Privacy Policy

OVERVIEW

Last Updated: June 16, 2023

This Privacy Policy describes the collection, use, and disclosure practices with respect to Pellegrini & Associates (“we,” “us”, “our,” or the “Company”) and its website, https://www.pellegriniandassociates.com/consumer/, 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 Policy 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.

APPLICABILITY OF HIPAA AND GLBA

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 Policy applies to personal information that is not covered by HIPAA or GLBA.

INFORMATION COLLECTED FOR TEXTING PROGRAM

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.

Personal Information We Collect / Sources of Personal Information

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.

HOW WE USE THE PERSONAL INFORMATION WE COLLECT

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 Policy, 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.

HOW WE SHARE THE PERSONAL INFORMATION WE COLLECT

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.

COOKIE POLICY

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.

CHILDREN UNDER THE AGE OF 16

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.

YOUR STATE PRIVACY RIGHTS

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 policies:

• 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.

RETENTION OF DATA

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.

DATA SECURITY

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.

THIRD PARTY APPLICATIONS AND INTEGRATIONS

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 policy related to those applications and integrations.

UPDATES TO THIS PRIVACY POLICY

We may revise this Privacy Policy from time to time. If we make material changes to this Privacy Policy, 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 Policy.

CONTACT INFORMATION

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:

Phone: 866-731-6112

Email: info@pellegriniandassociates.com

Address:

8433 Black Canyon Hwy, Suite 178, Phoenix, AZ 85021

YOUR PRIVACY RIGHTS – CALIFORNIA

To the extent the law applies to Company, Company is required under the California Consumer Privacy Act (“CCPA”), as amended, to provide certain information to California residents about how we collect, use, and share their Personal Information in our capacity as a business, and about the rights and choices California residents may have concerning their Personal Information. For purposes of this section, “Personal Information” has the meaning provided in the CCPA.

This section applies only to California residents. As a California resident, you have the rights listed below. However, these rights are not absolute, and, in certain cases, we may decline your request as permitted by law. To exercise any of these rights, please click here. Only you, or someone legally authorized to act on your behalf, may make a request related to your Personal Information.

The following disclosures are made in compliance with the CCPA, as amended. In the past twelve (12) months, we have collected the Personal Information described above, and disclosed it to the third parties listed under the section “Sharing Personal Information” for the business purposes identified therein and under the section “Use of Personal Information.” This information falls into the following categories of Personal Information under the CCPA:

• Identifiers;
• Categories of Personal Information described in section 1798.80(e) of the California Civil Code;
• Characteristics of protected classifications under California or federal law;
• Commercial information;
• Geolocation information;
• Audio, electronic, or visual information;
• Internet or electronic network activity information;
• Professional or employment-related information; and
• Sensitive personal information identified by asterisk (*) in the above table.

As disclosed above in “Sale and Sharing of Personal Information” we may engage in activity that may be considered “selling” or “sharing” Personal Information. If you wish to opt out of this use of your Personal Information, click here:.

We do not use or disclose sensitive Personal Information (indicated in the section “Personal Information We Collect” with an asterisk (*)) for purposes other than those specified in Cal. Code Regs. tit. 11, § 7027(m).

Below is a summary of your rights under the CCPA. Please note that these rights are not absolute, and, in certain cases, we may decline your request as permitted by law.

Exercising Your Privacy Rights

YOUR PRIVACY RIGHTS – COLORADO

To the extent the law applies to Company, Company is required under the Colorado Privacy Act (“CPA”) to provide certain information to Colorado residents about how we collect, use, and share their Personal Data in our capacity as a business, and about the rights and choices Colorado residents may have concerning their Personal Data. For purposes of this section, “Personal Data” has the meaning provided in the CPA and does not include information exempted from the scope of the CPA. Please note that we may claim legal exemptions for certain types of Personal Data and from certain parts of the CPA.

