Privacy Policy

NFS is committed to protecting your privacy. This Privacy Statement (“Statement”) explains our information processing practices. It applies to any personal information you provide to NFS and, subject to local law, any personal information we collect from other sources.

Throughout this Statement, “NFS” refers to NFS, including its affiliated companies and subsidiaries (also referred to as “we”, “us”, or “our”).

What type of information does NFS collect?

We collect personal information to offer and administer our services and products. These include insurance broking, claims management, risk management consulting, other forms of insurance services (including underwriting of insurance products and reinsurance), employee benefits program administration and investment advisory services.

We may collect information such as your name, contact details, date of birth, gender, marital status, financial details, employment details and benefit coverage. We may also collect sensitive information about you such as criminal convictions or health information in relation to life, health, professional liability and workers compensation insurance or employee benefit programs.

When you request services, we ask that you provide accurate and necessary information that enables us to respond to your request. In doing so, you consent to our collection, use, storage and disclosure of this information to appropriate third parties for the purposes described in this Statement.

While the personal information we collect may come directly from you, it may also be provided by our affiliates or other third parties (such as employers, insurance companies, insurance brokers or agents, credit organizations, motor vehicle and driver licensing authorities, financial institutions, medical professionals, etc.). If you provide personal information about other individuals (such as employees, dependents, etc.), you must obtain their consent prior to your disclosure to NFS.

NFS may collect information online when you . . .

Visit NFS websites www.nationalfloodservices.com, www.myflood.com, www.floodtools.com, etc.

For purposes of this Statement, “website” includes our mobile applications.

By using NFS websites and associated microsites, you agree to the processing of your personal information as explained in this Statement, including placing cookies on your device as described below.

We collect personal information to fulfill your requests for products and services and to improve your online experience. We strive to limit the amount of personal information collected to support the intended purpose of the collection.

We may ask you for some or all of the following types of information when you register for events, request services, manage accounts, access various content and features or directly visit our websites. This includes, but is not limited to:

contact information, such as name, e-mail address, postal address, phone number and mobile number;

user name, password, password reminder questions and password answers;

communication preferences, such as which newsletters you would like to receive;

search queries;

contact information about others when you refer a friend to a particular site or service (note: this information is used solely to facilitate requested communications)

Information posted in community discussions and other interactive online features.

In some instances, NFS automatically collects certain types of information when you visit our websites and through e-mails that we may exchange. Automated technologies may include the use of web server logs to collect IP addresses, “cookies” and web beacons. The collection of this information will allow us to improve the effectiveness of NFS websites and our marketing activities.

Cookies: NFS collects information during your visit to an NFS website through the use of cookie technology. A cookie is a piece of programming information contained in a very small text file that is placed in your Internet browser or elsewhere on your hard drive. You can control acceptance of cookies by modifying your Internet browser preferences. You have the ability to accept all cookies, to be notified when a cookie is set or to reject all cookies. Please note that, if you choose to block all cookies (including essential cookies) you may not be able to access all or part of our site and may be unable to use those services or engage in activities that require the placement of cookies. NFS uses cookies to distinguish you from other users of our website and to help us compile aggregate statistics about usage of our websites.

In addition, on some occasions, NFS may use tracking technologies such as web beacons, to collect information about your visits to NFS websites. These are small electronic images embedded in web content or e-mail messages and are ordinarily not visible to users. Like cookies, this tracking technology enables us to track pages and content accessed and viewed by users on NFS websites. The use of these technologies also helps us to provide you with a positive experience when you browse our websites, and it also helps refine our content and personalize your experience.

You can adjust your browser settings to accept or refuse cookies. Please note that, if you choose to block all cookies (including essential cookies) you may not be able to access all or part of our site and may be unable to use those services or engage in activities that require the placement of cookies.

If you are using Internet Explorer 8.0+:

Go to “Tools” in the menu bar and then click on “Internet Options”

Click on “Privacy” Tab on top

Move the slider up to the “Block all the Cookies” setting

If you are using Firefox 4.0+:

Go to “Tools” in the menu bar

Click on “Options”

Click on “Privacy Tab”

Disable the box that says “Tell websites I do not want to be tracked”

If you are using Google Chrome:

Go to “Tools Menu”

Click on “Settings”

Click on “Advanced Settings”

Click on “Privacy/Content Settings”

“Cookies” should be selected. Once done select “Block third party cookies and site data”

If you are using Safari 5.0:

Choose Safari > Preferences and click “Security.”

In the “Accept Cookies” section, specify if and when Safari should accept cookies from websites. To see an explanation of the options, click the Help button (looks like a question mark). If you have set Safari to block cookies, you may need to temporarily accept cookies to open a page. Repeat the above steps, selecting Always. When you’re done with the page, turn off cookies again and remove the page’s cookies.

