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PLEASE READ THIS PRIVACY STATEMENT AND NOTICE OF PRIVACY PRACTICES CAREFULLY.
Attn: Office of the General Counsel
648 Grassmere Park
Nashville, TN 37211
2. CONTACT AND ELECTRONIC COMMUNICATION
You may also contact us at:
Attn: Office of the General Counsel
648 Grassmere Park
Nashville, TN 37211
3. DESCRIPTION OF OUR PRODUCTS AND SERVICES
4. TYPES OF INFORMATION COLLECTED AND HOW IT IS COLLECTED
4.1. PERSONAL INFORMATION WE REQUEST FROM YOU
Asurion may also use this personal information in other ways, such as to provide You with information about Products, Services and offers that may be of interest to You, to seek follow-up from You about Your experiences with Asurion or as otherwise disclosed to You at the point of collection. Where required, Asurion will seek Your express consent to send such messages, including when sent by e-mail or other type of commercial electronic message. This consent is sought by Asurion, LLC, 648 Grassmere Park, Nashville, TN 37211. You may withdraw Your consent by using the "unsubscribe" link located at the bottom of such messages You receive from Asurion, or by contacting Asurion at the phone number listed in Your applicable Terms of Service.
4.2. OTHER TYPES OF INFORMATION WE COLLECT
Asurion also gathers certain information about the use of Asurion's Sites, including the number of unique visitors, the frequency of visits, how users interact with the Sites, user experience preferences, IP address, and other information that may help Asurion improve the customer experience, mitigate fraudulent activity, and comply with legal requirements. Such information may include, but is not limited to the following:
When You visit Asurion's sites we automatically collect and store certain information in our server logs. This type of information includes details of how You interacted with our Sites, Services, or applications. It may include information such as: IP address, Unique Device Identifier, or CallerID / ANI (Automatic Number Identification) information, content of web pages, transaction with APIs (Application Program Interface), transactions with IVR (Interactive Voice Response) systems, activity and content of visitor interaction with call center representatives; application usage activity, hardware information, hardware and system settings, browser type, browser language, the date and time of Your request, referral URL, etc.
A cookie is a small, data file that is managed by Your web browser or other application and stored on Your local system. Asurion uses session and persistent cookies to, among other things, identify Your computer during a particular interaction and analyze Your behavior during a particular visit. Most web browsers provide You with the ability to accept or decline cookies, as well as to be warned each time a cookie is being sent. If You choose to decline cookies, You may not be able to fully use Asurion's Sites, Services, or applications.
Pixel tags, also known as web beacons, help Asurion better manage user experience and content tracking. Pixel tags are tiny graphics with a unique identifier, which provide a similar function to cookies and are used to track user interaction with content provided by Asurion or an affiliate organization. In contrast to cookies, which are stored on a user's computer hard drive, pixel tags are embedded invisibly within content. The small size and transparency of pixel tags are not intended to deceive content recipients, but minimize distraction.
Third Party Data Sources
Asurion may leverage external data sources in order to provide context and background on the users of its Sites, Services, or applications in order to improve customer experience, mitigate fraud or malicious activity, or comply with internal company and external regulatory requirements.
Do Not Track and Third Party Advertising Cookies
Do-Not-Track is a public-private initiative, http://www.w3.org/2011/tracking-protection/, that has developed a technical "flag" or signal that an end-user may be able to activate within their browser software to notify websites that they do not wish to be "tracked" by third parties as defined by the initiative. The initiative, however, has not reached a consensus as to exactly what technical or other actions those parties receiving the signal should take. As a result, Do-Not-Track has not yet been standardized and most websites, including Asurion Sites, do not alter their behavior or change their services when they receive a "do-not-track" flag or signal. You can, however, make decisions about Your privacy and the advertisements You receive. Asurion may utilize online behavioral advertising on the Sites in the future. Some of the ads You receive on Sites are customized based on predictions about Your interests generated from Your visits to different Sites. This type of ad customization is sometimes called "online behavioral" or "interest-based" advertising. The Digital Advertising Alliance ("DAA") provides a "Consumer Optout" for certain companies that have agreed to provide that functionality through the DAA. As an alternative to the DAA opt-out, You can also elect to block all cookies from first parties (such as Asurion) and from third parties (such as entities involved in advertising) by using the cookie blocking options built into Your browser software. Please note, however, that if You do decide to block cookies, some parts of Asurion's sites may not function correctly.
5. RETENTION AND DELETION OF PERSONAL INFORMATION
Asurion will retain Your personal information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws, and Your consent to such purposes(s) remains valid with respect to claims data and to file claims related to insurance coverage after termination of Asurion's relationship with You. When personal information is no longer needed or legally required, it will be permanently deleted or de-identified so that it can no longer be associated with a specific individual.
