PLEASE READ THESE TERMS OF USE CAREFULLY
BEFORE USING THE SITE OR APP ON YOUR DEVICE
These Terms of Use (these “Terms”) constitute a legal agreement between you and Warner Pacific Insurance Services, Inc. (“Warner Pacific,” “us,” “our,” or “we”) in respect of your use of the warnerpacific.com website (the “Site”), and/or the Warner Pacific mobile application (the “App”, and collectively with the Site and the contents thereof, the “Services”).
By accessing the Services or downloading and installing the App onto your device you agree to these Terms. If you do not agree to these Terms, we do not grant you permission to use the Services, you must not use them, and you must uninstall the App from your device. We may immediately terminate these Terms, the Services, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
WARNER PACIFIC PREPARES QUOTES AND COMPARISONS BASED ON THE INFORMATION PROVIDED BY YOU AND THE APPLICABLE INSURANCE COMPANY. WARNER PACIFIC DOES NOT INDEPENDENTLY VERIFY AND DOES NOT GUARANTEE THE ACCURACY OF THE INFORMATION CONTAINED IN OUR TOOLS AND THEIR ASSOCIATED OUTPUT. YOU ARE ALONE RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL INFORMATION, INCLUDING BUT NOT LIMITED TO, INSURANCE RATES AND BENEFITS.
FINAL RATES, BENEFITS, PRODUCT OFFERINGS, ELIGIBILITY, AND ACCEPTABILITY ARE DETERMINED BY THE APPLICABLE INSURANCE COMPANY.
By agreeing to these Terms, you expressly agree to the arbitration of all Disputes (as defined below) as further described in this paragraph and in Section 14.3 below. Any controversy, allegation, or claim that arises out of or relates to the Services, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation, or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the foregoing arbitration provisions will remain in force.
1. YOUR ACCESS TO THE SERVICES
Your use of the App under these Terms is also subject to any terms, rules or policies of any app store provider and/or operator from which you have downloaded the App (“App Store Provider”). In the event of any conflict between these Terms and any App Store Provider terms, the App Store Provider terms will prevail. You and we acknowledge and agree that, if you have downloaded the App from the Apple AppStore, Apple and Apple’s subsidiaries are third party beneficiaries under these Terms and Apple will have the right to enforce these Terms against you directly.
We and our service providers are responsible for any maintenance and support of the App and you acknowledge that any App Store Provider from which you download the App is not under any obligation to you to carry out any maintenance and/or support for the App itself.
These Terms apply to the Services including any updates or supplements to the Services, unless they come with separate terms, in which case those terms apply. We may change these Terms at any time and will notify you of a material change when you next access the Site or start the App, or we may also email you about any material changes to these Terms. The new terms may be displayed on-screen and you may be required to agree to them to continue your use of the Services. The date these Terms were last updated appears at the bottom of these Terms.
From time-to-time we may issue updates to the Services. Depending on the update, you may not be able to use the App until you have downloaded and installed the latest version of the App and accepted any new terms. Some updates may not be available to certain device models. In order to use the App, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that (a) the device you use to access the Services will require certain software in order for the Services to work correctly and it is your responsibility to ensure that you have the required up-to-date software, (b) the Services have not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that the functionality of the Services meets your requirements, and (c) you are responsible for obtaining the data network access, and the required device necessary (including any associated costs or fees) to use the Services and any updates thereto. Warner Pacific does not guarantee the Services will function on any particular network or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You may only access the Services or download and install the App onto a device that you own, or if you do not own the device, you must have permission from the owner(s) to do so. You accept responsibility under these Terms for the use of the Services, whether or not you own the device on which the Services are used, or onto which the App is downloaded and installed. You also acknowledge that the owner(s) of the device on which the Services are used, or onto which the App is installed, may be charged by any relevant mobile network operator and/or Internet service provider in relation to any data and/or mobile connectivity used by the Services.
Access to the Services may be suspended temporarily and without notice (i) in the case of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.
Access to the Services is limited to the United States.
2. PERMITTED USE AND RESTRICTIONS
Subject to your compliance with all of these Terms, we grant you a non-transferable, non-sublicenseable, non-exclusive, revocable, limited license to use the Services solely for your personal, non-commercial purposes. We reserve all other rights, which are not granted in these Terms. You may download and install the App through authorized App Store Providers only, and you may view, use and display the App for your personal purposes only.
In order to use the Services, you must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age to register for an Account. Unless otherwise permitted by Warner Pacific in writing, you may possess only one Account. You are solely responsible for maintaining accurate, complete, and up-to-date information in your Account which must reflect your personal information, and you are solely responsible for saving or otherwise backing-up any data within the Services as Warner Pacific is not responsible for any loss of data.
You can delete your Account by emailing us as detailed below. You acknowledge that canceling your Account alone does not delete all of your information from our servers, and you may be able to reactivate your Account.
Except as explained in these Terms, you shall not (and shall not permit any third party to): (i) copy the Services, (ii) rent, lease, sublicense, loan, translate, merge, adapt, republish, post, display, distribute, vary or modify the Services (or any part of them), (iii) attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services, (iv) remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices, or (v) provide, sell, or otherwise make available the Services in whole or in part in any form to any person without our prior written consent.
