Last Modified: January 2020

These Terms of Use, including any policies, rules and other terms that are expressly incorporated herein by reference (collectively, the “Terms”), set forth a legally binding agreement between you (“you” or “your”) and Risk Strategies Company and its subsidiaries (“we,” “us,” or “our”). These Terms govern your use of this website (the “Site”). Please read these Terms carefully before proceeding.

PLEASE TAKE NOTICE AND BE AWARE THAT SECTION 17 (DISPUTE RESOLUTION) OF THESE TERMS CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND US TO RESOLVE ANY AND ALL DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE FOLLOWING INFORMATION, INCLUDING, WITHOUT LIMITATION, SECTION 17 (DISPUTE RESOLUTION), CAREFULLY.

1. ACCEPTANCE OF TERMS

By accessing or using the Site, or by clicking to accept these Terms when this option is made available to you, you accept and agree to be bound by these Terms. In addition to these Terms, your access to and use of certain portions or aspects of the Site, or your ability to access and/or use certain products or services that are offered or made available to you through the Site, may require you to accept additional terms and conditions as applicable to such products or services (collectively, “Additional Terms”). The Additional Terms are hereby incorporated and made a part of these Terms by this reference.

These Terms govern your ACCESS TO AND use of the Site. BY USING THE SITE, YOU EXPRESSLY AGREE TO BE BOUND BY THESE Terms. IF YOU DO NOT AGREE TO THESE Terms, DO NOT USE the Site.

2. AGE REQUIREMENTS

You must be at least the age of majority in your state of residence, and fully able and competent to enter into and abide by the terms and conditions of these Terms, in order to access and use the Site. Individuals under the age of majority are not eligible to use the Site and may not submit any personal information to us. By accessing or using the Site, you represent and warrant that you are at least the age of majority in your state of residence, are legally entitled to enter into these Terms, and have the right, authority and capacity to enter into and abide by the terms and conditions of these Terms.

3. MODIFICATION TO THESE TERMS

We will email you or post a notification on the Site in the event of any material changes to these Terms. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Site. Please check these Terms periodically for changes. Your continued use of the Site following our posting of any changes to these Terms means that you accept those changes.

4. PRIVACY POLICY

Our Privacy Policy governs the processing of all personal information collected from you in connection with your use of the Site.

5. ACCESSIBILITY

If you have difficulty using or accessing any element of this Site or if you have any feedback regarding accessibility of this Site, please feel free to contact us at accessibility@risk-strategies.com.

6. RESTRICTIONS ON USE

You may use this Site and all associated content solely for your personal use. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, distributed, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You shall not attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site

To access parts of the Site or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.

You agree not to use any device, software, or routine to interfere with the proper functioning of the Site. In addition, when accessing or using the Site you may not:

• Transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including images and language;
• Transmit or solicit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other proprietary rights; or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder; or
• Transmit any information, software, or other material that contains a virus, trojan horse, time bomb, worm or other rogue programming or other harmful component.

Additionally, you are prohibited from violating or attempting to violate any security features of the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

7. USER COVENANTS

By accessing or using the Site, you agree to, acknowledge, and represent as follows:

• You will comply with all applicable federal, state or local laws in using the Site, and you will not perform or fail to perform any act that you know or reasonably should know would place us or our affiliates in violation of any applicable law.
• You have the authority and capacity, under the laws of the state or jurisdiction in which you reside, to make the representations and warranties and be bound by the covenants provided herein.

8. COPYRIGHTS, TRADEMARKS, and OTHER PROPRIETARY RIGHTS

When accessing and using the Site, you agree to obey the law and to respect the intellectual property rights of others. As between you and us, all content on the Site, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound, or any other digital media, is owned by us and/or our licensors and is subject to protection by patent, copyright, trademark, or other proprietary rights. In addition, the entire content of the Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content. Any feedback you provide to us relating to the Site, shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.

All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on the Site are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on the Site or these Terms serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party.

Except as expressly provided herein, you may not use, modify, create derivative works of, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any content or material from the Site without express written permission from us and, if applicable, the respective copyright owner. You acknowledge and agree that you do not acquire any ownership rights by accessing or using the Site.

