Effective Date: January 1, 2021
We at Avalon Risk Management Insurance Agency LLC and Knight Transportation Insurance Services LLC along with our respective subsidiaries and affiliates (collectively, "ARM"), respect your concerns about privacy.
This Privacy Notice applies when you visit our website and/or when you access and use Merlin, DOT Merlin, Importer Vetting, or other ARM software or services. This Privacy Notice describes the types of personal information we collect about consumers, how we may use the information and with whom we may share it. The notice also describes the measures we take to safeguard the personal information. In addition, we tell you how you can ask us to (i) access or change the personal information we maintain about you, (ii) withdraw consent you previously provided to us, (iii) refrain from sending you certain communications, and (iv) answer questions you may have about our privacy practices.
This Privacy Notice is not a contract and does not create any contractual rights or obligations. ARM does not warrant and is not responsible for the accuracy or reliability of information contained in our website, software, applications, or services. Also, any insurance policy or surety bond information is provided for reference purposes only. It does not provide, alter, amend, or extend coverage. Only the insurance policy or surety bond can provide coverage. If any conflicts should arise between the website and the insurance policy, the insurance policy provisions shall always prevail.
Information We Obtain
We may obtain consumer personal information (such as name, contact details and payment information) in connection with various activities such as (i) use of the ARM website, software, applications, or services (ii) marketing and promotions and (iii) calls placed with underwriting, claims, sales, customer service and accounting staff.
We collect and disclose nonpublic personal information about you in order to conduct your business. We will limit this collection and disclosure of nonpublic personal information to what we reasonably believe is needed to administer your insurance account. The collection of nonpublic personal information may be provided by you from one of the following sources:
Information you share with us directly when you visit our website and utilize our services, by means of an insurance application or application for services, policy change form, certificate of insurance request form, claim form or other forms that you may complete;
- Information about you, which is obtained from your transactions with us, our affiliates, or others;
- Information you provide or which we obtain during the process of handling a claim; and
- Information about you from a consumer reporting agency.
- Other types of personal information we may obtain include:
- Individual and business contact information (such as name, company name, physical address, email address and telephone or fax number)
- Information that enables us to verify an individual's identity
- Names, email addresses and telephone numbers of others to whom we are asked to send information
- Information provided in response to surveys
- Username, password, and other credentials used to access ARM products and services
- Social media handles, content and other data posted on our official social media pages or elsewhere on the Internet (such as other public locations), and information (such as email address and other information you allow to be shared).
- Payment information (including payment card details or online payment services number and invoicing address) and financial information (such as bank account numbers).
- Tax identification number in circumstances in which you request products or services for which this information is required
- Other personal information that may be provided to us to obtain an ARM product or service
In addition, when you visit our website, we may collect certain information by automated means, such as cookies and web beacons. The information we collect in this manner includes IP address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken, and dates and times of activity. A "cookie" is a text file that website send to a visitor's computer or other Internet-connected device to uniquely identify the visitor's browser or to store information or settings in the browser. A "web beacon" also known as an Internet tag, pixel tag or clear GIF, links web pages or apps to web servers and may be used to transmit information back to a web server. Through these automated collection methods, we obtain and store “clickstream” data to tell us usage patterns. We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you to let us know, for example, whether you have opened an email we sent to you. We also may use third-party analytics tools that collect information about visitor traffic on our website. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all the features of our website or apps. We may collect personal information about our visitors' online activities, over time and across third-party website, when using our website.
How We Use The Information We Obtain
We may use the information we obtain to:
- Provide products and services you request
- Process and collect payments
- Provide customer support and respond to and communicate with you about your requests, questions, and comments
- Offer you products and services we believe may interest you
- Communicate about, and administer your participation in webinars, seminars, conferences, conventions, special events, surveys, and ARM-sponsored activities.
- Enable you to interact with ARM through social media
- Send information to your contacts if you ask us to do so
- Process claims we receive in connection with our insurance or surety products and services
- Operate, evaluate, and improve our business (including developing new products and services; managing our communications; determining the effectiveness of our sales, marketing, and advertising; analyzing and enhancing our products, services, and website; ensuring the security of our networks and information systems; performing accounting, auditing, invoicing, reconciliation, and collection activities; and improving and maintaining the quality of our customer services)
- Perform data analyses (including market and consumer search and analytics, trend analysis and profiling, financial analysis, and anonymization of personal information)
- Protect against, identify, and prevent fraud and other prohibited or illegal activity, and other liabilities
- Comply with applicable legal requirements and our policies
- Establish, exercise, and defend legal claims
- Monitor and report compliance issues
In addition, we use information collected online through cookies, web beacons and other automated means for purposes such as (i) customizing our users' visits to our website, (ii) delivering content (including advertising) tailored to our users' interests and the manner in which our users browse our website, and (iii) managing our business. We may supplement data we collect through automated means with information about your location (such as your zip code) to provide you with content that may be of interest to you. We also use this information to help diagnose technical and service problems, administer our website and apps, identify users of our, and gather demographic information about our users. We use clickstream data to determine usage patterns and how we may tailor our website and apps to better meet the needs of our users. Our website are not designed to respond to "do not track" requests from browsers.