This section applies only to Colorado residents. As a Colorado resident, you have the rights listed below. However, these rights are not absolute, and, in certain cases, we may decline your request as permitted by law.

To exercise any of these rights, please click here.

Exercising Your Privacy Rights

YOUR PRIVACY RIGHTS – CONNECTICUT

To the extent the law applies to Company, Company is required under the Connecticut Data Privacy Act (“CTDPA”) to provide certain information to Connecticut residents about how we collect, use, and share their Personal Data in our capacity as a business, and about the rights and choices Connecticut residents may have concerning their Personal Data. For purposes of this section, “Personal Data” has the meaning provided in the CTDPA and does not include information exempted from the scope of the CTDPA. Please note that we may claim legal exemptions for certain types of Personal Data and from certain parts of the CTDPA.

This section applies only to Connecticut residents. As a Connecticut resident, you have the rights listed below. However, these rights are not absolute, and, in certain cases, we may decline your request as permitted by law.

To exercise any of these rights, please click here.

Exercising Your Privacy Rights

YOUR PRIVACY RIGHTS – NEVADA

Nevada provides its residents with a limited right to opt out of certain Personal Information sales. Residents who wish to exercise this sale opt out right may submit a request to the contact above under “CONTACT INFORMATION.”

YOUR PRIVACY RIGHTS – UTAH

To the extent the law applies to Company, Company is required under the Utah Consumer Privacy Act (“UCPA”) to provide certain information to Utah residents about how we collect, use, and share their Personal Data in our capacity as a business, and about the rights and choices Utah residents may have concerning their Personal Data. For purposes of this section, “Personal Data” has the meaning provided in the UCPA and does not include information exempted from the scope of the UCPA. Please note that we may claim legal exemptions for certain types of Personal Data and from certain parts of the UCPA.

This section applies only to Utah residents. As a Utah resident, you have the rights listed below. However, these rights are not absolute, and, in certain cases, we may decline your request as permitted by law.

To exercise any of these rights, please click here.

Exercising Your Privacy Rights

YOUR PRIVACY RIGHTS – VIRGINIA

To the extent the law applies to Company, Company is required under the Virginia Consumer Data Protection Act (“VCDPA”) to provide certain information to Virginia residents about how we collect, use, and share their Personal Data in our capacity as a business, and about the rights and choices Virginia residents may have concerning their Personal Data. For purposes of this section, “Personal Data” has the meaning provided in the VCDPA and does not include information exempted from the scope of the VCDPA. Please note that we may claim legal exemptions for certain types of Personal Data and from certain parts of the VCDPA.

This section applies only to Virginia residents. As a Virginia resident, you have the rights listed below. However, these rights are not absolute, and, in certain cases, we may decline your request as permitted by law.

To exercise any of these rights, please click here.

Exercising Your Privacy Rights

PRIVACY POLICY FOR SMS MESSAGING

Effective Date: 1/1/2024

Introduction
At Pellegrini & Associates, your privacy is critically important to us. This Privacy Policy explains how we collect, use, and protect your personal information when you opt into our SMS messaging program. By opting into our SMS service, you agree to the terms outlined below, which are in compliance with the latest 2024 regulations under the Telephone Consumer Protection Act (TCPA) and the Campaign Registry guidelines.

1. Information We Collect

When you opt-in to receive SMS messages from us, we collect the following information:

• Phone Number: The mobile number provided during the opt-in process.
• Message Interaction Data: Includes information such as delivery status, response data, and message engagement rates.
• Consent Data: We maintain records of when and how you provided consent to receive SMS messages, including the method of opt-in (e.g., web form, keyword, or verbal consent).

• Send text messages based on the preferences you indicated when opting in, such as promotional offers, updates, or alerts.
• Ensure compliance with federal regulations, including the TCPA.
• Monitor and improve our SMS services by tracking engagement metrics.

Your information will only be used for the purpose specified at the time of opt-in and will not be used to send unrelated messages.

