Privacy, Terms, Disclosures

Legal

Terms and conditions

Last Updated: March 19, 2024

Introduction Welcome to emoBenefits! These Terms and Conditions (“Terms”) govern your access to and use of the emoBenefits website, www.emobenefits.com, and any other related websites, applications, and services provided by emoBenefits, an insurance agency, with the managing partner, Horacio Sanchez (“emoBenefits,” “we,” “us,” or “our”). By accessing or using the emoBenefits website and its services, you agree to be bound by these Terms. If you do not agree with these Terms, you may not access or use the emoBenefits website or its services.

  1. Changes to the Terms emoBenefits reserves the right to modify or update these Terms at any time. Changes will be effective immediately for new users and thirty (30) days after posting notice for existing users. We will notify registered users of material changes via email. Your continued use of the emoBenefits website and services after any changes constitutes your acceptance of the modified terms.
  2. Collection and Use of Personal Information. Your use of emoBenefits services may involve the transmission of personally identifiable information. Our policies regarding the collection and use of such information are detailed in our Privacy Policy, available at [insert privacy policy link], which is incorporated by reference into these Terms.
  3. Insurance Services emoBenefits offers various insurance services, and products, that provide decision support related to insurance. The Services may also include the preparation of insurance quotes and the brokering of third-party insurance products. emoBenefits is a licensed independent insurance broker and/or agent. The current managing agent is Horacio Sanchez. National Producer Number: 8591689

The Services may also include our preparation of quotes and brokering and transacting of sales to you of third-party insurance products. We are a licensed independent insurance broker. We do not underwrite any insurance policy made available to you through the Services. Any insurance policy premium quotes or ranges displayed on the Site or through the Services are non-binding.

The final insurance policy premium for any policy is determined by the underwriting insurance company following application. Insurance products and their availability may vary by state and your individual circumstances and additional minimum coverage limits may be required in your state. The third-party insurance products offered for sale through the Site are only available in the jurisdictions in which we are properly licensed.

Your use of certain Services may require you to agree to additional terms and conditions or enter into separate agreements with us or applicable third-party insurance carriers. Any third-party insurance products purchased by you through the Site are subject to the terms and conditions of the applicable insurance carrier. In the event of a conflict between these Terms of Use and the terms of any such other terms, the terms of such other terms will control.

  1. Will and Estate Planning Services emoBenefits may provide self-help “fill in the blank” forms for wills, trusts, and estate planning documents. These services are not a substitute for legal advice, and emoBenefits does not provide legal representation. Users are encouraged to consult with an attorney for personalized legal advice.
  2. Tax, Financial, Legal, and Investment Advice emoBenefits, along with its agents and representatives, including the managing partner, Horacio Sanchez, does not offer tax, investment, or legal advice. Information provided through the emoBenefits platform, website, or other communication channels is intended for general informational and educational purposes only.Users are cautioned against relying solely on emoBenefits content for financial, investment, or legal decisions. Tax laws, investment regulations, and legal considerations are intricate and subject to change. Before making any decisions with potential tax or legal implications, users should seek advice from qualified tax professionals, financial advisors, and legal experts who can offer personalized guidance based on individual circumstances.emoBenefits makes no endorsement, recommendation, or guarantee regarding the accuracy, completeness, or timeliness of any information related to tax, investment, or legal matters. Any references to specific products, services, or strategies do not constitute endorsements, and users should conduct thorough research or seek professional advice before acting.Using emoBenefits services, platforms, or information does not establish a client or advisory relationship between emoBenefits and the user. Users should recognize that tax situations, investment goals, and legal considerations vary among individuals. Information provided by emoBenefits may not be suitable for everyone.emoBenefits and its agents or representatives explicitly disclaim any liability for direct or indirect loss or damage arising from reliance on information concerning tax, investment, or legal matters. Users are responsible for their decisions and should exercise diligence in evaluating and understanding the consequences of any financial or legal information provided through emoBenefits.
    1. Use of emoBenefits Properties: The emoBenefits website, services, and related content (collectively, “emoBenefits Properties”) are protected by copyright laws. Users are granted a limited license to reproduce portions of emoBenefits Properties for personal or internal business purposes. Users may not commercialize, modify, or exploit emoBenefits Properties without written permission.

    Updates. You understand that emoBenefits Properties are evolving. As a result, we may require you to accept updates to the emoBenefits Properties that you have installed on your computer or mobile device. You acknowledge and agree that we may update the emoBenefits Properties with or without notifying you. You may need to update third-party software from time to time in order to use the emoBenefits Properties.

    Forms. We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to create derivative works of, modify, reproduce, reverse engineer, enhance or in any way exploit any of the Forms, other than as permitted to complete the Forms for your own authorized use. You shall not alter or remove any copyright notice from the Forms. Notwithstanding the foregoing, you are licensed to download and print, for your personal records, electronic and physical copies of the Forms you produced through the emoBenefits Services. Any rights not expressly granted in these Terms of Services are reserved by us. The design, text, graphics and selection and arrangement of the Forms are copyright © emoBenefits. All rights reserved.

    Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the emoBenefits Properties, including but not limited to, a mobile device that is suitable to connect with and use the emoBenefits Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the emoBenefits Properties.

    emoBenefitsCommunications. By entering into these Terms of Use or using the emoBenefits Properties, you agree to receive communications from us, including via e-mail, text and/or SMS messages, calls, and push notifications, even if your number is on a do not call list. You agree that texts/SMS, calls or prerecorded messages may be generated by automatic telephone dialing systems. Standard text messaging charges applied by your cell phone carrier will apply to text and/or SMS messages that we send.

    Communications that you receive may include but not be limited to: operational communications concerning your Account or the use of the emoBenefits Properties, updates concerning new and existing features on the emoBenefits Properties, communications concerning promotions run by us or our third-party partners, and news concerning us and industry developments.

    IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY EMAIL hello@emobenefits.com OR CALL US AT 1-(602) 845-0765. YOU MAY ALSO RESPOND TO ANY PROMOTIONAL TEXT RECEIVED ON YOUR MOBILE DEVICE WITH THE WORD “STOP” TO OPT OUT OF PROMOTIONAL TEXTS. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE EMOBENEFITS PROPERTIES OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN EMAIL hello@emobenefits.com OR CALL US AT 1-(602) 845-0765. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL CALLS OR TEXTS MAY IMPACT YOUR USE OF THE EMOBENEFITS PROPERTIES OR RELATED SERVICES.

