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PRIVACY POLICY FOR RMS.COM WEBSITE

Last Updated: December 19, 2019

Risk Management Solutions, Inc. ("RMS", "we", "our", "us") is committed to protecting and respecting your privacy. We are a California corporation, with our principal office located at 7575 Gateway Boulevard, Suite 300, Newark, California 94560. This policy applies to www.rms.com and other websites ("Websites") owned and operated by RMS, and to the online services ("Services") available to our customers through certain restricted portions of our Websites.

If you are an RMS customer, you may have access to software or functions in restricted areas of our Websites that permit you to input information regarding your clients or insureds. The treatment of such information is governed by your (or your employer's) agreement with RMS permitting you to use the applicable software or functions. In addition to the terms of any agreement, it is your responsibility to ensure that you have the authority to input such information and that you are doing so in accordance with your (or your employer's) agreement with RMS and any applicable laws and regulations, including privacy and data protection laws and regulations.

Your use of our Websites and the Services is also subject to the Terms of Use.

Personal Data:

Under the General Data Protection Regulation (“GDPR”), we act as a "Processor" for the Services we provide. We function as a “Controller” when we send marketing materials or communications to potential or existing clients ("Marketing Activities") in accordance with applicable law.

When you visit an RMS Website or use our Services, we may collect Personal Data as described below. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

In some cases, we will ask for your consent so that we may process your Personal Data. For example, we will request your consent before we collect your Personal Data for direct marketing purposes.

However, in other circumstances, data protection laws allow us to process your Personal Data without needing to obtain your consent. For example, we might process your Personal Data:

  • To perform our contract obligations to you and your employees on whose behalf you have obtained the necessary consents, including providing you with our Services, fulfilling orders or requests you have made, contacting you in relation to any issues with your orders or use of our Services, or where we need to provide your Personal Data to our service providers related to the provision of the Services.
  • To comply with legal obligations, including laws, regulations, court orders or other legal processes
  • To pursue a legitimate interest, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of Personal Data. Legitimate interests may include:
    • To communicate with you regarding the Website or Services, including to provide you with important notices regarding changes to our operations and to address and respond to your requests, inquiries, and complaints.
    • To assist in the investigation of suspected illegal or wrongful activity, and to protect and defend our rights and property, or the rights or safety of third parties.
    • To develop, provide, and improve our Services.
    • To enforce our Terms of Use, license agreements, or this Privacy Notice, or agreements with third parties.

1. WHAT TYPES OF INFORMATION DOES RMS RECEIVE?

RMS receives Personal Data from you when you visit our Websites and Services. This might include information such as your name, e-mail address, or telephone number that you submit to us via our “Contact Us” function, and other information that we automatically collect when you visit our Websites and use our Services, as described below. The information you provide to RMS may include the following:

  • Your login ID when you access and use the client area of a Website limited to registered users (the “Services”);
  • First and last name, email address, job title, phone number, company name, country and your specific questions or comments when you:
    • register for a RMS event, such as our client conference
    • contact us to learn more about our products and services
    • ask us a question or send feedback using RMS contact information available on a Website
    • provide feedback or reply to a blog post
    • when our Website directs you to a third party's website to complete a transaction, such as a website that processes your registration and credit card information for an RMS event.
  • First and last name, email address, resume or cv, phone number, location, referral source and any information provided in your cover letter and LinkedIn profile when you apply for a job via the "Careers" section of the Website; or

When you visit our Websites or use our Services, we also automatically collect and store certain information, including your browser type your IP address or device ID, operating system, the pages you access on the Websites or Services, the time spent on those pages, access dates and times, location data, and the page you visited before coming to our site. We use this information to monitor, analyze and administer the Websites and Services, and to better tailor them to your needs. On the Website, we also use this information to select content to display to you.

Cookies
To collect information this information, we use cookies. A cookie is a small data text file which a website stores on your computer's hard drive, if permitted by your web browser. A cookie can later be retrieved to identify you to us. We use cookies for the limited purposes of enhancing your visit to our Website and to enable us to track usage so that we can improve the Website and our offerings to you.

Pixel Tags
A pixel tag (also known as a "clear GIF" or "web beacon") is a tiny image – typically just one-pixel – that can be placed on a web page or in an email to you, to tell us when you have displayed that page or opened that email.

We use third parties to collect, track and analyze this information and statistical information from users, such as the user's browser type, operating system, browsing behavior and demographic information. We use this information for analytics, to select which content to display based on your network context, and for purposes of our remarketing. 

A list of companies that use cookies on our Websites is included in our Cookie Policy. The list includes a description of what services third parties perform on our Websites, the types of data they collect, and a link to applicable privacy documents from those parties. You should note, however, that the parties listed in our Cookie Policy may also dynamically redirect to other third parties, not listed in our Cookie Policy, for purposes such as interest-based advertising.