You must not use (or permit a third party to use) the Services: (A) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services or any operating system used by the Services, or in any defamatory, threatening, obscene or harassing manner, (B) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users, (C) to collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services, (D) via use of a robot, spider, or other automated device, to monitor or copy the Services or any information provided by the Services, (E) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (F) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
Nothing within the Services, nor the proposals or any other materials they generate, should be deemed a contract for coverage or a solicitation of an application for coverage. You may not be eligible for all of the insurance products or services described in the Services, even if you received an insurance quotation from the Services. The insurance quotations obtained by use of the Services do not constitute an offer of insurance and are subject to the approval of the respective insurance providers. No contract for the provision of a policy of insurance is formed by the use of the Services. Warner Pacific does not have the authority to bind and/or approve any application for coverage.
3. SUBMISSIONS
With respect to any information or materials that you submit to us, including but not limited to any feedback or suggestions you provide to us regarding the Services (“Submissions”), you acknowledge and agree that: (a) such Submissions will be considered non-confidential and non-proprietary, (b) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose such Submissions in connection with making the Services available to third parties and performing the functionality of the Services, in any media now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights, (c) we may have something similar to the Submissions already under consideration or in development, and (d) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.
Warner Pacific shall not be subject to any obligations of confidentiality regarding any Submissions except as specified in these Terms or the Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed to or required by law.
4. SECURITY AND PASSWORDS
You are solely responsible for keeping your password and any other authentication information confidential, and agree to be responsible for all activities that occur under your Account or password. You must not disclose it to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must notify us immediately using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorized use of the Services through no fault of our own.
We have the right to disable any password, or other authentication information whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
5. PRIVACY
These Terms also incorporate the terms of our privacy policy (as updated from time-to-time), which is available from within the Services (the “Privacy Policy”). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings). By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (a) the processing of your personal information as explained in the Privacy Policy and (b) the collection of information from your device as explained in the Privacy Policy.
By agreeing to these Terms or using the Services, you agree to receive communications from us, including via email, call, and push notifications. Communications from us may include responses to your inquiries, or operational communications concerning your Account, your secure access, or other use of the Services, including marketing purposes.
Client-specific information that is entered into and generated by this system, including online and/or printed proposals, are confidential and, with the exception of Warner Pacific personnel and other parties authorized by Warner Pacific, may only be accessed by the user from whom the information originated. If you have received a proposal in error, please contact Warner Pacific at solutions@warnerpacific.com and either delete, destroy, or return the proposal to Warner Pacific immediately.
6. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Services, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, sequence, structure, organization, code, and all content in the Services and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Warner Pacific, protected by intellectual property laws. You acknowledge that rights in the Services are licensed (not sold) to you, and that you have no rights in, or to, the Services other than limited license granted in Section 2 above. Any use of our intellectual property beyond the scope of this license is prohibited.
In the event that anyone brings a claim that the Services or any part of them, or your possession and/or use, infringes a third party’s intellectual property rights, we (and not any Third Party App Store Provider, including without limitation Apple) shall be responsible for the investigation, defense, settlement and discharge of any such claim.
You also agree not to use any non-public technical, financial, or strategic information or other proprietary or confidential information relating to our business, operations and properties (collectively, “Confidential Information”), disclosed to you by Warner Pacific for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any such Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of Confidential Information.
7. THIRD PARTY SITES AND SERVICES
The Services may contain links to or allow you to share content directly with other third party services (“Third Party Services”). You acknowledge that we have no control over Third Party Services and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content or other material contained in Third Party Services and we have no association with their operators. Your use of Third Party Services will be governed by their terms and conditions and privacy policies (if any) (“Third Party Terms”). It is your responsibility to read and comply with all Third Party Terms.
8. NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CA CIVIL CODE SECTION 1789.3
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
9. INDEMNITY
You agree to defend, indemnify and hold us and our parents, affiliates, subsidiaries, and their respective business partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs), arising out of or in connection with: (a) your use of the Services; (b) your breach or violation of any of these Terms or any related or subsequent agreements, by you, your affiliates and subsidiaries, their respective employees, or anyone authorized to act on your behalf; (c) your violation of the rights of any third party, including via any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (d) any service provided or performed or agreed to be performed or any product sold by you or your employees, clients, or assigns, (e) any negligence or willful misconduct by you or your affiliates or subsidiaries, or the respective employees or agents of such entities, or anyone else authorized to act on your behalf; (f) any injury to person or property caused by any products sold or otherwise distributed in connection with the Indemnified Parties, or services provided by the Indemnified Parties; (g) any claim or allegation that your services or products violate any law, ordinance, rule, statute, or regulation of any jurisdiction; (h) any claims from your employees, agents, independent contractors, sub-contractors, and/or suppliers with respect to any lien for nonpayment of services or materials; or (i) any defective product which you sold while using Warner Pacific.We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
10. WARRANTY DISCLAIMER
WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content in the Services is accurate, complete or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations and other terms, which may apply to the Services, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of third parties with respect to the Services and all information and content included within the Services.
No information or advice obtained through the Services, or any affirmation by us, by words or actions, shall constitute a warranty. Warner Pacific makes no warranties or representations related to the information or the accuracy thereof, contained on the Services and disclaim all liability for errors or omissions in the information presented. For a complete description of benefits, limitations, exclusions, and participation requirements, interested parties are strongly advised to contact the insurance company or issuer of coverage directly. Among other things, offers of coverage and determination of final rates and benefits all remain the exclusive authority of the insurer and/or issuer of the policy.
