Levion Workforce Management (“Levion,” “we,” or “us”) maintains these Data Terms (these “Terms”) to describe, in general terms, the manner in which data is stored, protected, used, retained, and disposed of in connection with our products, services, websites, and platforms (collectively, the “Services”). These Terms address our data practices and are provided for informational purposes.

1. Scope

These Terms describe how Levion stores, processes, and safeguards data that it maintains in connection with the Services, including data relating to users, clients, healthcare facilities, personnel, and other counterparties (collectively, “Stored Data”). These Terms reflect our standard practices and apply to each engagement except to the extent a separate written agreement signed by an authorized representative of Levion expressly provides otherwise. To the extent permitted by applicable law and by the relevant agreement, these Terms govern in the event of any inconsistency regarding the subject matter they address. These Terms do not themselves modify or expand any rights or obligations under applicable law.

2. Nature of Stored Data; Healthcare Information

Stored Data maintained by Levion in the ordinary course of providing the Services consists of workforce, operational, and business data, including data relating to personnel scheduling, recruitment, employment, payroll inputs, facility operations, and similar workforce management activities. In the course of providing the Services, Levion may receive or maintain data that includes, or could include, Protected Health Information (“PHI”) as that term is defined under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (collectively, “HIPAA”). Levion applies the safeguards described in these Terms to Stored Data regardless of whether it constitutes PHI, and handles any PHI in its possession in accordance with the applicable requirements of HIPAA and the terms of any Business Associate Agreement between Levion and the applicable client, which control with respect to such PHI in the event of any conflict with these Terms. Levion does not act as a Covered Entity under HIPAA.

3. Use of Stored Data

Levion processes and uses Stored Data as reasonably necessary to operate, provide, maintain, secure, support, analyze, evaluate, and improve the Services and to develop and enhance its products, services, and platforms. This use includes performing the analytics and services requested by our clients, maintaining the security and integrity of our systems, meeting our legal and operational requirements, and improving the quality, performance, and features of our offerings. Levion also uses data in de-identified and aggregated form to operate, analyze, and improve its Services; de-identified and aggregated data is not subject to these Terms and may be used and retained by Levion without restriction.

4. Storage Environments

Stored Data is maintained within enterprise-grade cloud infrastructure, database, and data platform environments operated by established third-party providers commonly utilized across regulated industries. Stored Data may reside in production environments, analytics environments, backup and disaster-recovery environments, archival storage, and other technical environments as we determine appropriate for the operation, performance, resilience, and continuity of the Services. We may modify, supplement, migrate, or replace our storage environments and providers at any time, in our discretion, as appropriate to the operation of the Services.

5. Administrative, Physical, and Technical Safeguards

Levion implements and maintains a written information security program that is designed, in light of the nature and scope of our activities and the sensitivity of the Stored Data, to support the confidentiality, integrity, and availability of Stored Data and to protect against reasonably anticipated threats and unauthorized access, alteration, destruction, or disclosure. Our program incorporates administrative, physical, and technical safeguards, which may include, as we consider appropriate: encryption of data in transit and at rest using industry-standard methods; identity, authentication, and access management controls; logical segregation of environments and data; logging, monitoring, and alerting capabilities; vulnerability and patch management processes; secure development practices; personnel security measures, including confidentiality undertakings; and periodic review and testing of controls. Levion determines the specific controls deployed and may modify them from time to time to reflect evolving standards, technologies, and risk.

6. Access Controls

Access to Stored Data is restricted to authorized personnel, contractors, and service providers with a legitimate operational, contractual, or legal need to access such data, and is administered in accordance with the principle of least privilege. Authorized parties are subject to confidentiality obligations and to Levion’s information security policies and procedures. Levion may determine and modify access rights at any time.

