Legal & Privacy Center

Chubb Group U.S. Privacy Policy

Rev. 03/2024

FACTS: WHAT DOES CHUBB GROUP DO WITH YOUR PERSONAL INFORMATION?

Why?

Insurance companies choose how they share your personal information. Federal and state law gives consumers the right to limit some but not all sharing. Federal and state law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

What?

The types of personal information we collect and share depend on the product or service you have with us. This information can include:
• Social Security number and payment history

• insurance claim history and medical information

• account transactions and credit scores

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When you are no longer our customer, we continue to share information about you as described in this notice.

How?

All insurance companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons insurance companies can share their customers’ personal information; the reasons the Chubb Group chooses to share; and whether you can limit this sharing.

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Who is providing this notice? The Chubb Group. A list of these companies is located at the end of this document.

What we do

How does Chubb Group protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

We restrict access to personal information to our employees, affiliates' employees, or others who need to know that information to service the account or to conduct our normal business operations.

How does Chubb Group collect my personal information?

We collect your personal information, for example, when you:

• apply for insurance or pay insurance premiums
• file an insurance claim or provide account information
• give us your contact information

We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can't I limit all sharing?

Federal law gives you the right to limit only:

• sharing for affiliates' everyday business purposes – information about your creditworthiness
• affiliates from using your information to market to you
• sharing for nonaffiliates to market to you

State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.

Definitions

Affiliates – Companies related by common ownership or control. They can be financial and nonfinancial companies.

• Our affiliates include those with a Chubb name and financial companies, such as Westchester Fire Insurance Company and Great Northern Insurance Company.

Nonaffiliates – Companies not related by common ownership or control. They can be financial and nonfinancial companies.

• Chubb does not share with nonaffiliates so they can market to you.

Joint Marketing – A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

• Our joint marketing partners include categories of companies such as banks.

Other important information

Chubb Group Companies Providing This Notice

This notice is being provided by the following Chubb Group companies to their customers located in the United States: ACE American Insurance Company, ACE Capital Title Reinsurance Company, ACE Fire Underwriters Insurance Company, ACE Insurance Company of the Midwest, ACE Life Insurance Company, ACE Property and Casualty Insurance Company, Agri General Insurance Company, Atlantic Employers Insurance Company, Bankers Standard Insurance Company, Century Indemnity Company, Chubb Custom Insurance Company, Chubb Indemnity Insurance Company, Chubb Insurance Company of New Jersey, Chubb Lloyds Insurance Company of Texas, Chubb National Insurance Company, Executive Risk Indemnity Inc., Executive Risk Specialty Insurance Company, Federal Insurance Company, Great Northern Insurance Company, Illinois Union Insurance Company, Indemnity Insurance Company of North America, Insurance Company of North America, Pacific Employers Insurance Company, Pacific Indemnity Company, Penn Millers Insurance Company, Vigilant Insurance Company, Westchester Fire Insurance Company and Westchester Surplus Lines Insurance Company.

For Insurance Customers in AZ, CA, CT, GA, IL, MA, ME, MN, MT, NC, NJ, NV, OH, OR, and VA only: Under state law, under certain circumstances, you have the right to see the personal information about you that we have on file. To see your information, write Chubb Group, Attention: Privacy Inquiries, 202 Hall's Mill Road, P.O. Box 1600, Whitehouse Station, NJ 08889-1600. Chubb may charge a reasonable fee to cover the costs of providing this information. If you think any of the information is not accurate or if you would like us to delete any of this information, you may write us. We will let you know what actions we take. If you do not agree with our actions, you may send us a statement. If you want a full description of privacy rights that we will protect in accordance with the law in your home state, please contact us and we will provide it. We may disclose information to certain third parties, such as law enforcement officers, without your permission.

For Nevada residents only: We may contact our existing customers by telephone to offer additional insurance products that we believe may be of interest to you. Under state law, you have the right to opt out of these calls by adding your name to our internal do-not-call list. To opt out of these calls, or for more information about your opt out rights, please contact our customer service department. You can reach us by calling 1-800-258-2930, emailing us at privacyinquiries@Chubb.com, or writing to Chubb Group, Attention: Privacy Inquiries, 202 Hall's Mill Road, P.O. Box 1600, Whitehouse Station, NJ 08889-1600. You are being provided this notice under Nevada state law. In addition to contacting Chubb, Nevada residents can contact the Nevada Attorney General for more information about your opt out rights by calling 775-684-1100, emailing bcpinfo@ag.state.nv.us, or by writing to: Office of the Attorney General, Nevada Department of Justice, Bureau of Consumer Protection: 100 North Carson Street, Carson City, NV 89701.