Certain assumptions may have been made in the development of our proposals, including, but not limited to, industry classification, dependent status, employee zip codes, and employer/employee premium contributions. The assumptions used, if any, in the development of our proposals may not be correct and may cause the final rates and benefits to differ from those in the proposals. For a variety of reasons, including miscommunication and/or data entry errors (including those made by Warner Pacific personnel), rates and benefits generated by the Services may be inaccurate. These and other factors may also cause the final rates and benefits to differ from those included in a proposal. Use of the Services is deemed an acknowledgement by the user of his/her understanding and acceptance of the fact that responsibility for the accuracy of census information, rate calculations, and all other documents in the proposals rests solely with the user, regardless of who entered the data (including an employee of Warner Pacific).
Warner Pacific makes no warranties or representations related to the accuracy of any medical provider information contained within the Services or any other Third Party Services that are linked to our Services. These medical provider lists may not be accurate, should not be relied on, and should not be the final say for determining which plan and/or provider network is the most suitable choice for someone. Medical providers should be contacted directly for confirmation of their participation within an insurance plan and/or network.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you. In such jurisdictions, if there is a breach of warranty with respect to the App, you may notify Apple if you purchased the App from Apple, and Apple will refund the purchase price for the App, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation or liability whatsoever.
11. LIMITATION OF LIABILITY
USE OF THE SERVICES AND ALL CHALLENGES TAKEN, ARE AT YOUR OWN RISK. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICES OR THESE TERMS, HOWSOEVER ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF WARNER PACIFIC, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole remedy for dissatisfaction with the Services including, without limitation, content on the Services, is to stop using the Services. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third party or conduct of a third party on the Services.
We only provide the Services for domestic, informational, personal and private use. You agree not to use the Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Services or under these Terms whether in contract, tort (including negligence), strict liability or otherwise, shall not exceed One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Services must be brought to us (and not the App Store Provider) and must be brought within one year after such claim or cause of action arises or be forever barred.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WARNER PACIFIC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE CHOICE OF LAW PROVISION SET FORTH BELOW.
12. TERMINATION
We may terminate these Terms, deactivate your Account, and/or your permission to use the Services immediately, without prior notice or liability, if (a) you commit any breach of these Terms, (b) we discontinue the Services, or (c) we are prevented from providing the Services for any reason.
Furthermore, we reserve the right to change, edit, suspend, delete and/or cancel any part of the Services and/or your access to it at any time with or without notice to you: (i) if required by law, (ii) due to an event beyond our control, or (iii) as a result of changes, cancellations or revocation of approval by any applicable App Store Provider.
On termination of these Terms for any reason: (w) all rights granted to you under these Terms will cease immediately, (x) you must immediately cease all activities authorized by these Terms (including your use of the Services), (y) you must uninstall and remove the App from your device(s), and (z) you acknowledge that we may restrict your access to the Services and/or remove the App from your device. Sections 3, 5-6, and 9-16 will survive any termination or expiration of these Terms.
13. COMMUNICATION BETWEEN US
If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by email or by prepaid post using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.
14. DISPUTE RESOLUTION
- 14.1.(a) To the extent permitted by applicable law, you, and on behalf of your assigns, successors, agents, representatives, and insurers, hereby expressly release, waive, and discharge Warner Pacific, its affiliates, and each of the agents, employees, officers, directors, and shareholders of Warner Pacific and its affiliates, from and against any and all rights and claims, liabilities, causes of action, damages, demands, liens, losses, costs and expenses (including without limitation attorneys’ fees and costs), or charges of any kind or nature whatsoever, whether known or unknown, developed or undeveloped, suspected or unsuspected, fixed or contingent, liquidated or illiquid, past, present, or future which arise out of, or that are in any manner related to your use of any of the data.
- 14.1.(b) You hereby waive any and all rights under Section 1542 of the California Civil Code or any similar law of any other state, which Section 1542 reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
14.3 Binding Arbitration.Except as otherwise set forth in Section 14.3(d) below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Warner Pacific will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and Warner Pacific may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator, and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
- 14.3.(a) Arbitration Procedures. You and Warner Pacific agree that, except as provided in Section 14.3(d) below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 14 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.
- 14.3.(b) Location. The arbitration will take place in Los Angeles, California unless the parties agree to video, phone or internet connection appearances.
- 14.3.(c) Limitations. You and Warner Pacific agree that any arbitration shall be limited to the Claim between Warner Pacific and you individually. YOU AND WARNER PACIFIC AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
- 14.3.(d) Exceptions to Arbitration. You and Warner Pacific agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Excluded Dispute, (b) any Claim related to, or arising from, allegations of theft, piracy, or unauthorized use, and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
- 14.3.(e) Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
- 14.3.(f) Severability. You and Warner Pacific agree that if any portion of this Section is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect.
15. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, such provisions shall be enforced to the maximum extent permitted by law, and the remaining conditions will remain in full force and effect. Other than as expressly set out in these Terms, no one other than you and us is intended to have any right or ability to enforce any of the provisions of these Terms.
These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms to any other party without our prior written consent. Such consent may be withheld in our sole discretion, and any purported assignment without such consent shall be null and void. We may assign these Terms to any party without notice thereof to you.
These Terms were last updated on January 26, 2021.
16. CONTACT US
Warner Pacific Insurance Services, Inc.
compliance@warnerpacific.com
This Business Associate Agreement (“Agreement”) is entered into by and between you (the Agent) or the Agency that you represent (“Business Associate”), on the one hand, and Warner Pacific Insurance Services, Inc. (“General Agent”) on the other.
