2. What is Personal Data?
Personal Data generally includes any representation of information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means. Personal Data may include information: (i) that directly identifies an individual (e.g., name, address, social security number or other identifying number or code, telephone number, email address, etc.) or (ii) by which an organization intends to identify specific individuals in conjunction with other data elements, i.e., indirect identification. (These data elements may include a combination of gender, race, birth date, geographic indicator, and/or other descriptors). Additionally, information permitting the physical or online contacting of a specific individual is the same as Personal Data. This information can be maintained in any form.
3. Collection of Your Information
(a) Information you provide directly to us
Next may collect Personal Data in order to underwrite, sell, solicit, and negotiate insurance products and services. This includes:
- Your first and last name; phone number (both work and personal); home address; employment address; email address (both work and personal); date of birth; gender; any online profile you may have, including your Facebook, LinkedIn, or Google+ accounts; the last four digits of your social security number, marital status, financial data, educational background, and employment history.
- Information pertaining to your employment or business, including your business name (both its legal name and your “DBA” name); business ownership structure; length of time in business; the type of work you do; the number of employees or contractors you employ; the types of work your subcontractors do; type of work your employees do; estimated payroll (overall business and per employee); the time of day your employees work; employee names; business owners’ and officers’ names (state/location, name, date of birth, title, ownership percentage, duties, class code, payroll); location of workers and employees; concentration of employees and group transportation; employee turnover; employee activities with higher risks, background checks, safety, and hiring; FEIN and other state unemployment identifications and/or tax identifications; employee age(s); whether employees are seasonal or volunteers; the types of employees you hire; whether you lease or lease out employees; your company’s business and other business revenue metrics; the insurance status for workers and subcontractors; the reasons why you may, if applicable, be looking for insurance compensation; and the age of your clients (for tutors); and other information required for underwriting decisions. If the information you provide includes Personal Data of individuals (including your employees), you represent that you have provided notice to that third party and have obtained his or her consent, per Section 3(c), below.
- The amount of time you have worked in your industry.
- The number of vehicles you have, your vehicle identification number(s) (VIN), the address where the vehicle is registered (with the DMV), the address where the vehicle is parked overnight, the name of the vehicle’s registered owner, the ownership status of the vehicle (i.e., leased, financed, owned), the name of the leaseholder (if applicable), the primary use of the vehicle and annual miles driven, the year you were first licensed in the United States, any previous auto accidents and/or incidents, your driver’s license number.
- Information related to any prior insurance information or prior insurance claims.
- Information related to whether you are licensed to do certain types of work.
- Account history and data that you voluntarily provide us when you create a Next account.
- Any information you submit to us when/if you get in touch with our customer service team via contact form at Next, email, chat, phone, or other means.
- Information related to any social media or other online account you may have, such as your public profile and email address connected to those accounts. These companies will be able to tell you more about how they use and process your data.
- Any information you submit when writing a review about the products you have purchased. Please note that submitting an online review of a product is public and generally accessible to, and may be collected and used by, third parties. Next is not liable for the distribution of Personal Data that is put on a public forum.
- Your events on our Website, such as page views, order information, or information provided when requesting insurance quotes or surveys.
- Information collected using automated technologies, including web server logs that compile IP addresses, web beacons, and cookies.
- Sensitive information, such as your criminal background; criminal background of business owners; credit score; history of bankruptcy, tax, or credit liens; history of lawsuits related to poor workmanship, construction defects, water intrusion, or mold/fungi; and information relating to insurance or employee benefit programs.
- Information online when you visit our Website or access our Services from your computer or other device, or interact with us on or through social media.
- Any other information you voluntarily provide us.
You must only submit to us or the Website information and Personal Data which is accurate and not misleading, and you must keep it up to date and inform us of any changes. For any Personal Data you provide, we are authorized to collect or verify the same or similar information from our affiliates and other third parties, such as employers, insurers, brokers or agents, credit agencies, departments of motor vehicle and driver licensing, financial institutions, healthcare providers, and other sources.
