TapSafe Terms of Service & Privacy Policy

TERMS OF SERVICE

ACCEPTANCE OF THE TAPSAFE TERMS OF SERVICE
Please review this Terms of Service agreement (“Agreement”), as it constitutes an agreement between you (“user”, “you” or “your”) and AmTrust Financial Services, Inc. (“AmTrust”) with respect to your use of TapSafe, and AmTrust’s software, services, website and applications (“services”). By using the services and/or clicking the “Click to Accept” button you agree to be bound by each of the terms and conditions set forth herein.

ADDITIONAL TERMS
In addition to these Terms of Service, the following additional terms apply to your use of the services. By using the services, you agree to be bound by these additional terms which are incorporated herein by reference (collectively the “additional terms”):

Privacy Policy, which describes AmTrust’s policies with respect to the collection, use, and disclosure of personal information from you; and

EULA, which governs your use of software applications you may obtain from AmTrust; and
Any additional terms or conditions AmTrust may supply from time to time.

Definitions
Services
Compliance with Laws
User’s Obligations, Representations, And Warranties
Disclaimer of Warranties
Limitation of Liability, Indemnification, Governing Law, Arbitration
Term and Termination
Marketing
Miscellaneous

DEFINITIONS
The following capitalized terms will have the meanings set forth below for purposes of this Agreement:

“USER” shall mean the person, of legal age, or entity, and such person represents they are authorized to act on their behalf and on behalf of their respective company, and with whom AmTrust entered into this Agreement for use of TapSafe, including said User’s agents, employees, consultants, officers, directors, advisers, and shareholders, if any.

“AMTRUST” shall mean AmTrust Financial Services, Inc. including its agents, employees, officers, directors, advisers, and shareholders.

“AGREEMENT” shall mean AmTrust’s Terms of Service, and the additional terms, including any executed exhibits or attachments set forth at the AmTrust web site which are incorporated herein by this reference at www.AmtrustGroup.com.

SERVICES
Services: AmTrust will provide User with services in accordance with the terms and conditions of this Agreement.
Intellectual Property: AmTrust retains all rights to its intellectual property related to TapSafe.

COMPLIANCE WITH LAWS
User’s Obligations to Comply with Laws: User shall abide by and not use AmTrust’s products or services in violation of any local, state and U.S. federal laws and regulations or other country or local law where User conducts business. User shall not engage in hacking or attempting to gain unlawful access to computer systems, slander, libel, and/or the transmission of threats or harassment. User warrants and represents that User will not (i) infringe or violate the rights of any third party including, but not limited to, intellectual property rights, patents, copyrights, trademarks, and trade secrets; and (ii) send, receive or use any materials or documents which are defamatory or obscene; and (iii) violate any rights of privacy or publicity.

Jurisdiction and Venue: All matters relating to this this Agreement or the Services and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) (a “Claim”), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any such Claim shall be instituted exclusively in the state or federal courts located in the city of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Compliance with Requests for Information: AmTrust will provide User information requested, if such information is sought via subpoenas, court orders or similar written requests from governmental regulators and/or entities, and agencies regarding User and User’s use of AmTrust services. AmTrust will notify User in writing of any such request prior to providing any information regarding User to allow User sufficient time to respond to the request, unless such notice is prohibited by law. User shall not pursue any claim against AmTrust with regard to the disclosure of any such information.

USER’S OBLIGATIONS, REPRESENTATIONS, AND WARRANTIES

Email: User shall comply with the requirements of the U.S. CAN-SPAM Act of 2003. The User shall not:

(a) send unsolicited bulk email (spam);
(b) send solicited bulk email that does not contain a valid working unsubscribe function;
(c) send chain letters or hoaxes;
(d) purposely transmit viruses, worms, trojans, or other malicious code;
(e) send mail with the intention of harassing an individual or overwhelming a server; and
(f) maintain an open relay, open proxy or insecure form mail script.

User Information: User shall provide all current, complete, and accurate data on any AmTrust Website or registration forms.