For California residents only: Under state law, under certain circumstances, you also have the right to correct, amend, or delete the personal information about you that we have on file by writing to Chubb Group, Attention: Privacy Inquiries, 202 Hall's Mill Road, P.O. Box 1600, Whitehouse Station, NJ 08889-1600. We will respond to your request within 30 business days.

For Vermont residents only: Under state law, we will not share information about your creditworthiness within our corporate family except with your authorization or consent, but we may share information about our transactions or experiences with you within our corporate family without your consent.

Chubb Group Companies Providing This Notice

This notice is being provided by the following Chubb Group companies to their customers located in the United States: ACE American Insurance Company, ACE Capital Title Reinsurance Company, ACE Fire Underwriters Insurance Company, ACE Insurance Company of the Midwest, ACE Life Insurance Company, ACE Property and Casualty Insurance Company, Agri General Insurance Company, Atlantic Employers Insurance Company, Bankers Standard Insurance Company, Century Indemnity Company, Chubb Custom Insurance Company, Chubb Indemnity Insurance Company, Chubb Insurance Company of New Jersey, Chubb Lloyds Insurance Company of Texas, Chubb National Insurance Company, Executive Risk Indemnity Inc., Executive Risk Specialty Insurance Company, Federal Insurance Company, Great Northern Insurance Company, Illinois Union Insurance Company, Indemnity Insurance Company of North America, Insurance Company of North America, Pacific Employers Insurance Company, Pacific Indemnity Company, Penn Millers Insurance Company, Vigilant Insurance Company, Westchester Fire Insurance Company and Westchester Surplus Lines Insurance Company.

Chubb DNC Policy

The term “Chubb” as used herein, means those insurers doing business in the United States that are directly or indirectly owned by Chubb Limited.Chubb does not place marketing telephone calls (which for purposes of this Policy include text messages) to numbers appearing on a state or federal Do Not Call list (unless permitted by applicable law) or to the number of a person who has requested not to receive telemarketing calls made by or on behalf of Chubb.If you ask not to receive telemarketing calls from us, you will be placed on our internally-maintained Do Not Call list and will not be called during any future telemarketing campaigns within the next five years (or any longer period required by applicable law). Any request to be placed on our internally-maintained Do Not Call list will be processed within a reasonable amount of time, not to exceed 30 days (or any shorter period required by applicable law).Chubb employees receive training on how to use our internally-maintained Do Not Call list; how to document, process and honor requests to be placed on its internally-maintained Do Not Call list; and proper identification during telemarketing calls. Chubb requires any third-party that initiates telemarketing calls on Chubb’s behalf to comply with this policy.We reserve the right to revise this Do Not Call Policy.

Chubb Fraud Notice

Fraud Notice: (Should Be on Back). “Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and shall also be subject to criminal and civil penalties.”

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Chubb HIPAA Privacy Notice

Notice of HIPAA Privacy Practices for Protected Health Information
 
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
 
This notice is effective as of November 2, 2023.
 
The Chubb Group of Companies, as affiliated covered and hybrid entities, (the "Company") is required by law to take reasonable steps to ensure the privacy of your personally identifiable health information, and to inform you about:
 
§   The Company's uses and disclosures of Protected Health Information ("PHI");
§   Your privacy rights with respect to your PHI;
§   The Company's duties with respect to your PHI;
§   Your right to file a complaint with the Company and to the Secretary of the U.S. Department of Health and Human Services (“Secretary of Health and Human Services” or "HHS"); and
§   The person or office to contact for further information regarding the Company's privacy practices.
 
PHI includes all individually identifiable health information transmitted or maintained by the Company, regardless of form (e.g., oral, written, electronic).
 
A federal law, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), regulates PHI use and disclosure by the Company. You may find these rules at 45 Code of Federal Regulations Parts 160 and 164.
This notice attempts to summarize the regulations. The regulations will supersede any discrepancy between the information in this notice and the regulations.
 
I. Notice of PHI Uses and Disclosures
 
A. Required Uses and Disclosures
 
Upon your request, the Company is required to give you access to certain PHI in order to inspect and copy it.
 