RECITALS
WHEREAS, Business Associate is the agent/broker for its employer clients (“Employer”), which sponsor and maintain an employee welfare benefit plan (“Covered Entity”), and Warner Pacific Insurance Services, Inc. acts as a general agent with respect to insurance and HMO policies and contracts entered into by the Employer and Covered Entity;
WHEREAS, Business Associate’s services are required and have been retained in connection with the administration of the benefits offered by Covered Entity (a true and correct copy of the agreement between such employer/covered entity and Business Associate is retained by the Business Associate/Agent);
WHEREAS, in the course of providing services to Covered Entity, Business Associate may perform functions or activities involving the use or disclosure of PHI pertaining to participants and beneficiaries of Covered Entity, and, in turn, General Agent may perform functions or activities involving the use or disclosure of such PHI in the course of providing services to Business Associate;
WHEREAS, the Secretary of Health and Human Services has issued regulations requiring a contract between Covered Entity and Business Associate in order to protect against the unauthorized use and disclosure of protected health information by Business Associate, and, in turn, requiring a contract between Business Associate and General Agent to the extent that General Agent is a Subcontractor of Business Associate that creates, receives, maintains, or transmits PHI on behalf of Business Associate;
WHEREAS, this Agreement is intended to ensure that General Agent will establish and implement appropriate safeguards for PHI that General Agent may receive, create, maintain, use, or disclose in connection with the functions, activities, and services that are performed;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
I. DEFINITIONS
a. Unless the context clearly indicates otherwise, the following terms in this Agreement shall have the same meaning as those terms in 45 C.F.R. Part 160 or 164: Breach, Data Aggregation, Designated Record Set, Disclosure, Electronic Media, Electronic Protected Health Information (ePHI), Health Care Operations, Individual, Minimum Necessary, Required By Law, Secretary, Security Incident, and Use.
b. Specific definitions:
1. "Business Associate" shall mean you (the Agent) or the Agency that you represent.
2. "Covered Entity" shall mean the employer/covered entity to which the Business Associate has sold insurance products and for which the Business Associate has used General Agent for services.
3. "HIPAA" shall mean the Health Insurance Portability and Accountability Act of 1996, as amended from time to time.
4. "Privacy Rule" shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 C.F.R. Parts 160 and 164, subparts A and E.
5. “Protected Health Information” or “PHI” shall have the same meaning as the term “Protected Health Information” in 45 C.F.R. 160.103, limited to the information created or received by General Agent from or on behalf of Covered Entity.
6. "Security Rule” shall mean the Security Standards and Implementation Specifications in 45 C.F.R. Part 160 and Part 164, Subpart C.
7. “Subcontractor” shall mean General Agent, to the extent that General Agent is a Subcontractor of Business Associate that creates, receives, maintains, or transmits PHI on behalf of Business Associate.
8. “Unsecured PHI” shall have the same meaning as the term “unsecured protected health information” in 45 C.F.R. 164.402.
c. This Agreement also reflects federal breach notification requirements imposed on Business Associate when Unsecured PHI is acquired by an unauthorized party, and the expanded privacy and security provisions imposed on business associates.
II. OBLIGATIONS AND ACTIVITIES OF GENERAL AGENT
General Agent agrees to:
a. Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;
b. Use reasonable safeguards to prevent use or disclosure of protected health information other than as provided for by the Agreement or as required by law.
c. Implement administrative, physical, and technical safeguards (including written policies and procedures) that reasonably and appropriately protect the confidentiality, integrity, and availability of electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of Covered Entity as required by the Security Rule.
d. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any Subcontractors that receive protected health information from General Agent agree to the same restrictions, conditions, and requirements that apply to General Agent with respect to such information;
e. Provide access, at the request of Business Associate or Covered Entity, and in the time and manner designated by Business Associate or Covered Entity, to Protected Health Information in the original Designated Record Set to Covered Entity or, if directed by Covered Entity, to an Individual to meet the requirements under 45 C.F.R. 164.524, but only to the extent General Agent maintains the Designated Record Set;
f. Maintain and make available the information required to provide an accounting of disclosures to Business Associate as necessary to satisfy Business Associate’s or Covered Entity’s obligations under 45 CFR 164.528;
g. Comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligation(s), but only to the extent General Agent is to carry out one or more of Covered Entity‘s obligation(s) under Subpart E of 45 CFR Part 164; and
h. Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the Privacy Rule, unless otherwise protected from discovery or disclosure by law or unless otherwise prohibited from discovery or disclosure by law, .
i. Be familiar and comply with any applicable state privacy laws which are more stringent than the Privacy Rule, including but not limited to the Insurance Information and Privacy Protection Act, Cal. Ins. Code §§ 791-791.27 and the accompanying regulations promulgated by the California Department of Insurance, Cal. Admin. Code, title 10, §§ 2698.1689.24, the Confidentiality of Medical Information Act, Cal. Civ. Code §§ 56-56.37.
j. Mitigate, to the extent practicable, any harmful effect that is known to General Agent as a result of a use or disclosure of PHI in violation of this Agreement’s requirements or that would otherwise cause a Breach of Unsecured PHI.
k. Report to Covered Entity any use or disclosure of the Protected Health Information and/or any Security Incident not permitted by this Agreement or by law. General Agent agrees to report to Business Associate and/or Covered Entity any Breach of Unsecured PHI not provided for by the Agreement of which it becomes aware within 60 calendar days of discovery thereof as determined according to the discussion set out in 45 C.F.R. 164.410. To the extent commercially reasonable, such notice shall include the identification of each individual whose Unsecured PHI has been, or is reasonably believed by General Agent to have been, accessed, acquired, or disclosed in connection with such Breach. In addition, General Agent shall provide any additional information reasonably requested by Business Associate and/or Covered Entity for purposes of investigating the Breach and any other available information that Covered Entity is required to include to the individual under 45 C.F.R. § 164.404(c) at the time of notification or promptly thereafter as information becomes available.
