Overview

Warner Pacific Insurance Services provides insurance brokerage services. By using the tabs above on this Privacy section of our Website, you will find our policies and agreements governing how we, and our affiliates and subsidiaries, handle the personal information that we receive when you use our Website.

Terms of Use

 

Effective Date: February 26, 2015.

The following Terms of Use Agreement ("TOU") describes the terms and conditions applicable to your access and use of the Warner Pacific Insurance Services Website ("Website"). By using this Website, you are accepting and agreeing to the TOU. By agreeing to the TOU, you are also agreeing to the other policies posted on the Privacy section of the Website, including but not limited to the Privacy and Security Policy. If you do not agree to the TOU, do not use this Website. We reserve the right to change the TOU and other policies posted on the Privacy Section of the Website at any time, without notice to you. Continued use of the Website will constitute acceptance of such changes.

This website is owned by Warner Pacific Insurance Services (“Warner Pacific”). Warner Pacific is located in Westlake Village, California and is licensed to do business as an insurance agent in California (license #0764260) and Colorado (license #351162).

Use of Website: By using this Website, you represent that you are at least eighteen (18) years of age and are a resident of the United States. This Website is provided for your informational use only. The information within this website includes, but is not limited to, rates and benefits for products of companies represented by Warner Pacific.

Client-specific information that is entered into and generated by this system, including online and/or printed proposals,is 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.

Warner Pacific may change or restrict your use of this Website and/or make changes to the products and services described on the Website at any time without notice. Use of this website is granted by permission only and may be revoked at any time without notice.

Lawful Purpose: By using this Website, you represent that you are using this website for a lawful purpose. Any use of this website and information generated by it that is in violation of any Federal, State or Local regulation (including insurance regulations) is prohibited.

Products/Services illustrated on Website:Nothing within this Website, nor the proposals or any other materials it generates, 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 this Website even if you received an insurance quotation from this website. The insurance quotations obtained by use of this site 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 this Website. Warner Pacific does not have the authority to bind and/or approve any application for coverage.

Third Party Links: This Website contains links to third party websites. Warner Pacific makes no representations regarding the content or accuracy of any website that you may access through this Website, including links to third party websites such as physician and hospital provider search engines. Warner Pacific does not monitor and is not responsible for the content found on other websites that are linked from this Website. We therefore encourage you to review the privacy policies and terms of use of any third-party site. Warner Pacific does not imply endorsement, recommendation or sponsorship for any linked website or the services, products, or advice described therein. The views, opinions, statements, offers, or other information or content expressed therein are those of the respective author(s) or distributor(s), not of Warner Pacific.

User Submissions: By submitting information or materials through this Website, you grant to Warner Pacific an unrestricted, irrevocable, worldwide, royalty-free license to use and transmit such information and materials as described in this TOU (which incorporates the other policies posted on the Privacy section of the Website), including without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or governmental request.

You agree not to submit or transmit any e-mails or materials through the Website that (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party‘s permission or (iv) otherwise violate any applicable laws.

Warner Pacific shall not be subject to any obligations of confidentiality regarding any information or materials that you submit except as specified in the TOU and the policies on the Privacy section of this Website, and 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.

Disclaimer of Warranties: This Website and any products of services available through the Website are provided to your on an “as is,” “as available” basis without warranties of any kind, either express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement. Warner Pacific, its direct and indirect parents and subsidiaries, each such entity’s employees, officers, directors, agents, and any other parties involved in creating, producing or distributing Warner Pacific’s Website services (“the Warner Pacific Parties”) make no representations or warranties that use of the Website materials will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any materials you may obtain are free of viruses or any other harmful components.

The Warner Pacific Parties make no warranties or representations related to the information contained on this Website and disclaim all liability for errors or omissions in the information presented. The Warner Pacific Parties make no warranties or representations related to the accuracy of any of the information contained within this website. 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.

The Warner Pacific Parties make no warranties or representations related to the accuracy of any medical provider information contained within this Website or any other websites that are linked to our Website. 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.