(b) Personal Data we collect automatically
When you visit our Website, we may automatically collect certain information, which may also be categorized as Personal Data. This includes your IP address, the date and time you accessed our Services, the hardware, software or internet browser you use and information about your computer’s operating system. We might also collect information about clicks, which pages you have been browsing, and any information you have provided us in connection with shopping for or configuring insurance quotes.
(c) Personal Data you provide about other individuals
If you provide Personal Data about other individuals, such as your employees or dependents, you must first obtain their consent. By providing us with Personal Data of a third party, you hereby represent that you have provided notice to that third party and have obtained his or her consent. You must provide only accurate information, and refrain from providing information that is not necessary or requested.
(d) Mobile devices
(e) Public Forums
In providing you with an insurance quote, Next may search across various public Internet sources about you or your company. Based on this search, Next reserves the right to adjust your quoted insurance premiums and will bear no liability for the content’s accuracy, suitability, legality, or offensiveness. Next bears no responsibility or obligation to monitor user-generated content but nevertheless reserves the right to remove or edit user-generated information for any reason whatsoever. Should you encounter any issues with user-generated content, please contact us immediately.
4. How We Use Your Personal Data
Next collects information from you, including Personal Data, for a variety of purposes, as described below (collectively. “Purposes”). This may include to:
- Underwrite, sell, solicit, and negotiate insurance products and services.
- Process your order.
- Contact you regarding your account, your orders, upcoming and/or failed payments, renewals, and endorsements, or for any other important reason. This authorization is without regard to any “do not call” list registry.
- Provide you with a requested quote or offer goods and services of a third-party vendor. When you submit contact information to us as part of an attempted or completed request for a quote or offer for goods and services, you consent to receive telephone calls, emails, text messages, mailers, or other similar communications in connection with these goods and services. This is true even if your phone number is on any “do not call” list.
- Contact you with relation to our Services and products or services offered through our Services if you expressly provide us with your contact information in connection with our Services or the products or services offered through our Services. This authorization is without regard to any “do not call” list registry.
- Provide you with information and/or services you request.
- Determine eligibility and process applications for products and services.
- Inform you regarding products and services we may offer.
- Communicate, service, and bill accounts or clients.
- Inform the research and development of new products and services.
- Analyze claims data or other data to (i) respond to your questions or provide you information that you request; (ii) provide you with products, services, or subscriptions that you select, including associated benefits; (iii) carry out our obligations and enforce our rights arising from any contracts entered between you and us, including for billing and collection; (iv) present our Website and its contents to you; (v) help dynamically generate content on web pages or in newsletters; (vi) store information about your preferences, so we can better personalize your content; and (vii) conduct other commercial purchases, including advertising and product development.
- Obtain and update insurance or credit information with appropriate third parties, such as credit reporting agencies.
- Monitor and administer accounts and the services thereto.
- Conduct employee and other training.
- Perform market analysis, analytics, decisioning, advertising and marketing of products and services to you, or to facilitate advertising and marketing.
- Fulfill contractual obligations.
- Comply with or satisfy a legal or regulatory requirement.
- Fulfill any additional commercial purposes, provided that it is within the applicable law(s).
5. With Whom Do We Share Your Personal Data
- To insurers, reinsurers, insurance intermediaries, brokers, underwriters, insurance reference bureaus, medical service providers, fraud detection agencies, our advisers, loss adjusters, lawyers, accountants, and others involved in the claims handling process (“Disclosure”). Additionally, to guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing our compliance with industry standards, and our attorneys, accountants, and auditors.
- To third parties who assist us in operating our Website, conducting our business, or servicing you, including marketing and advertising.
- As permitted by law, to third party insurance rate advisory organizations and other organizations who compile commercial databases of insurance and financial information which may include premium and loss data, vehicle history, name, address, ownership structure, liens, judgements, and payment history.
