EVOLVE MGA’S PRIVACY AND SECURITY INFORMATION
As of June 1, 2015, this policy is applicable to all new, current and past users of the Evolve Cyber Insurance Services, LLC web site.
The evolvemga.com web site is operated by Evolve Cyber Insurance Services, LLC. They will be referred to as “Evolve”.
As a part of our commitment to your privacy, Evolve supports and adheres to the guidelines and practices adopted by the Direct Marketing Association’s “Privacy Promise to American Consumers.” We have agreed to (1) provide customers with notice of their ability to opt out of information rental, sale or exchange with other marketers; (2) honor customers’ requests not to share their information with other marketers; and (3) honor customers’ requests not to receive mail, telephone or other solicitations from Evolve.
Collecting Information About You
In general, you can visit many of our web pages without telling us who you are or revealing any personal information about yourself. We may track the Internet domain address from which people visit us or user’s identity if they are a return customer or are responding to a direct promotion or contact. We analyze this data for trends and statistics, but individual users will remain anonymous, unless you voluntarily tell us who you are or opt to register with Evolve.
To apply for coverage or to obtain quotes you will be required to register with Evolve. Our registration form asks you to provide certain information about yourself, such as your name, corporate affiliation, telephone number, etc. When you apply for coverage or quotes you will be asked to provide additional information regarding you and the business for which you are seeking insurance. We also maintain a record of your online applications, quotation requests and insurance purchases. We do this, in part, to provide you with customized service that will allow you to review and manage your property and casualty insurance needs online in one place. Whether or not to provide such information is completely your own choice. But if you choose not to provide the information we request, you may be unable to use portions of the Evolve web site, obtain quotations, apply for coverage and purchase products on our web site.
Using Information About You And Your Company
We use the personally identifiable information you provide for internal purposes, such as confirming and tracking your registration, applications, orders, analyzing trends and statistics, informing you of new insurance products, services and offers, etc.
To serve you better, we may combine information that that you give us online, over the telephone, through the mail or that we obtain through outside sources. We use that combined information to expedite, enhance and personalize your experience with us, and to communicate with you products and services available through Evolve and other information that may be of interest to you.
We contract with vendors to assist us in maintaining, managing and processing our customer information, and to communicate with our customers. We do not authorize any of those vendors to make any disclosures of personally identifiable information or corporate information beyond their services to us. For example, for many of the types of coverage and quotations that are offered through Evolve, you submit your information to our vendor, Single Entry, which formats and submits your application to the carriers that we have established relationships with, per Evolve instructions. For other types of insurance, the Evolve site may connect you directly with the carrier, to whom you will be submitting your application or information.
We do not control the privacy practices of the participating insurance companies; however, all the companies use the information you provide for one general purpose: to provide you with an accurate insurance quote. Companies use your personally identifiable information and corporate information in combination with other information you provide about your insurance needs. However, rating criteria may be different for each participating insurance company and each company may place different emphasis on particular aspects of your information. Where permitted by law, your personally identifiable information and corporate information may also be used to request a credit report or your claims history from a third party, or to verify other information you have provided.
Although rare, in certain instances we may disclose your personally identifiable or corporate information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Evolve or to others. Evolve may also disclose your personally identifiable information when we believe the law requires it.
Editing, Updating, Correcting and Deleting Information About You
As a registered user of the Evolve web site, you will have access to a password protected personalized page which will provide you with a summary of the insurance products that you have purchased through the Evolve web site. We provide this service to simplify your tracking of your insurance products and needs. If you believe any of the information on your personalized page is incorrect or out of date, please contact Evolve by telephone at (415) 257-2170 or by email at [email protected].
We want to communicate with you only if you want to hear from us. If you prefer not to receive information from us please let us know by calling us at (415) 257-2170 or by sending us an email at [email protected]. Please be sure to include your email address, full name, company name and specifically what information you do not want to receive. If you would like to update or correct your email address, street address or other registration information with us please contact us the same way.
Please note that sometimes these requests may take up to 4-6 weeks to be effective, particularly if we are removing your name from postal mailings. In addition, when you request quotes or purchase insurance through us online or otherwise, we may need to contact you via phone, email or mail to address questions specific to your application or request, even if you have opted to not receive communications.
Please remember, if you delete certain information you may not be able to continue to access all areas of the website, apply for quotes or coverage or purchase insurance products without entering additional information.
Evolve, for obvious reasons, does not knowingly solicit data from children, and we do not knowingly market to children.
