IBA Partners (RCS B235167) is a public limited company domiciled at 29 Bld Prince Henri in L-1724 LUXEMBOURG, Grand Duchy of Luxembourg and authorized by the Commissariat aux Assurances as an insurance broker under number 2019CM009, represented by Mr. Gaëtan Evrard in his capacity as Executive Director.
We are bound by professional secrecy as organized and applied under Article 300 of the Luxembourg law of 7 December 2015 on the insurance sector.
We do not disclose any information provided by the Client except in cases where the law, professional regulations, or the Client's instructions require it.
However, the obligation of secrecy does not apply to insurance companies, banking institutions, insurance professionals (PSA), or financial sector professionals (PSF) when the information is communicated by the Broker as part of a service contract.
In addition, the Client expressly agrees and instructs us to irrevocably waive professional secrecy to allow the communication of information to third parties, potentially located outside the Grand Duchy of Luxembourg. These third parties may not have the same level of protection as Luxembourg. This communication is necessary or useful for the provision of our services, improving operational efficiency, or fulfilling legal or regulatory obligations.
This communication can take place before, during, or after the conclusion of an insurance contract.
We engage the following service providers:
Microsoft Corporation, European Union
PORTIMA Belgium
This instruction will remain applicable in all its effects as long as our relationship continues, and for all data concerned or exchanged.
For the execution of the Contract, we are required to collect, process, and store personal data related to you. This data is processed in strict compliance with current regulations, particularly Regulation (EU) 2016/679 of 27 April 2016 relating to the protection of natural persons with regard to the processing and the free movement of personal data.
You authorise us to process and transmit health-related information when necessary for the proper execution of our mission. Failure to provide the requested health data may result in our inability to fulfil our contractual obligations or respond to your requests.
We will retain your personal data for the duration of the Contract and the legally required retention period, or for as long as necessary to defend our rights and interests.
In accordance with the Regulation, you have the right to access, correct inaccuracies, delete, restrict processing, or transfer your personal data to another entity.
For any information or request relating to the processing of your personal data, please send an email to the following address: gaetan@ibapartners.lu
The following points define the limits of our financial liability (including liability for the actions or errors of our employees, directors, Partner Companies, associates, executives, agents, or subcontractors):
Our liability is strictly limited to proven damages directly caused by gross negligence or intentional wrongdoing in the course of our mission. We are not responsible for any indirect or punitive damages, loss of profits, or loss of opportunity;
We are not liable for damages caused to the Client due to force majeure, measures taken by Luxembourg or foreign public authorities, or changes in legislation;
Despite our efforts to offer quality insurers, we cannot guarantee their solvency;
We are not responsible for the proper application or interpretation of an insurance contract's terms by the insurer, even in cases where we have negotiated specific clauses or extensions for the Client, or when our name or logo appears on the insurance contract;
No person other than ABIL can be held responsible for services provided under the ABIL name;
For the entire mission, our liability will be limited to a maximum of €1,310,000 for a single transaction or series of related operations.
If any part of these terms of engagement is or becomes illegal, invalid, or unenforceable, that portion is deemed to be removed from these terms of engagement and shall in no way affect the legality, validity, or enforceability of the remaining terms of engagement.
These terms of engagement, and the services made available to you, are governed by Luxembourg law. Any dispute shall be submitted exclusively to the courts of Luxembourg City.
You may terminate these terms of engagement at any time. In that event, we are entitled to receive all earned or due compensation up to the date of termination, through debt cancellation or other means, as well as any future payments owed.
We reserve the right to withdraw from our role as your insurance broker at any time.
If you wish to file a complaint, we invite you to contact your manager at IBA Partners.
A complaint can also be registered with the Commissaire aux Assurances: Commissariat aux Assurances (CAA), 7, Boulevard Joseph II, L-1840 Luxembourg, Tel: 22 69 11 -1 — Fax: 22 69 10, email: caa@caa.lu
