1st Addendum 03/21/2012 DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: March 28, 2012
TO: Maria Z. Fernandez- Gonzalez
Senior Administrator - Benefits
FROM: Pamela G. Hance P.C.
At the March 21, 2012, Board of County Commissioner's the Board granted approval and
authorized execution of Item C3 the GBS Insight User Agreement between Monroe County and
Gallagher Benefit Services, Inc.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney w/o document
Finance
File ti
Gallagher Benefit Services, Inc.
GBS Insight User Agreement Addendum
This GBS Insight User Agreement Addendum (the "Addendum ") is attached to and made a part for all
purposes of the Contract for Employee Benefit Consulting Services (the "Contract ") dated September 15,
2010, by and between Gallagher Benefit Services, Inc. ( "GBS ") and Monroe County (the "Client "). The
Contract is amended as set forth herein, including Attachment A which is incorporated by reference. All
other terms of the Contract are affirmed. For purposes of the Addendum, the term "Web Site" (whether one
or more) shall refer to any or all of the Web Sites hosted under the domain name
www.gallagherbenefits.com. Upon execution of the Addendum, GBS will set up two Web Site Users for
Client, and the Web Site User will be able to access the Web Site with the user name and password that
GBS will provide. A Web Site User is any employee or agent of Client who visits any area of the Web Site,
or posts licensing and technology transfer opportunities, whether such User is registered or not. Client and
all Web Site Users are governed by these terms and conditions. Any Web Site User who does not agree
with any parts of these terms and conditions will not be permitted to access or otherwise use any part of the
Web Site.
Pricing
Client agrees to pay GBS an annual, non - refundable fee of $0.00 for the following GBS Insight Services:
X My Desktop
X My Documents
X My Benefit Plan
Such fee is due and payable upon receipt of invoice. The cost for each Web Site User in excess of two shall
be $250.00 per User if the HReSource service is selected, which is payable upon receipt of invoice. Client
may cancel the GBS Insight Services under this Addendum upon 30 days advance written notice to GBS.
HIPAA Privacy /Security
Client understands and agrees that the Web Site contains protected health information ( "PHI ") as that term
is defined under the Health Insurance Portability and Accountability Act of 1996 ( "HIPAA "), and the
implementing regulations. Client will only allow Web Site Users to have access to PHI for Client's health
plan for purposes of plan administration. Client will ensure that Web Site Users access, use and disclose
PHI only for authorized purposes consistent with HIPAA and the implementing regulations and that Web Site
Users shall do so in a manner consistent with HIPAA and the implementing regulations.
Privacy
Client acknowledges receipt of the GBS Privacy Policy, which is incorporated into and made a part of this
Addendum.
Copyrights
Copyright Gallagher Benefit Services, Inc. 2005. All rights reserved.
GBS, a wholly owned subsidiary of Arthur J. Gallagher & Co., grants permission to Client to view, copy, print
and distribute the information found on the Web Site provided that the above copyright notice appears on all
copies, use is internal to Client or for personal noncommercial informational purposes only, and no
modification is made to any materials; Client grants to GBS permission to view, copy, print and distribute any
information posted on the Web Site by Users. Any other modification, use, reproduction or distribution of the
Web Site or its contents must be first approved by GBS in writing.
Trademarks
GBS Insight is a trademark of GBS. Client will not suffer or permit any unauthorized use of any GBS
trademark, service mark or logo.
No Warranties
All products and services offered by GBS, including but not limited to the exchanges on the Web Site and
any information presented on the exchanges, are presented "as is" and GBS makes no warranties, express €'
or implied, regarding the Clients or any User's involvement or participation. GBS does not represent or
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lb Gallagher Benefit Services, Inc.
warrant that the information provided on the exchanges regarding invention descriptions or search profiles
has been validated nor does GBS represent or warrant that the information is accurate.
Liability
Client agrees that in no event shall GBS or its affiliates or suppliers be liable for any damages, direct or
indirect or special or consequential (including but not limited to negligence), lost profits or lost opportunities
resulting from or related to the terms of use of the Web Site or this Addendum. The Client agrees to be
responsible for any claims arising out of any breach of the terms of use of the Web Site or this Addendum.
GBS DISCLAIMS ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR
SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF
THE WEB SITE.
