- DEFINITIONS
1.1 Account – Client account in the Platform to which Client Users may log in using their Login Data.
1.2 ClaimsControl – Claims Control, UAB (company code 304895923, registered seat at Buivydiškių g. 118, Zujūnų k., Zujūnų sav., Vilnius, the Republic of Lithuania).
1.3 Client – a physical or legal person who uses ClaimsControl Services, has accepted these Terms and created the Account.
1.4 Client Data – files and other digital information and information that Client uploads in the Platform;
1.5 Fee – amount payable by the Client for ClaimsControl Services;
1.6 Login Data – login name and password required that User has created to log in to the Platform;
1.7 Parties – ClaimsControl and the Client or ClaimsControl and Unregistered User;
1.8 Plan – various criteria related to the use and functionality of ClaimsControl Services and on which the Fee is based;
1.9 Platform – ClaimsControl Platform that can be accessed at http://www.claimscontrol.com/web/ and which is designated for administration of certain proprietary claims;
1.10 Services – services described at the internet site http://www.claimscontrol.com/ that ClaimsControl provides to the Client and for which the Client pays fees indicated in the internet site or fees agreed otherwise. To the extent specified in the internet site or when Services are used without creating the Account the Services may be provided free of charge;
1.11 Unregistered User – a physical or legal person who has accepted these Terms and uses Platform without creating the Account;
1.12 User – a physical person who is entitled to use the Account on behalf of the Client;
1.13 Terms – these terms on the usage of the Platform.
- ACCEPTANCE OF THESE TERMS. AMENDMENTS
2.1 The Client consents with these Terms by checking the consent box at the Platform. Provision of ClaimsControl Services is subject to acceptance of these Terms.
2.2 To accept these Terms, a person must have the legal capacity to do so.
2.3 An individual accepting these Terms on behalf of the Client – legal entity, by his acceptance, also confirms that he is entitled to represent such a legal entity. In the case of an individual, the individual by accepting these Terms confirms that he is at least 18 years of age.
2.4 Once accepted these Terms remain effective until terminated as provided for herein.
2.5 ClaimsControl reserves the right to amend these Terms at any time by posting changes on or through the Platform.
2.6 Application of these Terms to Unregistered Users shall be limited. Only the following terms shall apply to the Unregistered User (mutatis mutandis and treating the Unregistered User as Client): Article 1, Article 2, Article 4, Articles 9.1 and 9.2, also Article 10.
- OBLIGATIONS OF CLAIMSCONTROL
3.1 ClaimsControl undertakes to ensure the provision of the Services ordered by the Client in accordance with the terms indicated in the Platform.
3.2 ClaimsControl will use commercially reasonable efforts to make the Platform available 99 percent of the time per the calendar year 24 hours per day / 7 days a week and the same access to the data entered into the Platform, except i) planned downtime for technical works at the Platform, about which the Client had been informed in advance. ClaimsControl will use commercially reasonable efforts to perform technical works in a way that they would have as little as possible negative impact for provided Services; ii) time period during which access to the Platform and/or to the data entered into the Platform were not available due to the reasons beyond reasonable control of ClaimsControl, including, for example, earthquake, fire, civil unrest, strike, internet service provider failure or delay, act of terror.
- PROTECTION OF CLIENT DATA
4.1 ClaimsControl will maintain administrative, physical and technical measures for the protection of the security of Client Data.
4.2 ClaimsControl will make backups of Client Data each day. The backups will be stored at the service provider UAB “Interneto vizija”, based in Lithuania.
4.3. Client Data will be stored at the server managed by the service provider UAB “Rakrėjus”, based in Lithuania.
4.4 The Client will be responsible to ensure that:
4.4.1 The Client and any of the Users associated with the Account do not create, transmit, display or make otherwise available any Client Data that violates the terms of these Terms, the rights of other Clients or Users, third parties or such Client Data which is harmful (for example viruses, malware), offensive, abusive, vulgar, harassing, defamatory, obscene, invasive of another’s privacy or unlawful; and
4.4.2. The Client and all of the Users associated with the Account have the necessary rights to use the Client Data, including to insert it into the Platform and process it by means of the Account.
