SmartFinancial Privacy Policy

Rev. 04/2012

Thank you for visiting SmartFinancial.com, welcome to our site.

The purposes of this Privacy Policy are to describe the information collection, use, and dissemination of SmartFinancial.com and all related websites owned or registered to it, and applies to its collection, use, storage, and disclosure of such information on its (a) web sites, including all divisions, subsidiaries, and related companies, (b) on various third party Affiliate web sites, and (c) to SmartFinancial.com’s other information collection, including the acquisition of customer information from third parties. SmartFinancial.com expressly disclaims all responsibility and liability for the information collection or privacy practices of third parties or other third party services and web sites or applications.
Please read the following legal notices carefully. Your use of this web site and associated services constitutes your agreement with the terms and conditions set forth below. These terms and conditions may be changed or updated at any time. You are responsible for reviewing them periodically for current information. Additional legal notices regarding specific products, services, as well as conditions, restrictions or disclosures may be described on “sub sites” within the SmartFinancial.com main web site.

I. PRIVACY STATEMENT

At SmartFinancial.com, your privacy is important. We understand that you entrust us with your private information to help us match you with an insurance provider (we refer to all of these as “Agents”) or affiliate insurance service web sites (we refer to all of these as “Affiliates”) who can meet your insurance needs. Please know that we protect your privacy. Under no circumstances will SmartFinancial.com sell or share any personal information about you to or with any person or organization except as provided in this Privacy Policy or as may be required by law or court order. This Privacy Policy describes the standards we adhere to in handling information about you and your insurance quote request.

II. THE PROCESS

SmartFinancial.com is a leader in the marketplace for connecting consumers with insurance needs like yours to the Agents and Affiliates who can best serve you. SmartFinancial.com is not an insurance agency and does not provide quotes directly to consumers. Rather, SmartFinancial.com is a free matching service that instantly connects you with our network of quality Insurance Agents and Affiliates.
After you call or submit your quote request via this web site, SmartFinancial.com immediately matches you to local and national Agents and Affiliates who can meet your insurance needs. The matching Agents will use the information you provided in your quote request to generate and evaluate your insurance quote and contact you with the details. In some cases, SmartFinancial.com does not have a matching agent based on your location and insurance needs. In this event, your information may be passed to one of our Affiliates to ensure that you receive as many competitive quotes as possible.

Registration on the site is equated to permission and releases in some cases the question of telemarketing under the Amended Telemarketing Sales Rule as well as the state Do-Not-Call listings. We are permitted to contact through telemarketing for the purpose of reaching the data holder within the regulations of these laws.

Mobile device marketing, within the extent of the law, is agreed upon when submitting personal data on the site. This is not limited to text messaging, SMS marketing regardless of the state or federal Do-Not-Call registration boards. Within the law, we retain the right to contact you personally as well as disclose, sell, rent, lease or give the mobile numbers to third party providers for legal non-marketing usage.
SmartFinancial.com does not charge a fee to use our service. SmartFinancial.com is paid a fee by the Agents and Affiliates who purchase insurance quote leads, such as yours, through our service.

III. THE INFORMATION WE COLLECT

A. Personal Information

The personal information that SmartFinancial.com, its Agents, and its Affiliates may collect includes, but is not necessarily limited to, the items listed below.

Full Legal Name
Postal address(s)
Email address(s)
Telephone Number(s)
Fax Number(s)
Date of Birth
Social Security Number / FEIN
Gender
Marital status
Occupation
Driving records
Vehicles owned
Credit reports
Credit Card, Checking Account, or other Financial Institution account information
Level of education
Health history
Insurance claim history

Except as otherwise provided in this Privacy Policy, SmartFinancial.com will store all information provided by you in its data servers for a period of at least three (3) years. SmartFinancial.com uses reasonable efforts to ensure that such information is secure and to protect against its loss, misuses, and alteration of the information under SmartFinancial.com’s direct control. Notwithstanding the foregoing, SmartFinancial.com cannot guarantee that its security measures will prevent its computers from illegal or otherwise unauthorized access. For the avoidance of doubt, in no instance will SmartFinancial.com retain Credit Card or other Financial Institution account information of users of any SmartFinancial.com services or web sites without separate, prior written authorization provided by such users.
Based upon the information that you enter, we send it to matching Agents and Affiliates so they can generate accurate quotes for you.

