TEGO Platform Ltd · Legal

Draft v0.1, for legal review, not yet in force

For insurers and partners

Data-sharing agreement

A template agreement between TEGO and one company, an insurer on its panel or a partner that refers customers, on the personal data each shares with the other. Signed between the companies, outside the portal.

Entity
TEGO Platform Ltd · BRN C26237531
Version
0.1
Status
Draft for legal review
In force
Not yet

Parties

This template is filled in for one company and signed by both parties outside TEGO's portal, on paper or as a PDF.

  1. TEGO Platform Ltd, BRN C26237531, Telfair, Moka, Mauritius, an insurance broker, called TEGO in this agreement.
  2. TEGO Platform Ltd is applying for its FSC licence.
  3. The company whose details are filled in below, called the party in this agreement, which is either an insurer on TEGO's panel, under Schedule 1, or a partner that refers customers to TEGO, under Schedule 2.
TEGO Platform Ltd
Name
TEGO Platform Ltd
BRN
C26237531
Address
Telfair, Moka, Mauritius
Email for notices
contact@tego.mu
The party
Name
BRN
Address
Email for notices
Schedule that applies

Roles

  1. Each party is an independent controller of the personal data it holds, including what it receives from the other party under this agreement.
  2. [For legal review: any part where one party acts for the other]

Purposes

  1. Each party uses the personal data it receives under this agreement only for the purposes of the schedule that applies, or as the law requires.
  2. An insurer, under Schedule 1: underwriting, issuing and administering policies, and handling claims.
  3. A partner, under Schedule 2: following its referrals and its commission.
  4. TEGO, under either schedule: arranging and administering the customer's cover and claims as the customer's broker, paying the premium on to the insurer, and paying the partner's commission.
  5. [For legal review: an insurer's use of the customer's answer to its offers-by-email question]

What is shared

  1. Each party shares with the other only what the schedule that applies lists:
  2. The parties share it through the portal TEGO provides, or by email.
  3. [For legal review: whether and to whom each party may pass on what it receives]

Notices to customers

  1. Each party gives customers its own privacy notice.
  2. Each party relies on its own lawful basis for what it does with customers' personal data.
  3. TEGO's privacy notice tells customers what an insurer and a partner receive from TEGO:
  4. A partner tells each customer it refers that it passes their details to TEGO.

Security

  1. Each party keeps the personal data it receives under this agreement confidential, and lets only the people who need it for the purposes in clause 3 see it.
  2. Each party keeps the personal data it holds secure, with measures suited to the data.
  3. Only named users use the portal TEGO provides. TEGO invites each one by their own work email address.
  4. Each user signs in with a code TEGO emails to that address each time. There is no password, and an account is never shared.
  5. TEGO records each user's activity in the portal, such as sign-ins, downloads and changes, with who did it and when.
  6. The party tells TEGO at once when a user leaves it or should no longer have access, and TEGO ends that user's access.
  7. Each user must accept TEGO's portal terms:

Personal data breaches

  1. A party that becomes aware of a personal data breach affecting data shared under this agreement tells the other party within [__] hours, at its email address for notices in clause 1.
  2. The notice says what happened, which data and which customers are affected, and what the party has done about it.
  3. The parties cooperate to contain the breach, and to tell the authorities and the customers affected where the law requires it.

Retention, return and deletion

  1. [For legal review: retention, return and deletion]

Audit

  1. Each party may audit the other's compliance with this agreement, on [__] days' notice in writing.
  2. [For legal review: who carries out an audit, its scope, and who pays for it]

Providers outside Mauritius

  1. Each party names to the other the providers that process the shared data for it outside Mauritius.
  2. TEGO's providers are those named in its privacy notice:
  3. The party's providers outside Mauritius:
  4. [For legal review: safeguards for transfers outside Mauritius]

Term and termination

  1. This agreement starts when both parties have signed it, and lasts until either party ends it on [__] days' notice in writing.
  2. When it ends, the parties stop sharing personal data under it.
  3. Clause 6.1 (confidentiality), clause 8 (retention, return and deletion) and clause 9 (audit) survive the end of this agreement.

Governing law

  1. The laws of Mauritius govern this agreement.
  2. [For legal review: which courts]

Schedule 1: an insurer on TEGO's panel

This schedule applies when the party is an insurer on TEGO's panel.

From TEGO to the insurer

For each customer who chooses the insurer, TEGO sends, or makes available on request, a file it has checked, which holds:

  • The customer's details.
  • The answers the quote was priced on, and the offer the customer chose.
  • The proposal answers, including health and driving records.
  • The report of the identity check.
  • The documents the customer added.
  • The confirmation of the payment.
  • For a proposal signed electronically, its signature certificate, with the signer's time, IP address and device.
  • TEGO's notes on the file that it shares with the insurer, and the file's history from the moment TEGO sends it.

The proposal answers include sensitive data on health, convictions, alcohol and drugs, about the customer and anyone else who will drive.

TEGO also makes available each claim a customer raises on a policy with the insurer: the policy, the date and place, what happened, whether anyone was injured, the police report number, and the photos.

From the insurer to TEGO

The insurer gives TEGO, through the portal TEGO provides or by email:

  • Its decision on each file: the policy issued, more documents needed, or cover declined, with its reason.
  • The policy documents it issues: cover notes, insurance certificates and policy schedules.
  • Updates on each claim, until it is settled or rejected.
  • Its notes on each file and claim.

TEGO shows the customer the decision, the policy documents and the claim updates in the customer's account.

Schedule 2: a partner that refers customers

This schedule applies when the party is a partner, such as a car dealer or an agent, that refers customers to TEGO.

From the partner to TEGO

For each customer it refers, the partner gives TEGO the customer's name, phone number and vehicle, and any note about them.

The partner types them in its portal at TEGO, or gives them to TEGO's staff, who record them.

From TEGO to the partner

TEGO makes available to the partner, through its portal:

  • For each customer the partner referred, or who came through its link, the customer's name and vehicle, as the partner or the customer gave them.
  • The status of each referral, and the date of each change.
  • The partner's own commission on each policy and, on its commission statements, the insurer.

The statuses it sees are Referred, Quoted, Requested cover, With insurer, Insured and Lost.

Where the partner's commission is a percentage of the premium, the partner can work out the premium from it.

The partner reads its commission statements in its portal, and downloads each as a PDF.

What the partner never sees

TEGO never makes available to the partner:

  • The customer's documents.
  • The proposal answers.
  • The identity checks.
  • The premium itself.
  • Contact details the partner did not give.
  • TEGO's internal notes.
  • Another partner's referrals.

The partner sees "Erased customer" in place of the name of a customer who came through its link and erased their account, and no longer the vehicle.

A referral the partner gave keeps what the partner gave.

Signatures

Signed for each party by a person authorised to sign for it.

For TEGO Platform Ltd
Name
Position
Signature
Date
For the party
Name
Position
Signature
Date
Document statusDraft v0.1 for legal review. Not in force. LanguagesEnglish and French. [For legal review: which language prevails]

TEGO Platform Ltd. BRN C26237531. Telfair, Moka, Mauritius.