For more detailed information about cookies, you may wish to visit www.allaboutcookies.org.

Links to Other websites: NFS websites may contain links to other sites which are outside our control and are not covered by this Statement. If you access other sites using the links provided, the operators of these sites may collect information from you which will be used by them in accordance with their privacy statement. We encourage you to read the privacy statements on other websites you visit. NFS is not responsible for the content or privacy practices of linked sites or any use of those sites.

Please be aware that NFS websites may contain links to sites maintained by other NFS entities that are not governed by this Statement but by other privacy statements that may differ slightly from this Statement. We encourage you to review the privacy statement of each website you visit.

Engage with NFS through Social Media

You can engage with us through social media websites or through features such as plug-ins or applications on NFS websites that integrate with social media sites. You may also choose to link your account with us to third party social media sites. When you link your account or engage with us on or through third party social media sites, plug-ins, or applications, you may allow us to have ongoing access to certain information from your social media account (e.g., name, e-mail address, photo, gender, birthday, the posts or the ‘likes’ you make).

If you post information when you interact with our websites through social media sites, plug-ins or other applications, depending on your privacy settings, this information may become public on the Internet. You can control what information you share through privacy settings available on some social media sites. For more information about how you can customize your privacy settings and how third party social media sites handle your personally identifiable information, please refer to their privacy help guides, privacy statements and terms of use.

Access our Websites through Mobile Devices

If you access our websites on your mobile telephone or mobile device, we may also collect your unique device identifier and mobile device IP address, as well as information about your device’s operating system, mobile carrier and your location information.

When you provide us your mobile device phone number as your contact phone number, you consent to the use of your mobile device phone number for the purposes identified in this Statement. If you choose to receive notifications from us on your mobile device (e.g. text notifications), you also consent to the use of your mobile phone number for that purpose.

How does NFS use your personal information?

The personal information we collect may be used to:

provide information and services as requested by you;

determine eligibility and process applications for products and services;

provide information and services as requested by clients;

understand and assess clients’ ongoing needs and offer products and services to meet those needs;

carry out client communication, service, billing and administration;

administer claims;

conduct data analysis;

obtain and update credit information with appropriate third parties, such as credit reporting agencies, where transactions are made on credit;

execute monitoring and training;

develop new services;

market products and services (subject to appropriate consent); and

conduct processing necessary to fulfill other contractual obligations for the individual.

With your consent, we may also use your personal information for additional purposes.

Does NFS disclose your personal information?

Business Partners

We disclose personal information to business partners that are necessary to provide our products and services. Examples include:

banking and finance products – credit and fraud reporting agencies, debt collection agencies, insurers, reinsurers, and managed fund organizations for financial planning, investment products and trustee or custodial services in which you invest

insurance broking and insurance products – insurers, reinsurers, other insurance intermediaries, insurance reference bureaus, medical service providers, fraud detection agencies, our advisers such as loss adjusters, lawyers and accountants and others involved in the claims handling process

We do not rent, sell or otherwise disclose personal information about our online visitors with unaffiliated third parties for their own marketing use.

Authorized Service Providers

We may disclose your information to service providers we have retained to perform services on our behalf. These service providers are contractually restricted from using or disclosing the information except as necessary to perform services on our behalf or to comply with legal requirements.

Legal Requirements and Business Transfers

We may disclose personal information (i) if we are required to do so by law or legal process, (ii) in response to law enforcement authority or other government official requests, (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, (iv) in connection with an investigation of suspected or actual illegal activity or (v) in the event that NFS is subject to a merger or acquisition to the new owner of the business. Disclosure may also be required for company audits or to investigate a complaint or security threat.

Does NFS transfer your personal information across geographies?

NFS may transfer certain personal information across geographical borders to NFS entities or service providers in other countries working on our behalf in accordance with applicable law.

By providing us with your information or using our websites, you consent to the collection, international transfer, storage, and processing of your information. These transfers are governed by European Union (EU) standard contractual clauses or equivalent data transfer agreements to protect the security and confidentiality of personal information.

How can you access and update your information?

NFS takes reasonable steps to keep your personal information accurate and complete. You can access or update your personal information in the following ways.

Profile

If you have created a profile or account on one of our websites, you can update your contact information after you log into your account.

Newsletters

If you request electronic communications, such as an e-newsletter, you will be able to unsubscribe at any time by following the instructions included in the communication.

Mobile Devices

If you previously chose to receive push notifications on your mobile device from us but no longer wish to receive them, you can manage your preferences either through your device or the application settings. If you no longer wish to have any information collected by the mobile application, you may uninstall the application by using the uninstall process available on your mobile device.

