Last revised: March 11, 2020
- any other services, transactions, engagements, or other interactions you have with us (all of which are collectively referred to as the “Services”).
1. INSURANCE DISCLAIMER
We are not an insurance company or an insurance agent. We help connect individuals and businesses with companies that may be able to provide insurance products. We do not charge individuals or businesses to submit inquiries regarding obtaining insurance through our Site/Services, instead, we receive a payment from the companies with whom we connect potential buyers such as insurance agents, insurers, and third-party insurance service websites (such websites and their operators referred to herein as “Insurance Services”).
3. INFORMATION WE COLLECT
a. Personal Information
We collect information that personally identifies, relates to, describes, or is capable of being associated with you (“Personal Information”), including:
Personal Identifiers (e.g., name, date of birth, social security number, driver’s license number, IP address, login username & password)
Characteristics of Protected Classifications (e.g., gender, sex, marital status, sexual orientation)
Contact Information (e.g., mailing address, email address, phone number, fax number)
Commercial Information (e.g., motor vehicles owned/leased, use of motor vehicles, residence information, insurance claim history, desired insurance products)
Financial Account Information (e.g., credit card number, checking account number)
Consumer Reports (e.g., criminal and driving history reports, credit reports)
Internet or Other Electronic Network Activity (e.g., browsing history, search history, other information regarding your use of our Site/Services that can be associated with you)
Professional or Employment-Related Information (e.g., occupation)
Education Information (e.g., highest level of education obtained)
Health Information (e.g., tobacco use, medical history)
Inferences drawn from the above categories of Personal Information that relate to your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
The types of Personal Information we collect about you may vary based on how you use the Site and/or Services and your role in the insurance marketplace (e.g., consumer, agent, insurer).
b. Consumer Report Notice
In some cases, insurance agents, insurers, and Insurance Services may need to obtain additional background information about you. For example, consumer reports (including credit reports) may be ordered in connection with your insurance application. These reports provide information that may assist in determining your eligibility for insurance and the price you may be charged. Consumer reports may also be used for updates, renewals, or extensions of insurance. Insurance companies may also obtain and use a credit-based insurance score based on information contained in your consumer report. Insurance agents, insurers, and Insurance Services may use a third-party service provider in connection with the development of your insurance score and rate quote. By providing information to us for use in obtaining an insurance quote, you give your express consent for insurance agents, Insurers, Insurance Services, and associated third-party service providers with whom we share your Personal Information to obtain and use a consumer report as described in this paragraph.
c. Usage Data
We automatically collect information in connection with the actions you take on the Site and in connection with using the Services (“Usage Data”). For example, each time you use the Site, we use a log file to automatically collect your IP address, the type of web browser you use, the type of device you use, your device’s operating system, your Internet Service Provider, the pages you view, referring and exit pages, the date and time of your visit, and the number of clicks to, from, and within the Site. We use this information to improve the performance and functionality of our Site and Services, and to better understand how individuals interact with our Site and Services. If this information is capable of being associated with you, directly or indirectly, we treat it as Personal Information. If this information is not capable of being individually associated with you, we treat it as Usage Data.
d. Call Recording
We and/or our Service Providers (as defined below), may record all calls and retain the content of all text messages or other written/electronic communications between you and us and/or our Service Provider. By communicating with us, you consent to such recording and retention of communications.
4. HOW WE COLLECT INFORMATION
a. Voluntary Disclosure
We may ask you to provide us with Personal Information when you register with the Site/Services, submit an inquiry form, complete a survey, communicate with us (online or offline), sign-up for a newsletter, and at other times. You are not required to provide us your Personal Information; however, if you choose not to provide the requested information, you may not be able to use some or all of the features of the Site or Services or we may not be able to fulfill your requested interaction.
b. Third-Party Data Sources
We collect Personal Information from third-party data sources such as insurance agents, insurers, Insurance Services, consumer reporting companies, and data brokerage companies. This Personal Information may be appended to Personal Information we have already collected from or about you.
We use the following types of cookies:
Session Cookies: Session cookies keep track of you or your information as you move from page to page within the Site and are typically deleted once you close your browser.
Persistent Cookies: Persistent cookies reside on your system and allow us to customize your experience if you leave and later return to the Site/Services. For example, persistent cookies may allow us to remember your preferences.
