elite Employment Practice Liability Insurance Policy for Republic of Ireland Elite EPL(ROI)_1 i.07

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1 elite Employment Practice Liability Insurance Policy for Republic of Ireland Elite EPL(ROI)_1 i.07

2 Contents INDEX 1. Insuring Agreement 1 2. Definitions Exclusions Conditions Limit of Liability Retention Claims and Legal Representation Expenses Advancement of Defence Costs and Allocation of Defence Costs 4.5 Takeovers and Mergers Other Insurance Subrogation Authorisation Non-assignment Policy Interpretation 9 5. Discovery Period 9 6. Proposal form disclosure and severability 9 7. Extensions Subsidiaries Outside Directorships Additional Limit of Liability for Legal Representation Complaints Procedure 11 Page 8 Elite EPL(ROI)_1 i.07

3 ACE European Group Ltd. 2nd Floor 5 Georges Dock International Financial Service Centre Dublin, 1 (01) tel (01) fax ACE European Group Limited's conduct of business in Ireland is regulated by the Financial Regulator. In Northern Ireland, ACE European Group Limited is authorised and regulated by the Financial Services Authority. Elite Employment Practices Liability Insurance Policy In consideration of the payment of the premium shown at Item 6 of the Schedule and in reliance upon the Proposal and subject to all terms, conditions and limitations of this policy the Insurer agrees with the Insured as follows: 1. Insuring Agreement The Insurer will pay on behalf of the Insured: A. all Loss resulting from a Claim first made during the Policy Period or Discovery Period (if applicable) against an Insured for any Employment Wrongful Act B. all Legal Representation Expenses in respect of an Employment Investigation. SIGNED for and on behalf of the Insurer Andrew Kendrick Chairman and Chief Executive Officer Elite EPL(ROI)_1 1 i.07

4 2. Definitions 2.1 Agency Worker means any individual who provides services to the Company through the agency of a third party acting as agent or principal, whether or not that person also has a direct contractual relationship with the Company. 2.2 Benefits means perquisites, fringe benefits, health benefits, permanent health insurance benefits, amounts due or payments made in connection with an employee or worker benefit plan or pension scheme, share or stock options or any other right to purchase, acquire or sell shares or stock, incentives or deferred compensation and any other obligation or payment other than basic remuneration made to or for the benefit of a Worker or a director or officer. 2.3 Claim means (i) any written demand made against an Insured based upon a specified Employment Wrongful Act seeking damages, reinstatement, re-engagement or such other relief as could be sought in legal proceedings; or (ii) any civil or arbitral proceeding against an Insured; or (iii) any criminal prosecution against an Insured; or (iv) any legal administrative or regulatory proceeding commenced against an Insured based upon a specified Employment Wrongful Act; first made during the Policy Period 2.4 Company means the company shown in Item 1 of the Schedule and any Subsidiary 2.5 Defence Costs means reasonable legal fees, costs and expenses incurred by an Insured (including the cost of an appeal bond but without the obligation to apply for and furnish any such bond) with the written consent of the Insurer, not to be unreasonably withheld, that are necessary to defend or appeal a Claim. Defence Costs does not include the Company s cost of employing or continuing to employ an Insured. 2.6 Discovery Period means the period of 12 months immediately after expiry of the Policy Period during which (subject to the provisions of Clause 5) the Insured may notify Claims in writing in respect of Employment Wrongful Acts occurring prior to expiry of the Policy Period. 2.7 Employment Investigation means an official investigation, official examination or official enquiry in relation to the employment practices of the Company brought by any equality or human rights commission or any other public body with statutory responsibility to enforce employment-related law and at which the attendance of an Insured is first required during the Policy Period. 2.8 Employment Wrongful Act means any act, error, omission, neglect, misstatement or misleading statement actually or allegedly committed or attempted by the Insured in their capacities as such or by any other individual for whom the Company is vicariously liable by virtue of statute or common law, in connection with any actual or alleged employmentrelated: (i) (ii) (iii) (iv) (v) (vi) wrongful or unfair dismissal, discharge or termination of employment (including constructive dismissal); breach of oral or written or implied contract; misrepresentation; discrimination (whether direct or indirect and whether based upon age, gender, race, disability, religion, belief, sexual orientation or preference, pregnancy, parenthood, disability, membership of the Traveller Community or any other category protected by law or that becomes protected by law during the Policy Period); harassment of any kind or the alleged creation of a harassing workplace environment; wrongful failure to employ or promote or wrongful deprivation of career or training opportunities; Elite EPL(ROI)_1 2 i.07

