Legal & Privacy Center

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Chubb DNC Policy

The term “Chubb” as used herein, means those insurers doing business in the United States that are directly or indirectly owned by Chubb Limited.Chubb does not place marketing telephone calls (which for purposes of this Policy include text messages) to numbers appearing on a state or federal Do Not Call list (unless permitted by applicable law) or to the number of a person who has requested not to receive telemarketing calls made by or on behalf of Chubb.If you ask not to receive telemarketing calls from us, you will be placed on our internally-maintained Do Not Call list and will not be called during any future telemarketing campaigns within the next five years (or any longer period required by applicable law). Any request to be placed on our internally-maintained Do Not Call list will be processed within a reasonable amount of time, not to exceed 30 days (or any shorter period required by applicable law).Chubb employees receive training on how to use our internally-maintained Do Not Call list; how to document, process and honor requests to be placed on its internally-maintained Do Not Call list; and proper identification during telemarketing calls. Chubb requires any third-party that initiates telemarketing calls on Chubb’s behalf to comply with this policy.We reserve the right to revise this Do Not Call Policy.

Chubb Fraud Notice

Fraud Notice: (Should Be on Back). “Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and shall also be subject to criminal and civil penalties.”

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Notice of HIPAA Privacy Practices for Protected Health Information

Effective Date: December 16, 2025

This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

1. Notice of PHI Uses and Disclosures

A. Required Uses and Disclosures

• Upon your request, the Company is required to give you access to certain PHI in order to inspect and copy it.
• Use and disclosure of your PHI may be required by the Secretary of Health and Human Services to investigate or determine the Company's compliance with the privacy regulations.

B. Uses and Disclosures to Carry Out Treatment, Payment, and Health Care Operations The Company and its business associates will use PHI without your consent, authorization, or opportunity to agree or object to carry out the following:

• Treatment: Provision, coordination, or management of health care and related services, including consultations and referrals.
• Payment: Actions to make coverage determinations and payment, such as claims management and pre-authorizations.
• Health Care Operations: Underwriting, premium rating, case management, legal services, and auditing functions.
• Note: The Company will not use or disclose PHI that is genetic information for underwriting purposes.

C. Uses and Disclosures that Require Your Written Authorization The Company will not use or disclose your PHI for the following purposes without your specific, written authorization:

• Use and disclosure of psychotherapy notes, except for treatment, training, or legal defense.
• Use and disclosure for marketing purposes, except for face-to-face communications.
• Use and disclosure that constitute the sale of your PHI.

D. Uses and Disclosures for which Consent or Authorization is Not Required The Company may disclose PHI without your authorization in circumstances including:

• When required by law.
• For public health activities, such as reporting product defects or communicable diseases.
• To report information about abuse, neglect, or domestic violence.
• For judicial or administrative proceedings, such as in response to a subpoena.
• For law enforcement purposes, to coroners, or for organ procurement.
• To prevent a serious and imminent threat to health or safety.
• For workers' compensation or government functions like national security.

II. Rights of Individuals

• Right to Request Restrictions: You may request restrictions on the use and disclosure of your PHI for treatment, payment, or health care operations. The Company is not required to agree unless you have paid out of pocket in full.
• Right to Inspect and Copy PHI: You have a right to inspect and obtain a copy of your PHI contained in a "designated record set" for as long as the Company maintains it.
• Right to Amend PHI: You have the right to request the Company amend your PHI in a designated record set.
• Right to Receive an Accounting of PHI Uses and Disclosures: You may request an accounting of disclosures made during the six years prior to your request, excluding those for treatment, payment, or operations.
• Right to Obtain a Paper Copy: You may obtain a paper copy of this notice upon request, even if you consented to receive it electronically.

III. The Company's Duties

The Company is required by law to maintain the privacy of PHI, provide notice of its legal duties, and notify affected individuals of a breach of unsecured PHI. When using or disclosing PHI, the Company will make reasonable efforts to use only the minimum amount of PHI necessary to accomplish the intended purpose.

IV. Contact Information and Complaints

If you believe your privacy rights have been violated, you may file a complaint with the Company or the U.S. Department of Health and Human Services (HHS).

