Disclosures

//Disclosures
Disclosures 2017-11-21T14:11:44+00:00

Privacy Policy Disclosure

Insurance and Risk Management Services, Inc. (“IRMS”), owner of the websites located at www.irmsinc.com and www.irmsadvantage.com (together, the “Website”), respects the privacy of every individual and is committed to protecting your privacy. This Privacy Policy (the “Privacy Policy”) provides information on the manner in which your personal information obtained through your use of the Website is processed and used on this Website. IRMS uses your personal information only in ways that are compatible with this Privacy Policy. In addition to reviewing this Privacy Policy, please read our Terms and Conditions of Use. Your use of the Website constitutes your agreement to be bound by the Terms and Conditions of Use and this Privacy Policy. If you do not agree to the Terms and Conditions of Use and this Privacy Policy, you should not use this Website.

Information Collected and Used. IRMS collects personal information from you (for example, your name, postal address, email address, and other data) when you provide personal data through our Website. IRMS must collect a certain amount of information to provide customer service, offer new products or services, evaluate benefits and claims, administer our products and fulfill legal and regulatory requirements. The Website generally collects personally identifying information with your specific knowledge and consent. For instance, when you register for any portion of our services, you are asked to provide information such as your email address, name or phone number. Optional information such as your age or gender may also be requested. IRMS may also collect and store additional usage information such as where, what and when you are searching. IRMS reserves the right to use information gathered by it for any and all purposes. If you do not wish to have your information shared, write to us at irmsmail@irmsinc.com.

Third Party Access. We also allow access to our database by third parties that provide us with services, such as technical maintenance or forums and search software, but only for the purpose of and to the extent necessary to provide those services. If you choose to purchase items through features on our Website, we may forward your information to third parties for services such as credit card processing and order fulfillment. While IRMS will seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, IRMS does not bear any responsibility for any actions or policies of third parties. There also may be occasion when we are legally required to provide access to our database in order to cooperate with police investigations or other legal proceedings. In those instances, the information is provided only for that purpose. While your individual information is protected as outlined above, we reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users as a group for any business purpose, such as analyzing usage trends and seeking compatible advertisers and partners. We also may disclose information we collect about you to (1) Affiliates; (2) Third Parties who assist us in performing services or functions on our behalf such as agents, brokers, brokerage firms, insurance companies, administrators and service providers; and (3) other financial services companies such as banks, insurance companies and securities brokers or dealers with whom we have written joint marketing agreements.

Consumer Reporting Information. If required by law and upon written request, we will inform you as to whether a consumer report was requested as well as the name and address of the consumer reporting agency that furnished the report. If permitted by law, we may share credit-reporting information about you with our affiliates. Under the Fair Credit Reporting Act, you may direct us not to share certain credit information with our affiliates, including some nonpublic personal information you provide in your application or that we obtain from nonaffiliated third parties, such as credit bureaus. If you do not want such credit information shared, you may write to us at the address listed on this page. If you notify our agency that any information is incorrect, we will review it. If we agree, we will correct our records. If we do not agree, you may submit a short statement of dispute, which will be included in any future disclosure of information. If you have any questions about the right of access or wish to access your file (as permitted by law), please contact us at the address below and include a copy of your personal identification, such as a driver’s license or photo identification.

Information Collected and Used. IRMS may collect personal information from you (for example, your name, postal address, email address, and other data) if you provide personal data through our Website. The Website generally does not collect personally identifying information and will collect personally identifying information only with your specific knowledge and consent. IRMS may collect and store additional usage information such as where, what and when you are searching. IRMS reserves the right to use information gathered by it for any and all purposes. If you do not wish to have your information shared, write to us at irmsmail@irmsinc.com.

Third Party Access. We also allow access to our database by third parties that provide us with services, such as technical maintenance or search software, but only for the purpose of and to the extent necessary to provide those services. There also may be occasion when we are legally required to provide access to our database in order to cooperate with police investigations or other legal proceedings. In those instances, the information is provided only for that purpose. While your individual information is protected as outlined above, we reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users as a group for any business purpose, such as analyzing usage trends and seeking compatible advertisers and partners.

Use of Information. Your information is stored in a secured database and is used for purposes of providing you with information requested by you or providing for a follow up with you in connection with materials you request allowing us to contact you for administrative purposes; for example, to tell you about changes to our Privacy Policy. The information you provide also may be utilized for market research purposes, for project planning or for development of prospect lists for marketing. Please note that all email that originates from us will either display the www.irmsinc.com domain name or an affiliated domain name. If you receive an unsolicited email that you believe is connected with us in any way, please forward the email (as an attachment) to irmsmail@irmsinc.com.

Disclosure of Personal Information Except as set forth in this Privacy Policy, IRMS does not share, rent or sell personal information about you with other people or companies. We reserve the right to use in any manner and also to disclose any non-personal information that we collect including, but not limited to, cookie and traffic data.