5 (vii) (viii) (ix) (x) (xi) (xii) (xiii) 2.9 Insured means wrongful discipline or demotion; failure to grant tenure or negligent employee evaluation; failure to provide accurate work references; breach of data protection laws; defamation (including libel and slander), humiliation, invasion of privacy or false imprisonment Retaliation; or breach of duty whether arising under statutory law or common law or otherwise. (a) the Company; (b) any natural person who was, now is or shall become a director or officer of the Company including the equivalent position in any other jurisdiction while acting in their capacity as such (also referred to as a Natural Person Insured ); (c) any natural person who was, now is or shall become a Worker of the Company while acting in their capacity as such (also referred to as a Natural Person Insured ); (d) any lawful spouse of a director or officer, but only where the Claim results from the Employment Wrongful Act of such director or officer; (e) the estate, heir or legal representative of a deceased person who was a director or officer of the Company at the time of the Employment Wrongful Act upon which the Claim is based; (f) the legal representative of a director or officer in the event of the incapacity, insolvency or bankruptcy of such director or officer provided that Insured does not include: (i) an external auditor; (ii) any insolvency office-holder; (iii) any person providing services to or on behalf of the Company other than as a Worker, provided that the Insurer may agree to provide such cover upon request and only by specific written endorsement to this policy. Claims brought against an Insured for any Employment Wrongful Act by persons who are treated by the Company as not being Workers but who in bringing such a Claim allege that their status is that of a Worker are not excluded by this definition Insurer means Ace European Group Ltd Legal Representation Expenses means the reasonable legal costs for which an Insured is legally liable and which are incurred with the consent of the Insurer (but not including the Company s cost of employing or continuing to employ an Insured) for legal representation in relation to an Employment Investigation. Elite EPL(ROI)_1 3 i.07

6 2.12 Loss includes: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) damages, judgments and settlements; Defence Costs; Legal Representation Expenses; awards of claimant s costs; awards of pre- or post-judgment interest; damages for injury to feelings; aggravated damages; and punitive and exemplary damages where insurable by law; for which an Insured is legally liable in respect of a Claim or an Employment Investigation. Except for Defence Costs, Legal Representation Expenses and as otherwise provided below, Loss does not include: (i) fines or penalties imposed by law any monetary payment for violation of any notification, information or consultation requirements under any applicable law or any matter deemed uninsurable under the law; (ii) taxes or sums payable in relation to taxes; (iii) Benefits; (iv) any form of non-monetary or injunctive relief including but not limited to the costs of making or refusing to make accommodations or modifications for any disabled person in respect of working practices, premises, property or otherwise, and the costs incurred in holding or refusing to hold any employment related educational programmes; (v) amounts which represent the cost of complying with or refusing to comply with any judgment or order for the reinstatement or re-engagement of a Worker except, in the event of the Company being ordered to reinstate or re-engage a Worker, Loss shall include the cost of paying wages (but not Benefits) to said Worker for the period from the date of the purported dismissal or termination to the date on which the court or tribunal of first instance delivered its judgment to the parties; (vi) amounts which represent any amount the Insured would have been liable for in the absence of a Employment Wrongful Act including but not limited to severance payments, payments in respect of notice periods, payments owing under The National Minimum Wage Act 2000 or any equivalent wage provisions, payments owing under a written contract of employment or payments owing under any other express written obligations Outside Entity means a registered charity or a trade association or other non-profit organization in the Republic of Ireland or the equivalent in any other jurisdiction, other than a governmental or quasi-governmental organization or an organization engaged in provision of educational or medical services Policy Period means the period of time shown in Item 2 of the Schedule of this policy Pollution means the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of any Pollutant whether in a solid, liquid, gas, odour, noise, vibration, electromagnetic radiation, ionising radiation, thermal or other form at any time Pollutant means any contaminant, irritant or other matter or substance including but not limited to oil, smoke, vapour, soot, asbestos, asbestos-containing materials, fumes, acids, alkalis, nuclear or radioactive material, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed Proposal means the proposal form submitted by the Insured in applying for this policy and all information and documentation accompanying it and also such proposal forms and accompanying information and documentation concerning any previous policy issued by the Insurer of which the policy is a replacement, renewal or continuation. Elite EPL(ROI)_1 4 i.07