Company Contact: North America Chief Privacy Officer, Chubb Group 202 Hall's Mill Road, Whitehouse Station, NJ 08889 Phone: 1-833-324-9798 Email: naprivacyoffice@chubb.com

HHS Contact: Centralized Case Management Operations, U.S. Department of Health and Human Services 200 Independence Avenue, S.W., Room 509F HHH Bldg., Washington, D.C. 20201 Email: OCRComplaint@hhs.gov

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Chubb Electronic Transactions Terms & Conditions

The Chubb Group of Companies, as affiliated covered and hybrid entities, (the "Company") is required by law to

VOLUNTARY CONSENT TO ELECTRONIC TRANSACTIONS, SIGNATURE AND PAYMENTS

take reasonable steps to ensure the privacy of your personally identifiable health information, and to inform you

Please carefully read the following terms and conditions applicable to this Voluntary Consent to Electronic Transactions, Signature and Payments. Your consent to electronic transactions, signature and payments is voluntary.

about:

1. ELECTRONIC TRANSACTIONS

▪ The Company's uses and disclosures of Protected Health Information ("PHI");

TYPE OF ELECTRONIC TRANSACTIONS SUBJECT TO THIS CONSENT

▪ Your privacy rights with respect to your PHI;

ACE Property and Casualty Insurance Company, a Chubb Company, and its affiliated insurers in the Chubb Group (collectively, “Chubb or “us”) are required by law to provide its policyholders with certain documents, notices and payments related to any policy you may have with us. In an effort to streamline how you do business with us, we are providing you with the option of receiving these documents, notices and acknowledgements electronically. These documents may include, but are not be limited to, the following:

▪ The Company's duties with respect to your PHI;

✓ Policy(s) documents, forms, and endorsements

▪ Your right to file a complaint with the Company and to the Secretary of the U.S. Department of Health and

✓ Policyholder notices

Human Services (“Secretary of Health and Human Services” or "HHS"); and

✓ Selection/Rejection Forms

▪ The person or office to contact for further information regarding the Company's privacy practices.

✓ Invoices

PHI includes all individually identifiable health information transmitted or maintained by the Company, regardless

✓ Acknowledgements of claims

of form (e.g., oral, written, electronic).

✓ Cancellation and Non-renewal Notices

A federal law, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), regulates PHI use and

✓ Premium Increase Notices or Conditional Renewal Notices

I. Notice of PHI Uses and Disclosures

✓ State required notices, such as privacy notices and disclosures

This notice summarizes the regulations. The regulations will supersede any discrepancy between the information

✓ Claim notices, including explanation of benefits, proof of loss, claims documentation, releases, authorizations to obtain medical records, affidavits, and disclosures, to the extent permitted by law

in this notice and the regulations.

The delivery of insurance and claims-related documents to you electronically, rather than sending paper copies, does not affect the validity, legal effect or enforceability of these insurance or claims-related documents. While we reserve the right to modify the terms of this Consent, we will not do so without first providing you with notice of any changes. The modified terms will apply to your insurance policy(s) and claims transactions, and will be binding on you unless you withdraw your agreement to this Voluntary Consent to Electronic Transactions, Signature and Payments.

A. Required Uses and Disclosures

METHOD OF DELIVERY

Upon your request, the Company is required to give you access to certain PHI in order to inspect and copy it.

We may make electronic documents available to you by posting them to our secure Chubb portal:

B. Uses and Disclosures to Carry Out Treatment, Payment, and Health Care Operations

https://portal.ahenroll.chubb.com, or we may send them via e-mail whether as text in, attachments to, and/or hyperlinks from, such emails to the email address that you provide to us. If you cannot access an electronic document, please send an email to chubbservice@90degreebenefits.com. Please note that, in some states, we may be required under existing state law, to send paper notices to you (e.g. cancellation, non-renewal or premium increase notices), in addition to any electronic notices we may send you, in order for such notices to become effective. Otherwise, if you live in a state where paper notices are not required to be sent, we will only send notices to you electronically.

Use and disclosure of your PHI may be required by the Secretary of Health and Human Services to investigate

WITHDRAWAL OF CONSENT

or determine the Company’s compliance with the privacy regulations.

You may withdraw your consent to electronic delivery by providing notice to us at any time. If you provide such notice of your intent to withdraw consent, withdrawal will not become effective until seven (7) days after our receipt of such notice.

The Company and its business associates will use PHI without your consent, authorization or opportunity to

Your withdrawal will not affect or change in any way the legal effectiveness, validity or enforceability of any documents that were delivered to you electronically before your withdrawal became effective.

disclosure by the Company. You may find these rules at

To withdraw consent, please email chubbservice@90degreebenefits.com. In the subject header of the e-mail, please indicate “Withdrawal of Consent” and include your policy(s) number.

agree or object to carry out treatment, payment and health care operations. The Company may also disclose

If you choose to receive certain insurance documents in paper format, it will reduce the speed at which we can complete certain transactions concerning your policy as we are then dependent on the U.S. Postal Service for delivery of your requests and our responses back to you. If you choose this option, we will be required to send your insurance related documents to the mailing address you provided.

