This Privacy Notice describes the information collection, use, and disclosure practices with respect to Ash Brokerage (“we,” “us”, “our,” or the “Company”) and its website, ashbrokerage.com, and any other websites or platforms that the Company may create in the future (the “Platform”).

The purpose of the Platform is to provide information and tools to licensed insurance agents and prospective insurance agents (“Agents”). We also receive information about individuals who are interested in insurance or financial products (“Consumers”) and make such information available to licensed insurance agents who assist individuals with the purchase of the products. We may also work with “Lead Vendors” – companies that collect inquiries from Consumers and pass such inquiries to Agents and Company representatives. Lead Vendors must obtain appropriate consent from Consumers to be contacted regarding specific products before providing us with such Consumers’ information.

This Privacy Notice uses the term “Personal Information” to describe 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.

Since we facilitate the sale of a diverse range of insurance products, our processing of some information on behalf of our agents may fall under another state or federal regulatory framework, like the Health Insurance Portability and Accountability Act (“HIPAA”) and related state laws, or the Gramm-Leach-Bliley Act (“GLBA”) and related state laws.

Specifically, we act as a Business Associate (as defined by HIPAA) if we receive client Protected Health Information (“PHI”) from lead vendors or on behalf of a health plan that is a Covered Entity (as defined by HIPAA). In our role as a Business Associate we collect, use, and disclose PHI to provide services for or on behalf of health plans. For more information about how PHI is used and disclosed, please review the applicable health plan’s Notice of Privacy Practices.

When we receive client information pertaining to certain insurance or financial products, we may collect non-public personal financial information, which is regulated by GLBA. For more information about how non-public personal financial information is used and disclosed, please review the GLBA Notice provided by the financial institution that issued the clients’ policies or products.

This Privacy Notice applies to personal information that is not covered by HIPAA or GLBA.

Any information that we collect when you opt into receiving SMS and MMS text messages from us is used solely for the management of such texting communications program. We do not transfer your consent to be contacted via the texting program to any other entity.

The table below details the categories of Personal Information that we may collect or obtain through the operation of the Platform. In addition to the sources listed below, we may collect this information from third-party service providers or vendors, including data analytics providers.

Some or all of the types of Personal Information marked with an asterisk (*) may be considered “sensitive” personal information according to some state laws.

We may also partner with financial processors or payment vendors to provide services to Agents on the Platform.

We do not collect biometric information.

Your information may be provided to us by your spouse or other family member.

We may use or disclose the Personal Information that we collect for one or more of the following purposes:

• Operate the Platform;
• Communicate with you regarding the Platform;
• Contact Consumers through our employed agents regarding insurance and/or financial products in which the Consumer expressed interest;
• Address users’ and Consumers’ inquiries;
• Process transactions;
• Tailor the content and information that we may send or display to you;
• Analyze use of our products and services;
• Develop new products and services;
• Comply with legal obligations;
• Protect our rights, property, and safety or the rights, property, and safety of others; and
• Evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our customers is among the assets transferred. You hereby consent to such transfers and we may assign and transfer all of the rights, benefits, duties, and obligations of this Privacy Notice, under the circumstances described in this paragraph.

From time to time, we may contact users via email and mail, for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. If you would like to stop receiving marketing or promotional communications via email or mail from us, you may opt-out of such communications by contacting us at the toll-free number or email address listed below.

We may also contact Agents, Consumers, and other users via text messaging, but only if such individuals opt-in to receive text messages and only within the scope of such consent.

We may disclose all categories of Personal Information described above in “Personal Information We Collect” to the third parties listed below for the purpose of facilitating the sale of insurance and/or financial products to individuals who are interested in purchasing such products.