Use and disclosure of your PHI may be required by the Secretary of Health and Human Services to investigate or determine the Company’s compliance with the privacy regulations.
B. Uses and Disclosures to Carry Out Treatment, Payment, and Health Care Operations
 
The Company and its business associates will use PHI without your consent, authorization or opportunity to agree or object to carry out treatment, payment and health care operations. The Company may also disclose PHI to a plan sponsor for purposes related to treatment, payment and health care operations and as otherwise permitted under HIPAA to the extent the plan documents restrict the use and disclosure of PHI as required by HIPAA.
 
Treatment is the provision, coordination or management of health care and related services. It also includes, but is not limited to, consultations and referrals between one or more of your providers. For example, the Company may disclose to a treating orthodontist the name of your treating dentist so that the orthodontist may ask for your dental X-rays from the treating dentist.
 
Payment includes, but is not limited to, actions to make coverage determinations and payment (including establishing employee contributions, claims management, obtaining payment under a contract of reinsurance,

utilization review and pre-authorizations). For example, the Company may tell a doctor whether you are eligible for coverage or what percentage of the bill will be paid by the Company.
Health care operations include, but are not limited to, underwriting, premium rating and other insurance activities relating to creating or reviewing insurance contracts. It also includes disease management, case management, conducting or arranging for medical review, legal services and auditing functions including fraud and abuse compliance programs, business planning and development, business management and general administrative activities. For example, the Company may use information about your claims to refer you to a disease management program, project future benefit costs or audit the accuracy of its claims processing functions. The Company will not use or disclose PHI that is genetic information for underwriting purposes.
 
The Company also may contact you to provide appointment reminders or information about treatment alternatives or health-related benefits and services that may be of interest to you.
 
C.   Uses and Disclosures that Require Your Written Authorization
 
The Company will not use or disclose your PHI for the following purposes without your specific, written authorization:
§   Use and disclosure of psychotherapy notes, except for your treatment, Company training programs, or to defend the Company against litigation filed by you.
§   Use and disclosure for marketing purposes, except for face to face communications with you.
§   Use and disclosure that constitute the sale of your PHI. The Company does not sell the PHI of its customers.
Except as otherwise indicated in this notice, uses and disclosures of PHI will be made only with your written authorization subject to your right to revoke such authorization. You may revoke an authorization by submitting a written revocation to the Company at any time. If you revoke your authorization, the Company will no longer use or disclose your PHI under the authorization. However, any use or disclosure made in reliance of your authorization before its revocation will not be affected.
 
D. Uses and Disclosures Requiring Authorizations or Opportunity to Agree or Disagree Prior to the Use or Release
 
If you authorize in writing the Company to use or disclose your own PHI, the Company may proceed with such use or disclosure without meeting any other requirements and the use or disclosure shall be consistent with the authorization.
 
Disclosure of your PHI to family members, other relatives or your close personal friends is allowed if:
 
§   The information is directly relevant to the family or friend's involvement with your care or payment for that care; and
§   You have either agreed to the disclosure or have been given an opportunity to object and have not objected.
 
E. Uses and Disclosures for which Consent, Authorization or Opportunity to Object is Not Required
 
Use and disclosure of your PHI is allowed without your authorization or request under the following circumstances:
 
(1)       When required by law.
(2)       When permitted for purposes of public health activities, including when necessary to report product defects, permit product recalls and conduct post-market surveillance. PHI may also be used or disclosed if you may have been exposed to a communicable disease or are at risk of contracting or spreading a

disease or condition, if authorized by law.
 
(3)       When authorized by law to report information about abuse, neglect or domestic violence. In such case, the Company will promptly inform you that such a disclosure has been or will be made unless that notice would cause a risk of serious harm. For the purpose of reporting child abuse or neglect, it is not necessary to inform the minor that such a disclosure has been or will be made. Disclosure may generally be made to the minor’s parents or other representatives although there may be circumstances under federal or state law where the parents or other representatives may not be given access to the minor’s PHI.
 
(4)       The Company may disclose your PHI to a health oversight agency for oversight activities authorized by law. This includes uses or disclosures in civil, administrative or criminal investigations; inspections; licensure or disciplinary actions (for example, to investigate complaints against providers); and other activities necessary for appropriate oversight of government benefit programs (for example, to investigate Medicare or Medicaid fraud).
 