- To comply with the law, enforce our Website policies, or protect our or others’ rights, property, or safety.
- If we are required to do so or have the good faith belief that such action is necessary to conform to the edicts of the law or comply with legal process or request served on Next.
- When necessary or appropriate to prevent physical harm or financial loss, in connection with an investigation of suspected or actual illegal activity.
- As required for company audits or to investigate a complaint or security threat.
- To enforce or apply our Website policies and/or other agreements, including for billing and payment collection purposes, or to protect the rights, property, or safety of Next or our customers, or others. This may include an exchange of information, including your Personal Data, to other companies and organizations for the purposes of fraud protection and credit risk reduction.
- For any other purpose you have consented to when required by applicable law and regulations.
- To our service providers which are contractually restricted from using or disclosing your information except as necessary to perform services on our behalf or to comply with legal requirements.
6. The Period For Which Your Personal Data Will Be Stored By Us
Next retains your data so long as necessary to fulfill the purposes for which it was collected unless a shorter retention period is otherwise agreed to by contract. Next may hold onto your data for a longer retention period if it is necessary to meet regulatory or legal requirements, enforce our Terms of Service, or prevent fraud or abuse, or in the ordinary course of archiving our business records.
7. Data Security
Next takes steps to protect your information from unauthorized access. While we take reasonable measures to protect the information you submit via the website against loss, theft, and unauthorized use, disclosure, or modification, we cannot guarantee its absolute security. No internet, email, or mobile application transmission is ever fully secure or error free. Email or other messages sent through the website may not be secure. You should use caution whenever submitting information through email or the website and take special care in deciding which information you provide us.
9. Third-Party Links
10. Do Not Track
Because a “Do Not Track” (DNT) standard has not yet been adopted, we do not currently respond to DNT signals.
11. Your Rights With Regard To Your Personal Data
12. Accessing and Updating Your Information
Next collect information about how you use our Website by using cookies. A cookie is a small text file, generated by a website, that is stored in the website user’s internet browser or computer or mobile device hard drive, on a temporary or permanent basis. Cookies allow a website to identify a user’s device whenever that user returns to the website. This provides the user with a more stable and enriching experience, and allows a website owner to gather usage information. You can find more detailed information about cookies and how they work at www.aboutcookies.org/.
You can configure your internet browser preferences to limit the acceptance and storage of cookies, but blocking all cookies may severely limit your browsing experience on our and other websites.
Next may also utilize web beacons and similar tracking technologies to gather information about your interactions with Next websites. A web beacon is a one-pixel usually-transparent electronic image inserted in web content or email messages. It passes information about pages and content viewed by Next Website users.
14. Next’s Cookie Use
Cookies allow Next to identify a user’s device when that user returns to Next’s Website and to run its Services more efficiently by providing a more stable experience custom to each user.
Cookies also may provide Next with information about its users and enable Next to compile aggregate user statistics.
The cookies Next uses vary. Some of the cookies Next uses are necessary to allow users to navigate secure areas containing content for registered users. Next also uses functional cookies to gather information about user choices such as language, region, or other settings. Information gleaned from these functional cookies is usually anonymized and not used for non-functional purposes.
Next uses analytical services to determine the effectiveness of our content, what interests our users, and the functionality of our Services. We also use web beacons (which are usually one- pixel electronic images inserted in web content or email messages), tracking pixels, and similar technologies to understand more about Website visitors and count visitor numbers.
Next utilizes performance cookies to track how many individual users visit our Website and how often they do so. While information gathered through web beacons, tracking pixels, and performance cookies are generally not used to personally identify any user, such data may be combined with other information to analyze personal website user information.