Third party service providers may assist us with the administration of the site or otherwise perform services on our behalf. Information about our users and their activity on the site is a business asset of IRMS. Therefore, information about our users, including personal information, will be disclosed as part of any merger or acquisition, creation of a separate business to provide the site, our services or fulfill products, sale or pledge of company assets as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company.

Unsolicited Email (SPAM). You should be aware, however, that unscrupulous marketers can sometimes “harvest” your email address directly from your computer or another person’s address book or even obtain your email address through programs that automatically search web pages and email traffic for email addresses. IRMS also may disclose or exchange with others information you have provided to us if we believe that the law requires us to do so or if it is necessary to protect the rights or property of IRMS, our affiliate companies, our staff, or our users.

Information Automatically Collected. In addition, we automatically receive and collect certain types of information whenever you visit our Website. For example, like many websites, we use “cookies” and web beacons to obtain certain types of information when your web browser accesses and goes through our Website. We use this information to monitor and understand the usage and performance of our Website, to enhance our customers’ search experiences and to determine aggregate information about our user base and usage patterns – all of this helps us make improvements to the Website. We may permit third parties to place programs on our site to monitor the effectiveness of advertising or for other legitimate purposes. We also use your IP address to help diagnose problems with our server, to administer our Website, and to communicate with you after you have sent us emails. If you do not want any cookies, your web browser likely includes an option that allows you to not accept them. However, if you set your browser to refuse cookies, some portions of the Website may not function properly.

Do Not Track. IRMS does not track its Website users over time and across third party websites in order to provide targeted advertising. IRMS therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor information that is presented to you. If you are visiting third party sites, you should become familiar with the sites tracking policies. IRMS makes no representations and accepts no responsibility for the tracking activities of any third party.

Security. IRMS will use reasonable precautions to keep the information disclosed to us secure and not to disclose such information to any third parties. However, we are not responsible for any breach of security or for any actions of any third parties that may receive the information. IRMS takes commercially reasonable and appropriate measures (as determined in its sole and absolute discretion) to limit access to your personal information to people who need it to do their job. For example, if we need to mail something to you, we must share your name and address with a direct mail company. We limit such third parties in their access and use of your personal information. We cannot guarantee the protection of information against interception, misappropriation, misuse, or alteration or that your information may not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. We have no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services.

Linked Web Sites. Our Website includes links to other websites operated and maintained by separate companies. We have no responsibility for linked websites and provide these links solely for the convenience and information of our visitors. Those websites may have different privacy policies. If you click through to another website, you should check the privacy policy of that website, which will usually (but not always) be posted on the website. IRMS is not responsible for the privacy policies of other sites.

Children. This Website is directed to adults and is not directed to children under the age of 18. IRMS complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under the age of 13. Minors between the ages of 13 and 17 must obtain the permission of their parent or legal guardian before submitting applications, making purchases, or obtaining subscriptions on this Website. If your children disclose information about themselves in publicly accessible areas of the Website, they may receive unsolicited messages from other parties. Accordingly, you should tell them not to do so. This Privacy Policy will be posted on the Website.

Your Consent. By using our Website, you consent to the collection, use and disclosure of information in accordance with the terms of this Privacy Policy. By using our website, you should also be aware that any personally identifiable information you submit can be read, collected, or used by other users of the Website, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit through your use of the Website. If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by logging into your account or by emailing our Privacy Policy Coordinator at irmsmail@irmsinc.com.

We reserve the right to modify or amend this Privacy Policy at any time in our sole and absolute discretion. If we change our Privacy Policy, we will post any changes on this page and your continued use of the Website constitutes your acceptance and agreement to any revisions to our Privacy Policy.

IP Address. Your Internet Protocol (“IP”) address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university. We may use your IP address to help diagnose problems with our server, gather broad demographic information, and administer our Website.

If you have other concerns or questions about any aspect of this Privacy Policy, you may email our Privacy Policy Coordinator at irmsmail@irmsinc.com or you may contact us at the following address:

George Schmelzle, President
Insurance and Risk Management Services, Inc.
8950 Fontana Del Sol Way, Suite 200
Naples, Florida 34109
239-649-1444

Effective June 1, 2016

Terms and Conditions Disclosure

Welcome to the Insurance and Risk Management Services, Inc. (“IRMS”) website located at www.irmsinc.com and www.irmsadvantage.com (together, the “Website”). It is important to us that when you use this Website you are fully aware of our respective rights and obligations. For that reason, we have created these Terms and Conditions of Use along with our Privacy Policy (which is made a part of these Terms and Conditions of Use) as the legally binding terms that will govern your use of this Website. By visiting the Website, you agree to abide by the Terms and Conditions of Use and Privacy Policy. If you do not wish to be bound by the Terms and Conditions of Use and Privacy Policy, you may not use the Website and must immediately cease use of the Website. Please read these Terms and Conditions of Use carefully. The Website provides information about IRMS and affiliates of IRMS (“Affiliates”) and parties unrelated to IRMS (“Third Parties”). We make this Website available to the public subject to the following terms, policies and guidelines.

