DOVETAIL USER ACCESS TERMS
Please carefully read these User Access Terms (the "Access Terms") which govern your or your company’s (“you”) use of, and access to, this insurance exchange or platform and any and all content, software, data, information and materials contained therein or accessible through this exchange or platform (collectively, the "Platform").
BY USING THIS PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE ACCESS TERMS, AND AGREE TO BE BOUND BY ALL OF THEM, AS EACH MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY DOVETAIL INSURANCE CORPORATION, (collectively, "Dovetail," "we," "us" or "our") IN ACCORDANCE WITH THESE ACCESS TERMS.
Except as otherwise expressly authorized by us in writing, this Platform is strictly intended for access and use only by authorized users, including brokers and agents, or other authorized licensees (collectively, the “Authorized Users”).
Do not access or use this Platform unless you are an Authorized User. By doing so, you represent and warrant that you are an Authorized User and are not prohibited from accessing the Platform by U.S. or other applicable law or agreement.
Intellectual Property Rights, Use
You acknowledge that this Platform is provided under license, and not sold, to you. You do not acquire any ownership interest in the Platform under these Access Terms, or any other rights to the Platform other than to use the Platform other than as specified under these Access Terms, subject to all terms, conditions, and restrictions. Dovetail and its licensors reserve and shall retain their entire right, title, and interest in and to the Platform and all intellectual property rights arising out of or relating to the Software, subject to the rights expressly granted to you in these Access Terms. All title and ownership rights in and to this Platform (including but not limited to any images, photographs, video, audio, or text embedded in this Platform), the intellectual property embodied in the Platform, and any trademarks or service marks of Dovetail that are used in connection with the Platform are and shall at all times remain exclusively owned by Dovetail and its licensors. All intellectual property rights in and to all content included on this Platform, such as text, graphics, logos, button icons, images, audio clips, photographs, illustrations, digital downloads, data compilations and software, and the compilation (including the collection, selection, assembly and arrangement) of such materials is the property of Dovetail or its licensors or content suppliers, and are protected by copyright, trademark and other laws in the United States and other jurisdictions.
You agree not to:
- license, sublicense, rent, lease, lend, host, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform (or any part of them) in any way;
- modify, alter, tamper with or make derivative works based upon the Platform;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Platform or access the Platform; copy or reproduce all or any part of the Platform except as expressly permitted in these Access Terms;
- remove any titles or trademarks, copyrights or restricted rights notices in the Platform;
- upload or distribute files that contain viruses, malicious files or other harmful code or any other similar software or programs that may access or damage the operation of the Platform or another’s computer or other devices;
- interfere with or disrupt the Platform, the data contained in the Platform or networks connected to the Platform;
- send or store any obscene, unlawful, defamatory, harassing, or content that otherwise could reasonably create liability for Dovetail, its affiliates or subcontractors similar to the foregoing, through the Platform;
- attempt to gain unauthorized access to the Platform or its related systems or networks; or
- access or use the Platform (i) in a way intended to avoid incurring fees or exceeding usage limited or quotas; (ii) for timesharing, outsourcing, utility or service bureau purposes or otherwise for the benefit of a third party; (iii) in any way that is prohibited by these Access Terms or by law, governmental order or decree or that violates the rights of others; (iv) to try to gain unauthorized access to or disrupt any service, device, data, account or network; (v) to spam or distribute malware; (vi) in a way that could harm the Platform (or any other cloud services provided through a cloud vendor's platform) or impair anyone else’s use of them; (vii) in any application or situation where failure of the Platform could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage; (viii) in any manner inconsistent with, or that would cause Dovetail to breach, any agreements in respect of a cloud vendor service; or (ix) to make all or any part of the Platform available to any third party.
The materials contained in or available through this Platform include items that are proprietary and include our trade secrets that are not authorized for general distribution and that have substantial value due to their contents and secrecy (the “Materials”). In addition to the restrictions set forth in other agreements, you agree to:
(a) Maintain the security and confidentiality of the Materials using at least the same standards and safeguards that you use to maintain the confidentiality of your/your employer’s/your principal’s own proprietary information and trade secrets, but in no case less than reasonable standards;
(b) Comply with all laws applicable to its use of the Platform including, without limitation, any applicable data privacy laws and comply, in all material respects, with all regulations, policies and procedures of networks connected to the Platform;
(c) Notify Dovetail at RISPrivacy@marsh.com immediately upon discovery or suspicion of any compromise of the confidentiality or integrity of the any Materials or this Platform or any use of the Materials or this Platform in violation of these Access Terms; and
(d) Not disclose the Materials or any information contained therein to any third parties, including without limitation, any employees or other agents, except as specifically authorized by Dovetail in writing.