In addition, when you use the Internet, third parties such as web analytics companies and social networking platforms may collect information about your online activities over time and across ours and other websites. This information may be used to provide advertisements for products and services that may interest you, and those companies may use cookies, clear GIFs and other tracking technologies.

Most browsers have settings that allow you to block certain types of cookies and also allow you to delete cookies. To learn more about browser cookies, including how to manage or delete them, look in the "Tools", "Help", "Settings", "Internet Options" or similar section of your web browser.

For more information about third-party advertisers and how to prevent them from using your information, or to opt out of certain tracking, visit the NAI’s consumer website at http://www.networkadvertising.org/choices or http://www.aboutads.info/choices/. If you choose to opt out using these tools, you need to opt out separately for each of your devices and for each web browser (such as Internet Explorer, Firefox or Safari) that you use on each device.

2. DO NOT TRACK

Some web browsers give the ability to prevent tracking of your online activity by setting a preference in your browser alerting websites you visit that you do not want them to track your online activities. This is referred to as a Do Not Track ("DNT") signal. This is different than blocking or deleting cookies, as browsers with an enabled DNT Signal may still accept cookies.

Please note that our Websites and Services may not recognize or take action in response to DNT signals from your browser.

3. HOW DO WE USE THE INFORMATION WE COLLECT?

In general, we use your Personal Data to complete the transaction that you have requested from us. For example, we will use your Personal Information to:

  • Deliver, maintain, monitor, protect and assess our Websites and Services and to enhance your experience
  • Communicate with you in response to your requests;
  • Establish or verify your identity when you register for the Services;
  • Respond to you about your job application;
  • Register you for an event which you have selected;
  • Address the question or feedback which you have sent to us; and
  • Enforce our Website and Services Terms of Use.

4. WITH WHOM DO WE SHARE THE PERSONAL DATA WE RECEIVE ABOUT YOU?

RMS does not sell your Personal Data to anyone. Nor do we provide your Personal Data to non-RMS parties to market non-RMS products to you. RMS will share your Personal Data with the following categories of recipients:

  • RMS employees, contractors and consultants (including employees, contractors and consultants of RMS subsidiaries and affiliated companies), in the United States, the European Economic Area (EEA) and India, who have a need to know your Personal Data to provide RMS services and information to you;
  • Our third-party vendors, consultants and other service providers who assist RMS with the operation of the Websites and Services when they require access to such information to provide the services for us. This may include cloud computing companies, cloud communication platform as a service (PaaS), web analytics services, employment-related service providers, event registration and planning services, customer relationship management applications, social networking services and mailing and emailing services, hosting, analytics and search engine providers such as Google Analytics that assist us in the improvement and optimization of the Website.

When you submit a comment on one of our blog posts, your comments and any personal information that you include in that comment will be shared with other visitors to that Website.

RMS will also disclose your Personal Data if we are required to do so by law, to enforce our Terms of Use, or in urgent circumstances to protect personal safety, the public, or our Website, as permitted by law or as otherwise required by law.

We will also disclose your Personal Data to third parties in the event that we sell any business or assets, in which case we will disclose your data to the prospective buyer of such business or assets or if we sell all or substantially all of our assets or are acquired by a third party, in which case information held by us about our users will be one of the transferred assets, however it will remain protected in accordance with this privacy policy.

5. WHERE DO WE STORE YOUR PERSONAL DATA?

If you are located outside of the United States, you should be aware that the Websites and Services are hosted in the United States, and your information will be transferred to, processed and stored in the United States, the EEA and Australia. It may also be processed by staff operating outside of your country, who work for us or one of our third party service providers.

Wherever the data is, it will be treated securely and in accordance with this Privacy Policy and applicable privacy laws in North America and the EU. These laws may be different from the privacy laws in your country, and may not always provide the same level of protection for your information. However, that does not change our commitment to safeguard your privacy, and we will comply with all applicable laws related to the cross-border data disclosure of your personal information. Where required to transfer your Personal Data within the RMS group and to our partners we will implement binding corporate rules and Standard Contractual Clauses. A copy of the Standard Contractual Clauses may be obtained on your request by emailing us at privacy@rms.com.

6. HOW DOES RMS PROTECT YOUR PERSONAL DATA?

RMS protects your Personal Data by maintaining commercially reasonable, industry standard physical, electronic and procedural safeguards. For example, we use computer safeguards such as firewalls and data encryption. In addition, we only allow employees to access Personal Data only when required to fulfill their job responsibilities. The Internet, however, is not perfectly secure, and we are not responsible for security incidents not reasonably foreseeable or reasonably within our control.

