PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
eReinsure.com, Inc., having principal place of business at 420 E. South Temple, Suite 400, Salt Lake City, Utah 84111 ("eReinsure") is the owner of all right, title, and interest to this web site and makes certain information and services available on this web site, subject to the following terms and conditions. By using this site, you agree to these terms and conditions. eReinsure reserves the right to change these terms and conditions, and the services, information, software available or listed on this site at any time, in its sole discretion, without notice. You (the "User") should visit this page periodically to review the terms and conditions contained herein because they are binding on you. Any rights not expressly granted herein are expressly reserved by eReinsure.
USE OF WEB SITE INFORMATION AND DOCUMENTS:
Except as otherwise indicated elsewhere on this site, eReinsure authorizes the User to use appropriate software accessible on the web site only to view and download a single copy of the text, graphics, images, audio, video clips, photographs, illustrations, multimedia presentations, and other media accessible through the web site (the "Materials") solely in accordance with the following terms and conditions or such other terms and conditions contained in a Master License Agreement:
- The Materials available to the public may be used solely for the User's own informational, personal, non-commercial purposes, and shall not be copied or posted on any network computer, broadcast in any media, posted on the World Wide Web, publicly performed, distributed, or otherwise used or exploited in any way for any public or commercial purpose. The Materials available to the subscribers of fee based services, products, software, and documentation will be governed by the Master License Agreement;
- The Materials are protected by copyright under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws. Therefore, any copy of the Materials or any portion thereof viewed, downloaded or otherwise accessed by the User must retain all copyright, trademark, and other proprietary notices as contained in the original Materials. Such a copyright notice should read:
(c) 2006 eReinsure.com, Inc. All rights reserved.
- The User may not modify, create derivative works from, participate in the transfer or sale of, or otherwise modify or alter the Materials in any manner or any software associated with the Materials. The User agrees not to use any trademarks, service marks, names, logos, or other identifiers of the web site, eReinsure, or eReinsure's employees, licensors, independent contractors, providers and affiliates (collectively, the "Affiliates") without the prior written permission of eReinsure or the relevant Affiliate;
- User agrees not to interrupt, or attempt to interrupt, the operation of the Web Site in any way, through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly or impliedly prohibited by any provision of these terms and conditions; and
- The User further acknowledges that the User does not acquire any ownership rights to any of the Materials by viewing or accessing the Materials.
The Materials permitted to be copied as specified above do not include the layout or design of this web site. Elements of this site are protected by trade dress and other laws and may not be imitated or reproduced in whole or in part. The User acknowledges that eReinsure is the sole owner of the Materials, except for those materials that are owned by the public, the government, or any third party.
WARRANTIES AND DISCLAIMERS:
THE SOFTWARE, DOCUMENTS, GRAPHICS AND OTHER INFORMATION PUBLISHED ON THIS WEB SITE COULD INCLUDE ERRORS, TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. eReinsure AND ITS SUPPLIERS MAY MAKE CHANGES PERIODICALLY TO THIS SOFTWARE AND INFORMATION WHETHER DIRECTLY OR THROUGH THIS WEB SITE AT ANY TIME. eReinsure DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES OR MATERIAL CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR OPERATE ERROR FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE AND ITS SERVER ARE FREE FROM COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR PRODUCTS. eReinsure AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE DOCUMENTS, GRAPHICS, AND OTHER INFORMATION PUBLISHED ON THIS WEB SITE FOR ANY PURPOSE OR REPRESENT OR GUARANTEE THE RESULT OF USING THIS WEB SITE. ALL SUCH INFORMATION IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. eReinsure AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CONSEQUENTLY, THE USER MAY USE THIS WEB SITE AT THE USER'S OWN RISK.
IN NO EVENT SHALL eReinsure OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE , OTHER TORTIOUS ACTION OR ANY OTHER ACTION OR CLAIM WHETHER OR NOT SUCH CLAIMS ARISE OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, SOFTWARE OR OTHER PRODUCTS OR SERVICES AVAILABLE FROM THIS SITE, WHETHER OR NOT eReinsure IS AWARE OR MADE AWARE OF SUCH VIOLATION. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND eReinsure, AND THE INFORMATION AND SERVICES PROVIDED FROM THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE LAWS MAY SUPERSEDE THESE LIMITATIONS.
eReinsure IS NOT A PARTY TO ANY REINSURANCE CONTRACT ENTERED INTO BY SUBSCRIBERS, NOR WILL IT SERVE TO GUARANTEE, IN ANY WAY, PERFORMANCE OF THE CONTRACT TERMS BY A TRADING PARTY. AS A RESULT, ALL RIGHTS AND OBLIGATIONS SET FORTH IN EXCHANGE-TRADED CONTRACTS, AS WELL AS ANY PREMIUMS OR LOSS PAYMENTS, FLOW ONLY BETWEEN THE CONTRACTING PARTIES.
