MIDportal. MIDportal insurer / DA user agreement 24 June Page 1 of 23. Public domain. Owner: MID Service Delivery Manager

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Page 1 of 23 This user agreement ( Agreement ) is a legally binding agreement between you (the User ) and Motor Insurers Bureau (Company Number ) whose registered office is at Linford Wood House,
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Page 1 of 23 This user agreement ( Agreement ) is a legally binding agreement between you (the User ) and Motor Insurers Bureau (Company Number ) whose registered office is at Linford Wood House, 6-12 Capital Drive, Linford Wood, Milton Keynes, MK14 6XT ( MIB ) for the Users access to the MIDportal (as defined below) and certain data accessible via the MIDportal from time to time, for specified purposes and strictly on the terms and conditions of this Agreement. BY PLACING A TICK WITHIN THE ACCEPT USER AGREEMENT BOX YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU AND YOUR RELEVANT PERSONNEL. 1. Definitions 1.1 In this Agreement the following expressions shall, unless the context otherwise requires, have the following meanings: Access Details Change of Control the unique password and security questions used to gain webbased browser access to the password protected section of the MIDportal in conjunction with the User ID; a controlling interest in the User, or in an entity which directly or indirectly has a controlling interest in the User, is transferred to any party (unless such transfer is for the purposes of the internal reorganisation of the User only). As used in this Clause 1.1, controlling interest means, with respect to any form of entity, sufficient power to control the decisions of such entity; Charges has the meaning set out in clause 7; Claim the Commencement Date Compliance Policies Confidential Information a request for indemnity or compensation from either an insured person under the terms of an Insurance Policy or a third party which requires investigation and subsequent handling as appropriate. Where insurance cover cannot be established, a request may be made through the MIB under the uninsured or untraced drivers agreements; the date upon which the User first accesses the MIDportal or as stipulated by MIB; the MIDportal user agreement compliance procedure together with other compliance procedures stipulated by MIB from time to time; means information in whatever form (including, without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, clients, customers, products, affairs and finances of either party or any group company of that party for the time being confidential to that party or any of that party's group companies and trade secrets including, without limitation, technical data and Page 2 of 23 know-how relating to the business of either party or of any of that party's group companies or any of its or its suppliers, clients, customers, agents, distributors, shareholders or management; Data Data Link all data (including but not limited to Insurer Data) contained within the MIDportal from time to time (or any part of it) provided to the User by MIB (or on its behalf) by means of the MIDportal or as otherwise stipulated by MIB from time to time; the connection required to gain access to the MIDportal utilised by the User; Data Subject shall have the meaning set out in the Data Protection Act 1998; Delegated Authority DPA Enquiry Functional Specification Fourth Motor Insurance Directive Insurer Data Insurer Insurance Policy an organisation duly authorised by an Insurer pursuant to an agreement in writing between the Relevant Insurer and the relevant third party ( DA Access Agreement ) permitting them (as appropriately authorised) to transact motor insurance business on its behalf and to have access to the MIDportal in order to supply data to the MIDportal Provider for inclusion on the MID; the Data Protection Act 1998 and any other relevant data protection and privacy legislation or regulatory provisions; checking information held on the MID by the User for the purposes only of facilitating its obligation to handle Claims; the functional specification setting out the requirements of the User in relation to the submission of data via the MIDportal set out in the functional specification document provided by MIB (or as otherwise stipulated in writing by MIB from time to time); the Directive of the European Parliament and the Council of 16 September 2009 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amended Council Directives 73/239/EEC and 88/357/EEC (No.2009/103/EC); all data supplied to the MIDportal Provider by the User pursuant to this Agreement for inclusion on the MID; means any insurance company, Lloyd's syndicate or compensator authorised to underwrite motor insurance who has entered into a PIA; an insurance policy is a contract between the Insurer and the Policyholder, which determines the Claims which the Insurer is legally required to pay. In exchange for an initial payment, known as a