Please click here to download the myDahlia Terms of Use in English.

Our Commitment to Privacy

WellPower (“we,” “us,” “our”) is committed to protecting your privacy. This Internet Privacy Policy and Terms of Use Agreement (“Agreement”) describes the way information about you is collected through our website (https://www.wellpower.org) (“Website”) and how we may use or disclose that information. If you access, visit or use our Website in any way, such as browsing the Website, searching or reading information contained on the Website, or providing us information through the Website, you are a User who agrees to be bound by this Agreement.

Scope of this Agreement

Our Website is made available to the general public for the purpose of providing useful information about WellPower. In keeping with the general informational purpose of our Website, we collect the information described in this Agreement from you as a User of our public Website.

WellPower provides professional and confidential mental health and other health care services to individuals and families who may also be Users, but these services are distinctly separate from our Website and are not governed by this Agreement. Our privacy practices with regard to the health and medical information of the people we serve in a health care capacity are instead described in our Notice of Privacy Practices found at https://www.wellpower.org/wp-content/uploads/2018/02/HIPAA-single-pages-Eng-2-5.pdf

Some services offered by WellPower are made available and/or hyperlinked through our Website, but are not governed by this Agreement. For example:

• If someone clicks the “Crisis Services” button on our Website and then calls or texts the hotline, these communications will not be governed by this Agreement. Instead, these communications are maintained strictly confidential in accordance with our internal policies and applicable laws.
• If someone clicks the “Click here to Login” button of our Website, they are redirected to the myHealthPointe patient portal (https://mhcd.intelichart.com/PatientPortal/account/login?ReturnUrl=%2fPatientPortal) and must log in with a registered account to use this service. Our privacy practices with regard to myHealthPointe are described in our Notice of Privacy Practices found at https://www.wellpower.org/wp-content/uploads/2018/02/HIPAA-single-pages-Eng-2-5.pdf. This Agreement does not apply to myHealthPointe.
• If someone requests medical records and/or pays for medical records through our Website (https://www.wellpower.org/medrecords/), the information they submit will not be governed by this Agreement. Instead, these requests or payments are maintained in accordance with our Notice of Privacy Practices found at https://www.wellpower.org/wp-content/uploads/2018/02/HIPAA-single-pages-Eng-2-5.pdf.
• If someone participates in the MyDahlia rewards program, this Agreement does not apply as MyDahlia has its own privacy policy and terms of use which govern participation.

Types of Information We Collect

WellPower has the ability to collect both personally identifiable and non-personally identifiable information of its Users when they visit our Website (collectively “Your Information”).  Personally identifiable information is information that, either alone or in combination with other information, identifies you.  Non-personally identifiable information is information that does not, on its own, directly identify you, and may be collected automatically from Users when they visit our Website. Your Information may include, but is not limited to, the following:

• Name
• Address
• Email address
• Telephone number
• Internet Protocol (“IP”) address
• Type of browser, device, and operating system you use
• Date and time of your visit
• Pages you visit and time spent
• Depending on your device settings, certain location data
• Service usage data
• Other information collected through technologies used to provide Users with Website services and functionalities (see Use of Technologies on our Website)

WellPower also collects information that you voluntarily provide us through your online interactions. For example, you may provide us with Your Information when:

• Requesting information
• Applying for positions within our organization
• Making payments using your credit card or debit card if you choose to make a donation online
• Signing up to receive communication materials
• Contacting us through our Website’s “Get in Touch” feature
• Interacting with us on social media

You are responsible for ensuring the accuracy of the information you submit. The submission of inaccurate information may impair our ability to respond to you or contact you, as permitted by this Agreement.