PHI to a plan sponsor for purposes related to treatment, payment and health care operations and as otherwise

REQUEST FOR ADDITIONAL COPIES

permitted under HIPAA to the extent the plan documents restrict the use and disclosure of PHI as required by

While you can choose to print and save any of your electronic insurance policy documents, we also want you to know that you may request a paper or electronic copy of any insurance policy documents or records from us at no additional charge, at any time. Please send an e-mail to chubbservice@90degreebenefits.com.

HIPAA.

In the subject header of the e-mail, please indicate “Policy Reprint” and include your policy(s) number.

Health care operations include, but are not limited to, underwriting, premium rating and other insurance activities

In the body of the e-mail please provide us with the particular notice or document you are requesting and the manner in wish you’d like it sent.

is not limited to, consultations and referrals between one or more of your providers. For example, the Company

UPDATING CONTACTS AND OTHER NOTICES, REQUESTS AND INQUIRIES

may disclose to a treating orthodontist the name of your treating dentist so that the orthodontist may ask for your

Please keep us up to date with how we may best contact you electronically. If you wish to correct or update your email address from what was previously provided you may do so at any time. To update your information, please email chubbservice@90degreebenefits.com with your details.

dental X-rays from the treating dentist.

All requests, notices and other communications from you under this Consent must be made to us in writing (including via email) to chubbservice@90degreebenefits.com or you can make a request by phone by contacting us at 1-800-239-3503.

Payment includes, but is not limited to, actions to make coverage determinations and payment (including

If you fail to log into your account during a 12-month period or if we have reason to believe your email

establishing employee contributions, claims management, obtaining payment under a contract of reinsurance,

address is no longer valid, we will contact you by US mail to ensure we have the correct information on file.

1utilization review and pre-authorizations). For example, the Company may tell a doctor whether you are eligible

2. CONSENT TO ELECTRONIC PAYMENT

for coverage or what percentage of the bill will be paid by the Company.

You have the option to receive all covered claim payment as an electronic payment via automated clearing house (direct) deposit into your checking account. Chubb will not impose any fees on you for choosing to accept your payments electronically, but your financial institution may impose a fee or charge. By checking the “I agree” box below, you are accepting this offer and consenting to accept your claim payments electronically. Agreeing to this method of receiving your claim payments is voluntary. Your payments received through electronic transfer may be subject to attachment or garnishment if your account is subject to the same. Once you submit a claim to us, and we accept it for payment, you will receive an email with a link to setup an account and provide the routing and account number for the bank or other account where you wish the funds be deposited. Except as noted below, if you do not set up an account and provide the account information within three (3) days, we will automatically issue the payment via check mailed to the address on file.

C. Uses and Disclosures that Require Your Written Authorization

Some claims under certain portions of your policy, may be subject to automatic payment upon a loss. In this event, to the extent permitted by law, payment of your claim will be made automatically to the account or credit card you have provided us upon issuance of your policy (the “payment account”). You may change your payment account at any time by notifying us at chubbservice@90degreebenefits.com or logging into your account at https://portal.ahenroll.chubb.com.

relating to creating or reviewing insurance contracts. It also includes disease management, case management,

Unclaimed funds are subject to the applicable laws concerning unclaimed property.

conducting or arranging for medical review, legal services and auditing functions including fraud and abuse

3. CONSENT TO ELECTRONIC SIGNATURE

compliance programs, business planning and development, business management and general administrative

You also agree that your electronic signature is the legal equivalent of your manual signature on this document and on the documents noted in this Consent. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise agree, acknowledge, consent, opt-in, or certify to this consent and any of the above documents constitutes your signature, acceptance and agreement as if manually signed by you in writing. You agree that no certification authority or other third-party verification is necessary to validate such signature, and that the lack of such certification or third-party verification will not in any way affect the enforceability of such signature or any such document. You represent that you will be bound by the terms of this Consent. This Voluntary Consent to Electronic Transactions, Signature and Payment is effective until withdrawn by you. Doing business electronically will not affect the validity, legal effect or enforceability of any of your transactions with Chubb.

activities. For example, the Company may use information about your claims to refer you to a disease

4. HARDWARE AND SYSTEM REQUIREMENTS

management program, project future benefit costs or audit the accuracy of its claims processing functions. The

In order to receive, access, view, sign and retain electronic transmissions that we make available to you, you will need a personal computer or electronic device with internet connectivity and each of the following:

Company will not use or disclose PHI that is genetic information for underwriting purposes.

