Privacy Policy
DISCLAIMER
The content and materials in this site are provided “as is” and without representations or warranties of any kind, either express or implied. To the fullest extent permitted by law, Buckle Agency, LLC, its affiliated companies or agents expressly disclaims all warranties, express or implied, with respect to this site including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Buckle Agency, LLC, does not warrant or represent that the functions or operation of this site will be uninterrupted or error-free, that defects will be corrected, or that this site, its servers or any e-mail sent from Buckle Agency, LLC, its affiliated companies or agents are free of viruses or other harmful components. In no event will Buckle Agency, LLC, its affiliated companies or agents be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Your use of this site is expressly conditioned on your acceptance of our Terms of Use Agreement, Privacy Policy and Information Consent And Agreement To Conduct Electronic Transactions. If you do not agree to be bound by the terms of these three Agreements, you are not authorized to use this Website and must not use this Website. Insurance coverage cannot be bound or altered without written confirmation from a licensed agent or your insurance carrier via e-mail or U.S. Postal Service first class mail. The security, delivery, and timeliness of delivery of electronic mail sent over the Internet is not guaranteed. Most electronic mail is not encrypted or secured. Do not send us confidential information like social security numbers, account numbers, or driver’s license numbers by electronic mail. We assume no liability for information you send over the internet. Every effort is made to keep this website up and running smoothly.
However, Buckle Agency, LLC, takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. Except where otherwise indicated, all materials contained in this Website are the copyrighted property and tradenames and trademarks of Buckle Agency, LLC, and its affiliated companies. The logos and service marks, and the names of various products and services described within are service marks of Buckle Agency, LLC or its affiliates.
POLICY POLICY
Buckle Agency, LLC (“we”, “us” or “our”) is committed to protecting the privacy of your information. As an insurance broker, we are regulated by Federal and State laws protecting the confidentiality and security of your information, as well as our use and disclosure of it. Whether you are a current, former, or potential customer, we treat your information with the same high level of confidentiality and security. We provide the website together with other websites and mobile applications owned, operated, or controlled by us (the “Website”), together with the insurance brokerage and related services we provide (such services together with the Website are collectively referred to herein as the “Company Services”) subject to the following conditions (this “Policy”) and our Terms of Use. As used in this Policy, “you” and “your” refer to the named insured(s) identified in any Application or renewal offer for insurance, and any spouse, registered domestic partner or civil union partner of the named insured who resides in the same household. BY EITHER CLICKING THROUGH AN ACKNOWLEDGMENT, ACCESSING THE WEBSITE, OR USING, REQUESTING, INTERACTING WITH OR ACCESSING ANY COMPANY SERVICES IN ANY MANNER WHATSOEVER INCLUDING, WITHOUT LIMITATION, SUBMITTING AN APPLICATION FOR AN INSURANCE QUOTE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS POLICY AND ARE PROVIDING YOUR AFFIRMATIVE EXPRESS CONSENT TO THE COLLECTION, USE AND SHARING OF YOUR INFORMATION IN ACCORDANCE WITH THE PRACTICES DESCRIBED IN THIS POLICY. IF YOU DO NOT AGREE TO ALL OF THE PRACTICES SET FORTH HEREIN, YOU MUST DISCONTINUE ALL USE OF THE COMPANY SERVICES.
HOW WE COLLECT INFORMATION
We gather information about you that may be used in connection with Company Services including, without limitation, in connection with your application for a quote, to process and service your insurance policy, settle your claims and offer you additional products and services that we think may be of interest to you, for research and analytics purposes, and as permitted or directed by you. If you apply for a quote or complete an Application, we may gather, use and share information pertaining to you, other persons who reside in your household and all listed drivers in the same manner. We may also process your personal data to keep track of your purchase history to provide you with better service and comply with applicable law.
