PROTECTION OF PERSONAL DATA - DEFENDING OF THE INSURED
LAW OF MEDIATION 26/2006

Alfarisk SL with social address in Av. América 8, 28028 Madrid, CIF B82973744 is an insurance brokerage firm properly authorized by the Dirección General de Seguros, exercise its activity under authorization J - 2213 and has its liability insurance of 2.000.000 € that includes all the territory of the European Economic Space conforms art. 27,1 Law 26/2006.

The advising that renders is independent, professional and impartial and it is based at any moment on the objective study of a sufficient number of options (at least three) adapted to the necessities of the clients. Also, during the use of the contract we will inform the insured of any question relative to the contract that they ask for and will lend our attendance and advising in case of wreck.

In accordance with art. 44, on the departments and services of attention to the client and the defender of the client of the financial organizations, we inform to our clients we have designated a service of attention to the client independent in order to take care of and to solve the complaints and claims of such, AlfaRisk, Dpto. Attention to the Client, Av. de Améríca, 8 28028 - Madrid or trough alaman@icam.es

In agreement with the law 15/99, 13 of December of Personal Protection of Data, we inform to our clients that the data gathered will be incorporated to a file property of Alfarisk SL with the purpose of formalizing the supplied service; to ask for budgets before different companies or brokerages, to contract the police, to manage the wrecks the implied companies and their experts or lawyers, and to manage the collection before the corresponding financial organizations, as well as to inform on new products or services.
It is also informed that they have the right of access, rectification, cancellation and opposition that attend to him, and that will be able to exercise by means of writing directed to Alfarisk SL, Person in charge of Security, in Av. América 8, 28028 Madrid.

RIGHT TO STOP: In accordance with art. 10 of Law 22/2007, on remote commercialization of financial services destined to consumers, you have a 14 natural day term to stop of the remote contract, without indication of the reasons and with any penalty .The term I will be of 30 days for life insurances.

This right will not be of application for contracts of following insurances.

- Contracts of insurance in which the insured assumes the risk of the investment, as well as of contracts in which the guaranteed yield is based on investments assigned to such.

- Those of trip or luggage of an inferior duration to a month.
- those whose effects finish before the term to which section 1 talks about (that is to say, 14 natural days).

- Those that give fulfilment to an insurance obligation of the insured.

- The investment assured plans.

In order to exert this right it will be sufficient whereupon to send an electronic mail to us at alfarisk@alfarisk.es, indicating acquired product, number of policy and company.

According to Law 26/2006 of 17, Tenth Additional Disposition, section Two, the client specifically authorizes the brokerage firm that all the communications made by it in the name of insured, have the same effects that if it would be made by himself.

In accordance with Law 26/2006, art. 33.2 you have been informed in advance that all the responsibility of your operations corresponds to Alfarisk SL.

In accordance with ORDER ECO/734/2004, of 11 of March, on the departments and services of attention to the client and the defender of the client of the financial organizations, ALFA-RISK SL, has designated an independent attention service to the client in order to take care of and to solve their complaints and claims.

These complaints or claims must be directed by mail or email to:

Alfa-Risk Dpto. Attention to the Client Avd. of América, 8 28028 - Madrid or to: alaman@icam.es

The complaints and claims, that will be attended are reflected in the Regulation of Operation from the Service of Attention the Client, and will be solved in a maximum term of two months from its presentation.

 

REGULATION FOR THE DEFENSE OF THE CLIENT:

TITLE I
CAPITULATE I. EXHIBITION OF REASONS

The present Regulation regulates the operations of the Attention Department to the client of the Brokerage Firm the Holder, in accordance with Law 26/2006 and the Order ECO 734/2004.
The ALFARISK S. L. BROKERAGE OF INSURANCES organization, considers that between the high-priority mercantile objectives of the company, it is a policy of quality and customized attention of his clients with the high-priority purpose to offer total guarantees to his clients for the resolution of complaints and claims of all type as a way to implant a philosophy on watch and total satisfaction of his portfolio of clients.

Consequently the complaints and claims of Alfarisk’s clients are regulated as it follows.

 

TITLE II
CHAPTER I. OF THE DEPARTMENT OF ATTENTION TO THE CLIENT

First: Holder of the Attention Department. Duration of the mandate

The Holder of the Department is a person with commercial and professional honourableness, and knowledge and experience adapted to exert its functions.

The Holder will be designated by the Brokerage Firm taking care of the requirements of established compatibility and eligibility according to article 45 of Law 26/2006. The designation will be communicated to the Commissioner for the Defence of the Client of Financial Services of the Dirección General de Seguros.

The appointment of the Holder of the Client’s Attention Department will be limitless and can be renewed by equal periods of time whichever times considers by the Brokerage Firm.

The Holder of the Department can be stopped in its position by any of the following causes:

1. Expiration of the term for which it was named, unless the Society of Brokerage decided its renovation.
2. Happened incapacity.
3. To be condemned for crime in firm sentence.
4. Resignation
5. Ceased by well-known negligence to performance its position.

In no case the decision of rescission of the agreement with the holder of the Department of Attention to the client will affect the subjects that are or were entrusted or that will be pending of their resolution.