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 date entry errors (including those made by Warner Pacific personnel), rates and benefits generated by this Website 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 this website 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 the Warner Pacific Parties).

Disclaimer of Liability: Your use of this website is at your own risk. Under no circumstances, including negligence, shall Warner Pacific, its direct and indirect parents and subsidiaries, each such entity’s employees, officers, directors, agents, and any other parties involved in creating, producing or distributing Warner Pacific’s Website services (“the Warner Pacific Parties”) be liable in contract, tort, negligence, strict liability, or otherwise, for any damages whatsoever, whether special, consequential, direct, indirect, incidental, punitive, or otherwise, that may be suffered by the user, even if the Warner Pacific Parties have been advised, knew or should have known of the possibility of such damages, including but not limited to: (i) loss of data resulting from delays, non-deliveries, human error, technical malfunctions, failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software; (ii) any injury or damage to user’s or any other person’s computer relating to or resulting from use of the website; (iii) inability to access storage Service(s); (iv) theft, tampering, destruction, or unauthorized access to, or alteration of content; (v) any incorrect or inaccurate information disseminated or provided; or, (vi) service interruptions by any cause or errors or omissions of the user.

Indemnification: You agree that you shall defend, indemnify, save, and hold Warner Pacific, its direct and indirect parents and subsidiaries, each such entity’s employees, officers, directors, agents, and any other parties involved in creating, producing or distributing Warner Pacific’s Website services (“the Warner Pacific Parties”) harmless from any and all demands, lawsuits, charges, liabilities, losses, costs, and claims, including reasonable attorneys‘ fees, ("Liabilities") asserted against the Warner Pacific Parties that may arise or result from any service provided or performed or agreed to be performed or any product sold by you or your employees, clients, or assigns. You agree to defend, indemnify, and hold harmless the Warner Pacific Parties against any and all Liabilities, including but not limited to those arising out of: (i) any actual or alleged breach of this TOU, or any related or subsequent agreements, by you, your affiliates and subsidiaries, their respective employees, or anyone authorized to act on your behalf; (ii) 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; (iii) any injury to person or property caused by any products sold or otherwise distributed in connection with the Warner Pacific Parties or services provided by the Warner Pacific Parties; (iv) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (v) copyright infringement; (vi) any claim or allegation that your services or products violate any law, ordinance, rule, statute, or regulation of any jurisdiction; (vii) any claims from your employees, agents, independent contractors, sub-contractors, and/or suppliers with respect to any lien for nonpayment of services or materials; and (viii) any defective product which you sold while using Warner Pacific.

Copyright: This Website is protected by U.S. copyright laws. Except as expressly provided under this TOU, you may not use, reproduce, modify, transmit, distribute, or publicly display this Website without the prior written consent of Warner Pacific.

Contacting Warner Pacific: If you have Website questions, comments, or concerns, please emailSolutions@WarnerPacific.com. Please include details of your questions, comments, or concerns, including your complete name and contact information.

Violation of TOU: Warner Pacific reserves the right to seek all remedies available at law and in equity for violations of the terms and conditions set forth in this TOU and the Privacy Policy, including, but not limited to, the right to block access from a particular Internet address to the Website.

Severability: Should any provision of the TOU or any policies posted on the Privacy section of the Website be held invalid, unlawful, or for any reason unenforceable, then that respective provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.

Dispute Resolution: Any controversy or claim arising out of or relating to the TOU or the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orange County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

 

Privacy and Security Policy

Effective: January 1, 2020
 

  1. The Scope of this Policy
  2. The Information We Collect
  3. How We Use Your Information
  4. How We Share Your Information
  5. Your Rights and Choices Regarding Your Information
  6. How We Store and Safeguard Your Information
  7. California Residents Privacy Rights
  8. Changes to this Privacy Policy
  9. Contact Us 
 
  1. The Scope of this Policy
 
Warner Pacific Insurance Services, Inc. (“Warner Pacific,” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of the Warner Pacific website where this Privacy Policy is posted (the “Site”), and for all services made available by us (collectively with the Site, the “Service”).  As such, we have established and implemented this Privacy Policy to inform visitors to the Site and users of the Service how we use and protect the information we collect.  By accessing the Site or using the Service, you consent to our collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy.  This Privacy Policy is effective as of the date set forth above and is only applicable to the Service and not to any other website that you may be able to access from the Service which may have its own data collection and use practices and policies.
 
