Terms and conditions
1. Brokerage services
1.1 Placement and renewal of insurance programs:
•
Placement
and
negotiation
of
the
insurance
policies
of
the
Programs
with
the
corresponding
insurer(s), upon agreement of the Client;
•
In
the
renewal
phase
of
the
Program(s),
to
perform
the
placement
or
renewal
of
the
Program(s) in the best interest of the Client.
1.2 Program Management:
•
Arrange
for
the
issuance
of
contractual
documents
and
verify
that
the
policies
and
their
supplements
issued
by
the
insurer(s)
conform
to
the Client's instructions;
•
Calculate
premium
allocations
for
Client
Programs policies;
•
Transmit
the
notices
of
communication
of
the
premiums
issued
by
the
insurer(s)
and
corresponding
to
the
insurance
period,
according
to the defined premium;
•
Verify
that
the
premiums
issued
by
the
insurer(s)
comply with the contractual stipulations;
•
Promptly
issue
certificates
of
insurance
required
or requested by Customer and/or its affiliates;
•
Record
claims
statements,
communicate
them
to
the
relevant
insurer(s)
and
follow
up
on
such
claims
in
the
Client's
interest,
throughout
the
duration of the Agreement.
•
Respond
to
any
queries
related
to
the
Programs
that
the
insurance
broker
is
responsible
for
and
raised
by
the
Client's
subsidiaries,
in
particular
regarding
current
coverage,
premium
calculations, etc.
1.3 Complementary benefits:
In
addition
to
its
traditional
role
as
an
insurance
broker
and
in
accordance
with
the
technical
and
financial
modalities
to
be
defined
by
mutual
agreement
between
the
Parties,
our
firm
can
provide
complementary
services
that,
beyond
the
management
of
an
insurance
program,
would
be
necessary for the Client's activities, and in particular:
•
Advice
on
the
identification,
analysis
and
evolution
of
risks,
objects
of
the
Client's
Program(s)
for
which
we
are
the
insurance
brokers;
•
The
Client's
information
about
other
alternative
solutions
outside
of
insurance
that
might
be
applicable
to
the
risk,
subject
of
the
Insurance
Program(s)
for
which
we
are
the
insurance
brokers;
•
The
preparation
of
an
annual
activity
report
mentioning
the
highlights
of
the
previous
period,
the
actions
planned
in
the
medium
term
and
the
collections of the premiums accounted for;
•
The
establishment,
whenever
required
by
the
Client, of lists of claims, settled or estimated.
•
The
holding
of
periodic
meetings
to
inform
the
Client
of
the
actions
taken,
the
decisions
to
be
taken,
the
pending
problems
and,
in
general,
any
significant
event
that
occurred
during
a
given
period.
2. Insurance broker commitments
2.1 Registration and Authorization:
Our
Partner,
responsible
for
the
insurance
brokerage
activity
of
the
firm,
that
is,
Mrs.
Honorine
LE
GOFF,
is
registered
in
the
Special
Administrative
Registry
of
Spanish
Insurance
Brokers
of
the
Directorate
General
of
Insurance
and
Pension
Funds
under
number
F-2461,
with
the
authorization
of
insurance
broker to practice in Spain.
He
is
also
authorised
to
practise
in
France
and
Portugal under the Freedom to Provide Services.
It
is
authorised
to
present
insurance
transactions/distribute
insurance
products,
and
complies
with
all
the
conditions
required
by
the
legal
and
regulatory
texts
in
force
for
the
exercise
of
the
profession
of
broker
(in
particular,
good
repute,
professional capacity and civil liability insurance).
2.2 Professional requirements and Honourability
The
firm,
through
its
brokerage
service,
is
empowered
to
present/distribute
insurance
products,
on
the
one
hand,
it
possesses
the
appropriate
knowledge
and
skills
that
allow
it
to
carry
out
its
missions
and
fulfill
its
obligations
properly,
and
on
the
other
hand,
it
meets
the
requirements
of
continuous
training
and
professional
development
and
meets
the
required
conditions of honorability.
