Our Privacy Principles

Take 44 Privacy Policy

Last Modified: July 1, 2024

Privacy matters. Take 44, Inc., the company providing NextAgency and NextCommission (collectively the NextAgency Platform), knows protecting the data you entrust to our software is important. We are committed to protecting that data and your privacy. We adhere to the following privacy principles:

• Information you enter in the NextAgency Platform is yours. You own it. Your agency controls who can see it.

• Your agency’s prospects and clients are yours, too. We do not market to them.

• Security and confidentiality are critical to privacy. We protect the data you entrust to us.

I. APPLICATION This Privacy Policy applies to the information authorized users (“Users”) enter into the NextAgency Platform; the site accessed through the “nextbroker.io” domain. This may be data related to the User, your agency or company (“Agency”), or your prospects and clients. A different privacy policy applies to our marketing web sites (for example, NextAgency.com ). The provisions of this Privacy Policy apply to all Users in an Agency. This Privacy Policy also applies to information Users may provide through the NextAgency Email Add-In for Outlook and similar extensions.

Some services accessed through NextAgency (e.g., NextMail and payment processing) are delivered by third-party service providers. Or your Agency may integrate NextAgency with other software platforms through Zapier, our API, a third-party service provider’s API, or other means. Third-party service providers may have other privacy policies and rules concerning the handling of your data. We encourage you to obtain and read their privacy policies.

II. INFORMATION WE COLLECT AND RECEIVE

We collect different kinds of information. Some are personally identifiable; some is aggregated and not traceable to a specific User or agency.

User information: To use the NextAgency Platform you will need to provide personally identifiable information. This may include your name, email address, physical address, and credit card information.

Service provider information: In using the NextAgency Platform you may provide us with information about service providers you use (an enrollment platform or email account, for example). We strive to collect the minimum amount of highly sensitive information necessary to facilitate integrations and provide services.

Log data: When you use the NextAgency Platform, our servers automatically record certain information. This includes your IP address. Log data does not contain message content. We do not share log data with third-parties for marketing purposes. Log data may provide some geo-location information which helps us protect our sites from cyber-attacks.

III. COOKIE POLICY

NextAgency uses cookies, or similar technologies like single-pixel gifs and web beacons, to collect usage information. We use both session-based and persistent cookies. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire.

We do not contract with tracking services that follow you across the web (e.g., DoubleClick, Facebook, Quantcast). Personally, some of us at Take 44 dislike cookies. We urge you to carefully monitor your cookies and their usage. Your browser may enable you to block cookies, although doing so may limit your use of the NextAgency Platform.

IV. USE OF YOUR DATA

We use your information to:

• Authenticate you are authorized to use the NextAgency Platform.

• To provide you access to the NextAgency Platform.

• Deliver notifications and messages to and from you.

• To improve the NextAgency Platform by understanding how you use the platform.

• To deal with legal issues, should they arise.

• To keep your data safe. For example, we may employ qualified third-parties to try to hack or exploit the NextAgency Platform in order to identify weakness before bad guys do.

• To communicate with you about our products and services, scheduled maintenance, and to resolve service issues.

V. ADDITIONAL LIMITS ON USE OF YOUR GOOGLE USER DATA

Google requires us to specifically describe limits on your Google User Data even though we already adhere to these policies. Consequently, they apply to your data associated with Microsoft and other companies as well.

Notwithstanding anything else in this Privacy Policy, if you share Google data with the NextAgency Platform (for instance, if you associate your Gmail account with NextMail), our use of that data will be subject to additional restrictions.

• We will only use access this data to read, write, modify, or control Gmail message bodies (including attachments), metadata, headers, and settings to provide a web email client that allows users to compose, send, read, and process emails and will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.

• We will not use this Gmail data for serving advertisements.

• We will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for the NextAgency's internal operations and even then, only when the data have been aggregated and anonymized.

VI. COMPLIANCE, DATA ACCESS, EXPORT, AND RETENTION

We recognize that you may need to provide data in the NextAgency Platform to third-parties (i.e., when conducting an audit or responding to requests from regulators).

Compliance: NextAgency is for use in the United States. NextAgency may not meet the privacy and security laws and regulations of other nations. You are responsible for assuring you comply with these requirements. In the United States, Federal and state regulations may apply to your data. You are responsible for meeting the requirements of those regulations including, but not limited to, those addressing record retention. This may require you to download and store information you maintain in NextAgency.

Data Access: Depending on their User role and permissions granted to them, Users may have access to data entered by other Users. Limitations on this access is descried in the User module of the NextAgency Platform and on the FAQ page of NextAgency.com

NextAgency Support Staff Access: NextAgency Support Staff may need to access your NextAgency instance to provide training, resolve service issues, or other permitted purposes. You may grant or deny them access to your data.

• They will request access to your instance of NextAgency or NextCommission data by sending an email to an authorized User at your agency. Authorized Users include all Administrative Brokers, and those Users Administrative Broker authorizes to granted permission to access Agency data.

• If the authorized User grants access to Agency data, the User may limit the duration of this access.

• Once granted, NextAgency Support Staff have full access to your system. Their activities while logged into your NextAgency instance will be logged in the same manner as those of any Agency User. Administrative Brokers and those Users to whom they have granted this permission, may access your Agency’s Activity log through the NextAgency Platform.

• NextAgency will strive to comply with this notification and authorization process at all times. However, we may waive this process to comply with law, regulation, or legal requests such as a court order.