(5)       The Company may disclose your PHI when required for judicial or administrative proceedings. For example, your PHI may be disclosed in response to a subpoena or discovery request provided certain conditions are met. One of those conditions is that satisfactory assurances must be given to the Company that the requesting party has made a good faith attempt to provide written notice to you, and the notice provided sufficient information about the proceeding to permit you to raise an objection and no objections were raised or all objections were resolved in favor of disclosure by the court or tribunal.
 
(6)       When required for law enforcement purposes (for example, to report certain types of wounds).
 
(7)       For law enforcement purposes, including for the purpose of identifying or locating a suspect, fugitive, material witness or missing person. Also, when disclosing information about an individual who is or is suspected to be a victim of a crime but only if the individual agrees to the disclosure or the Company is unable to obtain the individual’s agreement because of emergency circumstances. Furthermore, the law enforcement official must represent that the information is not intended to be used against the individual, the immediate law enforcement activity would be materially and adversely affected by waiting to obtain the individual’s agreement and disclosure is in the best interest of the individual as determined by the exercise of the Company’s best judgment.
(8)       When required to be given to a coroner or medical examiner for the purpose of identifying a deceased person, determining a cause of death or other duties as authorized by law. Disclosure is permitted to funeral directors, consistent with applicable law, as necessary to carry out their duties with respect to the decedent. The Company may also disclose your PHI to organ procurement organizations.
(9)       The Company may use or disclose PHI for government-approved research, subject to conditions.
 
(10) When consistent with applicable law and standards of ethical conduct if the Company, in good faith, believes the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public and the disclosure is to a person reasonably able to prevent or lessen the threat, including the target of the threat.
 
(11) For certain government functions such as related to military service or national security.
 
(12) When authorized by and to the extent necessary to comply with workers’ compensation or other similar programs established by law.
 
(13) That is "incident to" an otherwise permitted use or disclosure of PHI by the Company.

II.                                 Rights of Individuals
 
A. Right to Request Restrictions on Use and Disclosure of PHI
 
You may request the Company to restrict its use and disclosure of your PHI to carry out treatment, payment or health care operations, or to restrict its use and disclosure to family members, relatives, friends or other persons identified by you who are involved in your care or payment for your care. However, the Company may not be required to agree to your request, unless you have paid out of pocket in full for services, depending on the specific facts.
 
The Company will accommodate reasonable requests to receive communications of PHI by alternative means or at alternative locations, such as a location other than your home. The Company will accommodate this request if you state in writing that you would be in danger from receiving communications through the normal means.
 
You or your personal representative will be required to complete a form to request restrictions on uses and disclosures of your PHI.
 
Such requests should be made to the Company by writing to North America Chief Privacy Officer, Chubb Group, 202 Hall’s Mill Road, Whitehouse Station, NJ 08889, calling 1-833-324-9798, or emailing naprivacyoffice@chubb.com.
 
B. Right to Inspect and Copy PHI
 
You have a right to inspect and obtain a copy of your PHI contained in a "designated record set," for as long as the Company maintains the PHI.
 
“Protected Health Information” (PHI) includes all individually identifiable health information transmitted or maintained by the Company, regardless of form.
 
"Designated Record Set" includes the medical records and billing records about individuals maintained by or for a covered health care provider; enrollment, payment, billing, claims adjudication and case or medical management record systems maintained by or for a health plan; or other information used in whole or in part by or for the covered entity to make decisions about individuals. Information used for quality control or peer review analyses and not used to make decisions about individuals is not in the designated record set.
 
The requested information will be provided within 30 days if the information is maintained on site or within 60 days if the information is maintained offsite. A single 30-day extension is allowed if the Company is unable to comply with the deadline.
 
You or your personal representative will be required to complete a form to request access to the PHI in your designated record set. Requests for access to PHI should be made by writing to North America Chief Privacy Officer, Chubb Group, 202 Hall’s Mill Road, Whitehouse Station, NJ 08889, calling 1-833-324-9798, or emailing naprivacyoffice@chubb.com.
 
If access is denied, you or your personal representative will be provided with a written denial setting forth the basis for the denial, a description of how you may exercise those review rights and a description of how you may complain to the Secretary of Health and Human Services.
 
C.   Right to Amend PHI
 
You have the right to request the Company amend your PHI or a record about you in a designated record set for as long as the PHI is maintained in the designated record set.
 
The Company has 60 days after the request to act on the request. A single 30-day extension is allowed if the

Company is unable to comply with the deadline. If the request is denied in whole or part, the Company must provide you with a written denial that explains the basis for the denial. You or your personal representative may then submit a written statement disagreeing with the denial and have that statement included with any future disclosures of your PHI.
 