IMPORTANT: NOTICE OF CONSUMER REPORT PRACTICES:

All proposed named insureds listed on quote applications must be made aware of the following:

In some cases, Agents, insurance companies and Affiliates 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 this insurance. Insurance companies may also obtain and use a credit-based insurance score based on information contained in your credit report. Agents, insurance companies, and Affiliates may use a third party in connection with the development of your insurance score and rate quote. By providing the information described above in this paragraph through the SmartFinancial.com web site(s), you are giving your express consent to Agents, insurance companies, and Affiliates to obtain and use said information for the purposes set forth herein.

B. Technical Information

We may collect and track certain technical information to ensure that your consumer experience is a beneficial one, including by not limited to the following:

Cookies – a cookie is a small file stored on a user’s computer that contains information about the user. We may use either session ID cookies (which terminate once a browser is closed) or persistent cookies (which are small text files stored on a user’s hard drive for an extended period of time). Cookies allow us to see how and when you use our sites, but they cannot be used to track personal information such as email address or phone number. Cookies also allow us to store the personal preferences that you set during each visit to our sites which can speed up your future visits.

Log files – SmartFinancial.com may use log files to track how our sites are being accesses and used. Log files track anonymous user information such as IP addresses, browser types, Internet service providers, referring and exit pages, platform type, date and time stamps, and number of clicks to, from, and within our sites.
Information from Banner Ads – if you arrive at SmartFinancial.com through a banner ad or other Affiliate referral device, SmartFinancial.com may track where you arrived from, as well as clicks that might have impacted our servers.
We may use clear GIF Tracking Pixels to track user movement through our web sites for aggregated site traffic measuring. In addition, some Affiliates may set such tracking pixels on our web site pages to track completed forms and requests referred by their web sites.

C. Survey Information

SmartFinancial.com may collect and use information from you when you voluntarily complete a survey, order form, registration page, or other form of data collection through any means, including but not limited to, U.S. mail, internet, wireless communications, SMS, facsimile, and telephone solicitations. Please understand that by providing such information, you are giving your express consent for SmartFinancial.com, its Agents, and its Affiliates to contact you through electronic means, mail, wireless communications, SMS, facsimile, or via telephone (even if your telephone number is registered on any national or local so-called “Do Not Call” registry). Such consent remains fully intact until SmartFinancial.com receives written request by you to rescind such consent pursuant to the “Opt-Out Policy” in this Privacy Policy.

D. “Contact Us” Information

If you decide to communicate with us through a “Contact Us” section on our web site, we may ask you for personal information such as your name, email address, or phone number. This information may be shared with third parties in order to resolve any problems you may have. Please understand that by providing such information, you are giving your express consent for SmartFinancial.com, its Agents, and its Affiliates to contact you through electronic means, mail, wireless communications, SMS, facsimile, or via telephone (even if your telephone number is registered on the so-called “Do Not Call” registry). Such consent remains fully intact until SmartFinancial.com receives written request by you to rescind such consent pursuant to the “Opt-Out Policy” in this Privacy Policy.

E. Third Party Information

SmartFinancial.com may collect information from you when you provide such to a third party and SmartFinancial.com subsequently acquires or uses the information provided by the third party. Such information may include, but is not necessarily limited to, the information listed in Section III. A., above. Please understand that by providing such information to such third parties, you are giving your express consent for SmartFinancial.com, its Agents, and its Affiliates to contact you through electronic means, mail, wireless communications, SMS, facsimile, or via telephone (even if your telephone number is registered on the so-called “Do Not Call” registry). Such consent remains fully intact until SmartFinancial.com receives written request by you to rescind such consent pursuant to the “Opt-Out Policy” contained in this Privacy Policy.

F. No Information Collected From Children

SmartFinancial.com will never knowingly collect any personal information about children under the age of 18. If SmartFinancial.com obtains actual knowledge that it has collected such information, that information will be immediately destroyed and/or deleted from our databases. Because we do not collect such information, we have no such information to use or to disclose to third parties. SmartFinancial.com has designed this express policy to comply with any applicable provisions of the Children’s Online Privacy Protection Act (“COPPA”) promulgated by the Federal Trade Commission (“FTC”).

