Parker, Smith & Feek, Inc. Privacy Notice for California Residents

Effective Date: January 1, 2020
Last Reviewed on: April 16, 2020

This Privacy Notice for California Residents supplements the information contained in Parker, Smith & Feek Insurance, LLC (“PS&F”)’s legal Disclaimer and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”), whether they provide information to PS&F digitally (via email, chat, or the website) or as hardcopy. We adopt this notice (“Notice”) to comply with the California Consumer Privacy Act of 2018 (the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice.

Where noted in this Notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information“) from some of its requirements.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, and/or could reasonably be linked (directly or indirectly) with a particular consumer or household (“personal information“). Personal information does not include:

• Publicly available information from government records;
• Deidentified or aggregated consumer information; or
• Information excluded from the CCPA’s scope, such as:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the California Confidentiality of Medical Information Act (CMIA), or clinical trial data; and
  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA), the California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Within the last twelve (12) months, we have collected personal information from consumers, as outlined below, across the following categories:

We obtain personal information outlined by category above from the following sources:

• Directly from you. For example, from applications and forms you complete or products and services you purchase.
• Indirectly from you. For example, from observing your actions on our Website.
• From your employer. For example, when your employer wishes to apply for certain types of insurance coverage and provides us with your personal information as required by the application process.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

• To fulfill or meet the reason you provided the information.
  • If you share your name and contact information to request a price quote, or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• 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 evaluate our responses.
• For testing, research, analysis, and product development, including development and improvement of our Website, products, and services.
• To respond to law enforcement requests, court orders, and/or governmental regulations as may be required by applicable law.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.

We will not collect additional categories of personal information, or use the personal information collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter into a contract with that third party. This contract describes the purpose of sharing the personal information and requires the recipient to (1) keep that personal information confidential and (2) not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it, unless you have received explicit notice and an opportunity to opt-out of further sales.

We share your personal information with the following categories of third parties:

• Service providers.
• Insurance companies and underwriters.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, PS&F has disclosed the following categories of personal information for a business purpose:

• Category A: Identifiers.
• Category B: California Customer Records personal information categories.
• Category C: Protected classification characteristics under California or federal law.
• Category I: Professional or employment-related information.
• Category K: Inferences drawn from other personal information.

We disclose your personal information for a business purpose to the following categories of third parties:

• Service providers.
• Insurance companies and underwriters.

Sales of Personal Information

In the preceding twelve (12) months, PS&F has not sold personal information, even when PS&F receives commissions when you purchase insurance coverage through our services. By way of explanation, a “sale” under the CCPA does not include a situation when a consumer “uses or directs” a business to intentionally disclose personal information, or to interact with a third party. Therefore, when you provide your personal information to PS&F for the purpose of asking us to assist you in finding insurance coverage, PS&F does not “sell” that personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

PS&F IS A SERVICE PROVIDER: Note that PS&F acts as a Service Provider, most commonly on behalf of your employer. Accordingly, if you wish to exercise any of your rights under the CCPA and as described below, we recommend that you contact your employer directly. If you choose to contact us regarding these CCPA rights, be advised that we will first seek authority to comply with any such request from our customer (i.e. your employer). As described, we also may not be able to comply with such requests if we are required to retain your personal information under other applicable law. If you are a direct client of PS&F, this paragraph does not apply to you.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information within the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling 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 (also called a data portability request).
• Whether or not we sold or disclosed your personal information for a business purpose, separated into two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our 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; fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and/or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible, or seriously impair, the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at 1-800-457-0220; or.
• Emailing us at info@psfinc.com.

Be advised that PS&F may be a Service Provider with respect to your personal information and may not be able to comply with your request—even if otherwise valid and verifiable—without the consent of our relevant business partner.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us using the toll-free number above.

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

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• 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.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

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

If you have an account with us, a written response will be delivered to that account. If you do not have an account with us, the written response will be delivered by mail or electronically, at your option.

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

We do not charge a fee to process or respond to your verifiable consumer request(s) unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, you will be notified as to why that decision was made and provided with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, 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; or
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive offered will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We currently do not provide financial incentives.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding the disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@psfinc.com.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion, and at any time. When we make changes to this privacy notice, we will post the updated notice on the PS&F Website and update the notice’s effective date. Your continued use of our services following the receipt of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which PS&F collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

• Phone: 1-800-457-0220
• Website: https://www.psfinc.com/contact-us/
• Email: info@psfinc.com
• Postal Address: 2233 112th Ave NE, Bellevue, WA 98004