Information We Share
In the course of administering your account, we may disclose nonpublic personal information about you to the following third parties:
- Financial service providers, such as sureties, insurers, reinsurers, insurance agents/brokers;
- Or others, such as claims adjusters, surveyors, third-party administrators.
We do not share personal information about you, except as described in this Privacy Notice. We also share personal information with third parties who perform services on our behalf based on our instructions. These third parties are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.
We also may disclose information about you (i) if we are required to do so by law, regulation, or legal process (such as a court order or subpoena), (ii) in response to requests by government agencies, such as law enforcement and regulatory agencies, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual fraudulent activity. We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, or liquidation).
We offer you certain choices about how we communicate with you and what information we collect from you. You may choose not to receive marketing email communications from us by clicking on the unsubscribe link in our marketing emails, selecting the Email Unsubscribe link below, or contacting us as specified in the "How To Contact Us" section below. You also may ask us not to send you other marketing communications by contacting us as specified in the "How To Contact Us" section below, and we will honor your request. Consistent with the choices available in the "Information We Share" section, you may withdraw your consent or object to certain information sharing by selecting or by contacting us as indicated below. In addition, as required by law, you may object at any time on legitimate grounds and free of charge to the processing of your personal information, and we will apply your preferences going forward.
Email firstname.lastname@example.org to Unsubscribe
If you are a California resident, you may ask us to refrain from sharing your personal information with certain of our affiliates and other third parties for their marketing purposes. Please tell us your preference by contacting us as specified below.
Access and Correction
Subject to applicable law, (i) you may obtain a copy of certain personal information we maintain about you or update or correct inaccuracies in that information through your My ARM account on ARM.com or (ii) you may have the right to obtain access to personal information we maintain about you by contacting us as indicated in the "How To Contact Us" section of this Privacy Notice. To help protect your privacy and maintain security, we will take steps to verify your identity and/or may ask you to provide other details before granting you access to the information. In addition, if you believe that personal information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated below.
We may transfer the personal information we collect about you to countries other than the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information.
When we transfer your personal information to other countries, we will protect that information as described in this Privacy Notice and in accordance with applicable law. We use contractual protections for the transfer of personal information among various jurisdictions (including, for example, the European Commission's standard contractual clauses).
How We Protect Personal Information
We maintain administrative, technical, and physical safeguards designed to protect the personal information you provide against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure or use. The security of your personally identifiable information is important to us but no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Additional Notice for California Consumers
This part of our Privacy Notice applies to consumers who reside in the State of California.
Personal Information We Collect about California Consumers
We describe the personal information we have collected about consumers in the twelve (12) months preceding the effective date of this Privacy Notice in the part of our Privacy Notice titled, “Information We Obtain.” The information we have obtained includes the following:
Identifiers such as name, physical address, email address, username, password, and other credentials used to access ARM products and services, social media handles, and, when you visit our website, use our apps or interact with ARM-related tools, widgets or plug-ins, Internet Protocol address and unique device identifier.
The following categories of personal information described in California Civil Code § 1798.80(e): (1) the personal information listed in the preceding bullet point as “identifiers,” (2) signature, (3) telephone number, (4) payment information (including payment card details or online payment services number and invoicing address) and financial information (such as bank account numbers), and (5) the other information that identifies, relates to, describes, or is capable of being associated with, a particular individual that we describe in “Information We Obtain.”
Commercial information, including (1) records of services purchased or received from ARM, (2) information provided to us regarding the content of certain shipments, but only to the extent an identifiable person can be linked to such content, (3) information on actions taken on ARM website which may include information about ARM services considered, and (4) information about consumer preferences and behavior that we collect on our website.
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with ARM website and ARM advertisements that we display on ARM website.
Audio information from calls placed with customer service and accounting centers which may be recorded, and electronic information in the form of Internet or other electronic network activity information as described above.
Professional or employment-related information in the form of business contact information such as name, company name, physical address and email address and telephone or fax number.
