Privacy Policy USA

Our Privacy Pledge

Clements & Co. (“Clements Worldwide”), along with the insurance companies we represent, believe that information personal to our clients and prospects should be respected and protected. For this reason, we are committed to protecting your nonpublic personal information and using it only as appropriate or necessary to provide you with the best possible service and products. This Privacy Policy, which describes our information practices and policies in detail, applies to our relationship with you as an individual who enquires about or obtains products or services from us for personal, family or household purposes.

Our Commitments to Privacy

Our privacy commitments are fundamental to the way we run our business. Unless otherwise noted or governed by law, these commitments apply to everyone who has a relationship with us – including customers, partners, and website visitors. Clements Worldwide is committed to providing you with the best overall experience in all of our products and services. We strive to strike the right balance between using your data to ensure the quality of those experiences and protecting your privacy. We have assessed all aspects of our business and optimized the amount of data we collect to find the right balance between data sharing and service.

Scope

This policy applies to all information we collect about you, information we collect directly from you, information we automatically collect, information we collect through our mobile application(s), and information we collect from third parties. This policy covers many legislative statutes such as CCPA, CPRA, CPA, CDPA, VCDPA, UCPA.

Personal, Anonymous, and Aggregate Information

Personal Data, also referred to as PII or personally identifiable information, is Information that identifies or reasonably can be used to identify you. Examples include your: (i) Name, (ii) Mailing address, (iii) Email address, (iv) Phone number, (v) Date of birth or age, (vi) Credit/debit card number, (vii) Purchase information, (viii) Mobile device information, (ix) How you use our sites and mobile applications, (x) Social media information. Anonymous Information is information that doesn’t identify you and can’t reasonably be used to identify you specifically. Finally, Aggregate Information is information taken from many people’s data and combined into anonymous groups or categories.

Cookies

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. For example, cookies are used to remember users’ preferences and to help navigate between pages efficiently. Clements Worldwide sends cookies to your computer from our website. We use cookies in order to monitor customer traffic patterns and site usage so we can develop the design and layout of our website. This process is to ensure we better meet the needs of visitors to our website. It includes non-specific data such as mouse movements and pages visited.

Should you wish to refuse to accept cookies or restrict the data what we collect through our software, you can alter your cookies setting in your web browser. This may however mean you will be unable to access parts of our website. For more information on cookies you can visit http://www.allaboutcookies.org/.

Your Consent

By providing your personal information to Clements Worldwide you consent to the processing, transfer and retention of your personal data. We do not knowingly collect, use, or disclose information of children under the age of sixteen (16) without the consent of their parents or legal guardians. In any instance where such information was collected, it would be purely accidental and unintentional.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last 12 months:

Category	Examples	Collected?
A. Identifiers	A real name, alias, postal address, unique personal identifier, online identifier, internal protocol address, email address, account name, social security number, driver’s license number, passport number, other similar identifiers.	YES
B. Personal information categories listed in the California customer records statute (Cal.Civ Code 1798.80)	A name, signature, security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, debit card number, or any other financial information, some personal information included in these categories may overlap with other categories.	YES
C. Protected Classification characteristics under California or federal Law	Age (40 years or older) race, colour, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES
D. Commercial information	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric information	Genetic, physiological, behavioural, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints and voiceprints, iris or retina scans, key stroke, gait, or other physical patterns, and sleep, health, or exercise data.	YES
F. Internet or other similar network activity	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation data	Physical location or movements.	YES
H. Sensory data	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information	Current or past job history or performance evaluations.	YES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g,34 C.F.R Part 99))	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information	Profiles reflecting a person’s preferences, characterises, psychological trends, predispositions, behaviour, attitudes, intelligence, abilities, and aptitudes.	NO

Some of the personal information, such as information relating to health or criminal convictions, may be required by us for the specific purposes of underwriting or as part of the claims handling process. The provision of such information is necessary for us to be able to provide you with insurance or manage a claim. Such information will only be used for the specific purposes set out in our notice. Personal information does not include; Publicly available information from government records, de-identified or aggregated consumer information and information excluded from the  scope.

How We Obtain Personal Information

We obtain the categories of personal information listed above from a number of sources such as; directly from our clients or their agents, indirectly from our clients or their agents, directly and indirectly from activity on our website (www.clements.com) and from third parties that interact with us in connection with the service we perform.

Use of Personal Information

We may use the personal information we hold about you for the purposes for which the information was collected i.e. providing insurance; including handling claims and any other related purposes, underwriting (which may include underwriting decisions made via automated means), offering renewal terms, pricing or statistical purposes. We may also use your data to safeguard against fraud and money laundering and to meet our general legal and regulatory obligations or to respond to law enforcement requests.

Sharing Personal Information

We may disclose your personal information for business purposes to third parties involved in providing products or services to us, or to service providers who perform services on our behalf. These include our group companies, affinity partners, brokers, agents, third party administrators, insurers, reinsurers, other insurance intermediaries, insurance reference bureaus, credit agencies, medical service providers, fraud detection agencies, loss adjusters, external law firms, external accountants and auditors, regulatory authorities, and as may be required by law. In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose;

• Identifiers
• Customer records personal information categories
• Protected classification
• Commercial information
• Biometric information
• Internet or other similar network activity
• Geolocation data
• Professional or employment-related information

In the preceding twelve (12) months we have not sold any personal information.

