PRIVACY NOTICE - VIRGINIA
The National General Insurance Group* is giving you this notice to tell you how we may collect and share nonpublic personal information about you and the accounts you have with a company (or companies) in the National General Insurance Group. This notice also advises you of your right to keep this information from being shared with affiliates of the National General Insurance Group** or other business associates (non-affiliates) under certain circumstances and your right to limit marketing, in some cases.
What Nonpublic Personal Information Do We Collect About You?
We collect nonpublic personal information about you and the members of your household from the following sources:
- Information we receive from you, such as information on applications or other forms, which may include your name, address, e-mail address, social security number and driving history.
- Information about your transactions with us, our affiliates, or others, such as your account balance and payment history.
- Information we receive from outside sources such as consumer reporting agencies, insurance agencies and state motor vehicle departments which may provide information on your credit history, credit score, driving and accident history, or prior insurance coverage in place. Please note that the information obtained from outside sources may be retained by those outside sources and disclosed to other persons without our knowledge.
- Information about your computer hardware and software that may be collected by us if you contact our Website electronically. This information can include: your IP address, browser type, domain names, access times, and referring Website addresses. This information is used for the operation of the Website, to maintain quality of the Website, and to provide general statistics regarding use of our Website
- If you obtain a life, long-term care or disability product, information we receive from you, medical professionals who have provided care to you and insurance-support organizations regarding your health.
How Do We Protect The Information That We Collect About You and Your Accounts?
To protect the privacy and security of nonpublic personal information we collect about you, we restrict access to the information to our employees, agents and subcontractors who need this information to provide products and services to you. We maintain physical, electronic, and procedural safeguards that comply with applicable federal and state laws and regulations to guard your nonpublic personal information. We strive to keep our information about you accurate. We require those individuals to whom we permit access to your customer information to protect it and keep it confidential. You may review the information we have collected on your account and if you tell us of an error, we will update our records promptly. If you wish to review or correct personal information on your account, please write to us at the address on your account statement or other account materials.
Do We Share The Information We Collect About You and Your Accounts?
Yes, to provide you with superior service, inform you of product and service opportunities that may be of interest to you, or for other business purposes, we may share all of the nonpublic personal information we collect about you and your accounts, as described above, as permitted by law. Our sharing of information about you is subject to Your Rights, described below.
However, we do not sell, rent or lease our customer lists to third parties.
We will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on us; (b) protect and defend our rights or property; (c) act under exigent circumstances to protect the personal safety of our customers, or the public; and (d) to process insurance claims.
We will disclose your personal information, without notice as follows:
- To determine your eligibility for an insurance benefit or payment;
- To detect or prevent criminal activity, fraud or material misrepresentation in connection with an insurance transaction;
- To a medical-care institution or medical professional for the purpose of (i) verifying insurance coverage or benefits, (ii) informing you of a medical problem of which you may not be aware or (iii) conducting an operations or services audit, provided only that information is disclosed as is reasonably necessary to accomplish the foregoing purposes;
- To an insurance regulatory authority;
- To a law enforcement or other governmental authority to protect against fraud or in the event that we believe that some form of criminal activity has occurred and upon written request of any law-enforcement agency for all insured or claimant information in our possession;
- Otherwise as permitted by law;
- In response to a facially valid administrative or judicial order, including a search warrant or subpoena;
- Made for the purpose of conducting actuarial or research studies, provided no individual may be identified in any actuarial or research report, and materials allowing the individual to be identified are returned or destroyed as soon as they are no longer needed and the actuarial or research organization agrees not to disclose the information unless the disclosure would otherwise be permitted by Virginia law;
- To a party or a representative of a party to a proposed or consummated sale, transfer, merger, or consolidation of all or part of our business, provided prior to the consummation of the sale, transfer, merger, or consolidation only such information is disclosed as is reasonably necessary to enable the recipient to make business decisions about the purchase, transfer, merger, or consolidation and the recipient agrees not to disclose the information unless the disclosure would otherwise be permitted by Virginia law;
- To a non-affiliated third party whose only use of such information will be in connection with the marketing of a nonfinancial product or service, provided no medical-record information, privileged information, or personal information relating to your character, personal habits, mode of living, or general reputation is disclosed, and no classification derived from the information is disclosed, you have been given an opportunity, in accordance with the provisions of subsection A of § 38.2-612.1, to indicate that you do not want financial information disclosed for marketing purposes and have given no indication that you do not want the information disclosed and the non-affiliated third party receiving such information agrees not to use it except in connection with the marketing of the product or service;