Indemnification
To the extent allowed by Section 768.28, Florida Statutes, Client hereby agrees to indemnify, defend and
hold GBS and its employees, officers, directors, stockholders, advisors, successors and assigns harmless
from and against all losses, costs, expenses, liabilities and damages of every nature and kind, including,
without limitation, interest, penalties, reasonable attorneys' fees and arbitration and /or litigation costs arising
out of or in connection with the terms of use set forth in this Addendum or in any way relating to the Web
Site.
Site Access
Client understands and agrees that access to certain areas of the Web Site requires registration or
membership. GBS offers both unpaid registrations, as well as paid membership. Unpaid members may have
restrictions with respect to accessing certain levels of service pursuant to GBS policy. Access to the Web
Site using automated computer programs to acquire voluminous data, such as scrapers and spiders, is
strictly prohibited and Client agrees not to engage in such activity. GBS reserves the right to alter, change,
modify, add, or remove any portion of these terms and conditions with 10 days notice.
Passwords and Security
Upon execution of this Addendum, Client will be provided one password for each Web Site User. Client
agrees to maintain the confidentiality of the password(s) given to access the Web Site, and is fully
responsible for all activities that occur under Client's password(s). Client will provide to GBS the name and
contact information for the person(s) in Client's organization that is authorized to use the password(s) and
immediately inform GBS if the person(s) changes. Client agrees to notify GBS immediately of any
unauthorized use of Client's password(s).
Membership
The membership and rights conferred by this Addendum are not transferable to others. Usage of the Web
Site, for any fraudulent or illegitimate purpose is not allowed. GBS may receive copies of communications
between Web Site Users to monitor and control the proper use of our Web Site and business opportunity
databases, but is not obligated to do so. The personal information provided by authorized Web Site Users
shall be used in a manner consistent with the GBS privacy policy.
Right to Modify
GBS reserves the right, at any time, to modify, temporarily or permanently, the Web Site (or any part
thereof), without any notice and remove any of the information that Client may have posted at any time. GBS
also reserves the right to discontinue, temporarily or permanently, any area of the Web Site, with 10 days
notice. GBS will not be liable to Client or any third party for any modification, suspension, or discontinuance
of the Web Site. This Addendum may be modified only by written agreement between the parties.
Links
The Web Site may contain links to the web sites of other parties. Client acknowledges and agrees that GBS
does not control these other sites nor the policies applicable to such sites. Third party links to other web
sites or resources are not endorsed by GBS and GBS is not responsible for any data, software or other
content available from such web sites or resources. Client acknowledges and agrees that GBS shall not be
liable, directly or indirectly, for any damage or loss relating to Client's reliance or use of such data, software
or other content.
GBS Insight User Agreement Addendum
Page 2 of 3
Gallagher Benefit Services, Inc.
No Redistribution or Export
Information supplied to the Client is intended for the sole use of the Client and Web Site Users.
Redistribution or export of any information supplied by GBS is strictly prohibited.
Termination of Access / Monitoring
Client agrees that GBS may, in GBS' sole discretion, at any time terminate Client's access to the Web Site.
Client also agrees that GBS may monitor the Web Site and may remove any information Client posts that
GBS feels in GBS' sole discretion, is inappropriate to the Web Site. The Web Site may not be used in
violation of any community standards, accepted Internet policy, Taws or regulations of local, state, foreign or
Federal govemments or agencies thereof, or international treaty. Actions such as, but not limited to, misuse
of copyrighted, patented or protected materials, use of the Web Site for defamatory, threatening or obscene
purposes, the mass distribution of any message on an intrusive basis to users of the Internet, or denial -of-
service or security related attacks is prohibited.
Venue
Client acknowledges that GBS has its headquarters and operates its Web Site at the direction of individuals
in the State of Illinois, United States of America. GBS does not represent or warrant that the content of its
Web Site is appropriate or available for use outside of the United States. Access to the Web Site from
countries other than the United States is at the risk of Client. Client agrees that any use of the Web Site
from a country outside of the United States will be on the express condition that United States law applies.
Client agrees to comply with the laws of the United States when visiting the Web Site and to resolve any
disputes with GBS that are in any manner connected to or arise out of Client's use of the Web Site in the
State of Illinois. This Agreement and any claims relating to the information available on the Web Site shall be
governed by and construed in accordance with the laws of the State of Illinois, excluding its conflict of law
rules.
Agreed to this 21st day of March , 2012 .
CLIENT
By
Name David P ce
Its Mayor
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. EP') CLEr k' GALLAGHER BEN - S, INC.