4.5 ClaimsControl is not obliged to pre-screen, monitor or filter any Client Data or acts of its processing by the Client. However, if any action of processing is discovered or brought to the attention of ClaimsControl and there is reason to believe that certain Client Data is unlawful or its processing is unlawful, ClaimsControl has the right to:
4.5.1 notify the Client of such unlawful Client Data;
4.5.2 deny its insertion into the Platform;
4.5.3 demand that the Client bring the unlawful Client Data into compliance with these Terms and applicable law;
4.5.4 temporarily or permanently remove the unlawful Client Data from the Platform, restrict access to it or delete it.
4.6 ClaimsControl is not responsible for the content of any Client Data and does not guarantee any accuracy with respect to any information contained in any data inserted into the Platform. The Client shares data and administers proprietary claims with other interested persons independently, without the intermediation of ClaimsControl.
- CLIENT ACCOUNT AND USERS
5.1 Functions of Platform available to the Client depends on the Plan that has been selected by the Client.
5.2. The Plan which includes only one available User of the Client Account is free of charge.
5.3 Each Client may have one Account. The Client is entitled to designate as many Users for the Account as it is available in accordance with the ordered Plan. ClaimsControl is not responsible for and shall have no liability for verifying whether Client Users are entitled to act on behalf of the Client.
5.4 The Client is responsible for keeping confidential all Login Data associated with an Account and shall not disclose it to the third parties. If the Client has a reason to believe that any Login Data of any User associated with the Account became accessible to the third parties, it shall immediately change the login password or deactivate respective User.
5.5 Client shall be entitled any time to change the current Plan or period of ordered Services.
5.6 Client undertakes to use any data received via Platform only for its own purposes, to administer proprietary claims available at the Platform.
- PAYMENTS
6.1 Depending on the selected Plan, the use of Platform and ClaimsControl Services may be subject to a Fee. Fees are specified at the internet site https://claimscontrol.com/pricing.
6.2 The Fee for the selected Plan shall be payable in advance, before starting to use the respective Plan.
6.3 The Fees are non-refundable. For instance, there are no refunds or credits for periods where the Client did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval. However, if the Client elects to upgrade the current Plan to a more expensive Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the more expensive Plan.
6.4 All Fees are exclusive of any taxes under any applicable law. If there would be any taxes (for instance, VAT), they shall be payable in addition to the Fee.
- USING OF CLAIMSCONTROL PLATFORM
7.1 ClaimsControl grants the Client a non-exclusive, non-transferable, non-sub-licensable license to use ClaimsControl Platform.
7.2 All rights to the Platform are exclusively owned by ClaimsControl. The Client does not acquire any copyright rights to software required for the operation of the Platform.
7.3 Unregistered Users are entitled to submit proprietary claims or report about events to selected persons via Platform. Unregistered Users may be allowed to use other functionalities of the Platform if such possibility is established by ClaimsControl at its sole discretion.
7.4 ClaimsControl reserves the right to modify the principles of how the Platform works, its functions or menu structure from time to time without prior notice.
- TERMINATION OF PROVISION OF SERVICES
8.1 The Client shall be entitled to terminate further use of the Services for any reason by deleting its Account from the Platform. In such cases, the Fees already paid for the Services will not be refunded.
8.2 ClaimsControl is entitled to unilaterally terminate the provision of the Services and not to refund paid Fees if the Client makes a breach of these Terms and does not rectify it within 10 business days as of the day of receiving respective notification from ClaimsControl via email.
8.3 ClaimsControl shall be entitled to unilaterally terminate the provision of the Services by notifying the Client 60 days in advance. In such a case paid Fees shall be refunded for the period for which provision of the Services has been terminated.
8.4 If the Client ceases paying for the Plan which enables having more than one User, then all Users associated with that Account, except an administrator, are deactivated.
8.5 If the Client decides to change the Plan into such a Plan which allows having fewer Users than Client currently has, the Client shall reduce the number of Users and select which of the User(s) shall remain active.
