Zywave Website Privacy Addendum for California Residents

Effective Date: January 1, 2020

Last Updated: January 1, 2023

This Privacy Addendum for California Residents (the “California Addendum”) supplements the information contained in Zywave’s Privacy Statement (the “Privacy Statement”) and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and, unless defined in this California Addendum or the Privacy Statement, any terms defined in the CCPA have the same meaning when used in this California Addendum. If you are a California resident with disabilities, and need to be provided with an accessible version of this Notice, please contact us at the method below.

Applicability

Generally, Zywave acts as a service provider (as defined by the CCPA) on behalf of our customers, including where we offer to our customers various products and services through which our customers (or us on their behalf): (i) manage and request information in regard to health benefit plans and technology solutions for the insurance industry; (ii) sell or offer their own products, services and health benefit plan solutions; (iii) send electronic communications to other individuals; or (iv) otherwise collect, use, share, or process personal information via our products and service. To this end, if not stated otherwise in this California Addendum, our Privacy Statement, or in a separate disclosure, we process your personal information in the role of a mere service provider on behalf of a customer (and/or its affiliates) who is the responsible business for your personal information. When acting as a service provider, we will only collect, use, and otherwise process your personal information as directed by our customers and as otherwise permitted by the CCPA and applicable law. If your data has been submitted to us by or on behalf of a Zywave customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the applicable customer directly. Because we may only access a customer’s data upon instruction from that customer, if you wish to make your request directly to us, please provide to us the name of the Zywave customer who submitted your data to us. We will refer your request to that customer, and will support them as needed in responding to your request within a reasonable timeframe.

For detailed privacy information related to our collection and use of your data on behalf of a Zywave customer who uses our products and services, please reach out to the respective customer directly. We are not responsible for and have no control over the privacy and data security practices of our customers, which may differ from those set forth in this California Addendum and our Privacy Statement.

Further, this California Addendum does not apply to:

• Information or organizations excluded from the CCPA’s scope, including:
• Medical information governed by the California Confidentiality of Medical Information Act (“CMIA”), protected health information collected by a covered entity or business associate governed by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), or a provider of health care governed by the CMIA or covered entity governed by HIPAA to the extent the provider or covered entity maintains patient information in the same manner as medical information or protected health information under the CMIA or HIPAA, respectively;
  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Other exclusions as set forth under applicable California law.

In the event that Zywave is not acting as a service provider, and your personal information is not otherwise excluded as set forth above, the following information applies to how we, collect, use, and share your personal information.

Information We Collect

Our Website, www.zywave.com, collects 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 household (“personal information”). In particular, Zywave has collected the following categories of personal information from its consumers within the last twelve (12) months through its Website:

Zywave obtains the categories of personal information listed above from the following categories of sources:

• We collect information directly from you when you provide it to us.
• We collect internet or other similar network activity when you use our Website.
• We collect information from our business partners and other third parties who help us manage our business (with your consent as required by law).

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason you provided the information.
• To provide, support, personalize, and develop our Website, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To contact you in order to provide you with product-related information including, but not limited to, news, training and support, customized services, product documentation, and promotional materials.
• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, quality, and integrity of our Website, products and services, databases and other technology assets, and business, including to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity, and to debug to identify and repair errors that impair existing intended functionality.
• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Zywave’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Zywave about our Website users is among the assets transferred.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.

Zywave 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.

Data Retention
Zywave will only retain your personal information for as long as is needed for the purpose(s) for which it was collected and other permitted purposes, including retention of personal information pursuant to any applicable contract, law or regulation. Our retention periods vary based on business, legal and regulatory needs.

Sharing Personal Information
Disclosures of Personal Information for a Business Purpose
Zywave may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business 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. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

Selling and Sharing Personal Information
Zywave does not “sell” personal information as most people would commonly understand that term or in the way that the CCPA primarily defines the term “sale.” The CCPA defines a “sale” as a disclosure of personal information to third parties for money or “other valuable consideration.” Zywave does not, and will not, disclose your personal information in direct exchange for money or some other form of payment.

Zywave may “share” personal information for purposes of serving you with personalized ads or content, otherwise known as “cross-context behavioral advertising.” The CCPA defines “sharing” as “communicating orally, in writing, or by electronic or other means, a consumer’s personal information” to “a third party for cross-context behavioral advertising, whether or not for money or other valuable consideration.” In other words, Zywave may share your personal information, specifically internet or other similar network activity, with third parties to help serve you with personalized content or ads that may be more relevant to your interests, and to perform other advertising-related services such as reporting, attribution, analytics, and market research.

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 Zywave 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 California Privacy Rights 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 or commercial purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business or commercial purpose, identifying the personal information categories that each category of recipient obtained.

Correction Request Rights
You have the right to request that Zywave correct inaccuracies in your personal information. Once we receive your verifiable consumer request (see Exercising California Privacy Rights Rights) we will use commercially reasonable efforts to correct your inaccurate personal information.

Deletion Request Rights
You have the right to request that Zywave 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 California Privacy Rights 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 California Privacy Rights Rights

To exercise the California privacy-rights described above, please submit a verifiable consumer request to us by either:

• Calling us toll-free at (855) 454-6100
• Emailing us at [email protected].
• Visiting us at zywave.com

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf (an “Authorized Agent”), 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 twelve (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 Agent. Before completing your request to exercise the below, we will verify that the request came from you by requiring submission of identification through secure means.
• 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. With few exceptions, we will only review and fulfill a request from your Authorized Agent if (a) you grant the Authorized Agent written permission to make a request on your behalf, (b) you or the Authorized Agent provides us notice of that written permission, and (c) we are able to verify your and the Authorized Agent’s identity in connection with that notice and the request.

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 45 additional days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, 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 and Sharing 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 or share your personal information at any time (the “right to opt-out”). We do not sell or share the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales or sharing may opt-out of future sales or sharing at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by emailing [email protected].

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales or sharing. However, we may not recognize you to comply with your opt-out request 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 into the sale or sharing of your personal information at any time by emailing [email protected].

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

Changes to Our California Addendum

Zywave reserves the right to amend this California Addendum as described in our Privacy Statement. When we make changes to this California Addendum, we will inform you of such updates as described in our Privacy Statement.

Contact Information

If you have any questions or comments about this California Addendum, the ways in which Zywave collects and uses your information described in this California Addendum or in the Privacy Statement, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at [email protected] or writing to:

Zywave

10100 W. Innovation Drive
Suite 300
Milwaukee, WI 53226