Our
Partner,
responsible
for
the
insurance
brokerage
activity
of
the
firm,
is
also
an
insurance
actuary
so
she
has
a
scientific
training,
of
a
financial-
mathematical
nature,
which
allows
her
to
carry
out
the
correct
valuation
and
management
of
the
risks
borne
by
the
different
economic
agents.
This
training
also
allows
them
to
establish
the
solvency
requirements
that
insurers
must
meet
and
to
assess
(i)
the
contributions
or
premiums
necessary
to
finance
the
risk
hedging
instruments,
(ii)
the
obligations
–
which
will
involve
liabilities
–
of
the
risk
takers
and
(iii)
the
assets
–
that
cover
or
support
these obligations.
2.3 Prevention of conflicts of interest
In
accordance
with
the
above-mentioned
provisions,
the
firm
strives
to
avoid
any
situation
of
conflict
of
interest
and
to
systematically
give
priority
to
the
interests of the Client.
2.4 Obligation to provide information
The
firm
undertakes
to
comply
with
the
general
information
and
advice
obligations
imposed
on
insurance
intermediaries
by
the
regulations
in
force,
and
in
particular
to
explain
to
the
Client
the
various
provisions
of
insurance
law
and
these
conditions,
and
to
ensure
that
the
guarantee(s)
are
appropriate
to the risks presented.
The
firm
and
in
particular
the
Broker
and
Actuary
Mrs.
Honorine
LE
GOFF
declares
that
it
has
no
financial
ties
with
one
or
more
insurers
and
that
it
is
not
subject
to
the
contractual
obligation
to
work
exclusively with one or more insurers.
2.5 Obligation to provide independent advice
In
Spain,
the
activity
of
insurance
broker
is
regulated
and
entails
special
obligations
for
the
insurance
intermediary.
Its
intervention
is
set
out
in
Article
155
of
the
Insurance
Distribution
Law
(Royal
Decree-Law
3/2020).
Brokers
are
therefore
obliged
to
comply
with
the
rules
of
good
conduct
and
have
an
obligation
to
provide
independent
advice.
All
these
legal
regulations
derive
from
European
legislation,
including
the
Insurance
Distribution
Directive,
transposed into Spanish law in February 2020.
The
firm
declares
that
it
has
not
signed
any
"collaboration
agreement"
with
the
Insurers.
Such
a
practice
would
violate
the
duty
of
independent
advice and respect for the interests of the Client.
3. Client Commitments
The Client undertakes to:
•
Communicate
the
information
required
by
the
legislation
applicable
to
the
insurance
broker
in
terms
of
know-your-client
and,
in
particular,
in
the
fight
against
money
laundering
and
terrorist
financing
and,
where
appropriate,
any
other
applicable regulations;
•
To
verify
that
the
policies
and/or
supplements
submitted
for
signature
are
in
accordance
with
the instructions given to the insurance broker;
•
Provide
the
insurance
broker
as
soon
as
possible,
in
a
complete
and
accurate
manner,
with
any
information
on
the
history
of
claims,
the
risks
incurred,
any
changes
in
the
analysis
or
exposure
to
the
risks
and
any
other
information
that
allows
the
insurance
broker
to
ensure
the
permanent
adequacy of the guarantees subscribed;
•
To
provide
or
make
available
to
the
insurance
broker
the
information
and
documents
necessary
for the exercise of its functions;
•
Notify
the
insurance
broker
as
soon
as
possible
of
any
change
in
its
activity
and
in
the
conduct
of
its
operations
that
may
change
the
insurance
companies'
assessment
of
the
risks
covered
and
their scope;
•
Pay
premiums
to
insurers
within
the
required
time frame;
•
To
pay
the
fees
of
the
firm
when
provided
for
in
the contract.
4. Remuneration – Financial
Conditions
4.1 Remuneration
In
exchange
for
the
benefits
referred
to
in
paragraph
1.1,
the
insurance
broker
shall
receive
a
commission
applied
to
the
annual
insurance
premiums
and
excluding
taxes
and/or
surcharges
from
the
Programme(s).