In all cases, we will collect personal data about you in accordance with the principles outlined in this Policy and applicable local law. You should be aware that our “lawful basis” for processing personal data about you may be impacted by the legal requirements in the country in which you reside. As such, outside of the European Economic Area (EEA), we may at times rely on consent to process personal data about you, whereas within the EEA we will seldom rely on consent as the lawful basis for processing personal data about you, except as otherwise indicated in this Policy.
We collect information as follows:
Information you provide to us on the Internet, by phone, via a mobile application and by email, information obtained by our service providers, or by any other means. Examples of such information may include your name, address, residence information, telephone number, email address, vehicle information, driver’s license number, driving history, claims history, current or former insurance information, social security number, medical information, gender, educational background, date of birth, marital status and web pages visited.
Information from affiliated and nonaffiliated third parties, including but not necessarily limited to insurance support organizations and, consumer reporting agencies. It may include information such as vehicle reports, consumer credit information, demographic information, insurance histories, and insurance claims reports. Information obtained from insurance support organizations may be retained by such organizations and disclosed to other persons as permitted by law.
Information about your transactions with us and others. This includes information such as your policy coverage levels, account balances, claims history, and billing information.
Information from public records or publicly available sources including content made public at social media websites. For example, this may include geographic, demographic, business information, published articles, press releases, public photos and posts on social media sites and other information.
Information from third party services through which you create or access Company Services, such as payment providers, social media services (including Facebook Login, Google Sign-In. and similar services,), on-demand music services, or applications or websites that use Company Services or whose API is used by Company Services. This includes any content that you have provided to and stored in online accounts you may have with third party service providers that link to your account with us.
Depending on the Company Services that you use, and your mobile application settings or device permissions, we may collect your precise or approximate geolocation and route information as determined through data such as GPS, IP address and WiFi. In addition, location information may be collected from other devices that are present with you, even if you have not enabled your mobile application to collect your location information.
Depending on the Company Services that you use, and your mobile application settings or device permissions, we may collect names and contact information from your address book, to facilitate social interactions through our services and for other purposes, and collect calendar information such as event title and description, your response (Yes, No, Maybe), date and time, location, and number of attendees.
Depending on available features, information from any Event Data Recorder, mileage verification device, or any similar device capable of providing information we deem relevant to the rating of your policy or settlement of a claim.
COOKIES AND OTHER TRACKING DEVICES
Every time you come to the Website, the Website’s web server automatically collects, and we may use, your cookies, web beacons, and other similar tracking technologies (collectively “Tracking Technologies”) to collect “non-personal” information as you browse the Website. For example, any or all of the following information may be accessed, collected, analyzed and stored during or after your visits to the Website: the name of the domain from which you access the Internet; the date and time you access the Website; the pages that you visit on the Website and the sequence in which you visit them; the amount of time that you spend on any given page of the Website; the Internet address of a website that you visited immediately before visiting the Website; the Internet address of a website from which you linked directly to the Website, if any; the Internet address of a website that you visit immediately after leaving the Website; the type of operating system on your computer; and the type of browser that you are using to view a website.
Most of the cookies we use are “session cookies” which are automatically deleted as soon as you leave the site. Other cookies remain on your computer until you delete them. Such cookies allow us to recognize your browser the next time you visit, and the browser settings let previously viewed pages load faster, for example. We use cookies to offer you the best possible experience on our website. We also use cookies to help us secure our services, as well as detect fraud and abuse. We therefore save them and analyze their data – although they do not identify you personally. This improves the usefulness of our website. We perform anonymous statistical analyses of our internet presence, and do not identify you personally.
Some of these Tracking Technologies may be placed by third party service providers, such as Google, to help determine the effectiveness of our advertising campaigns or email communications. These Tracking Technologies may be used by these service providers to place a persistent Cookie on your computer. Doing this allows the service provider to recognize your computer each time you visit certain pages or open emails and compile anonymous information in relation to those page views. The use of Tracking Technologies by third party service providers is within their control and not ours. We do not control their websites or their policies and practices regarding your information and you should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements or promotions and other sites you encounter on the Internet. This Policy does not cover any use of information that a third-party service provider may directly collect from you and we do not undertake to confirm, investigate, or police their practices.