9. THIRD-PARTY SITES

We may provide links and pointers to websites, goods, and/or services maintained, owned, or controlled by others (“Third-Party Sites”) that are not affiliated with us and may be located in different countries and that may subject to different regulatory and other legal requirements. We have not reviewed all of the Third-Party Sites linked to the Site and are not responsible for the content or services offered on such Third-Party Sites, including, but not limited to, any advertising, order processing and fulfillment, or payment terms related to such Third-Party Sites. Access to Third-Party Sites through our Site does not constitute an endorsement by us or any of our subsidiaries or affiliates of any such Third-Party Sites, or the content or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices of such Third-Party Sites or retailers. Complaints, claims, concerns, or questions regarding Third-Party Sites should be directed to the applicable third party.

If we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit, or otherwise make available on those websites may be viewed by the general public. We do not control any content information made available on social media pages and are not responsible for any third-party use of any information, including, without limitation, personally identifiable information, that you have posted, transmitted, or otherwise made available there.

10. SITE UPDATES

We will not be liable if, for any reason, all or part of the Site is ever unavailable. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. We undertake no obligation to update, amend, or clarify information on the Site, except as required by law. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on the Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on the Site to become inaccurate or incomplete.

On occasion, information on the Site may contain errors. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE SITE WILL BE CORRECTED. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE FOREGOING LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US UNDER THESE TERMS OF USE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLE FORESEEABLE), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE. IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO YOU, FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN CERTAIN JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU; ALL OTHER PROVISIONS OF THESE TERMS REMAIN IN FULL FORCE AND EFFECT.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us, our affiliates, our subsidiaries, and each of our and their respective shareholders, members, managers, directors, officers, employees, personnel, agents, successors and assigns from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with: (i) your violation or breach of these Terms; (ii) your use of the Site; (iii) your dispute with another user; (iv) your violation of any rights of any third party; or (v) your violation of applicable law. This indemnification obligation will continue after you stop using the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

14. FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.

15. NOTICES

We may send you responses or notices by e-mail, posting to the Site, or written communication sent by U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16. GOVERNING LAW

These Terms and your use of the Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of Massachusetts, U.S.A., without giving effect to any principles of any choice or conflict of law provision or rule (whether of the State of Massachusetts or any other jurisdiction) that would cause the laws of any jurisdiction other than those of the State of Massachusetts to apply.

17. DISPUTE RESOLUTION

Timing of Claims

Any cause of action or claim you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises.

Arbitration and Venue

Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Boston, Massachusetts except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.

Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).

Final Arbitration

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.

Class Action Waiver

To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

18. MISCELLANEOUS

The division of these Terms into sections and the headings of the various sections in these Terms are for convenience of reference only and shall not affect the construction or interpretation of these Terms. You acknowledge and agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to these Terms. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. There shall be no third-party beneficiaries to these Terms. Any provision of these Terms that contemplates performance or observance subsequent to any expiration or termination of these Terms, or which is otherwise necessary to interpret the respective rights and obligations of the parties hereunder, shall survive any expiration or termination of these Terms and continue in full force and effect. If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with our Privacy Policy and all other documents incorporated herein by reference, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede any agreements previously existing between the parties with respect to such subject matter.

19. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. We may be contacted via e-mail at legal@risk-strategies.com.

20. QUESTIONS

If you have any questions or comments regarding these Terms, our Privacy Policy, or the Site, please feel free to contact us by e-mail at legal@risk-strategies.com

Thank you for visiting setnorbyer.com. If you have trouble reading or using material on our site due to a disability, please let us know so we can provide it through other means. You can call us at (954) 382-4350, email us at agents@setnorbyer.com or visit us in person at 900 South Pine Island Road, Suite 300, Plantation, FL 33324.

Last Updated: January, 2023

This privacy policy (“Privacy Policy”) describes how RSC Insurance Brokerage, Inc. and its affiliates and subsidiaries (collectively, “Risk Strategies”, “we”, “us”, or “our”) collect, use and disclose the personal information processed in relation to:

• The use our websites and associated services that link to this Privacy Policy, including www.risk-strategies.com and other websites controlled by Risk Strategies (the “Sites”);
• Our former, current and prospective clients;
• Individuals who communicate with us; and
• Individuals who use our products and services (collectively with our Sites, the “Services”) and individuals whose personal information we receive in providing the Services.

This Privacy Policy also describes the choices available to you regarding our use of your personal information and how you can access and update this information. We recommend that you review the Terms of Use governing your use of this Site and its content by clicking here.

Please note that this Privacy Policy does not apply to our processing of information about employees, staff, or contractors. We may provide additional privacy disclosures where the scope of the personal information processing falls outside the scope of this Privacy Policy. In that case, the additional privacy disclosures will govern how we may process the information you provide at that time.

