Product Privacy Statement

Vertafore, Inc. ("Vertafore" or "we") respects your privacy and is committed to protecting it through our compliance with this statement. This Privacy Statement (“Statement”) describes the types of Personal Information, as defined below, we may collect from you or that you may provide when you use Vertafore products and services, whether through a computer or on a mobile application (the "Vertafore Solution(s) "). This Statement is intended to be read by and pertains to processing of Personal Information provided by Vertafore’s customers and users of the Vertafore Solution(s) acting on behalf of their clients (“you” or “your”). 

This Statement is also a notice to California residents, to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.  Under such regulation, Vertafore is at all times acting in its capacity as a Service Provider – processing information on behalf of its customers in a business to business setting. 

Please read this Statement carefully to understand our policies and practices regarding your Personal Information and how we will treat it. When you use the Vertafore Solution(s), you consent to our collection, use and disclosure of information about individuals as described below.    

If you are providing Personal Information about third parties (i.e. your clients, producers, end-insured’s, etc.), within the Vertafore Solution(s), it is your responsibility to ensure that such individuals are 1) on notice of this sharing of Personal Information with Vertafore, 2) the location of and details contained in this Statement, and 3) that such individuals have consented or otherwise authorized you to provide such Personal Information to Vertafore for processing through the use of the Vertafore Solution(s).

If you do not agree with our policies and practices, your choice is not to use the Vertafore Solution(s). This Statement may change from time to time. Your continued use of the Vertafore Solution(s) after we make changes is deemed to be acceptance of those changes, so please check the Statement periodically for updates.

COLLECTION

1. This statement applies to Personal Information we collect:

• In the Vertafore Solution(s) whether on a computer or a mobile application;
• In email, text, and other electronic messages between you and Vertafore related to the Vertafore Solution(s); and
• Through desktop or mobile applications you download from the Vertafore Solution(s), which provide dedicated non-browser-based interaction between you and the Vertafore Solution(s);

and

• where such collected information identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or device. (collectively "Personal Information").   

Personal Information has different meanings depending upon which regulation is applicable to it.  Vertafore has taken a comprehensive approach and individuals can also rely on the applicable regulatory definition of personal information when interpreting this Statement.

Personal Information does not include:

• Publicly available information from government records;
• Information received from the business relationship which has been de-identified or aggregated;
  • De-identified information is information that on its own, or together with a subset of data, cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular person. 
• Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any comparable state regulation (as applicable); or
• Personal information covered by the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA), the Driver’s Privacy Protection Acts of 1994, or any comparable state regulations (as applicable)). 

In particular, Vertafore has collected and processed the following categories of Personal Information from its customers’ use of the Vertafore Solution(s) through the methods described above within the last twelve (12) months. 

Category	Examples (not intended to be exhaustive)
Identifiers, including Personal Information listed in customer records statutes.	A real name; alias; signature; postal address; email address; telephone number; unique personal identifier; online identifier; Internet Protocol address; device identifiers; account name; Social Security number; driver's license or other state identification number; passport number; insurance policy number; insurance claim number; financial information, including bank account, credit card numbers, bank routing details; employment, including current and historical; association membership; other device identifiers including the operating system, browser type, network information; or other similar identifiers.
Protected classification characteristics.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, or veteran or military status.
Commercial information.	Records of personal property; products or services purchased, obtained, or considered, including data related to insurance policies; or other purchasing or consuming histories or tendencies.
Usage.	Information on the user’s interaction with the Vertafore Solution(s).
Biometric Data.	Items related appearance including, but not limited to, height, weight, eye color, hair color; NOT including any genetic data or data that could alone be considered Personal Information when not combined with other information (i.e. fingerprint or genetic data).
Geolocation data.	Physical location of users, generally and specifically.
Inferences drawn from other Personal Information.	Profile reflecting an individual’s preferences, characteristics, predispositions, or purchasing behavior.

 

2. Vertafore obtains the categories of Personal Information listed above from the following categories of sources:

• Directly from you – Personal Information that you input into the Vertafore Solution(s).  For example, from i) forms you complete; ii) products and services your clients purchase; or iii) products and services your employees or independent contractors sell.
• Indirectly from you. For example, from observing User actions in the Vertafore Solution(s).
• Records and copies of your correspondence (including email addresses), if you or users contact us in relation to the Vertafore Solution(s).
• Your responses to surveys that we might ask you to complete for research or marketing purposes.
• Details of transactions you carry out through the Vertafore Solution(s) and of the fulfillment of your orders.

3. This Statement does not apply to Personal Information collected by:

• Us offline or through any other means, including on any other website that is not a Vertafore Solution operated by Vertafore or any third party;
• Communication or correspondence with Vertafore not related to your use of the Vertafore Solution(s);
• Any third party collecting information about your device or smartphone usage and activity; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or in the Vertafore Solution(s).

4. Personal Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with the Vertafore Solution(s), we may use automatic data collection technologies to collect certain information about your equipment (including your computer or smartphone), browsing actions, and patterns, including:

• Details of your visits to the Vertafore Solution(s), including traffic data, location data, logs, and other communication data and the resources that you access and use in the Vertafore Solution(s).
• Information about your computer, smartphone and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include Personal Information or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve the Vertafore Solution(s) and to deliver a better and more personalized service.