Using these Tracking Technologies is a standard practice on the Internet. Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our services do not currently respond to browser DNT signals. For more information on DNT, see https://allaboutdnt.com/. If you do not want a cookie placed on your computer as a result of using the website, you may disable cookies altogether by setting your browser or third-party software to reject cookies. If you reject the cookie, you may be unable to use portions of the Website that require registration, some pages of the Website might not function properly, and the Website experience will not be capable of being tailored to you from visit to visit. Please consult your web browser’s documentation for more information about how to turn cookies on and off for your browser. Cookies are placed on your computer, and accordingly we neither store cookies on our computers nor forward them to any external parties.
BY VISITING THE WEBSITE, YOU ACKNOWLEDGE, UNDERSTAND AND HEREBY AGREE THAT YOU ARE GIVING US YOUR CONSENT TO TRACK YOUR ACTIVITIES THROUGH USE OF THESE TRACKING TECHNOLOGIES.
SERVER LOG DATA
The information that your browser automatically sends us is collected automatically and saved in server log files. This includes:
• browser type and version;
• operating system used;
• referrer URL (the URL that the user comes from);
• host name (network name) of the accessing computer;
• Internet Protocol (IP) address; and
• time of server request.
We reserve the right to review this information subsequently and report it to authorities (such as the police or public prosecutor’s office), if there are concrete indications that our internet presence is being used illegally (for example, a hacking attack on our network).
We treat information collected by cookies and other technologies as nonpersonal information. However, to the extent that IP addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy. This data is not used to identify individual people. We do not merge this data with other data sources.
USE AND SHARING OF INFORMATION
We use the information you provide in a variety of ways, including providing Company Services, processing insurance applications, conducting promotions, responding to customer inquiries, helping us understand how you use our Company Services and internal business purposes. We may combine and analyze the information collected with other information in our possession. This includes using Tracking Technologies, web server log files and tracking code, and information we receive through the use of these Tracking Technologies to analyze trends, administer this Website, track users’ movement, and gather broad demographic information for aggregate use. Information of this type may be combined with other sources of information. This allows us to recognize your needs and continue to make the improvements that are important to you and our customers. We do not sell your information to any third-parties. Information about our current, former, or potential customers is disclosed only as permitted or required by law. For example, we may disclose such information to affiliated and nonaffiliated insurance companies, insurance agents, reinsurance companies, insurance support organizations, such as consumer reporting agencies, government entities, and claims administrators. We may also disclose such information to nonaffiliated third parties that perform services or functions on our behalf including the marketing of our Company Services. Further, we may also disclose such information as necessary to effect, administer or enforce a transaction that you request or authorize, or in connection with servicing or processing a transaction that you request or authorize.
The following are examples of situations in which we may disclose such information:
Your information may be passed between us and our agents, appraisers, attorneys, investigators, and others who may be involved in the sales and marketing of Company Services, processing of applications, and servicing of policies or claims.
We provide your policy information to adjusters and other appropriate business entities that make any necessary repairs to your vehicle or property insured by us when you have a claim.
We may provide your information to others whom we determine need such information to perform insurance or other professional functions for us. These may include parties helping us with administrative services and consumer reporting agencies.
We may supply information as required by search warrant, subpoena, or legal process, to state insurance departments, or other law enforcement or government authorities when required by law, or to protect our own legal interests in the event of suspected illegal or fraudulent activities.
If we collect your information as an agent for one of our business partners, we may use it to contact you or make you an offer regarding insurance products that may be of interest to you.