This
commission
is
paid
directly
by
the insurers to the insurance broker.
The
LE
GOFF
firm
may
also,
where
appropriate,
charge
fees
subject
to
VAT
according
to
an
agreement
previously
agreed
between
the
Parties.
This
remuneration
is
considered
autonomous
and
is
received
in
addition
to
the
commission(s)
mentioned
in
the
previous
paragraph.
These
fees
are
payable
within
thirty
(30)
days
from
the
date
of
invoice.
It
is
specified
that
fees
invoiced
in
Spain
are
subject
to
VAT,
as
they
are
not
related
to
an
insurance
premium.
4.2
Expenses
for
the
execution
of
the
contract
for
the provision of brokerage services
Expenses
incurred
by
the
insurance
broker
in
connection
with
trips
made
at
the
request
of
the
Client
are
not
included
in
the
price
of
the
service
referred
to
in
Article
4.1
and
will
therefore
be
reimbursed
by
the
Client
at
the
request
of
the
insurance
broker.
The
Parties
acknowledge
that
the
concept
of
travel
expenses
is
understood
in
a
restrictive
manner
and
is
limited
only
to
air,
rail
or
land
transport
costs
for
journeys
made
outside
the
city of Barcelona.
5. Entry into force, duration and
termination
5.1 Entry into force and duration
The
contract
comes
into
force
on
the
date
on
which
the
Client
appoints
the
insurance
broker
and
ceases
on
the
date
of
effective
revocation
of
the
mandate
granted.
5.2 Resolution
In
the
event
of
non-compliance
by
one
of
the
Parties
with
its
obligations,
the
contract
may
be
terminated
by
operation
of
law
after
a
reasoned
request
has
been
sent
by
registered
letter
with
acknowledgement
of
receipt
that
has
been
cancelled
for fifteen days.
5.3 Effects of the resolution
The
regular
termination
of
the
contract
will
not
give
rise
to
the
payment
of
any
compensation,
for
the
benefit of either Party.
6. Liability and insurance
6.1 Liability
Within
the
framework
of
the
tasks
assigned
to
it
by
virtue
of
this
contract,
the
insurance
broker
undertakes
to
develop
its
best
efforts
and
to
respect
the
rules
in
force
in
the
profession
of
insurance
broker.
In
any
event,
the
liability
of
the
insurance
broker
is
limited
to
an
obligation
of
means
and
cannot
be
assimilated in any case to an obligation of result.
6.2 Insurance
The
Broker
declares
that
it
has
subscribed
and
undertakes
to
maintain
in
force
an
insurance
policy
that
covers
its
Professional
Civil
Liability
in
accordance with current legislation.
7. Governing Law, Claims, Conflicts
of Interest, and Litigation
7.1 Governing Law
The
Parties
agree
that
any
disagreements
or
disputes
arising
as
to
the
validity,
application
or
interpretation
of
the
contract
for
the
provision
of
brokerage
services
shall
be
resolved
in
equity
and
in
accordance
with
the
practices
of
the
insurance
industry. Failing this, the legal provisions shall apply.
7.2 Complaints
For
any
complaint,
the
firm
provides
the
Client
with
a
customer service.
Responsible
person:
Elodie
LE
GOFF,
phone:
+
34
610
255 941, email: info@cabinetlegoff.com
7.3 Conflicts of interest
In
accordance
with
the
rules
governing
insurance
and
reinsurance
intermediation,
the
firm
undertakes
to
preserve
the
interests
of
the
Client
in
order
to
avoid
any
conflict
of
interest
with
the
insurance
bodies
with
which
the
insurance
broker
places
the
Programs
in
the
name
and
on
behalf
of
the
Client.
The
insurance
broker
builds
adequate
insurance
solutions
to
cover
the
needs
expressed
by
its
clients,
which
involves
negotiating
such
coverage
with
the
most
relevant
players
in
the
market,
depending
on
the attractiveness of the market on that date.