III. PERMITTED USES AND DISCLOSURES BY GENERAL AGENT
a. General Agent may only use or disclose protected health information as necessary to perform the services set forth in the its service agreement with Business Associate, or to the extent required to perform the services for which it has been retained by Business Associate. These services may include:
o Coordination with Business Associate, carriers and other business associates, as directed
o Provide quoting services, proposal generation, applications, enrollment support, supplies, and materials for the carriers and plans selected by the Agent and the Covered Entity.
o Customer service support to Business Associate and his/her employer clients/covered entities.
b. General Agent may use PHI to de-identify the information consistent with 45 CFR 164.514(a)-(c).
c. General Agent may use or disclose protected health information as required by law.
d. General Agent may use Protected Health Information to provide data aggregation services to Covered Entity as permitted by 45 C.F.R. 164.504(e)(2)(i)(B).
e. General Agent may use Protected Health Information to report violations of law to federal and state authorities consistent with 45 C.F.R. 164.502(j)(1).
f. General Agent may disclose protected health information for the proper management and administration of General Agent or to carry out the legal responsibilities of General Agent, provided the disclosures are required by law, or General Agent obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies General Agent of any instances of which it is aware in which the confidentiality of the information has been breached.
IV. OBLIGATIONS OF BUSINESS ASSOCIATE
a. Business Associate shall notify General Agent of any limitation(s) in Covered Entity’s notice of privacy practices under 45 CFR 164.520, to the extent that such limitation may affect General Agent’s use or disclosure of PHI.
b. Business Associate shall notify General Agent of any changes in, or revocation of, permission by an individual to use or disclose PHI, to the extent that such changes may affect General Agent’s use or disclosure of PHI.
c. Business Associate shall notify General Agent of any restriction on the use or disclosure of PHI that Covered Entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect General Agent’s use or disclosure of PHI.
d. Business Associate must execute a separate Business Associate Agreement with its employer clients/covered entities referenced in this Agreement.
V. PERMISSIBLE REQUESTS BY BUSINESS ASSOCIATE
Business Associate, acting on its own or on behalf of its employer client/Covered Entity, shall not request General Agent to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity, except as otherwise permitted by this Agreement.
VI. TERM AND TERMINATION
a. Term. The Term of this Agreement shall be effective as of the effective date of this Agreement, and shall terminate on the date the services agreement between the parties ends, the date General Agent is no longer retained to perform services for Business Associate, or the date Business Associate terminates for cause as authorized in paragraph (b) of this Section, whichever is sooner.
b. Termination for Cause. The Parties authorize immediate termination of this Agreement if either party determines the other party has violated a material term of the Agreement, and that has not cured the breach or ended the violation within sixty days (60 days) of the notice of the breach, or the time specified by covered entity. Termination is also permissible on any ground, and on the terms, set forth in the services agreement between the parties.
c. Obligations of General Agent Upon Termination. Upon termination of this Agreement for any reason, General Agent, with respect to protected health information received from Business Associate, or created, maintained, or received by General Agent on behalf of Business Associate, shall:
1. Retain only that protected health information which is necessary for General Agent to continue its proper management and administration or to carry out its legal responsibilities;
2. Return to Business Associate the remaining protected health information that General Agent still maintains in any form;
3. Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information to prevent use or disclosure of the protected health information, other than as provided for in this Section, for as long as General Agent retains the protected health information;
4. Not use or disclose the protected health information retained by General Agent other than for the purposes for which such protected health information was retained; and
5. Return to Business Associate the protected health information retained by General Agent when it is no longer needed by General Agent for its proper management and administration or to carry out its legal responsibilities.
d. Business Associate has the option of requesting, in writing, that General Agent return the protected health information to another business associate of Covered Entity.
e. Survival. The obligations of General Agent under this Section shall survive the termination of this Agreement.
VII. MISCELLANEOUS
a. Regulatory References. A reference in this Agreement to a section of applicable law means the section as in effect or as amended.
b. Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for compliance with the requirements of HIPAA and any other applicable law, including state laws, as applicable. No amendment of this Agreement shall be effective unless made in writing by the waiving party.
c. Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the Privacy Rule.
d. Counterparts. This Agreement may be executed in counterparts which, taken together, shall constitute the whole of this Agreement between the parties.
e. Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors, heirs, and assigns.
f. Conferring Rights or Remedies. Except as may be expressly set forth herein, the parties do not intend to confer any rights or remedies upon any person other than the parties to this Agreement.
g. Counsel. Each party to this Agreement has had the opportunity to consult with counsel of its choice as to the form and content of this Agreement and the advisability of executing it. The normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in any interpretation of this Agreement.
h. Attorneys’ Fees and Costs. Except as otherwise specifically provided by law, all legal and other costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby, including without limitation legal and accounting fees, shall be paid by the party incurring such expenses. In the event of any litigation or arbitration between the parties respecting or arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, whether or not any litigation proceeds to final judgment or determination.
i. Authorized Signature. Each party has authorized its undersigned representative whose signature appears below to execute this Agreement on that party’s behalf.