This Website does not utilize targeting cookies, which deliver targeted advertising. However, third party websites on which Next may advertise may use these cookies to track the success of those advertising campaigns. We may use web beacons to decipher which users arrived at our website after viewing an advertisement on such a third party website. Next does not glean Personal Data from the use of web beacons, but rather uses this technology to gauge the effectiveness of our ads and compile aggregated data about Website users. Web beacons may also work in concert with cookies on your device to monitor activity. You cannot block web beacons, and because they are not installed on your device, you cannot remove them.
However you can remove and block the cookies on which web beacons rely to glean information about your user activity.
15. Your control over cookies
You can control and manage your cookies in various ways. You can control whether you block or accept cookies by modifying your internet browser settings, including the selection of “do not track” options. You can accept all cookies, be notified when a cookie is sent, or reject all cookies. Most browsers also allow you to individually delete cookies, though this may cause you to lose preferences you set for various websites. Note that removing or blocking cookies may impair your user experience and prevent access to portions of Next’s Website. Next’s web beacons will still function without cookies, but will only record that the Website was anonymously visited. For more information about how to modify your browser settings to block or filter cookies, see www.aboutcookies.org/.
You can opt-out of having your anonymized browsing activity within websites recorded by analytics cookies.
A local shared object or flash cookie is similar to other cookies except that it can store additional information. These cookies cannot be filtered using the browser settings as described above. Some parts of Next’s Website use flash cookies to store preferences for media player functionality. Some video content may not play properly without these cookies. These cookies can be controlled manually by visiting the Adobe website.
16. International Users
Next and this Website are based in the United States. Next only offers insurance to United States residents. By using the Website, you consent to this collection, transfer, storage, and processing of information in the United States in accordance with the foregoing.
17. Next Does Not Intend to Collect Information of Children
18. California Privacy Rights, including under the California Consumer Privacy Act of 2018
(a) Personal Data Collection; Deletion; Opting Out
You have the right to request and obtain from us, once a year and free of charge, a list of all third parties, if any, to which Next has disclosed certain Personal Data during the preceding calendar year for the third parties’ direct marketing purposes.
You may request, up to two times each year, that we disclose to you the categories and specific pieces of Personal Data that we have collected about you, the categories of sources from which your Personal Data is collected, the business or commercial purpose for collecting your Personal Data, the categories of Personal Data that we disclosed for a business purpose, any categories of Personal Data about you that we sold, the categories of third-parties with whom we have shared your Personal Data, and the business or commercial purpose for selling your Personal Data, if applicable.
Subject to certain conditions, you may request deletion of your Personal Data collected or maintained by us (e.g., where you think that the information is inaccurate or unlawful). Please note that there are various lawful reasons why we may not be in a position to erase your Personal Data — for instance, (i) where we have to comply with a legal obligation, (ii) in case of exercising or defending legal claims, or (iii) where retention periods apply by law or policies.
For clarity, we will not sell your Personal Data to third parties for their direct marketing purposes unless you give us specific permission.
For requests under this Section 18, please send a request to firstname.lastname@example.org with the subject heading “California Privacy Rights,” or contact us using the information in Section 19 below. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information on covered sharing will be included in our response. Further, to protect the privacy of your information and account, we are required to verify all requests.
You have the right to exercise your rights described above free from discriminatory practices prohibited by California law.
(b) Designating Agent
You may designate an authorized agent to exercise your rights above. We reserve the right to require verification of your authorized agent’s identity and authority, which may include:
- Verification of your identity
- A power of attorney pursuant to California Probate Code sections 4000 – 4465 or otherwise sufficient in our discretion to establish your authorized agent’s authority; and/or
- Your authorized agent’s valid government-issued identification or other proof of identity acceptable to us in our sole discretion.
19. Contact Us
If you have any questions relating to this Statement or your Personal Data that Next maintains, or wish to change the specific Personal Data you have provided, please contact us at Next Insurance, Inc., by phone at 855-222-5919, by email at email@example.com, by postal mail to PO Box 60787, Palo Alto, CA 94306, or website at https://www.next-insurance.com/help-center/.