Requests for amendment of PHI in a designated record set should be made by writing to North America Chief Privacy Officer, Chubb Group, 202 Hall’s Mill Road, Whitehouse Station, NJ 08889, calling 1-833-324-9798, or emailing naprivacyoffice@chubb.com.
 
You or your personal representative(s) will be required to complete a form to request amendment of the PHI in your designated record set.
 
D.   Right to Receive an Accounting of PHI Uses and Disclosures
 
Upon your request, the Company will provide you with an accounting of disclosures by the Company of your PHI during the six (6) years prior to the date of your request. However, such accounting need not include PHI disclosures made to carry out treatment, payment or health care operations, and certain other disclosures such as (1) to individuals about their own PHI; (2) prior to the compliance date; or (3) based upon your own written authorization.
 
If the accounting cannot be provided within 60 days, an additional 30 days is allowed if the individual is given a written statement of the reasons for the delay and the date by which the accounting will be provided.
 
If you request more than one accounting within a 12-month period, the Company will charge a reasonable, cost- based fee for each subsequent accounting.
 
E. Right to Obtain a Paper Copy of This Notice Upon Request (even if you have consented to receive this notice electronically)
 
To obtain a paper copy of this notice contact: North America Chief Privacy Officer, Chubb Group, 202 Hall’s Mill Road, Whitehouse Station, NJ 08889, phone 1-833-324-9798, or email naprivacyoffice@chubb.com.
 
F.   Note About Personal Representatives
 
You may exercise your rights through a personal representative. Your personal representative will be required to produce evidence of his/her authority to act on your behalf before that person will be given access to your PHI or allowed to take any action for you. Proof of such authority may take one of the following forms:
 
§   A power of attorney for health care purposes, notarized by a notary public;
§   A court order of appointment of the person as the conservator or guardian of the individual; or
§   An individual who is the parent of a minor child.
 
The Company retains discretion to deny access to your PHI to a personal representative to provide protection to those vulnerable people who depend on others to exercise their rights under these rules and who may be subject to abuse or neglect. This also applies to personal representatives of minors.
 
III.                            The Company's Duties
 
The Company is required by law to maintain the privacy of PHI and to provide individuals (participants and beneficiaries) with notice of its legal duties and privacy practices and to notify affected individuals of a breach of unsecured PHI. The Company is required to abide by the terms of this notice.
 
The Company reserves the right to change its privacy practices and to apply the changes to any PHI received or

maintained by the Company prior to that date. If a privacy practice is changed, a revised version of this notice will be provided to all past and present participants and beneficiaries for whom the Company still maintains PHI. This notice and any revised version of this notice will be posted on the Company’s internal website or mailed.
 
Any revised version of this notice will be distributed within 60 days of the effective date of any material change to the uses or disclosures, the individual's rights, the duties of the Company or other privacy practices stated in this notice.
 
A.  "Minimum Necessary" Standard
 
When using or disclosing PHI, or when requesting PHI from another covered entity, the Company will make reasonable efforts not to use, disclose or request more than the minimum amount of PHI necessary to accomplish the intended purpose of the use, disclosure or request, taking into consideration practical and technological limitations.
 
However, the minimum necessary standard will not apply in the following situations:
§   Disclosures to or requests by a health care provider for treatment;
§   Uses or disclosures made to the individual;
§   Disclosures made to the Secretary of Health and Human Services;
§   Uses or disclosures that are required by law; and
§   Uses or disclosures that are required for the Company's compliance with legal regulations.
 
This notice does not apply to information that has been "de-identified." De-identified information is information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual. De-identified information is not individually identifiable health information.
 
In addition, the Company may use or disclose "summary health information" to a plan sponsor for obtaining premium bids or modifying, amending or terminating coverage under a group health plan, which summarizes the claims history, claims expenses or type of claims experienced by individuals for whom the plan sponsor has provided health benefits under the group health plan; and from which identifying information has been deleted in accordance with HIPAA.
 
IV.                           Your Right to File a Complaint with the Company or the HHS Secretary
 
If you believe that your privacy rights have been violated, you may complain to the Company by writing to North America Chief Privacy Officer, Chubb Group, 202 Hall’s Mill Road, Whitehouse Station, NJ 08889, calling 1- 833-324-9798, or emailing naprivacyoffice@chubb.com.
 