j. Arbitration. The parties recognize and confirm that this is an Agreement between honorable business organizations. This Agreement is to be construed consistent with its spirit as well as the letter of the Agreement. It is anticipated that any disagreements that may arise will be resolved between the parties by good faith negotiations. Should that not be possible, all disputes between the parties arising out of or relating to provisions of this Agreement, or concerning its interpretation or validity, whether before or after termination of this Agreement, shall be submitted to final and binding arbitration in accordance with, and under, the rules of practice and procedure for arbitration hearings of the Judicial Arbitration and Mediation Services, Inc. Arbitration shall be the parties’ exclusive remedy.
k. Choice of Law and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of California in addition to any governing federal law. Any arbitration or other legal action between the parties respecting or arising out of this Agreement shall be held or filed in either the state or federal courts in the State of California, County of Los Angeles.
l. Notices. Any notice, demand, or request given in accordance with this Agreement shall be given by personal delivery; by messenger delivery; by facsimile transmission; by placing said notice in the United States mail, registered or first-class, postage prepaid; or by sending such notice via an overnight courier service. Notice shall be deemed given when delivered to a party, when the facsimile transmission occurs, or on the date when said notice is deposited in the United States mail, postage prepaid.
m. Notice shall be given to General Agent as follows: Warner Pacific Insurance Services, Inc., 32110 Agoura Road, Westlake Village, CA 91361, Phone: 800-801-2300; Attention: Human Resources Director.
n. Notice shall be given to Business Associate with the information provided and on file as follows: Agent Name and Agent Address or Fax; or, if Agent is employed by Agency, Agency Name and Agency Address or Fax.
o. Controlling Agreement. In the event any provision of this Agreement conflicts with the services agreement between the parties, this Agreement controls.
p. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under such law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement, each of which shall continue to be valid and binding upon the parties.
q. Waiver. A waiver by any party of any of the terms and conditions of this Agreement in any one instance shall not be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof, nor shall it be deemed a waiver of performance of any other obligation hereunder. No waiver shall be effective unless it is made in writing by the waiving party.
Effective Date: April 17, 2023
- Scope of this Policy
- The Information We Collect
- Cookies
- Children's Policy
- How We Use Personal Information
- How We Share Personal Information
- Choices Regarding Your Information
- Security
- Additional Disclosures for Residents of California
- Additional Disclosures for Residents of Colorado
- Links to Other Websites
- Effective Data and Changes to this Privacy Policy
- How to Contact Us
1. The Scope of this Policy
Warner Pacific Insurance Services, Inc. (“Warner Pacific,” “we,” “us” or “our”) respects your privacy and values your trust. The purpose of this Privacy Policy is to inform you of the treatment and handling of personal information that we may learn about you from using our website (the “Site”) and/or by use of any of our products or services (collectively with the Site, the “Service”). By accessing the Site or using the Service, you consent to our collection, use, storage, deletion, and disclosure of your personal information as set forth in this Privacy Policy.
2. The Information We Collect
We collect personal information when you create an account through the Service; receive customer or technical support; use our products, such as, benefit recommendations, quoting, our tech tools, employer enrollment, or other services; participate in components of the Service through which you may post content. We may collect the following categories of personal information (a) directly from you (such as when you create an account, purchase a product or service from us, apply for insurance, or contact us), (b) from your employer when your employer enrolls you in one of our products or services, (c) from the device and browser that you use to access the Service, and (d) from cookies and similar technologies.
Identifiers
We may collect name, email address, postal address, phone number, fax number, Social Security number or other government identification number, date of birth, signature, photograph, and online account username and password.
Financial and Insurance Information
We may collect transaction or loss history, insurance claim history, health insurance policy numbers, and bank account information.
Demographic Information
We may collect gender, race, national origin, and familial status. Generally, it is not required to provide this information to us unless it is necessary for us to comply with our legal obligations.
Professional, Employment, and Education Information
We may collect education information and employment history.
Device Information
We may collect device information when you visit our Site. Device information may include your device type, browser type, online and/or unique identifiers, IP address, and geolocation information.
Internet Activity
We may collect information concerning your interaction with the Site. This may include when you access the Site and your browsing activity on the Site (such as which pages you visit, in what order, and for how long). This may also include “traffic data” or tracking information provided by the Site’s host or similar providers (e.g., Google Analytics) that may be helpful for marketing purposes or for improving the Site.
You are not required to provide all personal information identified in this Privacy Policy to use our Service or to interact with us, but certain functionality will not be available if you do not provide certain personal information. For example, if you do not provide certain personal information, we may not be able to respond to your requests or allow you to register an account.
3. Cookies
We store certain information that gets collected automatically at our end through cookies and similar technologies. A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies. That information also helps companies improve and personalize your website experience. Some cookies are necessary to operate a website, while others can be functional or analytical. Cookies on the Site are generally divided into the following categories:
- Strictly Necessary Cookies. These are required for the operation of the Site. They include, for example, cookies that enable you to log into password-protected portions of the Site. These cookies are session cookies that are erased when you close your browser
- Analytical/Performance Cookies. These allow us to recognize and count the number of visitors to the Site and understand how such users navigate through the Site (e.g., when and which pages are visited, in what order the pages are visited, and where a user is located). If you log in to the Site, we may link your username with the information collected through these cookies.
- We use Google Analytics and Marketo for part of this process. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. Google provides users with the ability to prevent their data from being used by Google Analytics—learn more by going to https://tools.google.com/dlpage/gaoptout/. For more information about the Marketo cookies on the Site, please visit https://developers.marketo.com/javascript-api/lead-tracking/.
- Functional Cookies. These improve the performance of the Site and make it easier for you to use. For example, cookies are used to remember that you have previously visited the Site and asked to remain logged into it (e.g., this saves your username). These cookies qualify as persistent cookies because they remain on your device for use during your next visit to the Site. You can delete these cookies as detailed below.