In certain circumstances, we share or are obliged to share your personal data with third parties for the purposes described above and in accordance with applicable data protection legislation. These third parties include regulatory authorities, our auditors and legal advisors, relevant industry self-regulatory bodies, and others, where it is permitted by law, or where we have your consent.
If you would like information about opting out of other discretionary sharing of your personal information with third parties, please contact us (see “QUESTIONS” section below).
Your information may be transferred to another country for processing. Consistent with this Policy, we will seek consent for the transfer or rely on another lawful basis if that is required under applicable law with respect to that transfer. Those other bases may include: where the relevant regulator has determined that the country to which the data will be transferred provides an adequate level or legal protection for personal data, where an approved legal mechanism is in place to affect such transfers, or where you have provided your consent. For any transfers of personal data from the EEA to the U.S., we take additional steps in line with applicable data protection legislation. We have put in place adequate safeguards with respect to the protection of your privacy, fundamental rights and freedoms, and the exercise of your rights; e.g., when we transfer data from the EEA to the U.S. we use European Commission approved standard contract clauses to provide appropriate protections. If you would like to see a copy of any relevant provisions, please contact us (see “QUESTIONS” section below).
HOW WE PROTECT AND STORE YOUR INFORMATION
We are strongly committed to protecting the confidentiality and security of your information against unauthorized access and disclosure. We only disclose your information as permitted or required by law. We maintain reasonable and appropriate physical, electronic, and procedural safeguards to protect your information. No security system is impenetrable. We cannot guarantee the security of our Company Services or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. We ask that you do your part by maintaining any usernames and passwords you use to access the Internet or the Company Services strictly confidential.
We store personal data about you on computer systems operated by or under the supervision of us or our affiliates or service providers and/or at our facilities. Our primary data center is located in the United States. We will maintain personal data about you for as long as necessary in connection with both our and your legal rights and obligations for the purposes for which it was collected, to defend or advance legal claims, or as otherwise required by applicable laws. We will delete personal data about you within one year of the expiration of a required retention period, as described above, at your request (where such request conforms to the relevant legal requirements and is not otherwise limited), and in any case, upon expiration of the maximum storage term set forth by applicable law.
YOUR RIGHTS
Depending upon where you live, or depending on your jurisdiction, you may have certain rights, briefly summarized below, under applicable data protection legislation in that country or state. Please note, you may not have access to all of these rights, and only those relevant in your jurisdiction may apply.
Where our processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. If you do decide to withdraw your consent we will stop processing your personal data for that purpose, unless there is another lawful basis we need to rely on – in which case, we will let you know. Your withdrawal of your consent won’t impact any of our processing up to that point.
Your rights may include (as relevant):
Right of access
Subject to certain conditions, you are entitled to have access to your personal data which we hold (this is more commonly known as submitting a “data subject access request”).
We must be able to verify your identity. Your request may not affect the rights and freedoms of others, e.g., privacy and confidentiality rights of other customers. Data solely retained for data backup purposes is principally excluded.
Right of data portability
Subject to certain conditions, you may be entitled to receive the data that you have provided to us and that is processed by us by automated means, in a commonly-used machine readable format.
Data protection legislation does not necessarily establish a general right to data portability.
In the EEA, we must first be able to verify your identity. This right only applies if the processing is based on your consent or on our contract with you and when the processing is carried out by automated means (e.g. not for paper records). It affects only personal data that was “provided” by you. Hence, it does not, as a rule, apply to personal data that was created by us or obtained from other sources.
In California, we must first be able to verify your identity, and we may choose to provide the information by mail, in which case it may not be in an easily portable format. We are not required to respond to more than two requests from you for this information in any 12-month period. This right only applies to data we have collected about you; it does not, as a rule, apply to personal data that was created by us.
Rights in relation to inaccurate personal or incomplete data
You may challenge the accuracy or completeness of personal data which we process about you. If it is found that personal data is inaccurate, you are entitled to have the inaccurate data removed, corrected, or completed, as appropriate.
