California Consumer Privacy Act Disclosure

Last Updated: January 1, 2020

CapSpecialty, Inc. and its subsidiaries (collectively, ”CapSpecialty,” “we” or “us”) recognize that you have an interest in how we collect, retain, and use information about you and your relationship with us.  The privacy of your personal information is important to us.  Under the California Consumer Privacy Act of 2019 (“CCPA”), “Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked directly or indirectly with a particular California resident or household.  This California Consumer Privacy Act Disclosure (“Disclosure”) describes the types of information we collect, why we collect the information, and how we collect, use, and disclose Personal Information relating to California residents (“consumers” under the CCPA) based on the types of Personal Information listed in the CCPA.

This Disclosure does not apply to consumers’ personal information exempted from the CCPA, such as: (i) personal information collected pursuant to the federal Gramm-Leach-Bliley Act and its implementing regulations or the California Financial Information Privacy Act; or (ii) certain medical and health information covered by HIPAA.

This Disclosure supplements, and does not replace, other applicable policies, practices and privacy notices that may relate to specific business relationships consumers have with CapSpecialty or to certain products or services.

Types of Information Collected

CapSpecialty captures and processes a variety of information, including Personal Information, depending on the services involved.  In the past 12 months, we may have collected and/or disclosed to third parties, for CapSpecialty’s business purposes, the following types of Personal Information on California residents:

  • Individual identifiers, such as name, alias, postal address, email address, unique personal or online identifier, internet protocol (IP) address, account name, social security number, driver’s license or passport number, or other form of persistent or probabilistic identifiers that CapSpecialty may use to identify a particular consumer, family, or device;
  • Personal Information as defined in the California Consumer Records statute, which, in addition to the individual identifiers described above, also includes a person’s signature, state identification card number, physical characteristics or description, insurance policy number, education, employment or employment history, bank account number, credit card number, debit card number, any other financial information, or medical or health insurance information;
  • Characteristics such as age, race, marital status, national origin, religion, military or veteran status, physical or mental disability, gender, or sexual orientation, which are based upon protected classes under California or federal laws;
  • Commercial or financial information, such as bank account or payment card details, income or other financial information, records of personal property, and purchasing or consuming histories or habits. Commercial or financial information may also include credit and anti-fraud information, such as credit history, credit score, sanctions and criminal offenses, and information received from various anti-fraud databases relating to you or those seeking insurance coverage pursuant to one of our products;
  • Biometric information, including: genetic, physiological, behavioral and biological characteristics; or activity patterns from which organizations can extract a template or other identifier or identifying information. Biometric information includes fingerprints, faceprints, voiceprints, iris or retina scans, key strokes, gait other physical patterns, and sleep, health and exercise data;
  • Internet or other similar network activity, including browsing history, search history or information regarding your interaction with an internet website, application, or advertisement;
  • Geolocation data;
  • Audio, electric, visual, thermal, olfactory, or similar information;
  • Professional or employment-related information;
  • Non-publicly available educational information as defined under the Family Educational Rights and Privacy Act and related regulations; and
  • Inferences drawn from other personal information to create consumer profiles reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.

In the past 12 months, CapSpecialty has not sold the Personal Information of California residents.  For purposes of this Disclosure, “sold” means the disclosure of Personal Information for “monetary or other valuable consideration” as defined in the CCPA.

Where CapSpecialty Collects the Information

CapSpecialty may collect the Personal Information directly from you, such as when you fill out an application for insurance or file a claim, or from your transactions with CapSpecialty.  Personal Information may be collected from third parties as permitted by law, such as from agents or brokers, service providers, or consumer reporting agencies.  In addition, we may automatically collect certain information such as unique device identifiers and cookies when you use the CapSpecialty websites.  For more information about CapSpecialty’s data collection practices and your choices, please review CapSpecialty’s Privacy Policy.

Why CapSpecialty Collects the Information

The purpose for which we use this Personal Information depends on our relationship or interaction with a specific California resident.  CapSpecialty may use this information in order to operate, manage, and maintain our business, provide and service our products and services, for our employment and vendor management purposes, and to accomplish our business purposes and objectives.  Specific examples include:

  • Providing quotes, underwriting and rating insurance policies;
  • Responding to inquiries, fulfilling requests, completing transactions and otherwise servicing insurance policies;
  • Investigating and processing claims;
  • Developing products and services;
  • Marketing and research, including trends, usage and advertising-related services;
  • Enhancing safety and security controls and detecting and preventing fraud;
  • Determining eligibility for employment or other relationship with CapSpecialty;
  • Paying compensation and administering benefits;
  • Managing performance and other aspects of your relationships with CapSpecialty;
  • Accounting, auditing, and other internal functions, such as internal audits;
  • Maintaining CapSpecialty’s facilities and infrastructure;
  • Complying with applicable laws, valid legal processes, and internal policies; and
  • Responding to governmental or regulatory inquiries or requests.