Cookies and Other Software
Our web site does not currently use “cookies”. But we may choose to use “cookies ” or other software, without notice, in the future to facilitate our efforts to personalize and enhance your experience. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Generally, cookies or other software are used to remind us of who you are, tailor our products and services to suit your needs, estimate our audience size, assist us in tracking visits, applications and sales, to process applications and orders, to track responses to our communications, and/or analyze visiting patterns. You may be able to set your browser to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. You should contact the provider of your browser for further information.
The security of the information you submit through Evolve is a priority to us and to you. Evolve utilizes advanced security technology to process and safeguard your information. Every page in the Evolve.com application and registration process that requests sensitive information uses Secure Sockets Layer (SSL) encryption. You can check that the SSL security feature is in operation in two ways. When SSL is in use you will see an unbroken key or a closed lock at the bottom of your browser. Also, when SSL is in use the URL will begin with “https” instead of “http”.
Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our web site, and you do so at your own risk. Once we receive your transmission, we will do our best to protect its security on our systems.
We urge you to keep your password in a safe place and not to divulge it to anyone, since you will be responsible for any purchases made using your password. Also remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else.
Links to Third Party Sites
Evolve Cyber Insurance Services, LLC
1752 Lincoln Ave
San Rafael, CA 94901
Evolve and Evolve MGA are trademarks and/or servicemarks of Evolve Cyber Insurance Services, LLC. The product and service names of others referenced on the Site may be trademarks and service marks of their respective companies. Evolve’s trademarks may not be used publicly except with express written permission from Evolve, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Evolve.
All content included on this Site, such as text, graphics, logos, button icons, images, downloadable materials, data compilations, and software, including all object and source code (collectively, “Materials”), is the property of Evolve Cyber Insurance Services, LLC or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Evolve Cyber Insurance Services, LLC and protected by United States and international copyright laws as copyright 2105 – 2016, Evolve Cyber Insurance Services, LLC. All rights reserved.
This website is not intended as a solicitation for insurance in any state where Evolve or its employees are not licensed. Currently Evolve and/or its employees are licensed in California, Texas, Connecticut, Kansas, Washington, New Hampshire, Nevada, Maine, District of Columbia, North Carolina, Illinois, Arizona, Iowa, New Jersey, Minnesota, Oregon, Georgia, Colorado and Florida. If the entity you are seeking insurance coverage for is not incorporated in or does not have its headquarters located in one of the above listed states, please provide us with e-mail contact information by clicking here and we will let you know when we are licensed in your state.
All materials on this Site are presented solely for the purpose of obtaining and providing insurance information, insurance quotes and purchasing insurance for business entities in the above named states within the United States.
Use of Site and License
Your use of the Site is at the sole discretion of Evolve, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site, registration, or ordering of products via the Site does not entitle you to continue to use the Site. In order for us to provide an insurance quote and any other services through this site, you must provide true, accurate and current information about yourself as prompted by the Site’s registration form. Evolve is not responsible for transactions resulting from information you provide that is untrue, inaccurate, not current or incomplete or fraudulent. Your use of the Site must always comply with applicable law.
Evolve grants you a limited license to access and make use of the Site and not to download (other than page caching or downloading an archival copy of your own policy information) or modify it, or any portion of it, except with express written consent of Evolve. This license does not include any resale or commercial use of this Site, or its contents, any derivative use of this Site, or its contents, or any use of data mining, robots, or similar data gathering and extraction tools. Neither the Site nor any portion of the Site may be reproduced, sold, visited or otherwise exploited for any commercial purpose without the express written consent of Evolve. You may not without the prior written approval of Evolve: (a) frame or utilize framing techniques in connection with the Site or its contents; (b) use any meta tags or any other “hidden text” using Evolve’s name or marks; (c) link to any page other than the homepage (i.e., no deep-linking); (d) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (e) remove any copyright or other proprietary notices from the Site or Materials; (f) transfer the Materials to another person; (g) decompile, reverse engineer, or disassemble any software Materials; or (h) circumvent any encryption or other security tools used anywhere on the Site. Any unauthorized use of the Site or its contents terminates the permission or license granted to you by Evolve to use and access the Site. In addition, violators may be prosecuted to the full extent of the law.