User agrees to defend, indemnify, and hold harmless eReinsure, eReinsure's Affiliates, and eReinsure and eReinsure's Affiliates' officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from User's use of the Materials (including the use of any software) or User's breach of the terms of this Agreement.
LINKS TO THIRD PARTY SITES:
If you decide to access or use any of the third party web sites linked to this web site, you do this entirely at your own risk. The linked sites are not under the control of eReinsure and eReinsure is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. eReinsure is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by eReinsure of the site.
eReinsure, and the names of any eReinsure services or products displayed on this web site are registered trademarks or eReinsure currently owns common law rights to such trademarks. The names of other products and companies mentioned herein are the property of their respective owners and may also be trademarks. The User agrees not to use eReinsure's trademarks or any of the Affiliated trademarks: (1) in, as, or as part of, User's own trademarks or those of any third parties; (2) to identify products or services that are not those of eReinsure and the web site; (3) in a manner likely to cause confusion; or (4) in a manner that implies inaccurately that eReinsure or the web site sponsors, endorses, or is otherwise connected with, User's own activities, products and services or those of third parties.
E-MAIL AND OTHER COMMUNICATIONS:
Please be aware that if you communicate with eReinsure by e-mail, those e-mail messages are not fully private or confidential. By posting or otherwise sending communications to the web site or eReinsure, the User automatically grants eReinsure a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, exploit, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees.
User is responsible for User's own communications and is responsible for the consequences of User posting information or other communications. User acknowledges that: (1) User has no expectation of privacy in any communications; and (2) no confidential, fiduciary, contractually implied or other relationship is created between eReinsure and User by reason of User transmitting a communication to any portion of the web site. Users must not nor assist any other individual or entity to post or transmit to or from this site any solicitations or advertisements, chain letters or pyramid schemes, any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law, including but not limited to copyright, trademark, patent, trade dress, and the like.
FOREIGN USE AND EXPORTATION OF THE MATERIALS:
eReinsure controls this web site from its offices in the United States of America. eReinsure makes no claims that the Materials are appropriate or may be viewed or accessed outside of the United States. Access to the Materials (including any software) may not be legal by certain persons or in certain countries. If User accesses the Web Site from outside of the United States, User does so at User's own risk and is responsible for compliance with the laws of User's jurisdiction.
The United States controls the export of products and information. User agrees to comply with such restrictions and not to export or re-export the Materials (including any software) to countries or persons prohibited under the export control laws. By accessing or downloading the Materials (including the software), User is agreeing that User is not in a country where such export is prohibited or is a person or Entity to which such export is prohibited. User is responsible for compliance with the laws of User's local jurisdiction regarding the import, export, or re-export of the Materials.
eReinsure shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Web Site, including but not limited to the Materials, features, or hours of availability. eReinsure may also impose limits on certain features and services or restrict access to parts or all of the Web Site without notice or liability. Additionally, eReinsure shall have the right, in its sole discretion, to terminate User's access to any or all portions of the Web Site at any time, without notice.
In the event that User violates any provision of this Agreement, User's permission to use the Materials automatically terminates and User must immediately destroy any and all copies that User has made of the Materials.
Pursuant to 17 U.S.C. 512(c), notice is hereby given that the person identified below is the Designated Agent for receiving complaints concerning this web site, including for purposes of receiving notification of any claims of intellectual property infringement:
420 East South Temple
Salt Lake City, Utah 84111
Email: support at ereinsure dot com
A waiver by either party of a breach of any term or condition of this Agreement shall not constitute a waiver of any further breach of a term or condition of this Agreement and no waiver shall be effective unless in writing signed by the party. This Agreement contains the entire agreement and supersedes all prior agreements and negotiations that relate to the subject matter of this Agreement, whether oral or written, between the parties, except as expressly provided in a particular master license agreement referenced herein. User acknowledges that no promise, representation, warranty, or covenant not included in this Agreement has been or is relied upon. User has relied upon User's own examination of the full Agreement and the provisions thereof, and the warranties, representations, and covenants expressly contained in the Agreement itself. This Agreement shall be construed in accordance with and its performance shall be governed by the laws of the State of Utah, notwithstanding the choice of law rules of such State. The courts of Utah shall have exclusive jurisdiction to determine all claims, disputes, actions, or suits that may arise hereunder and the parties expressly consent to such exclusive jurisdiction and venue before the proper authority in Utah. If any one or more provisions of this Agreement shall be found to be illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Words in the singular shall include the plural and words in the plural shall include the singular. Words in any gender shall include the other gender. The paragraph headings used herein are for the convenience of the parties and shall not be deemed to modify or construe the provisions hereof. This Agreement shall be binding upon and shall inure to the benefit of the heirs and personal representatives and/or the successors and assigns of the parties. Further, if either party defaults in the performance of its obligations under this Agreement, then the defaulting party agrees to pay reasonable costs and attorneys' fees to enforce this Agreement.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
EU-US and Swiss-US Privacy Shield Framework:
Collection of personal information and how we use it
We may collect certain information when you visit our web sites, such as your IP address, cookies, and information about your computer system in order to maintain your user session, administer our website, analyze visitor traffic and volume, and help diagnose problems with or otherwise maintain our servers, software, and other systems.