    8. Account Registration

    To access certain features on eMobenefits.com or one of our insurance carriers, users must become Registered Users. Registered Users agree to provide accurate and current registration information and are responsible for maintaining the confidentiality of their passwords and for all activities conducted through their accounts.

    You do not need to register with us to visit and view the site; however, to access certain password-protected areas and to use specific services, you must become a Registered User. A “Registered User” is someone who has registered for an account on the site (“Account”) or has an account with the provider of the app for their mobile device. To register for an account, you must provide your first name, last name, and email address. You warrant and represent that all registration information provided by you is truthful, accurate, current, and complete. You are required to update your registration information as necessary. All registration information and any other personal information provided to us through your use of the service is subject to the terms of our Privacy Policy.

    You must create a password for your account. You are solely responsible for the confidentiality of your password and for any use of the site or services made using your password. Your password should only be used by you, and you should not share it with any third party. You agree to monitor your account to restrict use by minors and accept full responsibility for any unauthorized use of the eMobenefits Properties by minors. You also agree to (y) notify us immediately of any unauthorized use of your password or any other breach of security and (z) exit your account at the end of each session.

    If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the eMobenefits Properties (or any portion thereof). You agree not to create an account using false identity or information or on behalf of someone other than yourself. You also agree not to have more than one account per platform at any given time. We reserve the right to delete or change any usernames or passwords at any time and for any reason upon notice to you. You agree not to create an account or use the eMobenefits Properties if you have been previously removed by eMobenefits or if you have been previously banned from any of the eMobenefits Properties.

    Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of eMobenefits.

    9. User-Generated Content

    Users are solely responsible for all content they upload, post, or transmit through eMobenefits Properties (“User Content”). eMobenefits has no obligation to store User Content and assumes no responsibility for its deletion, accuracy, or security.

    EXCEPT FOR EMOBENEFITS’ OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE EMOBENEFITS’ PRIVACY POLICY, EMOBENEFITS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS, OR PERSONALIZATION SETTINGS.

    10. Unsolicited Information

    Users agree that any unsolicited information provided to eMobenefits is non-confidential and non-proprietary. eMobenefits may use such information for any purpose, including reproduction and disclosure.

    11. Disclaimers of Warranties

    eMobenefits Properties are provided “as is” and “as available” without warranties of any kind. eMobenefits makes no warranty that the services will be uninterrupted, error-free, or secure.

    “As is”. YOU ACKNOWLEDGE AND AGREE THAT THE EMOBENEFITS PROPERTIES ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER EMOBENEFITS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS (EACH A “EMOBENEFITS PARTY” AND COLLECTIVELY THE “EMOBENEFITS PARTIES”) MAKE ANY WARRANTY THAT THE EMOBENEFITS PROPERTIES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. THE EMOBENEFITS PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, DEVICES, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, OR ANY CONTENT. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. INFORMATION AND OPINIONS RECEIVED VIA THE EMOBENEFITS PROPERTIES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

    THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. THE EMOBENEFITS PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF SERVICES.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH EMOBENEFITS PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE EMOBENEFITS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD EMOBENEFITS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

    Insurance Checkup Services.

    THE RESULTS OF THE PERSONAL INSURANCE CHECKUP, ANNUAL CHECKUPS, ARE BASED ON PRELIMINARY DATA PROVIDED BY YOU AND RECEIVED BY US. THE RESULTS ARE PROVIDED FOR YOUR PERSONAL INFORMATION AND EDUCATION ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE. YOUR INSURANCE NEEDS MAY DIFFER FROM WHAT IS DESCRIBED IN THE PERSONAL INSURANCE CHECKUP RESULTS, DEPENDING ON DETAILS WE DID NOT CAPTURE IN OUR PERSONAL INSURANCE CHECKUP QUESTIONNAIRE (INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF YOUR DEDUCTIBLES, THE TERMS OF YOUR EMPLOYER-PROVIDED INSURANCE COVERAGE, THE IDENTITY OF YOUR INSURANCE CARRIERS, AND YOUR HEALTH HISTORY). THE PERSONAL INSURANCE CHECKUP RESULTS SHOULD NOT BE INTERPRETED AS FINANCIAL ADVICE OR AS A RECOMMENDATION TO BUY OR FOREGO ANY INSURANCE PRODUCT, WITHOUT DOING FURTHER RESEARCH ON YOUR OWN OR WITH A FINANCIAL PROFESSIONAL. ALTHOUGH WE USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE RESULTS OF THE PERSONAL INSURANCE CHECKUP ARE ACCURATE, NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IS GIVEN WITH RESPECT TO THEIR ACCURACY OR WITH RESPECT TO THE ACCURACY OF ANY OTHER CONTENT.

    Other Insurance Products and Services. ANY AND ALL INSURANCE PRODUCTS QUOTED OR SOLD THROUGH THE SITE ARE THIRD-PARTY PRODUCTS AND ARE NOT OUR PRODUCTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS, AND WE ACCEPT NO LIABILITY IN CONNECTION WITH SUCH PRODUCTS. ALL SUCH PRODUCTS ARE PROVIDED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THE INSURANCE CARRIER PROVIDING SUCH PRODUCTS. ANY AND ALL QUESTIONS, CONCERNS, OR DISPUTES WITH ANY SUCH PRODUCTS SHOULD BE RAISED WITH THE INSURANCE CARRIER PROVIDING SUCH PRODUCTS AND NOT WITH US.

    12. Limitation of Liability

    To the maximum extent permitted by law, eMobenefits and its parties, directors, and stakeholders shall not be liable for indirect, punitive, or consequential damages. In no event shall eMobenefits’ liability exceed the greater of fees paid within the twelve months prior to the claim or ONE hundred dollars ($100.00).

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE EMOBENEFITS PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES, OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE EMOBENEFITS PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE FEES PAID BY YOU WITHIN THE TWELVE (12) MONTHS PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES; AND (C) FIVE HUNDRED DOLLARS ($500.00). ACCESS TO AND USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE EMOBENEFITS PROPERTIES IS TO STOP USING THE SAME.

    BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

    Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the EMOBRIDGE Properties (including any interactions with, or act or omission of External Sites). If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

    THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EMOBRIDGE AND YOU.

    13. External Sites

    eMobenefits may provide links to third-party websites (“External Sites”). eMobenefits is not responsible for the content of External Sites, and users access them at their own risk. The Site may contain links to third-party websites and applications, including, without limitation, the websites of the insurance carriers offering the third-party insurance products made available to you through the Services (“External Sites”). We provide these External Sites only as a convenience. We do not review, approve, monitor, warrant, endorse, control, or make any representations with respect to them, and we are not responsible for the content of any linked External Sites or any product or service provided in connection with them. When you click on a link to an External Site, we will not warn you that you have left the eMobenefits Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. You use all External Sites at your own risk. When you leave our Site, our Terms of Use and policies no longer govern. Before using any External Site, please refer to the terms of use and privacy policies of the External Site for more information.

    14. Consumer Complaints

    If you have any questions, complaints, or claims regarding the eMobenefits Properties, please contact us at: hello@emobenefits.com, with the subject line “Complaint Department.” We will do our best to address your concerns. If you feel that your concerns have not been adequately addressed, we encourage you to inform us for further investigation.

    If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

    15. Miscellaneous

    In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Indemnification, and the sections entitled “Indemnification,” “Disclaimers of Warranties,” “Limitation of Liability,” “Term; Termination,” “Unsolicited Information,” “Intellectual Property,” “Dispute Resolution,” and “Miscellaneous” shall survive the termination of these Terms of Use. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Arizona. To the extent the parties are permitted under these Terms of Use to initiate litigation in a court and except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in Phoenix, Arizona. These Terms of Use contain the entire agreement of the parties concerning the subject matter hereof and supersede all existing agreements and all other oral, written, or other communication between the parties concerning its subject matter. The eMobenefits Properties may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations.

    16. Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

    Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and eMobenefits and our employees, agents, successors, or assigns, regarding or relating to the eMobenefits Properties or these Terms of Use shall exclusively be settled through binding and confidential arbitration. The arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by these Terms of Use, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.

    You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

    YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.

    Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Phoenix, Arizona. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Phoenix, Arizona in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Phoenix, Arizona for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

    With the exception of subparts (1) and (2) in the above stated rules (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Agreement, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in the above-stated rules (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Phoenix, Arizona.

    Notwithstanding any provision in this these Terms of Use to the contrary, if we seek to terminate the Dispute Resolution section as included in these Terms of Use, any such termination shall not be effective until 30 days after the version of these Terms of Use not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided us with written notice prior to the date of termination.

    For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.com.

    Any and all controversies, disputes, demands, counts, claims, or causes of action between you and us and our employees, agents, successors, or assigns, regarding or relating to these Terms or the Site shall exclusively be governed by the internal laws of the State of Arizona, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use.

    You have the right to opt out of the provisions of this Dispute Resolution section by sending written notice of your decision to opt out to: hello@emobenefits.com, within 30 days after first becoming subject to this section. Your notice must include your name and address, your eMobenefits username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this section of the Terms of Use. If you opt out of this section, all other parts of these Terms of Use will continue to apply to you. Opting out of this section has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

    17. Intellectual Property

    The eMobenefits Properties contain material, such as text, graphics, images, and other material provided by or on behalf of us, and through your use of the Services, you will be provided with additional information from us, including, but not limited to, the results of the Personal Insurance Checkup; all of these materials and information are collectively referred to herein as the “Content.” The Content is owned by us or our licensors and is protected under both United States and foreign laws. The Content includes, but is not limited to, the trademarks, service marks, and logos that are used and displayed on the eMobenefits Properties, which are registered and unregistered trademarks or service marks of ours or our licensors. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in the eMobenefits Properties.

    You shall not:
    (i) use our trademarks, service marks, or logos without our written permission in each instance; (ii) copy or use the Content for any purpose other than your own personal use in accordance with these Terms of Use; (iii) remove any copyright or other proprietary notices contained in the original Content on any copy you make of the Content; (iv) sell, transfer, assign, license, sublicense, or modify the Content, or use the Content for any public or commercial purpose; or (v) use or post the Content on any other website or in a networked computer environment.

    We do not claim ownership of Your Content. However, when you, as a Registered User, post or publish Your Content on or in the eMobenefits Properties, you represent that you own and/or have all proper intellectual property, proprietary, and other applicable rights and licenses to use, post, and/or publish Your Content (in whole or in part) and/or to incorporate it into other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not eMobenefits, are responsible for all of the content that you Make Available on or in the eMobenefits Properties.

    Subject to any applicable account settings that you select, you grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the eMobenefits Properties to you and to our other Registered Users.

    18. Contact Information Address:

    eMobenefits, 19580 W Indian School Rd Ste 105, Buckeye, AZ 85396
    Telephone: (602) 845-0765
    Email: hello@emobenefits.com, subject line – legal

    END OF SECTION

Privacy commitment

Last updated: 3.19.2024

This Privacy Policy outlines how Emobenefits (“we”, “us,” or “our”) collects, uses, shares, and secures your personal information in connection with our website, mobile applications, and other digital properties linking to this Privacy Policy (collectively, the “Sites”), as well as how we provide the Sites, educational materials, insurance coverage estimates and quotes, insurance brokerage services, estate planning tools, and other services (the “Services”) more broadly. It encompasses information collected from and about you in connection with your use of the Sites and Services, as well as from other sources, such as over the telephone with our representatives or from third parties in connection with our Services, excluding External Sites (as defined below). By utilizing the Sites and Services, you consent to the data practices described in this Policy.

As providers of Services involving the use of personal – and sometimes sensitive – information, safeguarding the confidentiality of that information is paramount. We assure you that we will never sell your personal information, and we employ industry standard technical, physical, administrative, and organizational controls to ensure the security and confidentiality of your data.

Our Gramm-Leach-Bliley Act (“GLBA”) Privacy Notice pertains to personal information we collect, use, and share concerning offering you financial products or services (including insurance products and services), whether obtained through our Sites, over the telephone, from third parties, or by any other lawful means. Please refer to the GLBA Privacy Notice for information about your rights regarding the information collected in connection with seeking, applying for, or obtaining insurance products or services from us.

