PRIOR INFORMATION FOR INSURANCE BROKERS IN ACCORDANCE WITH ROYAL DECREE-LAW 3/2020, OF FEBRUARY 4, ON URGENT MEASURES BY WHICH VARIOUS EUROPEAN UNION DIRECTIVES ARE INCORPORATED INTO THE SPANISH LEGAL SYSTEM IN THE FIELD OF PUBLIC PROCUREMENT IN CERTAIN SECTORS; PRIVATE INSURANCE; PENSION PLANS AND FUNDS; IN THE FIELD OF TAXATION AND TAX LITIGATION.
(i) General Information:
GESCOBERT Correduría de Seguros, SLU (hereinafter “GESCOBERT”) is an insurance broker in the form of Insurance Brokerage. GESCOBERT has its registered office at Venezuela, 105 2º 1ª – 08019 – Barcelona, and is registered in the Mercantile Registry of Madrid (Volume 41,523, Folio 113, back, Sheet B-10,466, entry 25ª.
Likewise, GESCOBERT, as a Brokerage company, is registered in the Registry of Insurance and Reinsurance Distributors of the General Directorate of Insurance and Pension Funds with the code J336 (http://www.dgsfp.mineco.es/es/Distribuidores/PUI/Paginas/pui.aspx) and has the financial capacity and Civil Liability Insurance as provided for in Royal Decree-Law 3/2020, of February 4, on urgent measures by which various European Union directives are incorporated into the Spanish legal system in the field of public procurement in certain sectors; private insurance; pension plans and funds; in the field of taxation and tax litigation.
(ii) GESCOBERT’s operating principles:
In accordance with the provisions of Royal Decree-Law 3/2020, of February 4, on urgent measures incorporating into Spanish law various European Union directives in the field of public procurement in certain sectors; private insurance; pension plans and funds; taxation and tax litigation, GESCOBERT provides its Insurance Mediation Services in an objective and independent manner, looking after the interests of its clients and representing them before insurance companies. GESCOBERT provides its advice under the principles of independence from insurance companies, as well as objective and personalized analysis for its clients, always seeking in any case the coverage that, in accordance with the requirements raised by them, best suits their needs.
(iii) Complaints and claims service:
In compliance with Royal Decree-Law 3/2020, of February 4, on urgent measures incorporating into Spanish law various European Union directives in the field of public procurement in certain sectors; private insurance; pension plans and funds; tax and tax litigation GESCOBERT has a complaints and claims service where its clients can submit any complaints they deem appropriate in relation to the Insurance Mediation Services provided by GESCOBERT.
For any claim, you must contact: GESCOBERT – Complaints and Claims Service, or the GESCOBERT offices. The maximum period for resolving the claim will be one month from the date of submission, in the case that the claimant is considered a consumer and two months in all other cases, from the date on which the complaint or claim was submitted to the customer service department or service.
In the event of no response within the period indicated above or of disagreement with the result of the Customer Service’s decision or failure, you have the right to contact the Complaints Service of the General Directorate of Insurance and Pension Funds to submit the complaint or claim to it. You may submit the complaint by sending it to the following postal address:
Paseo de la Castellana, 44, 28046 – Madrid. Tel: 952 24 99 82 (Opening hours: Monday to Friday from 9:30 a.m. to 2:30 p.m.).
The complaint or claim can be submitted electronically through the website of the General Directorate of Insurance and Pension Funds, www.dgsfp.mineco.es .
(iv) Remuneration:
Regarding the remuneration that GESCOBERT receives for its Mediation Services, we inform you below of the different remuneration systems that GESCOBERT has implemented for its Insurance Mediation Services:
- GESCOBERT will freely agree with the insurance company the commission that it will receive for the insurance policy(ies) brokered, or, where appropriate, will directly agree with the client, expressly and in writing, the corresponding professional fees, which will be increased by the taxes that are applicable at any given time. Likewise, GESCOBERT may be remunerated by a combination of commissions received from the insurance company and fees received directly from the client.
- In addition to the above, GESCOBERT may charge, along with the premium, an additional amount for administration costs, the amount of which will be agreed with the client.
- It is also reported that GESCOBERT may additionally receive commissions from insurance companies for services ancillary to Insurance Mediation, such as management of insurance premium collection and others on the global portfolio of insurance policies that it mediates with the various insurance companies.
- Finally, it is reported that within the GESCOBERT group there are other companies that provide certain services to insurance companies such as reinsurance brokerage, insurance underwriting agency and/or consulting, which are independent of the Insurance Mediation Services provided by GESCOBERT, but which may be related to the risks covered, and which may receive commissions or fees from the insurance companies for such services.