5. The technologies we use for this automatic data collection may include:

• Cookies (or application cookies). A cookie is a small file placed on the hard drive of your computer or smartphone. You may refuse to accept browser or mobile cookies by activating the appropriate setting on your browser or smartphone. However, if you select this setting you may be unable to access certain parts of the Vertafore Solution(s). Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Vertafore Solution(s).
• Web Beacons. Pages of the Vertafore Solution(s)  and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Vertafore, for example, to count users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

USE OF YOUR PERSONAL INFORMATION

1. How We Use Your Personal Information

We use the Personal Information to provide the Vertafore Solution functionality, fulfill your requests, improve the quality of the Vertafore Solution(s), engage in research and analysis relating to the Vertafore Solution(s), personalize your experience, track usage of the Vertafore Solution(s), market the Vertafore Solution(s), provide customer support, message you, back up our systems, allow for disaster recovery, enhance the security of the Vertafore Solution(s), and comply with legal obligations. Even when we do not retain such Personal Information, it still must be transmitted to our servers initially and stored long enough to process.

We also use Personal Information that we collect about you or that you provide to us, including any Personal Information used to fulfill our contractual obligations to you:

• To present the Vertafore Solution(s) and the contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

• To notify you about changes to the Vertafore Solution(s) or any other products or services we offer or provide though it.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may use or disclose the Personal Information we collect for one or more of the following business purposes:

• To fulfill or meet the reason you provided the Personal Information, including integrated third-party products. For example, if you share your name and contact information to request a price quote or submit a query about other transactions, we will use that Personal Information to respond to your inquiry (automated or otherwise within the Vertafore Solution(s)). If you provide your Personal Information to purchase a product or service, we will use that Personal Information to process your payment and facilitate delivery. We may also save your Personal Information to facilitate orders of additional users or Vertafore Solution(s) or process decomissions.
• To provide, support, personalize, develop, and enhance the Vertafore Solution(s) and the customer experience.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To help maintain the safety, security, and integrity of the Vertafore Solution(s), products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve existing Vertafore Solution(s) or create new Vertafore Solution(s).
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

Vertafore will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

2. Sales of Personal Information

In the preceding twelve (12) months, Vertafore has not sold Personal Information it has processed in the Vertafore Solution(s) to any third party. However, where contractually allowed (by you and any applicable third party), Vertafore has de-identified and aggregated certain information it has received directly from its customers for both internal and commercial use (see below at number (6)). 

3. Sharing Personal Information

 Vertafore may disclose your Personal Information to a third party for a business purpose or when they integrate with the Vertafore Solution(s) through the API. When we disclose Personal Information for a business purpose, such third party has entered a contract with either you or Vertafore that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

If Vertafore is the contracting party, we require these third parties to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.

If you are the contracting party, it is your responsibility to understand the purpose for the transfer and ensure that the third party is managing the Personal Information it receives according to your direction. 

In the previous twelve (12) months, Vertafore may have disclosed each of the above categories of Personal Information for a business purpose.   

4. We may also disclose your Personal Information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply any agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Vertafore, its customers, or others. This includes exchanging Personal Information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

5. Choices About How We Use and Disclose Your Personal Information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your Personal Information:

• Tracking Technologies. You can set your browser or smartphone to refuse all or some browser or application cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Vertafore Solution(s) may then be inaccessible or not function properly.
• Promotional Offers from Vertafore. If you do not wish to have your email address/contact information used by Vertafore to promote our own or third parties' products or services, you can opt-out by unsubscribing within the email sent to you or by sending us an email stating your request to opt-out of marketing communications to marketing@vertafore.com. If we have sent you a promotional email, please use the above 2 methods and do not send us a return email asking to be omitted from future email distributions as the sending email address might not be able to accept incoming email. This opt out does not apply to Personal Information provided to Vertafore as a result of a product purchase, warranty registration, product service experience or other transactions.

6. De-Identified, Aggregated Information

Where contractually allowed (by you and any applicable third party), Vertafore may de-identify and aggregate certain Personal Information inputted by you into the Vertafore Solutions for both internal and commercial purposes (information passed through the Vertafore Solutions to or from third-party integrations which is not converted into field within the Vertafore Solutions (e.g. for email purposes) is not de-identified or aggregated).  Such internal purposes include the improvement or enhancement of existing Vertafore Solution(s) or the creation of entirely new Vertafore Solutions.  Commercial purposes include the aggregation and sale of de-identified information, including for, but not limited to, research or benchmarking purposes.  Where such de-identified and aggregated information is used commercially, Vertafore has implemented technical safeguards and business processes that prohibit re-identification, both internally at Vertafore and for the purchaser after the license or sale is executed. 

Personal Information Rights and Choices

Certain regulations (including the CCPA) provide individuals with specific rights regarding their Personal Information. Vertafore is at all times a Service Provider (as defined in CCPA) or Processor (as defined in the European General Data Protection Regulation) of the Personal Information contained in the Vertafore Solution(s).  As such, Vertafore will not substantively respond to any individual exercising such a right.  If we receive a query regarding the below rights from an individual about which you inputted Personal Information in the Vertafore Solution(s), we will direct that individual back to you as the Vertafore customer who controls the Personal Information. 