Use of Information
You have authority to act on the behalf of your clients including, without limitation, entering client information into the Platform. Dovetail may, directly or indirectly through the services of others, collect and store information regarding use of the Platform and about equipment on which the Platform is installed or through which it otherwise is accessed and used. In each case, you consent to Dovetail’s (and its affiliates and subcontractors) use of such information in the course of its business.
You agree to indemnify, hold harmless, and defend Dovetail and its licensors from and against any and all claims, lawsuits and proceedings (collectively “Claims”), and all expenses, costs (including attorney's fees), judgments, damages and other liabilities resulting from such Claims, that arise or result from (i) your use of the Platform in in violation of these Access Terms, or (ii) your unauthorized modification of the Platform.
Accounts and Passwords
Your account on or for the use of this Platform and service will collectively be referred to as the “Account.” You will or have been be assigned or asked to choose a username and password or access code for each Account or for use of this Platform (each, a “Password”). You shall not share your Password or disclose Passwords to any third parties; provided however, that you may disclose the Passwords to authorized network administrators. You acknowledge and agree that: (a) you shall be solely liable and responsible for all activities that occur under any of your Accounts or Passwords, regardless of whether or not your employer or principal has given you authorization to allow others to access any of your Accounts or use any of your Passwords; (b) Dovetail shall not be responsible for your failure to comply with these terms and conditions or any loss or damage arising out of, or related to, use of your Accounts or Passwords by you or anyone other than Dovetail; and (c) Dovetail and/or your employer/principal shall have the right, in its/their sole discretion, to terminate your use of any Password or Account, and to restrict access to any Account.
Termination and Suspension
The license to use this Platform shall become effective on the date you first accept these terms by accessing this Platform by clicking “ACCEPT” below, and shall remain in effect until the license granted to Dovetail’s authorized licensees expires or earlier terminates. Dovetail and our authorized licensee(s) shall also have the right to immediately terminate your access to this Platform if you breach any provision of these Access Terms. Upon such termination, you shall: (i) not have any right to use the Platform and any content thereof, and (ii) discontinue providing access to and remove all links to the Platform. Dovetail may at any time suspend your use of this Platform if Dovetail reasonably and in good faith believes you are in violation of these Access Terms or any applicable laws and/or regulations. Your acknowledge and agree that the Platform may contain disabling code which shall permit Dovetail to terminate and or suspend your access and/or use of the Platform in accordance with Dovetail’ rights pursuant to these Access Terms. Dovetail reserves the right to discontinue any component of this Platform, whether offered as a standalone product or solely as a component, at any time.
YOU ACKNOWLEDGE AND AGREE THAT THIS PLATFORM IS PROVIDED BY DOVETAIL ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOVETAIL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PLATFORM TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DOVETAIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
DOVETAIL AND ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS AND/OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER FORESEEABLE OR UNFORESEEABLE, EVEN IF DOVETAIL OR ANY OF ITS AGENTS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OR RELIANCE ON THE PLATFORM, OR WITH THE DELAY OR INABILITY TO USE THE PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, GENERAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. THE PARTIES AGREE THAT THIS LIMITATION OF REMEDIES AND DAMAGES PROVISION SHALL BE ENFORCED INDEPENDENTLY OF AND SHALL SURVIVE THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT OF SUCH EXCLUSIONS.
Our failure to exercise or enforce any right or provision of these Access Terms shall not constitute a waiver of such right or provision.
You may not assign, sublicense, subcontract, or otherwise transfer these Access Terms, or any rights or obligations under it, without Dovetail’s prior written consent.