Data Privacy: User, in connection with the use of AmTrust’s products, services and/ or TapSafe may have access to and/or utilize personally identifiable information and/or personal financial or health information covered by state, federal and/or international laws (“Personal Information”). Such Personal Information may contain the following data points: Social Security Numbers, insurance policyholder account information, insurance claim information, bank or credit card account information, employment related information, or login and password credentials. User fully agrees to fully comply with all applicable laws, regulations and guidance to protect the confidentiality, integrity and availability of the Personal Information.

Data Security: User shall not interfere with, disrupt, or deny service to any AmTrust entity, website or network site. By example, but not by limitation thereof, this includes using any means to intentionally degrade or disable the delivery of any legitimate data by denial of service attack or distributed denial of service attack. User shall not attempt to or gain unauthorized access to any site or network by hacking or cracking or through any AmTrust service provider. User shall not attempt to or in fact circumvent the security measures of any AmTrust host, service provider, network or account.

Content Received: User shall be responsible for all content received from the Internet when using AmTrust’s services and accounts. User shall comply with all trademarks, copyright, and patent laws and regulations pertaining to the content received over the Internet or from AmTrust’s web pages, manuals, documentation, distribution media, or white papers. User shall defend, indemnify, and hold harmless AmTrust from any action(s), liability, or damages resulting from inappropriate, offensive, questionable, or illegal materials User obtained over the Internet and/or stored on equipment owned or operated by AmTrust.

Use of User Data: User hereby acknowledges that AmTrust may anonymize (remove identifying particulars for statistical or other purposes) User data so that it can be shared with or sold to its service providers and partners. In no event will any personally identifiable information be shared, except as provided in this TapSafe Terms of Service or the Privacy Policy, as they may be amended from time to time. AmTrust will not, and does not, share, rent, or sell Non-Public Personal Information or Protected Health Information. For more information about how we use User Data please refer to our Privacy Policy.

Substitution: User’s usage of TapSafe is for the sole use of User. No transfer of services or substitution of content for or on behalf of another entity whether or not itself a User is allowed on either a temporary or a permanent basis.

Equipment Security: User shall be solely responsible for the security of User’s equipment and software while using the Services. User is aware that linking User’s computer to the Internet either directly or through AmTrust Online makes User’s equipment and software potentially vulnerable to interruption, damage, and loss of data caused by hackers, viruses, attacks, denial of service, spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery, imposture, electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access and/or retrieval of information and data on User’s computer and other forms of activity resulting in damage(s) and/or liability.

Breach of Warranties: In the event of any breach of any of the warranties and representations in this Agreement, in addition to any other remedies available at law or in equity, AmTrust shall have the immediate right, in AmTrust’s sole discretion, to suspend its services to prevent any harm to Users or to AmTrust’s network, equipment, websites, portals, software, applications or intellectual property.

Authorization Regarding Practices: User shall contact and receive authorization from AmTrust prior to engaging in any use or action not authorized under this Agreement. AmTrust shall have sole discretion in determining whether such use or action is permitted.

User Liability and Responsibility: User shall be exclusively liable and responsible for any claims brought or threatened on account of the User’s use of the Services. User shall defend, indemnify, and hold harmless AmTrust from any action(s), liability, or damages from any communications sent to or received by User.

SPAM: AmTrust does not support and will not tolerate the delivery of unsolicited messages (“SPAM”) through any email, text messaging, or internet network of any kind. User acknowledges and agrees that the Services shall not be used fraudulently or in connection with any criminal activity; or to send, receive, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene, menacing, or in breach of copyright, confidence, privacy, or any other rights; or to cause annoyance; or to send unsolicited advertising or promotional material or any other unsolicited information.

Linking to Our Website: As a user of the Services you may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without AmTrust’s express written consent.

