Privacy Statement

FIMC Privacy Policy

Last modified: March 27, 2020

1. Introduction

This Privacy Policy describes how FIMC collects and uses Personal Information about you through the use of our websites, mobile applications, and through email, text, and other electronic communications between you and FIMC.

 FIMC Partners, LP, our subsidiaries and/or our affiliate companies, (for a full list of websites please visit www.fimc.com/about-us)  (“FIMC” or we” or “us”) respects your privacy and is committed to protecting it through our compliance with this policy.

This Privacy Policy (our “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit this website and other FIMC membership websites (each, a “Website”) and our FIMC-related mobile applications that you download from an official mobile application store, such as the Apple App Store® or the Google Play Store® (each, an “Application”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information that we collect:

  • on our Websites and Applications;
  • in email, text, and other electronic messages between you and us on or through our Websites and/or Application; and
  • when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by FIMC or any third-party (including our affiliates and subsidiaries);
  • us or any of our affiliates or subsidiaries related to your or any other individual’s employment or potential employment with us; or
  • any third party (including your insurance provider and our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Websites and Application.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Websites or Application. By accessing or using these Websites or Application, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of these Websites or Applications after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

2.  Children Under the Age of 18 or the Legal Age to Form a Binding Contract in Your Jurisdiction

Our Websites and Application are not intended for children under the age of 18 or under the legal age to form a contract in your jurisdiction, whichever is higher. Such children are not permitted to use our Websites or Application. We will remove any information about such a child if we become aware of it. 

 

Our Websites and Application are not intended for children under 18 years of age or the legal age to form a binding contract in your jurisdiction, whichever is higher. No one under this age may provide any personal information to or on the Websites or Application. We do not knowingly collect Personal Information from children under this age. If you are under this age, do not use or provide any information on our Websites or Application or on or through any of their features, become a member on the Websites or Application, make any purchases through the Websites or Application, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under this age without verification of parental consent, we will delete that information. If you believe we might have any information from a child under this age, please contact us at information@fimc.com.

3.  Information We Collect About You and How We Collect It

We collect different types of information about you, including information that may directly identify you, information that is about you individually but does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you or through automated collection technologies.

 

Generally

We collect several types of information from and about users of our Websites and Application (“Personal Information”):

  • by which you may be personally identified, such as but not limited to, name, postal addresses, billing address, e-mail address, telephone numbers, a representation of your credit card or debit card number (solely for billing and payment purposes, see below), date of birth, and user-provided photograph;
  • that is about you individually but does not directly personally identify you, such as website traffic data, location data, logs, referring/exit pages, date and time of your visit to our Websites and Application, error information, clickstream data, and other communication data and the resources that you access and use on the Websites and Application; and/or
  • about your internet connection you use to access our Websites and Application and usage details.

We collect this information:

  • directly from you when you provide it to us;
  • automatically as you navigate through the Websites and Application. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, local stored objects (Flash Cookies), and other tracking technologies; and
  • from third parties, for example, our business partners. Please note that your credit card information is collected and processed by a third-party service provider that provides credit card processing services for us. FIMC only receives a representation of your credit card information that may only be used for FIMC recurring payments with our payment processor and does not receive your actual credit card information from our payment processor. This representation of your credit card information will be used only to process payments which you authorize. Please consult the privacy policy for our payment processor found hereand on the Website’s payment pages if you have questions about the collection and use of your credit card information. Please note that the third-party payment processor (and not FIMC) will be responsible for the security of your credit card information.

Information You Provide to Us

The information we collect on or through our Websites and Application are:

  • information that you provide by filling in forms on our Websites or Application. This includes information provided at the time of becoming a member or requesting further information. We may also ask you for information when you enter a contest or promotion sponsored by us and when you report a problem with one of our Websites or Application;
  • records and copies of your correspondence (including your email address), if you contact us;
  • records and copies of your claims or other requests to use your benefits, including, for example, when you request roadside assistance or locksmith services and for other reimbursements;
  • your responses to surveys that we might ask you to complete for research purposes;
  • details of transactions you carry out through our Websites or Application and of the fulfillment of your insurance policy or renewals. You may be required to provide financial information before becoming a member or renewing your membership through our Websites or Application; and
  • your search queries on the Websites or Application.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Websites or Application, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns:

  • details of your visits to our Websites and Application as described above; and
  • Information about your computer and internet connection, i.e. your IP address

The information we collect automatically includes Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Websites and Application and to deliver a better and more personalized service by enabling us to:

  • estimate our number of users of our Websites and Application and their usage patterns;
  • store information about your preferences, allowing us to customize our Websites and Application according to your individual interests;
  • maintain whether you are logged in or logged out from our Websites and Application;
  • speed up your searches; and
  • recognize you when you return to our Websites and Application.