  1. The Information We Collect
 
Types of Identifying Personal Information We Collect
 
Personal information means information that can be used to identify and contact you.  You do not need to submit personal information to access the Service generally.  However, you may be required to submit personal information to access certain aspects of the Service.  
 
When you create an account, use our Services, or when you enter information on our Site, we may collect personal information from you, including your:
  • First and last name
  • Online identifier
  • Email address
  • Physical address
  • Phone numbers
  • Fax numbers
  • IP address
  • Date of birth
  • Social security number
  • Driver’s license number or ID card number
  • Gender
  • Race
  • National Origin
  • Location information
  • Health insurance information
  • Health insurance policy number
  • Bank account information
  • Geolocation information
  • Signature
  • Employment history
  • Education information
  • Photograph
  • Geolocation information
By submitting personal information through the Service, you authorize us to share this personal information for the purposes identified herein, such as responding to user inquiries, processing transactions, providing services, and requesting feedback.
 
Types of Non-Identifying Personal Information We Collect
We may also collect non-identifying personal information such as your browser type, domain names, mobile device operating system, when you accessed the Service and from what location you access the Service.  This information may be aggregated to measure the number of visits, average time spent, page views, and other statistics about users of the Service. We may use this data to monitor the Service’s performance and to make the Service easier and more convenient to use.
 
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.
 
  1. How We Use Your Personal Information
 
The personal information you provide to us will allow us to communicate with you and provide the Service to you, depending on the aspects of the Service you utilize.  This includes, but not limited to, handling your customer service questions or issues; alerting you of new products, services, features, or enhancements to the Service; verifying your identity; requesting feedback and upon your consent, connecting you providers, insurance referral networks or affiliates thereof.  We may also use your email address as part of the Service in sending you messages about the Service and other general announcements.  We keep track of your interactions with us, including but not limited to your activity within the Service. Except as set forth in this Privacy Policy, or unless we have your consent, we will not share your personal information with any person or entity other than those affiliated with us, entities acting on our behalf, and relevant third parties such as those needed to collect and maintain our servers and perform technology and related services.
 
We may use your personal information with non-personal information that we have collected in a manner such that the end-product does not personally identify you or any other user of the Service.  We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the Service (the “Analytical Data”). We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, supplementing our valuation products, sharing the Analytical Data with third parties, and otherwise exploiting the Analytical Data, provided that we do not sell, trade, or otherwise transfer from us any part of the Analytical Data that personally identifies any Service users.

Do Not Track
 
In compliance with California legislation, AB370, effective January 1, 2014, our practices in responding to “do not track” signals and collecting user information over time and across a network of websites when you visit the Site are as follows: we do not honor the request of “do not track” signals sent by your browser when you visit the Site.  Additionally, we may collect user information about your online activities over time and across different websites, or authorize third parties to do so.
 
Google Analytics
 
We use third-party service providers such as Google Analytics to help us learn about who visits the Site and what pages are being viewed. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/.  You can opt out of Google Analytics' collection and use of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
 
Cookies
 
“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive.  Like many websites, we employ cookies in certain areas of the Site to allow us to provide information to make your online experience more convenient.  For example, when you return to the Site after logging in, cookies provide information to the Site so that the Site will remember who you are on subsequent visits, speeding up or enhancing your experience of the Service by, for instance, tailoring content to you or keeping track of your login name and password.  While we may use cookies to track your visit to the Site, this information does not identify you personally and you remain anonymous, even if you have previously submitted personal information to us through the Site or otherwise.
 