This right only applies to personal data about you. When exercising this right, please be as specific as possible.
Right to object to or restrict our data processing
Subject to certain conditions, you have the right to object to or ask us to restrict the processing of personal data about you.
In the EEA, this right applies only if the processing of personal data about you is explicitly based on our so-called “legitimate interests” (see “basis of processing” above). Objections must be based on grounds relating to your particular situation. They must not be generic so that we can demonstrate that there are still lawful grounds for us to process your personal data.
Right to have personal data erased
Subject to certain conditions, you are entitled, on certain grounds, to have your personal data erased (also known as the “right to be forgotten”); e.g., where you think that the information we are processing is inaccurate, or the processing is unlawful.
There are various lawful reasons why we may not be in a position to erase personal data about you. This may apply (i) where we have to comply with a legal obligation, (ii) in case of exercising or defending legal claims, or (iii) where retention periods apply by law or our statutes.
Right to withdrawal
You have the right to withdraw your consent to any processing for which you have previously given that consent.
If you withdraw your consent, this will only take effect for the future.
In addition, California law entitles California residents who have used our services for personal, household, or family purposes, to request information concerning whether we have disclosed certain information about you within the past year to any third parties for the third parties’ direct marketing purposes. California users who wish to request further information in compliance with this law or have questions or concerns about our privacy practices and policies may contact us as specified in the "Questions” section below.
As noted above, we do not sell your personal information to third parties for their direct marketing purposes.
CHANGES TO THIS POLICY
We update this Policy when necessary in response to changes in our data collection or processing practices or policies, changes to our products or services, or other changes to our business practices. If we make changes, we will post the revised policy here, and will change the “Last updated” date at the top of this Policy, so that you can see what information we gather, how we might use that information, and in what circumstances we may disclose it. If there are material changes to this Policy, we will notify you either by prominently posting a notice of such changes before they take effect, or by directly sending you a notification.
ELECTRONIC TRANSACTIONS ACKNOWLEDGMENT
Every time you access our Website, you consent to engaging in electronic transactions with us, including receiving information and documents, sending information and documents, and signing documents electronically. Your ongoing consent is a condition of doing business with us. You acknowledge and agree that electronic transactions that are authorized by you will include the electronic transmission of confidential information, information regarding your personal financial matters and other personally identifiable information.
REVIEWING AND MODIFYING YOUR INFORMATION
You may also request access to, correction of, or a copy of your information by contacting us in writing at the address below.
THIRD-PARTY LINKS
The Company Services may contain or link you to other websites that we do not own, operate or control. All such websites are governed by their own terms and conditions and privacy policy and not this Policy. We cannot control and are not responsible for the privacy practices or content of such other websites.
CHILDREN The Company Services are not directed toward children under the age of 13 and we do not knowingly collect any personal information from any child under the age of 13. If a child provided this Website with personal information, we ask that a parent or guardian send us a written request to the address listed below and we will promptly delete the child’s information from our records.
QUESTIONS
If you have any questions regarding this Policy, please contact us at:
Buckle Agency, LLCP.O. Box 94571
Atlanta, Georgia 30377
Email:
Toll-free: 1 866-514-2734 // 1-866-UBUCKLE
Website:
For purposes of this Policy, Buckle Agency, LLC is the controller of personal data we collect as described above. You may also raise a concern or lodge a complaint with a data protection authority or other official with jurisdiction. This usually means the data protection authority in the country where you are habitually resident, where you work, or where the alleged infringement took place.