7 2.18 Retaliation means: (i) any act of discrimination comprising victimization; or (ii) any act of detrimental treatment (including a deliberate failure to act) on the grounds of the assertion of or pursuit of an employment related statutory right or on grounds related to union membership or activities Schedule means the schedule to this policy 2.20 Secondee means an individual who has been loaned to the Company by a third party Self Employed Contractor means any individual who provides services to the Company by way of a contract for services or any individual who provides services to the Company so that the Company is the client or customer of any profession or business undertaking carried on by the individual 2.22 Subsidiary means a company that the company shown in Item 1 of the Schedule directly or indirectly: (i) controls through holding a majority of the voting rights; or (ii) controls through the right to appoint or remove a majority of its board of directors; or (iii) controls alone, pursuant to a written agreement with other shareholders, a majority of the voting rights therein; or (iv) holds more than half of the issued share capital Transaction means any one of the following events: (i) the company shown in Item 1 of the Schedule merges with or consolidates into any other entity; or (ii) the company shown in Item 1 of the Schedule sells all or more than 90% of its assets to any person or entity or persons or entities acting in concert; or (iii) any person or entity or persons or entities acting in concert acquire more than 50% of the issued share capital of the company shown in Item 1 of the Schedule; or (iv) any person or entity or persons or entities acting in concert acquire control of the appointment of the majority of directors U.S.A. means the United States of America, its territories and possessions and any state or political subdivision thereof Worker means any individual who is contracted to provide services to the Company in a personal capacity (including, for the avoidance of doubt, as trainee, casual, part-time, seasonal, temporary, voluntary or work experience personnel) other than as a director, officer, Self Employed Contractor, an Agency Worker or a Secondee. 3. Exclusions The Insurer shall not be liable to make any payment for Loss in connection with any Claim or Employment Investigation: 3.1 based on, arising from or attributable to any dishonest or fraudulent act or omission of an Insured; provided that: (a) this exclusion shall only apply if it is established through a judgment or any other adjudication or any admission by such Insured that the relevant conduct occurred; and (b) for the purposes of this exclusion the Employment Wrongful Act of an Insured shall not be imputed to any other Insured; Elite EPL(ROI)_1 5 i.07

8 3.2 based on, arising from or attributable to any pending or prior litigation, other proceedings (including but not limited to civil, criminal, regulatory and administrative proceedings), regulatory inquiries or Employment Investigations involving the Company, an Outside Entity or an Insured and issued or otherwise begun before the date shown at Item 5 of the Schedule or alleging or derived from the same or substantially the same facts or circumstances alleged in the pending or prior Employment Investigations, inquiries, litigation or proceedings; 3.3 based on, arising from or attributable to any fact, circumstance, act, omission, Claim, Employment Investigation, Employment Wrongful Act or other matter of which notice has been given under any policy existing or expired before or on the inception date of this policy; 3.4 (i) for personal injury or death of any person; or (ii) for damage to or destruction of any tangible property including loss of use of such property; provided, however, that Exclusion 3.4 (i) shall not apply in respect of claims for injury to feelings resulting from an Employment Wrongful Act or claims for compensation for psychiatric injury suffered as a result of unlawful discrimination 3.5 in any capacity as trustee of any pension, profit sharing, health, welfare or any other employee or worker benefit programme established by the Company or for any actual or alleged breach of an Insured s responsibilities or obligations as imposed in the United Kingdom by the Pensions Act 1990, Pensions (Amendment) Act 2002 and in the U.S.A. by the Employee Retirement Income Security Act 1974 both as from time to time amended, or any similar laws, common or statutory, in any other jurisdiction; provided, however, that this exclusion shall not apply to any Claim for Retaliation; 3.6 based on, arising from, attributable to, in consequence of or in any way involving directly or indirectly Pollution; provided, however, that this exclusion shall not apply to any Claim for Retaliation; 3.7 based on, arising from or attributable to any legal obligation pursuant to any disability benefits, unemployment benefits or compensation, pay related social insurance system, retirement benefits, social security benefits and health and safety laws or any similar laws, common or statutory, in any other jurisdiction; provided, however, that this exclusion shall not apply to any Claim for Retaliation; 3.8 based on, arising from or attributable to the liability of others assumed by the Insured under any contract or agreement, either oral or written, except to the extent that the Insured would have been liable in the absence of such contract or agreement; 3.9 based on, arising from or attributable to collective bargaining, collective agreements and trade union membership including, for the avoidance of doubt, where such Claims arise from contractual terms expressly or impliedly incorporated by collective agreement; provided, however, that this exclusion shall not apply to any Claim for Retaliation; 3.10 brought or maintained, in whole or in part in the U.S.A. provided, however, that the Insurer may agree to provide such cover upon request and only by specific written endorsement to this policy. Elite EPL(ROI)_1 6 i.07

