Utah Privacy Notice (UCPA)

State of Utah Privacy Notice
As Prescribed by the Utah Consumer Privacy Act
Effective Date: December 31, 2023
Policy Last Revised: December 31, 2023

Scope of this Privacy Notice

These Utah Resident Privacy Notice terms and conditions (“Privacy Notice”) are effective December 31, 2023, and supplement the information contained in Wright Flood’s governing website Privacy Statement. This Privacy Notice applies solely to consumers who are Utah residents.

The UCPA applies only to persons that conduct business in Utah or produce products or services that are targeted to Utah residents AND that, during the calendar year, control or process personal data of at least 100,000 consumers OR control or process personal data of at least 25,000 consumers and derive over 50 percent of gross revenue from the sale of personal data.

Wright Flood through its operating subsidiaries (“we”) endeavor to protect the privacy and confidentiality of the personal data with which we are entrusted. This Utah Resident Privacy Notice outlines the personal data we collect or process about Utah residents in connection with the services we provide or offer specifically to you as a consumer, including through any site, application, or product that links to this Privacy Notice (the “Service”), how we use, share, and protect that personal data, and what your rights are with respect to your personal data that we gather and process.

In this Utah Resident Privacy Notice, “personal data” has the same meaning as defined in the Utah Consumer Privacy Act (“UCPA”): any information that is linked or reasonably linkable to an identified or identifiable natural person. Personal data does not include information that has been de-identified or is publicly available.

Under certain circumstances, we may collect your personal data for the Service pursuant to a contract we have with a carrier partner (our “Client”). In such instances, we may be acting as a “service provider” and are obligated to process the personal data we collect or are provided in connection with the Service in accordance with instructions from or the contract with our Client, which is the business ultimately responsible for determining how your personal data will be handled. Accordingly, if you are using the Service in connection with your role as an employee of our Client, or by virtue of some other relationship with our Client, we encourage you to review that Client's privacy notice to understand the full scope of how your personal data will be handled. Further, in any case where we are acting as a service provider to a Client, if you (“you”) wish to exercise any rights that may be available to you under certain data privacy laws (for example, the right to access or deletion under the UCPA if you are a resident of Utah as described below), you should direct your request to our Client, who is the party responsible for receiving, assessing, and responding to your requests, as we do not have any legal obligation, and, notwithstanding anything in this Privacy Notice to the contrary, may elect not to respond to your requests. If you are not certain whether we are acting as a service provider to a Client in your particular circumstance, we urge you to contact us through one of the methods described at the end of this Privacy Notice.

What Personal data Do We Collect, Share, and/or Sell, and for What Purpose?

In the past 12 months, we may have collected and shared the following types of personal information and sensitive personal information from or about users of our Service.

We may also use or share de-identified information that is not reasonably likely to identify you for commercially legitimate business purposes.

We do not currently sell personal data to any third parties for monetary consideration and have not done so in the preceding 12 months. We may, however, engage in targeted advertising and/or profiling.

UCPA contains certain carve-outs or exemptions to which this Privacy Notice does not apply such exemptions include, but are not limited to, the following:

• a governmental entity or a third party under contract with a governmental entity when the third party is acting on behalf of the governmental entity; a tribe;
• an institution of higher education;
• a nonprofit corporation;
• a covered entity;
• a business associate;
• information that meets the definition of protected health information under HIPAA
• information that meets the definition of patient identifying information for purposes of the Confidentiality of Substance Use Disorder Patient Records (42 C.F.R. Part 2)
• information that meets the definition of identifiable private information for purposes of the Federal Policy for the Protection of Human Subjects (45 C.F.R Part 46)
• information that meets the definition of identifiable private information or personal data collected as part of human subjects research pursuant to or under the same standards as: (i) the good clinical practice guidelines issued by The International Council for Harmonisation; or (ii) the Protection of Human Subjects under 21 C.F.R. 50 and Institutional Review Boards under 21 C.F.R. Part 56;
• information and documents created for purposes of the federal Health Care Quality Improvement Act of 1986;
• de-identified consumer information;
• a financial institution or an affiliate of a financial institution governed by, or personal data collected, processed, sold or disclosed in accordance with Title V of the Gramm-Leach-Bliley Act;
• personal data collected, processed, sold, or disclosed in compliance with the federal Driver’s Privacy Protection Act of 1994;
• personal data collected, processed, sold, or disclosed in accordance with the federal Driver’s Privacy Protection Act of 1994;
• personal data regulated by the federal Family Educational Rights and Privacy Act;
• personal data collected, processed, sold, or disclosed in accordance with the federal Farm Credit Act;
• the collection, maintenance, disclosure, sale, communication, or use of any personal data bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency or furnisher that provides information for use in a consumer report to the extent such activity is regulated under the Fair Credit Reporting Act;
• data processed or maintained in the course of an individual applying to, employed by, or acting as an agent or independent contractor of a controller, processor, or third party used within the context of those roles, the emergency contact information of an individual used for emergency contact purposes, or that is necessary to retain to administer benefits for another individual relating to the individual and used for the purpose of administering those benefits; or
• an air carrier

Under the limited circumstances where we are conducting business in Utah or producing products or services targeted to Utah residents, have an annual income  $25,000,000,00 or more, AND, during the calendar year, control or process the personal data of at least 100,000 consumers OR derive over 50 percent of gross revenue from the sale  personal data and control or process  the personal data of at least 25,000 consumers and your personal data is not otherwise excluded as set forth above, the following information applies as to how we collect, use, and share your personal data.