You can prevent the use of certain cookies by modifying your Internet browser settings, typically under the sections “Help,” “Internet Options,” or “Settings.” If you disable or delete certain cookies in your Internet browser settings, you may still access the Site, however, you might not be able to access or use important functions or features of the Site, and you may, for example, be required to re-enter your log-in details.
Do-Not-Track Signals
At this time, we do not recognize automated “do-not-track” browser signals.
4. Children's Privacy
The Service is not intended for users under the age of 16. Warner Pacific does not knowingly collect personal information from individuals under the age of 16. If you are aware of, or suspect that, someone under the age of 16 is using the Service without permission, please notify us immediately by contacting us as detailed in the How to Contact Us section below. If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out the FTC Guidelines for protecting your child’s privacy online.
5. How We Use Personal Information
We collect and use your personal information for the following purposes:
- Providing the Service. We use personal information to provide the Service to you and to provide products and services requested by, or reasonably anticipated within the context of our relationship with, you. This also includes connecting you with providers, insurance referral networks, or affiliates thereof.
- Communicating with you. We use personal information to communicate with you, such as to: send you notifications regarding your relationship with us, respond to your inquiries or requests, and request feedback.
- and providing products and services requested by, or reasonably anticipated within the context of our relationship with, you.
- Marketing purposes: We use personal information for our marketing and promotional purposes, such as to: alert you of new and existing products, services, features, or enhancements to the Service that we believe may be of interest to you.
- Analytics and personalization. We use personal information to personalize the Site (such as displaying your name after you log in) and to analyze how you interact with the Service
- Security and fraud prevention: We use personal information for security and fraud prevention purposes, such as to: verify your identity, track use of your username and password, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible.
- Legal rights and obligations. We use personal information to comply with legal and regulatory obligations, to establish or exercise our rights, and to defend against legal claims.
6. How We Share Personal Information
All insurance brokers, agents, and support organizations need to share customers’ personal information to run their everyday business. In the section below, we list the categories of third parties with whom we share personal information for our business purposes (including to market our products and services to you).
- Service providers, including insurance carriers, agents, or brokers; hosting providers and IT outsourcing; web analytics providers; and marketing providers.
- In some instances, service providers will be directly responsible to you for their use of your personal information. They may be obliged by law to provide you with additional information regarding the personal information that they hold about you and how and why they process that information. Further information may be provided to you in a separate notice or may be obtained from such service providers directly, for example, via their websites.
- Advisers and financial institutions, including auditors, notaries, business continuity support service providers, and legal, tax, and risk and compliance advisors.
- With third parties in connection with a change to the control or financial status of the company, including a corporate restructuring, sale, acquisition, financing, reorganizations, bankruptcy, receivership, transfer, assignment of assets, or business merger or divestiture. Personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction.
- Government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with (a) responding to a subpoena, search warrant, or other lawful request for information that we receive; (b) cooperating in a law enforcement or similar investigation; or (c) otherwise protecting our rights, as applicable.
Warner Pacific does not jointly market products or services with other companies, and we do not disclose personal information to third parties for use in their own marketing or solicitations. We do not sell personal information.
Please note that when you are no longer our customer, we may continue to share your information as described in this notice. We retain personal information, including information about former customers, for as long as necessary to fulfill the purposes for which it was collected; as needed to address tax, corporate compliance, employment, litigation, and other legal rights and obligations; and as otherwise permitted by law.
7. Choices Regarding Your Information
If you have an account on the Site, you may update or delete your personal information or modify your account preferences by logging into your account. If you no longer want to receive marketing communications or other announcement from us, you may unsubscribe by contacting us at marketing@warnerpacific.com or following the unsubscribe options in the communication itself.
Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account or products and services that you have purchased from us.
8. Security
We maintain reasonable technical, administrative, and physical safeguards to protect personal information from loss, misuse, alteration, or unintentional destruction. We have implemented various security measures to protect the personal information and the general information that we receive from you. Whenever you give out personal information online there is a risk that third parties may intercept and use that information. Although we seek to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.You play an important role in keeping your information secure. You should not share your username or password with anyone. If you have reason to believe that your account is no longer secure, please contact us immediately at compliance@warnerpacific.com.
9. Additional Disclosures for California Residents
For residents of California, this section describes how we collect, use, and disclose the personal information of California residents and the rights you may have under California law. These disclosures are intended to supplement this Privacy Policy with information required by California law. To understand what personal information we may have collected about you in the past 12 months, and from where we collected it, please see the section The Information We Collect above.
We collect this personal information, as further described in the How We Use Personal Information section above, to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives. We retain personal information for as long as necessary to fulfill the purposes for which the information was collected and as needed to address tax, compliance, employment, litigation, and other legal rights and obligations.
We may share personal information with the third parties listed above in the section How We Share Personal Information. Below we have provided more detail regarding the way we share personal information for our business purposes. We do not sell personal information and we do not engage in cross-context behavioral advertising. Similarly, we only disclose personal information, including sensitive personal information, where such disclosure is requested by you, is reasonably necessary to perform our services, or is reasonably necessary to detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity.
To manage our business and provide services to you, we sometimes share personal information with third parties. These third parties cannot further collect, sell, or use the personal information we share with them except as necessary to perform our purposes, as instructed by us.