DISCLAIMER OF WARRANTIES

You understand that AmTrust cannot and does not guarantee or warrant that files available for downloading from the internet or the services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OFSERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL OR ROUTINE THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE AMTRUST ONLINE , AMTRUST’S SOFTWARE, THE SERVICES, THE WEBSITE AND APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES OR WEBSITE, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR WEBSITE IS AT YOUR OWN RISK. THE SERVICE, THE WEBSITE, AND THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AMTRUST NOR ANY PERSON ASSOCIATED WITH AMTRUST MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER AMTRUST NOR ANYONE ASSOCIATED WITH AMTRUST REPRESENTS OR WARRANTS THAT THE SERVICE, THE WEBSITE, OR THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

AMTRUST HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY, INDEMNIFICATION, GOVERNING LAW, ARBITRATION

Limitation of Liability: IN NO EVENT WILL AMTRUST, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

SOME JURISDICTIONS DISALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL AMTRUST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Unauthorized Exposure or Disclosure: To the extent permitted by law and in addition to any other remedies available under this Agreement to AmTrust, User agrees to defend indemnify, and hold harmless AmTrust including its agents, servants, employees, officers, directors, advisers, and shareholders regarding any actual or alleged unauthorized exposure to or disclosure of information or materials the User listed or sent, or did not send, on or through AmTrust’s systems to other users, the general public or any other person or entities who was not intended to receive or view such information.

Governing Law and Jurisdiction: All matters relating to User’s use of the Services or User’s obligations assumed under this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to User’s use of the Services or User’s obligations assumed under this Agreement shall be instituted exclusively in the state or federal courts located in the City of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration: Any dispute or claim arising from or relating in any way to User’s use of the Services or User’s obligations assumed under this Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Service as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to AmTrust Financial Services, Inc., Attn: Legal Department. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

Claims Against AmTrust: If any claim, suit, action, arbitration proceeding or other proceeding is commenced or brought against or involving AmTrust or its agents, employees, officers, directors, advisers, and shareholders arising or allegedly arising out of User’s actions including, but not limited to, User’s use of the Services or User’s obligations assumed under this Agreement, then User shall defend, indemnify, and hold harmless AmTrust and its agents, servants, employees, officers, directors, advisers, and shareholders from and against all costs, liabilities, judgments, settlement amounts, losses, damages, expenses, including all attorneys’ fees, resulting from or arising out of or allegedly resulting from or arising out of any such claim, suit, action, arbitration proceeding or other proceeding.

Breach of Agreement: If User’s breach of any obligation(s) or enforcing the terms of this Agreement causes AmTrust including its agents, servants, employees, officers, directors, advisers, and shareholders to incur any costs, liabilities, judgments, settlement amounts, losses, damages, or expenses, including attorneys’ fees, then User shall reimburse AmTrust for all such costs, liabilities, judgments, settlement costs, losses, damages, expenses, including attorneys’ fees.

TERM AND TERMINATION

Right to Terminate: AmTrust reserves the right to terminate the account of any User who violates any provision of this Agreement including, but not limited to, AmTrust’s Terms of Service, the Privacy Policy, or the EULA without refund and without prior notice. User will indemnify, defend, and hold harmless AmTrust for any damages or expenses incurred by AmTrust as a direct or indirect result of User’s violation of any provision of this Agreement including, but not limited to, AmTrust’s Terms of Service, the Privacy Policy, or the EULA. AmTrust reserves the right to charge a clean-up fee of $50 per spam message complaint received by AmTrust arising from User’s mailing list. User shall pay for all fees and charges incurred prior to termination or cancellation. Either AmTrust or User can terminate services at any time for any reason or for no reason. In such event, AmTrust will not refund User a pro-rata portion of any amounts remaining after such date. For the security and protection of User, User must provide AmTrust a written notice of such termination or cancellation by utilizing AmTrust’s cancellation form. Upon acceptance of the cancellation by AmTrust, a confirmation email will be sent to User acknowledging the cancellation date.

Termination for Cause: Either party has the right to terminate this Agreement if (i) the other party breaches any material term or condition in the Agreement and fails to cure such breach within fourteen (14) days after receipt of written cure notice; (ii) the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any voluntary or involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors if such petition or proceeding is not dismissed within sixty (60) days of filing.

Effect of Termination: Upon the effective date of the expiration or termination of the Agreement: (i) AmTrust will immediately cease providing the Services pursuant to this Agreement; and (ii) any and all payment obligations of the User under this Agreement will become immediately due and payable.

