Privacy Notice for California Residents

Effective 1/1/2020

NBS is dedicated to protecting the private data of our clients. Under state law, California residents have certain rights. These rights help you protect your private information. This policy explains these rights and how NBS uses your private information. Further, this policy describes how you may exercise your rights. This policy adds to the general privacy policy of NBS. This policy and these rights apply only to California residents.

This Notice complies with the California Consumer Privacy Act of 2018 (CCPA). Any terms defined in the CCPA have the same meanings when used in this Notice.

Personal Information NBS Collects

NBS collects certain Personal Information about you. Personal Information is data that:

  • describes a specific person, household, or device;
  • references a specific person, household, or device;
  • relates to a specific person, household, or device; or
  • could plausibly be linked to specific person, household, or device.

However, Personal Information does not include:

  • publicly available information from government records,
  • de-identified or aggregated consumer information,
  • protected health information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA),
  • medical information covered by the California Confidentiality of Medical Information Act (CMIA),
  • clinical trial data,
  • personal information covered by the Gramm-Leach-Bliley Act (GLBA),
  • personal information covered by the Fair Credit Reporting Act (FCRA),
  • personal information covered by the California Financial Information Privacy Act (FIPA), or
  • personal information covered by the Driver’s Privacy Protection Act of 1994.

Within the last 12 months, NBS may have gathered these categories of your personal data:

Category Examples Collected by NBS
Identifiers real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security Number, driver’s license number, passport number, or other similar identifiers YES
Personal Information Categories listed in the California Customer Records Statute name, signature, Social Security Number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Note: some information in this category may overlap with other categories. YES
Protected Classification Characteristics under California or Federal Law age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information) YES
Commercial Information records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies YES
Biometric Information genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifiers or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data NO
Internet or Similar Network Activity browsing history, search history, information on a consumer’s interaction with a website, application or advertisement NO
Geolocation Data physical location or movements NO
Sensory Data audio, electronic, visual, thermal, olfactory, or similar information NO
Professional or Employment-Related Information current or past job history or performance evaluations YES
Non-Public Education Information per the Family Educational Rights and Privacy Act student schedules, identification codes, financial information, or disciplinary records NO
Inferences Drawn from Other Personal Information Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes NO

NBS obtains these categories of Personal Information from these sources:

  • directly from you – from forms you complete or from NBS products and services you purchase
  • indirectly from you – from observing your actions on our Website
  • your employer – as part of census information provided to us
  • other third-party entities – recordkeepers and/or card processors affiliated with your employer’s benefit plan

NBS will not collect additional categories of your personal information.

How NBS Uses Your Personal Information

Primarily, NBS uses your personal information to fulfill or meet the reasons you provided the information. For example, if you share your name and contact information to ask a question about our services, NBS uses that information to respond to your request. If you share your personal data to purchase a service, then NBS uses that information to provide you that service. NBS may also use your personal information in the following ways:

  • to collect money from you,
  • to send you money,
  • to send you required notices,
  • to create, maintain, customize, and secure your account,
  • to send you a debit card,
  • to provide you with support and to respond to your questions,
  • to verify your identity,
  • to process your requests and transactions,
  • to respond to law enforcement requests as required by law, court order, or governmental regulations, and
  • to improve our Website and services.

NBS will not use your personal information in substantially different or unrelated ways without providing you notice.

How NBS Shares Your Personal Information

For business or legal reasons, NBS may need to reveal your personal information to a third party. When NBS shares your personal information for business reasons, NBS enters into a contract with that third party. The contract describes how the third party may use your information. The contract also requires the third party to keep your personal information secret.

NBS shares your personal information for business reasons with the following categories of third parties:

  • Service providers
  • Data aggregators
  • Insurance brokers
  • Other

NBS may also share your personal information for legal reasons with federal government agencies.

How NBS Sells Your Personal Information

NBS does not and will not sell your personal information. Further, NBS does not and will not sell the personal information of minors under 16 years of age. NBS does not offer financial incentives to someone for the purpose of:

  • collecting his or her personal information,
  • selling his or her personal information, or
  • deleting his or her personal information.

Your CCPA Rights and Choices

The CCPA gives California residents certain rights concerning their personal data. This section describes those rights and explains how you can exercise those rights.

Right to Access Personal Information

You have the right to ask NBS:

  • what personal information NBS collects from you;
  • what personal information NBS discloses to others; and
  • what personal information NBS sells to others.

You can ask NBS to disclose this information to you for free, two times per year. Once NBS receives and confirms your request (see Exercising My CCPA Rights), NBS will disclose to you:

  • the categories of personal information NBS collected about you;
  • the categories of sources for the personal information NBS collected about you;
  • the business purpose for collecting your personal information;
  • the categories of third parties with whom NBS shared categories of your personal information;
  • the business purpose for NBS sharing each category of your personal information; and
  • the specific pieces of personal information we collected about you.

Right to Request that Personal Information be Deleted

You have the right to ask NBS to delete any of your personal information that NBS collected from you and retained. However, some exceptions to this right exist. Once NBS receives and confirms your request (see Exercising My CCPA Rights), NBS will delete your personal information from our records unless an exception applies. NBS will also instruct our service providers to delete your personal information from their records, unless an exception applies.

