The SaaS software and website (“Software”) is offered by Trionfo Solutions, LLC (“Trionfo”). The Software is a secure online resource to help users review and make decisions about insurance. Authorized brokers, employer groups and consumers can use the Software to make decisions about the insurance options that they will make available to clients and eligible employees. Employees can use the Software to make decisions about employer sponsored benefit plan. All authorized users will also be able to perform secure online transactions.
These Terms apply to all users and others who access or use the Software. If you are using the Software on behalf of any entity, you represent and warrant that you are authorized to accept the Terms on such entity’s behalf, and that such entity agrees to indemnify you and us for violations of the Terms.
Your Use of the Software
We grant you a personal, non-transferable, non-exclusive limited license to access this Software and to download and print a single copy of the content from this Software solely for your non-commercial use. Such license is subject to these Terms.
Before you can use certain features of the Software, you will need to register for an account and be authorized to use the Software.
If you are a user registered and authorized to use the Software, you agree to:
If you are a user registered and authorized to use this Software, you agree NOT to:
ALL users accessing or using the Software agree NOT to:
Illegal, fraudulent, unlawful, or harmful access or use of the Software constitutes a breach of these Terms.
Your access to and use of the Software, including any account privileges relating to the Software, depend upon your consent to honor these responsibilities; we rely on your good faith and judgment. If you choose to provide inaccurate or false information or use poor judgment we have the right to discontinue your access to this Software.
Limitation of Liability
You agree that you will use this Software at your own risk. Trionfo is not liable for any damages (whether direct or indirect, special, incidental, consequential or punitive) incurred by you as a result of your use of this Software or the information you receive from or submit to this Software. Trionfo shall have no liability whatsoever for failure of electronic or mechanical equipment or communication, telephone or other connection problems, computer viruses, unauthorized access or interception of data from this Software, theft or errors. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.
Ownership and Intellectual Property Protection
This Software is not intended for use by children under the age of 13. We will not knowingly collect any Personal Information from visitors under the age of 13 online through this Software. If you think that we have collected Personal Information from a visitor under the age of 13, please contact us.
Governing Law and Venue
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Software, and supersede and replace any prior agreements we might have between us regarding the Software.
Transfer of Our Rights
We may transfer or sub-contract our rights under these Terms without notifying you or obtaining your consent.
We may terminate or suspend access to the Software or operation of the Software immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. Upon any termination, the rights and licenses granted to you under the Terms shall immediately terminate, and you must cease all use of the Software. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) your use of the Software, any breach of your obligations under the Terms, or for the consequences of any such breach.
We may change these Terms from time to time. When updates are made, the date at the bottom of the statement will be updated to reflect that a revision has occurred. We encourage you to periodically reread these Terms to see if there have been changes that may affect you.
Last updated on: January 01, 2019
When you open and/or use our Software, we receive and collect certain information, including information about you. The information that we receive and collect depends in part on what you do when you use our Software, and falls generally into one of two categories. Some of this information is information you submit, and other information is collected automatically when you access, e.g., when you open and/or use our Software.
Information You Submit
Some of the information you may submit to use the Software is personal information. Personal Information means all data and/or information that identifies you. Examples of Personal Information we may collect include your name, gender, telephone number, postal address, email address, date of birth, social security number, and internet protocol (IP) address. In addition, personal information may be reported by your employer which could include your employee ID number, employment status, date of hire and qualifying events such as birth, marriage, divorce, or death.
Personal information is collected from you when you register using the Software to become a member, use tools on the Software, or conduct a transaction using the Software.
We use Personal information to allow you to use services available through our software, including generating recommendations for coverage and processing insurance applications. By submitting Personal Information to us, you consent to our receiving and collecting this information.
Automatically Collected Information
Every time you access our Software, some non-personal information is automatically collected from you to enhance your experience with our Software as well as to improve the design and content our Software.
We use this automatically collected, non-personal information to track resources and data accessed via our Software, to record general Software statistics and activity, to troubleshoot Software problems, and to track what tools users are accessing on our Software.2. Information Collected During Your E-Mail Communications with Us
During or related to your accessing the Software, you may send an e-mail or other electronic communication to us. When you send an e-mail or other electronic communication to us, you are communicating with us electronically and consent to receive reply communications from us or our providers electronically. We may retain the content of the e-mail or other electronic communication, your e-mail address or other identifier, and our response in order to better service your needs or for legal and regulatory reasons.