We reserve the right to modify this Privacy Policy at any time and undertake such steps as required by applicable law to notify you of any material changes. Your continued use of the Sites or Services subsequent to the update and notification signifies your consent to our updated policy.

I. How and Where We Collect and Use Your Information

You can access some of the Sites as a mere browser (referred to as a “Visitor”) or by utilizing the Sites and Services after creating and maintaining an account, such as when seeking, applying for, and/or purchasing one or more products through the Sites (referred to as a “Member”).

Additionally, you may become a Member by furnishing us with information (as detailed below) when seeking, applying for, and/or purchasing one or more insurance products over the telephone with one of our representatives.

In this Privacy Policy, both Visitors and Members may be referred to as “users,” “you,” or “your.” Please note that some of our Services are exclusively available to Members.

1. Sources of Information

The types and sources of personal information we collect vary depending on the Service utilized, your interactions with us and our Sites, and/or how you were referred to us. These may include:

Information provided directly by you, such as using our online tools, completing applications or forms, or engaging in transactions and communications with us, our representatives, or our business partners (e.g., through telephone conversations, emails, text messages, or chats).

Information obtained from third parties, including consumer, credit, and/or other reporting agencies; Referral Partners (as further described below); insurance carriers; and medical or healthcare providers.

Information generated through your interaction with our Sites, as well as from social networks or other third-party platforms you may use to access our Sites and Services (see “Establishing an Account” and “Social Features” below).

2. Types of Information We Collect and How We Use It:

For Site Users:

We gather “Usage Information,” which may encompass details about the technical mechanisms you employed to access the Sites, such as your browser and operating system type; the link that directed you to our Sites; data points aiding our analytics functions and informing us about your navigation within our Sites; particulars regarding your mobile device type and device ID; and your IP address.

The Usage Information is utilized to scrutinize, analyze, and enhance our Sites and Services, ensuring their smooth functionality across various technologies utilized by our Visitors and Members. Besides providing analytics concerning the demographics of our Sites users, we leverage your IP addresses to adhere to legal requirements applicable based on your location.

Newsletters:

Visitors and Members have the option to subscribe to email newsletters by furnishing their first and last name, along with their email address. We gather and utilize data concerning your interaction with Newsletter communications (e.g., whether you view or click on those communications).

Marketing:

In conjunction with our marketing campaigns, we gather and utilize data about your engagement with our marketing communications (e.g., whether you view or click on marketing emails) to ensure that the products and offers we inform you about are pertinent to your interests.

Email and Chat:

Visitors and Members can engage with us via email or chat on the Sites by providing their first and last name, as well as their email addresses. We utilize this information to deliver products and services tailored to your needs. Additionally, Members may share further personal information with us during chat or email interactions related to the Services. We may collect this data to facilitate the provision of Services, such as completing an insurance application.

Customer Surveys and Reviews:

We may invite you to participate in customer reviews and surveys. Should you choose to participate, we may request certain personal information. Participation in these surveys is entirely voluntary, and you have the option to disclose this information or not. Typically, the requested information includes your first and last name, contact details (such as email or address), and demographic information (such as zip code).

We utilize this information to assess our customer service quality, as well as to test and enhance our products, Sites, and Services. Subject to your consent, we may use your first and last name, along with your survey responses, on our Sites, in marketing materials, or on our social media platforms. Additionally, with your consent, we may share your information with a third-party service provider to assist in resolving issues or making improvements related to their services.

Establishing an Online Account:

You can create an online account on the Sites by providing your first and last name, along with your email address. When creating your account, you may need to set up a password (together with your name and email address, collectively referred to as “Login Credentials”). You may also choose to provide your telephone number during the account creation process. We may use your email address and telephone number to communicate with you regarding the Services and products you have requested.

Furthermore, you have the option to log in via a social network or other third-party platform (such as Facebook or Google). If you choose this method, we may collect information from the platform, such as your social network alias, email address, first and last name, country of residence, language preference, and profile picture. We will use this information as outlined in this Privacy Policy. Our collection and handling of the information obtained from third-party platforms are subject to the requirements imposed by these platforms in their respective terms and conditions. We encourage you to review the privacy policies of such third-party platforms to understand their information collection, use, and disclosure practices.

Getting Insurance Estimates

If you choose to use the Sites and Services to receive an insurance estimate, you will become a Member and will be required to provide us with additional personal information we use in connection with providing the estimate. This may include (depending on the type of insurance) your age, gender, zip code, marital status, employment status, risk tolerance, living situation details, property and vehicle ownership information, family information such as number of children and number of pets, whether you are a homeowner or a renter, your income, amounts of your savings and debts, and general details about your current insurance coverage (collectively, “Estimate Information”), as well as contact information including your first and last name, email address, and telephone number (“Contact Information”).

If you choose to access the Services, receive an insurance estimate, and become a Member over the telephone, you will need to provide the Estimate Information and Contact Information to one of our representatives over the telephone.

We use the Estimate Information to return results to you that assess your current coverage and/or provide recommendations for insurance products. We use the Contact Information to contact you regarding insurance products and Services.

Getting Quotes & Applying for Insurance

To get an insurance quote and apply for an insurance policy, in addition to the Estimate Information described above, you may need to supply additional information, such as your date of birth, gender, occupation, social security number, address, smoking status, height and weight, family medical history, health history, driving history, and your citizenship status (collectively with Estimate Information, “Application Information”).

“Account Information” will include your Login Credentials, together with your Estimate Information, Contact Information, and Application Information.

Banking and Credit Card Information

If you submit a credit card payment through our Services, for example, to purchase insurance coverage, we do not store credit card information on our own servers or associate it with your Account Information for any purpose other than completing your purchase.

If you submit bank account information, for example, purchase insurance coverage, that bank information is stored on our servers in encrypted form and is accessed and used to complete your insurance application or purchase.

If you submit credit card or other payment information via DocuSign, or a service similar to it, it will be temporarily stored in encrypted form on DocuSign’s servers, and we will use the payment information to securely transmit your payment information to the carrier.

Carrier and third-party services have their own banking and credit card information disclosures. It is up to the individual or companies to review them.

Policy Information

If you apply for insurance, we may collect information about your application or policy from the insurance carrier, for example, your policy or application status, payment information, claim information, or Application Information provided directly to the carrier. The Policy Information is used to service your insurance application and/or policy and to provide you with the Services and products you have requested.