Usage Regulations. The Website is made available for information purposes only. You may display, reformat and print information from the Website only for your own personal, non-commercial use. You may not sell any Content (as defined under Copyrights and Trademarks below) or other material from the Website for any other purpose. All such uses are strictly prohibited without our express prior written consent, and such consent may be given or withheld in our discretion. The Website may contain other proprietary notices and limitations, the terms of which must be observed and followed. You agree that you will not in any way modify, add to, delete from or tamper with any Content or feature of the Website or interfere in any way with its proper functioning. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms and Conditions of Use or any applicable law or whose conduct is harmful to the interests of IRMS, Affiliates or Third Parties. We may take steps to prohibit access and/or use without prior notice to any such user.

Third-Party Content and Links; Recommendations and Opinions. The Website may include information provided by Third Parties including opinions and advice of experts and non-experts. IRMS, Affiliates, and their respective employees or agents are not responsible for the opinions, statements, services, offers or other information provided by Third Parties. The Website also may include the personal recommendations and opinions of IRMS or others, including, but not limited to, recommendations or opinions given by IRMS contributors. IRMS does not undertake responsibility for screening IRMS contributors or other participants on the Website or monitoring advice or opinions expressed by them. In addition, highlighting IRMS contributors or other participants on the Website is not deemed to be an endorsement of any products or services that they (or companies employing them) may provide.

The Website may include hyperlinks that will take you out of the Website to the website of Third Parties. Links to websites of Third Parties may be included in advertisements for services of Third Parties, or they may be accompanied by descriptions of services of Third Parties. All links to websites of Third Parties are provided for your convenience only. Neither IRMS nor Affiliates control the content or operation of any linked websites of Third Parties, and we disclaim any responsibility for any product, service or information provided on any linked website. Neither the publication of content or advertisements of Third Parties on the Website nor links to websites of Third Parties constitutes an endorsement of Third Parties or their products or services by IRMS, Affiliates or their respective employees or agents.

Disclaimer. The content on this Website is provided for informational purposes only and is not intended to be a substitute for professional advice. Any opinions expressed on this Website are the opinions of the authors and neither IRMS, Affiliates nor any of their employees assume any liability for the contents of any materials provided on the Website. Reliance upon any opinion or advice provided on the Website is at your own risk. Neither IRMS, Affiliates nor any of their employees assume liability or responsibility for damage or injury to person or property arising from any use of any product, service, information or instruction contained on this Website. Any quotes received from this Website are for informational purposes only and do not represent a binding offer from IRMS.

Privacy. Please review our Privacy Policy for information about our use of information collected through the Website.

Copyright and Trademarks. All content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of IRMS, Affiliates, or Third Parties that have licensed Content and software for use on the Website. All Content and software are protected by U.S. and international copyright laws and/or patents. All Content and other copyrightable material may be used only as provided in these Terms and Conditions of Use. The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website including, but not limited to, IRMS™, IRMS AND DESIGN™, IRMS INSURANCE AND RISK MANAGEMENT SERVICES®, SIMPLY SELLING INSURANCE IS NOT ENOUGH®, and YOUR PRIORITIES. OUR FOCUS.™ are registered or unregistered trademarks of IRMS, Affiliates or Third Parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks.

Linking and Framing. Without the prior written permission of IRMS, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of IRMS or any of their licensors into another website or other service.

Limitation of Liability; Disclaimers and Waivers. Your use of this Website is at your own risk. The Website and all the Content, materials, information, software, facilities, services and other Content on the Website are provided “AS IS” and without warranties of any kind, either express or implied. Neither IRMS, any Affiliates nor any of their respective employees or agents makes any representations nor warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on the Website. Users should use the information obtained from the Website at their own risk.

To the full extent permitted by applicable law, IRMS, Affiliates and their respective employees and agents disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or any warranty that the Website will operate uninterrupted or error-free. IRMS does not warrant that the functions contained in this Website will be available, uninterrupted or error-free, that defects will be corrected, or that the Website or the services that make the Website available are free of viruses or other harmful components. IRMS does not warrant or make any representations regarding the use or the results of the use of the material, information, quotes, software, facilities, services, or other Content on the Website or any sites linked to the Website in terms of their correctness, accuracy, reliability, availability, ownership or otherwise. IRMS makes no warranties that your use of the materials on the Website, information, software, facilities, forums, service or Content will not infringe the rights of others and IRMS assumes no liability or responsibility for errors or omissions in the materials on the Website, information, software, facilities, service or Content.