You may file a complaint with the U.S. Department of Health and Human Services by sending a written complaint to Centralized Case Management Operations, U.S. Department of Health and Human Services, 200 Independence Avenue, S.W ., Room 509F HHH Bldg., Washington, D.C. 20201, emailing OCRComplaint@hhs.gov, faxing (202) 619-3818, or visiting https://www.hhs.gov/hipaa/filing-a- complaint/index.html.
 
Your complaint must be submitted within 180 days of when you believe the violation occurred. The Company will not retaliate against you for filing a complaint.
 
V.                            Contact Information
 
If you have any questions regarding this notice or the subjects addressed in it, you may contact: North America Chief Privacy Officer, Chubb Group, 202 Hall’s Mill Road, Whitehouse Station, NJ 08889, phone 1-833-324- 9798, or email naprivacyoffice@chubb.com.

VI.                         Chubb Group Legal Entities
 
This following is a list of the Chubb Group of Companies located in the United States: ACE American Insurance Company, ACE Fire Underwriters Insurance Company, ACE Insurance Company of the Midwest, ACE Life Insurance Company, ACE Property and Casualty Insurance Company, Agri General Insurance Company, Atlantic Employers Insurance Company, Bankers Standard Insurance Company, Century Indemnity Company, Chubb Custom Insurance Company, Chubb Indemnity Insurance Company, Chubb Insurance Company of New Jersey, Chubb Lloyds Insurance Company of Texas, Chubb National Insurance Company, Executive Risk Indemnity Inc., Executive Risk Specialty Insurance Company, Federal Insurance Company, Great Northern Insurance Company, Illinois Union Insurance Company, Indemnity Insurance Company of North America, Insurance Company of North America, Pacific Employers Insurance Company, Pacific Indemnity Company, Penn Millers Insurance Company, Vigilant Insurance Company, Westchester Fire Insurance Company, Westchester Surplus Lines Insurance Company, Combined Insurance Company of America, and Combined Life Insurance Company of New York. These companies have designated themselves as hybrid entities and only those designated health care components identified by such companies are subject to HIPAA. In addition, these companies are legally separate affiliated companies under common ownership and have designated themselves as a single covered entity for purposes of HIPAA compliance.
Fraud Notice: (Should Be on Back). “Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and shall also be subject to criminal and civil penalties.”

Electronic Enrollment and Payment Authorization

By enrolling electronically, you acknowledge that you have read and understand the insurance coverage terms and related notices. You authorize your financial institution and the plan administrator to automatically charge your account monthly, according to the rate schedule for the coverage you select. Your payment authorization will remain in effect until you notify the Plan Administrator and they have a reasonable opportunity to act on it. It is your responsibility to ensure that your account information is current and accurate. By proceeding, you consent to receive all notices, documents, and claim payments electronically, as outlined in our Electronic Consent Agreement. You may withdraw your consent at any time.

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Smirk Privacy Policy

Effective Date: January 1, 2025

At Smirk Health ("Company," "we," "us," or "our"), your privacy is important to us. This Privacy Policy explains how we collect, use, disclose, and protect your information when you visit our website ("Site") and the services provided through it (collectively, "Services"). By accessing or using our Site, you consent to the practices described in this policy.

If you do not agree with the terms of this Privacy Policy, please do not use our Site.

1. Information We Collect

We may collect information about you in a variety of ways, including:

a. Personal Information You Provide

Account Information: When you register for an account, we collect your name, email address, phone number, and payment details.

Contact Forms: Information you provide when submitting inquiries or requests via the Site.

b. Automatically Collected Information

Usage Data: Information about your use of the Site, such as access times, pages viewed, and device interactions.

Cookies and Tracking Technologies: Data collected through cookies, web beacons, and similar technologies to enhance your experience.

c. Third-Party Information

Information about you provided by third-party service providers, such as payment processors or marketing partners.

2. How We Use Your Information

We use the information we collect for purposes including:

To Provide Services: Facilitate purchases, process payments, and manage accounts.

To Improve Services: Analyze usage trends, troubleshoot issues, and develop new features.

To Communicate: Send you updates, notifications, and promotional materials.

To Comply with Legal Obligations: Fulfill regulatory requirements and enforce our terms.

Personalization and Recommendations: Provide personalized content and suggestions to enhance your experience.