premium, the Insurer promises to pay for loss caused by perils covered under the policy language; Page 3 of 23 MID MIDportal MIDportal Provider MIIC PIA Permitted Purpose the database operated and managed by MIB (on behalf of MIIC) commonly known as the Motor Insurance Database ; the MID portal branded online application (as modified by MIB from time to time), which shall provide Users with web based browser access to the Service in accordance with the terms and conditions of this Agreement; shall mean Experian Limited (or as otherwise stipulated by MIB from time to time); Motor Insurers Information Centre (a company limited by guarantee) with company number ; means a participating Insurer's agreement relating to the supply by the Relevant Insurer of certain data between MIB, MIIC, Experian Limited and an Insurer relating to motor vehicles to the MID; as a non-exclusive means by which the User can supply Data to satisfy its or the Relevant Insurer s (in the event that the User is a Delegated Authority) obligations relating to the Fourth EU Motor Insurance Directive and the regulations implementing that directive namely The Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 (the 'Fourth Directive') together with its or the Relevant Insurer s (in the event that the User is a Delegated Authority) obligations pursuant to the relevant PIA; as a means of checking Third Party Data held on the MID for the purposes only of facilitating the User s obligation to handle Claims; (c) as a means of administering access to the MIDportal by the User or the Personnel of its Policyholders; (d) the purposes set out in clause 5 of the PIA; and Personnel (e) for such other purposes stipulated by MIB in writing from time to time; all persons employed by or on behalf of MIB or all persons employed by the User (as appropriate) to perform its obligations under this Agreement together with MIB's or the User s (as appropriate) servants, agents, and suppliers and approved subcontractors used in the performance of its obligations under this Agreement; Personal Data shall have the meaning set out in the Data Protection Act 1998; Page 4 of 23 Policyholder any holder (or its agent) of a motor insurance policy for vehicles registered in the UK provided by the User or (in the event that a User is a Delegated Authority) the Relevant Insurer (as appropriate); Process(ing) shall have the meaning set out in the Data Protection Act 1998; Relevant Insurer Security Designate Third Party Data User ID Working Day the Insurer who has entered into the relevant DA Access Agreement with the User (in the event that the User is a Delegated Authority) which governs such Delegated Authority s use of Insurer Data and access to the MIDportal; the individual(s) within the Insurer or Delegated Authority with responsibility for functions including but not limited to creating, administering, monitoring and auditing Users of MIDportal as validated and approved by the MIDportal Provider; the Data with the exception of any Insurer Data; the unique identification reference given to a User to enable the User to gain web-based browser access when used with the User s Access Details to the password protected section of the MIDportal; any day save for Saturday, Sunday and public holidays in England. 1.2 In this Agreement: (c) (d) (e) (f) any reference to a statutory provision, includes a reference to any modification or re-enactment of it from time to time (including but not limited to legislation relating to the protection of personal data); references to Clauses are to Clauses of this Agreement; reference to any gender includes any other gender and the singular includes the plural and vice versa; the headings are for ease of reference only and shall not affect the construction of this Agreement; references to the parties are (unless otherwise stated) to the parties to this Agreement; and the words include, includes, including and included will be construed without limitation unless inconsistent with the context. Page 5 of 23 2. Commencement and Duration This Agreement shall commence on the Commencement Date and shall continue, unless terminated earlier in accordance with the terms of this Agreement, for a period of 12 months and shall continue thereafter for successive 12 month periods. 3. Obligations 3.1 From the Commencement Date until termination of this Agreement, MIB shall use its reasonable endeavours to make the Data available to the User only in accordance with the terms of this Agreement. 3.2 Save as otherwise set out in this Agreement, the MIDportal is made available for use only by an Insurer (or its Delegated Authority) authorised (at its absolute discretion) by MIB from time to time. 3.3 The User shall not access, and or use, or permit any third party to use the MIDportal or the Data (save for the Insurer Data) unless strictly required for the Permitted Purpose and fully in accordance with this Agreement. 