WEB PRIVACY STATEMENT

This Web Privacy Statement (this “Web Privacy Statement”) applies to identifiable information received and data collected by Berkley Risk Administrators Company, LLC (“Berkley Risk”) and each of its affiliates identified below (each an “Affiliate” and, collectively with Berkley Risk, “Berkley”, “we”, “us” or “our”), as may be applicable, under web pages hosted under the www.berkleyassignedrisk.com domain (the “Website”). Your privacy is important to us.

This Web Privacy Statement explains what identifying information we collect about you through the Website, and what we do with it. Berkley Risk reserves the right to revise this Web Privacy Statement at any time. Berkley Risk will notify you of any material changes to this Web Privacy Statement by posting the new Web Privacy Statement at www.berkleyassignedrisk.com and by changing the “Effective Date” at the bottom. You should periodically read this Web Privacy Statement to learn of any revisions.

By using the Website, you agree that you have reviewed and understood our Terms of Use and this Web Privacy Statement to your full satisfaction, that you accept and are subject to our Terms of Use and this Web Privacy Statement, and that we are permitted to use your identifiable information as set forth below.

1. What Information Do We Collect?

Through the Website, we may collect two types of online information: non-personal information and personal information.

Non-Personal Information

Non-personal information is information that does not identify an individual personally and cannot readily be associated with a particular individual.

Certain identifying information is automatically collected when you visit the Website. We may collect identifying information that allows us to track the number of visitors we receive and the way they navigate through the Website. The types of identifying information collected include the date and time you accessed the Website, the page or pages you visited and images you accessed, the web site you arrived to the Website from and the web site that you depart to as well as the IP address, operating system and browser version and type of the computer being used to access the Website. While it may be possible to correlate this information to particular individuals, we do not generally do so. We may share this aggregated information with other third parties. We reserve the right to drill down into anonymous demographic information in order to investigate unlawful conduct and/or breaches of this Web Privacy Statement and the Terms of Use.

Personal Information

Personal information is information that identifies an individual personally or can readily be associated with a particular individual. Personal information may in certain circumstances include such information as name, address, phone number, email address. When any of the aforementioned personal information is combined with credit history, date of birth, Social Security number, drivers license number, credit or debit card number, policy or claim information and health information, such personal information is referred to herein as “sensitive information.”

Through the Website, we may collect personal information, directly and indirectly, from our agents, from insured employers, from employees of insureds and from third parties, such as consumer reporting agencies.

We do not collect personal information through the Website other than what is voluntarily provided to us. You may supply us personal information about yourself or others through the Website in many different ways, including when you take action such as registering for use of the Website, contacting us through various links and entering data into various screens.

Personal information about an individual that was not provided directly by such individual, however, may be accessible through the Website.

2. How Do We Use the Information We Collect?

Berkley Risk uses information we collect through Berkley Risk’s website principally to enable us to provide our products and services to you and to support our business operations, including processing workers compensation claims, administering workers compensation programs, maintaining account records, providing risk analysis and management services, and responding to court orders and legal investigations. Berkley Risk may combine personal information we collect through the Website with personal information we collect using other methods or we receive from other sources, and such combined personal information may be used as described in the foregoing sentence. Berkley Risk and its affiliates may also use personal information to offer an enhanced, personalized online experience on the Website and offer products and services to you.

When you access the Website using a User ID and Password, we may use the personal information associated with such User ID and Password to identify the user and monitor and track such the user’s activities on the Website.

We may use IP addresses and anonymous demographic information in the aggregate to share with advertisers and market researchers, and to improve the design of the Website to better serve our customers. We may use other information to provide an online experience that matches your device.

3. Do We Share Information We Collect With Third Parties?

Unless prohibited by law, information we collect through the Website may be shared with (i) in addition to Affiliates, any other subsidiary or affiliate that is wholly-owned or otherwise controlled by W.R. Berkley Corporation, and (ii) other third parties:

(1) to process worker’s compensation claim or administer workers compensation programs;
(2) to service your request;
(3) to protect the rights, property, safety, or security of Berkley Risk, the Affiliates , website visitors, or the public;
(4) to communicate with our legal advisors; and
(5) as otherwise permitted by the Terms of Use or as permitted or required by the law.

Unless prohibited by law, we may transfer any information in our databases, including but not limited to personal information, to an affiliate or third party as part of a transfer of business assets.

We may also release information collected through the Website in special cases in order to comply with requests from law enforcement and government agencies, to enforce the and other agreements, and to protect customers and others. We may do so when we believe in good faith that disclosing this information is otherwise necessary or advisable, including, for instance, to identify, contact, or bring legal action against someone who may be causing injury to or interfering with the rights or property of Innophos, another user or anyone else that could be harmed by such activities.

Berkley Risk does not sell to mailing list companies, telemarketing companies, or any other non-affiliated company, any personal information that is collected through Berkeley Risk’s web site.

4. Do We Use Cookies?

Yes. When you browse to the Website, we may place a piece of data, called an electronic cookie, in a file on your computer. We may use cookies to track and measure your traffic patterns and web site usage. Cookies may also be used to manage and customize the content, layout, and services of the Website in order to improve the site, enhance customer service, and provide tailored messages. Cookies are widely used and most browsers are set up to accept them automatically. If you would prefer, you can choose to not accept cookies. If you choose not to accept cookies, certain functionality of the Website may become inaccessible to you. It's important to note that cookies do not capture any information that can personally identify you.