9 4. Conditions 4.1 Limit of Liability Save as provided for in Extension 7.4 the amount shown in Item 3(a) of the Schedule is the Insurer s maximum aggregate liability for all Loss under this policy irrespective of the number of Claims or Employment Investigations under this policy or the number of Insureds who claim and irrespective of the amounts of any such Claims or Employment Investigations when they are made. Two or more Claims arising out of a single Employment Wrongful Act or a series of related Employment Wrongful Acts shall be treated as a single Claim. All such Claims shall be treated as though first made when the earliest such Claim was first made. In the event of a Claim based on, arising from, attributable to or in any way related to an Employment Investigation in respect of which Legal Representation Expenses have been incurred, such Claim shall be treated as though first made at the time the attendance of an Insured at such Employment Investigation was first requested. 4.2 Retention The Insurer s liability for each and every Claim or Employment Investigation against the Company shall apply only to that part of Loss which is in excess of the retention shown in Item 4 of the Schedule. No retention shall apply to a Claim or Employment Investigation which is made solely against a Natural Person Insured. If a Claim or Employment Investigation is first made jointly against both a Natural Person Insured and the Company then the retention show in Item 4 of the Schedule shall apply to such Loss. If applicable, the retention shall be borne by the Company uninsured and at their own risk. 4.3 Claims and Legal Representation Expenses (i) It is a condition precedent to the Insurer s Liability to pay Loss under this policy in respect of a Claim or Employment Investigation that the Insured gives written notice to the Insurer of such Claim or Employment Investigation as soon as practicable. In all events, notification must be given no later than 45 days after the expiration of the Policy Period, or, in relation to a Claim or Employment Investigation first made against the Insured during the Discovery Period, no later than expiry of the Discovery Period. (ii) The Insured shall give the Insurer such information and co-operation as it may reasonably require. Notice and all information shall be sent in writing to the Insurer at 2 nd Floor, 5 Georges Dock, IFSC, Dublin 1. (iii) The Insured shall not do anything to prejudice any of the Insurer s rights nor shall they admit liability for or settle any Claim or incur Defence Costs or Legal Representation Expenses without the Insurer s prior written consent, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, the Insurer s prior written consent shall not be needed for the Insured to incur Defence Costs within the retention shown in Item 4 of the Schedule that are necessary in completing and returning a response form to an Employment Tribunal. (iv) The Insured shall have the right and duty to defend and contest any Claim. The Insurer shall at all times have the right, but not the duty, to effectively associate in the defence or settlement of any Claim or the incurring of Legal Representation Expenses to which this policy may apply and to be given the opportunity to consult with the Insured in relation to proposed action that the Insured may wish to take in relation to such Claim or Legal Representation Expenses. Elite EPL(ROI)_1 7 i.07