3.4 In the event that the User is a Delegated Authority, the Delegated Authority hereby acknowledges and agrees to use the Insurer Data in accordance with the relevant DA Access Agreement only provided that the relevant terms and conditions of the DA Access Agreement do not conflict with the relevant terms and conditions of this Agreement (in which case, the terms and conditions of this Agreement will prevail). 4. Access to and Use of the MID Portal 4.1 Subject to the User fully complying with its obligations pursuant to this Agreement, MIB grants to the User a non-exclusive licence to access the MIDportal and use the Data during the term of this Agreement PROVIDED THAT such use shall be fully in accordance with the terms and conditions set out in this Agreement, strictly for the Permitted Purpose only and in accordance with any legislation, regulation, code or practice applicable to the User or similar documentation in force from time to time. 4.2 The MIDportal (including the Data) is provided to the User on an as is basis. The User acknowledges that certain Data is provided by third parties. MIB makes no warranties as to the accuracy or fitness for purpose of the MIDportal (and or any Data). 4.3 In the event that the User agrees to accept Data from its or the Relevant Insurer s (as appropriate) Policyholders by way of the MIDportal the User will be wholly responsible for granting the relevant Policyholder with a User ID and Access Details to be used in connection with its access to the MIDportal. The User will ensure that on granting such access to the relevant Policyholders that the Policyholder is aware that its access is subject to it accepting and adhering to the terms of use as stated on the MIDportal from time to time, relevant Compliance Policies and the relevant terms and conditions of the agreement in writing between the Relevant Insurer and the Policyholder (as stipulated by the Relevant Insurer from time to time). Page 6 of 23 4.4 The User is responsible for making all arrangements necessary for its access to the MIDportal. MIB is not a service provider. The User is responsible for the payment of any fees charged by its internet service provider. 4.5 On receipt of the User ID the User will be able to set up its own Access Details. The Access details shall be used by the User to access the MIDportal. The User shall keep such Access Details confidential. The User shall be liable for the protection of, and the activity on, the MIDportal which is carried out through the use of such User ID and Access Details. 4.6 The User acknowledges and agrees that control and security of the User ID and Access Details are the User s sole responsibility and that to the fullest extent permitted by law neither MIB, MIIC nor the MIDportal Provider shall have any liability whatsoever to the User for any losses (whether direct, indirect or consequential) caused by use of the User ID and Access Details by unauthorised persons. 4.7 If the User knows or suspects that an unauthorised person is aware of its User ID and or Access Details the User shall immediately notify MIB by at and notify the appropriate Security Designate in order to reset the User s existing Access Details. 4.8 The User shall inform MIB immediately on becoming aware of any equipment used by, or on behalf of, the User in connection with its access to the MIDportal is compromised, mislaid or stolen. 4.9 The User warrants and undertakes to MIB that: (c) (d) (e) (f) it will immediately notify MIB of any circumstances it is aware of relating to any use of the MIDportal and or the Data in contravention of the terms and or conditions of this Agreement; any agreement relating to the MIDportal entered into by a Policyholder; the relevant DA Agreement; or the PIA; it, and its Personnel, must adhere, at all times, with any other instructions from MIB in its use of the MIDportal (including the Data) and in all related documentation supplied to it or its Personnel (if appropriate); it has the right and authority to enter into this Agreement and to perform the actions and undertake the obligations contemplated herein; it shall ensure that all data provided to MIB is provided fully in accordance with the relevant Insurer s PIA and the Functional Specification, and that transfer of such data shall comply with all applicable laws and that it has all necessary consents, approvals and licences to enable the lawful transfer and subsequent use by MIB and any user of the MID of such information in accordance with this Agreement; in relation to this Agreement, it shall be liable for the acts and or omissions of its Personnel as if such acts and or omissions were its own. without prejudice to MIB s other rights or remedies, the User s access to, and use of, the MIDportal and the Data may be suspended immediately if it is, or Page 7 of 23 there is reasonable evidence to suggest that it is, in breach of any of the terms and conditions of this Agreement; the relevant PIA; and or the relevant DA Access Agreement (as appropriate) Subject to the User's statutory obligations pursuant to the DPA, the User warrants and undertakes