6. USE OF PERSONAL INFORMATION
In addition to any of the previously mentioned uses of personal information, Asurion may use Your information collected on the Sites for such purposes as:
7. SHARING AND DISCLOSURE OF PERSONAL INFORMATION
Primarily, we may share or disclose Your personal information in the following instances:
7.1. LEGAL DISCLOSURE
We may disclose information about You and Your use of the services if we believe that such disclosure is reasonably necessary to:
(i) Comply with the law and/or legal process where a formal request has been made (e.g. request from an administrative oversight agency, civil suit, subpoena, court order or judicial or administrative proceeding);
(ii) Protect or defend our rights and/or property or the rights and property of others;
(iv) Respond to claims that the content(s) of a communication violates the rights of another.
8. ACCURACY AND COMPLETENESS OF YOUR INFORMATION
Asurion takes various steps to reasonably ensure the accuracy and completeness of personal information. However, Asurion relies on our client partners to provide accurate and complete enrollment data about You that they directly collect from You and provide to Asurion. Asurion also relies on You to provide accurate and complete information when submitting a claim or interacting with Asurion for any other purposes.
9. ACCESS TO AND ABILITY TO CORRECT OR DELETE YOUR INFORMATION
10. THIRD PARTY SITES
The Sites may contain links to other websites, including websites operated by non-affiliated or independent third parties. Please be aware that those sites may collect personal information from or about You and Your visit. These sites have not necessarily been reviewed by Asurion and are maintained by third parties over which Asurion exercises no control. Accordingly, Asurion expressly disclaims any responsibility for the privacy policies, information collection practices, content, accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party. You should review the privacy policies that are posted on any website that You visit, before using the website and providing personal information to the website. Asurion is not responsible for the privacy policies or practices of any websites that may be mentioned on, or accessible from, the Sites.
12. SECURITY OF INFORMATION
13. CREDIT CARD PROCESSING AND DATA SECURITY
Asurion does not receive funds directly from You when You utilize the Sites. Asurion utilizes a third party billing and payment processing gateway who provides the infrastructure and security necessary to provide secure transmission of Your credit card transaction data. Asurion can only accept credit cards for processing through our secured payment processing gateway. Although we do not control the security environment for them and cannot make any guarantees regarding the secure processing of Your credit card transaction data, we want to inform You that our credit card processor is compliant with the Payment Card Industry Data Security Standard ("PCI DSS") as a Level 1 service provider. We demand that our credit card processors are compliant with PCI DSS. PCI DSS is the bankcard industry's stringent security standard. Examples of our credit card processor's security measures include: physical, electronic, and procedural safeguards; sophisticated security monitoring tools; documented security policies; use of strong encryption for transmissions of order information to and from our customers; restricting access to personal information; and periodic security audits by third party security experts.
14. CALIFORNIA PRIVACY RIGHTS
This notification is required under California law. Under California law, California residents may opt-out of Asurion disclosing personal information about them to third parties for their marketing purposes. If You are a California resident and do not want Asurion to disclose Your personal information to other companies for their marketing purposes, please contact Asurion by any of the ways described in the Contact and Electronic Communications Section above. Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of such information, please contact Asurion by any of the ways described in the Contact and Electronic Communication section above, and Asurion will respond within 30 days as required by law.
15. SOCIAL MEDIA
16. INTERNATIONAL USERS
17. MONITORING AND ENFORCEMENT
Scope of Use: Asurion, LLC ("Asurion") invites you to view, use and download a single copy of this Web site (www.asurion.com) (the "Site") for Your informational, noncommercial use, provided that you leave all copyright, trademark and other proprietary notices intact. For the purpose of this Agreement, references to "We", "Us" and "Our" include Asurion and its affiliates, agents, representatives, successors and assigns. Using this Site to evaluate whether to enter into a business relationship with Asurion shall not constitute a commercial use for the purposes hereof. It is a violation of these Terms & Conditions for you to use the Site in violation of any applicable laws and regulations or in violation of the rules of any Asurion service providers. Certain other programs or services provided by Asurion through linked websites or other channels may have additional terms and conditions regarding Your use of those services, and nothing in these Terms & Conditions is intended to modify such terms and conditions. YOU MAY NOT USE THIS SITE IF YOU DO NOT AGREE TO THESE WEBSITE TERMS AND CONDITIONS.
Restrictions on Use: You shall use the Site strictly in accordance with this Agreement and in a manner consistent with all applicable laws and regulations. You will not take any of the following actions with respect to the Site or the server nor will you use our Site to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Site in any manner that: (i) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Site or server hosting the Site; (ii) violates any applicable laws, rules or regulations in connection with Your access to or use of the Site; (iii) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of Asurion or its affiliates, partners, suppliers or the licensors; (iv) modifies, adapts, improves, enhances or makes any derivative work from the Site; (v) interferes with or interrupts the Site or any hardware, software, system or network connected with the Site; (vii) infringes the copyright, trademark or any intellectual property rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (viii) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (ix) is fraudulent or unlawful or contains defamatory or illegal information, images, materials or descriptions; (x) promotes or provides instructions for illegal activities; (xi) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; or (xii) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware.