Consumers with disabilities may access this notice by using a standard screen reader or contacting us at (617) 330-5700.

Our Sites

The processing of personal information in relation to the Sites is controlled by Risk Strategies, unless a Site identifies (in its privacy policy, terms of use or otherwise) that it is controlled by another Risk Strategies entity. Risk Strategies, as well as individual divisions of Risk Strategies, may have their own websites with their own privacy policies, in which case this Privacy Policy will not apply to such websites unless such website provides a link to this Privacy Policy.

Information We Collect

When we use the term “personal information” in this Privacy Policy, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual or household. It does not include aggregated or deidentified information that is maintained in a form that is not capable of being associated with or reasonably linked to an individual or household.

We may collect personal information about you and related third parties, including beneficiaries, dependents, employees or other participants in the Services offered to you.  By providing us with the personal information of any third party, you confirm that you have the authority to do so on their behalf and have provided them with the information set out in this Privacy Policy.

The categories of personal information we collect can include:

• Personal identifiers such as your name, email address, mailing address, phone number, date of birth, and government-issued identifiers (e.g., social security or national insurance number, passport number, ID number, tax identification number or driver’s license number).
• Customer records such as your identification documents, account credentials, and payment and billing information (credit or debit card or other financial information).
• Commercial information such as your communication with us or interest or participation in an insurance product, risk consulting service or other Services.
• Demographics such as race, ethnicity, gender, marital status, date and place of birth.
• Health or medical information such as health and medical history, conditions, diagnoses, services received, claims, coverage, medications, allergies, accommodation needs and any other information related to health insurance Services.
• Sensory information such as photos and videos of you and audio recordings of phone calls between you and us, where permitted by law.
• Preferences you provide to us or generated through your use of the Services, including inferences we may make based on our experience with you.
• Internet, network and device information from the browser or device you use to access our Services, which could include your IP address, device ID, cookie identifiers, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and or clickstream data.
• Professional information in connection with your role as a brokerage or carrier partner, agent, vendor or research partner.
• Background check information that we may receive from third-party sources, such as criminal and sex offender registry information.

Keep reading to learn more about how we collect personal information you provide to us directly through the Sites, information we collect through your use of the Services, and information we receive through third parties.

Information You Provide Through the Sites

When using our Sites, you may voluntarily provide information about yourself. We collect this information when you contact us through our Sites, create an account, provide us with personal information required to fulfill Services, or interact with us for any other purpose.

We may collect the following personal information about you through our Sites:

• Personal identifiers such as contact information;
• Customer records such as billing information and user name, account number, and password;
• Preference information such as preferences about marketing publications and your interests in relation to our Services; and
• Commercial information associated with your inquires to us, including information you may voluntarily submit to us by completing forms on our Sites.

Information Processed Through the Services

We may also collect additional personal information (subject to applicable legal requirements and restrictions) in providing our Services, operating our business, and interacting with individuals in the course of our business, which may include:

• Personal identifiers such as government issued identification numbers;
• Customer records such as billing information, Income and other financial information, and records of real property;
• Commercial information about the insurance quotes individuals receive and the policies they obtain, current and/or previous claims;
• Demographic information;
• Health and medical information and other Information necessary to secure insurance products, provide risk consulting services, offer guidance on other Services to you, process claims;
• Sensory information such as voice recordings when you call us;
• Preferences such as inferences we may make based on our experience with you;
• Professional information such as employer, job title and employment history; and
• Background check information such as criminal records data and other information from credit and background checks.

Information Automatically Collected When You Use our Services

Like most digital platforms, we collect certain personal information automatically when you visit our online Services, including:

• Internet, network and device information. We may place, or allow to be placed, cookies, web beacons and similar technologies (“cookies”) on our Services to give you the best experience, perform analytics, analyze traffic, personalize content, offer a range of features and functionality, and offer ads that match your interest. The information collected through cookies may include your IP address, browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify your browser or your account (including, for example, a persistent device identifier or an Ad ID), and other similar information. We may also work with third-party partners to employ cookies and analytical tools, including the application of statistical modeling tools, that permit us to recognize and contact you across multiple devices; and
• Preferences such as inferences about your interests that we may make based on your cookie data.