The
insurance
broker
undertakes
to
respect,
on
the
one
hand,
its
duty
to
advise
its
customers
and,
on
the
other,
its
independence
from
insurers,
in
order
to
provide,
at
all
times,
objective
advice
in
accordance with its mandate as an insurance broker.
7.4 Disputes
The
Parties
agree
to
submit
any
dispute
that
is
not
resolved
amicably
to
the
exclusive
jurisdiction
of
the
Court
of
Barcelona,
even
in
the
event
of
a
plurality
of
defendants.
8. Privacy and protection of
personal data
8.1 Confidentiality
During
the
term
of
the
contractual
relationship
and
for
six
months
following
its
termination,
the
Parties
agree
to
keep
the
terms
contained
in
this
contract
strictly
confidential
and
not
to
disclose
the
details
to
any
third
party,
except
to
professionals
and
in
particular
to
insurers
in
relation
to
the
proper
performance of the contracted provision of services.
The
LE
GOFF
firm
undertakes
throughout
the
term
of
this
contract
and
for
a
period
of
twelve
months
from
its date of termination to:
•
To
maintain
the
confidentiality
of
Confidential
Information,
i.e.:
all
information
and
data
communicated
by
the
Client
in
the
framework
of
the
provision
of
services,
including,
in
particular,
financial
and
legal
information
of
any
kind,
know-
how,
technology,
processes,
markets,
customers,
products,
strategies,
assets,
liabilities,
costs,
pricing
policies,
margins,
organizations,
employees,
agents,
and
that
will
be
disclosed
during the duration of the contract in any way;
•
Not
to
use
the
Confidential
Information
in
any
way
other
than
in
connection
with
the
provision
of
services,
LE
GOFF
may
disclose
the
Confidential
Information
to
insurance,
reinsurance
and
underwriting
agencies
(the
"Authorized
Persons")
whose
names
have
been
previously
communicated
to
the
Client
and
who
need
to
know
the
content
for
the
performance
of
the provision of services;
•
Not
copy
or
transcribe
the
Confidential
Information
in
writing,
except
to
the
extent
that
such
copies
are
strictly
necessary
for
the
performance of the provision of services;
•
Return
at
the
request
of
the
Client,
within
one
month
of
the
end
of
the
contract,
all
copies,
writings
or
documents
containing
Confidential
Information
and
destroy
all
notes,
reports
or
documents
issued
by
the
Client
in
any
medium,
to
the
extent
that
they
contain
references
to
the
Confidential Information.
8.2 Protection of personal data
1.
Each
Party
is
obliged
to
comply
with
its
obligations
under
the
applicable
laws
on
the
protection
of
personal
data
(hereinafter
referred
to
as
the
"Applicable
Legislation").
Neither
Party
is
liable
for
the
other
Party's
failure
to
comply
with
its
own
obligations under Applicable Law.
2.
In
its
capacity
as
an
insurance
broker,
LE
GOFF
acts
as
the
controller
of
the
processing
related
to
the
operations
of
contracting,
management
and
execution
of
insurance
contracts.
As
such,
the
insurance
broker
must
collect
and
use
the
data
of
the
Client
and/or
the
insured
or
beneficiaries
for
the
following purposes:
•
The study of the specific needs of the Client;
•
The
review,
acceptance,
control
and
monitoring
of risk;
•
The
management
of
contracts
from
the
pre-
contractual phase to termination;
•
The execution of contract guarantees;
•
Claims and litigation management;
•
The
preparation
of
actuarial
statistics
and
studies;
•
The
implementation
of
research
and
development actions;
•
The
implementation
of
administrative,
legislative
or
regulatory
provisions,
including:
the
fight
against
money
laundering
and
the
financing
of
terrorism, the fight against fraud, etc.
The
processing
is
based
on
the
application
of
pre-
contractual
measures
and
contractual
execution,
compliance
with
legal
obligations
and,
where
appropriate, the obtaining of consent.