This section describes your rights and explains how to exercise those rights.

If you receive a query regarding the below rights from an individual about which you inputted Personal Information in the Vertafore Solution(s), you should be able to respond to that request without additional assistance from Vertafore.  Please limit requests for Vertafore assistance to those that relate to specific third parties with which we have shared the Personal Information or with regards to archive and back-up information, if so affected by the request. 

1. Access to Specific Personal Information and Data Portability Rights

You may access, update, correct or extract any and all Personal Information directly within the Vertafore Solution(s) without the assistance of Vertafore. 

For both Personal Information relating to users and the third parties about which you inputted Personal Information, you have the right to request that Vertafore disclose certain Personal Information to you about our collection and use of the Personal Information over the past twelve (12) months. Once we receive and confirm your verifiable individual request we will disclose to you:

• The categories of Personal Information we collected about you or an individual about which you inputted Personal Information in the Vertafore Solution(s).
• The sources for the Personal Information we collected about you or an individual about which you inputted Personal Information in the Vertafore Solution(s).
• Our business or commercial purpose for collecting that Personal Information.
• The categories of third parties with whom we share that Personal Information.
• The specific pieces of Personal Information we collected about you or an individual about which you inputted Personal Information in the Vertafore Solution(s) (also called a data portability request).

The information contained in this Statement should assist you in responding to any such individual request as it relates to information stored or processed in the Vertafore Solution(s).

2. Deletion Request Rights

You may delete any and all Personal Information you have inputted into the Vertafore Solution(s) without the assistance of Vertafore. 

You have the right to request that Vertafore delete any Personal Information about you or that you have inputted into the Vertafore Solution(s) that was collected and retained, subject to certain exceptions including regulatory data retention requirements. Once we receive and confirm your verifiable individual request, we will delete (and direct our service providers to delete) the Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the Personal Information is necessary for us or our third-party service provider(s) to:

1. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
5. Comply with a legal obligation, including, but not limited to, compliance with applicable state and federal regulations that govern retention of Personal Information.
6. Make other internal and lawful uses of that Personal Information that are compatible with the context in which you provided it.

3. Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable request to us through the Vertafore Solution(s), directly to Customer Support, or through your MyVertafore account. 

Only you may make a verifiable request related to Personal Information that we collected from you or your users through the Vertafore Solution(s). You may make a verifiable request as the individual that the Personal Information is about (the user) or on behalf of an individual whose Personal Information you have provided to us through the use of the Vertafore Solution(s), in such a case you must provide the verification of that individual and it will be limited to your instance of the Vertafore Solution(s).

You may only make a verifiable request for access or data portability twice within a 12-month period per individual. The verifiable request must:

• Provide sufficient information that allows us to reasonably verify you are either i) the person about whom we collected Personal Information or ii) an authorized representative which inputted the Personal Information into the Vertafore Solution(s).
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you or an individual about which you inputted Personal Information in the Vertafore Solution(s).

We consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account.

We will only use Personal Information provided in a verifiable request to verify the requestor's identity or authority to make the request.

4. Response Timing and Format

We endeavor to respond to a verifiable request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days in total), we will inform you of the reason and extension period in writing.

We will deliver our written response to the email address identified on your account with us.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the Personal Information from one entity to another entity without hindrance.

We will charge a fee for professional services to respond to a request that could have been handled without direct Vertafore involvement (meaning by a user of the Vertafore Solutions(s)). If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Such work will be performed at Vertafore’s then-current rates for professional services. 

5. Non-Discrimination

We will not discriminate against you for exercising any Personal Information rights. Unless permitted by applicable regulations, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Data Security

We have implemented measures designed to secure Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your Personal Information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Vertafore Solution(s), you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of Personal Information transmitted to, through, or by the Vertafore Solution(s). Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Vertafore Solution(s).

Children Under the Age of 16

The Vertafore Solution(s) is/are not intended for use by children under sixteen (16) years of age. No user under age sixteen (16) may provide any Personal Information to or in the Vertafore Solution(s). If you are under sixteen (16), do not use or provide any Personal Information on the Vertafore Solution or through any of its features, register on the Vertafore Solution, or provide any Personal Information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that Personal Information. If you believe we might have any Personal Information obtained from a child user under sixteen (16), please contact us through MyVertafore or otherwise through the Vertafore Solution(s).

We understand that you might provide Personal Information in the Vertafore Solution(s) relating to children under sixteen (16), in such a case, those children are afforded all of the rights as outlined herein and verifiable requests to the Personal Information must be made by a person with the legal authority to act on their behalf.

Changes to Our Privacy Statement

Vertafore reserves the right to amend this Statement at our discretion and at any time. When we make changes to this Statement, we will post the updated notice in the Vertafore Solution and update the notice's effective date. Your continued use of the Vertafore Solution(s) following the posting of changes constitutes your acceptance of such changes.

Last Updated and Effective: January 13, 2020