Other Uses of Personal Information on our Sites and Services

In addition to the above, we may use your personal information to:

  • Otherwise provide, improve, maintain, or optimize the Services;

  • Help underwrite and provide accurate insurance premium rate quotes;

  • Provide insurers with the required information for applications;

  • Provide or offer other financial and consumer products and services from partners with whom we have entered into a joint marketing or affiliate agreement;

  • Provide, maintain, and improve customer service;

  • Tailor your experience with the Services to your interests;

  • Develop and improve the Sites and the Services;

  • Respond to your inquiries;

  • Communicate with you regarding the insurance products that you purchased through the Sites as well as other products and services that may be of interest to you; and

  • In addition, we may aggregate your personal information with our other users’ personal information and use that information for benchmarking and analysis purposes.

  • Provide personal information to third-party websites in order to provide an insurance quote or start coverage

Use of Personal Information for Compliance and Protection

We may use your personal information to:

  • Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;

  • Protect our, your or others’ rights, privacy, safety, or property (including by making and defending legal claims);

  • Audit our internal processes for compliance with legal and contractual requirements and internal policies;

  • Enforce the terms and conditions that govern the Services; and

  • Prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft.

Cookies and Online Tracking Technologies

Our Sites use technologies such as cookies, beacons, tags, and scripts, to analyze trends, administer our Sites, track users’ movements around our Sites, and gather demographic information about our user base.

Cookies are small pieces of software or text placed on your computer when you visit a website. They are used to store information on web browsers and to store and receive identifiers and other information on computers, telephones, and other devices. They may include data we store on your web browser or device, identifiers associated with your device, and other software. In this Privacy Policy, we refer to all these technologies that store or reference data on your device as “cookies.” If you visit from a mobile device, we may reference your device identifier or other information about where your visit originated. Certain cookies used on our Sites last for ninety or more days.

We use cookies to:

  • Recognize you on return visits and, if you have an account – expedite the login process, help verify and authenticate your account, and help detect fraud;

  • Show ads and make recommendations for products and services;

  • Measure the performance of ad campaigns;

  • Serve and measure ads across different browsers and devices; and

  • Conduct web analytics on the usage of our Sites and Services.

Web beacons (also sometimes called “clear GIFs,” Pixel tags, or action tags) are small files stored and/or served on a website, app, advertisement, or in an email that collect, track, or transmit data point back to us or to a third party. For example, we use a web beacon to assess whether an email message has been opened.

We use web beacons to facilitate advertising and functionality on our Sites, as well as:

  • Associate our users with the reports they provide about satisfaction with our Sites and Services;

  • Administer and monitor email campaigns;

  • Analyze the portions of our Sites that are used most often by our Visitors, as well as how visitors interact with our Sites;

  • Perform testing on our Sites;

  • Optimize interaction with our data stores;

  • Improve the functionality and usefulness of our support and support chat functions;

  • Analyze the efficacy of our own advertising campaigns;

  • Customize the content displayed to you on our Sites and Services;

  • Organize and administer other web beacons and cookies on our Sites;

  • Conduct web analytics on the usage of our Sites and Services; and

  • Enable, improve, and effect targeted and re-targeted advertising for our advertising partners on both our Sites and their third-party sites such as Facebook.

In some cases, the above web beacons’ functions may be performed by custom HTML in our Sites’ code.

We may use cookies and/or web beacons to track if, and when, a user abandons a purchase before it is complete and attempt to re-engage that user for the same or a similar purchase, as well as making offers for related purchases to that user.

To learn more about how to opt-out of certain cookies and tracking technologies, see the Online Tracking Opt-Out Guide section below.

Web browser do not track (DNT)  Some web browsers may transmit “do-not-track” signals to websites with which the browser communicates. We do not currently have the ability to recognize Do Not Track signals. You can learn more about Do Not Track signals at https://allaboutdnt.com/ 

When We Share Specific Information

We may share your information with:

  • Insurance Carriers – We may share personal information, including Application Information, to obtain quotes and submit and process insurance applications. This includes quote engines, like Insxcloud.com.

  • Service Providers and Contractors – We may share your personal information with service providers for the purpose of providing you the Services. Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, analytical data. These companies may access your personal information for the purposes of providing services for us.
  • Referral Partners –  If you were referred to us by a business partner (such as another financial services company or another insurance agent or broker), or submitted a request for quotes or an application for insurance through a business partner, we will share your information, including Application Information, with that business partner as necessary to honor the terms of our agreement with that business partner and to provide you the requested products and services.  For example, if you were referred to us by a mortgage provider because you need homeowners insurance in connection with a mortgage application, we may, under the terms of our agreement with that partner, share information about the status of your application, your policy number when issued, and other information about your policy.

2. When We Share Information Generally

We share the information we collect generally:

1. For Marketing Purposes: We may share your information for marketing purposes pursuant to joint marketing arrangements. If you no longer wish to receive our marketing communications, you can opt out at any time by contacting us at hello@emobenefits.com with the subject line “unsubscribe,” or by using the unsubscribe link provided in any of our communications. If you want to opt out of receiving marketing communications from our joint marketing partners, you’ll need to opt out directly with those partners.

2. With Certain Third-Party Vendors: We may share your information with certain third-party vendors who help us administer the Sites and/or Services. This includes vendors who store and host our content or your data, perform analytics on our Sites and Services, and provide operational and marketing assistance to us.

3. Through Your Requests: We may share certain information with third parties at your request, such as through your use of social media widgets or login integrations.

4. With Marketing-Related Business Partners: We may share information with marketing-related business partners to gather insights about your interactions with our products and services, enabling us to better advertise to you and customize our offerings.

5. With Corporate Affiliates: We may share information with corporate affiliates, including parent companies, subsidiaries, joint ventures, or other entities under common control with us.

6. With Counterparties in Corporate Events: In the course of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, some or all of the personal information we hold may be part of the transferred assets.

7. As Required by Law: To the extent permitted by law, we may disclose information when required by law, in response to a court order or other government or law enforcement authority, or whenever we believe that disclosing such information is necessary or advisable to protect our rights, property, or safety, or that of others.

Social Features

Certain features of the Services allow you to initiate interactions between the Services and third-party services or platforms, such as social networks (“Social Features”). These Social Features enable you to click and access our pages on certain third-party platforms, like Facebook and Twitter/X, or other social platforms, and interact with content on those platforms by liking, sharing, or performing equivalent actions.