UNDER NO CIRCUMSTANCES WILL IRMS, AFFILIATES OR ANY OF THEIR RESPECTIVE PRINCIPALS, EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE PERSONALLY OR OTHERWISE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE OR FOR ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE OF A PRODUCT OR SERVICE THROUGH THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with the Website or any Content on the Website or any provision of the Terms and Conditions of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Website.

Investigations. IRMS reserves the right to investigate suspected violations of these Terms and Conditions of Use. By using the Website and by accepting these Terms and Conditions of Use, you waive and hold harmless IRMS from any claims resulting from any action taken by IRMS during or as a result of its investigations or from any actions taken as a consequence of investigations by either IRMS or law enforcement authorities.

Modification; Waiver of Terms. The Website and the products, services and programs described in the Website may be changed, eliminated or updated without prior notice. We also may make changes to these Terms and Conditions of Use and any Website-related policies, rules or guidelines at any time in our sole and absolute discretion. Revised terms will be effective when posted to the Website unless otherwise provided by us in the revision. Your continued use of the Website after new Terms and Conditions of Use or any revised policies, rules or guidelines are posted constitutes your agreement to abide by the revised terms. Please review these Terms and Conditions of Use periodically and check the version date for changes. No waiver of any breach of the Terms and Conditions of Use or the Privacy Policy shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of either the Terms and Conditions of Use or the Privacy Policy, and no waiver of any provision shall be effective unless made in writing and signed by an authorized representative of IRMS. IRMS reserves the right to modify or discontinue the Website or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. IRMS shall not be liable to you or any third party should IRMS exercise its right to modify or discontinue the Website or part of it.

Florida Law. This Website is created and maintained in the State of Florida, USA. As such, the laws of the State of Florida govern these Terms and Conditions of Use without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website, you consent to the personal jurisdiction of courts (state and federal) sitting in the State of Florida, acknowledge that venue is only proper in the courts in Collier County, Florida and waive any objection you may have in the future with respect to any of the foregoing. Any claim or action that any party may have arising from or related to use of the Website must be filed within one (1) year after the claim or cause of action arises. Any claim or action not filed within such time will be forever barred.

Use of the Website is not authorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions of Use or the Privacy Policy, including, but not limited to, disclaimers and limitations of liability. In the event any provision of these Terms and Conditions of Use or the Privacy Policy is determined to be invalid or unenforceable in any jurisdiction, the remaining terms shall continue in full force and effect in that jurisdiction, and a determination of invalidity or unenforceability in one jurisdiction shall not affect the Terms and Conditions of Use or the Privacy Policy in any other jurisdiction.

If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions of Use remain in full force and effect.

Digital Millennium Copyright Act (DMCA). IRMS is committed to complying with U.S. copyright and related laws and requires all users of the Website to comply. If an owner of a copyrighted work believes that its rights have been infringed, the owner may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (DMCA) to report alleged infringements. IRMS designates the following individual as its agent for receipt of notifications of claimed copyright infringement. George Schmelzle, President, Insurance and Risk Management Services, Inc., 8950 Fontana Del Sol Way, Suite 200, Naples, Florida 34109, 239-649-1444, irmsmail@irmsinc.com.

Entire Agreement. These Terms and Conditions of Use and the IRMS Privacy Policy constitute the entire agreement between us and you with respect to the Website. No prior or current agreements or communications between the parties will have any effect as part of this agreement or as a separate continuing agreement.

Contacting Us. You may contact us at the following email address: irmsmail@irmsinc.com or as follows:

Insurance and Risk Management Services, Inc.
8950 Fontana Del Sol Way, Suite 200
Naples, Florida 34109
239-649-1444

Effective June 1, 2016

Compensation Disclosure

Insurance and Risk Management Services, Inc. is licensed as an insurance producer by the various States where we are transacting insurance, which includes the sale, solicitation, and servicing of insurance business, as well as advising on the relative benefits of certain insurance policies and risk management programs.  We typically receive compensation from insurers in the form of commissions paid as a percentage of the premiums due the applicable insurance companies.  Commissions can vary by insurance company, by volume of business placed with that company or the profitability thereof, and other factors.  In other cases, and depending on various State laws and the capacity in which our agency is acting, we may receive other forms of compensation from insurers, insurance intermediaries, premium finance companies and other vendors; such as contingents, overrides, profit-sharing, premium finance fees, expense reimbursements, producer subsidies, award trips, meetings and other incentives.  We also earn interest on premiums we hold until it is time to pay the applicable insurance companies.

Our overriding desire is to provide great customer service, having you, the customer, believe we have earned our compensation.  We believe in full disclosure of our compensation.  Accordingly, if you have any questions about the compensation we receive from your policies (including policies we propose to you), please ask your account representative who will gladly provide you a summary of our commission compensation arising from your policies.