It is the intent of the parties that the provisions of these Access Terms shall be enforced to the fullest extent permitted by applicable law. To the extent that the terms set forth in these Access Terms or any word, phrase, clause or sentence is found to be illegal or unenforceable for any reason, such word, phrase, clause or sentence shall be modified or deleted in such manner so as to afford the party for whose benefit it was intended the fullest benefit commensurate with making these Access Terms , as modified, enforceable, and the balance of these Access Terms shall not be affected thereby, the balance being construed as severable and independent.
You expressly agree not to export or reexport the Platform to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export, reexport, or transfer the Platform to any country to which the U.S. has embargoed or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country, or to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
Dovetail shall not be deemed in default of these Access Terms if failure or delay in performance is caused by an act of God, fire, flood, severe weather conditions, denial of service attacks, material shortage or unavailability of transportation, government ordinance, laws, regulations or restrictions, war or civil disorder, or any other cause beyond the reasonable control of Dovetail.
Any provisions of these Access Terms containing license restrictions, warranties and warranty disclaimers, confidentiality obligations, limitations of liability and/or indemnity terms, and any provision of these Access Terms which, by its nature, is intended to survive shall remain in effect following any termination or expiration of these Access Terms.
Changes to Access Terms
Dovetail may revise, modify or amend these Access Terms at any time. Any such revision, modification or amendment shall be effective immediately upon either posting it to the Platform or otherwise notifying you.
These Access Terms shall be governed by and construed in accordance with the laws of the State and County of New York without regard to the conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter of these Access Terms shall be the state and federal courts located in New York, New York. Each party, on behalf of itself and its affiliates, to the fullest extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury in any action or other legal proceeding arising out of or relating to these Access Terms or any services provided by Dovetail or its affiliates. The waiver applies to any action or legal proceeding, whether sounding in contract, tort or otherwise. Each party, on behalf of itself and its affiliates, also agrees not to include any employee, officer or director of the other party or its affiliates as a party in any such action or proceeding.
BY CLICKING THE BUTTON MARKED [I ACCEPT] OR BY ANY OTHER ACT ON YOUR PART TO USE THE PLATFORM IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY ALL OF THE ACCESS TERMS.
COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
- Directly from you when you use this website, or when we communicate such as through mail, email, online chat, instant messages or our call center.
- From third parties (such as insurance companies, consumer credit agencies, financial institutions, etc.).
- Using cookies or other technologies (such as pixel tags, web beacons, and clear GIFs) as described below.
We collect Personal Information for purposes of:
- Fulfilling a transaction or service authorized by you or on your client’s behalf.
- Analyzing, assessing and underwriting of risks by insurers with whom we work.
- Allowing you to manage and monitor insurance you have requested or placed electronically on this website.
- Processing of insurance claims.
- Establishing and maintaining communications with you or others on your client’s behalf.
- Responding to your inquiries about applications, insurance policies and other products or services;
- Making proposals for future insurance needs;
- Allowing our affiliated companies to notify you of certain products or services they offer;
- Evaluating credit worthiness, monitoring, servicing and collecting your premium and fee payments;
- Updating information with credit bureaus and insurance companies;
- Meeting legal, security, processing and regulatory requirements;
- Processing transactions through service providers;
- Detecting (including surveillance) and preventing fraud, suspicious claims or other illegal activities; and
- Compiling statistics for analysis of our business such as developing and improving our products and services, enhancing this website and evaluating the effectiveness of our marketing activities.
GENERAL INFORMATION WE COLLECT
We generally collect the following information:
- Name, postal address, email address, telephone number, date of birth, marital status, gender, Social Security Numbers, FEIN and personal identification numbers.
- Financial information such as banking information, or credit card number and credit information.
- Information relating to payrolls and salary and employment, insurance claims history, driving history.
- Other information that may not be publicly available, but necessary to fulfill a transaction authorized by your customer to you.
- Information reasonably necessary to evidence your instructions to us concerning your choices and elections to insurance services we provide.
- Information you provide in on-line or paper applications, or other forms; which may include your or your client’s name, address, email address, personal identification numbers, banking information, payment records, business and income information;
- Information we acquire from and/or transfer to other persons (such as government agencies, industry associations, auditors, claims adjusters, etc.) to verify your identity and the accuracy of the information you have provided;
- Information about you received from insurers, other intermediaries, third party providers and others for underwriting or claims purposes; and
- Information we receive from reporting agencies.