The
recipients
of
the
data
collected
are:
-
The
persons
in
charge
of
the
provision
of
services;
-
Insurers;
-
Service
providers,
experts,
lawyers,
consulting
physicians;
-
Health
professionals
and
care
networks;
-
Persons
interested
in
the
Service
Provision
Contract
(responsible
parties,
victims,
witnesses,
third
parties
interested
in
the
execution
of
the
contract);
-
Authorised
third
parties
(jurisdictions,
supervisory
authority,
services
in
charge
of
control
(audit, internal control)).
3.
The
firm
undertakes
to
collect
and
process
only
data
that
is
relevant,
appropriate
and
not
excessive
with regard to the intended purposes.
The
firm
undertakes
to
ensure
that
the
data
transmitted
to
it
by
the
Client
is
processed
in
a
lawful,
fair
and
transparent
manner
in
relation
to
the
intended
purposes
and
undertakes
to
inform
the
interested
parties
about
the
collection
and
processing
of
their
data,
and
where
appropriate
to
obtain
their
consent,
in
accordance
with
the
Applicable Legislation.
4.
Personal
data
will
be
kept
at
least
for
the
duration
of
the
contractual
relationship
and
for
a
maximum
period
determined
in
accordance
with
the
legal
regulations.
During
this
period,
the
firm
implements
all
appropriate
means
to
guarantee
the
confidentiality
and
security
of
your
personal
data,
in
order
to
prevent
its
damage,
deletion
or
access
by
unauthorized third parties.
5. The firm declares:
(a)
implement:
(i)
appropriate
technical
and
organisational
measures
to
ensure
the
protection
of
personal
data
against
accidental
or
unlawful
destruction,
loss
or
alteration,
unauthorised
disclosure
of
personal
data
or
unauthorised
access
to
such
data,
taking
into
account
the
state
of
knowledge,
the
costs
of
implementation
in
relation
to
the
risks
and
nature,
the
scope
and
context
of
the
purposes
of
the
processing,
as
well
as
the
risks,
the
degree
of
likelihood
and
severity
of
which
vary,
to
the
rights
and
freedoms
of
natural
persons;
And
(ii)
in
the
event
of
a
data
breach
that
may
generate
a
right
for
the
interested
parties,
the
firm
will
notify
the
supervisory
authority
as
soon
as
possible
and
no
later
than
72
hours
after
having
become
aware
of
it
and
undertakes
to
inform
the
Client
under
the
same
conditions,
and
to
take
all
necessary
measures
and
actions
to
resolve
or
mitigate
the
effects
of
the
security incident;
(b)
To
respond
to
requests
from
data
subjects
and
to
any
correspondence,
request
or
complaint
from
data
subjects,
administrative
authority
or
other
authorised
third
party
in
the
context
of
the
processing
of
personal
data.
Where
the
request,
correspondence,
request
or
complaint
is
made
directly
to
the
firm,
the
latter
shall
promptly
inform
the
Client
by
providing
full
details,
unless
prohibited
by law, a court decision or regulatory authority;
(c)
Only
use
suppliers
or
subcontractors
that
provide
sufficient
guarantees
as
to
the
application
of
appropriate
technical
and
organisational
measures
to
ensure
that
the
processing
complies
with
the
requirements
of
Applicable
Law.
In
this
regard,
the
firm
declares
that
it
does
not
use
third
parties
in
operations
related
to
the
maintenance
and
hosting
of
its
information
system
and
applications,
customer
relationship
management,
invoicing,
digitization,
editing or archiving.
9. Autonomy and execution of the
contract for the provision of
services
The
termination
of
all
or
part
of
the
Insurance
Programs,
whatever
the
cause,
will
not
lead
to
the
termination
of
this
contract
for
the
provision
of
brokerage
services
or
the
termination
of
the
mandates
granted,
the
effects
of
which
will
continue,
in any situation, until their termination.
The
Parties
undertake
to
perform
the
contract
in
good
faith
and
declare
to
comply
with
applicable
laws
and
regulations.
They
also
declare
that
they
comply with their tax and social obligations.