CCPA Disclosure

Effective January 1, 2020

This Privacy Policy and Notice for California Residents (this “Notice”) supplements the information contained in the Privacy Policy and Notice (“Privacy Policy”), and is provided by EM Benefits and its subsidiaries (in total, “EM Benefits”, “we”, “us” or “our”) in a manner consistent with applicable law.

In this Notice we provide information for California residents, as required by the California Consumer Privacy Act (“CCPA”), about how we collect, use, receive, and disclose their Personal Information. This Notice also explains certain rights that California residents have under the CCPA and how residents of California can exercise such rights. The CCPA, and accordingly this Notice, apply solely to residents of the State of California.

1. Categories of Personal Information Collected and Disclosed

For purposes of this Notice, “Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household.

  • Personal Information in the context of the CCPA and this Notice does not include:
  • Publicly available information made lawfully available by federal, state, or local government records;
  • Personal Information that is subject to an exemption under Section 1798.145(c) – (f) of the CCPA, and thereby excluded from the CCPA’s scope, such as protected health or medical information that is subject to and covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the California Confidentiality of Medical Information Act (“CMIA”), and non-public information subject to the Gramm-Leach-Bliley Act (“GLBA”) or the California Financial Information Privacy Act (“FIPA”); and
  • Deidentified or aggregated consumer information.

We have collected the following categories of Personal Information from consumers within the last twelve (12) months:

  • Identifiers potentially including, without limitation, a Consumer’s real name, alias, address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, Social Security number, driver’s license number;
  • Personal Information Categories listed in the California Customer Records Statute (Cal. Civ. Code. Section 1798.80(e)) potentially including, without limitation, a Consumer’s name, signature, Social Security number, driver’s license number, passport number, employee identification numbers, insurance policy number, bank account number, as well as medical and health information for insurance related purposes;
  • Protected Classification Characteristics under California or federal law potentially including, without limitation, a Consumer’s race, color, sex, age (40 years or older), religion, national origin, disability, citizenship status, and genetic information or ancestry;
  • Commercial Information potentially including, without limitation, a Consumer’s records of personal property, products or services purchased, and transaction histories;
  • Internet or other similar network activity potentially including, without limitation, a Consumer’s information regarding interaction with our website, applications, or advertisement;
  • Professional or Employment Related potentially including, without limitation, a Consumer’s current and past job history, education information.

The Personal Information we collect, use, receive, or disclose about a specific California resident depends on our relationship and interaction with that individual, and the type of service we are providing. The categories listed above are the general categories of Personal Information about California residents that we collect and disclose for a business purpose. In the preceding twelve (12) months, we have disclosed all of the categories of Personal Information as noted above for the business purposes described above. We will disclose Personal Information for a business purpose only to service providers, or, where required by law, or in response to valid legal process compelling disclosure.

We do not and have not sold Personal Information in the preceding twelve (12) months.

2. Sources of Personal Information

We obtain the categories of Personal Information listed above from the following categories of sources:

  • Directly from you – from insurance applications, from any form you may complete and submit through our website, or in connection with your other communications with us;
  • From third parties – from insurance carriers, other industry service providers, other third parties with which you maintain a relationship, such as an employer or financial service or medical or health providers; and
  • Through our website and use of “cookies”.

3. Why We Collect Personal Information and How We Use It

The purposes for which we collect, use, receive, and disclose Personal Information depend on, among other things, our relationship or interaction with a specific California resident, and the type of service we are providing. We may use or disclose your Personal Information for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information and to perform services on your behalf;
  • To support our business operations, including to meet risk, legal, and compliance requirements;
  • To comply with, or exercise rights under, applicable law;
  • To manage, improve, and develop our business; or
  • To evaluate or effect a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, in which Personal Information held by us about our customers is among the assets evaluated or transferred.

We may also disclose your Personal Information for the following reasons:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request;
  • To detect and record security and network incidents
  • To enforce or apply our terms of use and other agreements, including for billing and collection purposes; and
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of EM Benefits, our customers or others.

We do not sell your personal information to third parties, other than in connection with a merger, sale, or other transfer of organizational assets where Personal Information held by us about our clients is among the assets transferred.

4. Categories of Third Parties with Whom We Share and Disclose Personal Information

We generally share your Personal Information to perform services on your behalf and to provide you with the insurance products and services you expect from us. We may disclose your personal information to a third party for a business or legal purpose. We share your personal information with the following categories of third parties:

  • Service providers;
  • Insurance carriers and other industry service providers;
  • Other third parties with which you or we maintain a relationship regarding your insurance;
  • Government agencies including to support regulatory and legal requirements;
  • Outside companies or organizations, in connection with routine or required reporting, including consumer reporting agencies and other parties; and
  • Affiliates.

5. Requests by California Residents

The CCPA provides California residents with certain and specific rights regarding their Personal Information and imposes restrictions on particular business practices.

  • Right to Know about Personal Information Collected or Disclosed: you have the right to request that we disclose certain information to you about our collection and use of your Personal Information during the twelve (12) month period preceding the request. In response to such verifiable request, we will disclose to you:
    • The categories of Personal Information we collected about you;
    • The categories of sources from which we collected the Personal Information;
    • The business or commercial purpose for collecting Personal Information from you;
    • The categories of third parties to whom we disclosed Personal Information about you, and the categories of Personal Information disclosed;
  • Right to Request Deletion of Personal Information: you have the right to request that we delete any of your Personal Information that we collected from you and retained. In response to the receipt and confirmation of your verifiable Deletion Request, we will delete your Personal Information from our records, unless an exemption applies. We may deny a Deletion Request for reasons described in the CCPA. For example, we will not delete Personal Information when it is necessary to maintain that Personal Information to comply with a legal obligation, or to complete a contract or transaction for which the personal information was collected.

6. Non-Discrimination

The CCPA prohibits discrimination against residents of California for exercising their rights provided to them pursuant to the CCPA. We will not discriminate against you for exercising any of your CCPA rights.

Discrimination may exist where a business denies or provides a different level or quality of goods or services, or charges (or suggests that it will charge) different prices, rates, or penalties on residents who exercise such rights afforded to them by the CCPA, unless doing so is reasonably related to the value provided to the business by the residents’ data.

7. Submitting Requests

To exercise the rights described above, residents of California may submit “Right to Know” and “Right to Delete” requests by: 

We will only respond to verifiable requests received from California residents as required by law. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. To designate an authorized agent, please contact us at the phone number and/or email address included above.

Verifiable consumer requests must (i) provide sufficient information as we may reasonably request to allow us to reasonably verify you are the resident of California about whom we collected Personal Information or an authorized representative of such resident, including personal and/or commercial identifiers such, and (ii) describe your request with sufficient detail to allow us to properly evaluate your request and respond to it.

We will respond to a verifiable consumer request within the time periods provided by law. Please note, however, that requests will be denied if we cannot verify the identity of the consumer making the request.

Any disclosures we provide in response to such verifiable consumer requests will only cover the twelve (12) month period preceding the receipt of such request.

For more information about our privacy policies, you may contact us as set forth in the Contact Information section above. California residents may make a Request to Know up to twice every twelve (12) months.

8. Changes to this Notice

We may modify or update this Notice periodically. When we do, the latest version of this Notice will be posted on this webpage indicating when the Notice was “Last Updated”.