The automatic data collection technologies that we use include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies or alert you when cookies are being sent by activating the appropriate setting or settings on your browser. However, if you refuse to accept cookies by selecting such a setting you may be unable to access certain parts of our Websites or Application. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Websites or Application. You can find more information about cookies at http://www.allaboutcookies.org;
  • Flash Cookies. Certain features of our Websites and Application may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information; and
  • Web Beacons. Pages of our the Websites and Application and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit FIMC, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third Party Use of Cookies and Other Tracking Technologies. Some content or applications, including advertisements, on the Websites or Applications are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Websites or Applications. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. These third parties are listed below:

  • Google AdWords Remarketing. We use Google AdWords Remarketing to advertise our services across the Internet and to advertise on third party websites (including Google) to previous visitors to our Site. AdWords remarketing will display ads to you based on what parts of our Websites you have viewed by placing a cookie on your web browser. It could mean that we advertise to previous visitors who haven’t completed a task on our Websites or this could be in the form of an advertisement on the Google search results page, or a website in the Google Display Network. This cookie does not in any way identify you or give access to your computer or mobile device. The cookie is only used to indicate to other websites that you have visited a particular page on one of our Websites, so that they may show you ads relating to that page. If you do not wish to participate in our Google AdWords Remarketing, you can opt out by visiting Google’s Ads Preferences Manager at https://www.google.com/settings/ads.

For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

4.  How We Use Your Information

We use your Personal Information for various purposes described below, including to:

·         provide our Websites and Application to you;

·         provide you with information you request from us;

·         enforce our rights arising from contracts;

·         notify you about changes; and

·         provide you with notices about your account

We use information that we collect about you or that you provide to us, including any Personal Information:

  • to present our Websites and Application and their contents to you;
  • to verify your eligibility for membership and to process your claims;
  • to provide you with information, benefit products, or benefit services that you request from us;
  • to provide you with notices about your membership, including expiration and renewal notices;
  • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • to notify you about changes to our Websites and Application or any products or services we offer or provide though them;
  • in any other way we may describe when you provide the information or as otherwise set forth in applicable privacy laws;
  • to calculate the premiums for your benefits;
  • for our Applications to send you push notifications. Your Personal Information may be used by our Applications to provide you with push notifications, but such Personal Information is not transmitted to us for these purposes.
  • to fulfill any other purpose for which you provide it. For example, if you share your name and contact information to request a price for membership or ask a question about our benefits, we will use that personal information to respond to your inquiry. If you provide your personal information to become a member or purchase a membership, we will use that information to process your payment and facilitate making your benefits available to you and to facilitate your use of your benefits;
  • to help maintain the safety, security, and integrity of our Websites and Applications, membership plans and benefit providers, databases and other technology assets, and business;
  • for testing, research, analysis, and product development, including to develop and improve our Websites, Applications, and membership plans; and
  • or for any other purpose with your consent.

With your consent, we may also use your information to contact you about our own goods and services that may be of interest to you. If you wish to consent to this use, please check the relevant box located on the form on which we collect your data. If you wish to change your choice, you may do so at any time by sending us an email stating your request at information@fimc.com. For more information, see Choices About How We Use and Disclose Your Information.

5. Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Information for purposes other than those outlined in this Privacy Policy. We disclose your Personal Information to a few third parties, including:

·         our subsidiaries and our affiliates;

·         our third-party service providers that we use to support our business (including those to provide you with your benefits);

·         to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;

·         to comply with our legal obligations; and

·         to enforce our rights.

We do not share, sell, or otherwise disclose your Personal Information for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Information that we collect or you provide as described in this Privacy Policy:

  • to our subsidiaries and affiliates;
  • the organization from which you obtain your benefits policy;
  • to contractors, service providers, and other third parties we use to support our business and provide you with your benefits. These entities provide IT and infrastructure support services, payment processing services, roadside assistance, travel assistance, healthcare, legal services, and other benefits of your membership.
  • to a potential or actual buyer or other successor in the event of a planned or actual merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of FIMC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by FIMC about our Websites and Application’s users is among the assets transferred;
  • to third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information;
  • to internet cookie information recipients, such as analytics and behavioral advertising services;
  • to fulfill the purpose for which you provide it. For example, if you present a membership card to a provider in our benefits network, we may share information with that provider regarding the scope of your membership benefits; and
  • for any other purpose disclosed by us when you provide the information.