REGISTRATION & SECURITY: If You provide us any information through the Site, such as Your name, phone number, contact details, email address, wireless carrier information, Your password and/or personal identification number (PIN) (collectively, Your "Account Data") for any accounts associated with Your device ("Your Account(s)"), You agree to provide true, accurate, current, complete and up-to-date information. If You provide any information that is untrue, inaccurate, non-current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, then We have the right to terminate or refuse any and all current or future use of the Site (or any portion thereof). We reserve the right to take any action that We deem necessary to ensure the security of the Sites and Your Account, including without limitation changing your password, terminating Your Account, or requesting additional information to authorize transactions on Your Account. You are solely responsible for keeping Your Account Data and any security questions and responses associated with Your Account confidential. Anyone with knowledge of or access to Your Account Data or the security questions and responses associated with Your Account can use that information to gain access to Your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep Your Account Data and the security questions and responses confidential, whether such failure occurs with or without Your knowledge or consent. You will immediately notify Us of any suspected or actual unauthorized access to or use of Your Account Data or any other breach of Your Account security. You hereby authorize and consent to the collection, storage, sharing, use, transfer and sale by Asurion and its service providers, of any information and data related to or derived from Your use of the Site.
No Warranties: ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN "AS-IS," "AS-AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ASURION MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE IS AT YOUR SOLE RISK.
ASURION MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED, COMPLETELY SECURE OR ERROR-FREE. You are responsible for taking all precautions necessary to ensure that any content you may obtain from the Site is free of viruses.
Trademarks: All trademarks, service marks and logos that are used or displayed on the Sites are owned by Asurion or by third parties and are the property of their respective owners. Asurion owns various trademarks, service marks and logos that may be used on the Site, including without limitation, Asurion (& Design), Our Passion is Your Peace of Mind, Mobile Recovery, lock\line (& Design), Mobile Guard, Mobile Recovery, MobileProtect, Rescue Link, and Wireless Phone Protection. You must obtain Asurion's written permission prior to using any trademark or service mark of Asurion. Unauthorized use of any trademarks, service marks or logos used on the Site may be a violation of state, national and international trademark laws. Additionally, Asurion's custom icons, graphics, logos and scripting on the Site are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, modified or used, in whole or in part, without the prior written permission of Asurion.
Website Content & Copyright: This Site and the content contained on this Site is protected by U.S. and international copyright laws. You may not modify, reproduce or distribute the content, design or layout of the Site or individual sections of the content, design or layout of the Site or Asurion trademarks or logos without our written permission. The layout, compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of Asurion. Asurion reserves all of its rights in the Site and its content.
Copyright Infringement Notification: Asurion has a policy of removing data or content that violates applicable copyright law. Pursuant to Section 512 of Title 17 of the United States Code, Asurion has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the law. To file a copyright infringement notification with us, You will need to send a written communication to Asurion's Designated Agent, listed below, containing substantially the following information or such other information as may be required by Section 512(c)(3) of the Copyright Act: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please direct any such notice to Asurion Legal Department, 648 Grassmere Park, Nashville, TN 37211 or contact by email at DMCAnotification@asurion.com. The foregoing contact information is for use solely with notice of copyright infringement and You may not receive a response to any other communications, feedback, comments or requests for technical support delivered to the foregoing address or e-mail.
Modifications: Asurion reserves the right to modify this Site and the rules and regulations governing its use, at any time. Modifications will be posted on the Site and the "last updated" date at the top of this web page will be revised. You understand and agree that if you use this Site after the date on which the Terms & Conditions have changed, Asurion will treat Your use as acceptance of the updated Terms & Conditions. Asurion may make changes in the products and/or services described in this Site at any time.
Violation of Rules and Regulations: Asurion reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Site, including the right to block access from a particular Internet address to the Site.
Indemnity: You agree to indemnify and hold Asurion and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from and against any and all losses, claims, demands, expenses, damages and costs, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Site, Your violation of these Terms & Conditions, or Your violation of any law or any rights of another. Asurion reserves the right, at Your expense, to assume the exclusive defense and control of any matter which You are required to indemnify against, and You agree to cooperate in Asurion's defense of such matter. This indemnification shall survive any termination of this Agreement.
Limitation of Liability: ASURION SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF ASURION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THIS SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, Asurion's liability will be limited to the fullest extent permitted by applicable law.
Governing Law and General Principles: This Site is operated by Asurion from its offices within the United States of America. Asurion makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the contents of the Site may be illegal is prohibited. Those who choose to access this Site from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. By using the Site, regardless of where You live or are located in the world, You consent to these Terms & Conditions and any claims relating to the information, services or products made available through this Site will be governed by the laws of the State of Tennessee, U.S.A., excluding the application of its conflicts of law rules. If any provision of these Terms & Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms & Conditions and will not affect the validity and enforceability of any remaining provisions. Asurion's failure to enforce the strict performance of any provision of these Terms & Conditions will not constitute a waiver of Asurion's right to subsequently enforce such provision or any other provisions of these Terms & Conditions.