Use of Technologies on our Website

Our Website uses various technologies in order to provide you with certain Website services and functionalities. These technologies may include, but are not limited to:

• Cookies: A cookie is a piece of information that your computer or device gives to your browser when you access the Website. Cookies help provide additional functionality to the Website and help us analyze your usage more accurately. Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent. If you disable your cookies setting or refuse to accept a cookie, some parts of the Website may not function properly. We cannot control the use of cookies by third-parties.
• Beacons: A web beacon is an electronic image placed in the code of a web page. We use web beacons to monitor the traffic patterns of Users from one page to another and to improve our Website’s performance.
• IP Addresses: An IP address is a number that is automatically assigned to your device by your Internet provider whenever you are surfing the web. We collect IP addresses for the purposes of system administration, to provide aggregate data about the volume of use of, and number of Users on, the Website and to audit usage. We may use your IP address to help diagnose problems with our server, and to administer and improve the Website. We may also use your IP address to gather broad demographic information, or to determine which domain you are coming from to more accurately gauge our Users’ demographics.
• URLs: URLs are Uniform Resource Locators or addresses of websites on the World Wide Web. Like IP addresses, we use URLs to analyze trends, administer the Website, track Users’ activity, and gather demographic information.
• Google Analytics: Google Analytics is an element of our Website. By using cookies, Google Analytics collects and stores data such as time of visit, pages visited, time spent on each page of the Website, the IP address, and the type of operating system used in the devices used to access the Website. By downloading and using a browser plugin provided by Google (available here: https://tools.google.com/dlpage/gaoptout , you can choose to opt out of Google Analytics.

How We May Use and Disclose Your Information

WellPower may use and disclose Your Information for a variety of purposes, such as to:

• Respond to your application, inquiry, communications and/or form submittal
• Send you email or telephone communications you requested
• Provide you with, and improve our methods for delivering, customer service
• Manage, administer and improve the Website and its related features
• Audit and analyze Website trends, performance and usage
• Troubleshoot Website problems or errors
• Protect our rights and/or property
• For other purposes as described in this Agreement

Interactions with Third Parties

WellPower does not share, sell, or rent any of Your Information that we collect, except with your consent or as described in this Agreement. We may share Your Information with third parties whom we engage to perform services on our behalf, under confidentiality or similar agreements, such as administering and processing payments, hosting our Website, and/or to perform the other tasks for which WellPower may use Your Information under this Agreement.

WellPower may use and disclose Your Information in response to or to cooperate with law enforcement, government requests, subpoenas, court orders, or legal process; to enforce the terms of this Agreement; to establish or exercise our legal rights or defend against legal claims; or to protect the safety or property of WellPower or others. WellPower may also use and disclose Your Information if we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required or permitted by law.

Consent for SMS Communications

• Any information collected as part of SMS consent (phone numbers) will not be shared with third parties or affiliates.

Types of SMS Communications

• Any information collected as part of SMS consent (phone numbers) will not be shared with third parties or affiliates. If you have consented to receive text messages from WellPower, you may receive text messages related to coordination of care and appointment reminders from front office staff or clinical staff.

*Standard Messaging Disclosures

• Message and data rates may apply.
• You can opt-out at any time by texting "STOP."
• For assistance, text "HELP" or visit our Privacy Policy and Terms of Service.

Security of Your Information

WellPower stores Your Information using industry standard, reasonable, and technically feasible physical, technical, and administrative safeguards against foreseeable risks, such as unauthorized access. Please be aware that our Website and data storage are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. WellPower is not responsible for the acts or omissions of any third parties.

No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of WellPower to intercept or access transmissions or private communications containing Your Information unlawfully. While we strive to protect Your Information, we cannot ensure or warrant the security of Your Information transmitted through our Website. Any such transmission is done at your own risk.

Members Under 14 Years of Age

WellPower does not knowingly collect or use any information from children under the age of 14. By accessing or using our Website, you represent that you are not under age 14. We will delete any information we receive from individuals we believe to be under the age of 14.

Hyperlinks to Other Websites

WellPower may offer direct links to other websites that are independent of us. Other websites may not follow the same privacy guidelines as us. We are not responsible for and have no control over the content, acts, or privacy policies of these third party websites. A link to a website does not constitute an endorsement of that website or the entity that controls the website.  Check their privacy policies and terms of use.