3. One-to-One Consent Requirement

In line with FCC regulations (March 2024), your SMS opt-in applies to communications from Pellegrini & Associates only. Your consent to receive SMS messages is specific to our company and does not extend to third-party businesses or affiliates unless explicitly stated and separately agreed upon.

4. Message Frequency and Data Rates

You will receive no more than 1 messages per month. Please note that message and data rates may apply depending on your mobile carrier and plan. We encourage you to review your carrier’s terms for more details on messaging fees.

5. Opt-Out Instructions

You can opt out of our SMS service at any time by replying with “STOP” to any message you receive from us. Once you opt out, you will immediately cease receiving further messages unless you opt back in. For help, you can reply with “HELP” or contact us directly at info@pellegriniandassociates.com  or 602-368-4422.

6. Data Sharing and Disclosure

We will never share or sell your information to third parties for marketing purposes without your explicit consent. We may, however, share your information with trusted third-party service providers for the purpose of facilitating SMS delivery (e.g., telecommunications providers). All such parties are bound by strict confidentiality agreements and are prohibited from using your data for any purpose other than SMS delivery.

In compliance with Do Not Call (DNC) Registry regulations (2024), you have the right to register your number with the National DNC Registry. If you are on the DNC Registry, we will not send you promotional SMS messages unless you have provided express consent to do so.

7. Security of Your Information

We take reasonable measures to protect the information you provide from unauthorized access, disclosure, or misuse. However, no system is completely secure, and we cannot guarantee the absolute security of your data during transmission or storage.

8. Record-Keeping and Proof of Consent

As required by the TCPA and Campaign Registry guidelines, we maintain records of all opt-ins and opt-outs, including timestamps and the method of consent. These records are kept securely and may be used to demonstrate compliance with regulatory requirements if needed.

9. Changes to This Policy

We reserve the right to update or modify this Privacy Policy at any time. Any significant changes will be communicated via SMS or on our website. Continued use of our SMS service after any changes indicates your acceptance of the revised policy. Please check back periodically to stay informed of any updates.

10. Contact Us

If you have any questions about this Privacy Policy or wish to update your SMS preferences, you can contact us at:

• Email: info@pellegriniandassociates.com  
• Phone: 602-368-4422.
• Address: 8433 N Black Canyon Hwy Suite 178 Phoenix, AZ 85021

Links: https://www.pellegriniandassociates.com/

• Terms and Conditions: https://www.pellegriniandassociates.com/terms-of-service/
• Privacy Policy: https://www.pellegriniandassociates.com/privacy-policy/
• National Do Not Call Registry: https://www.donotcall.gov/

Key 2024 Compliance Elements:

• One-to-One Consent: Consumers are only giving consent to receive messages from the specific business they opt into, not from multiple parties
• Clear Disclosures: The policy includes clear language about the nature of the messages, frequency, potential charges, and opt-out mechanisms
• Do Not Call Protections: The policy reflects the latest FCC guidance that DNC protections apply to SMS, making it clear that businesses must adhere to DNC regulations
• Data Sharing and Record-Keeping: Emphasizes the importance of maintaining proof of consent and clear guidelines on how data is shared for operational purposes.

This updated Privacy Policy example aligns with current 2024 TCPA and FCC guidelines, ensuring your business remains compliant while fostering transparency with consumers.

SMS Terms and Conditions

Pellegrini & Associates SMS Terms and Conditions

Effective Date: 1/1/2024

1. Introduction

By opting into the SMS program provided by Pellegrini & Associates, you agree to receive recurring text messages to the phone number you provided. These messages may include promotional offers, updates, and alerts related to our products and services. By participating, you agree to these Terms and Conditions, which comply with the Telephone Consumer Protection Act (TCPA) and the FCC’s 2024 guidelines.