Browsers: The latest stable release (except where noted) of the following browsers: Chrome, Firefox, Safari (Mac OS X only), Internet Explorer 11+

The Company also may contact you to provide appointment reminders or information about treatment

PDF Reader: Acrobat Reader® or similar software may be required to view and print PDF files

alternatives or health-related benefits and services that may be of interest to you.

Screen Resolution: 1024 x 768 minimum (for desktops and laptops)

The Company will not use or disclose your PHI for the following purposes without your specific, written

Enabled Security Settings: Allow per session cookies

authorization:

We will notify you if these requirements change.

▪ Use and disclosure of psychotherapy notes, except for your treatment, Company training programs, or to

5. CLICKING “I AGREE”

defend the Company against litigation filed by you.

By agreeing to this Voluntary Consent to Electronic Transactions, Signature and Payments, including the terms and conditions set forth in this document, you are giving us your consent to allow Chubb to deliver all documents, notices and claim payments relating to your insurance policy(s) electronically rather than by any other method of delivery (such as paper). If you need any assistance following the transaction, please send an email to chubbservice@90degreebenefits.com. You specifically acknowledge, as part of your clicking “I agree” that certain documents to be delivered electronically will contain confidential information and information regarding your personal financial matters (“Personal Financial Information”)

▪ Use and disclosure for marketing purposes, except for face to face communications with you or otherwise

and other personally identifiable information, and consent to the delivery of such confidential information, Personal Financial Information and personally identifiable information by electronic means.

▪ Use and disclosure that constitute the sale of your PHI. The Company does not sell the PHI of its

This Consent will remain in effect until you withdraw it.

permitted by HIPAA.

ACKNOWLEDGEMENT TO RECEIVE NOTICES, DOCUMENTS AND PAYMENTS ELECTRONICALLY

D. Uses and Disclosures Requiring Authorizations or Opportunity to Agree or Disagree Prior to the Use or

By agreeing to the terms and conditions in this Consent, you are confirming that your computer or electronic device meets the system requirements necessary to print, store and receive documents electronically and that you may be able to access such documents for future reference. By checking the “I Agree” box I confirm that:

customers.

• I AGREE TO RECEIVE ALL MAILINGS, NOTICES, COMMUNICATIONS, DOCUMENTS AND CLAIM PAYMENTS ELECTRONICALLY;

Except as otherwise indicated in this notice, uses and disclosures of PHI will be made only with your written

• I can access and read this VOLUNTARY CONSENT TO ELECTRONIC TRANSACTIONS, SIGNATURE AND PAYMENTS document; and

authorization subject to your right to revoke such authorization. You may revoke an authorization by submitting

• I can print on paper this document or save or send this document to a place where I can print it, for future reference and access.

a written revocation to the Company at any time. If you revoke your authorization, the Company will no longer

Trade Sanction Disclosure

use or disclose your PHI under the authorization. However, any use or disclosure made in reliance of your

I understand that once I have completed the enrollment process, it will be subject to underwriting verification by the Insurance Company. This offer is not binding to the extent that the United States or economic sanctions or other laws or regulations prohibit (Federal Insurance Company, a Chubb Company)/(ACE American Insurance Company) from offering or providing insurance. To the extent any such prohibitions apply, this offer is void JA initio.

authorization before its revocation will not be affected.

Smirk Privacy Policy

Release

Effective Date: January 1, 2025

Disclosure of your PHI to family members, other relatives or your close personal friends is allowed if:

If you do not agree with the terms of this Privacy Policy, please do not use our Site.

If you authorize in writing the Company to use or disclose your own PHI, the Company may proceed with such

1. Information We Collect

use or disclosure without meeting any other requirements and the use or disclosure shall be consistent with the

We may collect information about you in a variety of ways, including:

authorization.

a. Personal Information You Provide

▪ The information is directly relevant to the family or friend's involvement with your care or payment for

Account Information: When you register for an account, we collect your name, email address, phone number, and payment details.

▪ You have either agreed to the disclosure or have been given an opportunity to object and have not

Contact Forms: Information you provide when submitting inquiries or requests via the Site.

that care; and

b. Automatically Collected Information

is the provision, coordination or management of health care and related services. It also includes, but

Usage Data: Information about your use of the Site, such as access times, pages viewed, and device interactions.

objected.

Cookies and Tracking Technologies: Data collected through cookies, web beacons, and similar technologies to enhance your experience.

E. Substance Use Disorder Records

c. Third-Party Information

If you were treated by a health care provider or program that is subject to the federal privacy laws under 42 CFR

Information about you provided by third-party service providers, such as payment processors or marketing partners.