Inferences drawn from (1) the information we collect when you visit our website, use our apps, or interact with ARM-related tools, widgets or plug-ins or our official social media pages, (2) information we collect, including through third-party suppliers, regarding content and other data posted on the Internet (such as public locations on the Internet), and (3) information about consumer preferences and behavior that we collect on our website and mobile apps or purchase from third parties in order to create a profile about a consumer reflecting the consumer’s preferences, characteristics, predispositions, behavior, and attitudes.
We collect this personal information from sources including yourself directly and others whom you instruct to interact with us on your behalf. For more information, please see “Information We Obtain.”
Disclosures of Personal Information for Monetary or Other Valuable Consideration or for Business Purposes
We do not disclose personal information for monetary or other valuable consideration. We have disclosed personal information in all or substantially all of the categories identified in this Additional Notice for California Resident Consumers for various business purposes. For more information about the categories of personal information we have disclosed, the categories of entities with which we have disclosed this information and the purposes for which we have disclosed the information, please see “Information We Share.”
We do not disclose personal information of individuals we know to be under the age of 16 to business or third parties for monetary or other valuable consideration as a “sale” under California law, without affirmative authorization.
Use of Personal Information about California Consumers
We use the personal information we collect about California consumers for the business purposes disclosed within our Privacy Notice. For more information, please see “How We Use the Information We Obtain.”
The business purposes for which we may use personal information about California consumers include:
- Audits and reporting relating to particular transactions and interactions, including online interactions, you may have with us or others on our behalf;
- Detecting and protecting against security incidents, and malicious, deceptive, fraudulent or illegal activity, and prosecuting the same;
- Debugging to identify and repair errors in our systems;
- Short-term, transient use including contextual customization of ads;
- Providing services on our behalf or on behalf of another, including maintaining or servicing accounts, providing customer service, fulfilling transactions, verifying identity information, processing payments, and other services. This includes:
- Conducting internal research to develop and demonstrate technology; and
- Conducting activity to verify, enhance, and maintain the quality or safety of services or devices which we may own, control, or provide.
We may also use the information we collect for our own or our service providers’ other operational purposes, purposes for which we provide you additional notice, purposes disclosed elsewhere in this Privacy Notice, or for purposes compatible with the context in which the personal information was collected.
Your California Privacy Rights
If you are a California resident, you have the following rights. We will honor requests received to the extent required by applicable law and within the time provided by law.
Right to Access and Right to Know regarding Personal Information. You have the right to request that we disclose to you the categories and specific pieces of personal information we have collected about you. Specifically, you have the right to request that we disclose the following to you, in each case in the twelve-month period preceding your request:
- the categories of personal information we have collected about you;
- the categories of sources from which the personal information is collected;
- our business or commercial purpose for collecting personal information;
- the categories of third parties with whom we share personal information;
- the specific pieces of information we have collected about you;
- the categories of personal information about you, if any, that we have disclosed for monetary or other valuable consideration and the categories of third parties to which we have disclosed the information, by category or categories of personal information for each third party to which we disclosed the personal information; and the categories of personal information about you that we disclosed for a business purpose.
- Right to Deletion of Personal Information. You have the right to request that we delete personal information about you that we have collected from you.
For requests made in connection with the Right of Access, Right to Know, and/or Right of Deletion, please note:
As required under applicable law, we must take steps to verify your request before we can provide personal information to you, delete personal information, or otherwise process your request. To verify your request, we may require you to provide your name, physical address, email address, contact information, and information about your account or previous transactions with us. If we believe we need further information to verify your request as required by law, we may ask you to provide additional information to us.
We will deliver personal information that we are required by law to disclose to you in the manner required by law within 45 days after receipt of a verifiable request, unless we notify you that we require additional time to respond, in which case we will respond within such additional period of time required by law. We may deliver the personal information to you through your account, if you maintain an account with ARM, or electronically or by mail at your option. If electronically, then we will deliver the information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information from one entity to another without hindrance.
Right to Opt Out. You have the right to opt out of the disclosure of personal information about you for monetary or other valuable consideration. To opt-out, click Do Not Sell My Personal Information.
To opt out of the collection of personal information by certain of our social media, advertising, and analytics, please email: email@example.com
We may not discriminate against you because of your exercise of any of the foregoing privacy rights, or any other rights under the California Consumer Privacy Act, including by:
- Denying you goods or services;
- Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
- Providing you a different level or quality of goods or services; or
- Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Requests to Exercise Your Rights
You may request to exercise the foregoing rights by:
- Calling us toll-free at 1-800-AVALON9
You may designate an authorized agent to request any of the above rights on your behalf. You may make such a designation by providing the agent with written permission, signed by you, to act on your behalf. Your agent may contact us via the information provided in the “How to Contact Us” section below to make a request on your behalf. Even if you choose to use an agent, we may, as permitted by law, require verification of the agent’s authorization to act on your behalf, require you to confirm you have authorized the agent to act on your behalf, or require you to verify your own identity.