We may use this information to determine the way you access and use our Services and to improve your online browsing experience. This may include, for example, the site from which you came and the site to which you are going when you leave our services, the pages you visit, the links you click (also known as “clickstream data”), whether you open emails or click the links contained in emails, whether you access the services from multiple devices, and other actions you take on the services

We may also conduct analytics based on clickstream data. We may collect analytics data or use third-party analytics tools like Google Analytics to help us measure traffic and usage trends for the Services and to understand more about the demographics of our users. You can learn more about Google’s practices with Google Analytics by visiting Google’s privacy policy here. You can also view Google’s currently available opt-out options here. 

Please see the Your Choices section below for information on how to block or delete cookies from your browser or device.

Information Provided by Third-Party Sources

In addition to the personal information collected above, we may also collect personal information from the following third-party sources:

• Social media. If you choose to interact with us on social media, we may collect personal information about you from the social media accounts that you make public. We use personal information collected in connection with your social media account to communicate with you, better understand your interests and preferences, and better understand our customer base more broadly.
• Business partners. Our business partners may collect the personal information listed above in connection with the Services and may share some of this information with us. This includes our customers, the insureds, employers, administrators or other participants in the Services offered to you and the other third parties in the supply chain for providing the Services to you.
• Service providers. Our service providers, such as payment processors and marketing providers, collect the personal information and often share it with us. For example, we receive personal information from payment processors to confirm that an individual’s payment for the Services was accepted. We also receive information about the success of our email campaigns, including information about who has opened our marketing communications and when.
• Information providers. We may, from time to time, obtain information from third-party information providers to correct or supplement personal information we collect. For example, we may obtain updated contact information from third-party information providers to confirm an address or reconnect with an individual, or we may receive the results of a background check from a third party provider. We may also enrich the data we own with third-party information, such as demographic information about business contacts to understand our audience and develop better marketing communications.
• Acquired entities or data. We may, from time to time, acquire the equity or assets of a third-party entity in a merger or acquisition, which may include personal information about the entity’s customers, prospects, users, employees, business contacts or any person to which they’ve encountered. We will use this information in accordance with this Privacy Policy.
• Publicly available information. We may collect personal information from publicly available sources, such as government records or public review websites, to help improve our business and services.

How We Use Your Information

In addition to the above, we and our third party partners may use personal information for any lawful purpose, including the following:

• To create, maintain and service your account;
• To respond to your inquiries or otherwise communicate with you;
• To evaluate your eligibility for and provide Services you request, including to provide publications to which you subscribe;
• To operate, personalize, and improve the Sites and their features, including for analytics purposes;
• To send promotions and marketing materials that may be of interest to you;
• To present advertising online and via other communication channels, including through social media platforms and internet search engines;
• To send you important information regarding the Services, such as certain changes to our terms, conditions, policies, and other administrative information. Because this information may be material to your use of the Services, you may not opt-out of receiving such communications;
• To administer and manage our vendors and business partners
• To analyze, improve and grow our business;
• For our other business purposes, such as analysis, research, audits, fraud detection and prevention, payment processing, developing new products and features, identifying usage trends, and our internal operational purposes;
• To comply with applicable law(s) or to respond to valid law enforcement requests and as permitted by applicable law, court order, or governmental regulations and enforce our corporate reporting obligations and our Terms of Use;
• To help maintain the safety, security, and integrity of our Services, technology assets, and business; and
• With your consent, or as otherwise disclosed at the time information is collected.

We may also use aggregate, deidentified and anonymous information in a manner for any lawful, legitimate purpose such that the information does not uniquely identify you or any other user of the Services. Where we maintain deidentified data, we will maintain and use the data in deidentified form and not attempt to reidentify the data except as required or permitted by law.

Disclosure of Information

Risk Strategies may share your personal information with other parties in the ways that are described in this Privacy Policy, including the following:

• Within Risk Strategies. We share personal information with our subsidiaries and affiliates in the Risk Strategies family of companies, so that they also may use such personal information for the purposes described in this Privacy Policy. For example, we may disclose your information to affiliates who serve a role in supplying the Services, or with whose Services you may be interested in;
• Business partners. We share information with our business partners, such as the third party agents, contractors, brokers, carriers, administrators or other third parties involved in providing the Services;
• Service providers. We share personal information with third-party vendors, consultants and other service providers who perform functions or services on our behalf and under our instructions to make our Services available to you. For example, this may include vendors and providers who engage in marketing or advertising activities or provide mailing or email services, tax and accounting services, auditing and compliance, fraud prevention, infrastructure provisioning, analytics services, IT services, product fulfillment, and web hosting;
• Business transaction or reorganization. We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose personal information to a third-party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy, or receivership;
• Legal obligations and rights.  We may disclose personal information to third parties, such as legal advisors, auditors and law enforcement:
  • in connection with the establishment, exercise, or defense of legal claims;
  • to comply with laws or to respond to lawful requests and legal process;
  • to protect the rights and property of Risk Strategies, our agents, customers, and others, including to enforce our agreements, policies, and Terms of Use;
  • to detect, suppress, or prevent fraud;
  • to reduce credit risk and collect debts owed to us;
  • to protect the health and safety of us, our customers, or any person; or
• With your consent or at your direction. In addition to the sharing described in this Privacy Policy, we may share information about you with third parties whenever you consent to or direct such sharing or as otherwise disclosed at the time of data collection or sharing.

We may share information that has been anonymized or aggregated without limitation.

Your Choices

Online Advertising

We permit our trusted business partners and third-party advertising companies (including ad servers, ad agencies, technology vendors, or providers of sponsored content, collectively “ad partners”) to collect your browsing information and numerical identifiers associated with your browser or device to provide ads on our behalf that are tailored to your interests. These ads may appear on our website, and on other third-party websites. Using cookies, our ad partners collect data from a particular browser or device about a user’s web viewing behaviors over time, across unrelated websites, and in some cases combine such data with data collected from other browsers or devices associated with the same user or household, and use such data to predict user preferences and to deliver advertisements to that user which are calculated to target that user’s predicted preferences across devices. If you take steps to block advertising cookies or opt out of interest-based advertising, note that this does not mean that you will no longer receive ads from Risk Strategies, as these ads are only one form of digital advertising. Throughout our online advertising practices we support the self-regulatory principles of the Digital Advertising Alliance (“DAA”).

Privacy Preferences

You have some choices regarding how we use your personal information, including those in this section and, depending on where you live, please see the Region-Specific Disclosures section below for additional information that may apply to you.

• Correcting and updating your information. You may change any of your personal information in your account by editing your profile within your account. If you have questions about reviewing, changing, or deleting your information, you can contact us directly using the contact information below. We may not be able to change or delete your information in all circumstances.
• Marketing emails. If you decide that you do not wish to receive marketing emails from Risk Strategies, you may opt-out of receiving further e-mails by clicking “Unsubscribe” in such emails. You may also opt out or unsubscribe from future emails by sending a request to privacy@risk-strategies.com using the subject line “Unsubscribe from email communications.” To ensure your opt-out request is properly processed, be sure to send your message using the same email account to which we sent our correspondence.
• Cookies and Online Advertising: Most browsers accept cookies automatically, but you can block or delete cookies at any time to prevent the collection of your browsing information for purposes of delivering interest-based ads and tracking visitor behavior. You can block or opt out of cookies or collection of data for interest-based advertising by adjusting settings within your device or browser. For instructions, check your browser’s technical information. You can also find options for restricting cookies placed by some of our ad partners, on the DAA’s opt-out page (http://optout.aboutads.info/) or the by using the NAI’s opt-out tool (https://optout.networkadvertising.org/?c=1).
  
  If you are using a mobile device, your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Ads Personalization” on Android) that allows you to opt out of having certain information collected through mobile apps used for behavioral advertising purposes. If you block cookies at a browser- or device-level and use a different computer or browser to access our platforms, you should review your cookie settings again. Please be aware that blocking or deleting cookies may also disable or interfere with shopping features on our services and other sites that you may visit.

Third-Party Links and Tools

Our Sites may provide links to third-party websites or applications. We do not control the privacy practices of those websites or applications, and they are not covered by this Privacy Policy. You should review the privacy notices of other websites or applications that you use to learn about their data practices.

Our Sites may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties. If you use these tools to share personal information or you otherwise interact with these features on the Sites, those companies may collect information about you and may use and share such information in accordance with your account settings, including by sharing such information with the general public. Your interactions with third-party companies and your use of their features are governed by the privacy notices of the companies that provide those features. We encourage you to carefully read the privacy notices of any accounts you create and use.

Minors

Risk Strategies is committed to protecting the privacy needs of children and encourages parents and guardians to take an active role in their children’s online activities and interests. We do not knowingly collect information from children under the age of sixteen (16), and Risk Strategies does not target or direct its Sites to children.