User Activity

As a User, you agree to use the Website only for lawful purposes and to follow all applicable laws and regulations of the United States and any state in which you reside that are in effect and that may be in effect in the future while using the Website. While using the Website, you will not:

• Violate any laws, regulations, third party rights, including intellectual property rights, or our policies
• Transmit any virus or pornographic, offensive, profane, insulting or harassing material or messages
• Use any portion of the Website to gain unauthorized access to any other systems or programs, transmit any material in violation of applicable laws, or copy or download any commercial software or other materials in violation of United States copyright laws
• Commit any vandalism, including but not limited to damaging computers, computer systems, or networks, and/or disrupting the operation of our Website or network
• Be libelous, profane, defamatory, obscene, harmful, harassing, threatening, misleading, or discriminatory;
• Take any action to circumvent, compromise or defeat any security measures implemented on the Website, including to gain unauthorized access to any of the Website, Your Information or other computers, websites or pages, connected or linked to the Website or use the Website in any manner which violates or is inconsistent with this Agreement
• Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website or the rights or use and enjoyment of the Website by any other person, firm or enterprise
• Delete, hack, or attempt to change or alter any content or notices
• Take any other action that interferes with any use of the Website;
• Use any automatic or manual device or process to harvest or compile any information for any reason
• Use any content made available through the Website in any manner that misappropriates any trade secret or infringes any intellectual property rights, rights of publicity, or other proprietary right of any party
• Collect, store or use Your Information about Users, or otherwise attempt to access it

Website Revisions

WellPower will attempt to keep the information on our Website current and accurate, but makes no guarantees and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose. Information may be updated at any time and without notice to you. We may also make improvements or changes to our Website at any time without notice to you. We encourage you to read this Agreement periodically to see if there have been any changes to our policies that may affect you. Each time you access, use, and/or browse our Website, you signify your acceptance of this Agreement, including our collection, use, and disclosure of information as described in this Agreement.

Disclaimers and Limitation of Liability

This Website is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied. To the fullest extent permitted by law, WellPower expressly disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Your use of our Website is at your sole risk. We are not responsible for any errors, omissions, or incorrect information posted on our Website, or results of your use of the information in terms of correctness, accuracy, reliability, or otherwise.

Indemnification

You understand and agree that you are personally responsible for your behavior in connection with your use of our Website. You agree to indemnify, defend, and hold WellPower and its officers, stakeholders, directors, employees, affiliates, agents, contractors, representatives, successors and assigns harmless from any loss, liability, claims, demands, damages or costs (including, but not limited to direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys' fees, made by any third party, due to or arising out of:  (i) your use or misuse of the Website, including without limitation, any false or fraudulent transaction; (ii) any violation or breach of this Agreement; or (iii) any violation of any of the rights of any other third party.

Copyrights and Trademarks

All content and materials on our Website (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) is the property of WellPower and/or its third-party licensors and is protected by United States and international copyright laws. All trademarks, trade dress, service marks, and trade names are proprietary to WellPower. The content and materials are intended for your personal, noncommercial use. You may make one copy of the materials displayed on our Website for your personal, noncommercial use only. No right, title or interest in any content or materials is transferred to you as a result of any such copying. You may not reproduce, republish, upload, post, transmit, modify, create derivative works from, sell or distribute in any way the content and materials on our Website.

Do Not Track

At the current time, the Website is not programmed to recognize Do Not Track signals, so the Website will not treat you differently if we receive such signals from your browser.

Governing Law

The laws of the State of Colorado will govern this Agreement, without giving effect to any principles of conflicts of laws. To the extent the parties are permitted under this Agreement to initiate litigation in a court, you agree that any action arising out of this Agreement or your use of our Website shall be brought in state or federal court in Denver, Colorado, and you consent to the jurisdiction of such courts.

Changes to This Agreement

This Agreement may be revised from time to time as we add new features and services and as laws change.  We will indicate the effective date of any revised Agreement at the bottom of this page for you to know when there has been a change. Changes apply to the information collected from the date we post the revision, as well as to information we already hold. Your continued use of our Website following the posting of changes to these terms will mean you accept those changes. Please check this Agreement periodically to learn of any changes.

Contacting Us

Should you have any questions or concerns about this Agreement or Your Information, please call us at 303-504-6500 or send an email to website@wellpower.org.

Last Updated:  [5/15/2018]