Third parties whose websites are accessible through links on the Site may also use their own cookies when you link to their site or service.  We do not control these third parties’ use of cookies and cannot guarantee that they will uphold the same privacy standards as us.  We expressly disclaim any and all liability related to the collection, use or disclosure of information by third parties.  You should review the privacy policies of any third-party sites that you visit through a link from the Site to understand how these third parties use cookies and the information they collect through cookies.  Most cookies are “session cookies” which means that they are automatically deleted at the end of each session. Most browsers are initially set to accept cookies.  You can set your browser to notify you when you receive a cookie, giving you a chance to decide whether or not to accept it.
 
Log Information
 
Our servers automatically record information that your browser or mobile device sends whenever you visit the Site or use the Service.  This information includes, among other things, your Internet Protocol address, mobile device operating system, your browser type and version, which aspects of the Service you use and from where, and when and how long you use them.  We use this information to monitor and analyze how users use the Service, to provide customer service and to maintain and improve the Service.  We may also collect similar information from emails we may send to you which then help us track which emails are opened and which links are clicked by recipients.  The information allows for more accurate reporting and improvement of the Service.
 
Children’s Privacy
 
We do not knowingly collect personal information from children under 13 or allow them to create an account through the Site.  We take children’s privacy seriously, and encourage parents to play an active role in their children’s online experience at all times. 
 
  1. How We Share Your Information
 
Sharing Your Information 
 
We use your personal information to provide the Service to you, deliver products and services you request, complete transactions, handle your customer service questions or issues, request feedback, and send communications to you about promotions, updates, or special offers from us that may be of interest to you.  The personal information uploaded by you through the Service will be shared only with authorized persons to whom you specifically grant access or direct us to share with.  We may also use your depersonalized personal information to provide analyses of our users in the aggregate (including Analytical Data subject to the terms of this Privacy Policy) to prospective partners and other third parties.  We will also share the personal information we collect from you under the following circumstances, and you expressly authorize us to share your information as follows:
 
  • Service Providers.  We may share your personal information with service providers (including our affiliates that provide services on our behalf) that we engage for the purpose of processing information on our and your behalf.  Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data.  While providing services for us, these companies may access your personal information.  To the extent applicable, we require these parties to comply with this Privacy Policy and appropriate confidentiality and security measures.
  • Protection of Rights.  We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use for the Service, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Service, or (iv) such action is appropriate to protect the rights, property or safety of us, our employees, users of the Service or others.
  • Asset Transfers.  If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including personal information collected from you through your use of the Service, could be included in the transferred assets.  You expressly consent to such transfer.  Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Site.
 
Additional Information You Should Know About Third Parties
The Service may contain direct links to websites operated by our partners and other entities.  These third-party websites may collect information about you when you visit them or otherwise communicate with them.  This Privacy Policy does not cover the information practices of third-party websites linked to the Site or accessible through the Service.  Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information.  You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.
 
  1. Your Rights and Choices Regarding the Your Information?
 
Control of Your Information
 
You may update or delete your personal information or modify your account preferences for the Service by accessing the account interface provided through the Service.  Please note that if you disable your account, we will keep the information we receive as described in this Privacy Policy for as long as necessary to fulfill the purpose(s) for which it was collected, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
 
Your Choice to Opt Out
 
If you no longer want to receive our emails or other announcements, you may unsubscribe by writing to us at marketing@warnerpacific.comor following the instructions provided through the Service or the “unsubscribe” link at the bottom of our emails.  Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your plan or account.
 
  1. How We Store and Safeguard Your Information
 
The personal information that you provide to us is stored on servers which, to our knowledge, are located in secured facilities with restricted access and are protected by protocols and procedures designed to ensure the security of such information.  We restrict access to personal information to our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Service.  All of our personnel who have access to this information are trained in the maintenance and security of such information.  Access to such personal information is minimized whenever possible.  Logs are kept of access to application data, which can be monitored for unauthorized activities. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure.  As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of the Service and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk.  Once we receive a transmission from you, we will endeavor to maintain its security on our systems.
 
In the event that personal information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you and take the necessary steps to comply with any applicable laws and regulations.
 