INFORMATION CONSENT AND AGREEMENT TO CONDUCT ELECTRONIC TRANSACTIONS
These terms and conditions of this information consent and agreement to conduct electronic transactions create a contract (the “Information Consent” and as more particularly described below) between Buckle Agency, LLC (“we”, “us” or “our”) and you governing our insurance brokering and related services we provide (“Company Services”). “You” and “your” refer to the named insured(s) identified in the application for insurance (“Application”), and any spouse or registered domestic partner of the named insured who resides in the same household. Please read this Information Consent carefully. We provide Company Services to you subject to this Information Consent. BY EITHER CLICKING THROUGH AN ACKNOWLEDGMENT, OR USING, REQUESTING, INTERACTING WITH OR ACCESSING ANY COMPANY SERVICES IN ANY MANNER WHATSOEVER INCLUDING, WITHOUT LIMITATION, SUBMITTING AN APPLICATION FOR AN INSURANCE QUOTE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS INFORMATION CONSENT INCLUDING, WITHOUT LIMITATION, YOU AGREE TO THE FOLLOWING STATEMENT: I AGREE TO RECEIVE ALL MAILINGS AND COMMUNICATIONS ELECTRONICALLY. SUCH ELECTRONIC MAILING OR COMMUNICATIONS MAY INCLUDE CANCELLATION AND NONRENEWAL NOTICES. THIS INFORMATION CONSENT HAS IMPORTANT LEGAL CONSEQUENCES FOR YOU. IN THIS INFORMATION CONSENT, AMONG OTHER THINGS, YOU ARE GIVING US YOUR AFFIRMATIVE EXPRESS CONSENT TO US AND AFFILIATED COMPANIES ACTING ON OUR BEHALF TO COLLECT, USE AND SHARE YOUR PERSONAL INFORMATION ON AN ONGOING AND CONTINUAL BASIS. YOU ACKNOWLEDGE AND AGREE YOU ARE GIVING UP CERTAIN PRIVACY RIGHTS INCLUDING AS TO SENSITIVE DATA SUCH AS YOUR PRECISE GEOLOCATION INFORMATION. THIS INFORMATION CONSENT IS GIVEN FOR THE DURATION OF YOUR RELATIONSHIP WITH US. IF YOU DO NOT AGREE TO THIS INFORMATION CONSENT, YOU MUST DISCONTINUE ALL USE OF COMPANY SERVICES. INCORPORATION OF RELATED TERMS This Information Consent incorporates by this reference all of our terms, conditions and policies including, without limitation, the [Hyperlink: Terms of Use Agreement] and [Hyperlink: Privacy Policy], all of which may be modified from time to time and collectively govern your use of, and access to, Company Services and any and all content, data, information and materials related thereto. The term “Information Consent” refers to the terms of this Information Consent together with the Terms of Use Agreement, Privacy Policy and any other applicable terms. Should any provisions of the Terms conflict, the terms of this Information Consent will control. INFORMATION COLLECTION AND DISCLOSURE Like most insurance brokerages, we use information from you and other sources, such as your driving, claims and credit histories, so that insurance companies may calculate the correct price for your insurance. New and updated information may be obtained by us, our agents and our affiliated companies at the time of Application and at any time while your policy is in effected, and this information will be used for providing Company Services including policy maintenance and any update, renewal, extension, cancellation, reinstatement or non-renewal of your insurance coverage. Such information, as well as other personal and nonpublic information collected by us or our agents, may, as permitted by law, be disclosed to third-parties. Our Privacy Policy explains how we collect, use and disclose your personal information. YOU AGREE THAT YOU ARE PROVIDING YOUR AFFIRMATIVE EXPRESS CONSENT AND AUTHORIZATION FOR US, OUR AGENTS AND OUR AFFILIATED COMPANIES TO COLLECT, USE AND SHARE YOUR PERSONAL INFORMATION ON AN ONGOING AND CONTINUAL BASIS IN THE MANNER AND FOR THE PURPOSES SET OUT IN THIS INFORMATION CONSENT. YOU ACKNOWLEDGE THE IMPORTANCE OF COLLECTING, USING AND SHARING YOUR PERSONAL INFORMATION ON AN ONGOING AND CONTINUOUS BASIS FOR THE COMPANY SERVICES TO BE PROVIDED. YOU ALSO AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT YOU MAY HAVE TO TAKE ACTION AGAINST US, OUR AGENTS OR OUR AFFILIATED COMPANIES WITH WHOM WE DO BUSINESS FROM TAKING THE ACTIONS AUTHORIZED BY THIS INFORMATION CONSENT, EVEN IF YOU SUFFER LOSS OR DAMAGE. AGREEMENT TO ARBITRATE AND WAIVER OF CLASS AND COLLECTIVE ACTIONS PURSUANT TO THE TERMS OF USE, YOU AGREE TO RESOLVE ANY AND ALL DISPUTES WITH US BY BINDING ARBITRATION, AND WAIVE ANY RIGHT TO RESOLVE DISPUTES IN A COURT OF LAW. YOU ACKNOWLEDGE THAT THE CLASS ACTION WAIVER IN THE TERMS OF USE PRECLUDES YOU FROM ARBITRATING ANY CLAIMS AGAINST US AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. FURTHER, YOU WAIVE ANY RIGHT YOU MAY HAVE TO INITIATE OR PARTICIPATE IN ANY COLLECTIVE ACTION EITHER IN A COURT OF LAW OR IN ARBITRATION.