Fraud Prevention and Security: Detect and prevent fraudulent or unauthorized activities to ensure a secure user environment.

3. Sharing Your Information

We may share your information with:

Service Providers: Third parties that assist with payment processing, hosting, analytics, and customer support.

Advertising Partners: Collaborate with ad networks to show you relevant promotions. Your identifiable personal information is not shared for advertising.

Legal Authorities: When required by law or to protect our legal rights.

Business Transfers: If we are involved in a merger, acquisition, or asset sale, your information may be transferred as part of that transaction.

4. Data Security

We implement administrative, technical, and physical safeguards to protect your information. These include:

• Encryption during data transmission.
• Secure storage systems for personal data.
• Regular security audits to maintain system integrity.

However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

5. Your Rights and Choices

Access and Correction: You may access and update your personal information through your account settings on the Site.

Marketing Preferences: Opt out of receiving promotional communications by following the instructions in our emails.

Cookies and Identifiers: Modify browser settings to restrict tracking or disable cookies.

6. Retention of Personal Information

We retain your personal information for as long as necessary to provide the Services or comply with legal obligations. When no longer needed, we securely delete or anonymize your information.

7. Children's Privacy

Our Site is not intended for children under 18. We do not knowingly collect personal information from children. If you believe we have collected such information, please contact us to request deletion.

8. Cookies and Tracking Technologies

We use cookies and similar technologies to enhance functionality and improve user experience. These include:

• Tracking user interactions for performance analysis.
• Enhancing user personalization.

You can manage cookie preferences through your browser settings.

9. Third-Party Links and Integrations

Our Site may include links to third-party websites. We are not responsible for their content or privacy practices. This Privacy Policy does not apply to third-party websites.

10. International Users

If you access our Site from outside the United States, your information may be transferred to and processed in the U.S. By using the Site, you consent to such transfer and processing.

11. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Changes will be effective upon posting on the Site. Your continued use of the Site constitutes acceptance of the updated policy.

12. Contact Us

The Smirk App is developed by Smirk Health. If you have any questions about this Privacy Policy, please contact us:

Smirk Health
Email: support@smirkhealth.com
Address: 166 Hargraves Drive, Ste C-400 PMB 131, Austin, TX 78737

Thank you for trusting Smirk Health!

Smirk Terms and Conditions

Effective Date: January 1, 2025

Welcome to Smirk Health ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website ("Site") located at www.smirkhealth.com and the services provided through the Site, including the purchase of dental insurance plans, dental discount products, provider searches, and informational content (collectively, "Services"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Site or Services.

1. General Terms

These Terms constitute a legally binding agreement between you and Smirk Health. By using the Site, you represent that you have read, understood, and agree to these Terms and our Privacy Policy. Supplemental terms or policies may apply to specific features of the Site and are incorporated herein by reference. We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting on the Site, and your continued use of the Site constitutes acceptance of the updated Terms. The Site is not intended for distribution or use in any jurisdiction where such distribution or use would be contrary to law or regulation. By accessing the Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws. The Site is intended for users who are at least 18 years old. Persons under 18 are prohibited from registering or using the Site.

2. Eligibility

You must be at least 18 years old to use this Site and purchase Services. By using the Site, you represent and warrant that you meet this eligibility requirement.

3. Use of the Site

You agree to use the Site only for lawful purposes. You are prohibited from:

• Interfering with or disrupting the operation of the Site.
• Attempting to gain unauthorized access to any part of the Site or its related systems.
• Using the Site to harass, harm, or defraud any person or entity.

4. Account Registration

Certain features of the Site may require you to create an account. You agree to:

• Provide accurate and complete information during registration.
• Maintain the security of your account credentials.
• Notify us immediately of any unauthorized use of your account.

5. Purchases and Payments

All prices for dental insurance plans and dental discount products are listed in USD and are subject to change without notice. Payment must be made at the time of purchase through our secure payment gateway. By completing a purchase, you agree to the terms of the dental insurance plan or dental discount product as outlined in the policy documents. If your purchase is subject to recurring charges, you authorize us to charge your payment method on a recurring basis until cancellation. We reserve the right to correct pricing errors even after payment has been received.

6. Refund Policy

Refer to the refund policy provided earlier for Smirk Health.

7. Provider Network Information

While we strive to keep our provider network information accurate and up-to-date, we do not guarantee that the information is error-free. Providers may change their participation status without notice. Please verify network participation with your selected provider before scheduling an appointment.