- To a consumer reporting agency in accordance with the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) or (ii) from a consumer report reported by a consumer reporting agency;
- To a group policyholder for the purpose of reporting claims experience or conducting an audit of our operations or services, provided the information disclosed is reasonably necessary for the group policyholder to conduct the review or audit;
- To a professional peer review organization for the purpose of reviewing the service or conduct of a medical-care institution or medical professional;
- To a governmental authority for the purpose of determining your eligibility for health benefits for which the governmental authority may be liable;
- To a certificate holder or policyholder for the purpose of providing information regarding the status of an insurance transaction;
- To a lienholder, mortgagee, assignee, lessor or other person shown on our records as having a legal or beneficial interest in a policy of insurance, or to persons acting in a fiduciary or representative capacity on behalf of you, provided that no medical record information is disclosed unless the disclosure would be permitted by Virginia law and the information disclosed is limited to that which is reasonably necessary to permit such person to protect his interest in the policy;
- Necessary to effect, administer, or enforce a transaction requested or authorized by you, or in connection with servicing or processing an insurance product or service requested or authorized by you, or necessary for reinsurance purposes;
- Pursuant to any federal Health Insurance Portability and Accountability Act privacy rules promulgated by the United States Department of Health and Human Services;
- To a non-affiliated third party whose only use of such information will be to perform services for or functions on behalf of us in connection with the marketing of our product or service or the marketing of products or services offered pursuant to a joint marketing agreement provided no medical-record information or privileged information is disclosed without your written authorization unless such disclosure is otherwise permitted by Virginia law, with respect to financial information, you have been given the appropriate legal notice required by Virginia law and the person receiving such financial information agrees, by contract, (i) not to use it except to perform services for or functions on behalf of us in connection with the marketing of our product or service or the marketing of products or services offered pursuant to a joint marketing agreement, or as otherwise permitted by Virginia law to maintain the confidentiality of such information and not disclose it to any other non-affiliated third party unless such disclosure would otherwise be permitted by Virginia law;
- To our affiliates provided that no medical-record information or privileged information is disclosed without your written authorization unless such disclosure is otherwise permitted by Virginia law and the affiliate receiving the information does not disclose the information except as would otherwise be permitted by Virginia law.
For Vermont Residents Only: Based on Vermont law, we do not share nonpublic personal information about you with affiliates or non-affiliated third parties, other than as permitted by law. We automatically treat your accounts as if you made the Information Sharing and Affiliate Marketing opt out elections described below.
Your Right to Access and Request Correction, Amendment or Deletion of Recorded information.
Upon your written request, we shall within thirty days of such request provide the following information:
- The nature and substance of the recorded personal information in our possession in writing, by telephone, or by other oral communication;
- Permit you to see and copy, in person, the recorded personal information pertaining to you or to obtain a copy of the recorded personal information by mail, whichever you prefer, unless the recorded personal information is in coded form, in which case an accurate translation in plain language shall be provided in writing;
- Disclose to you the identity, if recorded, of those persons to whom we have disclosed the personal information within two years prior to such request and if the identity is not recorded, the names of those insurance institutions, agents, insurance-support organizations or other persons to whom such information is normally disclosed;
- Provide you the procedures by which you may request correction, amendment, or deletion of recorded personal information which are as follows:
Within thirty business days from the date of receipt of a written request from you to correct, amend, or delete any recorded personal information about you within our possession, we shall either:
- Correct, amend, or delete the portion of the recorded personal information in dispute;
- Notify you of:
- Our refusal to make the correction, amendment, or deletion;
- The reasons for our refusal; and
- Your right to file a statement setting forth what you think is the correct, relevant, or fair information and a concise statement of the reasons why you disagree with our refusal to correct, amend, or delete such recorded personal information.
In the event that you file this statement we shall:
- File the statement with the disputed personal information and provide a means by which anyone reviewing the disputed personal information will be made aware of your statement and have access to it;
- In any subsequent disclosure of the recorded personal information that is the subject of disagreement, clearly identify the matter or matters in dispute and provide your statement along with the recorded personal information being disclosed;
- Furnish the statement to the persons and in the manner specified by Virginia law.
If we correct, amend, or delete recorded personal information after you have provided your written dispute we shall so notify you in writing and furnish the correction, amendment, or fact of deletion to:
- Any person specifically designated by you who, within the preceding two years, may have received the recorded personal information
- Any insurance-support organization whose primary source of personal information is insurance institutions if the insurance-support organization has systematically received the recorded personal information from us within the preceding seven years. The correction, amendment, or fact of deletion need not be furnished if the insurance-support organization no longer maintains recorded personal information about you;
- Any insurance-support organization that furnished the personal information that has been corrected.