Part 2 and you give consent for your Part 2 treatment records to be used and disclosed for purposes of

2. How We Use Your Information

treatment, payment, or health care operations, the Company may rely on such consent for its own future uses

We use the information we collect for purposes including:

and disclosures of such records for treatment, payment, or health care operations.

To Provide Services: Facilitate purchases, process payments, and manage accounts.

2(3) Substance use disorder treatment records received from a programs subject to 42 CFR Part 2, or testimony

To Improve Services: Analyze usage trends, troubleshoot issues, and develop new features.

relaying the content of such records, may not be used or disclosed in civil, criminal, administrative, or legislative

To Communicate: Send you updates, notifications, and promotional materials.

proceedings against you unless: (1) you provide written consent; or (2) the Company receives a court order

To Comply with Legal Obligations: Fulfill regulatory requirements and enforce our terms.

accompanied by a subpoena or other legal requirement compelling disclosure and you, or the holder of your

Personalization and Recommendations: Provide personalized content and suggestions to enhance your experience.

substance use disorder treatment record, are provided notice and an opportunity to be heard.

Fraud Prevention and Security: Detect and prevent fraudulent or unauthorized activities to ensure a secure user environment.

Under the HIPAA privacy and security rules, the Company may be required to comply with other more stringent

3. Sharing Your Information

state or federal privacy laws that require greater limits on disclosure of your PHI, such as 42 CFR Part 2 related

We may share your information with:

to substance use disorder treatment records.

Service Providers: Third parties that assist with payment processing, hosting, analytics, and customer support.

F. Uses and Disclosures for which Consent, Authorization or Opportunity to Object is Not Required

Advertising Partners: Collaborate with ad networks to show you relevant promotions. Your identifiable personal information is not shared for advertising.

Use and disclosure of your PHI is allowed without your authorization or request under the following

Legal Authorities: When required by law or to protect our legal rights.

circumstances:

Business Transfers: If we are involved in a merger, acquisition, or asset sale, your information may be transferred as part of that transaction.

(1) When required by law.

4. Data Security

(2) When permitted for purposes of public health activities, including when necessary to report product

We implement administrative, technical, and physical safeguards to protect your information. These include:

defects, permit product recalls and conduct post-market surveillance. PHI may also be used or disclosed

• Encryption during data transmission.
• Secure storage systems for personal data.
• Regular security audits to maintain system integrity.

if you may have been exposed to a communicable disease or are at risk of contracting or spreading a

However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

disease or condition, if authorized by law.

5. Your Rights and Choices

When authorized by law to report information about abuse, neglect or domestic violence. In such case,

Access and Correction: You may access and update your personal information through your account settings on the Site.

the Company will promptly inform you that such a disclosure has been or will be made unless that notice

Marketing Preferences: Opt out of receiving promotional communications by following the instructions in our emails.

would cause a risk of serious harm. For the purpose of reporting child abuse or neglect, it is not

Cookies and Identifiers: Modify browser settings to restrict tracking or disable cookies.

necessary to inform the minor that such a disclosure has been or will be made. Disclosure may generally

6. Retention of Personal Information

be made to the minor’s parents or other representatives although there may be circumstances under

We retain your personal information for as long as necessary to provide the Services or comply with legal obligations. When no longer needed, we securely delete or anonymize your information.

federal or state law where the parents or other representatives may not be given access to the minor’s

7. Children's Privacy

PHI.

Our Site is not intended for children under 18. We do not knowingly collect personal information from children. If you believe we have collected such information, please contact us to request deletion.

The Company may disclose your PHI to a health oversight agency for oversight activities authorized by

8. Cookies and Tracking Technologies

law. This includes uses or disclosures in civil, administrative or criminal investigations; inspections;

We use cookies and similar technologies to enhance functionality and improve user experience. These include:

licensure or disciplinary actions (for example, to investigate complaints against providers); and other

• Tracking user interactions for performance analysis.
• Enhancing user personalization.

activities necessary for appropriate oversight of government benefit programs (for example, to investigate

You can manage cookie preferences through your browser settings.

Medicare or Medicaid fraud).

9. Third-Party Links and Integrations

The Company may disclose your PHI when required for judicial or administrative proceedings. For

Our Site may include links to third-party websites. We are not responsible for their content or privacy practices. This Privacy Policy does not apply to third-party websites.

example, your PHI may be disclosed in response to a subpoena or discovery request provided certain

10. International Users

conditions are met. One of those conditions is that satisfactory assurances must be given to the

If you access our Site from outside the United States, your information may be transferred to and processed in the U.S. By using the Site, you consent to such transfer and processing.