7. HOW LONG DO WE STORE YOUR PERSONAL DATA?

We will retain your Personal Data for as long as necessary to provide access to the Websites and Services to you or as long as legally permissible in accordance with applicable law, including as necessary to comply with our legal obligations, resolve disputes, enforce our agreements, as well as to comply with applicable industry standards, and in accordance with disaster recovery procedures. As such, retention periods vary depending on the type of Personal Data and how it is used. For example, if you contact us via email we will keep your data for three years after such contact; and we will also retain the information we automatically collect when you visit our Website and Services for three years.

8. YOUR RIGHTS

In certain circumstances, when we are acting as a controller, you have rights related to the Personal Data we hold about you. Below is an outline of those rights and how to exercise those rights. Please note that we will require you to provide adequate proof of your identity before responding to any requests to exercise your rights. To exercise any of your rights, please email privacy@rms.com. Please note that for each of the rights below we may have valid legal reasons to refuse your request. In such instances we will let you know if that is the case. In addition, the rules in your country may provide you with additional rights or may limit the rights noted below. In all cases, we will comply with the applicable laws.

  • Access: You may have the right to know whether we process Personal Data about you, and if we do, to access data we hold about you and certain information about how we use it and who we share it with.
  • Correction: You may have the right to require us to correct any Personal Data held about you that is inaccurate and have incomplete data completed.
  • Erasure: Under certain circumstances, you may have the right to request that we erase the Personal Data we hold about you.
  • Restriction of Processing to Storage Only: Under certain circumstances, you may have a right to require us to stop processing the Personal Data we hold about you other than for storage purposes.
  • Objection to Processing: Under certain circumstances, you may have the right to object to our processing of data about you on grounds related to your particular situation, and we can be required to no longer process your Personal Data.
  • Withdrawal of Consent: Where you have provided your consent to us processing your Personal Data, you can withdraw your consent at any time by emailing privacy@rms.com.
  • Objection to Marketing: At any time you have the right to object to our processing of data about you in order to send you promotions, special offers and other marketing materials, including where we build profiles for such purposes, and we will stop processing the data for that purpose. You can object to processing of your data for marketing purposes at any time by emailing privacy@rms.com

For California Residents:

California residents have certain rights with respect to their personal information, as described below. Before we may fulfill your requests, we are required by law to verify your identity in order to prevent unauthorized access to your data. This may require us to request that you provide us with certain data to utilize as part of our verification process.

  • Right to Opt-Out of Sale of Your Personal Information: CCPA considers certain uses of personal information, such as sharing your personal information with a third party in order to serve ads to you to be a “sale.” You may request to opt-out of that use of your information by using the methods provided below or via this form.
  • Right to Know and Access Information: You may access information we maintain about you using the methods provided below. If we grant your request, we will provide you with a copy of the personal information we maintain about you in the ordinary course of business. This may include what personal information we collect, use, or disclose about you. We may not fulfill some or all of your request to access as permitted by applicable law.
  • Deletion of Information: You may request that we delete your personal information. Depending on the scope of your request, we may refrain from granting your request, as permitted by applicable law. For example, we may be legally required to retain your information in our business records. You may submit a deletion request using the methods provided below.
  • Authorized Agent:California residents may use an authorized agent on their behalf to exercise a privacy right discussed above.  If you are an authorized agent acting on behalf of a California resident to communicate with us or to exercise a privacy right discussed above, you must be able to demonstrate that you have the requisite authorization to act on behalf of the resident and have sufficient access to their laptop, desktop, or mobile device to exercise these rights digitally.If you are an authorized agent trying to exercise rights on behalf of a Site user, please contact us at the contact information below with supporting verification information, which includes a valid Power of Attorney in the State of California, proof that you have access to the consumer’s interface, and proof of your own identify.
  • To Exercise Your Rights: To exercise the rights described above, please go here or contact us using the information below. Should you have any questions or concerns regarding your California rights or this privacy policy, you may contact us using the contact information below.

    If you are a customer, go to RMS OWL and Support 800#.
    If you are not an RMS customer, please contact us at:
    7575 Gateway Blvd., Suite 300
    Newark, CA 94560
    Attn: Legal
    877.767.0266

Please note that your exercise of the above rights is subject to certain exemptions to safeguard the public interest (e.g., the prevention or detection of crime) and our interests (e.g., the maintenance of legal privilege). We will try to comply with your request as soon as reasonably practicable.  Requests to exercise these rights may be granted in whole, in part, or not at all, depending on the scope and nature of the request and applicable law.  Where required by applicable law, we will notify you if we reject your request and notify you of any reasons we are unable to honor your request.