NextAgency Technical Staff: NextAgency Technical Staff may gain access to your data in the process of maintaining or updating the system, while adding new features to the system, or fixing bugs. Access to sensitive data requires multiple authentications, restricted to authorized personnel performing specific tasks, and is logged.

Data Export: You may export the data maintained in your instance of NextAgency or NextCommission through reports and the folder download tool. Users with restricted access to records may only report on data or download folders associated with those cases they are permitted to access. Running reports and downloading folders are actions noted in the Activities Log. Administrative Brokers and those Users to whom they have granted this permission, may access your Agency’s Activity log through the NextAgency Platform.

Data Retention: Agencies and companies using NextAgency are responsible for retaining documents and data maintained in the NextAgency Platform in compliance with state and federal laws and regulations. Upon termination of your license with NextAgency your data will be deleted by us within twelve months

VII. DATA DISCLOSURE

Notwithstanding the above, there are times when NextAgency may share user information and content, including:

With consent, to comply with the legal process, or to protect NextAgency and our users. We may disclose your data with your consent or if we believe that disclosure is reasonably necessary to comply with a law, regulation, or legal requests; to protect the safety, rights, or property of the public, any person, or NextAgency; or to detect, prevent, or otherwise address fraud, security, or technical issues.

With third parties and agents. We may employ third party companies or individuals to process personal information on our behalf based on our instructions and in compliance with this Privacy Policy. For example, we may share data with a security consultant to help us get better at preventing unauthorized access or with an email vendor to send messages on our behalf.

About you with your organization or Administrator Brokers and other authorized Users. We provide your name, email information, and other information to Administrative Brokers and Users authorized to manage Agency Users. This enables them to know who within your Agency is authorized to access the NextAgency Platform. When you contact NextAgency for help in resolving a service issue we may need to share the issue with others in your instance of the NextAgency Platform.

In the event of a merger or sale. If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Privacy Policy. In the event of a transfer of your data to a different legal entity, the new entity will comply with this Privacy Policy or notify you if they wish to change it.

That is aggregated and non-identifiable. We may also share aggregated or non-personally identifiable information with our partners or others for business or research purposes. For example, we may publish information concerning the number of licensees using the NextAgency Platform.

VIII. SECURITY AND HIPAA

NextAgency is committed to protecting the data you enter into NextAgency service from loss, misuse, and unauthorized access or disclosure.

Data Protection: When you enter sensitive information (such as sign-in credentials) we encrypt the transmission of that information using secure socket layer technology (SSL). Our server provider (Amazon Web Services) protects, replicates, and back-ups your data.

We follow generally accepted standards to protect the personal data submitted to us, both during transmission and once we receive it. However, no electronic or email transmission or digital storage mechanism is ever fully secure or error free.

HIPAA Compliance: We help you comply with requirements to protect Personal Health Information (“PHI”) under the Health Insurance Privacy and Protection Act (“HIPAA”). We enter into a Business Associate Agreement with you when you sign-up for NextAgency. We use the services of Amazon Web Service (AWS) to protect your data. We believe this Privacy Policy assists you in complying with HIPAA. NextAgency can only protect PHI under our control. Once PHI is transferred or made available to you, your Agency, or authorized third-parties you or they are responsible for protecting the PHI.

Keeping Your Information Safe: We adhere to among the highest available encryption standards, 256-bit SSL encryption. Your data will be transferred with high-grade TLS. NextAgency access to your data is restricted to authorized personnel performing specific tasks for you and in accordance with this Privacy Policy.

Data Monitoring: We maintain a real-time access log of all data and changes made by Users, our staff, and our automated system.

Agency-Specific Security Features: Administrative Brokers may require two-factor authentication to log onto the NextAgency Platform. They may also automatically sign Users off the NextAgency Platform after a specified period of non-use. If set, these requirements apply to all Users of your Agency’s instance of the NextAgency Platform. NextAgency strongly encourages all Users to implement these security features. They are, however, optional.

IX. LAWFUL BASIS

Data processing laws require us to state the lawful basis we use for processing your data.

• Data you provide to us such as your email address and card content is necessary for providing the service to you (servicing a contract).

• Statistics that we collect from your data are used to improve the service, and for research (servicing a contract, and legitimate interests).

• Access logs are used for diagnostic and analytical purposes, and for detecting misuse of the service (servicing a contract, and legitimate interests).

X. CHANGES

We may change this policy from time to time. Changes will be posted on this page. If a User in your Agency continues to use the NextAgency Platform after those changes are in effect, all Users in your Agency are deemed to agree to the revised policy.

XI. CONTACT

If you have questions concerning this policy, please contact us at Support@NextAgency.com

Change Log:

July 1, 2024: Clarified that NextAgency is for use in the United States and may not comply with laws and regulations of other nations.

June 1, 2024: Modified to expand this privacy policy applicability to NextCommission Solo. This required additional non-substantive changes for to enhance clarity.

June 15, 2023: Modified to expand coverage to privacy in connection with the NextAgency Email Add-In for Outlook. Also fixed grammatical errors that did not alter the substance of this Privacy Policy.

January 15, 2021: Modified to reflect new feature enabling you to grant and terminate customer NextAgency customer service representative’s access to your data. We also added references to NextAgency’s two-factor authorization and automatic sign-off features. Made minor, non-substantive text changes to improve clarity.