We may also disclose your Personal Information:

  • to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • to enforce or apply our terms of use fimc.com/terms-of-use and other agreements, including for billing and collection purposes; and
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of FIMC, our members, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and risk reduction.

6. Choices About How We Use and Disclose Your Information

We offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Information for third-parties to advertise to you, our advertising to you, and other targeted advertising.

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with control over your Personal Information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from FIMC. We will only use your email address to promote our own or third parties’ goods and services with your express consent. If you wish to consent to such use, you can define so on your member profile online or otherwise seek such consent. If you wish to change your choice, you may do so at any time by updating your member profile online or by sending us an email stating your request to information@fimc.com. If we have sent you a promotional email, you may click the unsubscribe link at the bottom of promotional emails or you may send us a return email asking to be omitted from future email distributions or select an option to be omitted in the promotional email.
  • Targeted Advertising. We will use information that we collect or you provide to deliver advertisements on our Websites or in our Application according to our advertisers’ target-audience preferences unless you opt out of such use. If you wish to opt out of such use, you can check or uncheck the relevant box located on the form on which we collect your Personal Information. If you wish to change your choice, you may do so at any time by logging into the Websites and Application and adjusting your user preferences in your account profile by sending us an email stating your request to information@fimc.com.
  • Google AdWords Remarketing. If you do not wish to participate in our Google AdWords Remarketing, you can opt out by visiting Google’s Ads Preferences Manager at https://www.google.com/settings/ads.
  • Push Notifications. If you do not wish us to send you push notifications, push notifications can be configured in the settings for your mobile device. Please refer to the user guide for your mobile device for more information on how to configure these notifications.

You can learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative (“NAI”) on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info). We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.

7.  Accessing and Updating Your Information

You may review and update your Personal Information by logging into the Websites or Application and visiting your “Member” page.  We may notify you of any changes or errors in any Personal Information. We are not able to accommodate any requests if we believe it would violate any law or legal requirement or cause the information to be incorrect.

Access and Update. You can review and update some of your Personal Information by logging into the Websites or Application and visiting your “Member” page. You may also notify us through the Contact Information below of any changes or errors in any Personal Information we have about you to ensure that it is complete, accurate, and as current as possible. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect and some Personal Information may not be changed.

8.  State-Specific Privacy Rights

The law in certain states may provide their residents with additional rights regarding our use of your Personal Information

The law in some states may provide you with additional rights regarding our use of Personal Information. To learn more about any additional rights that may be applicable to you as a resident of one of these states, please see the privacy addendum for your state that is attached to this Privacy Notice.

Your California Privacy Rights

After January 1, 2010, you have the additional rights described in the California Privacy Addendum.

9.  Consent to Storage and Processing of Personal Information outside of Other Countries

We may transfer and process your Personal Information outside of other countries, including the United States. We only do this when we are legally permitted to do so and when we have appropriate safeguards in place to protect your Personal Information

In order to provide our Websites, Application, benefits, and services to you, and for the other purposes outlined in this Privacy Policy, we may send and store your Personal Information across provincial or national borders, including in the United States or other jurisdictions outside of other countries with different (and perhaps weaker) privacy laws. In the event that we store or process your information in a jurisdiction outside of your country of residence, you acknowledge that the government, courts, law enforcement, or regulatory agencies of that jurisdiction may be able to obtain disclosure of your Personal Information pursuant to that jurisdiction’s laws. By using our Websites or Application, you represent that you have read and understood this paragraph and hereby consent to the transfer, storage and processing of Personal Information across provincial or national borders and in foreign jurisdictions as described above.

 

10.  Do Not Track Signals

We may use automated data collection technologies to track you across websites and Application. We currently do not honor do-not-track signals that may be sent by some browsers.

Our Websites or Application may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers or operating systems permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

11. Data Security

Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Information. You can help protect your Personal Information and other information by keeping your password to our Websites and Application confidential.

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites and Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone outside of your family.

Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Websites and Application. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites and Application.

12.  Changes to Our Privacy Policy

We will post any changes to our Privacy Policy on our Websites and Application. If we make material changes to our Privacy Policy, we may notify you of such changes through your contact information and invite you to review (and accept, if necessary) the changes.

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ Personal Information, we will notify you by email to the email address specified in your account or through a notice on the Websites or the Application’s home page. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites, Application, and this Privacy Policy to check for any changes.

13. Contact Information

You may contact our Data Protection Officer through the contact information below. If you wish to contact us, you must contact us through the contact information below or through the “Contact Us” page on our Websites or Application.