8.6 In the case of termination of the Services, the Client will be entitled to download Client Data from the Platform as follows:
8.6.1 Except the case where provision of the Services has been terminated in a way set forth in the Article 8.1. of these Terms, the Client will have the possibility within 30 days as of the end of termination of the Services to download Client Data present in the document format by clicking the button “download case documents” of each case. Upon click on this button, the Client will also receive a pdf extract of that case. The Client may copy communication and other Client Data of similar nature. If the Plan selected by the Client includes the functionality to export Client Data into the document in the .xlsx format, the Client may additionally export the fields of the case into the document in the .xlsx format. After 30 days of termination of the Services, the Client Account and all Client Data, also any other information present therein will be deleted.
8.6.2 Where the provision of the Services has been terminated by the Client by deleting the Account as provided for in Article 8.1. of these Terms, the Client has to download Client Data in accordance with the order set out in the Article 8.6.1. of these Terms, but not later than until deletion of the Client Account from the Platform.
- LIABILITY OF THE PARTIES
9.1. The liability of the Parties according to these Terms shall be limited to direct damages.
9.2 Liability of ClaimsControl against the Client shall be limited to the Fees paid by the Client during the last one year.
- FINAL PROVISIONS
10.1 Notifications to the Parties shall be provided by e-mails. ClaimsControl submits notifications to Client to the email provided at the Client Account. The Client shall send respective notifications to ClaimsControl to the following e-mail: info@claimscontrol.com.
10.2 These Terms, their application, and interpretation shall be governed by laws of the Republic of Lithuania.
10.3 The Parties shall attempt to solve any disputes related to the performance of their obligations in an amicable way. In the case of failure to do so, the dispute shall be solved in the competent courts of the Republic of Lithuania, in accordance with the residence place of ClaimsControl.
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ANNEX NO. 1: PERSONAL DATA PROCESSING AGREEMENT
This Personal Data Processing Agreement (“Agreement“) is applicable in the cases where the Client acts as a personal data controller and ClaimsControl acts as a personal data processor. In such cases, it forms an inseparable part of the General Terms of Platform Usage (“Principal Agreement“).
- Definitions and Interpretation
1.1 Unless otherwise defined herein, capitalized terms and expressions used in this Agreement shall have the following meaning:
1.1.1 “Agreement” means this Personal Data Processing Agreement;
1.1.2 “Client Personal Data” means any Personal Data Processed by ClaimsControl on behalf of the Client pursuant to or in connection with the Principal Agreement;
1.1.3 “Controller” means the natural or legal person, public authority, agency or other bodies which, alone or jointly with others, determines the purposes and means of the processing of personal data;
1.1.4 “Data Subject” means an identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
1.1.5 “Data Protection Laws” means any applicable laws for data protection of any country, including, to the extent applicable, GDPR;
1.1.6 “Data Transfer” means:
1.1.6.1 a transfer of Client Personal Data from the Client to ClaimsControl; or
1.1.6.2 an onward transfer of Client Personal Data from ClaimsControl to a Subprocessor;
1.1.7 “EEA” means the European Economic Area.
1.1.8 “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as amended from time to time;
1.1.9 “Personal Data” means any information relating to Data Subject;
1.1.10 “Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Client Personal Data transmitted, stored or otherwise processed;
1.1.11 “Processing” means any operation or set of operations which is performed on Client Personal Data or on sets of Client Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
1.1.11 “Services” has the meaning provided for in the Principal Agreement;
1.1.12 “Subprocessor” means any person appointed by or on behalf of ClaimsControl to process Client Personal Data on behalf of the Client in connection with this Agreement;
1.1.13 “Supervisory Authority” means an independent public authority which competence is to supervise compliance with Data Protection Laws.
- Processing of Client Personal Data
2.1 ClaimsControl shall:
2.1.1 comply with all applicable Data Protection Laws while Processing of Client Personal Data;
2.1.2 not Process Client Personal Data other than on the relevant Client’s documented instructions. The Parties agree that provisions contained in this Agreement constitute complete and comprehensive instructions of the Client. Throughout the Agreement validity, the Client reserves the right to provide ClaimsControl with additional instructions on the processing of Client Personal Data.