WEBSITE NAVIGATIONAL INFORMATION
As you navigate the Site, we may also collect information through the use of commonly-used information-gathering tools, such as cookies (collectively “Website Navigational Information”). Website Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Site (such as the web pages viewed and the links clicked).
There are different kinds of cookies with different functions:
- Session cookies: these are only stored on your computer during your web session. They are automatically deleted when the browser is closed. They usually store an anonymous session ID allowing you to browse a website without having to log in to each page. They do not collect any information from your computer.
- Persistent cookies: a persistent cookie is one stored as a file on your computer, and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again.
- First-party cookies: the function of this type of cookie is to retain your preferences for a particular website for the entity that owns that website. They are stored and sent between Dovetail’s servers and your computer’s hard drive. They are not used for anything other than for personalization as set by you. These cookies may be either Session or Persistent cookies.
- Third-party cookies: the function of this type of cookie is to retain your interaction with a particular website for an entity that does not own that website. They are stored and sent between the Third-party’s server and your computer’s hard drive. These cookies are usually Persistent cookies.
The major browsers have attempted to implement the draft “Do Not Track” (“DNT”) standard of the World Wide Web Consortium (“W3C”) in their latest releases. As this standard has not been finalized, Dovetail is not compatible with DNT.
- Where strictly necessary to enable you to move around the Site and use its features, such as accessing secure areas of the Site. Without these cookies, services you have asked for, such as obtaining a quote or logging into your account, cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
- For performance so that we can understand how visitors use our website, for instance which pages visitors go to most often, and if they get error messages from web pages. They also allow us to record and count the number of visitors to the Site, all of which enables us to see how visitors use the Site in order to improve the way that our Site works. These cookies do not collect information that identifies a person, as all information these cookies collect is anonymous and is used to improve how our Site works.
- To improve functionality by remembering the choices you make (such as your user name, language or the region you are in) and providing enhanced features. For instance, a Site may be able to remember your log in details, so that you do not have to repeatedly sign in to your account when using a particular device to access our Site. These cookies can also be used to remember changes you have made to text size, font and other parts of web pages that you can customize. They may also be used to provide services you have requested such as viewing a video or commenting on an article. The information these cookies collect is usually anonymized. They do not gather any information about you that could be used for advertising or remember where you have been on the internet.
Please consult your web browser's ‘Help’ documentation or visit www.aboutcookies.org. for more information about how to turn cookies on and off for your browser. You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin. If you choose to block cookies, you may not be able to access all or part of our site and may be unable to use those services or engage in activities that require the placement of cookies.
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user’s computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We may also receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
When you visit our Sites, Dovetail collects your Internet Protocol (“IP”) addresses to track and aggregate non-Personal Information. For example, Dovetail uses IP addresses to monitor the regions from which users navigate the Sites. IP addresses will be stored in such a way so that you cannot be identified from the IP address.
DISCLOSURE OF INFORMATION TO OTHERS
Third parties to whom we disclose information are required by law and/or pursuant to contractual requirements to keep your Personal Information confidential and secure, and to use and disclose it for purposes that a reasonable person would consider appropriate in the circumstances, in compliance with all applicable legislation.
Dovetail may share your information with the following parties to assist with managing and running this website, administering and processing your insurance transactions:
- The Insurance Companies we have contracts with for providing insurance coverages on multiple lines of business.
- Third parties providing support on underwriting, information gathering and claims processing.
- To various insurance bureaus and regulatory organizations.
- To notify you, or allow our affiliated companies, to notify you of certain products or services offered by our affiliated companies or others.
- For legal, claims settlement and valuation services.
- To process transactions through data processing service providers.
- If the information is a credit card number, to process credit card payments—through third party payment processing, clearing and settlement systems in association with various banks.
In the event Dovetail, or substantially all of its assets, is acquired, or in the unlikely event that Dovetail goes out of business or enters bankruptcy, your Personal Information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that an acquirer of Dovetail or any of its assets may continue to use your information as set forth in this policy.