7. Third-Party Service Providers

Levion engages third-party service providers, including infrastructure, hosting, database, analytics, and security providers, to support the storage and processing of Stored Data. Such providers are selected by Levion and are subject to commercial terms that include, where appropriate, confidentiality, security, and data-handling commitments. Levion relies, in part, on the security programs, certifications, and attestations maintained by such providers in the operation of the Services. Levion is not responsible for the independent acts or omissions of third-party providers except as expressly set forth in our agreements with the affected parties or as otherwise required by applicable law.

8. Retention

Levion retains Stored Data for such periods as it determines to be appropriate, taking into consideration the purposes for which the data was collected or received, the operational requirements of the Services, applicable legal, regulatory, tax, accounting, and recordkeeping obligations, and the resolution of disputes and enforcement of agreements. Retention periods may vary by data type, source, and use, and may be modified by Levion from time to time. Upon a client’s reasonable written request, Levion will return or delete Stored Data relating to that client in accordance with Section 11 and applicable law, except that this does not apply to de-identified or aggregated data. Nothing in these Terms otherwise obligates Levion to retain any particular item of data for any specified period.

9. Backups and Business Continuity

Levion maintains backup, redundancy, and business continuity and disaster recovery practices that are designed to support the availability, durability, and recoverability of Stored Data and the continuity of the Services. Backup data is protected by safeguards commensurate with those applied to the corresponding primary data and is retained for such periods as Levion determines appropriate.

10. Security Incidents

Levion maintains practices designed to identify, assess, contain, and respond to suspected or confirmed security incidents affecting Stored Data. To the extent notification of any such incident is required under applicable law, Levion will provide such notification in the manner and within the timeframes required by such law. Beyond what applicable law expressly requires, Levion makes no representation, warranty, or commitment regarding the timing, content, scope, or addressees of any notification.

11. Deletion and Disposal

When Stored Data is no longer required to be retained, or upon a client’s request as described in Section 8, Levion takes commercially reasonable steps to delete, destroy, de-identify, or render unrecoverable such data from its active production systems, using methods Levion determines are appropriate for the type, sensitivity, and storage medium of the data, which may include secure deletion, overwriting, or cryptographic erasure. Residual copies of Stored Data may persist for limited periods in routine backup, archival, log, or analytics systems, and will be aged out, overwritten, or otherwise disposed of in the ordinary course of Levion’s operations. This Section does not apply to de-identified or aggregated data.

12. No Warranties; Limitation of Responsibility

The Services and all storage, processing, backup, and recovery of Stored Data are provided on an “as is” and “as available” basis. Levion disclaims, to the maximum extent permitted by law, all representations, warranties, and guarantees, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any guarantee that Stored Data will not be subject to unauthorized access, acquisition, alteration, loss, destruction, or disclosure, or that any system will operate without interruption or error. No security program can eliminate all risk. Levion’s obligations and responsibilities with respect to Stored Data are governed by the agreements between Levion and the relevant counterparties and by applicable law. Nothing in these Terms creates any contractual right, third-party beneficiary right, or other legal right or remedy in favor of any individual or entity, and our practices may be modified at any time as set forth herein.

13. Modifications to these Terms

Levion may amend, modify, supplement, or replace these Terms from time to time, in its discretion, by posting an updated version with a revised effective date. Any such modifications become effective upon posting unless otherwise indicated. Continued access to or use of the Services following any modification constitutes acceptance of the Terms as so modified.

14. Governing Law; Disputes

These Terms and any matters arising out of or relating to them are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict-of-laws principles, except to the extent superseded by applicable federal law. The state and federal courts located in New Jersey will have exclusive jurisdiction and venue over any matter arising out of or relating to these Terms, and each party submits to the personal jurisdiction of those courts and waives any objection to venue there. To the extent permitted by law, each party waives any right to a trial by jury. Any claim arising out of or relating to these Terms must be commenced within one (1) year after the claim arose, except where a longer period is required by applicable law.

15. Contact

Inquiries regarding these Terms may be directed to: Levion Workforce Management, 1970 Swarthmore Avenue, Lakewood, New Jersey. Email: info@levionwfm.com

These Terms are provided for general informational purposes only and do not constitute legal advice or a contractual undertaking.

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