Effective Date January 31, 2019
Service is collectively the https://www.fredloya.com and the services provided by the Fred Loya Insurance
- Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
- Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small files stored on your device (computer or mobile device).
- Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
- Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
- Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personal information that can be used to contact or identify you (“Personal Data”). Personal information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
- Medical Data
- Vehicle Data
We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service. Preference Cookies. We use Preference Cookies to remember your preferences and various settings. Security Cookies. We use Security Cookies for security purposes.
Use of Data
Fred Loya Insurance uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To notify customers about upcoming payments or payments related updates. Please see our complete texting policy for this: https://www.fredloya.com/mobile-alerts
Fred Loya Insurance may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it is not overridden by your rights
- For payment processing purposes
- To comply with the law
Retention of Data
Fred Loya Insurance will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, Fred Loya Insurance may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Fred Loya Insurance may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Fred Loya Insurance
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Fred Loya Insurance aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.
If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
- The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of your Personal Data.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where Fred Loya Insurance relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personal information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Acceptable use/content submission & Fred Loya photos share
- Your use of the Fred Loya Photo Share is limited to authorized users for use within its contemplated functionality. By accessing this function, you represent and warrant that you have been authorized to access this site in the resolution and/or servicing of an insurance claim or policy. All other uses are strictly prohibited. In no event may the application be used in a manner that:
- Harasses, abuses, threatens, defames or otherwise infringes upon the rights of any other party, including, but not limited to intellectual property rights;
- is unlawful, fraudulent or deceptive;
- uses technology or any other means to gain unauthorized access to any part of the Application or Fred Loya Insurance’s computer networks or user accounts;
- or uses, attempts or otherwise introduces automated processes, bots, spiders, screen scrapers, viruses, malware, adware or any other software or computer code that interrupts, destroys, limits, or surreptitiously monitors software, hardware or electronic communications.
- Please keep the following in mind when submitting photos, videos, or documents related to an insurance claim through this site:
- to submit a photo, video, or document, you must be at least 18 years of age; you must be the copyright holder or have the permission of the owner to submit the photo, video, or document;
- only submit photos, concerning the insurance policy / claim;
- and Fred Loya Insurance may use location data from your mobile phone or computer, metadata, and any other information contained in the photos, you submit in the resolution of the claim or policy.
- While using our Fred Loya photos share Service, we may ask you to provide us with certain personal information that can be used to contact or identify you (“Personal Data”). Personal information may include, but is not limited to:
- Phone number
- Gps data (geolocation)
- Cookies and Usage Data
- Medical Data
- Pictures, VIN & Odometer of the car
- Drivers License
Under the California Consumer Privacy Act (CCPA), California residents have the right to receive: a) information identifying any third-party companies to whom we may have disclosed, within the past calendar year, personal information pertaining to you and your family for the company’s direct marketing purposes; and b) a description of the categories of personal information disclosed. To obtain such information you must make a request in writing. Your request must include your name and email address and a return address or it will not be processed. We will not honor such requests more than once per calendar year. Please mail your request to Loya Insurance Group, P.O. Box 972090 El Paso TX 79997 or email us at Privacyinfo@fredloya.com. We will not disclose any medical information relating to you for marketing purposes without obtaining your prior consent, and it may be necessary for us within 30 days of your written request for access to provide you with, among other things, a summary of procedures through which you can request correction, amendment or deletion of your personal health information. If you would like further information regarding the collection and disclosure of personal health information, and your right to amend and access this information, please write to us at Loya Insurance Group, 1800 Lee Trevino, El Paso, TX 79936.
It may be necessary for us within 30 days of your written request for access to provide you with, among other things, a summary of procedures through which you can request correction, amendment or deletion of your personal health information. If you would like further information regarding the collection and disclosure of personal health information, and your right to amend and access this information, please write to us at Loya Insurance Group, 1800 Lee Trevino, El Paso, TX 79936.
New Mexico Residents
New Mexico state law imposes additional restrictions on Loya Insurance Group’s disclosure of information related to victims of abuse or domestic violence. New Mexico residents also have certain rights to access and/or change information that differ from those rights granted under the Health Insurance Portability & Accountability Act of 1996 (HIPAA). If you require additional information please contact us at Loya Insurance Group, 1800 Lee Trevino, El Paso, TX 79936.
Texas state law imposes additional restrictions on Loya Insurance Group’s disclosure of information related to victims of abuse or domestic violence. Texas residents also have certain rights to access and/or change information that differ from those rights granted under the Health Insurance Portability & Accountability Act of 1996 (HIPAA). If you require additional information please contact us at Loya Insurance Group, 1800 Lee Trevino, El Paso, TX 79936.
- By phone number: (800) 554-0595
- By mail: 1800 Lee Trevino, Ste 201. El Paso, TX 79936