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy, have any requests related to your Personal Information pursuant to applicable laws, or otherwise need to contact us, you must contact us at the contact information below or through the “Contact” page on one of our Websites or through our Application.

To Contact FIMC

FIMC Partners, LP

1440 Main Street

Sarasota, FL 34236

United States

800-621-5287

privacy@fimc.com

 

 

FIMC Privacy Addendum for California Residents

Effective Date: January 1, 2020

Last Reviewed on: March 27, 2020

This Privacy Addendum for California Residents (the “California Privacy Addendum”) supplements the information contained in FIMC’s generally applicable Privacy Notice (the “Privacy Notice”) and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this California Privacy Addendum to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this California Privacy Addendum.

Information We Collect or Have Collected

Our Websites and Applications collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, FIMC’s Websites and Applications collect and have collected the following categories of Personal Information from its consumers within the last twelve (12) months:

 

Category

Examples

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, , or other similar identifiers.

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, physical characteristics or description, address, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some Personal Information included in this category may overlap with other categories.

C. Protected classification characteristics under California or federal law.

Age (40 years or older) (indirectly through birthdate), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

 

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

F. Internet or other similar network activity.

Browsing history and other information on a consumer’s interaction with a website, application, or advertisement.

G. Geolocation data.

Physical location or movements.

 

Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

FIMC obtains the categories of Personal Information listed above from the categories of sources described in our Privacy Notice.

Use of Personal Information

We may use, sell, or disclose the Personal Information we collect for business or commercial purposes described in our Privacy Notice. FIMC will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

Disclosures of Personal Information for a Business or Commercial Purpose

FIMC may disclose your Personal Information to a third party for a business or commercial purpose (not including “sales” of your Personal Information as discussed below). When we disclose Personal Information for a business or commercial purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

We share your Personal Information with the categories of third parties described in our Privacy Notice. In the preceding twelve (12) months, FIMC has disclosed the following categories of Personal Information for a business or commercial purpose:

Category A: Identifiers.

Category B: California Customer Records Personal Information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category F: Internet or other similar network activity.

We disclose your Personal Information for a business or commercial purpose to the categories of third parties described in our Privacy Notice. 

Sales of Personal Information

The California State Attorney General may issue guidance on if the use of advertising cookies on our Websites and Application may be considered a “sale” of Personal Information as the term “sale” is broadly defined in the CCPA. Until such guidance has been issued, we continue to consider it a “sale” in order to be as transparent as possible with our members and other users of our Websites and Application and will comply with the restrictions of the “sale” of this information to the extent technologically feasible. In the preceding twelve (12) months, FIMC has “sold” the following categories of Personal Information:

  1. Internet or other similar network activity.

We “sell” your Personal Information as defined in the CCPA to the following categories of third parties:

  • Internet cookie information recipients, such as analytics and behavioral advertising services.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that FIMC disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of Personal Information we collected about you.
  • The categories of sources for the Personal Information we collected about you.
  • Our business or commercial purpose for collecting or selling 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 (also called a data portability request).
  • If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
    • sales, identifying the Personal Information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that FIMC delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the 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.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. 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.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Calling us at 800-621-5287.
  • Visiting one of our Websites.
  • Logging into your account on the Websites or Application and visiting your “Member” page and making such a request.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer 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.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account.

We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your Personal Information at any time (the “right to opt-out”). Our Websites and Application are not intended for children under 18 and therefore we do not sell the Personal Information of such consumers or provide a method for such consumers to opt-in to the sale of their Personal Information. Consumers who have previously opted-in to sales of Personal Information (as defined under the CCPA) may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may contact our Member Services team or log onto your member account and opt-out in your email preferences.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, we may not recognize you if you use a different device to interact with us or if you clear the cookies on your mobile device. You may change your mind and opt back in to Personal Information sales at any time.

You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you memberships, membership plans, or services.
  • Charge you different prices or rates for membership, membership plans, or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of membership, membership plans, or services.
  • Suggest that you may receive a different price or rate for membership, membership plans, or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We currently do not provide any such financial incentives.

Changes to Our Privacy Notice

FIMC reserves the right to amend this California Privacy Addendum as set forth in our Privacy Notice. When we make changes to this California Privacy Addendum, we will inform you of such updates, and such updates will become effective, as described in our Privacy Notice.

Contact Information

If you have any questions or comments about this California Privacy Addendum, the ways in which FIMC collects and uses your information described in this California Privacy Addendum or in the Privacy Notice, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us as described in our Privacy Notice.