PRIVACY POLICY

Last revised: June 24, 2019

Your privacy is important to us. This Privacy Policy (the “Privacy Policy”) governs the use of your Personal Information (as defined below) in connection with any websites, online services, and/or applications owned or operated by Contactability.com LLC, an Ohio LLC (“we,” “us,” or “our”), including, without limitation, in connection with:

  • the website currently located at www.smartfinancial.com and any other website owned by us upon which this Privacy Policy is linked (collectively, the “Site”); and
  • any other interactive features, widgets, products, services, and resources offered by us and/or our affiliates, distributors, or licensees through, and all other content within, the Site (all of which are collectively referred to as the “Services”).

This Privacy Policy explains what information we collect about you, how we use or disclose such information, how to exercise any rights you may have with respect to your Personal Information (including any rights to opt-out of certain uses of your information), and the safeguards we have in place to reduce the risk of unauthorized access and use.

Please carefully read this Privacy Policy, which is part of our Terms of Use, before using our Site and/or Services. If you do not agree with the Terms of Use and/or the Privacy Policy, you must refrain from using our Site and/or Services. By accessing or using our Site/Services you agree to our use of your information consistent with the Terms of Use and this Privacy Policy.

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 inquries 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”).

2. PRIVACY POLICY CHANGES

This Privacy Policy is subject to change. We encourage you to review this Privacy Policy frequently for any revisions or amendments. Such changes to this Privacy Policy will be posted on the Site and will be effective immediately upon posting. You will be deemed to have been made aware of and have accepted the changes by your continued use of the Site or 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)
  • Personal Characteristics (e.g., gender, marital status, driving records, health history, level of education)
  • Contact Information (e.g., mailing address, email address, phone number, fax number)
  • Commercial Information (e.g., motor vehicles owned, insurance claim history)
  • Financial Account Information (e.g., credit card number, checking account number)
  • Consumer/Credit Reports
  • Internet or Other Electronic Network Activity (e.g., browing history, search history, other information regarding your use of our Site/Services that can be associated with you)
  • Profesional or Employment-Related Information (e.g., occupation)
  • 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 ifnromation 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 insuance 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 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 parties 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 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.

c. Cookies

We use cookies (a small text file placed on your computer to identify your computer and browser) to improve the experience of the Site and Services, such as saving your preferences from visit to visit to present you with a customized version of the Site. Many web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, certain features of the Site or Services may not work if you delete or disable cookies.

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.
  • Analytics Cookies: Analytics cookies help us understand how our Site is working and who is visting our Site. Google Analytics is one tool we use and you can learn more by reviewing Google’s Privacy Policy.

Online Behavioral Advertising

We may work with third-party advertisers, search providers, and ad networks (“Advertisers”) to learn more about you and show you ads or other content that we believe would be relevant to you. Advertisers may collect and use information about your use of the Site or Services as well as other websites and services. These companies may use cookies and other online tracking technologies to collect and use your information. We and/or Advertisers may also append other data to the data collected by Advertisers to create an interest profile of individual users. We try to retain and analyze data in a way that anonymizes it, but it is possible that we may collect or use Personal Information as part of our online behavioral advertising activities. Our Privacy Policy does not cover any use of information that an Advertiser may collect from you. Advertisements may be shown via the Site, the Services, or on third-party websites. You can visit the Network Advertising Initiative website at www.networkadvertising.org, which offers information about Internet advertising companies and how to opt out of their information collection.

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.

If you arrive at the Site by "clicking through" from another website, then certain information about you that you provided to that other website, such as the terms you were searching that led you to the Site, may be transmitted to us and we may use it.  You should review the Privacy Policy of any website from which you reached the Site to determine what information was collected by that website and for what purpose(s) you agreed that website could use that information. We may retain information about you provided to us by other websites, and will only use it in accordance with this Privacy Policy.  Such information may be associated with other Usage Data or Personal Information.

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

a. Generally

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 products and services via mail, email, telephone, and/or text messaging;
  • Communicate with you about the Site, the Services, and other matters via mail, email, telephone and/or text messaging; and
  • Compile information and analyses to enhance the customer experience and improve our business.

b. Testimonials

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.

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;
  • Payment processing;
  • Management of access to services;
  • Data storage and management; and
  • Identity and contact information validation.

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; personal characteristics; contact information; commercial information; financial account information; consumer/credit reports; internet or other electronic network activity; profesional or employment-related 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 Sharing

We share your Personal Information with third-party companies 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 share your Personal Information with 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. We share/sell the following types of Personal Information with one or more third-party companies for their marketing purposes: personal identifiers; personal characteristics; contact information; commercial information; financial account information; consumer/credit reports; internet or other electronic network activity; profesional or employment-related 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.

If you would like to opt-out of having your Personal Information shared with third-party companies for their marketing purposes, please let us know by sending us an email at info@smartfinancial.com or by mail to the address in the Contact Us section below. Include in your request at least your name, email address, phone number, and a clear statement of your desire to opt-out. We may contact you to verify or obtain additional information to process your request. Please allow up to ten (10) business days to process your opt-out request.

Please note that even if you opt-out, your information may still be shared with certain third parties for transactional purposes such as providing products and services you have requested. Additionally, third parties who have already received your Personal Information may continue to communicate with you. We do not control and are not responsible for third-party communications.

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.

6. SECURITY

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 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. You will have the opportunity to opt-out of any such transfer if, in our reasonable judgment, the new entity plans to handle your information in a way that differs materially from this policy.

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

If you have any questions about our Site, Services, or this Privacy Policy, please email us at info@smartfinancial.com. You may also send us a letter to the following address:

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.

a. Right to Know

You have the right to request that we provide you (i) the categories and 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.

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, Access, and Deletion

You may exercise your Rights to Know, Access, and Deletion by calling us at 855-214-2291, or sending an email to info@smartfinancial.com. 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 may request additional information from you in order to verify your identity or locate your Personal Information. We will respond to your request within 45 days but we may extend the time for response by an additional 45 days if an extenstion is reasonably necessary and we inform you of the extension. You may request the same type of information up to two times in a 12-month period.

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, sending an email info@smartfinancial.com. Please provide sufficient information to allow us to locate your Personal Information in our systems.

e. 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.

f. 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.