When you use Social Features, it may involve the collection and/or use of information about you by third parties, which will be governed by the privacy policies of those platforms. Any information you post or make accessible through Social Features may be publicly displayed by the third-party service you are using. Both we and the third party may have access to information about you and your use of both the Services and the third-party service.

How We Secure Your Information
We maintain commercially reasonable administrative, physical, and technical safeguards designed to prevent any unauthorized use, access, destruction, loss, alteration, or disclosure of your data.

While we take commercially reasonable steps to protect your data we cannot guarantee perfect security – no internet-based service can. No security system is impenetrable. Despite our security measures, we cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet.

Users From Outside The U.S.
EmoBenefits provides its Sites and Services for use by U.S. residents, and U.S. law, and not the laws of other countries, govern these Sites and Services. If you are visiting the Sites or any of the Services, your information will be maintained in the U.S. and in other locations where we may process data. EmoBenefits only conducts business where they are licensed.

By default, we disable the submission of personal information to our Sites from users using European Union and United Kingdom IP addresses, regardless of whether the user is an E.U. or U.K. citizen or using a VPN device. If you need access to your account and are using an E.U. or U.K. IP address, please email hello@emobenefits.com with (i) a description of the access and/or help you need, and (ii) an express consent to use any personal information in our possession to respond to your request. Please use the subject line – UK Access.

Children
We do not knowingly collect personal information from children under the age of 13. If you are under 13, please do not give us any personal information and do not use the Sites or Services. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us immediately, and we will delete that information from our databases.

However, we do collect information for anyone looking to get insurance coverage, regardless of age. A parent, guardian, or allowed individual can apply for coverage for a minor.

Job Applicants
When you visit the careers portion of our Sites, we collect information that you provide to us in connection with your job application. This includes business and personal contact information, professional credentials and skills, educational and work history, and other information of the type that may be included in a resume. This may also include diversity information that you voluntarily provide. We use this information to facilitate our recruitment activities and process employment applications, such as by evaluating a job candidate for an employment activity, and monitoring recruitment statistics. We may also use this information to operate and improve the Services, and as otherwise necessary for compliance, fraud prevention, and safety purposes.

External Sites
The Sites may contain links to third-party websites, including, without limitation, the websites of the insurance carriers offering the third-party insurance products made available to you through the Services (“External Sites”), but we do not endorse, and we are not responsible for the content of any linked External Sites or for the privacy practices of the third parties that own and operate such sites. Before using any External Site, please refer to the terms of use and privacy policies of the External Sites for more information, as those terms and policies govern your use of such External Sites.

How to Opt-Out
If you wish to opt-out of the use of your personal information by our Services, we are happy to assist you. Please email us at hello@emobenefits.com – subject line: opt-out, and let us know what you wish to opt-out of. Please be advised that certain uses and sharing of your information may be required to continue providing certain Services to you, and that you will not be entitled to any refund if your removal of personal information will make certain prepaid Services unavailable to you.

Please note that under certain federal regulations, including the GLBA, you may not be able to opt out of the use and sharing of your personal information, in connection with seeking, applying for, or obtaining insurance products or services from us. For more information on such financial products, and our data practices, please review our GLBA Privacy Notice.

Additional Information For California Residents
If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act of 2018, as amended (the “CCPA”)).

Certain federal and state financial regulations, including the GLBA, the California Financial Information Privacy Act (“FIPA”), and certain federal and California health privacy laws govern the information you have provided in seeking, applying for, and/or obtaining insurance products or services, and that information is therefore not subject to the CCPA. Because of this, in this section of our Privacy Policy, we provide disclosures and information for California residents regarding the limited personal information we collect that is subject to the CCPA.

California residents who have established business relationships with us may choose to opt out of us sharing their personal information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your personal information to third parties for their direct marketing purposes, please send an email to hello@emobenefits.com – Subject line: CA Opt-Out.

In the preceding twelve (12) months, we collected and disclosed the following categories of personal information about Visitors or Members who are California residents:

Category

Examples

Collected?

Categories of Recipients Disclosed for a Business Purpose

Identifiers

First and last name, postal address, email address, IP address, mobile device ID, driver’s license number, social security number, date of birth.

Yes

• Service providers who process information on our behalf

• Third-party advertising partners

• Third-party partners, such as social media networks (name, email, zip code, and date of birth only)

• Insurance Carriers – Referral Partners

Personal information categories listed in the California Customer Records statute

First and last name; signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, employment history, medical information, insurance policy number, bank account number

Yes

• Service providers who process information on our behalf

• Third-party advertising partners

• Insurance Carriers

• Referral Partners

Protected classification characteristics under California or federal law

Race, gender, age, marital status, disability

Yes

• Service providers who process information on our behalf

• Insurance Carriers

• Referral Partners

Commercial information

Personal property information

Yes

• Service providers who process information on our behalf

• Insurance Carriers

• Referral Partners

Biometric information

Voice recordings

Yes

• Service providers who process information on our behalf

• Insurance Carriers

Internet or other similar network activity

Cookies and information on a users interaction with the Site, device ID, other device information.

Yes

• Service providers who process information on our behalf

• Third-party advertising partners

• Third-party partners, such as social media networks

Geolocation data

IP address and mobile device ID

Yes

No

Sensory data

Telephone communications, voice recordings.

Yes

• Service Providers who process information on our behalf

• Insurance Carriers

Professional or employment-related information

Title of profession, employer, income, employment history

Yes

• Service providers who process information on our behalf

• Third-party advertising partners

• Insurance Carriers

• Referral Partners

Purposes for Collection, Use, and Sharing. We use and disclose the personal information we collect for our commercial purposes, as further described in this Privacy Policy, including for our business purposes:

  • Auditing related to our interactions with you;

  • Legal compliance;

  • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and necessary prosecution;

  • Debugging;

  • Performing services (for us or our service provider);

  • Internal research for technological improvement;

  • Internal operations;

  • Activities to maintain and improve our services; and

  • Other one-time or short-term uses

California Residents’ Privacy Rights. Except as excluded above or limited below, the CCPA grants California residents the following rights to Request:

  • Information. You can request information about how we have collected, used and shared your Personal Information during the past 12 months. We have made this information available to California residents without having to request it by including it in this Privacy Policy.