Survival: The following sections shall survive any termination of this Agreement:

Compliance with Laws
Breach of Warranties
Authorization Regarding Practices
User Liability and Responsibility
SPAM
Linking to Our Website
Disclaimer of Warranties
Limitation of Liability, Indemnification, Governing Law, Arbitration
Term and Terminations
Marketing
Miscellaneous

MARKETING
Marketing: AmTrust may reference User by trade name and trademark in AmTrust’s marketing materials and on AmTrust Online and AmTrust’s website.

MISCELLANEOUS
Modifying this Agreement: We may revise and update the terms of this Agreement, AmTrust’s Terms of Service, the Privacy Policy, or the EULA from time to time in our sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted above.

Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently when browsing and each time you access the Services so you are aware of any changes, as they are binding on you.

Separate Entities: Nothing in this Agreement will be construed to imply a joint venture, partnership, agency relationship, employer-employee, or between the parties. AmTrust and User are separate and independent legal entities and contractors.

Assignment: Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other party except if such assignment or transfer is to an entity acquiring all or substantially all of a party’s assets by merger or purchase. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.

Force Majeure: Each party will not be in default of or considered to have breached its obligations under this Agreement to the extent its performance is delayed or prevented by causes beyond its control including, but not limited to, acts of God, earthquakes, floods, embargo, riots, terrorism, sabotage, acts of war, labor strikes, network outage, utility or transmission failures, fire, or labor disturbances.

Non-Solicitation: During the term of this Agreement and for a period of one year thereafter, each party agrees that it will not, directly or indirectly, without the other party’s written consent, solicit or attempt to solicit for employment any persons employed by the other party. This provision shall not restrict the right of either party to solicit or recruit in the media or the Internet.

Severability: In the event any provision of this Agreement is held to be contrary to the law, the remaining provisions of the Agreement will remain in full force and effect.

Notices: All notices called for under this Agreement shall be in writing and given by personal delivery, certified mail, return receipt requested, or by commercial overnight courier, to the recipient’s address set forth in the Agreement or to such other address or addresses as either party may specify in writing to the other. Notice will be deemed given the date of personal delivery, the third business day after mailing, or the next business day after delivery to such via courier.

Entire Agreement: This Agreement constitutes the entire Agreement between the parties and may only be modified by an instrument in writing signed by both parties. This Agreement supersedes and cancels any and all prior proposals (oral or written), understandings, representations, conditions, warranties, covenants, and any other communications between the parties which relate to the subject matter of this Agreement.

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Privacy Policy

This Privacy Policy (this “Policy”) describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information. As detailed in this Policy a mobile application shall be referred to as an “App” and all of AmTrust’s Apps shall be referred to as the “Service”.

This Policy is incorporated into and is subject to the Terms of Service.

Data Protection:

We are committed to protecting and respecting your privacy in accordance with the current Data Protection Legislation (“Legislation”). This Policy sets out the basis on which we will process any personal data that we collect from you, or that you provide to us. For the purposes of the Legislation, the Data Controller in relation to any personal data you supply to us will be AmTrust Financial Services, Inc.

The information we may collect or receive about you on the Service:

We may collect and process personal data that you provide directly to us by filling in forms, via our website, over the phone or via mobile phone apps, or that we receive via third parties such as brokers and agents.

User-provided Information. When you use the Service, you may provide and we may collect what is generally called “personally identifiable” information, or “personal information,” or “sensitive (special) personal data” which is information that specifically identifies an individual such as information relating to health or criminal convictions. Other examples of personal information include First Name, Last Name, Display Name, User Name, Mobile Number, Profile Photo, Device State Information, Unique Device Identifiers, Device Hardware and OS Information, information relating to how an application functions and the physical location of a device at the time of a crash, E-mail Address, and Credit Card information. You may provide us with personal information in various ways on the Service. For example, you provide us with personal information when you register for an account, when we verify your identity for security purposes, when you use the Service or send us customer service-related requests. The provision of such data is conditional for us to be able to provide warranty or insurance (depending on the product you have purchased), or manage a claim and, while you can withdraw your consent for us to process such data, this may result in us not being able to continue cover, or to process any claims.