Third Parties with whom Personal Information is Shared

CapSpecialty may share Personal Information with affiliates or third parties in connection with the performance of CapSpecialty’s services and business operations, as permitted or requested by applicable law.  Specifically, CapSpecialty may work with third parties to develop, operate, deliver, maintain, improve, enhance or protect our services and products.  Those parties include, but are not limited to:

  • Financial service provides, such as agents or brokers;
  • Website hosting or information technology consulting service providers;
  • Marketing service providers;
  • Data analysis service providers;
  • Legal service providers;
  • Administrative service providers; or
  • Security and Application service providers.

In the event there is a change or contemplated change in the corporate structure of CapSpecialty, such as a merger, consolidation, sale, liquidation or transfer of substantial assets, CapSpecialty may disclose your personal information and may, in its sole discretion, transfer, sell or assign personal information collected on and through the services, including your personal information, to one or more affiliated or nonaffiliated third parties.

Consumer Rights

The CCPA creates a number of consumer privacy rights for certain California residents if their Personal Information is covered by the CCPA.  The CCPA does not apply to consumers’ personal information exempted from the CCPA, such as: (i) personal information collected pursuant to the federal Gramm-Leach-Bliley Act and its implementing regulations or the California Financial Information Privacy Act; or (ii) certain medical and health information covered by HIPAA.  In addition, the CCPA does not create the consumer privacy rights described below for business-to-business contacts, job applicants, or certain others.

Right to Know

If you are a California resident, you may request that we disclose to you the following information covering the 12 months preceding your request:

  • The categories or specific pieces of Personal Information we collected about you;
  • The sources from which CapSpecialty collected the Personal Information;
  • The business or commercial purpose for collecting Personal Information about you; and
  • The categories of Personal Information that we disclosed to third parties for a business purpose and the categories of third parties to whom we disclosed the Personal Information.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.  You may also make a verifiable consumer request on behalf of your minor child.

If you are a California resident, you may make a request described above at the following: 

CapSpecialty, General Counsel, 1600 Aspen Commons, Suite 300, Middleton, WI, 53562 or [email protected].

It is important to note, in order to process your request, we will need to verify your identity or authority to make the request.  The verification process will consist of you providing certain identifying information that must be identical to the information already on file.  If we are able to validate your identity, we will respond, free of charge, to your request within 45 days of receiving a verifiable consumer request.  CapSpecialty will be unable to respond to your request or provide you with personal information if CapSpecialty cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Right to Request Deletion

To the extent that your data is protected by the CCPA’s privacy rights, you have the right to request that we delete your Personal Information.  California law does allow CapSpecialty to retain your Personal Information under certain conditions, even if you have requested deletion, such as when retaining your Personal Information is necessary for us to complete a transaction with you or provide you with a good or service you have requested.

If you are a California resident, you may make a request described above at the following: 

CapSpecialty, General Counsel, 1600 Aspen Commons, Suite 300, Middleton, WI, 53562 or [email protected].

It is important to note, in order to process your request, CapSpecialty will need to verify your identity or authority to make the request.  The verification process will consist of you providing certain identifying information that must be identical to the information already on file.  If we are able to validate your identity, we will respond, free of charge, to your request within 45 days of receiving a verifiable consumer request.  CapSpecialty will be unable to respond to your request or provide you with personal information if CapSpecialty cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.  In addition, we will request you sign an affidavit certifying your request to delete your Personal Information once we validate your identify or authority to make the request.

Right to Non-Discrimination for Exercise of Consumer Privacy Rights

The CCPA prohibits CapSpecialty from discriminating against any consumer who chooses to exercise any of the privacy rights provided by the CCPA.

Changes to this Disclosure

CapSpecialty reserves the right to amend this Disclosure at any time in order to address developments at CapSpecialty, the CapSpecialty websites, changes to the CCPA or implementing regulations, or changes in the industry or legal trends. We will post the revised Disclosure on this page, and by continuing to use the CapSpecialty websites following such changes, you will be deemed to have agreed to such changes. You can determine when the Disclosure was last revised by referring to the “Last Updated” legend on the top of this page.  If you do not agree to the terms of the Disclosure, you can choose to discontinue use of the CapSpecialty websites.

Contact Information

If you have any questions or comments about this Disclosure, please feel free to contact:

CapSpecialty, General Counsel, 1600 Aspen Commons, Suite 300, Middleton, WI, 53562 or [email protected].