Data Sharing for Direct Marketing Purposes
California Civil Code Section § 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident, you may ask us to refrain from sharing your personal information with certain of our affiliates and other third parties for their marketing purposes. Please tell us your preference by contacting us as specified below. To make such a request, please tell us your preference by contacting us as specified in the “How to Contact Us” section below.
Do Not Track
Please note that our web sites are not designed to respond to "do not track" requests from web browsers.
Metrics regarding Privacy Requests
We did not receive any requests to know, requests to delete, or requests to opt-out pursuant to the California Consumer Privacy Act in calendar year 2019, as this law was not yet in effect. We will provide information regarding such requests received in calendar year 2020 to the extent required by, and in accordance with, applicable law within the time period provided by law.
How To Contact Us
If you have any questions or comments about this Privacy Notice, or if you would like us to update the information we have about you or your preferences, please contact us by email:firstname.lastname@example.org
You also may write to us at:
Avalon Risk Management Insurance Agency LLC or Knight Transportation Insurance Services, LLC
150 Northwest Point Blvd., 2nd Floor
Elk Grove Village, IL 60007 United States
If you are a resident of the European Economic Area ("EEA"), the following additional EEA-specific provisions apply to our processing of your personal information. For EEA residents, the provisions of this EEA Addendum prevail over conflicting provisions in the Privacy Notice.
Information We Obtain
We process names, email addresses and telephone numbers of others to whom we are asked to send information on the assumption that the person who provided the information obtained it in accordance with applicable law. If this assumption is incorrect, please do not ask us to send information to third parties on your behalf.
We may need certain of your information in order to provide services, such as name, street addresses, etc., or to use our website such as your IP address. In addition, we may be required by law to collect certain information such as license information, tax identification numbers, etc. Where such information is so required, we may be unable to provide you with our services unless you provide us with this information.
In accordance with applicable law, we may obtain your consent separately before collecting information by automated means using cookies or similar devices. To learn more about the cookies and similar devices we use, please see our Cookies Policy.
How We Use The Information We Obtain
The legal bases for which we collect, use, transfer or disclose your personal information include (i) the performance of the contract we have with you, (ii) marketing, improvement of our services and other legitimate business interests, (iii) compliance with a legal obligation, and (iv) the protection of yours and others vital interests. The corresponding purposes for which we process your personal information are systematically included in the “How We Use the Information We Obtain” section in the Privacy Notice above.
We may process your personal information based on your consent, where required by law. If we request your consent, we will inform you of the intended purposes for which your information will be processed. Please note that if you choose to withdraw your consent, you may not be able to participate in or benefit from our programs, services and initiatives for which you provided consent. We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
Your personal information will not be stored for longer than necessary for the purposes for which they were collected or as required under applicable retention policies and/or in accordance with applicable law. Our retention policies reflect local statute of limitation periods and national statutory obligations of ARM.
International Data Transfers
If you are a resident of the European Economic Area, we may transfer your personal information to countries that have not been found by the European Commission to provide adequate protection, including the United States. For any such transfers, ARM takes necessary contractual measures to ensure that your personal information receives an adequate level of protection (including, for example, standard contractual clauses). For further information about ARM’s international data transfer practices, and to consult the said contractual measures, please contact us using the contact details in the “How to Contact Us” section above.
Your Personal Information Rights
In addition to the right to access and correction, as specified above (under “Access and Correction” in the main body of this Notice), you have (i) the right to request the transmission of the personal information you have provided to us to you or another company, (ii) the right to object to any uses or disclosures of your personal information, (iii) the right to withdraw your consent in relation to our processing of your personal information based on your consent, (iv) the right to request deletion of your personal information and (iv) the right to request that we restrict processing of your personal information.
You may exercise these rights free of charge unless the request is unfounded, excessive, or otherwise unreasonable, for instance because it is repetitive. In some situations, we may refuse to act or may impose limitations on your rights, as permitted by law. Before ARM is able to provide you with any information or correct any inaccuracies, we may ask you to verify your identity and/or provide other details to help us respond to your request. For the exercise of your rights, please contact us using the contact information provided above in the “How to Contact Us” section. In all cases, you have a right to file a complaint with a Data Protection Authority.