Name: - rey P. Angelo
Its: Area President
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GBS Insight User Agreement Addendum
Page 3 of 3
. Gallagher Benefit Services, Inc.
Gallagher Benefit Services, Inc. Internet Privacy Policy
Our Commitment
We are committed to protecting the privacy of our clients and their employees. Since we collect certain types
of information when you visit our web site and at the time when our online services are used, we believe that
it is important to let you know what information is collected, how the collected information is used and
protected.
Welcome to Gallagher Benefit Services
In visiting our web site, we want you to know that you have control over your business and personal
information. You can visit us on the web without telling us who you are or revealing any business and
personal information whatsoever, including your email address.
Gallagher Benefit Services Online Services
We encourage you to take advantage of Gallagher Benefit Services online services. When you use our
online services, we can assure you that the personal information you provide us is managed with care.
In order to use these services, we will ask for information about you such as name, business, business
address, and e-mail address. Within each of these service areas on our web site, you will be informed of the
manner in which information will be collected and used. We know how important your privacy is to you and 1
we appreciate you trusting us to handle your business and personal information responsibly and with
integrity.
Your Personal Information
You do not have to give us personal information to visit our web site. By personal information we mean data
that is unique to an individual such as a name, address, social security number or telephone number. We
request personal information from you at our site in order to deliver requested materials to you and deliver a
service. We do not sell, trade or rent your personal information to others under any circumstances.
We collect only that personal information which you choose to provide to us. By using our web site you
agree to the uses of your personal information described in this notice. If at any time this policy changes,
those changes will be posted to this page so that you are aware of our intent to better protect your privacy.
Confidentiality Practices
At Gallagher Benefit Services, we support the concept of total confidentiality. We also hold our business
associates and our affiliates to similar confidentiality standards. All personal information or other confidential
information must be used and disclosed in a manner consistent with applicable federal and state statutes
and regulations, contractual obligations, and Gallagher Benefit Services policies and procedures.
Confidential information includes but is not limited to, protected health information, non - public financial
information, and trade secrets.
Protected health information is individually identifiable health information that is transmitted or maintained by
our clients and Gallagher Benefit Services in performance of our service agreement. This includes
information in electronic, paper and oral form. If an individual's past, present, or future medical information
can be discovered from the information it is protected. Protected health information may be used and
disclosed solely for Gallagher Benefit Services business activities related to health care operations.
Non - public financial information includes confidential information of a financial nature that is shared with
Gallagher Benefit Services in the course of providing products and services to current, prospective or prior
clients. This information is not otherwise available to the public and includes but is not limited to the
following: credit history, financial benefits, business records, accounting, contracts, claims, policy
information, and any other data financial in nature.
Trade secrets include any proprietary information of our current, prospective or prior clients that is obtained
through the course of business activities, through the provision of products and services. This information is
not otherwise available to the public and includes but is not limited to the following: business records,
contracts, claims, products, business methods, data processing procedures, marketing strategies, pending
projects or proposals, mailing lists, and any other information related to an organization's activities, products
or services.
GBS Insight User Agreement Addendum
Page 1 of 2
• c
1111 Gallagher Benefit Services, Inc.
Information Collection and Use
The information we collect is limited to the data elements on the prescribed forms. In the course of
conducting our business we may share information you provide to us strictly on an as needed basis or
otherwise required by law. In certain situations, and in no event contrary to applicable public policy, we
would share information about you to: 1) our affiliated companies in order to provide a service to you; 2) a
third party if reasonably necessary to enable them to perform services for us such as claims inquiries,
appraisals, or the detection of fraud or material representations; 3) governmental authorities; 4) persons or
organizations conducting legitimate research.
Gallagher Benefit Services does not use, disclose, sell or transfer any personal information without consent
unless required or permitted by law or regulation. In cases of permitted disclosure, we will disclose
•
information in compliance with applicable laws and regulations and will require the recipient to protect the
information and use it only for the purpose provided.
Click Streams
We may capture click streams to help us learn what parts of our site are most popular and among which
audiences. We may also use them to help us optimize our user interface, to analyze site usage statistically,
to improve content, and to customize our site's content and layout. In short, we use this information to allow
us to tailor our site and to meet your needs better. We analyze click stream data to track trends and
behaviors - -not individuals. We are interested in our audience size, return visit rate, and similar data on an
aggregate basis. We also capture date and time information of visits, pages visited, and the time you spend
with us.