What Types of Affiliates and Non-affiliated Third Parties Do We Share Information About You With?
Subject to Your Rights, detailed below, we may share nonpublic personal information about you with the following types of affiliates and non-affiliated third parties:
- Financial service providers, such as, credit card issuers, insurance companies, and insurance agents.
- Non-financial companies, such as credit reporting agencies, manufacturers, motor vehicle dealers, retailers, direct marketers, telecommunications companies, airlines, management companies, attorneys in fact, and publishers.
- Companies that perform marketing services on our behalf or with other institutions with which we have joint marketing agreements.
- Others, such as educational institutions.
We may also share nonpublic personal information about you with affiliates and non-affiliated third parties, as permitted by law, including consumer report information, such as information from credit reports and certain application information that we have received from you and from third parties, such as consumer reporting agencies and insurance-support organizations.
*Reference to the National General Insurance Group in this notice includes the following companies: National General Insurance Company, National General Assurance Company, National General Insurance Online, Inc., Integon Casualty Insurance Company, Integon General Insurance Corporation, Integon Indemnity Corporation, Integon National Insurance Company, Integon Preferred Insurance Company, New South Insurance Company, MIC General Insurance Corporation, Home State County Mutual Insurance Company – (Administered by Integon National Insurance Company, National General Insurance Company, Imperial Fire & Casualty Insurance Company or Integon Indemnity Corporation), National General Motor Club, Inc., National Health Insurance Company, Agent Alliance Insurance Company, National General Premier Insurance Company, Imperial Fire & Casualty Insurance Company, Adirondack Insurance Exchange, Mountain Valley Indemnity Company, New Jersey Skylands Insurance Association, Century-National Insurance Company, Standard Property and Casualty Insurance Company, Direct Insurance Company, Direct General Insurance Company, Direct General Insurance Company of Mississippi, Direct National Insurance Company, Direct General Life Insurance Company, Old American County Mutual Fire Insurance Company (Administered by Direct General Insurance Agency) and National Farmers Union Property and Casualty Company.
**Affiliates of the National General Insurance Group include: companies in the National General Insurance Group referenced in this notice, and companies that now or in the future control, are controlled by, or are under common control with a company in the National General Insurance Group.
Do We Share Information About Former Customers?
Yes, subject to Your Rights - detailed below, we may share all of the nonpublic personal information described above about our former customers with the same types of affiliates and non-affiliated third parties, as described above, as permitted by law.
- If you want a company in the National General Insurance Group not to share nonpublic personal information about you with affiliates, non-affiliated third parties, or both, you may opt out of Information Sharing. That is, you may direct the company in the National General Insurance Group not to share information (other than as permitted by law). Information Sharing permitted by law includes, for example, sharing with companies that work for a company in the National General Insurance Group to provide the product or services you request and sharing with affiliates information about our transactions or experiences with you for everyday business purposes.
- Your Information Sharing opt out direction will apply to nonpublic personal information, as described above, that the company in the National General Insurance Group has collected about you and your existing accounts.
- Federal law gives you the right to limit some but not all marketing from the companies in the National General Insurance Group and their affiliates. You may limit companies in the National General Insurance Group and their affiliates from marketing their products or services to you based on nonpublic personal information about you that they receive from a company in the National General Insurance Group. This information includes income, account information, credit history, and payment history.
- Your choice to limit Affiliate Marketing will apply to nonpublic information about you and your existing account.
We reserve the right to change our privacy practices in the future, which may include sharing nonpublic personal information about you with non-affiliated third parties. Before we do that, we will provide you with a revised privacy notice and give you the opportunity to opt out of that type of information sharing.
How to Opt Out of Information Sharing or Limit Affiliate Marketing:
- If you wish to opt out of Information Sharing with affiliates, or with non-affiliated third parties, or with both, or to limit Affiliate Marketing, other than as permitted by law, please complete the form below and return it to the following address:
National General Insurance Company
Everett, WA 98201
- Each time you establish a new account with a company in the National General Insurance Group, you will receive a privacy notice and an opportunity to opt out of Information Sharing and limit Affiliate Marketing for that account, as permitted by law.
- If you have a joint account with another person, either of you may opt out of Information Sharing or limit Affiliate Marketing (other than as permitted by law) for both of you.
I direct my information not be shared with affiliates or with non-affiliated third parties, and to limit Affiliate Marketing, other than as permitted by law.
Account (Policy) Number
Note: No action is required if you wish to permit information sharing as described in this notice. If you have already told us not to share your information on this account, you do not need to tell us again.