In addition, depending on your use of our platform and systems we may collect additional information, such as your name, email address, telephone and fax numbers, your employer, division, and job title may also be used to facilitate the transactions between participating users of our systems. We may also collect and store other information that you provide to us, including transaction specific information and our records of messages posted through our systems and the contents of those messages. This information will be used solely in the information interchange between you and any other participating user that you have elected to communicate with during the negotiation of a transaction through use of our platform. This information will not be made available to any other third party in accordance with the terms of our Master License and Service Agreements which govern the exchange of data over the eReinsure platform and related transactions.
When contacting us about our services, or requesting support or training, eReinsure requires you to provide personal contact information, such as name, company name, address, phone number, and email address. This information allows us to respond to your request.
We may also use your information to notify you of news about eReinsure, changes to our systems, or new services that we think may interest you. If, at any time, you would rather not receive any such information, please send an e-mail to eReinsure customer support at support at ereinsure dot com.
How we share your information
eReinsure may retain data center service providers and suppliers to deliver products and services consisting of server and data storage capacity and data security and intrusion detection systems to our company. eReinsure may also employ professional advisors or agents such as accountants, auditors or legal advisors during the normal course of our business. Suppliers, service providers, advisors or agents are required by contract to keep confidential the information received on behalf of eReinsure and may not use it for any purpose other than to carry out the specific services they are performing for eReinsure.
Except as described in this Policy, eReinsure will not share the personal information you provide to eReinsure with non-eReinsure third parties without your permission, except when: (i) We are required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements; (ii) we must comply with any law, regulation, subpoena, or court order; (iii) we must help to prevent fraud or to enforce or protect the rights and properties of eReinsure or its subsidiaries; or (iv) to protect the personal safety of eReinsure employees and third parties on eReinsure property.
Circumstances may arise where, whether for strategic or other business reasons, eReinsure decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is eReinsure's practice to seek appropriate protection for information in these types of transactions.
It is also necessary, in the course of completing a transaction on eReinsure’s systems, to share certain transaction-related details with a user's counterparty. All parties to a transaction are bound by the terms of a Master License and Services Agreement, which governs the exchange of data over the eReinsure platform and related transactions.
In cases of any onward transfer to third parties of data of EU and Swiss individuals received pursuant to the EU-US Privacy Shield and the Swiss-US Privacy Shield, eReinsure is potentially liable.
Your rights, choices and preferences
You have the right to opt-out of having your personal information disclosed to a third party (except an agent of eReinsure) or used for a purpose that is materially different from the purpose for which is was originally collected. To opt-out of disclosing personal information you should contact support at ereinsure dot com and request inactivation of your account. However, your personal information will continue to be used by us for the purposes of maintaining an audit trail of past transactions that were authorized by you and where the record of your identity is potentially relevant to the legal enforcement of the reinsurance contract.
If eReinsure holds any of your sensitive personal information, before it is shared with third parties (except an agent of eReinsure) you will have an opt-in choice where you will either elect to disclose this information by your specific actions using the system or alternatively eReinsure must receive an affirmative response from you that your sensitive personal information can be shared.
You also have the right to access the information held about you by us and to have this information amended if incorrect. If you wish to access or update any of your information held by eReinsure, you can either log on to your account and make appropriate changes, e-mail a request to eReinsure customer support at support at ereinsure dot com, or contact us at the location described below.
Keeping your information secure
eReinsure takes appropriate measures including the introduction and maintenance of IT security and operational measures to protect the information on our systems. eReinsure systems may only be accessed using a unique user ID and password. eReinsure will take steps to restrict the information which is available to users of its platform and systems so far as practicable to that which is necessary for the anticipated activities.
eReinsure has installed a system to ensure that communications between users of eReinsure travel along an encrypted connection, commonly referred to as SSL which uses digital server identities to help ensure that information you provide is passed only to eReinsure. When you transmit information to eReinsure, your browser will be provided with an electronic certificate confirming that you have accessed our site and communications between you and eReinsure will be encrypted.
Firewalls are used to attempt to block unauthorized traffic to the system. The actual servers are located in a secure location which can be accessed only by authorized personnel.
We also take appropriate measures to keep your information confidential. eReinsure's internal procedures cover the storage, access and disclosure of your information.