“Cookies” Information. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For example, we are interested in the number of visitors and the pages they visit; which pages are most and least popular. By applying what we learn about site visitor habits, we can adapt the content to try and make it more easily accessible, relevant and interesting to site visitors. In some cases, cookies are used to remember information about your visit to our site between visits. We may need to do this to improve your use of the web site, such as remembering any feature preferences. By continuing to browse the site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

The cookies we use do NOT hold any personally identifiable data about you, such as:

Names
Phone Numbers
Email Addresses
Mailing Addresses
Bank Account Numbers
Credit Card Information

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site. Please refer to your browser's 'help' facility on how to configure accepting cookies. For more information on cookies and deletion of cookies please visit: www.allaboutcookies.org/manage-cookies.

“Automatically Collected” Information. When you use the Service, we may automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. This information is gathered from all users.

Third-Party Web Beacons. We may also implement third-party content or advertising on the Site that may use clear gifs or other forms of web beacons, which allow the third-party content provider to read and write cookies to your browser in connection with your viewing of the third-party content on the Site. Information collected through web beacons is collected directly by these third parties, and we do not participate in that data transmission. Information collected by a third-party in this manner is subject to that third-party’s own data collection, use, and disclosure policies.

Location Information. We may offer certain features as part of the Service in whole or in part based on your location, such as to locate the mobile device on which you have installed or downloaded an App. You will be given the opportunity to opt-in to location-based services, normally through an opt-in screen on the App. If you choose to enable location-based services, we may collect your location based on information provided by you or the mobile device, including, if available, GPS, IP address or cell tower information. If you do not opt-in to or choose to disable location-based services, you may not be able to utilize certain features of the Service. Without limiting the foregoing, even if you have not expressly granted us access to location data, we may nonetheless have access to location information contained in the transaction data associated with your Device.

How we use the information we collect:
We may use the personal data we hold about you in the following ways

The reason we use your data	Our legal basis for its use
For the purposes of providing warranty or insurance (depending on which product you purchased), handling claims and any other related purposes – this may include underwriting decisions made via automated means.	For the performance of the insurance contract between you and us.
For offering renewal, research or statistical purposes.	Our legitimate interests – for us to analyse historic activity, to improve our rating algorithms and to help predict future business impact. To further our commercial interests, to enhance our product offering and to develop new systems and processes.
To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.	Where you have provided consent
To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes	Our legitimate interests - for us to analyse activity and traffic and for testing, research, trends, usage, statistical and survey purposes. To develop new products, services, features, and functionality.
To notify you about changes to our service.	Our legal and regulatory obligations.
To safeguard against fraud and money laundering.	Our legal and regulatory obligations.
To meet general legal or regulatory obligations	Our legal and regulatory obligations.

We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following:

We use the information that we collect on the Service to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Service.

We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, feature, and functionality.

We may use your email address or other information we collect on the Service to contact you for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to your User Content posted on the Service.

We may use “cookies” information and “automatically collected” information we collect on the Service to: (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized content and information; (iii) monitor and analyze the effectiveness of Service; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries and submissions.

When we disclose information:
Except as described in this Policy, we will not disclose your information that we collect on the Service to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

A) Our group companies;
B) Third-party service providers (to verify your identity, security, fraud detection, fraud modeling, and related purposes);
C) In order to enforce or apply our Terms of Service and other agreements; or to protect the rights, property, or safety of AmTrust, our customers, or others;
D) Affinity partners;
E) Brokers, agents, third party administrators, reinsurers;
F) Other insurance intermediaries;
G) Insurance reference bureaus;
H) Credit agencies;
I) Medical service providers;
J) Loss adjusters;
K) External law firms;
L) External accountants and auditors;
M) Regulatory authorities; and
N) As may be required by law.

We may also disclose your personal information:

A) In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
B) If any AmTrust company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

We work with third-party service providers to provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to or process your information as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.

We may make certain automatically-collected, aggregated, or otherwise non-personally-identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.

We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.

International Transfers of Data (For EU Citizens):

We may transfer your personal data to destinations outside the European Economic Area (“EEA”). Where we transfer your personal data outside of the EEA, we will ensure that it is treated securely, and in accordance with this privacy notice and the Legislation. We only transfer data to countries deemed as having adequate protection by the European Commission or, where there is no adequacy decision, we use the European Commission approved ‘Standard Contractual Clauses’ with such parties to protect the data. A copy of the ‘Standard Contractual Clauses’ can be obtained by writing to The Data Protection Officer, AmTrust International, Minster Court 2, London, EC3R 7BB.