 Information We Disclose to Third Parties

We do not disclose personal information about you to third parties for their own marketing purposes or to contact you about their own products or services. We share personal information about you with third parties (that is, people and companies that are not affiliated with us) only as appropriate or necessary to provide you with our products and services and as otherwise permitted by law. For example, we may disclose your personal information as appropriate or necessary to service your policy and to administer and provide you with benefits in accordance with the terms and provisions thereof; to investigate, administer, and pay or deny or otherwise resolve claims; to comply with state and federal regulatory requests or demands; and to process other transactions that you request.

Persons and other third parties to whom we may make such disclosures may include persons who perform a business function for us, insurance regulators or law-enforcement authorities, insurance companies (The represented companies may share information with their affiliates so that they may offer you additional products and services. They do not disclose information to other companies or organizations not affiliated with them for the purpose of using information to sell their products or services to you.), preferred provider organizations, reinsurers, insurance and claim adjusters, insurance premium auditors, attorneys who are retained by us or by them, and persons requesting information pursuant to subpoena or court order.

International Transfer of Personal Data

Due to the global nature of our business, for the purposes set out above we may transfer Personal Information to parties located in other countries.  For example, we may transfer Personal Information in order to process international travel insurance claims and provide emergency medical assistance services when you are abroad.  We may transfer information internationally to our group companies, service providers, business partners and governmental or public authorities. If your data originate in the European Economic Area (EEA), we may send your data outside the EEA for processing and storage. By submitting your personal data to us you are consenting to the storage and transfer of your data in this way. If we do this we will take reasonable steps to protect your data. Such transfer will comply with all applicable data protection regulations and with our obligation to adequately protect and secure your personal information.

Retention Of Personal Data

Clement Worldwide takes reasonable steps to ensure that the Personal Information we process is reliable for its intended use, and as accurate and complete as is necessary to carry out the purposes described in this Privacy Policy. We will retain Personal Information for as long as reasonably necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. In most cases this will be for (7) years following the end of our relationship with you, however in some instances we may retain your personal data for longer periods of time, for instance; where we are required to do so in accordance with legal, regulatory, tax or accounting requirements.

Your Rights

You have specific rights regarding your personal information.

• Right to access of your personal information
• Right to rectification of your personal information
• Right to deletion
• Right of restriction
• Right of Portability
• Right to opt out of sales
• Right against automated decision making
• Private right of action

Once we receive and confirm your request, we can disclose to you:

• The categories of personal information we collected about you
• The categories of sources for the person information we collected
• Our business or commercial purpose for collecting that personal information
• The categories of third parties with whom we share that person information
• The specific pieces of personal information we collected about you
• Whether we sold or disclosed your personal information for a business purpose

Sensitive Personal Information (PI)

We will ask for your consent to process any sensitive personal information.

By providing your personal information to Clements Worldwide you consent to the processing, transfer and retention of your personal data. We do not knowingly collect, use, or disclose information of children under the age of sixteen (16) without the consent of their parents or legal guardians. In any instance where such information was collected, it would be purely accidental and unintentional. Some examples of Sensitive Personal Information;

• social Security number
• state Identity card
• passport
• driver license
• account log-in
• financial accounts
• debit or credit card information
• racial or ethnic origin
• religious or philosophical beliefs
• union memberships

You have the right to limit our use of your Sensitive Personal Information in certain circumstances.

Deletion Request

Individuals have the right to request that we delete any of their personal information that we collected from them and retained, subject to certain exceptions.

Once we received and confirm the consumer request, we will delete their personal information from our records, unless an exception applies.

We may deny a deletion request if retaining the information is necessary:

• To complete the transaction for which we collected the personal information, provide a good or service that was requested, take actions reasonably anticipated within the context of our ongoing business relationship, or otherwise perform our contract.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Exercise free speech ensure the right of another individual to exercise their free speech rights, or exercise another right provided for by law.
• Comply with any relevant Electronic Communications Privacy Acts
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which an individual provided it.

To exercise the access, data portability, and deletion rights described above please submit a request to us.

We will review your request to ensure that it is a verifiable consumer request and relates to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Subject Access and Data Deletion Request

A subject access request is a request from or on behalf of an individual which seeks to discover whether Clements is processing the personal data of that individual, if so, to have access to that information and, in addition, to be provided with additional information, which corresponds to the information provided in this privacy policy. We endeavour to respond to a verified consumer request within 30 days of its receipt. To exercise the access, data portability, and deletion rights described above please submit a consumer request to us by contacting our email.

Response Times

We endeavour to respond to a verified consumer request within 30 days of its receipt. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not deny you goods or service, charge you different prices or rates for goods or services, provide you with a different level or quality of goods or services or suggest that you may receive a different price or rate for goods or services.

Changes to Privacy Policy

We review this Privacy Policy regularly and reserve the right to make changes at any time to take account of changes in our business and legal requirements.  We will place updates on our website.