Vacancy the position and without damage of the fulfilment of the resolutions adopted by the previous Holder, the Brokerage Firm will come to the appointment of a new Holder within the fifteen following days to the date that took place the vacancy.

 

Second: Of the Obligations of the Brokerage Firm with the Client’s Attention Department

The Brokerage Firm will adopt the measures necessary to separate the Department of Attention to the Client of the remaining commercial or operative services of the organization, so that it is guaranteed that that makes from independent way its referring decisions to the scope of its activity, and also, conflicts of interests are avoided.

The Brokerage Firm will adopt the opportune measures to guarantee that the procedures anticipated for the transmission of the information required by the Department of Attention to the Client to the rest of services of the organization, respond to the principles of rapidity, security, effectiveness and coordination.

The Brokerage Firm will make sure that its Department of Attention to the Client is equipped with the average humans, suitable materials, and organizational technicians and for the fulfilment of its functions.

The Brokerage Firm will inform to its clients fulfilling the exigencies of the Law and of the content of the present Regulation and the rights that attend to them to make their complaints and of the procedure for its formulation.

 

Third: Subjects submitted to the knowledge of the Client’s Attention Department

The Client’s Attention Department can be an own internal service of the Brokerage or being trusted to external a physical or legal person who fulfils the requirements of this Regulation and other conditions demanded by the Law.

The Client’s Attention Department intends to take care of and to solve the complaints and claims that are presented by their clients, derived from its relations with the Brokerage Firm based on its mediation activity.

Any subject not specifically assigned to the Defender of the client the present Regulation will be understood to be attributed to the Department of attention to the client.

 

Fourth: Term for the presentation of claims

The presentation of complaints or claims to the Department of attention to the client will have to be made within the term of two years to count since the moment in that the client has knowledge of the facts that cause them.

 

TITLE III
CHAPTER I. OF THE DEFENDER OF THE CLIENT

Of the legal conditions and decisions of the Defender of the Client

1. The Brokerage Firm will be able to designate a Defender of the Client who will act in those subjects that are in relation to the mediation activity that it develops.
2. The Defender of the client will independently act respect to the organization and with total autonomy as far for the criteria and directives to apply in the exercise of his functions.
3. The Defender of the client will be a person or organization of recognized prestige in legal, economic or financial field, independent to the organization of the Brokerage Firm.
4. The decisions of defender in favour of a client will tie the organization. This entailment will not be obstacle to the fullness of the judicial trusteeship, to the resource to other mechanisms solve the conflict nor to the administrative protection.
5. The nomination of Defender of the Client will last a year, renewable by equal periods of a year whereas it is not come to an express rescission on the part of the brokerage society.
6. In no case the decision of rescission of the agreement with the Defender of the Client will be able to affect the subjects that are or were entrusted or that will be pending of their resolution.

 

TITLE IV
CHAPTER I. PROCEDURE OF CLAIM AND COMPLAINT BEFORE THE DEPARTMENT OF ATTENTION TO THE CLIENT, AND IN HIS CASE, BEFORE THE DEFENDER OF THE CLIENT

Fifth: Procedure for the presentation, study and resolution of the complaints and claims

The procedure to which the present section talks about is established at Chapter III of the Order Eco 734/2004, transcribed next, and incorporated to the present Regulation. However, in spite of its equivalence, the claimant will be informed of this circumstance and the possibility of deciding on the referred procedure:

1. The department of attention to the client and, in their case, the defender of the client, will have a term of two months, to count from the presentation before them of the complaint or claim, to dictate a resolution, being then able to go to the Commissioner to the Defence of the Client of Financial Services, possibility that will be informed specifically in this uprising.

2. The presentation of the complaints and claims must be able to take place, personally or by means of representation, in paper support or by computer or electronic or means, whenever these allow the reading, impression and conservation of documents.

The computer or electronic mechanisms will have to adjust to the exigencies anticipated in Lawy 59/2003, of 19 of december, electronic company/signature.

3. The procedure will begin by means of the presentation of a document in which it will be pointed out:

a) Name, last names and address of the interested one and, if its the case, of the person who represents it, properly credited; number of the national document of identity for the physical people and referred data to public registry for the legal ones.

b) Reason for the complaint or claim, with clear specification of the questions on which an uprising is asked for.

c) Office or offices, department or service where the facts had taken place object of the complaint or claim.

d) That the claimant does not have knowledge of which the matter objects of the complaint or claim is being embodied through an administrative procedure, by arbitration or judicial.

e) Place, date and signature.

The claimant has to contribute, added to the previous document, the documentary evidences that they are in his possession on which its complaint or claim is based.

4. The claims and complaints could be made before the Department of Attention the Client, or in his case, any office opened to the public of the society of Brokerage of Insurances, as well as in the direction of following electronic mail: alaman@icam.es

5. Received the complaint or claim by the Brokerage Firm, in case that the own office or service object of the complaint had not solved it in favour of the client; this one will be sent to the department of attention to the client.