Company that the requesting party has made a good faith attempt to provide written notice to you, and

11. Changes to This Privacy Policy

the notice provided sufficient information about the proceeding to permit you to raise an objection and no

We may update this Privacy Policy from time to time. Changes will be effective upon posting on the Site. Your continued use of the Site constitutes acceptance of the updated policy.

objections were raised or all objections were resolved in favor of disclosure by the court or tribunal.

12. Contact Us

For law enforcement purposes, including to report certain types of wounds or for the purpose of

The Smirk App is developed by Smirk Health. If you have any questions about this Privacy Policy, please contact us:

identifying or locating a suspect, fugitive, material witness or missing person. Also, when disclosing

Smirk Health
Email: support@smirkhealth.com
Address: 166 Hargraves Drive, Ste C-400 PMB 131, Austin, TX 78737

information about an individual who is or is suspected to be a victim of a crime but only if the individual

Thank you for trusting Smirk Health!

agrees to the disclosure or the Company is unable to obtain the individual’s agreement because of

Smirk Terms and Conditions

emergency circumstances. Furthermore, the law enforcement official must represent that the information

At Smirk Health, we are committed to providing our customers with the best possible dental insurance plans. We understand that circumstances may arise where a refund is necessary. Please read our refund policy carefully to understand the terms under which refunds may be granted for dental insurance purchases.

Effective Date: January 1, 2025

is not intended to be used against the individual, the immediate law enforcement activity would be

Welcome to Smirk Health ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website ("Site") located at www.smirkhealth.com and the services provided through the Site, including the purchase of dental insurance plans, dental discount products, provider searches, and informational content (collectively, "Services"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Site or Services.

materially and adversely affected by waiting to obtain the individual’s agreement and disclosure is in the

1. General Terms

best interest of the individual as determined by the exercise of the Company’s best judgment.

These Terms constitute a legally binding agreement between you and Smirk Health. By using the Site, you represent that you have read, understood, and agree to these Terms and our Privacy Policy. Supplemental terms or policies may apply to specific features of the Site and are incorporated herein by reference. We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting on the Site, and your continued use of the Site constitutes acceptance of the updated Terms. The Site is not intended for distribution or use in any jurisdiction where such distribution or use would be contrary to law or regulation. By accessing the Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws. The Site is intended for users who are at least 18 years old. Persons under 18 are prohibited from registering or using the Site.

When required to be given to a coroner or medical examiner for the purpose of identifying a deceased

2. Eligibility

person, determining a cause of death or other duties as authorized by law. Disclosure is permitted to

You must be at least 18 years old to use this Site and purchase Services. By using the Site, you represent and warrant that you meet this eligibility requirement.

funeral directors, consistent with applicable law, as necessary to carry out their duties with respect to the

3. Use of the Site

3

You agree to use the Site only for lawful purposes. You are prohibited from:

(4) (5) (6) (7) (8) decedent. The Company may also disclose your PHI to organ procurement organizations.

• Interfering with or disrupting the operation of the Site.
• Attempting to gain unauthorized access to any part of the Site or its related systems.
• Using the Site to harass, harm, or defraud any person or entity.

The Company may use or disclose PHI for government-approved research, subject to conditions.

4. Account Registration

(9) When consistent with applicable law and standards of ethical conduct if the Company, in good faith,

Certain features of the Site may require you to create an account. You agree to:

believes the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the

• Provide accurate and complete information during registration.
• Maintain the security of your account credentials.
• Notify us immediately of any unauthorized use of your account.

health or safety of a person or the public and the disclosure is to a person reasonably able to prevent or

5. Purchases and Payments

lessen the threat, including the target of the threat.

All prices for dental insurance plans and dental discount products are listed in USD and are subject to change without notice. Payment must be made at the time of purchase through our secure payment gateway. By completing a purchase, you agree to the terms of the dental insurance plan or dental discount product as outlined in the policy documents. If your purchase is subject to recurring charges, you authorize us to charge your payment method on a recurring basis until cancellation. We reserve the right to correct pricing errors even after payment has been received.

(10) For certain government functions such as related to military service or national security.

6. Refund Policy

(11) When authorized by and to the extent necessary to comply with workers’ compensation or other similar

Refer to the refund policy provided earlier for Smirk Health.

programs established by law.

