AMENDMENT
to the Reinsurance Agreements between
CUNA MUTUAL LIFE INSURANCE COMPANY of Waverly, Iowa,
("COMPANY")
and
SWISS RE LIFE AND HEALTH AMERICA, INC., a Connecticut domiciled insurer,
("REINSURER").
All existing Reinsurance Agreements (the "Agreements") between CUNA Mutual Life
Insurance Company ("COMPANY") and Swiss Re Life and Health America Inc.
("REINSURER"), are hereby amended by the addition of the following Article of
Confidentiality and Sharing of Customer Information:
ARTICLE OF CONFIDENTIALITY AND SHARING OF CUSTOMER INFORMATION
The parties acknowledge and agree that it may be necessary for COMPANY to share
customer information ("Customer Information") with REINSURER in order for
REINSURER to meet its obligations under the Agreements. With respect to the
sharing, use and protection of Customer Information, REINSURER agrees to the
following:
(a) CONFIDENTIALITY AND RESTRICTIONS ON REDISCLOSURE OF CUSTOMER INFORMATION.
REINSURER agrees to hold in strict confidence Customer Information
obtained from COMPANY during the Agreements. REINSURER agrees not to
disclose Customer Information, in any from or medium, to any affiliated
or nonaffiliated person, firm or corporation except as necessary to
perform services under the Agreements or as may be required or permitted
by law. The parties acknowledge and agree that disclosing Customer
Information to effectuate, service or administer a Customer transaction
shall not be considered a breach of the confidentiality obligations
created hereunder. To the extent that REINSURER contracts with a third
party that obtains Customer Information in order to provide services
under the Agreements, REINSURER agrees to obtain contractual
confidentiality protections to require the third party to hold Customer
Information in strict confidence and not disclose it to any person unless
required by law. REINSURER agrees to return all Customer Information to
COMPANY either upon request or termination of the Agreements. REINSURER
agrees to comply with applicable privacy laws and regulations including,
but not limited to, the Xxxxx-Xxxxx-Xxxxxx Act, Public Law 106-102 (1999)
as set forth in 15 U.S.C.A. [SEC]6802, as amended and to comply with
applicable changes in such laws and regulations as these occur and become
effective.
(b) USE OF CUSTOMER INFORMATION. REINSURER agrees to use Customer Information
only to provide services hereunder and not to use such information for
any other purpose.
(c) OBLIGATION TO MAINTAIN SECURITY OVER CUSTOMER INFORMATION. REINSURER
agrees to implement and maintain reasonable and customary security
measures to safeguard Customer Information. Such measures shall include,
but not be limited, to requiring employees who will have access to such
information to agree to the confidentiality requirements of this Article.
(d) CONFIDENTIALITY OBLIGATIONS SURVIVE TERMINATION OF THE AGREEMENT. The
obligations of REINSURER set forth in this Article shall survive the
termination of the Agreements.
In Witness Whereof, the undersigned parties have executed this Amendment to be
effective July 1, 2001.
CUNA MUTUAL LIFE INSURANCE COMPANY SWISS RE LIFE AND HEALTH AMERICA, INC.
BY: /s/ Xxxxxxx X. Xxxxx BY: /s/ Xxxxxxx Xxxxx
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NAME: Xxxxxxx X. Xxxxx NAME: Xxxxxxx Xxxxx
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TITLE: VP, Life & Health Products TITLE: Second VP
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DATE: 6/24/02 DATE: 6/25/02
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