  • Access. You can request a copy of the personal information that we maintain about you.

  • Deletion. You can ask us to delete the personal information that we collected or maintain about you.

Please note that there are various lawful reasons why we may not be able to delete your data or may be required to hold certain personal information — for instance, (i) where we must comply with legal, regulatory, or other requirements, (ii) in case of exercising or defending legal claims, and/or (iii) where regulatory or contractual retention periods apply.

Please note that the CCPA limits these rights by, for example, prohibiting us from providing certain sensitive information in response to an access request and limiting the circumstances in which we must comply with a deletion request. If we deny your request, we will communicate our decision to you.

Timing. We will respond to Requests within 45 days of receiving your request unless we need more time, in which case, we will notify you and may take up to 90 days total to respond to your request.

We will not discriminate against you for exercising these rights.

How to Submit a Request. To request access to or deletion of personal information:

Identity verification. The CCPA requires us to verify the identity of the individual submitting a request to access or delete personal information before providing a substantive response to the request.

Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization confirming that authority and are required to verify their identity.

We do not sell personal information.

As we explain in this Privacy Policy, we use cookies and other tracking technologies to analyze traffic on our Sites and facilitate advertising. If you would like to learn how you may opt out of our (and our third-party advertising partners’) use of cookies and other tracking technologies, please review the instructions provided in the Online Tracking Opt-out Guide.

Online Tracking Opt-Out Guide

Like many companies online, we use services provided by Google, Facebook, and other companies that use tracking technology. These services rely on tracking technologies – such as cookies and web beacons – to collect directly from your device, information about your browsing activities, your interactions with websites, and the device you are using to connect to the Internet. There are a number of ways to opt-out of having your online activity and device data collected through these services, which we have summarized below:

  • Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.

  • Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

  • Using privacy plug-ins or browsers. You can block our Sites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy BadgerGhostery or uBlock Origin, and configuring them to block third party cookies/trackers.

  • Platform opt-outs. The following advertising partners offer opt-out features that let you opt-out of use of your information for interest-based advertising:

  • Google: https://adssettings.google.com

  • Facebook: https://www.facebook.com/about/ads

  • Twitter: https://twitter.com/personalization

  • Advertising industry opt-out tools. You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:

  • To opt out of tracking by Google Analytics, click here.

Contact Us
If you have additional questions or would like more information regarding our information collection, use of information, or disclosure practices, please feel free to contact us

Address: emoBenefits.com, 19580 W Indian School Rd Ste 105, Buckeye, AZ 85396

Telephone: (602) 845-0765

Email: hello@emobenefits.com, subject line – privacy policy

END OF DOCUMENT

Disclosures

We're not a law firm, tax advisor, or investment advisor

Emobenefits is not a law firm, tax advisor, or investment advisor. We provide access to self-help services at your direction. We do not provide legal, tax, or investment advice or representation. This service and our forms are provided for your personal use and are not a substitute for the advice or services of a qualified lawyer, tax consultant, or investment advisor. Communications between you and Emobenefits are governed by our Privacy Policy but are not protected by the attorney-client privilege or similar protections. Your access to and use of Emobenefits is subject to our Terms of Service.

We're not an insurance company

Emobenefits is not an insurance company. We are a benefits and insurance brokerage firm. We provide access to insurance products and services through various insurance carriers and providers. We do not underwrite insurance policies or assume any insurance risk. Our role is to assist individuals and businesses in finding and obtaining suitable insurance coverage tailored to their needs. Communications between you and Emobenefits are governed by our Privacy Policy. Your access to and use of Emobenefits is subject to our Terms of Service.

    Web accessibility

    Emobenefits is dedicated to ensuring equal access to our products and services for all individuals, regardless of their technology or abilities.

    We are dedicated to ensuring that our websites and digital assets are accessible to all individuals to the best of our abilities. Despite our diligent efforts, we recognize that there may be areas where we fall short of this objective. Therefore, we actively encourage feedback from our users to help us pinpoint areas for improvement.

    By utilizing our website, services, or products, you agree to provide us with a 90-day notice should you encounter any accessibility issues before pursuing any legal action. This approach demonstrates our commitment to resolving any concerns in good faith and ensuring accessibility for all users. Your feedback is crucial in enabling us to uphold our dedication to inclusivity, and we deeply appreciate your cooperation and assistance in this endeavor.

    If you encounter any difficulties accessing content or using features on any Emobenefits website or digital asset due to a disability, our licensed sales agents are available to assist you. You can reach out to us by emailing hello@emobenefits.com or calling us at (602) 845-0765 for prompt assistance.

    To help us assist you effectively, please provide the following information:

    1. Description of your accessibility issue
    2. Preferred format for receiving the material
    3. Web address or location of the content you’re trying to access
    4. Your contact information

    Security

    EmoBenefits employs industry-standard tools and controls to maintain the confidentiality and security of customer data both during transmission over the internet and while stored in our systems. We also rely on our insurance partners to do their part in securing your personal information.

    How we make money - compensation disclosure

    As an independent insurance broker, EmoBenefits operates under the umbrella of an insurance agency to meet state requirements and ensure transparency in our operations. We receive commissions from insurance companies for each sale, which are already incorporated into the price of the insurance policy. Our compensation may vary depending on factors such as the type and size of the product, the insurer, and the volume of business we conduct with them.

    If you’d like to know the commission we would earn on a specific insurance policy available in our marketplace, please don’t hesitate to ask. We believe in transparency and are here to ensure you have all the information you need to make informed decisions about your insurance coverage.

    HIPAA insurance information

    Below are our trusted partners, Combined Insurance, a notice of privacy practices as required by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) in addition to the HIPAA Transaction Standard Companion Guide. Emobenefits and its subsidiaries, also follow the guidelines as established by Combined Insurance and our other trusted financial partners.

    The HIPAA EDI Transaction Standard Companion Guide explains the procedures necessary for Trading Partners of Combined Insurance to transmit Electronic Data Interchange(EDI) transactions.

    This HIPAA health insurance Companion Guide is not intended to replace the X12N Implementation Guides; rather it is intended to be used in conjunction with them. Additionally, the Companion Guide is intended to convey information that is within the framework and structure of the X12N Implementation Guides and not to contradict or exceed them.