G. Opt-Out Policy

As stated above, please understand that by providing personal information to SmartFinancial.com, you are giving your express consent for SmartFinancial.com, its Agents, and its Affiliates to contact you through electronic means, mail, wireless communications, SMS, facsimile or via telephone (even if your telephone number is registered on the so-called “Do Not Call” registry). Such consent remains fully intact until SmartFinancial.com receives written request by you to rescind such consent (e.g., an “opt out” notification). If you did not give such express consent, or if you would like to remove such express consent, you may send such notification to unsubscribe@SmartFinancial.com; or if by mail to the address printed above. If your consent to be contacted was originally sent via SMS, you may also submit written notification of cancellation of such consent via SMS by sending “STOP”, “END”, or “QUIT” to any SMS message you received directly from SmartFinancial.com. To ensure timely removal of consent, please provide all information that was originally provided to SmartFinancial.com by you and please allow SmartFinancial.com approximately ten (10) business days to process such request.
Please understand that this Opt-Out Policy impacts only future delivery of solicitations to you sent directly by SmartFinancial.com on its on behalf. You may still receive solicitations from third parties, and the personal information that you provided may still be shared with such third parties. By following this Opt-Out Policy, please understand that you will not automatically be unsubscribed from solicitations sent directly by any third parties, Agents, or Affiliates. Such third parties may maintain their own separate databases from ours, and you will need to contact them directly to unsubscribe from each source individually. This allows you the freedom to pick and choose which subscriptions to maintain and which to discontinue.

H. Email Solicitations

SmartFinancial.com only sends email solicitation to users who have agreed, through this Privacy Policy, on third party web sites, or by other means, to receive email from SmartFinancial.com. As such, SmartFinancial.com does not send any unsolicited email solicitations.

I. Wireless Communications.
If the email address(s) you provide to SmartFinancial.com are wireless address(s), you agree to receive messages at such address(s) from SmartFinancial.com or Agents and Affiliates. You understand that your wireless carrier’s standard rates apply to these messages. You represent and warrant that you are the owner or authorized user of the wireless device(s) on which messages will be received, and that you are authorized to approve the applicable charges associated therewith.

J. Short Message Service

SmartFinancial.com may make available a service through which you can receive messages on your wireless device via short message service (“SMS”). Data obtained from you in connection with this SMS may include but is not limited to your name; address; cellular/wireless device telephone number; wireless provider’s name; and the date, time, and content of your message(s). By submitting such information to SmartFinancial.com, you thereby represent and warrant that you are 18 years of age and the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges associated with such messages. In addition to any fee which you are notified, your wireless provider’s standard messaging rates apply to all SMS correspondence from SmartFinancial.com. All such charges are billed by and payable to your wireless provider. SmartFinancial.com disclaims any liability for any delay in receipt of any SMS message. Your wireless provider and other service providers may collect data pertaining to your SMS usage, and such practices are not governed by the provisions of this Privacy Policy. You acknowledge that SMS is provided via wireless systems, and the submission of information over such systems may not be private or secure. SmartFinancial.com disclaims any liability for any unauthorized access to information transmitted via SMS. You hereby grant SmartFinancial.com the right to access your wireless provider account for the purpose of identifying and resolving technical issues and SMS related complaints. SmartFinancial.com may use any information you have submitted via SMS to provide requested services, including services that display customized content and advertising. SmartFinancial.com may also use such information for auditing; research and analysis; transmission of such information to Agents and Affiliates; and other uses as provided in this Privacy Policy. You may opt out of future SMS messages by complying with the “Opt-Out Policy” contained in this Privacy Policy.

IV. HOW WE USE YOUR INFORMATION

A. How We Share Your Information with Agents and Affiliates
When you submit a quote request to SmartFinancial.com, your information is used to match you with qualified, licensed agents who can best serve your insurance needs. In order to provide you with as many insurance options as possible, your information may also be transmitted to one of our Affiliates in an effort to ensure you receive as many competitive quotes as possible.

B. How We Use Technical Information Internally

SmartFinancial.com uses the technical information described in Section III, above, to study how our web sites are being used. We can also use cookies to track your preferences so that when you return to our web site, you can navigate more easily without having to re-enter certain information. By analyzing the data that cookies and web logs provide, we can determine how to improve our web sites and affiliate and banner ad campaigns to better serve our customers.

C. How We Use Survey Information

SmartFinancial.com uses information from our consumer satisfaction survey(s) to better understand the consumer experience and improve our services and web sites.

D. COMMUNICATIONS YOU CAN EXPECT

A. SmartFinancial.com Communications

You may expect to receive confirmation emails for submitted quote request(s), newsletters, surveys, follow-up telephone inquiries, telephone solicitations, direct mail solicitations, wireless solicitations, SMS solicitations, and facsimile solicitations and courtesy communications from SmartFinancial.com.

B. Agent Communications

By submitting a quote request through SmartFinancial.com, insurance Agents will contact you using the contact information that you provided in the quote request form. In order stop these communications, you must contact the Agents directly and request that they stop contacting you. Such communications sent directly from Agents are expressly excluded from this Privacy Policy. SmartFinancial.com expressly disclaims all responsibility and liability for the information collection or privacy practices of Agents.