In the past 12 months, we may have disclosed the following categories of personal information to the following third parties for our operational business purposes:
| Identifiers |
|
| Financial and Insurance Information |
|
| Demographic Information |
|
| Professional, Employment, and Eduation Information |
|
| Device Information |
|
| Internet Activity |
|
Under California law, consumers have a right to notice, upon collection, of the categories of personal information collected and the purposes for which the information will be used. We provide this notice through this Privacy Policy.
In addition, in certain circumstances, California residents may have additional rights, including:
- Access: You may have the right to access a copy of the categories and specific pieces of personal information that we have collected, used, and/or disclosed.
- Correction: You may have the right to request that we correct inaccurate personal information that we hold about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.
- Deletion: You may have the right to request that we delete or anonymize your personal information, with certain exceptions.
- No Retaliation: You have the right to be free from discrimination for exercising your rights.
Please note, however, before we will be able to process your request for access or deletion of personal information, we will need to properly verify your identity for security purposes. If we possess appropriate information about you (e.g., name, email, address), we will attempt to verify your identity using that information. It if is not reasonably possible to identify you, we may not be able to respond to your request.
To use an authorized agent to make a request on your behalf, we may need the authorized agent to provide proof that you gave the authorized agent signed permission to submit the request on your behalf. We may also require you to verify your identity directly with us.
Please note that certain exceptions and limitations apply to the rights discussed above. For example, the rights described above may be limited or inapplicable to certain types of information, to information collected and used in connection with our business relationship with other business entities, and to information pertaining to hiring and employment.
10. Additional Disclosures for Colorado Residents
For residents of Colorado, this section describes right you may have under Colorado law as of July 1, 2023. These disclosures are intended to supplement this Privacy Policy with information required by Colorado law.
To understand what personal information we may collect, use and share about you, and from where we collected it, please see the section The Information We Collect. We share personal information with the categories of third parties described in the section How We Share Personal Information.
We collect this personal information, as further described in the How We Use Personal Information section above, to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives. In particular, we have identified the categories of personal information that we use or share for each purpose below:
| Providing the Service |
|
| Communicating with you |
|
| Marketing purposes |
|
| Analytics and personalization |
|
| Security and fraud prevention |
|
| Legal rights and obligations |
|
We do not use your personal information to make decisions with legal or similarly significant effects for you based on the automated processing of your personal information. We also do not engage in targeted advertising and, as noted above, we do not sell personal information.
Under Colorado law, consumers have a right to notice, upon collection, of the categories of personal information collected and the purposes for which the information will be used. We provide this notice through this Privacy Policy.
In addition, in certain circumstances, Colorado residents may have additional rights, including:
- Access: You may have the right to access a copy of the categories and specific pieces of personal information that we have collected, used, and/or disclosed.
- Portability: When you exercise your right to access, you also have the right to receive your personal information in a portable and, to the extent technically feasible, readily usable format.
- Correction: You may have the right to request that we correct inaccurate personal information that we hold about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.
- Deletion: You may have the right to request that we delete or anonymize your personal information, with certain exceptions.
If you wish to exercise the rights described above, or if you have any questions or concerns regarding the processing of your personal information, please call us at (800) 801-2300 or by sending an email to compliance@warnerpacific.com. Please include “Colorado Privacy” in the subject line of your email so that we can get your email to the right team. We will respond to your request consistent with applicable law. Some of the rights above do not apply to personal information we collect in connection with financial and/or insurance products and services we provide to consumers.
Please note, however, before we will be able to process your request to exercise any of the rights above, we will need to properly verify your identity for security purposes. If we possess appropriate information about you (e.g., name, email, address), we will attempt to verify your identity using that information. It if is not reasonably possible to identify you, we may not be able to respond to your request.
To use an authorized agent to make a request on your behalf, we may need the authorized agent to provide proof that you gave the authorized agent signed permission to submit the request on your behalf. We may also require you to verify your identity directly with us.
Please note that certain exceptions and limitations apply to the rights discussed above. For example, the rights described above may be limited or inapplicable to certain types of information, to information collected and used in connection with our business relationship with other business entities, and to information pertaining to hiring and employment.
11. Links to Other Websites
For your convenience, we may link to third-party sites and services, or otherwise display third-party content through our Site to provide increased value to our visitors. We have no control over these linked sites, each of which has separate privacy and data collection policies and practices independent from us. As such we have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such websites. Please note that these other sites may send their own cookies to users, collect data, or solicit personal information, and we encourage you to review their policies before engaging with these third-party sites.
12. Effective Data and Changes to this Privacy Policy
This Privacy Policy is effective as of the date at the top of this policy. Warner Pacific has the discretion to update this Privacy Policy at any time. When we do, we will revise the effective date above. We encourage users to frequently check this page for any changes and to stay informed about how we are helping to protect the personal information we collect, especially before you provide information, and particularly personal information, directly to us through the Service. In the event of a material change to this Privacy Policy, we will provide a message through our website or via email informing you of the change.
13. How to Contact Us
If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at compliance@warnerpacific.com. You can also call us at (800) 801-2300, or write to us at: 32110 Agoura Road, Westlake Village, CA 91361.Effective Date: February 26, 2015
"Covered California", "California Health Benefit Exchange", and the Covered California Logo are registered trademarks or service marks of Covered California, in the United States.
This web site is owned and maintained by Warner Pacific Insurance Services, which is solely responsible for its content. This site is not maintained by or affiliated with Covered California, and Covered California bears no responsibility for its content.
The e-mail addresses and telephone numbers that appear throughout this site belong to Warner Pacific Insurance Services, and cannot be used to contact Covered California.