8. Intellectual Property Rights

Unless otherwise indicated, the Site and its content, including text, graphics, software, and trademarks, are the proprietary property of Smirk Health or its licensors. You are granted a limited license to use the Site and its content for personal, non-commercial purposes. All rights not expressly granted are reserved by Smirk Health.

9. Prohibited Activities

You agree not to:

• Use the Site for any unauthorized or illegal purposes.
• Systematically retrieve data from the Site to create a database.
• Circumvent security features of the Site.
• Use automated tools like bots or scrapers to access the Site.
• Upload or transmit harmful content such as viruses.

10. Limitation of Liability

To the fullest extent permitted by law, Smirk Health shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use or inability to use the Site or Services. Our total liability for any claims relating to the Services shall not exceed the amount you paid for the Services in the preceding 12 months.

11. Termination

We reserve the right to terminate or suspend your access to the Site and Services at our sole discretion, without notice, for any reason, including violation of these Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

13. Changes to These Terms

We may update these Terms from time to time. Changes will be effective immediately upon posting on the Site. Your continued use of the Site constitutes acceptance of the updated Terms.

14. Contact Us

If you have any questions about these Terms, please contact us at:

Smirk Health
Email: support@smirkhealth.com
Address: 166 Hargraves Drive, Ste C-400 PMB 131, Austin, TX 78737

Smirk Refund Policy

At Smirk Health, we are committed to providing our customers with the best possible dental insurance plans. We understand that circumstances may arise where a refund is necessary. Please read our refund policy carefully to understand the terms under which refunds may be granted for dental insurance purchases.

Refund Period

Refund requests must be submitted within 30 days of the policy's purchase date. After this period, no refunds will be granted.

Unused Coverage

To be eligible for a refund, no claims must have been filed under the policy during the period of coverage. If any claims have been processed, refunds will not be issued.

Cancellation Terms

If you cancel your dental insurance policy within the first 30 days and have not used any services, you may qualify for a refund of the premium paid, minus any applicable administrative fees.

Prorated Refunds

If you cancel the policy after the first 30 days, a pro-rated refund may be available for the unused portion of your coverage, provided that no claims have been filed. This refund will be calculated based on the remaining days of coverage.

Non-Refundable Fees

Certain fees are non-refundable, including:

Administrative Fees: Any fees associated with policy issuance, setup, or administrative costs are non-refundable.

Claims-Related Services: Any services provided in relation to processing, reviewing, or filing claims are non-refundable once initiated.

Digital Services: Any digital or web-based services (e.g., access to account management platforms) that have been utilized are non-refundable.

How to Request a Refund

To request a refund, please contact our Customer Support team at support@smirkhealth.com or use the contact form on our website.

Please provide the following information:

• Your full name and contact information
• Your policy number and proof of purchase
• The reason for your refund request

Our team will review your request and determine if you are eligible for a refund. If your refund is approved, we will notify you and process the refund within 10 business days.

Refund Approval and Processing

Review Process: Once we receive your refund request, we will review your eligibility based on the terms of your policy and whether any claims have been made.

Refund Method: Refunds will be issued via the original payment method. Processing times may vary depending on your financial institution but are typically completed within 5–10 business days.

Partial Refunds: For policies canceled mid-term, a pro-rated refund may be issued based on the unused portion of the policy term, as long as no claims have been processed.

Cancellations and Refunds After Coverage Begins

Once the policy's coverage period has begun, refunds will generally not be issued, except as described under the pro-rated refund conditions.

If your policy has already provided coverage or if you have utilized services under the policy (such as dental treatments or claims submissions), refunds will not be available.

Exceptions and Special Cases

Fraud or Misrepresentation: Smirk Health reserves the right to deny refunds if we suspect fraud, abuse, or misrepresentation of information provided during the policy purchase or claims process.

Force Majeure: In circumstances beyond our control (e.g., natural disasters, changes in law, or other significant disruptions), Smirk Health may be unable to issue refunds, and we will not be held responsible for any delays or inability to provide refunds.

Changes to the Refund Policy

Smirk Health reserves the right to modify or update this refund policy at any time. Any changes will be posted on our website, and we encourage customers to review this policy regularly.

Deleting your account‍

To request the deletion of your account and all stored data, please email info@smirkheatlh.com.

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Contact Us

If you have any questions regarding this refund policy or need further assistance, please contact our support team at support@smirkhealth.com.
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We are here to help you.

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