Email

Contact us at the e-mail or postal address listed in the “Contact Us” section at the bottom of this Statement. Please include your current contact information, the information you are interested in accessing and your requested changes. We will provide you access to the personal information requested, subject to reasonable limitations provided by law, unless it infringes on the privacy of other individuals.

If we do not provide you with access, we will provide you with the reason for refusal and inform you of any exceptions relied upon.

Does NFS have security measures in place to protect your information?

NFS has implemented reasonable physical, technical and administrative security standards to protect personal information from loss, misuse, alteration or destruction.

Our service providers and agents are contractually bound to maintain the confidentiality of personal information and may not use the information for any unauthorized purpose.

Does NFS collect information from children?

Our websites are not directed to children and we do not knowingly collect personal information from children on our websites.

Contact Us

If you have any questions relating to this Statement, please contact us at legal@peak6.com.

Changes to this Statement

We may update this Statement from time to time. We encourage you to periodically review this Statement so that you will be aware of our privacy practices. This Statement was last updated on October 1, 2018.

TERMS AND CONDITIONS OF USE OF THIS WEBSITE

Effective October 1, 2018

Please read these terms and conditions of use (“Terms of Use”) carefully. By accessing and using this website you are agreeing to be bound by these Terms of Use, including our Privacy Policy. If you do not agree to these Terms of Use, please do not use this website.

Changes to Terms of Use

We may change the Terms of Use at any time by posting revisions with a new effective date. Your continued use of the website after a posted change in the Terms of Use is your agreement to the revised Terms of Use. You should review the Terms of Use from time to time to make sure that you are aware of the current Terms of Use.

Permitted Uses; Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to access the website pursuant to these Terms of Use. We may change, suspend, or discontinue any aspect of the website at any time. We may also, without notice or liability, impose limits on certain features and services or restrict or deny your access to all or portions of the website. Except as expressly provided in these Terms of Use, you shall have no right to directly or indirectly own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the website, or any of its contents, in whole or in part. You are only authorized to visit, view, and retain a copy of pages of the website for your own use in doing business with us. You agree that you shall not duplicate, download, publish, modify or otherwise distribute the material on the website for any other purpose. You also agree not to deep-link to the website for any commercial purpose, unless specifically authorized by us to do so. You may not use this website for any commercial purpose, such as to offer sales of merchandize or services, whether by advertising, solicitations, links, or any other form of communication, without prior written authorization by us.

Product Offerings

You acknowledge that we are not the issuer of any such insurance and shall have no responsibility to you with respect thereto.

Term; Termination

We may limit or terminate your use of this website at any time, for any reason or no reason, in our sole discretion. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Representation by You

By accessing or using the website, you represent and warrant that you are at least 18 years old.

Copyright

The entire content of this website, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is our property or the property of our licensor. Permission is granted to electronically copy and print hard copy portions of this website for the sole purpose of doing business with us. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for that purpose. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless specifically authorized by us. You further agree not to change or delete any proprietary notices from materials downloaded from the website.

All trademarks, service marks and trade names used in the website are our, or our licensor’s, trademarks or registered trademarks.

Warranty Disclaimer

YOU EXPRESSLY AGREE THAT THIS WEBSITE AND THE MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE, OUR PARENT ENTITY OR THE SUBSIDIARIES OR AFFILIATES OF EITHER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, THE MATERIALS ON THIS WEBSITE, OR THE INFORMATION AVAILABLE THROUGH THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Choice of Law; Jurisdiction; Venue

Your use of this website shall be governed in all respects by the laws of the State of Illinois, U.S.A., without regard to conflicts of laws principles. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website shall be in the state or federal courts located in Chicago, Illinois. You further agree and submit to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such claim or action.

Limitation on Period to Bring Claims

Any cause of action or claim you may have with respect to this website must be commenced within one (1) year after the claim or cause of action arises.

Waiver, Estoppel

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use.

Assignment and Delegation of Rights

We may assign our rights and delegate our duties under these Terms of Use to any person at any time without notice to you.

Indemnification

You agree to indemnify, defend, and hold harmless us, our parent entity or any of our or their officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account.

Third-Party Links

This website may link to websites operated by third parties. However, even if the third party is affiliated with us, we have no control over those linked websites, any of which may have separate terms and conditions of use and/ or privacy and data collection practices independent of ours. Those linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of this website and the links placed upon it and therefore request any feedback on not only this website, but websites it links to as well (including if a specific link does not work).

Privacy Policy

Our Privacy Policy is part of these Terms of Use.

Complete Agreement

These Terms of Use (including our Privacy Policy) constitute the entire agreement between you and us with respect to the website and supersede all prior or contemporaneous communications and proposals between you and us with respect to the website. If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

NATIONAL FLOOD SERVICES LLC