  1. California Residents Privacy Rights
 
The California Consumer Privacy Act of 2018 (the “CCPA”) is a California law that gives California residents (“consumers”), the right to learn about and control certain aspects of how a business handles the personal information that a business collects about them.  For purposes of this addendum, Warner Pacific is referred to as “we” or “our”.  Pursuant to the CCPA, effective January 1, 2010, consumers have certain rights, including:
 
  • The right to know the categories of personal information we’ve collected and the categories of sources from which we got the information;
  • The right to know the business purposes for sharing personal information;
  • The right to know the categories of third parties with whom we’ve shared personal information;
  • The right to access the specific pieces of personal information we’ve collected;
  • The right to delete your information; and
  • The right to opt-out of the sale of your information.
  • California residents also have the right to not be discriminated against if they choose to exercise their privacy rights.
 
Your Personal Information
 
CATEGORIES OF PERSONAL INFORMATION UNDER THE CCPA
 
WHAT WE COLLECT WHY WE COLLECT THAT INFORMATION
Identifiers
 
 
We may collect your:
- Name
- Postal address
- Email address
- Personal online identifier
- Password
- IP address
- Social security number
- Drver's license number
 
We collect this information in order to provide services, complete transactions, and market to you. 
Personal information described in California Civil Code section 1798.80
 
We may collect your:
- Phone number
- Signature
- Insurance policy number
- Health insurance information
- Bank account number
 
We collect this information in order to provide services and complete transactions. 
Protected classifications under California or federal law
 
We may collect your:
- Race
- Sex
- National origin
- Age
- Familial status
We collect this information in order to provide services and complete transactions. 
Commercial information 
 
 
We do not collect this information. Not applicable.
Biometric information
 
We do not collect this information.
 
Not applicable.
Internet or other electronic network activity information
 
(browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement)
 
We may collect:
- Browser type
- Cookies
- Device type
- Domain names
- Access time/logs
 
We collect this information to keep track of login information, trailer content to consumer interests, and personalize our website. 
Geolocation data
 
We may collect this information.
 
We collect this information to keep track of login information, trailer content to consumer interests, and personalize our website. 
 
Audio, electronic, visual, thermal, olfactory, or similar information
 
We do not collect this information. Not applicable.
Professional or employment-related information
 
We may collect your employment history. We collect this information in order to provide services and complete transactions. 
 
Education information
 
(information that is not publicly available)
 
We may collect your education information. We collect this information in order to provide services and complete transactions. 
Inferences drawn from any of the above to create a profile about a consumer
 
We do not collect this information.  Not applicable.
 
We disclose personal information for business purposes only.
 
Your Rights Under the CCPA
 
Right to Opt-Out of Sale of Your Personal Information
Consumers have the right to request that a business that sells the consumer’s personal
information, or that discloses it for a business purpose, inform the consumer of what has been collected about them and who it has been sold or disclosed to.  Consumers also have the right, at any time, to direct a business that sells personal information about them not to sell their personal information.
 
  • Warner Pacific does not sell or share your personal information for monetary or other valuable consideration.
 
Right to Access / Data Portability
Consumers have the right to request that a business that collects personal information about them disclose the following: (1) The categories of personal information it has collected about that consumer; (2) The categories of sources from which the personal information is collected; (3) The business or commercial purpose for collecting or selling personal information; (4) The categories of third parties with whom the business shares personal information; (5) The specific pieces of personal information it has collected about that consumer.
 