4. How Do We Safeguard Personal Information We Collect?

While we strive to protect personal information collected through the Website, we cannot guarantee the security of any information you disclose online and you do so at your own risk. This Website Privacy Statement does not extend to anything that is inherent in the operation of the Internet, and therefore beyond our control. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information collected through the Website, we cannot ensure or warrant the security of any information you transmit to us or from our Website, and you do so at your own risk.

Berkley Risk uses procedural, manual and electronic security controls to maintain the confidentiality and integrity of personal information in our possession and guard against its unauthorized access, as required by applicable federal and state law. Some techniques Berkley Risk employ to protect sensitive information include locked files, user authentication, encryption, firewall technology and the use of intrusion detection software. Berkley Risk take steps to identify sensitive information that must be protected, provide an adequate level of protection for that data and grant access to protected data as permitted by the Terms of Use or as permitted or required by law.

Some of our employees, agents and service providers may have access to personal information in the course of doing their jobs, which includes underwriting policies, processing claims, developing new products or advising customers of our products and services. They are expected to keep this information in confidence and share the information only with those who have a business reason to know. They are prohibited from making unauthorized disclosure of personal information that we obtain about individuals. Employees who violate our policies on privacy may be subject to disciplinary action.

The Website consists of secure areas (Agent Access, Employer Access or Employee Access) and public access areas. Secure areas require a correct combination of User-ID and and password before a visitor is permitted access. Web pages within secure areas of the Website use Secure Socket Layer (“SSL”) encryption to protect data traveling over the Internet. The Website does not collect or display sensitive information through its public access areas.

6. Other Important Information

Limitations

This Web Privacy Statement applies only to information collected through the Website. It does not apply to any information collected through any of our social media sites or information you provide to the websites we advertise on. Further this Web Privacy Statement does not apply to information we collect through other communications with you, including email communications, telephonic communications or non-electronic written communications.

This Web Privacy Statement is not a comprehensive statement of all compliance measures Berkley Risk may take across multiple jurisdictions.

Choice

By contacting us at the mailing address listed below, you can opt-out of receiving unsolicited communications.

Mailing Address: Berkley Assigned Risk Services, Attn: Webmaster, 222 South 9th Street, Suite 1300, Minneapolis, MN 55402

Changes

Berkley Risk reserves the right, at its discretion, to periodically update, change, modify, add, or remove portions of this Web Privacy Statement. If we change this Web Privacy Statement, we will post the revised Web Privacy Statement on this web site along with the date we posted the revised Web Privacy Statement.

EMail

Email, by nature, is generally not secure and may be intercepted and viewed by others. Therefore, you should refrain from sending any confidential or personal information via email to Berkley Risk.

Contact Information

If you believe that we have acted inconsistently with this Web Privacy Policy or have a question concerning this Web Privacy Statement, you may reach us at 612.766.3000 or privacy@berkleyrisk.com.

BERKLEY RISK’S AFFILIATES

Key Risk Insurance Company
Riverport Insurance Company
American Mining Insurance Company
Continental Western Insurance Company
Acadia Insurance Company
Tri-State Insurance Company

Effective Date:, July 15, 2012

Berkley Risk Administrators Company, LLC

Notice of Information Sharing Practices

We may collect personal information about individuals covered by workers compensation insurance policies for which we serve as administrator. The term “personal information” means individually identifiable information from which judgments can be made about an individual’s character, habits, avocations, finances, occupation, general reputation, credit, health or any other personal characteristics. We may obtain such personal information using various sources other than the individual and techniques such as employer reporting, private investigators, reports from managed care and medical providers, index bureau reporting, Medicare query reporting, and child support lien reporting databases. We may disclose this information without your prior authorization as follows: a) to an insurance institution in order to detect or prevent criminal activity, fraud, material misrepresentation or material nondisclosure in connection with insurance transactions, or for either the disclosing or receiving insurance institution to perform its function in connection with an insurance transaction involving the individual; b) to a medical care institution or medical professional for the purpose of verifying insurance coverage or benefits, informing an individual of a medical problem of which the individual may not be aware, or conducting an operations or services audit, provided only such information is disclosed as is reasonably necessary to accomplish the foregoing audit; c) to an insurance regulatory authority; d) to a law enforcement or other governmental authority in order to prevent or prosecute the perpetuation of a fraud against us, or if we reasonably believe that illegal activities have been conducted by the individual; and e) to a group policyholder for the purpose of reporting claims experience or conducting an audit of the related insurance operations or services, provided the information disclosed is reasonably necessary for the group policyholder to conduct the review or audit. In certain states, you may request access to the personal information we have about you by properly identifying yourself to us and making a written request for such information, provided that said information is reasonably locatable and retrievable by us. If requested by you, we will also provide you with a list of the persons and/or institutions with which we have shared your personal information within two years prior to your request. In addition, you may request a correction, amendment or deletion of recorded personal information by contacting us in writing regarding your request. Within thirty days of receiving said request, we will either accept or reject your request and notify you of our decision. If we decide not to grant your request, we will also notify you of the reasons for it. If we correct the information, we will forward the corrected information to others as required to ensure that your personal information is accurate. If we do not grant your request, you may file a statement with us describing what you believe to be the correct information and a concise description of the reasons you disagree with our decision. We will include your statement with your personal information when we share that information with others as described above. Information obtained from a report prepared by an insurance-support organization may be retained by the insurance-support organization and disclosed to other persons. An “insurance-support organization” means any person who regularly engages, in whole or in part, in the practice of assembling or collecting information about natural persons for the primary purpose of providing information to an insurance institution or agent for insurance transactions, but shall not include agents, governmental institutions, insurance institutions, medical care institutions and medical professionals.

BRAC 07.01.2012