Advertising Cookies: Advertising cookies are used to learn more about you and advertise products/services that might interest you.
d. Online Behavioral Advertising
e. Information from Advertisements and Insurance Services
If you arrive at the Site via an advertisement (e.g., banner ad) or an Insurance Service, we may collect information regarding the advertisement or Insurance Service with which you interacted and your interactions (e.g., item clicked, date and time)
f. Tracking Pixels and Clear GIFs
We employ software technology that enables us to track certain aspects of a user's visit to the Site. This technology helps us better manage content on the Site by informing us what content is effective, how consumers engage with the Site, and how consumers arrive at and/or depart from the Site. The software typically uses two methods to track user activity: (1) "tracking pixels" and (2) "clear gifs." Tracking pixels are pieces of executable code that are embedded in a web page that track usage activity including which pages are viewed, when they are viewed, and how long the pages are viewed. Clear gifs are tiny graphics with unique identifiers which are embedded in web pages and email messages that track whether or not a user has viewed a particular web page or email message. User activity information may be associated with additional information about a user's session, such as IP addresses and the type of browser used, and Personal Information, if provided by the user.
g. Google Analytics Advertising Features
We utilize certain Google Analytics tools to improve the Site experience for our users, but also to aggregate the characteristics and browsing habits of our users, on an anonymized basis, to provide products and services that are more tailored to our users.
h. Social Media Widgets
The Site may include social media features, such as the Facebook, YouTube, LinkedIn, and Twitter widgets. These features may collect information about your IP address and the pages you visit on our Site as well as other Personal Information. A cookie may be set to ensure that a feature properly functions. Your interactions with social media features are governed by the privacy policies of the companies that provide them.
5. HOW WE USE AND SHARE INFORMATION
We use Personal Information for internal purposes, such as to
Provide you with the Site and Services;
Process or complete transactions you requested;
Improve the Site and Services, including customization and personalization;
Notify you of our or third-party products and services via mail, email, telephone, and/or text messaging;
Market our or third-party products and services to you;
Communicate with you about the Site, the Services, and other matters via mail, email, telephone and/or text messaging;
Perform marketing and non-marketing analytics;
Operate information security and anti-fraud programs;
Perform day-to-day business operations such as accounting, bookkeeping, and legal compliance;
Respond to governmental and other legal requests; and Compile information and analyses to enhance the customer experience and improve our business.
If you provide a testimonial, we may post it publicly on the Site or in other advertising material. By providing a testimonial, you give us permission to use it in any manner and for any purpose, including in marketing and advertising communications, without compensation to you.
c. Service Providers
From time to time, we may establish a relationship with other businesses that we believe are trustworthy and that we believe have privacy practices consistent with ours that may include corporate affiliates (“Service Providers”). We contract with Service Providers to provide certain services to us, including:
Online hosting and maintenance;
Marketing and promotion design and management;
Collection of accounts;
Management of access to services;
Business analytics (marketing and non-marketing);
IT and network administration such as data storage and management, website hosting, and data security;
Professional services as legal and accounting;
Identity and contact information validation; and Day-to-day business operations such as courier services, facilities management, and document destruction vendors.
We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider is expected to use reasonable security measures appropriate to the nature of the information involved to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us. We share the following types of Personal Information with one or more Service Providers: personal identifiers; characteristics of protected classification; contact information; commercial information; financial account information; consumer reports; internet or other electronic network activity; professional or employment-related information; education information; health information; and inferences drawn from the above categories of Personal Information that relate to your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
d. Third-Party Selling
We sell your Personal Information to third-party companies who want to market products or services likely to be of interest to you, or to provide you with special offers and opportunities because of your relationship with us. For example, we may sell your Personal Information to insurance agents who may be able to provide the type of insurance you are interested in obtaining or Insurance Services that may obtain and present additional insurance options. In the past twelve months we have sold the following types of Personal Information with one or more third-party companies for their marketing purposes: personal identifiers; characteristics of protected classification; contact information; commercial information; financial account information; consumer reports; internet or other electronic network activity; professional or employment-related information; education information; health information; and inferences drawn from the above categories of Personal Information that relate to your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
e. Email Marketing
We may use your Personal Information to market products or services likely to be of interest to you, or to provide you with special offers and opportunities, via email. With respect to commercial email communications from us, you may opt out of these emails via a link in the footer of all commercial email messages.
We recognize the importance of safeguarding the confidentiality of your Personal Information. Accordingly, we employ commercially reasonable administrative, technical, and physical safeguards to protect your Personal Information from unauthorized access, disclosure, and use. Even with these safeguards, no data transmission over the Internet or other network can be guaranteed 100% secure. As a result, while we strive to protect information transmitted on or through our Site and Services we cannot, and do not, guarantee the security of any information you or we transmit on our Site or using our Services, or that you or we transmit over any other electronic network and you accept any associated risk.