- In order to obtain competitive underwriting conditions, GESCOBERT (directly or through the GESCOBERT Group’s reinsurance brokerage companies) may work with insurers that underwrite or are considering underwriting your risks, so that they can find (re)insurers for those risks. To help facilitate that process, we may share your information with the GESCOBERT Group’s reinsurance brokerage companies and/or with such (re)insurers, and GESCOBERT and the GESCOBERT Group’s reinsurance brokerage companies may earn income from the placement of reinsurance for those risks.
- If you require any clarification regarding the GESCOBERT remuneration system, you may contact your usual contact at GESCOBERT, who undertakes to provide any necessary clarifications in this regard.
(v) Resolution of conflicts of interest:
The GESCOBERT Group has a policy for the prevention of conflicts of interest.
(vi) Protection of Personal Data and Digital Rights:
In accordance with the provisions of EU Regulation 2016/679 approving the General Data Protection Regulation (“GDPR”), GESCOBERT has implemented a Security Policy that aims to ensure the application of those technical and organizational security measures that are necessary, at all times and always taking into account the type of information or data processed, and the state of the art, to guarantee the security, confidentiality and integrity of the personal data processed.
Likewise, GESCOBERT has a Privacy Policy in accordance with the GDPR, which details, among other things, the scope, purposes and basis of the data processing carried out. Both Policies are available at http://www.GESCOBERT.com/spain/privacidad.jsp. In order to provide its insurance mediation and distribution services, GESCOBERT will collect and process personal data, including specially protected data (mainly health data) that you provide us, for the purpose of providing private insurance mediation services, as well as the maintenance, administration and management of your insurance policy, including claims management.
If you do not provide the requested data or, where appropriate, do not consent to its processing for the specified purposes, the services cannot be carried out; in this regard, Law 50/1980, of October 8, on Insurance Contracts, establishes the duty of the policyholder to declare to the insurer, before the conclusion of the contract, in accordance with the questionnaire that the latter submits to him, all the circumstances known to him that may influence the assessment of the risk. If you provide us with data of third parties, you must, prior to communicating them, inform them of the details contained in this document. The data will be kept as long as they are necessary for the provision of the services, and subsequently during the period of exercising possible claims derived from them.
Without prejudice to your reading them carefully, we provide you with basic information on the treatment below, which reflects the most relevant issues of the aforementioned policies:
If you have any questions regarding this communication or any other aspect relating to personal data, please contact GESCOBERT’s Data Protection Officer.
BASIC INFORMATION ON DATA PROTECTION
Data Controller: GESCOBERT CORREDURÍA DE SEGUROS SLU.
Data Protection Officer: rgpd@concentragrupo.com
PURPOSES:
- Provision of private insurance mediation services.
- Conduct analyses or studies and promote and offer own or third-party products marketed by GESCOBERT.
- Comply with our legal and regulatory obligations.
LEGITIMATION:
- Execution of a contract.
- Legitimate interest.
- Consent.
- Compliance with legal obligations.
RECIPIENTS:
Insurance companies with which your risks are quoted and insurance policies are subscribed, medical offices, health centres, experts and other third parties for claims management. GESCOBERT Group companies and other third parties, including those based in countries outside the European Economic Area, as described in GESCOBERT’s Privacy Policy.
RIGHTS:
You may exercise your rights of access, rectification, deletion, portability, limitation and opposition to processing by post to GESCOBERT (Marie Curie, 5. Floor 4, 4th. ALFA BUILDING (Rivas-Vaciamadrid)) or by email (rgpd@concentragrupo.com), providing proof of your identity.
ADDITIONAL INFORMATION You can consult additional and detailed information on our website:
If you have any questions regarding the processing of your personal data, or if you wish to file a complaint or claim regarding the same, you can contact the GESCOBERT Data Protection Officer (rgpd@concentragrupo.com). In any case, you can file a claim with the Spanish Data Protection Agency as the supervisory authority in the matter (www.aepd.es).
(vii) Ownership of intellectual property rights and copyright
GESCOBERT is the exclusive owner of all intellectual property rights, copyright, etc. of all reports and/or documents generated by it and provided to the INSURER and the CLIENT on the occasion of the request for a quote, negotiation of the risk and/or, where appropriate, placement of the insurance policy. Both the CLIENT and THE INSURER must maintain the utmost confidentiality in relation to the aforementioned documents, and the disclosure of them, in whole or in part, to any third party, especially other insurance brokers that may be appointed by the client, is absolutely prohibited. GESCOBERT expressly reserves the right to exercise any claim actions against the INSURER and the CLIENT in the event that they reveal to other brokers or any third party the reports and/or documents generated by GESCOBERT.