Privacy Policy

Last Updated: August 7, 2019 

ARC Excess and Surplus, LLC and its subsidiaries and affiliates (“ARC”) are committed to protecting the privacy of the individuals we encounter in conducting our business.  “Personal Information” is information that identifies and relates to you.  Our aim is responsible handling of Personal Information, balancing the benefits of activities like research and data analytics with our other commitments, including transparency and non-discrimination. 

This Privacy Policy describes how we handle Personal Information that we collect through applications for insurance (including any documents you submit in concert with applications for insurance), claims forms and noticesapplications for employment, applications for employment benefits, telephone calls, e-mails and other communications with us, as well as from claim investigators, underwriters, medical professionals, witnesses or other third parties involved in our business dealings. 

In submitting your Personal Information to useither directly or through a business partner, you signify your acceptance of this Privacy Policy.   

Who To Contact About Your Personal Information   

If you have any questions about our use of your Personal Information, the rectification of your Personal Information, or would like to request the erasure of your Personal Information, you can e-mail  or write to: 

ARC Excess & Surplus
Attn: General Counsel
Re: Privacy Policy
113 S. Service Rd, Jericho, NY 11753 

Personal Information That We Collect

Depending on your relationship with us (for example, as a policyholder; insured person benefiting under another policyholder’s policy; commercial broker or appointed representative; employee; applicant for employment; or other person relating to our business), Personal Information collected about you may include: 

  • General identification and contact information
    Your name; address; e-mail and telephone details; gender; marital status; family status; date of birth; educational background; activity records, such as driving records; photos; employment history, skills and experience; professional licenses and affiliations; and relationship to a policyholder, insured or claimant;  
  • Identification numbers issued by government bodies or agencies 
    Social Security number; passport number; tax identification number; military identification number; or driver’s or other license number. 
  • Financial information and account details 
    Payment card number; bank account or other financial account number and account details; credit history and credit score; assets; income; and other financial information. 
  • Medical condition and health status 
    Current or former physical or mental or medical condition; health status; injury or disability information. 
  • Other sensitive information 
    In certain cases, we may receive sensitive information about you for example, if you apply for insurance through a third party marketing partner that is a professional, trade, political, religious or community organization.  In addition, we may obtain information about your criminal record or civil litigation history in the process of preventing, detecting and investigating fraud, and compliance with the Violent Crime Control and Law Enforcement Act of 1994.  We may also obtain sensitive information if you voluntarily provide it to us. 
  • Telephone recordings 
    Recordings of telephone calls to our employees. 
  • Information enabling us to procure products and services 
    Location and identification of property insured (for example, property address, vehicle license plate or identification number); policy and claim numbers; coverage/peril details; cause of loss; prior accident or loss history; your status as director or partner, or other ownership or management interest in an organization; other insurance you hold; and details on products for which you have or seek a warranty. 
  • Information from Other Sources 
    We and our service providers may supplement the Personal Information we collect with information from other sources, such as publicly available information, commercially available sources and information from our affiliates or business partners. 

How We Use Personal Information   

We use this Personal Information to: 

  • Broker insurance for you. 
  • Communicate with you and others as part of our business. 
  • Respond to your requests. 
  • Send you important information regarding changes to our policies, other terms and conditions, and other administrative information. 
  • Make decisions about services we offer, and provide services, including insurance brokering and consulting, claim assessment, and, where applicable, assist in claim disputes. 
  • Process your premium and other payments. 
  • Provide improved quality, training and security. 
  • Prevent, detect and investigate crime, including fraud and money laundering, and analyze and manage other commercial risks. 
  • Carry out research and analysis, including analysis of our customer base. 
  • Provide marketing information to you. 
  • Manage our infrastructure and business operations, and comply with internal policies and procedures, including those relating to auditing; finance and accounting; human resources; benefits administration; billing and collections; IT systems; data and website hosting; data analytics; business continuity; and records, document and print management. 
  • Resolve complaints, and handle requests for data access or correction. 
  • Comply with applicable laws and regulatory obligations (including laws that may be outside your country of residence), such as those relating to data protection, anti-money laundering, sanctions and anti-terrorism; comply with legal process; and respond to requests from public and governmental authorities. 
  • Establish and defend legal rights; protect our operations or those of any of our business partners, our rights, privacy, safety or property, and/or that of you or others; and pursue available remedies or limit our damages. 

We use your Personal Information for these purposes where we are satisfied that: 

  • Our use of your Personal Information is reasonable or necessary to perform a contract, or take steps to enter into a contract with you, (e.g. in the brokering and/or administration of insurance for you); or 
  • Our use of your Personal Information is necessary to comply with a relevant legal or regulatory obligation that we are subject to; or 
  • You have provided your consent to us using the data; or 
  • Our use of your Personal Information is necessary to support “legitimate interests” that we have as a business, provided that it is conducted at all times in a way that is proportionate, and that respects your privacy rights. 

International Transfer of Personal Information

Due to the global nature of the insurance business, for the purposes set out above we may transfer Personal Information to parties located in other countries.  For example, we may transfer Personal Information in order to broker insurance or process claims. We may transfer information internationally to service providers, business partners and governmental or public authorities.  By providing Personal Information and other information to ARC, including by sending a communication to an “arcxs.com, “arcbrokers.com, “arcxswest.com,” “arcne.com,” “arcxssouth.com,” “professionalrisk.com,” and/or an “arcxsmidsouth.com” e-mail address, you understand and consent to the collection, use, processing disclosure and transfer of such information in the United States and other countries or territories, which may not offer the same level of data protection as the country where you reside, in accordance with the terms of this Privacy Policy.  