Your knowledge of and consent to Dovetail’s collection, use and disclosure of your Personal Information is critical. We rely on the following actions by you as indications of your consent to our existing and future Personal Information practices:
- Your voluntary provision of personal information to us directly, or through another representative for the purpose fulfilling a insurance service or transaction authorized by your customer or client to you or your authorized personnel (including information previously provided to Dovetail);
- Your consent or acknowledgement obtained through this website or contained within a written, verbal or electronic application or claims process; or
- Your verbal consent solicited by Dovetail (or employees or representatives of Dovetail) for a specified purpose.
You further expressly consent to such processing taking place in such locations that Dovetail deems appropriate. This may include processing of your data within the geographical boundaries of the United States of America.
Your consent may be given through your authorized representative such as a legal guardian, agent or holder of a power of attorney.
Subject to certain legal or contractual restrictions, and with reasonable notice, you may withdraw this consent at any time. Dovetail will inform you of the consequences of withdrawing your consent. In some cases, refusing to provide certain Personal Information or withdrawing consent for Dovetail to collect, use or disclose your Personal Information could mean that we cannot provide requested products, services, or information for you.
Note that, there are a number of instances where Dovetail does not require your consent to engage in the processing or disclosure of Personal Information. Dovetail may not solicit your consent for the processing or transfer of Personal information for those purposes which have a statutory basis, such as:
- The transfer or processing is necessary for the performance of a contract between you and Dovetail (or one of its affiliates);
- The transfer or processing is necessary for the performance of a contract, concluded in your interest, between Dovetail (or one of its affiliates) and a third party;
- The transfer or processing is necessary, or legally required, on important public interest grounds, for the establishment, exercise, or defense of legal claims, or to protect your vital interests; or
- The transfer or processing is required by applicable law.
If you wish to withdraw your consent please refer to the Questions or to Withdraw Consent section below.
LIMITING COLLECTION AND RETENTION OF PERSONAL INFORMATION
Dovetail will only collect, use, or disclose Personal Information that is necessary for the Identified Purposes, or as permitted by law. If we require Personal Information for any other purpose, you will be notified of the new purpose, and subject to your consent, that new purpose will become an Identified Purpose.
Dovetail will collect Personal Information by fair and lawful means. Generally, we will retain Personal Information only as long as necessary for the fulfillment of the Identified Purposes. Some Personal Information may be retained for longer periods as required by law, contract, or auditing requirements.
We restrict access to Personal Information about agents, applicants and insureds, within our organization, to those employees of ours, and our affiliates, who need to know that information in order to provide products or services to applicants and insureds. We have in place safeguards appropriate to the sensitivity of the information we maintain. Safeguards will vary depending on the sensitivity, format, location, amount, distribution and storage of the Personal Information. These safeguards include physical, technical, and managerial measures to keep your Personal and Confidential Information protected from unauthorized access. They include, but are not limited to, the encryption of communications via SSL, encryption of information while it is in storage, firewalls, access controls, separation of duties, and similar security protocols. However, due to the nature of the Internet and related technology, we cannot absolutely guarantee the security of your Personal or Confidential Information, and Dovetail expressly disclaims any such obligation. Further, it is your obligation to protect the security of any access credentials you have for this website. Dovetail is not responsible for any breach of security caused by your compromise of your own access credentials.
ACCURACY, ACCOUNTABILITY, OPENNESS AND CUSTOMER ACCESS
Our knowing about changes to some of your Personal Information (e.g. insured location address) may be key to providing relevant services. Please keep us informed of changes to your Personal Information.
QUESTIONS OR TO WITHDRAW CONSENT
You have the right to access your Personal Information and request rectification of any Personal Information in the file that may be obsolete, incomplete, or incorrect.
You may also withdraw your consent to any use or disclosure of your Personal Information (which may limit or terminate the products and services that Dovetail provides to you) by writing or sending an email to us at the above address. We will need to validate the identity of anyone making such a request to ensure that we do not provide your information to anyone who does not have the right to such information.
Normally we will respond to access requests within 30 days.
CALIFORNIA’S “SHINE THE LIGHT” LAW
California Civil Code Section 1798.83 requires any operator of a website to permit its California-resident customers to request and obtain from the operator a list of what personal information the operator disclosed to third parties for direct marketing purposes, for the preceding calendar year; and the addresses and names of such third parties. Dovetail does not disclose customer data to third parties for direct marketing purposes.