  1. To exercise your right to access, you may submit a Verifiable Consumer Request by calling us toll free at (800) 801-2300, or by sending an email to compliance@warnerpacific.com.  Please include  “Request for Access” in the subject line.
  2. If you submit your response via email, we will reach out within 10 days to confirm that we have received your request. 
  3. We will then take steps to determine whether your request is a valid Verifiable Consumer Request.  If you have an account, we may ask you to login to confirm this information.  We will not ask you to create an account if you do not already have one.  We will only ask for information that is reasonable in light of the nature of your request.
  4. When you submit a request for access:
    1. Within 45 days, we will provide you with a copy of the information listed in “Right to Access / Data Portability,” above, by mail or electronically.  To the extent possible, this information shall be provided in a portable and useable format.
    2. In the event we need additional time, we will inform you within the initial 45-day period of our need for an additional 45 days (for a maximum of 90 days between request and provision of information). 
    3. We are not required to provide personal information to a consumer more than twice in a 12-month period.
    4. Please note, the CCPA does not apply to protected health information that is collected by a covered entity or business associate governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).  Much of the information we collect and maintain is governed by HIPAA, and as such, may not be provided upon submission of a request for access.  If you would like to learn more about your rights to access protected health information, please visit the U.S. Department of Health & Human Services at: https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.html
 
Right to Deletion
Consumers have the right to request that a business delete any personal information about them.  However, there are exceptions to this rule.  For example, a business does not have to delete information if it is necessary to: a) complete a transaction; b) prevent illegal activity; c) exercise free speech; d) comply with a legal obligation; e) identify or repair errors that impair functionality; or f) otherwise use a consumer’s personal information, internally, that is compatible with the context in which the consumer provided that information. 
 
  • To exercise your right to deletion, you may submit a Verifiable Consumer Request by calling us toll free at (800) 801-2300, or by sending an email to compliance@warnerpacific.com.  Please include “Request for Deletion” in the subject line.
  • We will reach out within 10 days to confirm that we have received your request. 
  • We will then take steps to determine whether your request is a valid Verifiable Consumer Request.  If you have an account, we may ask you to login to confirm this information.  We will not ask you to create an account if you do not already have one.  We will only ask for information that is reasonable in light of the nature of your request.
  • When you submit a request for deletion:
    • If you have an account, you can log in to request deletion. 
    • For consumers that do not have an account, we have created a two-step process for responding to requests for deletion.  After you submit the initial request, we will ask that you separately confirm that you would like your information deleted.  
    • If your request does not fall within one of the exceptions to deletion listed in “Right to Deletion,” above, we will confirm deletion within 45 days.  If we are not required to delete your account, we also let you know within 45 days. 
 
Right to Non-Discrimination
A business cannot discriminate against a consumer because the consumer exercised any of the consumer’s rights listed above. 
 
Questions: 
 
If you have any questions about this California Privacy Rights, or any Warner Pacific privacy practices, please reach out to us 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.
 
 
  1. Changes to this Privacy Policy
 
We may change this Privacy Policy from time to time. Laws, regulations, and industry standards evolve, which may make those changes necessary, or we may make changes to our services or business.  We will post the changes to this page and encourage you to review our Privacy Policy to stay informed.  If we make changes that materially alter your privacy rights, we will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should deactivate your account and cease use of our Services.
 
  1. Contact Us

 
If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at compliance@warnerpacific.com.

Business Associate Agreement

Effective Date: February 26, 2015.

By logging onto our system using your personal login credentials (User ID and Password), you are agreeing to the terms and conditions set forth in the Business Associate Agreement as follows:

This Business Associate Agreement (“Agreement”) is entered into effective Effective Date: February 26, 2015. (the “Effective Date”), 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 protected health information (“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;

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

  1. Catch-all definition: The following terms used in this Agreement shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use. Any other terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the HIPAA Rules.
  2. Specific definitions:
    1. Subcontractor. “Subcontractor” shall generally have the same meaning as the term “subcontractor” at 45 CFR 160.103. In this Agreement, 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.
    2. Business Associate. "Business Associate" shall generally have the same meaning as the term “business associate” at 45 CFR 160.103. In this Agreement, Business Associate shall mean you (the Agent) or the Agency that you represent.
    3. Covered Entity. "Covered Entity" shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103. In this Agreement, 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.
    4. HIPAA Rules. "HIPAA Rules" shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.

