2019 IMS Privacy Policy

Privacy Policy of Explore Information Services, LLC
Effective December 31, 2019

INTRODUCTION

Explore Information Services, LLC and its subsidiaries (herein referred to as “Explore”, “we”, “us” or “our”) understands your concerns about privacy.  We hope that this policy, which describes our use and protection of personal data, will help you (also called the “User”) understand how we treat the User Information that we obtain from you or other sources in the course of providing you with products and services.  A User who executes a services agreement with Explore is referred to herein as a “CLIENT”.  This policy also tells you about your privacy rights and how the law protects you.  Explore respects your privacy and is committed to protecting your personal data.

Our websites and services are not intended for use by minors under the age of 16 and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with privacy and other notices we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. For example, there are separate privacy notices for employees and job candidates.  Those privacy notices supplement this policy.  Explore is part of the Solera group of companies.  Other companies in the group may have their own privacy policy.

1. IMPORTANT INFORMATION AND WHO WE ARE

CONTACT DETAILS                                             Explore Information Services, LLC

Attn: Data Privacy Champion

2750 Blue Water Road, Suite 200

Eagan, MN  55121

Email:  [email protected]

website: https://exploredata.com/consumer-inquiries/

Our Data Privacy Champion has been appointed to ensure that personal data is processed according to law and this notice.  In many jurisdictions, you have the right to make a complaint at any time to a regulatory agency for data protection issues or collection and use of personal data.  We would, however, appreciate the chance to deal with your concerns so please contact us first.

Explore acts as a service provider of personal data to third parties, and as a Consumer Reporting Agency in connection with some of those services.

CHANGES.  This privacy policy may be updated by us from time to time.  We will provide the updated notice on our website.  We realize that it is important that the personal data we hold about you is accurate and current.

THIRD-PARTY LINKS.  Some of our websites and services may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for how they process personal data.  We encourage you to read the privacy notice of every website you visit.

2. THE DATA WE COLLECT

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed, such as de-identified or anonymous data.  We follow the law in each applicable jurisdiction in determining what constitutes personal data.

We may collect, use, store, and transfer different kinds of data which we have grouped together as follows:

• Identification Data such as a name, alias, postal address, unique personal identifier, online identifier, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
• Commercial Transaction Information such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Vehicle Data such as vehicle registration and licensure, vehicle identification number, vehicle pictures, damage info and repair and maintenance records.
• Technical Data such as internet protocol address, login data, browser type and version, time zone setting, data on devices used to access a website, service or application, browsing history, search history, and information regarding interaction with an internet website, application, or advertisement.
• Usage Data such as how you use our website or service.
• Geolocation Data such as latitude and longitude for your location.
• Employment Information such as information about employment or a profession.
• Education Data such as information about education.
• Inference Data such as information drawn from other information reflecting preferences, characteristics, psychological trends, predispositions, behaviour, attitudes, intelligence, abilities, and aptitudes.
• Marketing and Communications Data such as your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as it does not directly or indirectly identify you. For example, we may aggregate Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We may collect Special Categories of Personal Data about you, such as sexual orientation, criminal convictions and offences, but only where required to provide services to you or our customers.

IF YOU FAIL TO PROVIDE PERSONAL DATA.  Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

3. HOW IS DATA COLLECTED?

As a User browses through Explore’s websites (each, a “Site”), Explore collects no personal information.  You are anonymous as you browse.  If a User is also a CLIENT the terms of the following paragraph apply to CLIENT use of credentialed sites.

FOR OUR CLIENTS:  Explore does not collect identifying information in order to provide product overviews on the Site so it does not share information with any other parties.  Explore will collect logging information such as what pages were viewed, what browser was used, and similar information to help build and update the website.  No data related to the individual browsing the site is collected.  Once a CLIENT is registered with Explore to access any or all online offerings, Explore only collects personal information required to provide the services requested by our CLIENTS, comply with data retention requirements under applicable federal law, and prepare accurate and appropriate billing statements.  We treat CLIENT’s identifying information securely and confidentially.  We limit access to personal information to only those persons who must have and are entitled to the information to provide our products and services to our CLIENTS.  These persons are trained on the importance of safeguarding this information and must comply with internal security procedures and applicable law.  We meet strict physical, electronic and procedural security standards to protect personal information and maintain internal procedures to maintain the safety of that information.

We want you to know that Explore respects your privacy and protects your information.  We do not sell CLIENT information.  We do not share CLIENT information with persons, companies, or organizations that would use that information to contact you or your customers about their own products or services.  Within Explore, we communicate regarding the need to protect your information to those individuals who may have access to it, and we’ve established safeguards to protect CLIENT information.

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us data by filling in forms or by corresponding with us by post, phone, email, or otherwise. This includes data you provide when you:
• apply for, inquire about, or purchase our products or services;
• create an account on our website;
• subscribe to our service or publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us some feedback.
• Automated technologies or interactions. As you interact with our websites, we may automatically collect Technical, and Usage Data among others about your equipment, browsing actions and patterns. We may collect this personal data by using cookies, server logs, and other similar technologies. A User may set their web browser to refuse cookies or alert the User before accepting them.  We may also receive Technical and Usage Data among others about you if you visit other websites employing our cookies.
• Customers who use our tools and services may provide us personal data for use in those services.
• Third parties or publicly available sources. We may receive personal data about you from third parties and public sources.