C. Affiliate and Third Party Communications

By submitting a quote request through SmartFinancial.com or otherwise providing contact information, Affiliates and third parties may contact you using the contact information that you provided. In order stop these communications, you must contact the Affiliate(s) and/or other third parties directly and request that they stop contacting you. Such communications sent directly from Affiliates and other third parties are expressly excluded from this Privacy Policy. SmartFinancial.com expressly disclaims all responsibility and liability for the information collection or privacy practices of such Affiliates and third parties.

VI. QUOTE REQUESTS

SmartFinancial.com is not an insurance agency. We are a free matching service that instantly connects you with our network of quality insurance Agents and Affiliates. After you submit your quote request via our web site, SmartFinancial.com immediately matches you to Agents and Affiliates and sends your information to them. This process happens instantly; therefore, there is not an opportunity for you to edit your original information after it’s been submitted. We recommend that you communicate the needed changes directly to the Agents and Affiliates with whom you were matched.

VII. CONTENT DISCLAIMER

SmartFinancial.com provides its web sites and the information provided therein as a service to its customers. The information and materials provided are provided for general information purposes and may not be relied on as a substitute for professional or legal advice. The views or opinions expressed by the authors included such information do not necessarily reflect the views or opinions of SmartFinancial.com or its Agents and Affiliates. The information is not intended to create any legal relationship between SmartFinancial.com and the user. Neither the transmission nor receipt of these materials will constitute a legal relationship between the sender and the receiver. The information is not guaranteed to be correct, complete, or current. SmartFinancial.com makes no warranty, expressed or implied, about the accuracy or reliability of the information, or at any other web site to which the SmartFinancial.com web sites are linked. SmartFinancial.com also assumes no responsibility for the content and accuracy of materials contained in external sites to which links are provided to its web sites.

VIII. RESTRICTED AREAS

Certain areas of SmartFinancial.com, such as areas only available to our Agent and Affiliate network, may have additional or different terms and conditions than those addressed in this policy. If you access any of these areas, you should consult the privacy policies posted in those areas.

IX. CHANGES TO THIS PRIVACY POLICY

SmartFinancial.com may, at its sole discretion, revise this Privacy Policy at any time in a manner consistent with applicable laws and regulations. When we revise this policy, including changes to SmartFinancial.com’s use of your personal information, we will incorporate the revisions into this policy and will revise the “last revised” date at the top of this web page. We recommend that you regularly visit this policy in order to remain informed about any changes that we may implement.

X. CALIFORNIA USER CONSUMER RIGHTS

In accordance with California Civil Code Sec. 1789.3. California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by telephone at (916) 445-1254 or (800) 952-5210; or by email to dca@dca.ca.gov. For more information about protecting your privacy, you may wish to visit: www.ftc.gov.

XI. USE OF SmartFinancial.com WEB SITE(S)

You acknowledge that the personal information you provide to SmartFinancial.com is collected and stored in the United States and therefore consent to the transfer of information to and storage of the information in the United States, regardless of your country of domicile.
SmartFinancial.com reserves the right to disclose, transfer, or sell your personal information to companies who are affiliated with SmartFinancial.com in SmartFinancial.com’s sole discretion. If SmartFinancial.com changes ownership through, but not limited to, acquisition, merger, sale, or other change of business status, it reserves the right to transfer or assign the right to use your personal information.

XII. ACKNOWLEDGEMENT

By submitting your information or calling one of our numbers and providing personal information through SmartFinancial.com web sites, you hereby represent and warrant that:
You have read, understand and agree to SmartFinancial.com’s Privacy Policy, and SmartFinancial.com may send you electronically (via email or otherwise) any notices with respect to the Privacy Policy, but is not required to do so;
SmartFinancial.com may provide the information you submit to third parties for the purposes of providing you information and quotes about insurance, that such third parties may contact you via the contact information that you provide, and that such third parties may use your information to gather additional information about you, as described in this Privacy Policy.
SmartFinancial.com may contact you using the information you provide.
You are an actual person of at least 18 years of age, you have the right to provide the information you submit, and the information you submit is accurate, complete and truthful.
If you do not agree to the terms of this Privacy Policy, then do not enter your information and do not continue with this process and do not provide your information to SmartFinancial.com In such case, SmartFinancial.com will not be able to provide quotes or information for insurance provided to you, and is relieved of any of its obligations to you as set forth in this Privacy Policy.

If you have any questions regarding this Privacy Policy, please contact us at info@SmartFinancial.com.