CALIFORNIA PRIVACY Statement
Last Updated December 27, 2019: Effective January 1, 2020
1. What Personal Information Does Merchants Collect?
The type of personal information we collect may vary depending on your relationship with us, such as if you are an insured, an applicant for insurance, a representative or indemnitor of one of our corporate insureds, or a third party filing a claim. We may have collected the following categories of personal information:
||Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, or other similar identifiers.
|B. Personal information, as defined in the California Customer Records law
(Cal. Civ. Code § 1798.80(e))
|Name, signature, Social Security number, physical characteristics or description, address, telephone number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
|C. Characteristics of protected classification under California or federal law
||Age (40 years or older), marital status, medical condition, physical or mental disability, sex, and veteran or military status.
|D. Commercial information
||Records of personal property, transaction information and history.
|E. Biometric information
|F. Internet or other similar network activity
||Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
|G. Geolocation data
|H. Sensory data
||Photographs or video recordings created in connection with our business activities, and recordings of calls to our representatives and call centers.
|I. Professional or employment-related information
||Current or past job history or performance evaluations.
|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))
|K. Inferences drawn from other personal information
||Profile or summary drawn from any of the personal information listed above to create a profile or summary about, for example, and individual’s preferences and characteristics.
For purposes of this Statement, “Personal Information” does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA's scope, like:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994
2. What Are Merchants Sources of Personal Information?
We collect the personal information described above directly from you such as through your transactions with Merchants, including through our insurance producers, business partners, and your interactions with us on our websites and social media pages. We also collect this personal information from other categories of sources such as publicly available databases, consumer reporting agencies, commercially available sources, third parties authorized by you such as financial service providers, and prior and current employers, when they share the information with us.
3. How Does Merchants Use Personal Information?
Depending on your relationship with us, we may use the personal information described above for the following purposes:
- To operate, manage, and maintain our business, such as to make insurance decisions, communicate with you and others as part of our business, provide our products and services, and maintain records;
- To develop and improve our products and services, such as to undertake quality and safety assurance measures, audit customer interactions, facilitate social sharing functionality, resolve complaints, and evaluate customer service;
- For our employment and vendor management purposes;
- For security purposes, such as to maintain our facilities and infrastructure, protect against malicious, deceptive, or fraudulent activity, and conduct internal investigations;
- For monitoring purposes, such as to establish the existence of facts, maintain compliance with regulatory or self-regulatory practices, or for other purposes permissible under applicable law;
- To perform other necessary and appropriate internal functions, such as accounting and auditing;
- To report to credit bureaus;
- To conduct research, analytics, and data analysis, and for marketing purposes, such as to personalize, advertise, and market our products and services and administer contests and promotions, in accordance with applicable law, and
- To comply with legal and regulatory requirements, defend legal claims, and assist with legal processes such as investigations, and regulatory requests, litigation, and arbitration.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
4. How Does Merchants Share Personal Information?
Depending on your relationship with us, we may share your personal information for the purposes described in Section 3 with the following categories of recipients: entities within the Merchants family, including subsidiaries and affiliates; insurance and distribution parties; service providers; providers of Internet-connected devices and associated software; governmental authorities and third parties involved in court action; parties to a merger or acquisition; and our business partners or other third parties as may be required and where we have obtained the appropriate authorization.
The following categories of personal information may have been disclosed as described above:
A: Identifiers, such as name, contact information, online identifiers and Social Security numbers and other government-issued ID numbers;
B: Personal information, as defined in the California Customer Records law, such as insurance policy or bond number, education, employment, employment history, financial information and medical information;
C: Characteristics of protected classification under California or federal law, such as age (40 years or older) marital status, sex, and veteran or military status.
D: Commercial information, such as transaction information and history;
F: Internet or network activity information, to the extent you visit our websites or use our software applications, such as browsing history and interactions with our and other websites and systems;
I: Professional or employment-related information, such as work history, prior employer, information relating to references, details of qualifications, skills and experience, human resources data, and data necessary for benefits and related administration services; and
K: Inferences drawn from other personal information listed above to create a profile or summary about, for example, and individual’s preferences and characteristics.
When we share personal information with a non-affiliated third party, that third party cannot use the information except to perform services of Merchants, or as may be permitted or required by law.
5. What Information Does Merchants Sell About Me?
In the preceding twelve (12) months, we have not given or sold our consumers' personal information to other companies for marketing purposes. However, you still retain your right to opt out of the sale of your personal information. If in the future, we anticipate selling your personal information to any party for marketing purposes, we will provide notice so that you may exercise your opt-in and opt-out rights required by federal and state laws and regulations including the California Consumer Privacy Act (CCPA) if you have not done so already.
6. What Rights Are Available To Me?
If you are a California resident and this Statement applies to you, you may request that we:
1. Disclose to you the following information covering the 12 months preceding your request:
- The categories of personal information we collected about you and the categories of sources from which we collected such personal information;
- The specific pieces of personal information we collected about you;
- The business or commercial purpose for collecting personal information about you;
- The categories of personal information about you that we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed such personal information (if applicable).
2. Do not sell your personal information. Merchants does not sell your personal information for marketing purposes. However, for the purposes of the CCPA, “selling” information broadly means scenarios where we have shared personal information with partners in exchange for valuable consideration. You have the right to receive the categories of personal information that were sold and the categories of recipients of that information.
3. Delete certain personal information we collected from you. In the event that you choose to exercise this right, please note that we may nevertheless retain your personal information as permitted under applicable law, including but not limited to the following purposes:
- To provide goods or services within the context of our relationship with you;
- To detect security incidents or other fraudulent or illegal activity;
- To comply with Merchants’ legal and regulatory obligations; and
- To enable other uses that are compatible with your expectations or appropriate given the context in which the personal information was collected.
Exercising Your CCPA Rights
In order to make any of the requests listed above, please contact us using any of the methods below:
- Visiting www.merchantsbonding.com/privacy
- Calling us at 1-800-678-8171
- Mailing your request to:
Merchants Bonding Company (Mutual)
Attn: Compliance Officer
P O BOX 14498
Des Moines, IA 50306-3498
Notification of Changes to this Policy
We may change or update this California Privacy Statement from time to time. When we do, we will post the revised California Privacy Statement on this page with a new “Last Updated” date.