Sharing of Personal Information

ARC may make Personal Information available to:  

  • Other insurance and distribution parties 
    In the course of marketing and providing insurance and processing claims, ARC may make Personal Information available to third parties such as other insurers; reinsurers; insurance and reinsurance brokers and other intermediaries and agents; and other business partners. 
  • Our service providers
    External third-party service providers, such as accountants, auditors, lawyers and other outside professional advisors; IT systems, support and hosting service providers; printing, and market research and data analysis service providers; banks and financial institutions that service our accounts; third-party claim administrators; third-party human resource and benefits administrators; document and records management providers; claim investigators and adjusters; construction consultants; engineers; examiners; and similar third-party vendors and outsourced service providers that assist us in carrying out business activities. 
  • Governmental authorities and third parties involved in court action 
    ARC may also share Personal Information with governmental or other public authorities (including, but not limited to, workers’ compensation boards, courts, law enforcement, tax authorities and criminal investigations agencies); and third-party civil legal process participants and their accountants, auditors, lawyers and other advisors and representatives as we believe to be necessary or appropriate: (a) to comply with applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, and/or that of our group companies, you or others; and (g) to allow us to pursue available remedies or limit our damages. 
  • Should you prefer, we will not disclose confidential personal information about you to non-affiliated third parties. You may opt out of those disclosures; that is, you may direct us not to make those disclosures (other than disclosures required or permitted by law). Should you wish to opt out of disclosures to non-affiliated third parties you may contact us by e-mail at   or by writing to: ARC Excess & Surplus 

Attn: General Counsel
Re: Opt Out of Disclosures
113 S. Service Rd, Jericho, NY 11753

Security

ARC will take reasonably appropriate technical, physical, legal and organizational measures, which are consistent with applicable privacy and data security laws.  Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.  If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any Personal Information you might have with us has been compromised), or if you have other data security questions or concerns related to ARC, please immediately notify us.  (See the “Who to Contact About Your Personal Information” section above.)

When ARC provides Personal Information to a service provider, the service provider will be selected carefully and required to use measures reasonably designed to protect the confidentiality and security of the Personal Information.

If we believe the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. 

Personal Information of Other Individuals

If you provide Personal Information to ARC regarding other individuals, you agree: (a) to inform the individual about the content of this Privacy Policy, and any other applicable ARC Privacy Notice provided to you; and (b) to obtain any legally-required consent of Personal Information about the individual in accordance with this Privacy Policy and other Privacy Notice. 

 Social Security Numbers

It is ARC’s policy to protect customer and employee Social Security Numbers that we collect in the course of our business as confidential. This includes maintaining physical and electronic security procedures to guard against unauthorized access to Social Security Numbers. In addition, we do not disclose Social Security Numbers to third parties, except where required or permitted by law. 

Questions and Concerns

Please contact us as set out in the “Who to Contact About Your Personal Information ” section above with any such requests or if you have any questions or concerns about how we process Personal Information. 

Other Information We Collect Through our Website

“Other Information” is any information that does not reveal your specific identity, such as:  

  • Browser information; 
  • Information collected through cookies and other technologies; and 
  • Contact information provided by you. 

How We Collect Other Information
We and our third-party service providers may collect Other Information in a variety of ways, including : 

  • Through your browser on the ARC website:   Certain information is collected by most websites or automatically through your device, such as your IP address (i.e., your computer’s address on the internet), screen resolution, operating system type (Windows or Mac) and version, device manufacturer and model, language, internet browser type and version, time of the visit, and/or page(s) visited. 
  • Using cookies; online tracking: Cookies are pieces of information stored directly on the device you are using. Cookies allow us to recognize your device and to collect information such as internet browser type, time spent on ARC’s website, pages visited, language preferences, country website preference. We may use the information for security purposes, to facilitate navigation, to display information more effectively, or to personalize your experience while using ARC’s website. In addition, we may use the information to gather statistical information about the usage of ARC’s website in order to understand how it is used, continually improve its design and functionality, and assist us with resolving questions about it. Cookies further allow us to present to you the advertisements or offers that are most likely to appeal to you. We may also use cookies to track your responses to our advertisements.  
  • You can refuse to accept the cookies we use by adjusting your browser settings. However, if you do not accept these cookies, you may experience some inconvenience in your use of the Site and some online products. 

Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law.  If we are required to treat Other Information as Personal Information under applicable law, or if we combine Other Information with Personal Information, then, in addition to the uses listed in the “ Other Information We Collect ” section above, we may use and disclose Other Information for all the purposes for which we use and disclose Personal Information. 

Third Party Privacy Practices

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which our website links, or any insurance carrier to whom your Personal Data is provided.  The inclusion of a link on our website does not imply endorsement of the linked site or service by us or by our group companies.

Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Amazon, Google, Microsoft, RIM, Instagram, Twitter, LinkedIn, or any other software application developer or provider, social media platform, operating system or wireless service provider, or device manufacturer, including any Personal Information you disclose to other organizations. 

Terms of Use Agreement

The Terms of Use Agreement for the use of ARC’s website may be found at arcbrokers.com/terms-of-use. 

Changes to This Privacy Policy

We review this Privacy Policy regularly and reserve the right to make changes at any time to take account of changes in our business and legal requirements.