4. HOW WE USE YOUR PERSONAL DATA

All information provided is treated as confidential.  Explore does not, and will not, pass any personal information collected through any Site to any other third party.  We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA.

Motor vehicle records and other reports used in underwriting insurance or in employment have been identified as consumer reports.  As such, use of these reports must comply with, to the extent applicable:  the Fair Credit Reporting Act (FCRA), Driver’s Privacy Protection Act (DPPA) and the Gramm-Leach-Bliley Act (GLB), amongst others.  As a consumer reporting agency, Explore strives to protect the privacy of consumer information.  By agreeing to the Terms and Conditions of Explore’s Subscription Agreement CLIENTS agree to not disclose consumer information to a third party.  Explore does not sell personal or business information for marketing or solicitation purposes.

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.  We will get your express opt-in consent before we share your personal data with any company outside the Solera group of companies for marketing purposes.

• Legitimate business interest means the interest of our business in conducting and managing our business to enable us to give you and the market place the best service and products and the best and most secure experience. We make sure to consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
• Performance of Contract means processing your data where it is necessary for the performance of a contract to which you or your employer are a party or to take steps at your request before entering into such a contract.
• Comply with a legal obligation means processing your data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

OPTING OUT.  You can ask us or third parties to stop sending you marketing messages at any time.  Where you opt out of receiving these marketing messages, this will not affect our processing of your personal data for other non-marketing purposes such as providing a product or service to you, the product or service experience, or other transactions.

COOKIES.  You can make choices about what cookies collect information on our websites.   You may be able to set your browser to refuse all or some browser cookies.  If you disable or refuse certain cookies, some parts of the website may become inaccessible or not function properly.

CHANGE OF PURPOSE.  We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.  Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with:

• Other companies in the Solera group of companies who are involved in providing the service or product or provide IT and system administration services and undertake information reporting.
• Our customers who are providing services to you.

• Our service providers who provide IT and system administration services.
• Our professional advisers such as our lawyers, bankers, auditors, and insurers.
• Government agencies that require reporting of processing, financial, or transaction activities, but only as required by law.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. OUR ACTIONS OVER THE PAST TWELVE MONTHS

The following table provides additional information on the personal information collected in the last twelve months:

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need-to-know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. YOUR LEGAL RIGHTS

California

Under certain circumstances, you have the right to:

• Request disclosure of what personal information the business collects, uses, discloses, or sells. You make this type of request through the webform at http://exploredata.com, CCPA exercise your rights

• Request deletion of personal information collected or maintained by us. You must make this type of request through the webform at https://exploredata.com, CCPA exercise your rights.  We will ask you to verify that you have requested deletion of all or certain personal information.

• Non-discrimination. Your exercise of privacy rights conferred under the California Consumer Privacy Act (“CCPA”) will not result in discriminatory treatment.

• Use an authorized agent. California law allows you to use an authorized agent to make a request under CCPA on your behalf.  You must provide us with written documentation that the agent is authorized to act on your behalf or a power of attorney.  We may also contact you directly to verify your identity.

NOTICE TO CA RESIDENTS:  Where we receive valuable consideration for the provision of personal data to third parties, we do so as a service provider for a third party.  We do not sell information that identifies a person to other businesses. We have not sold personal information within the last twelve months.

DATA RETENTION:  How Long Will You Use My Personal Data?

In compliance with the law, Explore must retain a CLIENT’S business identity and related reports use for a minimum of five years.  Explore must be able to identify the end user of a consumer report to federal or state jurisdiction and upon request will provide the information to the requesting jurisdiction.  We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us. More specifically, and without limiting the generality of the foregoing, by law we have to keep basic information about our customers for at least 5 years after they cease being customers for tax, financial auditing, and record keeping purposes.

We may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Other Jurisdictions

You may have rights under data protection laws in relation to your personal data. Contact us for more information.

9. RIGHTS REQUESTS

For general inquiries, please contact us at the Contact Information set forth in Section 1 of this Policy or via the webform provided at https://exploredata.com/consumer-inquiries/.  For California CCPA-related inquiries, reference the California-specific information in Section 8 of this Policy.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.  If your request provides an email address, or our records contain your email address, we may ask you to verify your identity through such address.  Where additional information is required, we try to ask only information that can be corroborated through our records.  We may also ask you for further information in relation to your request to speed up our response.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We try to respond to all legitimate requests within forty-five days (or thirty days for residents in the EU).  Occasionally it may take us longer. If so, we will notify you and keep you updated.  If we deny your request, we will explain the basis for such denial.  We will keep a record of rights requests and responses for at least twenty-four months in a log that will not be used for any purpose other than for record-keeping and analytics.