to MIB that: (c) (d) (e) (f) (g) (h) it will not have any interest or right of ownership whatsoever (including any intellectual property right in the MIDportal, including without limitation the Data (save for the Insurer Data (in the event that the User is an Insurer)); it will adhere, at all times, with any instructions provided by MIB in its use of the MIDportal and or the Data (save for the Insurer Data in the event that the User is an Insurer) and in all related documentation supplied to the User; it will not transfer any Data (save for the Insurer Data) to any third party, nor will it permit any third party to obtain access to the MIDportal and or any Data at any time and it will immediately notify MIB of any circumstances it is aware of relating to any use of the MIDportal and or the Data, provided by it or any other party, for any other purpose other than for the Permitted Purpose. For the avoidance of doubt, a Delegated Authority shall be permitted to use, Process and transfer Insurer Data in accordance with the relevant consent of the Relevant Insurer only (including without limitation) by way of the DA Agreement; it will not, and shall ensure that any third party will not, create any database from the Data (save for the Insurer Data) or derived from the Data (save for the Insurer Data) for any other purpose other than the Permitted Purpose; unless otherwise agreed in writing between the parties, it will not, and shall ensure that any third party will not) retain any part of the Data (save for the Insurer Data) any longer than wholly necessary for the Permitted Purpose or regulatory compliance requirements or by operation of law; it will not, and it shall ensure that any third party will not, Process for any purpose, and shall delete irretrievably and promptly, any Data received in respect of an Enquiry which was submitted erroneously, or any Data received which does not relate to the subject matter of the Enquiry; without prejudice to clause 4.2, it will notify MIB promptly where the User reasonably believes that the MIDportal and or the Data appears to contain an error; unless otherwise agreed in writing between the parties and without prejudice to the User s rights to use the Insurer Data (as it deems fit in the event that the User is an Insurer or in accordance with the relevant DA Access Agreement in the event that the User is a Delegated Authority), it will not, and it shall ensure that third parties will not, re-sell the Data or use the Data for marketing, research, analysis or profiling purposes at any time; Page 8 of 23 (i) (j) (k) (l) (m) (n) (o) (p) (q) shall procure that each of its Personnel given access to the MIDportal (if any) (where relevant) is authorised to have access to MIDportal or to Process the Data on its behalf; it will within 7 days of written request by MIB notify MIB of its, or any Personnel who are authorised by the User to use MIDportal or Process the Data on behalf of the User and /or as required the addresses of such Personnel; it must adhere, at all times, to any other lawful instructions from MIB in its use of the MIDportal and the Data and in all related documentation supplied to consumers, press and other media; it will notify MIB as soon as reasonably possible if the User becomes aware of any complaint regarding the use of Data that will lead to or is likely to lead to press involvement and or the involvement of a member of parliament or other government representative; it will deal with all enquiries from MIB relating to its, or any of its Personnel s, access to the MIDportal and or the Processing of the Data promptly and properly and that all reasonable co-operation and copy documentation shall be provided to MIB in the course of all its enquiries in such regard; it has, and shall ensure that any relevant Personnel shall have, full legal authority to receive the Data and that the answers provided by the User to MIB in relation to any questions raised by MIB will be full, true and accurate in all respects; it shall retain, and shall ensure that any relevant Personnel retains, the Data (save for Insurer Data) in confidence at all times save to the extent that it is required for the Permitted Purpose or that it is required to disclose the Data pursuant to any statutory or regulatory authority of competent jurisdiction; it shall not transfer any Data (save for Insurer Data) to any third party without the prior consent in writing of MIB, and it shall ensure that any such third party enters into a binding agreement with the relevant Insurer or Delegated Authority (as appropriate) which places upon that third party obligations equivalent to those placed upon the User pursuant to this Agreement; without prejudice to clause 10, it shall permit MIB or its representatives (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit, the User s data Processing activities (and/or those of its Personnel) and comply with all reasonable requests or directions by MIB to e
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