2.2 Client hereby instructs ClaimsControl to process Client Personal Data.
2.3 ClaimsControl shall process Client Personal Data on behalf of the Client with the purpose to provide the Services for the duration of provision of the Services and the time period afterward as provided in this Agreement. In particular, the following personal data will be processed: i) name, surname, personal identification code or date of birth, address, email, phone number; ii) details about insurance objects and signed insurance contracts; iii) details about other participants of insurance event (the insured, the beneficiaries, the victims); iv) details about insured events; v) financial details (account number, paid insurance premiums, etc.); vi) health data; vii) information about event during which loss has been caused and details of persons who were relevant participants.
2.4 The Client shall ensure that during the whole duration of this Agreement the Client Personal Data disclosed by the Client to ClaimsControl for processing were collected by legal and legitimate manners according to the Data Protection Laws.
- Confidentiality
ClaimsControl shall take reasonable steps to ensure the reliability of any employee of ClaimsControl or any Subprocessor who may have access to the Client Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know/access the relevant Client Personal Data, as strictly necessary for the purposes of the Principal Agreement, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
- Security
4.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, ClaimsControl shall in relation to the Client Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Data Protection Laws.
4.2 In assessing the appropriate level of security, ClaimsControl shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.
4.3 Client is informed and hereby agrees that the server ClaimsControl uses for storage of Client Personal Data is in Lithuania.
- Subprocessing
5.1 ClaimsControl shall be entitled to appoint (or disclose any Client Personal Data to) any other Subprocessors pursuant to the terms of this Agreement.
5.2 ClaimsControl shall carefully select Subprocessors taking special consideration of the technical and organisational measures taken by these Subprocessors and make agreements with them for personal data protection in order to guarantee appropriate data protection and information security measures.
5.3 In the cases where ClaimsControl engages Subprocessors, ClaimsControl shall conclude with them written agreements so that Subprocessors would be obliged by the same (mutatis mutandis) obligations as ClaimsControl under this Agreement.
- Data Subject Rights
6.1 Taking into account the nature of the Processing, ClaimsControl shall assist the Client by implementing appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the Client obligations, as reasonably understood by Client, to respond to requests to exercise Data Subject rights under the Data Protection Laws.
6.2 ClaimsControl shall promptly notify the Client if it receives a request from a Data Subject under any Data Protection Laws in respect of Client Personal Data.
- Personal Data Breach
7.1 ClaimsControl shall notify Client without undue delay upon ClaimsControl becoming aware of a Personal Data Breach affecting Client Personal Data, providing Client with sufficient information to allow the Client to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
7.2 ClaimsControl shall co-operate with the Client and take reasonable commercial steps as are directed by Client to assist in the investigation, mitigation, and remediation of each such Personal Data Breach.
- Data Protection Impact Assessment and Prior Consultation
ClaimsControl shall provide reasonable assistance to the Client with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Client reasonably considers to be required pursuant to Data Protection Laws, in each case solely in relation to Processing of Client Personal Data by, and taking into account the nature of the Processing and information available to ClaimsControl and the Subprocessors.
- Deletion or return of Client Personal Data
ClaimsControl shall promptly and in any event within 30 calendar days of the date of cessation of the Services involving the Processing of Client Personal Data, delete and procure the deletion of all copies of those Client Personal Data (except Client Personal Data present in the accounts of other persons on the Platform (as defined in the Principal Agreement) or otherwise possessed by them after they have been shared by the Client or by instructions of the Client) unless Data Protection Laws require storage of such Client Personal Data.
- Audit rights
10.1 ClaimsControl shall make available to the Client on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the Client or an auditor mandated by the Client in relation to the Processing of the Client Personal Data by the ClaimsControl and Subprocessors.
10.2 The Client shall make reasonable efforts to inform ClaimsControl about audits, including inspections, a reasonable time in advance.
10.3 ClaimsControl shall be entitled to request compensation of its reasonable expenses incurred in relation to compliance with its obligations under this Article in relation to Client Personal Data.
- Data Transfer
11.1 Usually ClaimsControl will not transfer or authorize the transfer of data to countries outside the EU and/or the European Economic Area (EEA). If Client Personal Data is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.
11.2 This Article 11 does not apply to the cases where GDPR is not applicable for Processing or where the Client itself shares Client Personal Data via Platform.
- Governing Law and Jurisdiction
12.1 This Agreement is governed by the laws applicable to the Principal Agreement.
12.2 Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts that are specified in the Principal Agreement.