Cookies
Cookies are pieces of information that a site transfers to your computer's hard drive for record - keeping
purposes. They can make the site more useful by storing information about your preferences at our site. It is
almost standard for any interactive Web site to use cookies. Cookies do not identify a user, but they do
identify a user's computer. Most browsers are set up to accept cookies. If you prefer, you can set your
browser to refuse cookies.
We do not use cookies to track, report on activity when you are not on our site, or pass your data to other
sites. We do not use cookies to collect personal information such as your email address. We do not combine
information collected through cookies with other personal information. We do not knowingly make any of the
foregoing information we collect available to anyone else. We make no attempt to look at or examine other
cookies or information that may be stored on your computer.
Use of E -mail
E -mail messages sent in clear text over the public Internet can be observed by an unintended third party.
Nonencrypted Internet email communications may be accessed and viewed by other intemet users without
your knowledge and permission while in transit to us.
If you wish to keep your information private, please do not use email to communicate information to us or
request information from us that you consider confidential. If you wish, you may contact us instead via
telephone at the phone number provided elsewhere in this web site.
Correcting or Removing Your Personal Information
If you would like to correct any personal information you have provided to us or request that we remove your
information from our records, email us at gbswebmaster @gallagherbenefits.com with the correction or
removal request.
Links to Other Sites
We may provide links to other web sites not owned or controlled by us that we think might be useful or of
interest to you. We cannot however be responsible for the privacy practices used by other web site owners
or the content or accuracy of those other web sites. Links to other web sites do not constitute or imply
endorsement by us of the web sites, any products or services described on these sites or any other material
contained in them. Contact those web sites for their individual privacy policies.
Changes to Our Privacy Policy
We reserve the right to make changes to our privacy policy. We encourage you to review the web site and
these terms periodically for any updates or changes. Your continued access or use of this web site shall be
deemed your acceptance of this privacy policy_
GBS Insight User Agreement Addendum
Page 2 of 2
Gallagher Benefit Services, Inc.
thinking ahead
gbS! S ght Attachment A
At Gallagher Benefit Services, we believe that building strong relationships with our clients is the cornerstone of
our success. To strengthen our client relationships even further, we have developed GBS Insight. GBS Insight uses
a powerful portal framework to deliver secure, personalized online access to the latest information and tools you
need to effectively manage your company's human resource and employee benefit needs.
Through innovative technology, GBS Insight's portal platform will support solutions that are appropriate to help
you get your job done.
GBS Insight offers the following complimentary core features:
N My Desktop A personalized workspace that will conveniently provide you one -click access to all of your
online business needs of GBS. You can store your most frequently used internet links or contact any one of
your GBS Account Team members with a click of a mouse. Additionally, My Desktop also offers you valuable
insight to the latest industry updates through daily news feeds from HR & Benefit Essentials.
N My Documents A personal directory of your documents that you and your GBS account team can share. You
can upload, download, and edit any document in your company folder and be assured that you and your GBS
account team are the only individuals that will access your company's documents.
M My Benefit Plan A benefit plan manager that provides you convenient electronic access to your
comprehensive employee benefit plan. You can improve employee customer service and enable more
competitive and cost - efficient employee benefit packages by having your benefit plan readily available at your
desktop through GBS Insight.
M My Service Requests A secure message board that allows you to submit, respond to, and track service
requests containing private health information to any member of your GBS account team.
In addition to the complimentary core features, GBS Insight will provide you with the optimum flexibility to add
the following services to your personalized desktop.
M HReSout A comprehensive library of HR and benefits information powered by HR & Benefits Essentials.
It features easy -to- understand and navigate HR and employee benefits content, a targeted search engine, and
hundreds of downloadable forms.
H Additional GBS Technology Solutions A convenient way to gain single sign -on access to additional
technology solutions available through GBS. GBS will store your usernames and passwords and provide you
with one -click access to our technology solutions. Technology solutions currently available through GBS
Insight include SmartBen, Connect2MyBenefits, and GBSlnsider.
Please contact your Gallagher Benefit Services Consultant for more information regarding GBS Insight - the
robust, insightful online benefits resource only available to Gallagher Benefit Services clients.
GBS Insight is the latest benefit of business designed for you to compliment the valued relationship we share. GBS
Insight's intuitive technology will continue to evolve, providing you with all the tools you need available on one
website — www.gallagherbenefits.com.
www.gallagherbenefits.com