7. AI-Powered Tools and Outputs
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(12) That is "incident to" an otherwise permitted use or disclosure of PHI by the Company.
Certain features of the Site and Services may utilize artificial intelligence, machine learning, or automated decision-support tools (collectively, “AI Tools”) developed, owned, or operated by Smirk Health. These AI Tools are proprietary Smirk Health solutions and are not developed, endorsed, approved, or provided by any insurance carrier, dental plan issuer, provider network, partner, or other third party unless expressly stated otherwise in writing.
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Outputs generated by the AI Tools are provided for informational and assistance purposes only and do not constitute medical, dental, legal, or insurance advice, nor do they replace the terms, conditions, or determinations of any insurance policy or dental discount program. Smirk Health’s AI Tools do not make eligibility, underwriting, pricing, or benefit determinations on behalf of any carrier or provider.  Information provided through the Smirk Health’s AI Tools is developed and provided by Smirk Health, not Chubb or any insurance carrier. Policyholders make their own informed decisions to utilize or rely on these services, and Chubb has no responsibility for services or related information that may be provided.  You acknowledge that AI-generated outputs may contain errors, omissions, or limitations and may not be appropriate for your specific circumstances.

Information provided through the Smirk Health’s AI Tools is developed and provided by Smirk Health, not Chubb or any insurance carrier. Policyholders make their own informed decisions to utilize or rely on these services, and Chubb has no responsibility for services or related information that may be provided.

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II. Rights of Individuals

8. Provider Network Information

A. Right to Request Restrictions on Use and Disclosure of PHI

While we strive to keep our provider network information accurate and up-to-date, we do not guarantee that the information is error-free. Providers may change their participation status without notice. Please verify network participation with your selected provider before scheduling an appointment.

You may request the Company to restrict its use and disclosure of your PHI to carry out treatment, payment or

9. Intellectual Property Rights

health care operations, or to restrict its use and disclosure to family members, relatives, friends or other persons

Unless otherwise indicated, the Site and its content, including text, graphics, software, and trademarks, are the proprietary property of Smirk Health or its licensors. You are granted a limited license to use the Site and its content for personal, non-commercial purposes. All rights not expressly granted are reserved by Smirk Health.

identified by you who are involved in your care or payment for your care. However, the Company may not be

10. Prohibited Activities

required to agree to your request, unless you have paid out of pocket in full for services, depending on the

You agree not to:

specific facts.

• Use the Site for any unauthorized or illegal purposes.
• Systematically retrieve data from the Site to create a database.
• Circumvent security features of the Site.
• Use automated tools like bots or scrapers to access the Site.
• Upload or transmit harmful content such as viruses.

The Company will accommodate reasonable requests to receive communications of PHI by alternative means or

11. Limitation of Liability

at alternative locations, such as a location other than your home. The Company will accommodate this request if

To the fullest extent permitted by law, Smirk Health shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use or inability to use the Site or Services. Our total liability for any claims relating to the Services shall not exceed the amount you paid for the Services in the preceding 12 months.

you state in writing that you would be in danger from receiving communications through the normal means.

12. Termination

You or your personal representative will be required to complete a form to request restrictions on uses and

We reserve the right to terminate or suspend your access to the Site and Services at our sole discretion, without notice, for any reason, including violation of these Terms.

disclosures of your PHI.

13. Governing Law

Such requests should be made to the Company by writing to North America Chief Privacy Officer, Chubb Group,

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

202 Hall’s Mill Road, Whitehouse Station, NJ 08889, calling 1-833-324-9798, or emailing

14. Changes to These Terms

naprivacyoffice@chubb.com.

We may update these Terms from time to time. Changes will be effective immediately upon posting on the Site. Your continued use of the Site constitutes acceptance of the updated Terms.

B. Right to Inspect and Copy PHI

15. Contact Us

You have a right to inspect and obtain a copy, or request an electronic copy, of your PHI contained in a

If you have any questions about these Terms, please contact us at:

"designated record set," for as long as the Company maintains the PHI. The Company may charge a

Smirk Health
Email: support@smirkhealth.com
Address: 166 Hargraves Drive, Ste C-400 PMB 131, Austin, TX 78737

reasonable cost-based fee for copies of your PHI.

Smirk Refund Policy

All refunds for insurance products offered through Smirk Health are issued solely in accordance with the terms and conditions of the applicable insurance policy.

Refund eligibility, amounts, timing, and any limitations are determined by the issuing insurance carrier and are subject to the specific policy provisions, including but not limited to coverage periods, cancellation rights, and claims activity.

Smirk Health does not modify, override, or expand refund rights beyond those expressly provided in the applicable insurance policy.

Customers are encouraged to review their insurance policy documents carefully for complete and authoritative information regarding refunds and cancellations.