Site Not An Insurer
The information contained in this Site presents only a general description of the insurance coverage you may choose to purchase. The coverage provided to you is governed by the terms and conditions of the insurance policy as issued by the insurer, not Evolve. In situations where the information on this site differs from that provided in the insurance policy, the insurance policy shall control. Evolve does not recommend, endorse or otherwise advise you in relation to the merits of any particular insurance company or policy. NEITHER EVOLVE, EVOLVEMGA.COM NOR ANY OF THE OWNERS OR OPERATORS OF THIS SITE ARE INSURANCE CARRIERS AND IN NO WAY SHALL THE INFORMATION PROVIDED ON THIS SITE CREATE ANY RELATIONSHIP BETWEEN YOU AND EVOLVE OR THE OWNERS AND OPERATORS OF THIS SITE OTHER THAN THAT OF AN AGENT IN THE EVENT YOU PURCHASE INSURANCE COVERAGE THROUGH THIS SITE.
Links to Other Sites
The Site may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Evolve of the contents on such websites. Evolve is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of the materials on such sites. If you decide to access linked third party websites, you do so at your own risk.
Registration and Passwords
- Provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form; and
- Maintain and promptly update the registration information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Evolve has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Evolve has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
When you register, you will be asked to select a password. You will also be given an opportunity to provide a password hint. If you forget your password, Evolve will provide you with the hint. However, to keep your information secure, Evolve cannot provide you with your password. Your password is your responsibility and must be protected. Treat your password to the Site as you would treat cash or your ATM password. You are responsible for all orders placed using your password. By accepting this Agreement, you agree to each of the following:
- Not to give out your password to any other person. Evolve may rely on your password to identify you when providing services to you; and
- To notify Evolve immediately if you suspect that your password has become known to any unauthorized person.
Please be aware that the policy regarding the unauthorized use of your password is very different from the policy your bank or credit card issuer may have regarding unauthorized use of your credit card or ATM card. Unlike the bank, Evolve is not required to, and will not, insure you against the unauthorized use of your password. You are responsible for every order placed via the Site using your password, regardless of the size or cost of the order.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS EVOLVE FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF EVOLVE, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, THE USE OF YOUR PASSWORD TO ACCESS OR USE THE SITE, AND ANY SITES LINKED TO THIS SITE.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(11) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EVOLVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(12) EVOLVE MAKES NO WARRANTY THAT:
- YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
(13) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(14) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVOLVE OR THROUGH THIS SITE SHALL CREATE ANY WARRANT NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVOLVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EVOLVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(15) THE USE OR THE INABILITY TO USE THE SITE;
(16) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(17) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
(18) ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, EVOLVE LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE TOTAL SUM OF ALL NET COMMISSIONS RECEIVED BY EVOLVE IN CONJUNCTION WITH THE PRODUCT PURCHASED THROUGH THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $1,000. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST EVOLVE ARISING OUT OF THE USE OF THE SITE.
EVOLVE SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Evolve may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site and shall replace any prior terms which are inconsistent. When this Agreement is modified, a notification will be posted on the home page of this site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments. Unless accepted by Evolve in writing, these Terms and Conditions may not be amended by you.
You agree and acknowledge that Materials on this Site may be subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for proscribed activities.
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
Governing Law and Venue
This contract is fully performable in Marin County, California. This Site and all Materials contained herein have been created and/or are controlled by Evolve from its offices in San Rafael, California. As such, the validity and enforcement of these Terms and Conditions shall be governed by the laws of California without reference to its choice of laws principles. In the event of any dispute between you and Evolve in connection with this Site, any of the Materials contained herein, or any relationship between you and Evolve, you agree to submit to the exclusive jurisdiction of the state and federal courts for Marin County, California and agree to waive any defenses based on lack of personal jurisdiction. No waiver of Evolve shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions. These Terms and Conditions constitute the entire understanding of the parties, and revoke and supersede all prior agreements between the parties and are intended as a final expression of the terms and conditions upon which you may access and use the Site. These Terms and Conditions shall take precedence over any other documents that may conflict with them regarding your access and use of the Site. Evolve makes no representation that this Site or any of the Materials contained herein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access this Site from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.
If you have a comment, question or request, or if you need to contact Evolve for any other reason, there are three easy ways to do so.
(a) E-mail: You can e-mail Evolve at [email protected]
(b) Telephone Number: You may call Evolve at 1-415-257-2170. If you call after normal business hours, please leave a message and your telephone number. An insurance advisor will get back to you as quickly as possible. Normal business hours are Monday through Friday, 8 a.m. to 5 p.m. Pacific Time.
(c) U.S. Mail: Send mail to Evolve at:
Evolve Cyber Insurance Services, LLC
1752 Lincoln Ave
San Rafael, CA 94901