II. OBLIGATIONS AND ACTIVITIES OF GENERAL AGENT
General Agent agrees to:

  1. Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;
  2. 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 protected health information other than as provided for by the Agreement;
  3. Report to Covered Entity any use or disclosure of protected health information not provided for by the Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware;
  4. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of General Agent agree to the same restrictions, conditions, and requirements that apply to General Agent with respect to such information;
  5. Make available protected health information in a designated record set to the Business Associate as necessary to satisfy Business Associate’s or Covered Entity’s obligations under 45 CFR 164.524;
  6. Make any amendment(s) to protected health information in a designated record set as directed or agreed to by Business Associate pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy Business Associate’s or Covered Entity’s obligations under 45 CFR 164.526;
  7. 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;
  8. 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, comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligation(s); and
  9. Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.
  10. General Agent agrees to 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.

III. PERMITTED USES AND DISCLOSURES BY GENERAL AGENT

  1. 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:
    • Coordination with Business Associate, carriers and other business associates, as directed
    • Provide quoting services, proposal generation, applications, enrollment support, supplies, and materials for the carriers and plans selected by the Agent and the Covered Entity.
    • Customer service support to Business Associate and his/her employer clients/covered entities

General Agent may use PHI to de-identify the information consistent with 45 CFR 164.514(a)-(c).

  1. General Agent may use or disclose protected health information as required by law.
  2. General Agent agrees to make uses and disclosures and requests for protected health information consistent with Business Associate’s minimum necessary policies and procedures; any such disclosure shall be consistent with the minimum necessary standards in the HIPAA Rules.
  3. General Agent may not use or disclose protected health information in a manner that would violate Subpart E of 45 CFR Part 164 if done by Covered Entity, except for the specific uses and disclosures set forth in subsections (e) and (f) below.
  4. General Agent may use protected health information for the proper management and administration of General Agent or to carry out the legal responsibilities of General Agent.
  5. 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.
  6. General Agent may provide data aggregation services relating to the health care operations of Covered Entity.

IV. OBLIGATIONS OF BUSINESS ASSOCIATE/AGENT

  1. 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.
  2. 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.
  3. 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.
  4. Business Associate must execute a separate Business Associate Agreement with its employer clients/covered entities referenced in this contract. General Agent is not responsible for this agent responsibility.

V. PERMISSIBLE REQUESTS BY BUSINESS ASSOCIATE/AGENT
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 HIPAA Privacy Rule if done by Covered Entity, except as otherwise permitted by this Agreement.

VI. TERM AND TERMINATION

  1. 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.
  2. Termination for Cause. General Agent authorizes immediate termination of this Agreement by Business Associate, if Business Associate determines General Agent has violated a material term of the Agreement and General Agent 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.
  3. 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 subject to the same conditions set out at Sections III(e) and (f) which applied prior to termination; 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.

Business Associate has the option of requesting, in writing, that General Agent return the protected health information to another business associate of Covered Entity.

  1. Survival. The obligations of business associate under this Section shall survive the termination of this Agreement.

VII. MISCELLANEOUS

  1. Regulatory References. A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended.
  2. 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 the HIPAA Rules and any other applicable law, including state laws, as applicable.
  3. Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules.
  4. Counterparts. This Agreement may be executed in counterparts which, taken together, shall constitute the whole of this Agreement between the parties.
  5. Assignment. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors, heirs, and assigns.
  6. 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.
  7. 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.
  8. 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.
  9. Authorized Signature. Each party has authorized its undersigned representative whose signature appears below to execute this Agreement on that party’s behalf.
  10. 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 arbitration, and the procedures governing any arbitration shall be as set forth in the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Arbitration shall be the parties’ exclusive remedy.
  11. 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.
  12. 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.

Notice shall be given to General Agent as follows:

  • Tracy A. Morris, Director of Human Resources , Warner Pacific Insurance Services, Inc., 32110 Agoura Road, Westlake Village, CA 91361, Fax: 818-575-2310.

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
  1. Controlling Agreement. In the event any provision of this Agreement conflicts with the services agreement between the parties, this Agreement controls.
  2. 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.
  3. 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.

Covered California Disclosure

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.