• With Our Service Providers. We may share Personal Information about Consumers and Agents with third parties who perform services for us or on our behalf. For example, this may include payment processors and companies that send emails on our behalf or other operating systems or platforms that help us run our services.
• With Our Business Partners. This includes our affiliates in the insurance or financial industry, insurance carriers, and any other entities that are involved in the sale of insurance or financial products such as marketing organizations that specialize in the insurance or financial industry.
• With Law Enforcement, Government Agencies, or Parties to a Legal Proceeding. We may share Personal Information with such entities to comply with the law or assist in law enforcement.
• With Our Independent Agents and Advisors. Agents and advisors have access to the Personal Information about Consumers that is provided by the Consumers when requesting information regarding insurance and/or financial products.
• With Data Analytics Providers and Advertising Service Providers. Third-party data analytics providers may collect Personal Information about users over time and across different websites, applications, and devices for the purposes of targeted advertising. These providers may collect Personal Information, specifically Internet or other similar network activity information, your input on the website, social media information, and/or commercial information in this manner on our Platform. For more information on these third parties, please see the below “Cookie Policy.”

We may partner with these third parties to tailor and customize our advertising to Users. The practice of targeted advertising may be considered a “sale” of Personal Information under some state laws. For more information about your choices related to this practice, please see “Your State Privacy Rights” below.

The website on which the Platform is hosted may use cookies, pixel tags, web beacons, and similar technologies to track and enhance user experience, including technologies placed on the website by third parties, such as advertising network partners. Users’ web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Cookies can also enable us to track and target the interests of our users to enhance their experience on our website. We may use the following types of cookies: advertising and analytics and social media.

You may choose to set your web browser to refuse cookies or to alert you when cookies are being sent. If you do so, some parts of the Platform may not function properly. Our Platform does not recognize “Do Not Track” signals, but it may recognize other opt-out preference signals, such as the Global Privacy Control (GPC). You may set such a signal through your browser or browser extension.

The Platform is not intended for children under 16 years of age. We do not collect information about individuals under the age of 16. No one under age 16 may provide any information through the Platform. We do not knowingly collect Personal Information from children under 16, and we do not have actual knowledge that we sell or share the Personal Information of children under 16. If you are under 16, do not use or provide any information through the Platform. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us.

State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information as described in more detail below.

To exercise any of these rights, please click here.

To appeal a decision regarding a consumer rights request, please fill out this form and include “APPEAL” in your request details, along with a short description of your prior request and the outcome that you are seeking. We may request more information in order to locate your prior request.

Please see below for links to our state-specific privacy notice:

• Your Privacy Rights – California
• Your Privacy Rights – Colorado
• Your Privacy Rights – Connecticut
• Your Privacy Rights – Nevada
• Your Privacy Rights – Utah
• Your Privacy Rights – Virginia

Sale and Sharing of Personal Information

We facilitate the sale of insurance and financial products, and may engage in targeted advertising, which may be considered "selling" or "sharing" personal information as defined under certain state privacy laws, including California. In the last twelve (12) months, we have "sold" or "shared" the categories of personal information identified in "PERSONAL INFORMATION WE COLLECT" with advertising networks, data analytics vendors, insurance carriers, and Agents.

We retain Personal Information where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we refer to these criteria in order to determine retention period:

• Whether we have a legal or contractual need to retain the data;
• Whether the data is necessary to provide our Platform; and
• Whether our Consumers or Agents would reasonably expect that we would retain the data until they remove it or until their accounts are closed or terminated.

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and cease any further processing until deletion is possible.

No security is foolproof, and the Internet is an insecure medium. We cannot guarantee absolute security, but we work hard to protect our Company and you from unauthorized access to or unauthorized alteration, disclosure, or destruction of Personal Information that we collect and store.

Our Platform uses third-party applications and integrations to enhance its experience. We disclaim any and all liability and responsibility for the use of these applications and integrations, and encourage you to review their individual privacy policies before using our Platform or otherwise engaging with us. We disclaim any and all liability and responsibility for the use of these applications and integrations and encourage you to review any individual privacy notice related to those applications and integrations.

We may revise this Privacy Notice from time to time. If we make material changes to this Privacy Notice, we will notify you by email or by posting a notice on our Platform prior to or on the effective date of the changes. By continuing to access or use the Platform after those changes become effective, you acknowledge the revised Privacy Notice.

