Clauses - right of persons
1. Application for insurance
Signing the application does not in any way initiate the insurance coverage.
The values or sums insured have been determined by the policyholder.
This insurance application has been drawn up on the basis of the information provided by the policyholder(s). It takes into account the insurance situation and the insurance needs expressed by the policyholder(s). This proposal constitutes legal information in accordance with article 287 of the amended law of 7 December 2015 on the insurance sector.
Within 30 days of receipt of the application, under penalty of all damages, LA LUXEMBOURGEOISE Société Anonyme d'Assurances will notify the policyholder(s), either of an insurance offer, or the subjection of the insurance to a request for investigation, or the refusal to insure.
The insurance agent is registered with LA LUXEMBOURGEOISE Société Anonyme d'Assurances and is registered in the “Registre des Intermédiaires d'Assurances et de Réassurances” (Register of Insurance and Reinsurance Intermediaries). Agent approvals can be consulted under the “Intermédiaires” section on the website (in French only) of the Commissariat aux Assurances at http://www.caa.lu/.
2. Personal information
The controller responsible for processing personal data is LA LUXEMBOURGEOISE Société Anonyme d'Assurances, located at 9, rue Jean Fischbach L-3372 Leudelange. The Data Protection Officer can be contacted at: firstname.lastname@example.org
In accordance with the regulation on the protection of natural persons with regard to the processing of personal data, the controller collects and processes the personal data that the policyholder(s) has (have) communicated to him and those that he (they) subsequently communicate(s) to him for the following purposes:
- Assessing risks, preparing, drawing up, managing and executing insurance contracts. The processing is necessary for the performance of a contract to which the data subject (i.e. the policyholder(s) and/or the insured person(s)) is a party or for the performance of pre-contractual measures taken at the request of the latter, such as requests for offers/quotes. Personal data are therefore communicated to the data controller’s employees, LALUX network agents, medical consultants, experts, third parties such as garages, subcontractors, insurance brokers and reinsurers.
- Collecting the required data and transmitting them, if necessary, to the Commissariat Aux Assurances in the context of the amended law of 7 December 2015 on the insurance sector. Such processing is necessary in order to comply with a legal obligation to which the controller is subject.
- Collecting the required data and transmitting them, if necessary, to the external auditors within the framework of work required by the amended law of 8 December 1994 on the annual accounts of insurance and reinsurance companies. Such processing is necessary in order to comply with a legal obligation to which the controller is subject.
- Preventing or detecting any risk of fraud and respecting prohibitions and restrictive financial measures taken against individuals, companies or groups. Such processing is necessary to comply with a legal obligation to which the controller is subject or to protect the legitimate interests of the controller. Personal data may be shared with a competent authority such as the financial intelligence unit in strict compliance with applicable law.
- Managing the commercial relationship with its customers – including (unless they refuse) informing them about products or services similar or complementary to those they have already subscribed to and also about new products and services. The processing is based on the legitimate interests of the controller in order to make his clients aware of and advise them on insurance products and services. Personal data are therefore communicated to the employees of the LALUX Group and to agents of the LALUX network. For this purpose, health data are not communicated; they are processed only by the company that collected them.
- Corresponding with its lawyers, advisers, doctors or any other intervening party and transmitting to them, as well as to the Commissariat Aux Assurances (CAA), the Association des Compagnies d'Assurances (ACA) or even to the magistrates in charge and the appointed experts, the data necessary to protect its rights in particular within the framework of the defence or the protection of its rights and interests (for example the recovery of sums due, contestation of the conditions of intervention), legal actions, the management of claims or litigation, etc. The processing is necessary to comply with a legal obligation or to protect the legitimate interests of the controller. Personal data may therefore be communicated to the parties mentioned above.
The controller acts in accordance with the terms and conditions set out in Article 300 of the amended Insurance Industry Act of 7 December 2015 concerning insurance professional secrecy.
The policyholder(s) also acknowledge(s) that they are aware that it is mandatory to answer the questions asked in the insurance application or any other documents. Failing this, the controller is entitled to refuse the business relationship.
The data subject shall have the right to request from the controller access to, rectification or deletion of personal data or a limitation of the processing relating thereto. They also have the right to object to the processing and the right to the portability of data. The right to object to the processing of personal data entails the termination of the contract, since the controller’s risk assessment is based on the information collected. It is therefore essential that the answers be made conscientiously, being understood that under the law, intentional omissions or inaccuracies which mislead the controller as to the elements of risk assessment will result in the nullity of the contract.
By their signature, the policyholder(s) certifies/certify that they have answered all the questions truthfully. They assume responsibility for the declarations they have signed, even if the application has been completed by an insurance intermediary.
The policyholder(s) acknowledge(s) the right of the data controller to verify the accuracy of all information given, in the knowledge that he may require the presentation of any document he deems necessary for this purpose and for the purpose of clarifying the information provided.
The controller may use automated decision support systems, for example in checks to prevent the risk of fraud. He is likely to use such procedures to enable him to determine whether the business relationship with a customer or a contract involves a risk of fraud.
Therefore, additional supporting documents may be requested by the controller and he has the right not to accept a subscription.However, the controller does not carry out processing consisting of automated evaluations based on personal aspects, and all decisions are taken in a non-automated way when processing personal data involving human intervention. Sequencing, which does not involve any decision and does not commit the data subjects to the data controller, is implemented to target marketing campaigns.
If a contract is not concluded, the data may be kept for a period of three years from their collection by the data controller or from the last contact made with the prospect. Otherwise, the retention period of the data shall be limited to the duration of the data processing and to the subsequent period during which the retention of the data is necessary to enable the controller to comply with his obligations in the light of limitation periods or in application of other legal provisions.
3. General Terms and Conditions
By their signature, the policyholder(s) declare(s) that they have received the General Terms and Conditions, Administrative Conditions and definitions as well as the Specific Conditions governing this contract, and that they have read them and fully approve their terms.
4. In case of difference of opinion
In case of dispute concerning the insurance contract, the policyholder(s) may first contact their agent or directly LA LUXEMBOURGEOISE Société Anonyme d'Assurances to discuss the different points of view.
If no satisfactory solution is found, the policyholder(s) may address a claim to the General Management of LA LUXEMBOURGEOISE Société Anonyme d'Assurances, 9, rue Jean Fischbach, L-3372 Leudelange. If no satisfaction is obtained, there is a joint mediation body created for this purpose by the Union Luxembourgeoise des Consommateurs (ULC) and the Association des Compagnies d'Assurances (ACA). If they do not obtain satisfaction, they may also contact the Commissariat aux Assurances, 7, boulevard Joseph II, L-1840 Luxembourg.
The policyholder(s) also always has (have) the option to take legal action.
For any information or any other questions, the policyholder(s) can either submit them via the lalux customer area or call the hotline on (+352) 4761 6147.