Changes to Our Privacy Policy

We may update this Privacy Policy to reflect changes to our information practices and will post the updated Privacy Policy with a modified “Effective Date” at the top. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and, to the extent permitted by law, retroactively to all personal information we have already collected. We encourage you to periodically review this Privacy Policy for the latest information on our privacy practices. If our information practices change, we will post these changes on this page.

Contact

If you have questions, comments, or concerns about this Privacy Policy, please contact us:
•    By phone at (617) 330-5700.
•    Email at privacy@risk-strategies.com.

Region-Specific Notices

Additional privacy terms may be applicable depending on your location. These terms (our “region-specific notices“) are incorporated into, and should be read in conjunction with, this Privacy Policy. Unless otherwise indicated, the region-specific notices have the same effective date as the Risk Strategies Privacy Policy and all terms have the same meaning as defined in our Privacy Policy.

Notice to Certain U.S. State Residents

Residents of the U.S. states of California, Virginia, Colorado, Connecticut, and Utah who have interacted with us in the ways described in this Privacy Policy have certain privacy rights granted under the applicable laws in their state (respectively, the California Consumer Privacy Act of 2018 as a mended by the California Privacy Rights Act, the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, and any similarly constructed U.S. state law enacted in the future; collectively, the “U.S. state privacy laws”). This notice does not apply to personal information that is exempted from the U.S. state privacy laws, such as personal information covered by sectoral privacy laws like the Health Insurance Portability and Accountability Act, the Confidentiality of Medical Information Act, the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, or the California Financial Information Privacy Act.

Sensitive Information. The following categories of personal information we collect may be classified as “sensitive” under the U.S. state privacy laws (“sensitive information”):

• Government-issued identifiers;
• Username and password;
• Demographics such as race, ethnicity, citizenship status, sexual orientation or sex life;
• Information about a known child under the age of 13;
• Health and medical information; and
• Payment card and financial account information.

We use this sensitive information in determining your eligibility for and the provision of the Services as described in our Privacy Policy. We do not sell sensitive information, and we do not process or otherwise share sensitive information for the purpose of targeted advertising. We do not collect or process sensitive information, for inferring characteristics about you other than as necessary to provide the Services.

Your Privacy Rights. Depending on your state of residency and subject to certain legal limitations and exceptions, you may be able to exercise some or all of the following rights:

Depending on your state of residency, you also have the right to not receive retaliatory or discriminatory treatment in connection with a request to exercise the above rights. However, the exercise of the rights described above may result in a different price, rate or quality level of Service where that difference is reasonably related to the impact the right has on our relationship or is otherwise permitted by law.

Do Not Sell or Share My Personal Information. Under the laws of California, Colorado, Connecticut and Utah, the definition of “sale” is broad and covers many common business activities, even when the personal information used is not exchanged for money, or when it has been partially de-identified. Risk Strategies shares personal identifiers, or internet, network and device information, and preferences for data analytics including fraud detection, marketing and advertising purposes, for example, to better understand engagement with our Services, to match your interests with similar products you may also be interested in, to offer advertising for our products across other devices that you use, and to identify other potential customers with interests similar to yours who may also be interested in our products.

Under Virginia law, “selling” is the exchange of your personal information for monetary consideration only. Risk Strategies does not sell your personal information to third parties for money for their independent business use.

When we use the term “share” or “sharing” we mean sharing, renting, releasing disclosing, disseminating making available, transferring or otherwise communicating orally, in writing, or by electronic or other means, your personal information by us to a third-party for cross-context behavioral advertising as well as targeted advertising as defined under the U.S. state privacy laws.

We do not “sell” or “share” sensitive information. We do not sell the personal information of consumers we know to be less than 16 years of age. If we wish to do so in the future, we will first seek affirmative authorization from either the minor who is between 13 and 16 years of age, or the parent or guardian of a minor less than 13 years of age. Please contact us at privacy@risk-strategies.com to inform us if you, or your minor child, would like to opt-in to “sales”.
    

