Data use terms

This draft describes proposed commitments for sales or licenses of brokerage data arranged through Ashbrook. It does not bind a brokerage, a buyer or Ashbrook. It expands on what we describe on our Rights & data page.

Nothing is sold, licensed or delivered until the brokerage and the buyer sign a written agreement (“the agreement”). The signed agreement states the commitments that govern that transaction.

Ashbrook only transacts on data the brokerage has the right to sell or license. Before terms are drafted, Ashbrook reviews the brokerage’s client agreements, carrier agreements and producer contracts with the brokerage and its counsel to confirm what may be sold or licensed.

The agreement describes the data in scope. Data outside that scope is not part of the transaction.

Every agreement names the legal entity buying or licensing the data. The brokerage will know who it is before it signs, not after. Only that named entity may receive and use the data, and only after de-identification.

The agreement states exactly what the buyer may use the data for, typically training and evaluating AI models. Any use the agreement does not state is not permitted.

Whatever else the agreement says, the buyer may not:

• use the data to underwrite, or to make underwriting decisions about, the brokerage’s clients;
• use the data to market to the brokerage’s clients;
• re-identify, or attempt to re-identify, any insured, person or business in the data, including by combining it with other data;
• attempt to identify the brokerage, unless the brokerage has chosen to be named;
• use the data for any purpose the agreement does not permit.

Purchases are paid on signing. Licenses are paid annually in advance. The agreement fixes the amounts and the dates.

If the data may be licensed to anyone beyond the named buyer, the agreement says so, to whom, and on what terms. If the agreement says nothing about onward licensing, the buyer may not license, sell, share or otherwise pass the data to anyone else.

Insured names, personal information and identifying details are removed before data leaves the brokerage’s control. The brokerage chooses the export method and approves the delivery schedule. Ashbrook does not need access to the brokerage’s agency management system.

The de-identification standard for each transaction is [de-identification standard — to confirm].

The brokerage’s name, the names of the people who deal with Ashbrook for it, and the terms of any deal stay confidential unless the brokerage chooses otherwise. Buyers see the data card, never the brokerage’s identity. This applies from the first call.

The buyer keeps the data and the terms of the agreement confidential, and shares them only with its own people and advisers who need them for the permitted uses. [to confirm]

Confidentiality obligations last [duration — to confirm].

Ashbrook arranges and negotiates transactions between brokerages and buyers. [Ashbrook’s role in each transaction, who it represents and how it is paid — to confirm]

If a buyer uses data outside the agreement, the agreement sets out what happens next. [counsel to draft]

If we change these terms, we will post the new version here and update the date at the top. A change does not alter an agreement already signed. Questions: [privacy contact email — to confirm].