    This HIPAA insurance notice describes how certain medical information about you may be used and disclosed as well as your rights regarding this information.

    HIPAA Policy (English)
    HIPAA Policy (Spanish)

     

    New York Residents / Policyholders
    HIPAA Policy (New York – English)
    HIPAA Transaction Standard Companion Guide
    HIPAA Policy (New York – Spanish)

    State disclaimers

    This website is operated by Emobenefits or one of its subsidiaries and is not the Health Insurance Marketplace® website. In offering this website, Emobenefits is required to comply with all applicable federal law, including the standards established under 45 CFR §155.220(c) and (d) and standards established under 45 CFR §155.260 to protect the privacy and security of personally identifiable information. We do not offer major medical/catastrophic health insurance products currently directly from the Federal Marketplace. Please speak with an EmoAdvisor to see if this has changed.

    This website may not display all data on Qualified Health Plans being offered in your state through the Health Insurance Marketplace® website. To see all available data on Qualified Health Plan options in your state, go to the Health Insurance Marketplace® website at HealthCare.gov.


    Legal Notices

    General Notice Concerning Fraud

    Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any material fact thereto, commits a fraudulent insurance act, and may be subject to fines, restitution, or confinement in prison, or any combination thereof.

    The specific fraud warnings listed below are applicable in the following states that we are currently licensed in: Arizona, and Kansas. If you are located in one of these states, please take time to review the appropriate warning prior to submitting your application or claim.

    INFORMATION PROVIDED ABOUT OTHER STATES IS DONE AS A COURTESY AND IS NOT INTENDED TO BE A SOLICITATION OF INSURANCE AS WE ARE NOT LICENSED IN THOSE STATES.

    ALABAMA: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution, fines, or confinement in prison, or any combination thereof.

    ALASKA: Any person who knowingly and with intent to injure, defraud, or deceive an insurance company files a claim containing false, incomplete, or misleading information may be prosecuted under state law.

    ARIZONA: For your protection, Arizona law requires the following statement: Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties.

    ARKANSAS: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

    CALIFORNIA: For your protection, California law requires the following statement: Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.

    COLORADO: It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.

    DELAWARE: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony.

    DISTRICT OF COLUMBIA: WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant.

    FLORIDA: Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.

    INDIANA: A person who knowingly and with intent to defraud an insurer files a statement of claim containing any false, incomplete, or misleading information commits a felony.

    KENTUCKY: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or a statement of claim containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime.

    LOUISIANA: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

    MAINE: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.

    MARYLAND: Any person who knowingly and willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

    MINNESOTA: A person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime.

    NEW HAMPSHIRE: Any person who, with a purpose to injure, defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is subject to prosecution and punishment for insurance fraud, as provided in RSA 638:20.

    NEW JERSEY: Any person who knowingly files a statement of claim containing any false or misleading information is subject to criminal and civil penalties.

    NEW MEXICO: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties.

    NEW YORK: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.

    OHIO: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.

    OKLAHOMA: WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.

    OREGON: Any person who knowingly and with intent to defraud or solicit another to defraud an insurer: (1) by submitting an application, or (2) by filing a claim containing a false statement as to any material fact thereto, may be committing a fraudulent insurance act, which may be a crime and may subject the person to criminal and civil penalties.

    PENNSYLVANIA: Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false, incomplete, or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and a fine of up to $15,000.

    RHODE ISLAND: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

    TENNESSEE: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.

    TEXAS: Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.

    VIRGINIA: It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.

    WASHINGTON: It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines, or denial of insurance benefits.

    WEST VIRGINIA: Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.

    New York Notice of Protection for Victims of Domestic Violence
    New York Insurance Law Section 2612 affords important protections for victims of domestic violence. This Law prohibits an individual, insurer, or entity supervised by the New York Department of Financial Services, from undertaking any of the following actions solely because a person is or has been a victim of domestic violence: (i) refuse to issue or renew, deny or cancel any insurance policy or contract; (ii) demand or require a greater premium or payment from any person; (iii) designate domestic violence as a preexisting condition, for which coverage will be denied or reduced; or (iv) fix any lower rate or discriminate in the fees or commissions of agents or brokers for writing or renewing such a policy. Under no circumstances may the fact that a person is or has been a victim of domestic violence serve as an underwriting criterion.

    The description of New York Insurance Law Section 2612 provided above is only a summary of the law. The complete text is available on the New York State Legislature’s website.

    The New York State Office for the Prevention of Domestic Violence’s website has additional information and resources. To contact the New York State Domestic and Sexual Violence Hotline, please call (800) 942-6906.

    These state disclaimers are posted as a courtesy. It is up to the individual policyholder to know their local laws. We try to keep them updated, but new laws are updated frequently. Please check with your local state commissioner if you have any questions.

    License Info

    Current license info as of 3.19.24

    Individuals or entities engaged in selling, soliciting, or negotiating insurance transactions are typically required to obtain licenses in each state where they operate, known as insurance producers. Below is a summary of our licensure status on a state-by-state basis.

    All insurance solicitations and applications are facilitated through Emobenefits, operating under various brand names. Horacio Sanchez, NPN:  8591689, serves as the Managing Partner and Designated Responsible Licensed Producer, with a licensure status outlined below.

    Due to regulatory restrictions, certain Products and Services described on this website may not be available to all users. Additionally, the availability of Products and Services may vary by jurisdiction and may not be offered by all Emobenefits entities.

    Unless explicitly stated otherwise, the information provided on this website does not constitute an offer to sell or a solicitation to buy any insurance product or service. No insurance product or service will be offered or sold by Emobenefits in any jurisdiction where such offer or solicitation would be unlawful.

    Please reach out to a designated Emobenefits representative to inquire about the availability of Products and Services in your jurisdiction.

    This website does not solicit insurance sales in any jurisdiction where Emobenefits or its subsidiaries are not licensed.

    Managing Agent/Director: Horacio Sanchez, NPN: 8591689

    LICENSED STATES & NUMBERS

    National Producer Number: 8591689

    Arizona License Number: 8591689

    Kansas License Number: 8591689

    Carrier Information
    As an insurance broker, we partner with various insurance carriers to find the best fit for your financial needs. For information about a specific carrier, email us at hello@emobenefits.com with the subject line “CARRIER INFORMATION.”