Exercising Your Rights. To exercise the rights described above, please choose one of the following options:

• To submit a request to exercise your Right to Know, Access, Portability, Correction, Deletion, Control Over Sensitive Information, or Control Over Automated Decision Making, please call us at (617) 330-5700 or email us privacy@risk-strategies.com with sufficient information to identify you in our systems and fulfill your request.
• To submit a request to exercise your Right to Opt-Out of Sales or Opt-Out of Sharing/Use of Your Personal Information for Targeted Advertising, please complete the following steps:
  • Cookie Preference Tool. Please navigate to your browser’s settings and clear your cache and delete all cookies stored on your browser.  Then, please visit the Risk Strategies Site you typically interact with, and you will be presented with a cookie banner. You can opt out of the “sales” and “sharing” of your personal information by choosing the “Decline” option on the banner, or by selecting the “Cookie Settings” option and declining “Advertisement” and “Analytics” cookies. Please note that this opt-out is device- and browser-specific and will not be effective on your visits to the Services from other devices, browsers. These requests will only affect cookie-based “selling” and “sharing”. Please note that deleting and opting out of some cookies may result in an inability to take full advantage of the Services.
  • Future “Sales” and “Shares”. To opt out of potential future “sales” and “sharing” of your personal information from our internal databases, please call us at (617) 330-5700 or email us privacy@risk-strategies.com with sufficient information to identify you in our systems and fulfill your request.
  • As an additional measure, we also suggest you block or opt out of cookies or collection of data for targeted advertising by adjusting settings within your device or browser. For instructions, check your browser’s technical information. You can also find options for restricting cookies placed by some of our ad partners, on the DAA’s opt-out page (http://optout.aboutads.info/). If you are using a mobile device, your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Ads Personalization” on Android) that allows you to opt out of having certain information collected through mobile apps used for behavioral advertising purposes.

We will need to verify your identity and confirm your state of residence before processing your request, which will generally require the matching of sufficient information you provide to us to the information we maintain about you in our systems or the successful authentication through your account (if you have one with us).

Making a privacy rights request does not require you to create an account with us. However, 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.

We will only use personal information provided in a privacy rights request to verify the requestor’s identity or authority to make the request, to process the request, and for necessary record keeping.

Authorized Agents. Only you, or someone legally authorized to act on your behalf and with written permission, may make a privacy rights request related to your personal information. In certain circumstances, you are permitted to use an authorized agent to submit requests on your behalf where (i) you provide sufficient evidence to show that the requestor is an authorized agent with written permission to act on your behalf and (ii) you successfully verify your own identity with us. We generally require evidence of either: (i) a valid power of attorney; or (ii) a signed letter containing your name and contact information, the name and contact information of the authorized agent, and a signed statement of authorization for the request. Depending on the evidence provided and your state of residency, we may still need to separately reach out to you to confirm the authorized agent has permission to act on your behalf and to verify your identity in connection with the request.

Appealing Privacy Rights Decisions. Depending on your state of residency, you may be able to appeal a decision we have made in connection with your privacy rights request. All appeal requests should be submitted by emailing privacy@risk-strategies.com with the subject line “Privacy Rights Appeal.” We welcome the opportunity to discuss the decision about your privacy rights request with you.

• Colorado Residents: If your appeal is denied, you may contact the Colorado Attorney General to address your concerns here.
• Connecticut Residents: If your appeal is denied, you may contact the Connecticut Attorney General to submit a complaint here.
• Virginia Residents: If your appeal is denied, you may contact the Virginia Attorney General to submit a complaint here.

Notice to California Residents

Retention of Personal Information. We retain personal information only for as long as is reasonably necessary to fulfil the purpose for which it was collected. However, if necessary, we may retain personal information for longer periods of time, until set retention periods and deadlines expire, for instance where we are required to do so in accordance with legal, tax and accounting requirements set by a legislature, regulator or other government authority.

To determine the appropriate duration of the retention of personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information and if we can attain our objectives by other means, as well as our legal, regulatory, tax, accounting and other applicable obligations.

Therefore, we retain personal information for as long as the individual continues to use our Services for the purposes explained in this Privacy Policy. In particular, we will retain their personal information for as long as necessary to comply with our legal obligations, to resolve disputes and defend claims, as well as, for any additional purpose based on the choices you have made, such as to receive marketing communications. We will retain personal information supplied when joining our services, including complaints, claims and any other personal information supplied during the duration of an individual’s contract with us for the services until the statutory limitation periods have expired, when this is necessary for the establishment, exercise or defense of legal claims.

Notice to Nevada Residents

If you are a resident of the State of Nevada in the United States, Chapter 603A of the Nevada Revised Statutes permits Nevada residents to opt out of potential future sales of certain covered information that a website operator has collected or will collect about you. To exercise this right, please contact us:

• By phone at (617) 330-5700.
• Email at privacy@risk-strategies.com.