Contact Us

You may exercise your rights through a personal representative. Your personal representative will be required to produce evidence of his/her authority to act on your behalf before that person will be given access to your PHI or allowed to take any action for you. Proof of such authority may take one of the following forms:

If you have any questions regarding this refund policy or need further assistance, please contact our support team at support@smirkhealth.com.
‍
We are here to help you.

▪ A power of attorney for health care purposes, notarized by a notary public;

▪ A court order of appointment of the person as the conservator or guardian of the individual; or

▪ An individual who is the parent of a minor child.

The Company retains discretion to deny access to your PHI to a personal representative to provide protection to those vulnerable people who depend on others to exercise their rights under these rules and who may be subject to abuse or neglect. This also applies to personal representatives of minors.

This following is a list of the Chubb Group of Companies located in the United States: ACE American Insurance Company, ACE Fire Underwriters Insurance Company, ACE Insurance Company of the Midwest, ACE Life Insurance Company, ACE Property and Casualty Insurance Company, Agri General Insurance Company, Atlantic Employers Insurance Company, Bankers Standard Insurance Company, Century Indemnity Company, Chubb Custom Insurance Company, Chubb Indemnity Insurance Company, Chubb Insurance Company of New Jersey, Chubb Lloyds Insurance Company of Texas, Chubb National Insurance Company, Executive Risk Indemnity Inc., Executive Risk Specialty Insurance Company, Federal Insurance Company, Great Northern Insurance Company, Illinois Union Insurance Company, Indemnity Insurance Company of North America, Insurance Company of North America, Pacific Employers Insurance Company, Pacific Indemnity Company, Penn Millers Insurance Company, Vigilant Insurance Company, Westchester Fire Insurance Company, Westchester Surplus Lines Insurance Company, Combined Insurance Company of America, and Combined Life Insurance Company of New York. These companies have designated themselves as hybrid entities and only those designated health care components identified by such companies are subject to HIPAA. In addition, these companies are legally separate affiliated companies under common ownership and have designated themselves as a single covered entity for purposes of HIPAA compliance.

III. The Company's Duties

VI. Chubb Group Legal Entities

The Company is required by law to maintain the privacy of PHI and to provide individuals (participants and beneficiaries) with notice of its legal duties and privacy practices and to notify affected individuals of a breach of unsecured PHI. The Company is required to abide by the terms of this notice.

If you have any questions regarding this notice or the subjects addressed in it, you may contact: North America Chief Privacy Officer, Chubb Group, 202 Hall’s Mill Road, Whitehouse Station, NJ 08889, phone 1-833-324-9798, or email naprivacyoffice@chubb.com.

The Company reserves the right to change its privacy practices and to apply the changes to any PHI received or maintained by the Company prior to that date. If a privacy practice is changed, a revised version of this notice will be provided.

V. Contact Information

A. "Minimum Necessary" Standard

If you believe that your privacy rights have been violated, you may complain to the Company by writing to North America Chief Privacy Officer, Chubb Group, 202 Hall’s Mill Road, Whitehouse Station, NJ 08889, calling 1-833-324-9798, or emailing naprivacyoffice@chubb.com. You may file a complaint with the U.S. Department of Health and Human Services by sending a written complaint to Centralized Case Management Operations, U.S. Department of Health and Human Services, 200 Independence Avenue, S.W ., Room 509F HHH Bldg., Washington, D.C. 20201, emailing OCRComplaint@hhs.gov, faxing (202) 619-3818, or visiting https://www.hhs.gov/hipaa/filing-a-complaint/index.html. Your complaint must be submitted within 180 days of when you believe the violation occurred. The Company will not retaliate against you for filing a complaint.

When using or disclosing PHI, or when requesting PHI from another covered entity, the Company will make reasonable efforts not to use, disclose or request more than the minimum amount of PHI necessary to accomplish the intended purpose of the use, disclosure or request, taking into consideration practical and technological limitations.

IV . Your Right to File a Complaint with the Company or the HHS Secretary

However, the minimum necessary standard will not apply in the following situations:

In addition, the Company may use or disclose "summary health information" to a plan sponsor for obtaining premium bids or modifying, amending or terminating coverage under a group health plan, which summarizes the claims history, claims expenses or type of claims experienced by individuals for whom the plan sponsor has provided health benefits under the group health plan; and from which identifying information has been deleted in accordance with HIPAA.

▪ Disclosures to or requests by a health care provider for treatment;

This notice does not apply to information that has been "de-identified." De-identified information is information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual. De-identified information is not individually identifiable health information.

▪ Uses or disclosures made to the individual;

▪ Uses or disclosures that are required for the Company's compliance with legal regulations.

▪ Disclosures made to the Secretary of Health and Human Services;

▪ Uses or disclosures that are required by law; and