We seek to limit our employees' access to your information to those employees who need to have such information to service your account. We emphasize to our employees the confidential nature of user information and the high level of importance which eReinsure places on maintaining this confidentiality. We undertake regular training of our employees on the subject of information security. Furthermore, any companies we hire to provide support services must comply with our privacy policies and provide adequate safeguards to keep that information secure.
eReinsure is subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC).
Changes to this statement
EU-US and Swiss-US Privacy Shield
In compliance with the Privacy Shield Principles, eReinsure commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union, United Kingdom and/or Swiss individuals with Privacy Shield inquiries or complaints should first contact eReinsure at:
420 East South Temple
Salt Lake City, Utah 84111
or +44 (0)20.7327.4555
Email: privacy at ereinsure dot com
eReinsure has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction
Europe & GDPR
The EU General Data Protection Regulation (“GDPR”) is a comprehensive data protection law that updates existing EU laws to strengthen the protection of “personal data” (any information relating to an identified or identifiable natural person, so called “data subjects”) in light of rapid technological developments, the increasingly global nature of business and more complex international flows of personal data. The GDPR takes effect on May 25, 2018.
In Europe and the UK, the lawful basis for eReinsure processing your personal data is where there is a legitimate interest. eReinsure adheres to the 6 principles of data protection as set out in GDPR. These principles state that personal data must be:
“Processed lawfully, fairly and in a transparent manner in relation to individuals.”
In Europe and the UK, the lawful basis for eReinsure processing your personal data is legitimate interest through our provision of a platform for negotiation, management and control of reinsurance transactions.
“Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.”
We explain how we use your personal information in the paragraph titled “Collection of personal information and how we use it” above. Essentially, we only use the information for the intended purpose of negotiation, management and control of reinsurance transactions and for management of the eReinsure platform.
“Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.”
As discussed above, eReinsure collects limited details about persons using our system so that the audit trail can evidence the persons involved in a reinsurance transaction. The Personal data also facilitates communication between the parties negotiating a reinsurance contract and permits notification of changes of status and final status during the negotiation process. As stated above, eReinsure does not use personal data for any unrelated purposes.
“Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay.”
eReinsure does not enter into Master License and Services Agreements with individuals and so any person using the eReinsure systems will be doing so in the context of their employment. eReinsure relies on employers to seek any necessary consent for a system user’s personal data to be entered into the eReinsure system. If you are an eReinsure user based in the European Union and your employer has not obtained your consent please contact us so that we can contact your employer and raise the issue. Under the eReinsure Master License Agreement, companies licensing access to the eReinsure system also undertake to keep the user details accurate. eReinsure users can review their user details in the settings page and have the ability to correct or update Personal data.
“Personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed.”
Personal data may be stored for longer periods insofar as the personal data will be part of the auditable record of a reinsurance negotiation. eReinsure will review its data retention policy annually to consider whether or not it is appropriate given the nature of reinsurance to retain records of historical reinsurance transactions. Personal data may also be used for statistical purposes subject to implementation of the appropriate technical and organizational measures required by the GDPR in order to safeguard the rights and freedoms of individuals.
“Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.”
As stated above in “Keeping your information secure” eReinsure takes the security of Personal data very seriously and will continue to maintain advanced and modern technical security.
Questions, Comments and Complaints about Our Handling of Personal Information
UK and Europe:
Data Protection Office
Amwins Global Risks Group Limited
dpo at amwinsglobalrisks dot com
You also have the right to report concerns or make complaints to the Information Commissioner's Office (ICO). For more information on your rights and how to contact the ICO, please refer to their website – https://www.ico.org.uk
California Consumer Privacy Act
For California residents California Civil Code section 1798.100-1798.199 provides you with the following rights:
Right to know your collected personal information. You may request that we identify the (i) categories of personal information we collected about you in the past 12 months; (ii) the categories of sources from which the personal information is collected; (iii) the business or commercial purpose for collecting the information; (iv) the categories of third parties with whom the Company shares the personal information; and (v) the specific pieces of personal information that we have collected about you.
Right to know your disclosed personal information. You may request that we state (i) whether we have disclosed any of your personal information to third parties for a business or commercial purpose in the prior 12 months; (ii) list the categories of personal information that we have disclosed, if any, to third parties for a business or commercial purpose in the prior 12 months.
Right to request deletion of personal information. Subject to legal exceptions, you may request that we delete your personal information.
We will not discriminate against you for exercising any rights you have under the California Consumer Privacy Act.
If you are a California resident and want to exercise any right under the California Consumer Privacy Act, you may do so by contacting us at:
420 East South Temple
Salt Lake City, Utah 84111
Telephone: +1 801-521-0600
or +44 (0)20.7327.4555
Email: privacy at ereinsure dot com
Please be advised we will first need to verify your identity before you can exercise any of your rights.
Under California law, we are only required to respond to such request from the same individual no more than twice in a 12-month period.