Third-Party Services:

The Service may contain features or links to Web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

Data Security:

We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs.

Retention:

Your data will not be retained for longer than is necessary, and will be managed in accordance with our data retention policy. In most cases the retention period will be for a period of seven (7) years following the expiry of the insurance contract, or our business relationship with you, unless we are required to retain the data for a longer period due to business, legal or regulatory requirements. In any case, where data is retained we will endeavor to delete or to anonymize any personal elements, in order to maintain your privacy and security.

Changes and Updates to this Policy:

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.

Direct any questions about this policy to AmTrust’s Chief Information Security Officer at Superior Avenue, 21^st Floor, Cleveland, OH 44114 with a copy to security@amtrustgroup.com.

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EULA

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”) BEFORE DOWNLOADING, INSTALLING OR USING THE MOBILE APPLICATION (“APP”) PROVIDED BY AMTRUST. THIS IS A LEGAL AGREEMENT BETWEEN AMTRUST AND YOU. THIS EULA, THE TERMS OF SERVICE AND THE PRIVACY POLICY GOVERN YOUR ACCESS TO AND USE OF THE APP.

BY DOWNLOADING, INSTALLING OR USING THE APP YOU ACKNOWLEDGE AND AGREE THAT:

1) your use of the App is solely at your own risk;
2) the App is licensed, not sold to you and you may use the App only as set forth in this EULA;
3) you consent to the collection, use, sharing and transfer of information we collect as outlined in the Privacy Policy;
4) you acknowledge that third party terms and fees may apply to the use and operation of your mobile device in connection with your use of the App, such as your carrier’s terms of service, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees; and
5) as set forth in this EULA, the App is provided “as is”.

IF YOU DO NOT AGREE TO BE BOUND BY ABOVE TERMS (AS DESCRIBED IN FURTHER DETAIL BELOW) YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APP.

MODIFICATION OF THE EULA. AmTrust reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If AmTrust materially modifies this EULA it will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the App or the Service for the first time after such material changes are made. By continuing to use the App after AmTrust has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to discontinue the use of and uninstall the App. This Agreement will also govern any software upgrades and/or updates provided by AmTrust that upgrade and/or supplement the App, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

LIMITED LICENSE. Conditioned upon your compliance with the terms and conditions of this EULA, AmTrust hereby grants to you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to install and use the executable form of the App solely for your personal use on a device (whether mobile device or other) owned or controlled by you. AmTrust reserves all rights in the App not expressly granted to you in this EULA.

PHONE SETTINGS AND UNINSTALL PROCEDURES. As part of the installation process of the App, you may be changing your mobile device settings. By installing the App, you agree you have approved such changes. Such changes may include, without limitation, the following:

Allowing software updates of the App once a new version is released and showing notifications from the App.

Allowing AmTrust access to location-based information.

To uninstall the App, you may use the standard uninstall procedures offered by your device’s operating system.

USE RESTRICTIONS. You may not use the App in any manner that could: (i) damage, disable, overburden, or impair the App (or any server or networks connected to the App), or (ii) interfere with any third party’s use and/or enjoyment of the App (or any server or networks connected to the App). Except as expressly specified in this EULA, you may not: (a) copy or modify the App; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the App to any third party; or (c) use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the App, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of AmTrust. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the App provided in object code or any other Kryptos products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

RESERVATION OF RIGHTS. The software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code and all other elements of the App (the “AmTrust Materials”), are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All AmTrust Materials, including intellectual property rights therein and thereto, are the property of AmTrust or its subsidiaries or affiliated companies and/or third-party licensors. AmTrust reserves all rights not expressly granted in this EULA. You shall not acquire any right, title or interest to the AmTrust Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this EULA.

TERM AND TERMINATION. This EULA will remain in effect until terminated. The EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA. You may terminate the EULA by uninstalling and discontinuing your use of the App. AmTrust may terminate support of the App and/or this EULA, or limit or terminate your access to the App at any time for any reason.

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