  • Non-discrimination:We shall not discriminate or otherwise penalize anyone for exercising their rights under this Privacy Policy.
Categories of Personal Information we collect
  • Internet or other electronic network activity information regarding your interaction with our Site.
  • Identifiers such as an online identifier, device identifier or Internet Protocol address
  • Geolocation data
  • Inferences drawn from the information you provide to create a profile reflecting your preferences, characteristics, behavior, attitudes, and abilities.
  • Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

When you participate in certain optional features, such as to register for an event, contact us to learn more, ask a question or send feedback or complete a transaction with one of our service providers we collect:

  • Identifiers such as your first and last name, email address, job title, phone number, company name, country and your specific questions or comments
  • Categories of personal information described in subdivision (e) of California Business and Professions Code Section 1798.80 are your name and telephone number

When you apply for a job via the Careers section of the Website we collect:

  • Identifiers such as your first and last name, email address, resume or cv, phone number, location, referral source and any information provided in your cover letter and LinkedIn profile;
  • Categories of personal information described in subdivision (e) of California Business and Professions Code Section 1798.80 you’re your name, address, telephone number, education, employment, employment history
Categories of sources from which the Personal Information is collected  We collect the Personal Information directly from you and from third party marketing analytics firms.
Business or commercial purpose for collecting or selling Personal Information

We collect your Personal Information to provide the Website and Services and for the following business purposes

  • Performing services in including maintaining our Website and Services and providing customer service.
  • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
  • Debugging to identify and repair errors that impair existing intended functionality. 
  • Sending you marketing information. 
  • Auditing related to a current interaction such as counting ad impressions to unique visitors and verifying positioning and quality of ad impressions. 
Categories of third parties with whom we share Personal Information  We share your Personal Information with advertising, social media and analytics partners to personalize our content and the advertising you see on this and other sites, and to understand how our site is used.    
Specific pieces of Personal Information we have collected 
  • Your login ID and password when you access and use the Services as a registered user; 
  • First and last name, email address, job title, phone number, company name, country and your specific questions or comments when you:
    • register for RMS event, such as a conference or webinar 
    • contact us to learn more about our products and services 
    • ask us a question or send feedback using RMS Contact Us function available on a Website 
    • provide feedback or reply to a blog post
    • when our Website directs you to a third party's website to complete a transaction, such as a website that processes your registration and credit card information for an RMS event.
  • First and last name, email address, resume or cv, phone number, location, referral source and any information provided in your cover letter and LinkedIn profile when you apply for a job via the "Careers" section of the Website.
  • Your IP address and device ID

9. SOCIAL MEDIA FEATURES AND WIDGETS

Our Websites includes social media features and widgets which allow you to share articles from our websites. These features are usually recognizable by their third party brand or logo and may collect your IP address, and set a cookie to enable the feature to work properly. These social media features and widgets may provide information to their associated social networks or third parties about your interactions with our web pages that you visit, even if you did not click on or otherwise interact with the social media feature or widget. Information is transmitted from your browser and may include an identifier assigned by the social network or third party, information about your browser type, operating system, device type, IP address and the URL of the web page where the feature appears. These social media features and widgets are hosted by social media companies that have their own privacy policies and we encourage you to read them. Your interactions with these features are governed by the privacy policy of the company providing it.

10. HOW CAN YOU CONTACT RMS ABOUT YOUR PERSONAL DATA?

Please contact us at privacy@rms.com with any questions about this Privacy Policy, for information about how to exercise your rights in relation to this privacy policy, for information about the balancing test that we use to consider data use for our legitimate interests or for the following:

Opting Out of Communications: From time to time you will receive an e-mail or other communication from us regarding RMS products, services or information which we believe to be of interest to you. If you are not interested in receiving this information, you may follow the instructions in the communication explaining how you may be removed from our distribution list. Alternatively, or if there are no instructions in the communication, you may send an e-mail to privacy@rms.com requesting removal from our distribution list. We will endeavor to take prompt action to process your request.

Complaints: In the event that you wish to make a complaint about how we process your Personal Data, please contact us at privacy@rms.com and we will endeavor to deal with your request as soon as possible. This is without prejudice to your right to raise a complaint with the data protection supervisory authority in the EU country in which you live or work where you think we have infringed data protection laws.

California Residents: If you are a resident of California, you may request certain information regarding our disclosure of personal data (if any) for marketing purposes. To make such a request, please contact us at privacy@rms.com

11. WILL THIS PRIVACY POLICY CHANGE?

RMS reserves the right to modify, amend, add to, replace or remove this Privacy Policy at any time. When we do, we will post a notice in the Websites or Services, or otherwise as required by law. Should we make material changes impacting the Services, we will notify our client contact of record and obtain any consents required under applicable law. Unless otherwise noted, changes to this privacy policy will be effective when posted. You are advised to check the Privacy, Terms of Use and Legal links on the Website for updates whenever you visit the Website.

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