NBS may deny your deletion request, in full or in part, if retaining the information is necessary for NBS or our service providers to:

  • complete the transaction for which NBS collected the personal information;
  • provide a good or service that you requested;
  • take actions reasonably expected within the setting of our ongoing business relationship with you;
  • fulfill the terms of a written warranty or product recall following federal law;
  • perform our contract with you;
  • detect security incidents;
  • protect against malicious, deceptive, fraudulent, or illegal activity;
  • prosecute those responsible for their malicious, deceptive, fraudulent, or illegal activities;
  • debug products to identify and repair errors that impair the products’ current or intended operation;
  • exercise free speech;
  • ensure the right of another consumer to exercise his or her free speech rights;
  • exercise or ensure the right of the consumer to exercise another right provided by law;
  • comply with the California Electronic Communications Privacy Act;
  • engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that follows all other applicable ethics and privacy laws, when deletion of the information may likely render impossible or seriously impair the research’s goal, if you previously provided informed consent;
  • enable solely NBS internal uses that are reasonably aligned with your expectations based on your relationship with NBS;
  • comply with a legal obligation; or
  • make other internal and lawful uses of that information that match the context in which you provided the information.

Right to Opt-Out of Sales of Your Personal Information

If you are 16 years of age or older, than you have the right to direct a business not to sell your personal information at any time. However, NBS does not and will not sell your personal information. Further, NBS does not and will not sell the personal information of minors under 16 years of age. NBS does not offer financial incentives to someone for the purpose of:

  • collecting his or her personal information,
  • selling his or her personal information, or
  • deleting his or her personal information.

Because NBS does not and will not sell your personal information, you cannot exercise your right to opt-out against NBS.

Right to Choose and Approve an Agent

Only you, or someone legally permitted to act on your behalf, may make a request related to your personal information. You have the right to choose and approve an agent to exercise any of your CCPA requests on your behalf.

Right to Non-Discrimination

You have the right to not be discriminated against for exercising any your CCPA rights. If you choose to exercise your CCPA rights, NBS will not, unless permitted by the CCPA:

  • deny you goods or services;
  • charge you different prices or rates for goods or services, including by granting discounts or by imposing penalties;
  • suggest you may receive a different price or rate for goods or services;
  • provide you with a different level or quality of goods or services; or
  • suggest you may receive a different level or quality of good or services.

Exercising My CCPA Rights

To exercise your CCPA rights to access or delete your personal information as described above, please submit a verifiable consumer request to NBS by either:

  • calling NBS at 1-800-274-0503;
  • emailing NBS at ccpa@nbsbenefits.com; or
  • completing and returning the CCPA Information Request form.

Be aware that a verifiable consumer request must provide enough detail to allow NBS to reasonably confirm that:

  • you are the person about whom NBS collected personal information, or
  • you are the authorized agent of a person about whom NBS collected personal information.

Your verifiable consumer request must also provide enough detail and information to allow NBS to properly:

  • understand which CCPA rights you are exercising in your request,
  • evaluate your request, and
  • respond to your request.

During the verification process, NBS may require that you:

  • answer personal questions to confirm your identity,
  • submit a notarized request form that contains your personal information, or
  • submit proof that you are an authorized agent.

NBS will only use the personal information provided in a verifiable consumer request to confirm the requestor’s identity or authority to make the request.

Making a verifiable consumer request does not require you to create an account with NBS.

Response Timing and Format

Within 10 days of receiving your verifiable consumer request, NBS will confirm that NBS received your request. This confirmation will include information about NBS’s verification process and when you should expect a response, except where NBS has already granted or denied your request.

NBS strives to respond to a verifiable consumer request within 45 days of receiving the request. If NBS requires more time (up to 90 days total), NBS will inform you of the reason why NBS requires more than 45 days to process your request.

If NBS cannot verify your identity or the authorization of your agent, then:

  • NBS will not disclose any of your personal information;
  • NBS may deny part or all of your request;
  • NBS will inform you of NBS’s inability to verify your identity; or
  • NBS will inform you of NBS’s inability to verify the authorization of your agent.

NBS will deliver our written response by mail or electronically, at your option.

Any disclosures NBS provides will only cover the 12-month period preceding the date of your verifiable consumer request. The response NBS provides will also explain the reasons NBS cannot comply with a request, if applicable.

NBS does not typically charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or obviously baseless. If NBS determines that your request warrants a fee, NBS will tell you why NBS made that decision and provide you with a cost estimate before completing your request.

Contact for More Information

If you have questions or concerns about NBS’s privacy policies or practices, please:

Date This Privacy Policy was Last Updated

NBS reserves the right to change this privacy notice at our pleasure and at any time. When we make changes to this privacy notice, we will post the updated notice on our Website and update the notice’s effective date. Your continued use of our Website following the posting of any changes represents your acceptance of such changes.

NBS made the most recent update to this policy: December 6, 2019.