AGREEMENT TO CONDUCT ELECTRONIC TRANSACTIONS
We primarily conduct business electronically and, with your consent, we can provide certain Documents to you and have you sign certain Documents electronically. To do so, we are required by law to first provide disclosures, which are set forth below. Please read the following carefully before giving your consent.
DISCLOSURES AND CONSENT
You agree that we may provide you with Documents in electronic format, and that we may discontinue sending paper Documents to you, unless and until you withdraw your consent as described below or, at our option, upon notification by us to you. This includes electronically receiving and, in some cases, signing and returning Documents to us. We will not send you a paper copy of electronic Documents unless you request it, we otherwise deem it appropriate to do so, or in some instances where we are required by law to send paper copies of Documents. You further acknowledge that we may authorize an agent to deliver certain Documents to you on our behalf, and perform other services to help facilitate the delivery of Documents to you. Your consent does not automatically expire and is not limited as to duration. The term “Document(s)” means all the information that we provide to you as required by law, to administer your contract of insurance or conduct other transactions and includes, without limitation, this Information Consent, your online enrollment or application, forms, disclosures, endorsements, declarations pages, policies, quotes, notices of cancellation, conditional renewal or nonrenewal, communications, documents relating to claims, certificates, terms and conditions, responses to claims, transaction history, privacy policies, terms of use, periodic billing statements, amendments, services, notices disclosures about changes in the terms of your policy and any other documents or communications permitted or required by law. Your consent includes that you acknowledge and agree that Documents transmitted electronically will contain confidential information, information regarding your personal financial matters and other personally identifiable information. Documents in electronic format will have the same meaning and effect as Documents in paper format. All Documents in either electronic or paper format from us to you will be considered “in writing.” Documents will not be available online indefinitely. You should print or download for your records a copy of any Documents that are important to you or which we instruct you to download and retain. Documents are considered received by you, whether or not you choose to view the Documents, when we send the Documents to the e-mail address you provide, whether as text in, attachments to, and/or hyperlinks. If the Documents are in an attachment or accessible via a hyperlink, you must open the attachment or click on the hyperlink in order to access the Documents. To the extent permitted by applicable law, delays in receiving Documents electronically will not change any time period including, without limitation, payment due dates or the potential imposition of late fees.
ELECTRONIC SIGNATURES
By choosing to transact business with us electronically, you agree to use electronic signatures, which shall be legally binding and have the same force and effect as your handwritten signature. Electronic signatures may take various forms, including checking a box. You acknowledge and agree that your consent to electronic transactions is being provided in connection with a transaction affecting interstate commerce that is subject to the federal (and State enacted laws similar to) Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the aforesaid laws apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
COMMUNICATING WITH USA.