If you have any questions or comments about this notice, or the ways in which we collect and use your personal information, please do not hesitate to contact us at (800) 589-3000, legal@ashbrokerage.com or by mail at:

Ash Brokerage, LLC
Attn: Chief Compliance Officer
888 South Harrison Street, Suite 900
Fort Wayne, IN 46802

Your use of the Company’s website, customer relationship management software, agent portal, leads, or your receipt of any commissions or other compensation from any insurance carrier affiliated with the Company (collectively, “Resources”) is conditioned on your acknowledgement, agreement, and compliance with these Terms. These Terms apply to all insurance agents that sell or market any products through their affiliation with the Company or in connection with use of any of the Resources.

By using the Company’s Resources, you agree to be bound by these Terms. If you disagree with any part of the Terms, you must immediately notify the Company and discontinue your relationship with the Company.

All Resources are provided “as is.” The Company makes no warranties, express, implied or otherwise, regarding the accuracy, completeness or performance of any Resource.

In connection with your activities pertaining to the marketing and sale of insurance products that involve the Company in any way (including any use of the Company trademarks or any Resource), you agree that you will not:

• sell any leads purchased from the Company or with the Company’s assistance unless expressly authorized by the Company to engage in the sale of leads;

• use (or engage others to use on your behalf), any automatic telephone dialing system, autodialer, spam text, prerecorded message, artificial voice calls, or telemarketing service;

• purchase or use leads that have been generated using any automatic telephone dialing system, autodialer, spam text, prerecorded message, artificial voice calls, or telemarketing service;

• contact any lead without evidence of proper consent or, if no consent exists, without screening against the federal Do-Not-Call (“DNC”) Registry and any applicable state DNC list;

• contact any lead that requested to opt out of communications;

• if involved in the sale or marketing of a Medicare Advantage, Medicare Part D or MAPDP product:
  • use telephonic solicitation, including text messages, door-to-door solicitation, email solicitation without an opt-out function or approach potential enrollees in common areas;
  • call a prospective enrollee who has not given permission to the entity with which you are affiliated to be contacted by a plan or sales agent;
  • use communications and marketing materials that are inaccurate, misleading, have not been approved by CMS or the applicable carrier if approval is required, or otherwise do not comply with the Medicare marketing guidelines;
  • fail to obtain an appropriate Scope of Appointment prior to a one-on-one telephonic or in-person marketing appointment; or
  • enroll a prospective enrollee into a Medicare Advantage plan on an outbound call; or

• contact leads or use the Resources in any way that violates any federal or state law including, without limitation, marketing laws, the Telephone Consumer Protection Act of 1991 (“TCPA”), the Telemarketing Sales Rule (“TSR”), CAN-SPAM Act, the Health Insurance Portability and Accountability Act (“HIPAA”), the California Consumer Privacy Act (“CCPA”), or to the extent applicable, Medicare laws, regulations and guidance.

As an agent, you authorize the Company to contact you in connection with the sale of insurance products. The Company may contact you by phone, email, text, voicemail, or other methods. You may opt out of communications by communicating to the Company your preference to opt out.

Except for employee agents, the Company’s agents are independent contractors of the Company and are not employees of the Company. Non-employee agents have the right to determine the method, manner, and means by which they perform their services. Nothing herein shall be construed to create a partnership, joint venture, or an agency relationship between non-employee contractors and the Company.

The Company’s name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Company’s website are the trademarks of their respective owners.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Resources, including your violation of law.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY (OR ITS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE RESOURCES, REGARDLESS OF LEGAL THEORY, AND EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE RESOURCES, SHALL AT ALL TIMES BE LIMITED TO THE GREATER OF $1,000 OR THE AMOUNTS PAID BY YOU TO THE COMPANY FOR ACCESS TO AND USE OF THE RESOURCES.

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Resources shall be settled by binding arbitration. You and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. The agreement to arbitrate shall survive any termination of these Terms. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, in Dallas, Texas. The arbitrator will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable.

The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.