understood, and agree to be bound by these terms of use and privacy statement (these "Terms"). If you do not agree to these Terms, do not use the Website or Member App.

The purpose of the Website is to provide information about UHH, its plans, health centers, and the benefits and other services provided by UHH and to facilitate the provision of and payment for such benefits and services through its member, employer, and provider portals. The Member App is intended to provide members 24/7 access to view their health benefits, including eligibility, claim status, and ID cards.

The information contained on the Website and Member App does not amend, modify, or affect the official plan documents (the "Plan Documents") in any way. In addition, neither you nor any beneficiary/dependent, employer or provider shall obtain any rights because of any statements on, or omission from, the Website or Member App. Without limiting the foregoing, your benefits and those of your dependents/beneficiaries are subject to the requirements and conditions of the applicable Plan Documents, and you or your dependents/beneficiaries are not entitled to benefits solely upon becoming eligible under the applicable plan. The UHH Board of Trustees shall have full discretion and authority to determine questions concerning the interpretation or administration of UHH and its Plan Documents including, without limitation, all questions relating to eligibility for benefits and the determination of such Board of Trustees shall be conclusive and binding as to all persons and for all purposes. You are encouraged to contact UHH Member Services for information about your personal eligibility and benefits.

The Website and Member App are not intended to provide any medical, legal, tax, financial planning, or any other form of professional advice. UHH encourages you to make appropriate use of your own medical, legal, tax, and financial planning professionals in making wise decisions regarding the use of your benefit programs.

ACCOUNT REGISTRATION

If you register for a member, employer, or provider portal account on the Website or Member App (your "Account"), you agree to provide UHH with current, accurate, and complete information. When applicable, you may be asked to provide your name, date of birth, Social Security number, home and cell phone numbers, physical and email addresses. You also agree to provide UHH with current, accurate and complete information when using the features in your Account.

Depending on your digital communication preferences, UHH may send you emails or text messages about your Account and the benefits provided to you and your dependents. For example, you may receive an email or text message about changes to your benefits or activity on your Account (ex. password reset or self-payment). If you want to get notices about activity on your Account and other information, do not opt out of email or text messages.

You’re responsible for updating your contact information – don’t miss out on messages from UHH – check your email and text messages regularly and update your Account if your email address or cell phone number changes.

SECURITY

The Website and Member App is encrypted and has security measures in place that help protect against the loss, misuse, or unauthorized access of information under UHH control during transmission and once the information is received. Despite these measures, the privacy of any communication or material transmitted to or from us via the Website or Member App by internet, text message, or email cannot be guaranteed.

You are responsible for keeping the privacy and security of your password, login information, and security questions and answers. To help keep your account secure, UHH recommends that you: (1) use a strong password, security questions, and security answers (2) change your password often (3) do not write down your password, login information, or security questions or answers (4) do not share your password, login information, or security questions and answers with any family member, friend, colleague, or third party.

By using the Website and/or Member App, you are authorizing UHH to act on instructions received under your password (including making payments on your behalf). If you suspect another person wrongly gained access to your online password or account, or if you believe there is fraudulent activity on your Account, contact UHH Member Services immediately. Visit www.uhh.org/contact to find your plan phone number. UHH is not responsible for errors or negligent or improper use of the Website and/or Member App by users, and UHH will not cover losses due to, among other things:

(i) input errors or misuse of the Website and/or Member App;

(ii) negligent handling or sharing of passwords leading to unauthorized access to accounts, or unauthorized or fraudulent account activity;

(iii) failure in transmission of data;

(iv) leaving a computer unattended during an online session;

(v) failure to update the information in your Account;

(vi) failure to report incidents of unauthorized account access; or

(vii) your disclosure of your password and/or login information to a family member, friend, colleague or third party.

PRIVACY STATEMENT

UHH is committed to protecting your privacy when you access the Website or Member App. UHH may use and disclose information from the Website or Member App as stated in this Privacy Statement. UHH may also use and disclose your "protected health information," as such term is defined by the Health Insurance Portability and Accountability Act of 1996 and the regulations issued thereunder ("HIPAA"), in accordance with its HIPAA Notice of Privacy Practices. By accessing and using the Website and Member App, you consent to the collection, use and disclosure of the following information:

INFORMATION UHH MAY COLLECT, USE AND DISCLOSE FROM THE WEBSITE OR MEMBER APP

Usage Data

UHH may collect information that your browser sends whenever you visit the Website and/or Member App (“Usage Data”). This Usage Data may include information such as the time and date of your visit, the page(s) visited, time spent on the page(s), the Internet Protocol ("IP") address of your computer or mobile device, the operating system being used, the browser type being used, your preferred language, and other data.

UHH uses this data to track the type of information users access; evaluate activity; troubleshoot problems with the Website or Member App, enhance the user experience, assist with customer service, and engage in certain communications activities. UHH does not share this information with any third-parties.

Cookies

UHH uses cookies to collect information. Cookies are files with a small amount of data, which may include an anonymous unique identifier, that are used to identify your computer/device as you use a network. These cookies are used to save a page status, such as loading a previously selected drop down menu choice. You may instruct your browser to refuse cookies or to indicate when a cookie is being sent.

DATA RETENTION

UHH will retain your information for as long as your account is active or as needed to provide you services. UHH will retain and use your information for as long as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

DISCLAIMERS

In the event of a difference or conflict between information on the Website, Member App, and the Plan Document/Summary Plan Description for your benefits plan, the applicable Summary Plan Descriptions and/or the applicable Plan Documents, the applicable Plan Documents will control. If there are differences between the Spanish and English versions of the Website and/or Member App, the English version will control.

UHH provides its Website and/or Member App as a service to its users. While the Website and Member App and the functions and information contained therein are periodically maintained and updated, UHH does not make any warranty or guarantee that: (a) the Website and Member App and such functions and information will be uninterrupted, correct, complete, up-to-date, or error-free; (b) defects in or on the Website and/or Member App will be timely corrected; or (c) the Website and/or Member App or the server(s) that make the Website and/or Member App available is free of viruses or other harmful components.

Links on the Website or in the Member App to third-party websites and internet resources are provided solely as a convenience. If you use these links, you will leave the Website and/or Member App. Linking to such third-party websites does not create any relationship or partnership between the third-party website's operator or sponsor, and UHH. UHH does not review, assess, assist in the preparation of or exert any editorial or other control over any of third-party websites or internet resources, and UHH is not responsible for any such third-party websites or internet resources, or the content, products or privacy practices of such websites or internet resources. UHH encourages you to review the privacy policies of such third-party websites.

Website and Member App content may not be reproduced without the prior written permission of UHH. UHH logos are service marks and/or trademarks and may not be used for any purpose without the prior written permission of UHH. Other trademarks, service marks and/or logos on the Website or Member App are owned or controlled by their respective owners.

REVISIONS TO THESE TERMS

UHH may revise these Terms and the information and features on the Website and Member App at any time, without notice to you, by posting such modifications on the Website. By using the Website and/or Member App following any modification to these Terms, you agree to be bound by such modification to the Terms.

UHH may, in its sole discretion and in addition to any other remedies available to it, suspend or discontinue at any time any information, content or services available on the Website and/or Member App (including, without limitation, your Account), and any functionality or features in or on the Website and/or Member App, including, but not limited to, the stopping of all activities associated with the Website and Member App, with or without notice.