DATA PRIVACY NOTICE
Your privacy is very important to us. This privacy notice (“Privacy Notice”) is provided by Berkshire Hathaway European Insurance DAC (“BHEI”) in accordance with the data protection law including the Regulation (EU) 2016/679 (“GDPR”). References to “we”, “our” and “us” in this Privacy Notice are references to BHEI.
References to “you” or “your” refers to the individual whose personal data is being processed by BHEI (you may be the insured, beneficiary, claimant or other person involved in a claim or relevant to the insurance policy).
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DATA CONTROLLER
A data controller is the natural or legal person, public authority, agency or other body which determines the purposes and means of the processing of personal data. Berkshire Hathaway European Insurance DAC, with registered office in 1 Grant’s Row, D02 HX96 Dublin, Ireland is the Data Controller as defined by the GDPR.
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WHAT IS THE PURPOSE OF THIS PRIVACY NOTICE
In order to provide certain insurance products and services, BHEI may collect information about you which constitutes personal data under the GDPR. This Privacy Notice explains how we collect, use, share and protect your personal data. Please read this Privacy Notice carefully to understand what we do with your personal data.
We may change this Privacy Notice from time to time and if we make any material changes then we will make the updated Privacy Notice available on https://bhspecialty.com/privacy-policy/ at and also by other means.
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PERSONAL DATA WE MAY COLLECT ABOUT YOU
In order for us to provide insurance quotes, insurance policies, and/or deal with any claims or complaints, we need to collect and process personal data about you. The types of personal data that are processed may include:
| Types of Personal Data | Details |
|---|---|
| Individual details: | Name, address (including proof of address), other contact details (e.g. email and telephone numbers), gender, marital status, date and place of birth, nationality, employer, job title and employment history, academic and professional information, family details, including their relationship to you. |
| Identification details: | Identification numbers issued by government bodies or agencies, including your national insurance number or, passport number, tax identification number and driving licence number |
| Financial information: | Bank account or payment card details, income or other financial information |
| Risk details: | Information about you which we need to collect in order to assess the risk to be insured and provide a quote. This may include data relating to your health, criminal convictions, or other special categories of personal data. For certain types of policy, this could also include telematics data. |
| Policy information: | Information about the quotes you receive and policies you take out |
| Credit and Anti-Fraud Data: | Credit history, credit score, sanctions and criminal offences, and information received from various anti-fraud databases relating to you |
| Previous and current claims: | Information about previous and current claims, (including other unrelated insurances), which may include data relating to your health, criminal convictions, or other special categories of personal data and in some cases, surveillance reports |
| Special categories of personal data: | Certain categories of personal data which have additional protection under the GDPR. The categories are health, criminal convictions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric, or data concerning sex life or sexual orientation |
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WHERE WE MIGHT COLLECT YOUR PERSONAL DATA FROM
We might collect your personal data from various sources, including:
- you;
- your family members, employer or representative;
- other insurance market partners;
- credit reference agencies;
- anti-fraud databases, sanctions lists, court judgements and other databases;
- government agencies;
- open electoral register; or
- in the event of a claim, third parties including the other party to the claim (claimant / defendant), witnesses, experts (including medical experts), loss adjustors, solicitors, and claims handlers
Which of the above sources apply will depend on your particular circumstances.
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THE PURPOSES, CATEGORIES AND LEGAL GROUNDS FOR OUR PROCESSING OF YOUR PERSONAL DATA.
Data protection law says that we are only allowed to use personal data if we have a proper reason for doing so. This includes when we share it outside BHEI. Data protection law says we must have one or more of the following reasons:
- To fulfil a contract we have with you
- When it is our legal duty
- When it is in our legitimate interest
- When you consent to it
When we have a commercial or other business interest reason of our own to use your personal information this is called a “legitimate interest”. We will tell you what that is if we rely on it as a means to process your data.
We will not collect and use special categories of personal data information without your consent unless the law allows us to do so. If we do it will only be for the following reasons:
- When it is necessary for reasons of substantial public interest, or
- To establish, exercise or defend legal claims
We set out below the purposes and legal basis for which we may process your personal data during the lifecycle of providing insurance products and services to you.
| Purpose | Categories of Data | Our Reasons |
|---|---|---|
| Quotation /Policy Inception | ||
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| Policy Administration | ||
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| Claims Processing | ||
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| Renewals | ||
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| Throughout the insurance lifecycle | ||
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WHO WE MAY SHARE YOUR PERSONAL DATA WITH
In order to undertake the activities listed above it may be necessary to share your data with third parties. Who we share this data with may depend on the insurance products and services we provide to you but may include:
- Other insurers that co-insure your policy
- Reinsurance intermediaries
- Reinsurance Companies
- Loss adjusters, solicitors and claims management companies
- Anti-Fraud agencies and private investigators
- Government departments and databases
- Outsourced service providers
- Regulators
- Our Berkshire Hathaway entities and affiliate entities
- Other persons providing auxiliary services on behalf of BHEI
We may also share your personal data with certain BHEI affiliates within the Berkshire Hathaway Group who are located in the United States who provide administration and consulting services to BHEI in relation to the insurance products and services we provide to you. Any such transfers are made under agreements using European Union approved model data transfer clauses which obligate the recipient to protect your personal data.
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PROFILING
When calculating insurance premiums insurance market participants may compare your personal data against industry averages. Your personal data may also be used to create the industry averages going forward. This is known as profiling and is used to ensure premiums reflect risk.
Profiling may also be used by us to assess information you provide to understand fraud patterns. Where special categories of personal data are relevant, your special categories of personal data may also be used for profiling.
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RETENTION OF YOUR PERSONAL DATA
We will keep your personal data only for so long as is necessary and for the purpose for which it was originally collected. In particular, for so long as there is any possibility that either you or we may wish to bring a legal claim under the insurance policy or where we are required to keep your personal data due to legal or regulatory reasons.
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INTERNATIONAL TRANSFERS
We may need to transfer your data to insurance market participants or their affiliates or sub-contractors and BHEI group affiliates which are located outside of the European Economic Area (EEA) where data privacy laws may not be the same as they are in the EEA. Those transfers would always be made in compliance with the GDPR.
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YOUR RIGHTS
As set forth by the applicable data protection legislation, you may have the right to require us to:
- provide you with further details on the use we make of your personal data/special categories of data;
- provide you with a copy of the personal data that you have provided to us;
- update any inaccuracies in the personal data we hold;
- delete any special category of data/personal data that we no longer have a lawful ground to use;
- where processing is based on consent, to withdraw your consent so that we stop that particular processing;
- object to any processing based on the legitimate interests ground unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights;
- restrict how we use your personal data whilst a complaint is being investigated;
- Obtain your personal data in an electronic format for own use or for a new insurer; and
- File a complaint with us and/or the relevant data protection authority, where legal conditions are met.
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OUR CONTACT DETAILS
If you have any questions in relation to our use of your personal data, you should first contact the Data Protection Officer at BHEI by post or email using the following details:
Data Protection Officer
1 Grant’s Row,
D02 HX96 Dublin, Ireland
E-Mail: DPOIreland@bhspecialty.com
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YOUR RIGHT TO COMPLAIN TO THE DATA PROTECTION AUTHORITY
If you are not satisfied with our use of your personal data or our response to any request by you to exercise any of your rights in Section 10 or if you think that we have breached the GDPR, then you have the right to complain to the Data Protection Commission (“DPC”). Please see below for contact details of the DPC.
Data Protection Commission
21 Fitzwilliam Square South
Dublin 2
D02 RD28, Ireland
Website: https://www.dataprotection.ie/
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OTHER INFORMATION
You can find out more information about how the insurance industry uses personal data at the following web address:
https://lmg.london/wp-content/uploads/2019/07/LMA-Insurance-Market-Information-Uses-Notice-post-enactment-31-05-2018.pdf
June 2020