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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.
Please read these Terms of Use (“Terms”) carefully before using the Software. In these Terms, “us”, “we” and “our” refer collectively to Trionfo. Your access to and use of the Software are conditioned on your acceptance and compliance with these Terms. If you disagree with any part of the Terms then you may not access or use the Software.
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.
User Responsibilities
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:
User Prohibitions
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.
Our Responsibilities
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.
Third Parties
The Software may display information from or links to third parties. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third parties. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage of loss caused by or alleged to be caused by or in connection with use of or reliance on any such content, privacy policies, or services available through any such third parties. We strongly advise you to read the terms of use and privacy policies of any third party services that you wish to engage.
Ownership and Intellectual Property Protection
All right, title and interest in the content (including software, text and images) and other intellectual property (including trademarks, service marks and copyrights) of this Software are solely and exclusively the property of Trionfo or their respective licensors, and are protected by intellectual property laws. You acknowledge that content available through the Software, including, without limitation, content of third parties, is protected by copyright, trademark, patent or other intellectual property rights and laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive rights to, any intellectual property or other right and any goodwill associated therewith. All rights not granted in these Terms of Use are reserved to Trionfo and their licensors.
Privacy Statement
Privacy and Security is important to us, so we want you to understand what information is collected, how it is collected, how it is shared, and how it is kept secure when you use the Software. Please review our Privacy Policy, which can be found at www.trionfo.com before using our Software. Our Privacy Policy is part of and incorporated into these Terms.
Children’s Privacy
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
The Terms of Use (including the Privacy Policy) and your use of the Software are governed exclusively by the laws of the State of Illinois, without reference to its rules regarding choice of law.
Survival
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.
Entire Agreement
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.
Termination
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.
Changes to the Terms of Use or Privacy Statement
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.
Contact Us
If you have any questions or concerns about the Terms of Use or Privacy Policy, you may contact us at privacy@trionfo.com
Last updated on: January 01, 2019
Your privacy is important to us. Our Privacy Policy (“Privacy Policy”) governs use of our software (“Software”) and generally describes how we collect, share, use, and protect the information we collect when you use our Software. This Privacy Policy is effective as of 10/5/2015.
The terms “we,” “our” and “us” in this Privacy Policy mean Trionfo Solutions, LLC. The terms “you” and “your” refer to all users of the Software. “Computer” means any personal computer, client computer, server computer, mobile device, communication device or any other device or system capable of accessing, communicating with, and/or using the Software or associated services.
By entering the home page of the Software through a computer and clicking on “I Agree,” you are consenting to our collection of your information as set forth in the Privacy Policy and as amended by us.
1. Information We CollectWhen 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.
For example, we use cookies and tags to gather information about how individuals use and navigate our Software. The data collected from cookies and tags are used to recognize repeat users and track usage patterns. Specifically, we use “cookies,” which are small pieces of information sent by a web server and stored by a user’s web browser. Cookies allow the web server to maintain an active “session” with an individual user and track what tools users are accessing via our Software. If you reject the cookies, you will only be able to view our Software. By clicking “I Agree” and accessing our Software, you consent to our receiving and collecting this information.
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 UsDuring 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. ChildrenWe 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 privacy@trionfo.com. 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 WebsitesOur 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 PartiesWe 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 InformationIn addition to those discussed in this Privacy Policy, we may use and share your information, including personal information, without limitation, in the following manner:
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 disclosed in other applicable policies, terms of use, or other agreements; or
As permitted or required by law or as authorized by you.
7. Security and StorageWe 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 InformationYou 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 privacy@trionfo.com.
If you would like us to delete information that you submit, please contact us at privacy@trionfo.com and we will respond in a reasonable time.
9. Your Role in Protecting Your Personal InformationYou 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 StatesIf you reside outside the United States., any information you provide to us by accessing our Software or otherwise will be transferred from your country into the United States. If you do not want your personal information to leave your country, do not provide the information to us. By providing information, including personal information, to us, you explicitly consent to the transfer of your information to the U.S.
11. Changes to our Privacy PolicyWe may make changes to our Privacy Policy from time to time. When we change the Privacy Policy in a material way, a notice will be placed at our website along with the changed Privacy Policy. It is your responsibility to review this Privacy Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often. Your continued use of our Software constitutes your acceptance of any amendments to and the most recent versions of this Privacy Policy.
12. Questions or CommentsIf you have any questions or concerns about the Terms of Use or Privacy Policy, you may contact us at privacy@trionfo.com
Last updated on: January 01, 2019
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