You may withdraw your consent to receive Documents that we provide to you in electronic form. At our option, we may treat your provision of an invalid e-mail address, or the subsequent malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive electronic Documents. If you withdraw your consent to electronic transactions, you may be restricted from using Company Services and/or you may not be eligible for any discount we offer now or in the future for conducting business electronically. Any withdrawal of your consent to receive electronic Documents will be effective only after we have a reasonable period of time to process your withdrawal. Termination of your consent to conduct business electronically shall not affect legal enforceability of any Documents provided to you.
B. You should not expect to receive a paper copies of any Documents, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of electronic Documents by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Documents to you. Depending on applicable law and our policies at the time, we may charge you a reasonable service fee for a paper copy, of which we will provide you prior notice, for the delivery of paper copies of any Documents provided to you electronically pursuant to this authorization.
C. You are electing to allow for notices and communications to be sent to the e-mail address you provide and this election is your consent that all notices may be sent electronically, including notice of nonrenewal and notice of cancellation. It is your responsibility to provide us with a true, accurate and complete e-mail address, contact, and other information you provide to us, and to maintain and update promptly any changes in this information including, without limitation, you should be diligent in updating the e-mail address in the event of a change. You can contact us for each of the above purposes by emailing us at , or writing to us at Buckle Agency, LLC, 7094 Peachtree Industrial Boulevard NW, Suite 243, Norcross, Georgia 3007. Please do not send confidential information to us via unsecured or unencrypted e-mail, as we cannot guarantee that the transmission will be secure.
TECHNICAL REQUIREMENTS
In order to access Documents electronically, you must have: (i) a computer or other device capable of connecting to the Internet; (ii) an Internet Service Provider; (iii) a browser capable of viewing our website; (iv) an email service account that allows you to read, write, and send email; (v) the ability to use hyperlinks to access other websites; and (vi) the ability to download, display, print, and retain Documents in Adobe Portable Display Format. Some states may require Documents to be displayed in a particular font size. For this reason, we recommend that the view size setting for the Documents is set to 100% and your browser resolution is at least 800 x 600. You are responsible for ensuring that neither your software, Internet service provider nor settings inhibits or interferes with your receiving Documents. If you do not meet these requirements, you cannot receive Documents electronically and you may be restricted from using Company Services and/or receiving discounts as described herein.
EMAIL DESIGNATION
You will need to designate one of the existing email addresses associated with joint or multiple policy owners as the e-mail address of record for notices. The e-mail address of record will be the only e-mail address that electronic notification will be sent to when Documents are available for viewing. The e-mail address of record must be the e-mail address of a policy owner or an insured who has authority to make transactions and act on behalf of the policy owner. Only one policy owner’s authorization is required to consent to receive Documents electronically. By agreeing to the terms and conditions of this Information Consent, you are agreeing you have the authority to receive Documents electronically on behalf of all insureds under your policy.
ACKNOWLEDGEMENTS
You acknowledge and agree that: (i) You have read, understand and agree to be bound by the terms and conditions described above and YOU AGREE TO RECEIVE ALL MAILINGS AND COMMUNICATIONS ELECTRONICALLY. SUCH ELECTRONIC MAILING OR COMMUNICATIONS MAY EVEN INCLUDE CANCELLATION OR NONRENEWAL NOTICES; (ii) You confirm that you have the ability to receive the Documents pursuant to the technical requirements described above; (iii) You confirm your consent to electronic transactions with us includes that you consent to our providing you with this Information Consent electronically; (iv) Your electronic signature, serves as and replaces the need for your physical signature on this Information Consent and all future transactions in connection with Documents, to the fullest extent allowed by law; and (v) Neither we nor any party involved with providing you with Company Services, nor their affiliates, subsidiaries or agents will be liable for any loss, liability, cost, expense, or claim for acting upon, or relating to your consent as described above.