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

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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. DISPUTE RESOLUTION

  2. 14.1 Waiver.
    • 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.

    14.2 Governing Law; Jurisdiction. These Terms are governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Warner Pacific agree that, except as otherwise provided in Section 14.3, the state and federal courts located in the County of Los Angeles, California will have exclusive jurisdiction of all Disputes arising out of or related to these Terms or your use of the Services and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Warner Pacific shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.

    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.
  3. 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.

  1. CONTACT US

Warner Pacific Insurance Services, Inc.

compliance@warnerpacific.com

 
 

 

Privacy and Security Policy

Effective: January 26, 2021

  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
  • Username/Password
  • Fax numbers
  • IP address
  • Date of birth
  • Social security number
  • Driver’s license number or ID card number
  • Gender
  • Race
  • National Origin
  • Familial status
  • Location information
  • Health insurance information
  • Health insurance policy number
  • Bank account information
  • Geolocation information
  • Signature
  • Employment history
  • Education information
  • Photograph
  • Geolocation information
  • Internet or other electronic network activity 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.

Device 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 is not limited to, handling your enrollment in insurance coverage; 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.com or 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 collecting, using, or selling 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, used, disclosed, and/or sold;
  • The right to opt-out of the sale of your personal information;
  • The right to delete/anonymize your information, with limited exceptions; and
  • California residents also have the right to not be discriminated against if they choose to exercise their privacy rights.

Your Personal Information
In the past 12 months , we may have collected the following information about you depending on your interaction with us:

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
  • Username/Password
  • IP address
  • Social security number
  • Driver’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 and fax 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
  • Gender
  • National origin
  • Age
  • Familial status

We collect this information in order to provide services and complete transactions. 

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 may collect photographs.

We collect this information in order to provide services and complete transactions. 

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. 

For more information on the personal information we collect, from where we collect this information, and how we use this information, please see the sections The Information We Collect and How We Use Your Personal Information above.

We may share your personal information with the third parties list above in section How We Share Your Information . In addition to the above, California law requires that we provide you with information about certain disclosures to such third parties within the past 12 months, particularly, where the disclosure involves monetary or other consideration. California treats these disclosures as “sales” of information, even where no money is exchanged. We do not sell personal information, and we do not sell, or have actual knowledge of any sale of, the personal information of minors under 16 years of age.

We may, however, have disclosed, in the past 12 months, the following categories of personal information to the following third parties for our operational business purposes in accordance with California law:

Category of Personal Information

Third Party to Whom We Have Shared such Category of Personal Information for a Business Purpose

Identifiers

 

  • Our partners and affiliated companies.
  • Advisers and financial institutions, including, legal, tax, auditors, risk and compliance, notaries, and business continuity support services;
  • Service providers and suppliers, including, IT outsourcing, marketing, and email management. 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;
  • Where permitted by applicable laws, with third-parties in connection with a corporate restructuring, sale, transfer or assignment of assets or business, merger, divestiture, or other changes to the company’s control or financial status (or any of our affiliates); and
  • Government bodies and dispute resolution and law enforcement organizations, as applicable

Personal information described in California Civil Code section 1798.80

  • Partners
  • Advisors and financial institutions
  • Service Providers
  • Third Parties
  • Government bodies

Protected classifications under California or federal law

  • Partners
  • Advisors and financial institutions
  • Service Providers
  • Third Parties
  • Government bodies

Internet or other electronic network activity information

  • Service Providers
  • Government bodies

 

Geolocation data

  • Service Providers
  • Government bodies

 

Audio, electronic, visual, thermal, olfactory, or similar information

  • Service Providers
  • Government bodies

 

Professional or employment-related information

  • Partners
  • Advisors and financial institutions
  • Service Providers
  • Third Parties
  • Government bodies

Education information

  • Partners
  • Advisors and financial institutions
  • Service Providers
  • Third Parties
  • Government bodies

 

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.

  • To exercise your right to access, 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.
  • If you submit your response via email, 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 we possess appropriate information about you on file (e.g., name, phone number, email), we will attempt to verify your identity using that information. We will not ask you to create an account if you do not already have one, and we will only ask for information that is reasonable in light of the nature of your request. If it is not reasonably possible to identify you adequately, we may not be able to respond to your request.  
  • When you submit a request for access:
    • 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.
    • 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). 
    • We are not required to provide personal information to a consumer more than twice in a 12-month period.
    • 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: a) to complete a transaction; b) to prevent illegal activity; c) to exercise free speech; d) to comply with a legal obligation; e) to identify or repair errors that impair functionality; f) for internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with us, or g) for internal purposes, that are compatible with the context in which the consumer provided that information. 

  1. To exercise your right to deletion, 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.
  2. 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. If you do not have an account, but we possess appropriate information about you on file (e.g., name, phone number, email), we will attempt to verify your identity using that information. We will not ask you to create an account if you do not already have one, and we will only ask for information that is reasonable in light of the nature of your request. If it is not reasonably possible to identify you adequately, we may not be able to respond to your request.  
  4. When you submit a request for deletion:
    1. After you submit the initial request, we will ask that you separately confirm that you would like your information deleted.  
    2. 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 information, we will 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. 

Authorized Agents
To use an authorized agent to make a request on your behalf, you will need to directly confirm with us that you provided the authorized agent permission to submit the request and provide us with signed permission for the authorized agent to act on your behalf. You will also need to verify your identity, directly with us.

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: January 26, 2021

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

  1. 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.
  1. 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.
  1. 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:

  1. Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;
  2. 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.
  3. 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.
  4. 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;
  5. 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;
  6. 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;
  7. 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
  8. 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, .
  9. 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.
  10. 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.
  11. 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

  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.
  2. General Agent may use PHI to de-identify the information consistent with 45 CFR 164.514(a)-(c).
  3. General Agent may use or disclose protected health information as required by law.
  4. 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).
  5. 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).
  6. 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

  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 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

  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. 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.
  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
    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.
  4. Business Associate has the option of requesting, in writing, that General Agent return the protected health information to another business associate of Covered Entity.
  5. Survival. The obligations of General Agent under this Section shall survive the termination of this Agreement.

VII. MISCELLANEOUS

  1. Regulatory References. A reference in this Agreement to a section of applicable law 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 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.
  3. Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the Privacy Rule.
  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 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.
  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.
  13. 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.
  14. 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.
  15. Controlling Agreement. In the event any provision of this Agreement conflicts with the services agreement between the parties, this Agreement controls.
  16. 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.
  17. 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.

 

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.