FSA/DCAP Mobile App Privacy Policy

1. Privacy Policy

  1. Thank you for using the San Bernardino County (“SBC”, “We, or “Our”) mobile app. This Privacy Policy describes how SBC, through the Human Resources Employee Benefits and Services, collects, uses, discloses, retains, and protects information when You use the San Bernardino County FSA/DCAP application (the “Application”).
  2. This policy pertains to the authorized user of the account (“You” or “Your”), and applies to the websites and mobile applications (the “Platform”) that You may access after You log into the Platform with Your userID and password.
  3. The Privacy Policy explains how we gather and use the information that we collect from You.

2. The Information SBC Collects and How SBC Uses It

  1. SBC may collect technical and navigational information, such as device type and operating system.
  2. Depending on the features You use, the Application may collect personally identifiable information (“PII”), including but not limited to phone number, photos, and email address.
  3. Some parts of the Platform display personal information about You, such as protected health information (“PHI”), payment information, and purchase history. SBC uses this information to provide services to You, such as account and benefit administration services.
  4. SBC does not disclose, make available, or use any PII for purposes other than the reasons specified at or before the time of collection without Your consent or as authorized by law or regulation.
  5. SBC does not distribute or sell any electronically collected PII to any third party without Your written consent. Electronically collected PII is exempt from requests made under the Public Records Act.
  6. You have the right to access and inspect any information maintained by SBC about You unless law or regulation does not allow that information to be provided.
  7. You have the right to request a correction of any inaccuracies in such records , subject to applicable law and SBC procedures.
  8. Your PII will not be sold to third parties for email marketing or telemarketing campaigns.

3. Disclosure of Information

  1. SBC may disclose to third parties certain aggregate or de-identified information contained in Your registration or other information or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by You or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms of Service, or under any of the other circumstances set forth in this Privacy Policy, as may be amended from time to time. 
  2. Aggregate and/or de-identified information does not constitute Your confidential information or personally identified information and may be used and/or disclosed by SBC without limitation.

4. Trusted Service Providers

  1. SBC may sometimes employ other companies and individuals to perform certain services on Our behalf (“Trusted Service Providers”). Examples of such services include analyzing data, offering features on the Platform, providing system monitoring and maintenance, and providing customer service. These Trusted Service Providers receive access to selected personal information needed to perform their functions and support their products provided through the Platform but are not allowed to use it for other purposes.
  2. In certain circumstances, We may share Your customer information with Trusted Service Providers that need access to Your information to provide operational or other support services.
  3. We also may provide information to regulatory authorities and law enforcement officials in accordance with applicable law or when we otherwise believe in good faith that the law requires it.

5. Use of Cookies

  1. When You access web-based portions of the Platform, SBC or its service providers may use cookies or similar technologies to enhance Your experience in using the Platform, and to support functionality, Your privacy, and security.
  2. Cookies are small pieces of information or text that are issued to Your device when You visit a website and are used to store or track information about Your use of the site.
  3. You may be able to manage cookies through Your browser settings. Disabling cookies may affect the functionality or performance of web-based portions of the Platform.

6. Security

  1. SBC maintains information security and privacy responsibilities for the Platform in accordance with applicable SBC policies and procedures.
  2. SBC uses reasonable administrative, technical, and physical safeguards designed to protect information within its control against unauthorized access, use, disclosure, alteration, or destruction.
  3. While no security measure can guarantee absolute security, We will take reasonable steps to ensure the safety of Your personal information. While SBC takes certain measures designed to protect the confidentiality and security of Your information, due to the nature of mobile apps and the transmission of information through the Internet, We cannot and do not guarantee that all information will remain secure.
  4. Under certain circumstances, it is possible that third parties may be able to intrude upon Our systems, third party communication systems, or take other actions and view Your information.
  5. By using the Platform, You acknowledge that no method of transmission or storage of information can be guaranteed to be completely secure. If You do not wish to submit Your information electronically, do not do so, however in such case You may not be able to make use of the full functionality of the Platform.
  6. You agree that SBC (including its affiliates, vendors, licensors) is not responsible for any consequence of illegal or unauthorized acts by third parties, including but not limited to hacking or similar crimes.

7. Data Retention and Deletion

  1. SBC retains PII for as long as necessary to provide applicable services and as required or permitted by applicable law, regulation, contractual requirements, and records-retention requirements.
  2. You may request deletion of personal information associated with Your account by contacting the Employee Benefits and Services Division at 909-387-5856. Requests may also be submitted directly to WEX through one of the following methods:
    • Email: wexhealthprivacy@wexhealthinc.com
    • Online form: WEX Health Privacy Request Form
    • California residents: 1-833-CALL-WEX (1-833-225-5939. Certain information may be retained when required or permitted for legal, regulatory, security, fraud-prevention, records-management, or other legitimate purposes.
  3. SBC complies with the California Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code), the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (HIPAA), the Health Information Technology for Economic and Clinical Health Act, Public Law 111-005 (HITECH Act), their implementing regulations, and other applicable laws regarding the retention and deletion of Your PII and PHI.

8. Links to Other Websites

  1. The Platform contains links to other websites. SBC is not responsible for the privacy practices or the content of such websites. If You want to know the privacy policies of the other websites, please refer to the organization sponsoring such websites.
  2. The Platform is developed by WEX Health, Inc. for use by SBC’s benefits administrator. To submit an inquiry about privacy, use the contact information provided at the “Contact Us” section below.

9. Contact Us

Should You need further information or have questions about the privacy of PII maintained by SBC, please contact:

Human Resources Employee Benefits and Services Division
175 W 5th St First Floor
San Bernardino, CA 92415
909-387-5787
hrfsadcap@hr.sbcounty.gov