Please note that forms of electronic communication such as e-mail, text messaging, or other similar forms of electronic communication are inherently insecure. Please refrain from submitting sensitive personal information (such as account number, social security number, or credit card account number) via e-mail or similar method of electronic communication.3. Children
We respect the privacy of children and encourage all parents to supervise their children’s computer usage. We do not knowingly collect or retain personal information from children under the age of thirteen (13), or equivalent minimum age in the relevant jurisdiction. Our Software is intended for users that are at least 18 years of age, and we do not authorize or approve of use of the Software by anyone under 18 years of age. Furthermore, we advise anyone who opens, uses, or otherwise accesses our Software under the age of 13, or equivalent minimum age in the relevant jurisdiction, not to disclose or provide any personal information with our Software. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at firstname.lastname@example.org. We will delete such information from our storage within a reasonable time. If you want more information about the Children’s Online Privacy Protect Act (COPPA) we encourage you to visit the Federal Trade Commission’s website at http://www.business.ftc.gov/privacy-and-security/children's-privacy.4. Third Party Websites
Our Software may contain links to third-party websites. These links are not part of our Software. We do not make any representations or warranties regarding third-party websites. We are not responsible for any losses or damages in connection with the information, security, privacy practices, availability, content or accuracy of materials of such third-party websites. Additionally, third-party websites might have privacy and/or security policies different from us and may provide less privacy and/or security than our Software. Please review the privacy and security policies of all third-party websites before you share any personal information.5. Information Shared With Third Parties
We may share your information with other authorized parties that we work with to provide you with coverage and benefits. These parties could include Business Associates, your Plan Sponsor, Brokers, and your Employer. We will only share your information as allowed by law; if the law requires that we secure your authorization prior to using or sharing your information, we will do so.6. Other Uses or Sharing of Your Information
In response to judicial or other governmental subpoenas, warrants and court orders served on us in accordance with their terms, or as otherwise required by applicable law;
To comply with legal, regulatory or administrative requirements of governmental authorities;
To protect our rights or property, protect our legitimate business interests, to enforce the provisions of our terms or policies, in cases of customer fraud/disputes, and/or to prevent harm to you or others;
To protect or defend us, our subsidiaries, affiliates, or parent company and any of their officers, directors, employees, agents, contractors and partners, in connection with any legal action, claim or dispute;
As permitted or required by law or as authorized by you.7. Security and Storage
We are concerned about safeguarding the confidentiality of your information. We adhere to accepted industry security standards that are designed to protect any non-public personal information collected by our Software against accidental use, access, or disclosure. We provide physical, electronic, and procedural safeguards to protect information we collect, process, and maintain.
The technology we use is specifically designed for web servers. All of your Personal Information resides in the United States of America in a secure database behind a firewall where it cannot be accessed without proper authentication. Information collected by our Software is protected by Secure Socket Layer (“SSL”) technology, a leading security protocol for data transfer on the Internet. Secure Socket Layer (“SSL”) technology encrypts your Personal Information as well as your health history if it is transmitted over the Internet. In addition, we periodically subject our Software to simulated intrusion tests and have developed comprehensive disaster recovery plans.
We are aware and shall fully comply, and shall ensure compliance by our employees and subcontractors (as applicable), with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) as a Business Associate.
Please remember that no method of transmission, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We also do not guarantee the confidentiality or security of electronic transmissions via the Internet due to potentially unsafe computers or links. This could result in data becoming lost or intercepted during transmission. Please use good judgment before deciding to send information via the Internet.
You also have a responsibility in keeping your Personal Information secure by keeping your account name and password for our Software confidential. This will help prevent any potential unauthorized access to your account.
We comply with the laws and regulations related to both the length of time that we retain your electronic Personal Information and its proper destruction.8. Stopping Collection of Information
You can stop all collection of information by the Software by uninstalling the Software. You may use the standard uninstall processes as may be available as part of your computer or network. You can also request to opt-out via e-mail at email@example.com.
If you would like us to delete information that you submit, please contact us at firstname.lastname@example.org and we will respond in a reasonable time.9. Your Role in Protecting Your Personal Information
You have a role in helping us by safeguarding your personal information from others. For useful information for how to help protect your personal information, please visit the Federal Trade Commission’s websites (www.ftc.gov, www.ftc.gov/idtheft, and www.onguardonline.gov). Please be aware that you can also opt to protect your personal information by not volunteering it.10. Persons Using this Software Outside the United States
Last updated on: January 01, 2019
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