The calculation of the maximum term of completion will begin from the presentation of the complaint or claim in the department of attention to the client eventually it will be confirm by writing the claim o complaint date presentation, on computing delays purposes. Received the complaint or claim by the competent instance for its transaction, it will be come to the file opening.

The complaint or claim will be presented only once, without its reiteration can be demanded before different organs from the organization.

6. If one were not credited the identity of the claimant sufficiently, or the facts could not settle down with clarity object of the complaint or claim, it will be required to the signer to complete the documentation sent in the term of ten natural days, warning that if he documentation is not completed the complaint will be stopped.

The term used by the claimant to correct the errors to that the previous paragraph talks about not will be included in the calculation of the term of two months for the emission of an uprising by the Department of attention the client.

7. It will only be able to reject the admission to proceeding of the complaints and claims in the following cases:

a) When essential data for the transaction are omitted, including when the complaint or claim is not sufficiently concreted.

b) When complaints or claims, whose knowledge is competition from the administrative agencies, by arbitration or judicial, or the same one is slope of resolution or litigation or the subject already has been solved in those instances.

c) When the facts, reasons and request in that the questions take shape object of the complaint or claim not refer concrete operations or they do not adjust to the requirements established in section 2 of article 2 of the Order ECO 734/2004, of 11 of March.

d) When complaints or claims are formulated that reiterate other previous resolute ones, presented/displayed by the same client ion the same facts.

e) When it had passed the term for the presentation of complaints and claims that the Regulation establishes.

When knowledge of the simultaneous transaction of a complaint or claim it’s been treated on an administrative procedure, or arbitration or judicial on the same matter, it will have to abstain to transact on it.

8. When the complaint is understood no permissible to proceeding or claim, by some of the indicated causes, is shown to the interested one by means of motivated decision, giving him a term of ten natural days so that he can present its allegations. When the interested one had answered and it continue non been receivable, the made final decision will communicate to him.

9. The department of attention to the client will be able to obtain in the course of the transaction of the files, as much of the claimant as of the different departments and services of the affected organization, whichever data, explanations, information or elements consider pertinent to make their decision.

10. If at sight of the complaint or claim, the organization rectified its situation to the claimant satisfaction, this will have to be communicated to the competent instance and to justify it documentarily, unless express dropping of the claimant. In such cases, the complaint file will be stopped without more proceeding.

11. The claimants can stop their complaints and claims at any time. The dropping of the claim will give rise to the immediate conclusion of the procedure. However, the defender of the client will be able to decide the continuation by himself within the framework of his function to promote the fulfilment of the transparency norm and financial protection of the customer and the good practices and uses.

12. The file will have to finalize in the maximum term of two months, as of the date in which the complaint or claim was presented/displayed in the department of attention the client.

13. The decision always will be motivated and will contain clear conclusions on the request raised in each complaint or claim, being based on the contractual clauses, the norms of transparency and applicable protection of the client, as well as the good practices and financial uses.

In case the decision aside from the criteria showed in similar previous files, the reasons must be contributed that justify it. The decisions whereupon finalize the procedures of transaction of complaints and claims must specifically mentioned the faculty that attends the claimant for, in case of disagreement with the result of the uprising, to go to the Commissioner for the Defence of the Client of Financial Services .

14. The decision will be notified to the parts in the term of ten natural days to count from this date, by writing or by computer or electronic means, whenever these allow the reading, impression and conservation of documents, established at Law 59/2003, of 19 of december, of electronic company/signature, according to the designated form expressed by the claimant and, in absence of such indication, through same means in which the complaint or complaint had been made.

15. Relation with Commissioner competent on activity of this society of Brokerage will be taken by own holder of Department of attention to client, who will take care of his requirements in the terms that these determine in accordance with the established thing in their Regulation and will adopt the necessary agreements and will carry out the opportune actions to facilitate that the transmission of the data and documents that are necessary in the exercise of their functions, is carried out by average telemetric by means of the use of the electronic company/signature, in accordance with the established thing in article 4 of Law 59/2003, of 19 of december, electronic company/signature, and its norm of development.

 

TITLE V
CHAPTER I. OF THE ANNUAL REPORT OF the DEPARTMENT OF ATTENTION TO the CLIENT AND THE DEFENDER OF THE CLIENT

Sixth: Annual report

Within the first trimester of every year, the Department of attention to the client will present/display before the organ of administration of the Brokerage Firm an explanatory report of the development of its function during the preceding exercise, with the following minimum content.

a) Statistical summary of the complaints and claims taken care of, with information on its number, admission to proceeding and reasons of non acceptance, reasons and questions raised in the complaints and claims, and quantities and matter affected.

b) Summary of the dictated decisions, with indication of the favourable or unfavourable character for the claimants.

c) Contained general criteria in the decisions.

d) Recommendations or suggestions derived from its experience, with views to one better attainment of the aims that inform their performance.

This report, or at least a summary, will be integrated in the annual memory of the society.

 

FINAL DISPOSITION

For everything that is not regulated in the present Regulation the norm will be Law 26/2006 of 17 of Julio and in the Order Eco 734/2004 .

In Madrid to 24 of November of 2006.