Your Rights as a Utah Resident

Pursuant to Utah law, some Utah residents have specific rights regarding their personal data as described below. These rights are subject to certain exceptions.

When legally required, we will respond to most requests without undue delay, within 45 days of receipt of the request, unless it is reasonably necessary for us to extend our response time.

1. Right to Confirm and Access
   
   You have the right to request confirmation from us as to whether or not we are processing your personal data and to access such personal data. If you submit a valid request and we are able to authenticate your identity and/or authority to make the request, we will confirm for you whether or not we are processing your personal data and/or grant you access to your data.
2. Right to Request Deletion of Personal Data
   
   You have the right to request that we delete any of your personal data that we collected from you and retained. If you submit a valid request and we are able to authenticate your identity and/or authority to make the request, we will delete your personal data from our records, if no exceptions or retention conditions apply.
3. Right to Request Deletion of Personal Data
   
   You have the right to request that we delete any of your personal data that we collected from or about you and retained. If you submit a valid and authenticated request and we can confirm your identity and/or authority to make the request, we will delete your personal data from our records and direct our service providers to do the same, if no exceptions or retention conditions apply.
4. Right to Request Disclosure of Information
   
   You have the right to request a copy of your personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format, thereby permitting you the ability to transmit the data without hindrance.
5. Right to Opt-Out of Processing
   
   As a Utah resident, you have the right to direct a business that processes your personal data for the purposes of targeted advertising or sale, not to process for these purposes. This right is referred to as “the right to opt-out.” If you (or your designated authorized agent) submit a valid request and we confirm your identity and authority (or your identity and the authority of your authorized agent, as appropriate) to make the request, we will cease processing your personal data for the limited purposes of targeted advertising or sale. Because we are not selling your personal data for monetary compensation, we do not provide an opt-out for these activities. Since we may engage in targeted advertising, we provide you with the option to opt-out of such processing for this purpose. To do so, select the “Right to Opt-Out of Processing” option from the menu when completing UCPA request webform.

How to Exercise the Above Rights

TTo exercise your rights described above, please submit a consumer request to us by visiting our online privacy rights portal and completing the UCPA request webform.

Alternatively, you may call us at +1 (800) 820-3242 ext. 7777

The request must:

• Provide sufficient information that allows us to reasonably verify and authenticate you are the person about whom we collected personal data. Such verification process will involve you confirming details of the personal data we have collected about you and will increase in scope in the event the nature of your request relates to the disclosure of sensitive data or the deletion of any personal data. In some instances, you may be required to submit proof of your identity (e.g., a driver’s license); and
• Specifies the consumer rights you wish to invoke; and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

You will not be required to create an account with us to submit a request, though we may communicate with you about your request via a pre-established account, if applicable. However, in order to safeguard the personal data in our possession, if we cannot verify your identity or authority using commercially reasonable efforts, we will be unable to comply with your request and may request additional information from you. We will only use personal data you provide when submitting a request to confirm your identity or authority, or to fulfill your request.

If we refuse to act on your request, you will be notified of the decision.

Right to Non-Discrimination

You may exercise your rights under the UCPA without discrimination. For example, unless the UCPA provides an exception, we will not:

• Deny you goods or services;
• Charge you different prices or rates for goods or services; or
• Provide you a different level or quality of goods or services

Minors

We do not knowingly collect online information from children under the age of 13. Our services are marketed towards adults. If we are notified that we have collected personal data, as defined by the Children’s Online Privacy Protection Act (“COPPA”), of a child under the age of 13, we will delete the information as expeditiously as possible.

We never sell the personal data of minors under 16 years of age and would not do so in the future without affirmative authorization of the consumer if between 13 to 16 years of age, or the parent or guardian of a consumer less than 13 years of age.

Questions, Requests or Complaints

To submit a request* concerning your personal information, please visit our online request portal.

Alternatively, you may call us at +1 (800) 820-3242 ext. 7777.

*Please note that, as described above, in certain cases, we may collect your personal data as a processor pursuant to a contract we have with a commercial Client to provide the Service. In any case where we are acting as a processor to a Client, you should direct your requests to exercise your rights available under data privacy laws to our Client, who is the party responsible for receiving, assessing, and responding to your requests. As a processor, we do not have any obligation, and, notwithstanding anything in this Privacy Notice to the contrary, may elect not, to respond to your requests.

Changes to the Privacy Notice

You may request a copy of this Privacy Notice from us using the contact details set out above. We reserve the right to make changes to this Privacy Notice at any time consistent with applicable laws and to ensure the Privacy Notice continues to provide an accurate description of how we collect and use your personal data. Such changes will be posted on this page. We encourage you to review the web site and the Privacy Notice periodically for any updates or changes.