The Washington My Health, My Data Act ("MHMDA") provides consumers residing in Washington and consumers whose consumer health data is collected in Washington (“Washington Consumers”, "you", or "your") with specific rights regarding their consumer health data. This Consumer Health Data Privacy Policy (“WA Policy”) supplements the SmartFinancial Privacy Policy ("Policy") and applies solely to Washington Consumers.
This WA Policy also explains your rights regarding your consumer health data and how you can exercise those rights. This WA Policy describes the practices of SmartFinancial and its subsidiaries and affiliates (“SmartFinancial”, “we”, “us” or “our”) that link to the WA Policy regarding the collection and use of consumer health data we collect from Washington Consumers.
At SmartFinancial, we strive to help consumers achieve their goals by providing access to an array of insurance products. In doing so, we may collect and/or use the consumer health data of Washington Consumers. In this WA Policy, consumer health data has the meaning described below and excludes certain information subject to other laws.
Consumer health data is defined for purposes of this WA Policy and the MHMDA as personal information that is linked or reasonably linkable to a Washington Consumer and that identifies the Washington Consumer's past, present, or future physical or mental health status.
Consumer health data may include, for example, information collected directly from you if you use certain services available on our sites or information that you voluntarily provide, such as information you provide in response to a written or verbal questionnaire or on an online form.
We may also collect or receive consumer health data about you through or from our business partners and service providers that perform services for us or for you, or to offer our products and services to you.
Under the MHMDA and the unique consumer rights described below, consumer health data does not include:
We separately provide notices required under other state and federal laws, such as GLBA and HIPAA in connection with products and services subject to those laws.
This may include medical conditions, health history, history of diagnosis, symptoms, and other medical information, inpatient and outpatient care, medical recommendations, referrals, and consultations.
This may include personal information relating to consulting with a physician, height and weight information, tobacco use information or records of your communications and other requests with us or one of our partner companies.
We collect your consumer health data directly from you and/or the agents you interact with when applying for or seeking information about our products and services.
We may collect and/or use your consumer health data for the following business purposes:
For purposes of the MHMDA, we may share your consumer health data with our affiliates, and related companies including insurance companies and their agents so they can provide accurate insurance quotes to you.
Subject to certain legal limitations and exceptions, you may be able to exercise some or all of the following rights:
You may have the right to request us to confirm whether we collect your consumer health data and to disclose the consumer health data we collect about you.
You may have the right to request us to delete any of your consumer health data we collect and retain (and direct our processors and contractors to do the same).
We may deny your request if retaining the consumer health data is reasonably necessary for us to:
Other legal limitations and exceptions may also apply.
To exercise any of the rights described above, you may contact us at the following email: service@smartfinancial.com.
Only you or your authorized agent may make an authenticated consumer request to confirm and access or delete your consumer health data. If you use an authorized agent to submit an authenticated consumer request on your behalf, we will require you to provide additional information as described below. You may make an authenticated consumer request on behalf of your minor child. In order to authenticate your identity to process your request, we will request your full name, street address, city, zip code, phone number, and email address. If the information you provided us does not match our records, in certain circumstances we may request additional information from you.
We endeavor to respond to an authenticated consumer request to confirm and access or delete within forty-five (45) days of its receipt. If we require more time (up to 45 additional days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We do not charge a fee to process or respond to your authenticated consumer request unless it is excessive, repetitive, or manifestly unfounded. 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.
We reserve the right to amend this WA Policy at our discretion and at any time. When we make changes to this WA Policy, we will post the updated WA Policy on the website and update the WA Policy's effective date.
The effective date of the rights for Washington Consumers described in this WA Policy is June 16, 2024. Changes to the WA Policy will not affect our use of previously provided consumer health data.
If you have any questions about this WA Policy, the ways in which we may collect and use your consumer health data described in this WA Policy, and your choices and rights regarding such use, please feel free to contact us by:
SmartFinancial.com Insurance, LLC
4041 MacArthur Blvd., Suite 210
Newport Beach, CA 92660
If we have denied your request to exercise your rights under the MHMDA, you may appeal our denial. Please submit your appeal request by: