PORTAL ADDENDUM TO PRIVACY POLICY AND TERMS OF USE AGREEMENT

Version date:  July 16, 2026

The terms in this addendum (the “Addendum”) amend the Terms of Use and Privacy Policy (the “Agreement”) binding upon all persons and entities that access ELANY’s website or portals which are defined as “the Site” in the Agreement, which is available at  https://www.elany.org/privacy-policy. The terms in this Addendum are hereby incorporated by reference into the Agreement and shall have the full force and effect of the Agreement.  In the event that any terms in the Addendum conflict with the terms of the Agreement or any prior Addendum, the terms of this Addendum shall supersede. All defined terms not defined in this Addendum shall have the meaning given to them in the Agreement.

1. Definitions 

1.1.  “Broker” means a natural person or legal entity that is licensed as a resident or non-resident Excess Line Broker in the state of New York. 

1.2.  “Market” means an insurer, program manager or other entity to which an insurer delegates any portion of its underwriting authority, including their Representatives.

1.3.   “TPP” means a third-party entity or its Representative that is not a Broker or Market, which accesses an ELANY portal to provide TPP Services to a Broker, Market, or Authorized Organization in connection with the Purpose. TPP may include legal counsel to the extent performing TPP Services.

1.4.  "TPP Services" means the specific services provided by TPP to a Broker or Market in connection with excess line filings on behalf of such Broker or Market that are strictly limited to: (i) accessing ELANY’s portal on behalf of Brokers or Markets; (ii) submitting filings and other information to ELANY on behalf of Brokers or Markets; (iii) retrieving information from ELANY’s portal on behalf of Brokers or Markets; (iv) facilitating communication between ELANY and Brokers or Markets; and (v) related administrative functions necessary for the filing of stamping transactions or Market reviews. TPP Services expressly exclude any use of the ELANY portals or Content for any purpose beyond those specifically enumerated herein.

1.5.  "User Credentials" means the unique username, password, security tokens, and any other authentication credentials required to access ELANY’s portals.

2. Obligations of All Users

The following are obligations of all Users of any ELANY portals and their Authorized Organizations and a condition of access:

2.1.  Representations and Warranties. You represent and warrant that you have the authority to perform these filings and e-sign on behalf of each Broker on whose behalf you are making a filing.  With respect to the Market portal, you represent and warrant that you have the authority to perform such functions on behalf of each Market on whose behalf you are submitting, reviewing or receiving information.  

2.2.  Administration Processes. In addition to the terms and conditions of the Agreement, as a condition of accessing ELANY’s portals, Users shall comply with ELANY’s onboarding, decommissioning, and administrative processes and demands for documentation outlined on the Site or in any related correspondence from ELANY, in the form of ELANY’s choosing.  ELANY reserves the right to suspend a User business entity’s access to the portal if any of its Representatives breach the Agreement or fail to comply with such processes. 

2.3.  User Credentials. You shall take all reasonable steps to safeguard your User Credentials and shall not share them with anyone.   ELANY will issue unique access credentials to each User designated by the Authorized Company or its Users with “Administrator” status. Each set of access credentials may be used only by the specific Authorized User to whom such credentials were issued and may not be shared with or used by any other individual under any circumstances.

2.4.  Purpose of Use.  Users of ELANY’s Broker Portal shall only use it for the purpose of submitting excess line filings for statutorily-required stamping by ELANY, as well as administrative and reporting activities related thereto. Users of ELANY’s Market Portal shall only use it for the purpose of submitting or obtaining information about an insurer seeking to obtain or maintain eligibility to write excess line business in New York.   As applied in this Addendum, the “Purpose” shall mean the foregoing activities identified in this Section 2.1. No User shall access any Authorized Organization’s data except as needed to perform the Purpose within the scope of the User’s authorized role at or on behalf of the Authorized Organization. User shall not access or use any Content for competitive purposes.    

2.5.  Change of Employment or Access Permissions. You shall immediately notify ELANY if you, any other User or any TPP acting on behalf of your Authorized Organization ceases to be employed or engaged by the Authorized Organization or otherwise should no longer have access to ELANY’s portal or to particular Broker or Market information within the portal. You must immediately cease accessing ELANY’s portals on behalf of a Broker or Market once your authority to act in such capacity has been terminated or has expired.  If you change employers but retain the same email address as your User Credentials, you must inform ELANY of your change in employment. 

2.6.  Audit. Each Authorized Organization and TPP shall cooperate with ELANY and any Broker or Market that requests reasonably relevant information about any User, including the User’s role, whether the User remains employed or engaged by the Authorized Organization or TPP, and the User’s relationship to the Broker’s or Market’s account.  Each Authorized Organization and TPP shall also self-audit its Users’ access and activity promptly upon ELANY’s request, up to once per year, and shall promptly cooperate with any additional audit ELANY conducts directly, also up to once per year.   

2.7.  Administrators.  If you are granted “Administrator” status, you will have certain access and viewing rights and responsibilities beyond that of most Users, including to add and disable Users.  You will be responsible for managing Users in accordance with this Agreement. You agree to use your enhanced access rights only to perform those functions required of Administrators on behalf of your particular Authorized Organization, and you shall not use such rights for any activity beyond the scope of your Purpose for that Authorized Organization.  ELANY reserves the rights to suspend, restrict, or terminate Administrator access, or require removal or replacement of an Administrator, if ELANY determines that such access has been misused, creates a security concern, or is inconsistent with the Agreement or the Purpose.

3. Broker Terms and Conditions

The following are obligations of all Users accessing the Broker Portal.

3.1.  Non-Delegable Duties. Brokers shall remain responsible for the acts or omissions of any other User acting on their behalf, including any TPP.   Brokers acknowledge that their duties under the excess line laws and regulations of NY are non-delegable. Broker understands that, in authorizing another User to e-sign Affidavits on Broker’s behalf, such documents will have the same force and effect as if Broker had physically signed the document, and Broker will be bound by the contents of that document.  

3.2.  E-Signature. Broker hereby acknowledges and agrees that transactions submitted under Broker’s PIN number by any Users with whom Broker works constitutes Broker’s express permission for such submission under Broker’s excess line license or the Authorized Organization’s excess line license and has the same legal effect and consequences as placing Broker’s original, hand-written signature on an affidavit.

4. Market Terms and Conditions

The following are obligations of all Users accessing the Market Portal.

4.1.  You acknowledge and agree that all Users who have access to your Market in the Market Portal will be able to view all information related to such Market.

5. TPP Terms and Conditions

The following terms apply to TPP Users.

5.1.  Acknowledgments. (a) certain Brokers or Markets have engaged or desire to engage TPP to access ELANY's portal to perform the TPP Service, and (b) ELANY is willing to grant TPP access to its portal only for the purpose of providing TPP Services, subject to the terms and conditions set forth in this Agreement.

5.2.  Permitted Use. TPP may use the ELANY’s portal and Content solely for the purpose of providing TPP Services to Brokers or Markets in accordance with this Agreement and the applicable authorization from such Brokers or Markets.

5.3.  Requirement for Access Authorization. TPP's access to ELANY’s portals on behalf of a Broker or Market is contingent upon TPP obtaining and maintaining valid authorization from such Brokers or Markets.

5.4.  Termination of Access Authorization. If an access authorization is terminated or the scope of TPP’s authority changes for any reason, TPP shall immediately notify ELANY and shall cease accessing ELANY’s portal beyond the then-current scope of authority.

5.5.  TPP Purpose. TPP shall not access or use the ELANY portals or Content for any purpose other than providing TPP Services to Brokers or Markets, within the scope of such authority for such Broker or Market.

TPP shall not use ELANY’s portals, Content, or any knowledge gained through access to or use of the ELANY’s portal to develop, enhance, market, or support any product or service that competes with, could reasonably be expected to compete with or otherwise harm ELANY, the ELANY’s portal, or any ELANY product or service, whether directly or indirectly, or any Broker or Market.

5.6.  Relay of Communications. TPP shall promptly relay all communications, notices, and information received from ELANY to the applicable Broker or Market in a timely manner. TPP acknowledges and agrees that any delay on the part of TPP in relaying such communications shall not relieve the Broker or Market of any obligations under New York Insurance Law or any other applicable law, rule, or regulation.

5.7.  Broker Compliance. TPP acknowledges and agrees that the Broker remains responsible for compliance with all applicable laws, rules, and regulations, regardless of TPP's role in accessing ELANY’s portal and submitting filings on the Broker's behalf. TPP further acknowledges that the Broker's compliance with legal deadlines, filing requirements, and other obligations to ELANY or regulatory authorities remains the Broker's responsibility regardless of any delay, error, or omission by TPP. However, nothing in this Section or the Agreement shall limit the duties or liability of TPP to Broker or ELANY.

5.8.  Treatment of Information. ELANY will treat information submitted by TPP on behalf of a Broker as if such information had been submitted directly by the Broker.

5.9.  Data Protection Agreement.  TPP shall comply with the terms of the Data Protection Agreement posted on the Site, as updated from time to time, which is incorporated by reference into the Agreement.

5.10.  TPP Indemnification.  In addition to those indemnification terms included in Section 10 of the Agreement, TPP shall indemnify, defend, and hold harmless ELANY and its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, that arise out of or result from:

5.10.1.     Any claim arising from TPP's provision of TPP Services to a Broker;

5.10.2.     Any claim related to inaccurate, incomplete, or untimely information submitted by TPP to ELANY’s portal;

5.10.3.     Any claim related to TPP's failure to comply with applicable data privacy and security laws, rules, or regulations; or

5.10.4.     TPP's violation of any applicable law, rule, or regulation, or any breach of this Agreement.