Colorado Privacy Notice
State of Colorado Privacy Notice – As Prescribed by the Colorado Privacy Act (CPA)
Effective Date: July 1, 2023
Policy Last Revised: July 1, 2023
Scope of this Privacy Notice
These Colorado Resident Privacy Notice terms and conditions (“Privacy Notice”) are effective July 1, 2023, and supplement the information contained in Brown & Brown, Inc.’s governing website Privacy Statement. This Privacy Notice applies solely to consumers who are Colorado residents.
The CPA applies only to a “controller” (defined as a person that, alone or jointly with others, determines the purposes for and means of processing personal data) that conducts business in Colorado or produces or delivers commercial products or services that are targeted to Colorado residents AND satisfies one or both of the following thresholds: (i) controls or processes the personal data of 100,000 consumers or more during a calendar year, or (ii) derives revenue or receives a discount on the price of goods or services from the sale of personal data, and processes or controls the personal data of 25,000 or more consumers.
Brown & Brown, Inc. through its operating subsidiaries (“we”) endeavor to protect the privacy and confidentiality of the personal data with which we are entrusted. This Colorado Resident Privacy Notice outlines the personal data we collect or process about Colorado 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 Colorado Resident Privacy Notice, “personal data” has the same meaning as defined in the Colorado Privacy Act (“CPA”): information that is linked or reasonably linkable to an identified or identifiable individual. 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 commercial client (our “Client”). In such instances, we may be acting as a “processor” 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 processor 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 CPA if you are a resident of Colorado 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 processor 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?
We may also use or share de-identified data 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 or other valuable consideration and have not done so in the preceding 12 months. We may, however, engage in targeted advertising and/or profiling.
CPA contains certain carve-outs or exemptions. This Privacy Notice does not apply to:
- Publicly available information;
- De-identified consumer information;
- Protected health information under HIPAA;
- Health care information, governed by Part 8 of Article 1 of Title 25, solely for the purpose of access to medical records;
- Patient identifying information for purposes of 42 U.S.C. §§ 290dd-2;
- Identifiable private information for the purposes of the federal policy for the protection of human subjects under 45 C.F.R. Part 46; identifiable private information that is otherwise information collected as part of human subjects research pursuant to the good clinical practice guidelines issued by the International Council for Harmonisation of Technical Requirements for Pharmaceutical for Human Use; the protection of human subjects under 21 C.F.R. Parts 50 and 56 or personal data used or shared in research conducted in accordance with applicable laws;
- Patient safety work product for purposes of the federal Patient Safety and Quality Improvement Act;
- Information originating from, and intermingled to be indistinguishable with, or information treated in the same manner as exempt information that is maintained by a covered entity or business associate as defined by HIPAA or a program or a qualified service organization as defined by 42 CFR 2.11;
- 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, furnisher that provides information for use in a consumer report, and by a user of a consumer report, to the extent such activity is regulated under the Fair Credit Reporting Act;
- Personal data collected, processed, sold, or disclosed in compliance with the federal Driver’s Privacy Protection Act of 1994;
- Personal data collected and maintained for purposes of the Colorado Health Benefit Exchange;
- Personal data regulated by the federal Family Educational Rights and Privacy Act;
- Personal data collected, processed, sold, or disclosed in compliance with the federal Gramm-Leach-Bliley Act;
- A financial institution or affiliate pursuant to the federal Gramm-Leach-Blilely Act;
- Personal data regulated by the federal Children’s Online Privacy Protection Act;
- Data maintained for employment records purposes;
- Data maintained by a state institution of higher education if the data is collected, maintained, disclosed, communicated, and used as authorized by state and federal law for noncommercial purposes;
- Customer data maintained by a public authority if the data is not collected, maintained, disclosed, sold, communicated, or used except as authorized by state and federal law;
- An air carrier pursuant to the Airline Deregulation Act; or
- A national securities association pursuant to the federal Securities Exchange Act of 1934
Under the limited circumstances where we are acting as a controller that conducts business in Colorado or produces or delivers commercial products or services that are targeted to Colorado residents AND we satisfy one or both of the following thresholds: (i) control or process the personal data of 100,000 consumers or more during a calendar year, or (ii) derive revenue or receive a discount on the price of goods or services from the sale of personal data, and process or control the personal data of 25,000 or more 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 Colorado Resident
Pursuant to Colorado law, some Colorado 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.
- Right to Confirm Processing and Access to Personal Data
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.
- Right to Request Correction of Inaccuracies
You have the right to request that we correct any inaccuracies in any of your personal data, which is under our control, taking into account the nature of the personal data and the purposes of processing that data. If you submit a valid request and we are able to authenticate your identity and/or authority to make the request, we will correct the inaccuracies in the personal data.
- 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 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.
- Right to Request Disclosure of Personal Data
You have the right to request a copy of your personal data 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. If you submit a valid request and we are able to authenticate your identity and/or authority to make the request, we will provide you with such copy.
- Right to Opt Out of Processing
As a Colorado resident, you (or your designated authorized agent) have the right to direct a business that processes your personal data for the purposes of targeted advertising, sale, and/or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you, 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 are able to authenticate 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, sale, and/or profiling. Because we are not selling your personal data for monetary or other valuable consideration, we do not provide an opt out for such activity. Since we may engage in targeted advertising and/or profiling, we provide you with the option to opt out of such processing for these purposes. To do so, select the appropriate “Right to Opt Out of Processing” option from the menu when completing the CPA request webform.
How to Exercise the Above Rights
To exercise your rights described above, please submit a consumer request to us by visiting our online privacy rights portal and completing the CPA request webform.
Alternatively, you may call us at +1 (888) 914-9661 and enter the following PIN: 363 845 when prompted to do so.
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 personal 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);
- Specify 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; you have the right to appeal our decision within 45 days after receipt of said notification. We will inform you in writing, within 45 days of receipt of an appeal, of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions; provided, however, we shall have the right to extend the 45-day period by an additional 60 days where reasonably necessary.
To exercise your right to appeal described above, please submit a consumer appeal request to us by visiting our online privacy rights portal and selecting the “Lodge an Appeal” button on the CPA request webform.
If your appeal is denied, you may contact the Colorado Attorney General to submit a complaint by visiting the Office of the Attorney General’s website here File a Complaint – Colorado Attorney General | Colorado Attorney General (coag.gov) or by calling the Colorado Attorney General Office, Consumer Protection at 720-508-6000.
Right to Non-Discrimination
You may exercise your rights under the CPA without discrimination. For example, unless the CPA provides an exception, we will not:
- Decrease the availability of products or services;
- Charge you increased prices or rates for products or services; or
- Provide you a different level or quality of goods or services
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 data, 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 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 that 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.