2. Opt-In Consent

In accordance with the 2024 TCPA guidelines, your participation in our SMS service requires explicit one-to-one consent. This means that by opting in, you consent to receive messages from Pellegrini & Associates only. Consent cannot be shared with other companies or third-party entities without your direct approval.

To join our SMS program, you may opt in through:

• Web Form: By checking a clearly labeled box during the opt-in process.
• Text-to-Join: By texting the specified keyword (e.g., “JOIN”) to [Shortcode].
• Verbal or In-Person Consent: In certain cases, if allowed, your verbal consent can be captured and documented.

By opting in, you acknowledge that your consent to receive SMS messages is not a condition of any purchase. You may receive promotional or informational messages as specified at the time of opt-in.

3. Message Frequency

The number of messages you receive will vary based on your interaction with our services, but you can expect no more than 1 messages per month. Message and data rates may apply depending on your mobile carrier and plan.

4. Opt-Out Process

You can opt out of receiving SMS messages from Pellegrini & Associates at any time by replying with the word “STOP” to any text message you receive from us. Once you opt out, you will not receive any further messages unless you choose to opt back in. For assistance, you can reply “HELP” for further instructions or contact our support team directly at info@pellegriniandassociates.com  or 602-368-4422.

5. Terms of Consent

By opting into this SMS program, you agree to receive SMS messages from Pellegrini & Associates in compliance with the TCPA and the FCC’s 2024 guidelines. All messages will be logically and topically related to your interaction with our services and products.

Your consent is specific to Pellegrini & Associates, and it does not extend to third-party businesses or affiliates unless explicitly stated at the time of opt-in, as mandated by the FCC’s one-to-one consent rule introduced in 2024.

6. Privacy Policy

We take your privacy seriously. By opting into our SMS services, you agree to our Privacy Policy https://www.pellegriniandassociates.com/privacy-policy/, which explains how we collect, use, and protect your personal information. Your phone number and interaction data will only be used for the purposes of delivering the SMS messages outlined in this agreement.

7. Message and Data Rates

Message and data rates may apply, depending on your mobile service provider and plan. Pellegrini & Associates is not responsible for any fees charged by your carrier for receiving or sending messages related to our service.

8. Record-Keeping and Compliance

We maintain detailed records of when and how you provided consent to receive SMS messages. This includes storing opt-in and opt-out dates and timestamps. These records are maintained in compliance with TCPA regulations and may be used to demonstrate proof of consent if required.

9. Changes to Terms and Conditions

Pellegrini & Associates reserves the right to modify or change these Terms and Conditions at any time. Any significant updates will be communicated via SMS or through our website. By continuing to use our SMS services after any changes, you agree to the revised Terms and Conditions.

10. Disclaimers and Liability Limitations

Pellegrini & Associates is not responsible for delayed or undelivered messages. Delivery of SMS messages is subject to effective transmission from your mobile carrier and network provider. We cannot guarantee that SMS services will always be available in all areas.

11. Contact Information

If you have any questions or concerns regarding these Terms and Conditions or the SMS service, please contact us at:

• Email: info@pellegriniandassociates.com  
• Phone: 602-368-4422.
• Address: 8433 N Black Canyon Hwy Suite 178 Phoenix, AZ 85021

Links:

• Terms and Conditions: https://www.pellegriniandassociates.com/terms-of-service/
• Privacy Policy: https://www.pellegriniandassociates.com/privacy-policy/

Key 2024 Compliance Elements:

• One-to-One Consent: Reflects the 2024 FCC regulation that requires explicit consent for messages from a single seller, preventing bundled consents for multiple parties
• Clear Disclosures: The template clearly outlines message frequency, data rates, opt-out mechanisms, and consent specifics as required by the TCPA
• Opt-Out Mechanisms: Clear opt-out instructions are provided, with immediate processing of opt-out requests, as required under current guidelines

This updated Terms and Conditions template complies with the 2024 TCPA and FCC guidelines, ensuring that your SMS marketing practices are transparent, compliant, and user-friendly.