CCPA Privacy Notice
State of California Privacy Notice – As Prescribed by the California Consumer Privacy Act of 2018
Effective Date: January 1, 2020
Scope of this Privacy Notice
These California Resident Privacy Notice terms and conditions “(Privacy Notice”) are effective January 1, 2020 and supplement the information contained in Brown & Brown, Inc.’s governing website Privacy Statement. This Privacy Notice applies solely to consumers who are California residents.
Brown & Brown, Inc. through its operating subsidiaries (“We”) endeavor to protect the privacy and confidentiality of the personal information with which we are entrusted. This California Resident Privacy Notice outlines the personal information we collect or process about California 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 information, and what your rights are with respect to your personal information that we gather and process.
In this California Resident Privacy Notice, “personal information” has the same meaning as under the California Consumer Privacy Act (“CCPA”): information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include information that has been de-identified or aggregated.
Under certain circumstances, we may collect your personal information for the Service pursuant to a contract we have with a commercial client (our “Client”). In such instances, we may be acting as a “service provider” and are obligated to process the personal information 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 information 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 information will be handled. Further, in any case where we are acting as a service provider to a Client, if you or your authorized agent (together referred to hereinafter, where applicable, as “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 CCPA if you are a resident of California 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 Information Do We Collect and Share, and for What Purpose?
In the past 12 months, we may have collected and shared the following types of 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 sell personal information to any third parties and have not done so in the preceding 12 months.
Please note that the CCPA contains certain carve-outs or exemptions. This Privacy Notice does not apply to:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
Furthermore, personal information does not include:
- Until January 1, 2021, information regarding job applicants, employees, owners, directors, officers, or contractors, emergency contact information from the same, and information necessary for us to administer benefits to the same.
- Until January 1, 2021, information we obtain from a consumer acting on behalf of a company and whose communications with us occur solely within the context of us conducting due diligence regarding, or providing or receiving a product or service to or from another company.
- Information or organizations excluded from the CCPA’s scope, including medical information governed by the California Confidentiality of Medical Information Act (CMIA), protected health information collected by a covered entity or business associate governed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or personal information collected, processed, sold, or disclosed pursuant to certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994 (DPPA).
Under the limited circumstances where we are acting as a business, and your personal information is not otherwise excluded as set forth above, the following information applies as to how we collect, use, and share your personal information.
Your Rights as a California Resident
Pursuant to California law, some California residents have specific rights regarding their personal information as described below. These rights are subject to certain exceptions. Further, if we have collected or processed your personal information in connection with a product or service we are providing to our Client that is a company, partnership, sole proprietorship, nonprofit or government agency, and you are an employee, owner, director, officer, or contractor of that entity, the rights outlined in sections 1-3 below are not available to you until at least January 1, 2021.
When legally required, we will respond to most requests within 45 days, unless it is reasonably necessary for us to extend our response time.
1. Right to Request Disclosure of Information
You have the right to request that we disclose certain information regarding our business practices with respect to personal information. If you submit a valid and verifiable request and we confirm your identity and/or authority to make the request, we will disclose to you any of the following at your direction:
- The categories of personal information we have collected about you in the last 12 months.
- The categories of sources for the personal information we have collected about you in the last 12 months.
- Our business or commercial purpose for collecting that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you.
- If we disclosed your personal information to a third party for a business purpose, a list of the personal information types that each category of recipient received.
2. Right to Request Deletion Personal Information
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. If you submit a valid and verifiable request and we can confirm your identity and/or authority to make the request, we will determine if retaining the information is necessary for us or our service providers to:
- Complete a transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug products to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal obligation; and/or
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
If none of the above retention conditions apply, we will delete your personal information from our records and direct our service providers to do the same.
3. How to Exercise the Above Rights
To exercise your rights to disclosure or deletion described above, please submit a verifiable consumer request to us by visiting our online privacy rights portal and completing the CCPA request webform.
Alternatively, you may call us at +1 (888) 914-9661 and enter the following PIN: 363 845 when prompted to do so.
Only you or a person who can demonstrate that they are legally authorized to act on your behalf may make a verifiable consumer request related to your personal information.
You may make a verifiable consumer request for access or deletion no more than twice within a 12-month period. The verifiable request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Such verification process will involve you confirming details of the personal information we have collected about you and will increase in scope in the event the nature of your request relates to the disclosure of sensitive personal information or the deletion of any personal information. In some instances, you may be required to submit proof of your identity (e.g., a driver’s license); 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 in order to submit a verifiable request, though we may communicate with you about your request via a pre-established account, if applicable. However, in order to safeguard the personal information in our possession, if we cannot verify your identity or authority to act on another’s behalf, we will be unable to comply with your request. We will only use personal information you provide when submitting a verifiable request to confirm your identity or authority, or to fulfill your request.
4. Right to Opt out of Sales of Your Personal Information
As a California resident, you have the right to direct a business that sells your personal information to third parties not to sell your personal information. This right is referred to as “the right to opt-out.”
Because we do not sell your personal information, we do not provide any mechanism for you to exercise the right to opt out.
5. Right to Non-Discrimination
- You may exercise your rights under the CCPA without discrimination. For example, unless the CCPA provides an exception, we will not:
- Deny you goods or services;
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide you a different level or quality of goods or services; or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
6. Direct Marketing and Do Not Track Signals
Under California’s “Shine the Light” law, California residents may request and obtain a notice once a year about the personal information we shared with other businesses for their own direct marketing purposes. Such a notice will include a list of the categories of personal information that were shared (if any) and the names and addresses of all third parties with which the personal information was shared (if any). The notice will cover the preceding calendar year. To obtain such a notice, please contact us as described below. In addition, under this law you are entitled to be advised how we handle “Do Not Track” browser signals. We do collect personal information about your online activities over time and across third party websites or online services. When we see a browser set to “do not track”, signals transmitted from web browsers do not apply to our sites, and we do not alter any of our data collection and use practices upon receipt of such a signal.
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 information, 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 information 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* to access or delete your information, please visit our online request portal.
Alternatively, you may call us at +1 (888) 914-9661 and enter the following PIN: 363 845 when prompted to do so.
*Please note that, as described above, in certain cases we may collect your personal information as a service provider pursuant to a contract we have with a commercial Client to provide the Service. In any case where we are acting as a service provider 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 service provider, 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.
Where changes to this Privacy Notice will have a fundamental impact on the nature of our processing of your personal information or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise any rights you may have under applicable law (e.g., to object to the processing).
We reserve the right to make changes to our Privacy Statement at any time consistent with applicable local laws. Such changes, as long as they do not have a fundamental impact on the nature of our processing of your personal information or otherwise have a substantial impact on you, will be posted on this page. We encourage you to review the Web site and the Privacy Statement in particular periodically for any updates or changes.