7. BLOGS & FORUMS
Our Site and/or Services may contain features such as blogs, forums, message boards, or other public-facing message systems. If you use one of these features, your comments, including any Personal Information you share, will be viewable to other users and the public. You use such features at your own risk. We are not responsible for the Personal Information you share using such features or any consequences that result therefrom.
We reserve the right, but are under no obligation, to remove any comments from such features that we believe, in our sole discretion, constitute defamation, libel, slander, obscenity, pornography, profanity, hate speech, discrimination, or otherwise offend other users or our brand.
8. OTHER WEBSITES
Please be aware that third-party websites accessible through the Site or Services may have their own privacy and data collection policies and practices. We are not responsible for any actions, content of websites, or privacy policies of such third parties. You should check the applicable privacy policies of those third parties when providing information through linked websites.
9. COMPLIANCE WITH LAWS AND LAW ENFORCEMENT
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information, Usage Data, and any other information about you to government or law enforcement officials or private parties if, in our sole discretion, we believe it is necessary or appropriate to respond to legal requests (including court orders, investigative demands, and subpoenas), to protect the safety, property, or rights of ourself, users, or any other third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with law.
10. OTHER TRANSFERS
We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with us. If we are merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction.
11. HOW LONG WE RETAIN YOUR DATA
We retain your Personal Information for as long as we have a relationship with you. We also retain your Personal Information for a period of time after our relationship with you has ended where there is an ongoing business need to retain it. This includes retention to comply with our legal, regulatory, tax, and/or accounting obligations. Generally, we retain Personal Information for approximately three (3) years after our relationship with you has ended, but the term for which we retain your Personal Information may be longer or shorter. We do so in accordance with our data retention policies and applicable law.
12. CHILDREN’S PRIVACY
The Site is not intended for children under the age of 18 and we do not knowingly collect Personal Information from children under the age of 18. If we become aware that we have inadvertently received Personal Information from a child under the age of 18, we will delete such information from our records.
13. CONTACT US
SmartFinancial.com Attn: Privacy Dept. 1901 Newport Blvd, Suite 300 Costa Mesa, CA 92627
14. ADDITIONAL CALIFORNIA CONSUMER RIGHTS
If you are a resident of California, you have additional rights to access and control your Personal Information under the California Consumer Privacy Act (“CCPA”).
a. Right to Know
You have the right to request that we provide you (i) the categories and/or specific pieces of Personal Information we collected about you; (ii) the categories of sources from which your Personal Information was collected; (iii) the business or commercial purpose for which we collected your Personal Information; and (iv) the categories of third parties with whom we shared your Personal Information. If we sold or disclosed your Personal Information to third parties, you also have the right to request that we provide you (i) the categories of Personal Information we collected about you; (ii) the categories of your Personal Information we sold to third parties; (iii) the categories of third parties to whom we sold your Personal Information; and (iv) the categories of your Personal Information we disclosed to third parties.
Please note that we are not permitted to provide access to specific pieces of Personal Information if the Personal Information is sensitive or creates a high risk of potential harm from disclosure to an unauthorized person such as financial account information, health information, social security numbers, or driver’s license numbers. If we withhold specific personal information because of its sensitivity or risk, we will inform you.
b. Right to Deletion
You have the right to request that we delete any Personal Information we have collected about you. Please understand that we are not required to honor a deletion request if we need the information to complete a requested or reasonably anticipated transaction, prevent security incidents or fraud, enable internal uses that are reasonably aligned with your expectations, comply with legal obligations, or perform other functions permitted by law.
c. Exercising your Rights to Know and Deletion
You may exercise your Rights to Know and Deletion by calling us at 855-214-2291 or completing the form on our CCPA Request Page. Please be specific in your request and provide sufficient information to allow us to locate your Personal Information in our systems based on your request. We will retain a record of your request, including a deletion request, in accordance with law. Additional information about our timeframe for response and identity verification is available on our CCPA Request Page.
d. Right to Opt Out
You have the right to direct us not to sell your Personal Information to third parties. You may exercise your Right to Opt Out by calling us at 855-214-2291 or completing the form on our CCPA Request Page. Please provide sufficient information to allow us to locate your Personal Information in our systems.
e. Non-Discrimination Notice
f. California “Do Not Track” Disclosure
Do Not Track is a web browser privacy preference that causes the web browser to broadcast a signal to websites requesting that a user’s activity not be tracked. At this time, our Site and Services do not respond to “do not track” signals.
g. California Site Ownership Disclosure
Under California Civil Code Section 1789.3, California residents are entitled to the following information: The provider of the Site is Contactability.com LLC, DBA SmartFinancial 1901 Newport Blvd, Suite 300, Costa Mesa, CA 92627. To file a complaint regarding the Site or to receive further information about the Site, please contact us. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.