10 (v) If during the Policy Period the Insured shall become aware of any circumstances that might give rise to a Claim and during such period give notice of the same as soon as practicable to the Insurer, then any Claim later made against any Insured shall for the purposes of this policy be treated as a Claim made during the Policy Period. A notice under this sub-paragraph must describe as precisely as possible the material facts or circumstances including the reasons for anticipating a Claim, full particulars as to dates and persons involved and an estimate of quantum 4.4 Advancement and Allocation of Defence Costs (i) The Insurer shall advance Defence Costs on an ongoing basis prior to the final payment or settlement of any Claim and shall advance Legal Representation Expenses; provided that: (a) such Defence Costs or Legal Representation Expenses are incurred with the written consent of the Insurer; and (b) such advance payments by the Insurer shall be repaid to the Insurer in the event that the Insured is not entitled to payment of such Loss or part of such Loss under the policy (the Limit of Liability shown in Item 3(a) of the Schedule shall be reduced by such amount until repaid to the Insurer). (ii) In the event of: (a) a Claim or Employment Investigation against an Insured which is not wholly covered by this policy and/or (b) a Claim or Employment Investigation against an Insured being also made against one or more persons who are not Insureds and/or the Insurer and the Insured shall then use their best endeavours to determine a reasonable allocation of Loss that is covered under this policy and loss comprising damages, settlements, defence costs or other costs that is not covered. (iii) In the event of a dispute as to allocation under sub-paragraph (ii) above, the Insurer at its option or if requested by the Insured shall submit the dispute to binding arbitration before a panel consisting of one arbitrator selected by the Insured, one arbitrator selected by the Insurer and a third independent arbitrator selected by the first two. Such arbitration shall be conducted under the Rules of the London Court of International Arbitration, the Rules of which are hereby deemed incorporated. 4.5 Takeovers and Mergers If during the Policy Period a Transaction takes place then: (i) the company shown in Item 1 of the Schedule shall give written notice of the same to the Insurer within 30 days of the effective date of such Transaction; and (ii) the cover provided under this policy shall apply only to Employment Wrongful Acts committed prior to the effective date of such Transaction. 4.6 Other Insurance If an Insured is or would (but for the existence of this policy ) be entitled to cover under any other policy (save for insurance specifically arranged to apply in excess of this policy) in respect of any Claim or Employment Investigation, the Insurer shall not be liable for Loss other than in excess of any amount that is or would (but for the existence of this policy) have been payable under any other such policy. 4.7 Subrogation In the event the Insurer makes any payment under this policy, the Insurer shall be subrogated to all of the Insured s rights of recovery, and the Insured shall co-operate with the Insurer in securing such rights. The Insured shall not do anything to prejudice the Insurer s ability to assert such rights. The Insurer shall not exercise any rights of subrogation against a Natural Person Insured unless it is established that such Natural Person Insured has committed a dishonest or fraudulent act. Elite EPL(ROI)_1 8 i.07

11 4.8 Authorisation The company shown in Item 1 of the Schedule hereby agrees to act on behalf of all Insureds with respect to the giving and receiving of notice of a Claim or an Employment Investigation, the payment of premiums and the receiving of any return premium that may become due under this policy, the negotiation, agreement to and acceptance of endorsements, and the giving or receiving of any notice provided for in this policy and each Insured agrees that the Company shall so act on his or her behalf. 4.9 Non-assignment No change in, modification of, or assignment of interest under this policy shall be effective unless made by written endorsement to this policy duly executed on behalf of the Insurer Policy Interpretation This policy shall be governed by Irish law. The Insurer and the Insured agree to submit to the exclusive jurisdiction of the Irish courts in relation to all disputes arising out of, relating to or connected with this policy and/or its negotiation, validity or enforceability. 5. Discovery Period (i) (ii) (iii) (iv) If either the company shown in Item 1 of the Schedule or the Insurer refuses to renew this policy, it may upon payment of 75% of the annual premium extend the cover under this policy for a period of 12 months from the date on which the Policy Period expires, for any Claim or Employment Investigation first made against the Insured during the Discovery Period, but only in respect of Employment Wrongful Acts committed or alleged to have been committed prior to expiry of the Policy Period. The right to purchase the Discovery Period as set out above must be exercised by notice to the Insurer in writing within 30 days of the expiration of the Policy Period, and is only effective upon payment of the above sum The Insurer s offer of renewal terms, conditions, limits of liability or premium different from those of the expiring policy shall not constitute a refusal to renew. The Insurer shall not be liable to make payment in respect of any Claim or Employment Investigation first made against the Insured during the Discovery Period if at any time the Company obtains any other policy insuring similar risks covering the whole or any part of the Discovery Period. 6. Proposal form disclosure and severability The Insurer has relied upon the Proposal in granting cover under this policy. Such Proposal shall form the basis of this contract. However, the Proposal shall be construed as a separate proposal by each Insured and with respect to statements and particulars in the Proposal no statements made or information possessed by any Insured shall be imputed to any other Insured to determine whether cover is available for that other Insured. Elite EPL(ROI)_1 9 i.07

12 7. Extensions 7.1 Cover for Subsidiaries (i) If during the Policy Period the company shown in Item 1 of the Schedule acquires or creates a Subsidiary that: (a) (b) increases the Company s total number of Workers by no greater than 20%; and has no Workers or assets in the U.S.A. then cover shall apply automatically in respect of such Subsidiary for Claims or Employment Investigations occurring on or after the effective date of such acquisition or creation, without notice to the Insurer or additional premium being payable. (ii) The Insurer may provide cover under this policy for a Subsidiary, the acquisition or creation of which during the Policy Period is not in accordance with (i) above, but such cover shall only be available if the Insurer so decides in its sole discretion and shall be subject to such additional terms, conditions, exclusions or premium as it may require. 7.2 Outside Directorships (i) Cover under this policy is extended (subject to the Insuring Agreement and the other terms and conditions of this policy and subject to the overall aggregate Limit of Liability) to a director or officer of the Company who at the specific request of the Company: (a) at the date of inception of the Policy Period was a director, officer, trustee, governor or equivalent of any Outside Entity; or (b) becomes a director, officer, trustee, governor or equivalent of any Outside Entity during the Policy Period. (ii) Cover under sub-paragraph (i) above shall be excess of any indemnification provided by the Outside Entity and shall be specifically excess of any valid and collectible insurance in force in respect of the Outside Entity and its directors, officers, trustees, governors or equivalents. If such insurance is provided by any member of the ACE group of companies (or would be provided except for the application of the retention amount or the exhaustion of the Limit of Liability), then the total aggregate Limit of Liability for all Loss covered by virtue of this extension shall be reduced by the amount paid for the benefit of the Outside Entity and its directors, officers, trustees, governors or equivalents under the other ACE insurance provided to the Outside Entity. (iii) As respects cover under sub-paragraph (i) above the Insurer shall not be liable to make any payment for Loss in connection with any Claim brought against an Insured by an Outside Entity or by any director, officer, trustee, governor or equivalent or by any shareholder of the Outside Entity. 7.3 Additional Limit of Liability for Legal Representation Expenses The Additional Limit of Liability stated in Item 3(b) of the Schedule, if any, shall be an Additional Limit of Liability for that part of Loss constituting Legal Representation Expenses incurred in connection with matters claimed under Insuring Agreement 1(B). The Additional Limit of Liability shall be in addition to and not part of the Limit of Liability stated in Item 3(a) of the Schedule. Loss constituting Legal Representation Expenses shall first reduce the Additional Limit of Liability stated in Item 3(b) of the Schedule. Should the Additional Limit of Liability stated in Item 3(b) of the Schedule become exhausted or be stated as none then subsequent Legal Representation Expenses will reduce the Limit of Liability stated in Item 3(a). Elite EPL(ROI)_1 10 i.07

13 Complaints Procedure We are dedicated to providing you with a high quality service, and want to maintain this at all times. If you feel that we have not offered you a first class service or you wish to make an enquiry regarding this insurance, please contact the intermediary who arranged this insurance for you or the manager of the branch of the company which issued your policy. If you are still not satisfied, you may write to our Chief Executive of the company at ACE s head office the address is shown on your policy. If you are still dissatisfied you may contact the Irish Insurance Federation s Insurance Information Service at 39 Molesworth Street Dublin 2. The service can advise you on how to proceed further and may be able to help in resolving the problem. Insurance Act 1936 (Republic of Ireland) All moneys which became or may become due and payable by the company under this policy shall in accordance with Section 93 of the Insurance Act 1936 be payable and paid in the Republic of Ireland. Finance Act 1990 (Republic of Ireland) The appropriate stamp duty has been paid and will be paid in accordance with the provisions of Section 113 of the Finance Act Data Protection ACE European Group Ltd and its group companies ( ACE ) will use the information supplied during the formation and performance of this Policy for policy administration, customer services, paying claims and fraud prevention. ACE may disclose this information to our service providers and both you and our agents for these purposes. We will keep this information for a reasonable period. Where sensitive personal data has been disclosed, including any medical or criminal record information, ACE will also use this information for the above purposes. ACE may also transfer certain information to countries that do not provide the same level of data protection as the Republic of Ireland for the above purposes. A contract will be in place to ensure the information transferred is protected. Individuals whose information has been supplied to ACE have a right to ask for a copy of that information and to have any inaccuracies corrected. ACE may record telephone calls to make sure it follows instructions correctly and for staff training purposes. When personal or sensitive data is supplied to ACE about third parties other than the insured, both during the formation and performance of this policy, ACE assumes that those third parties consent to the supply of this information to ACE, to ACE processing this data, including sensitive personal data, and to the transfer of their information abroad. ACE will also assume that the supplier of the information is authorised to receive, on their behalf, any data protection notices. Elite EPL(ROI)_1 11 i.07

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