DATA PRIVACY NOTICE
WHO WE ARE
Your privacy is very important to us. This privacy notice (“Privacy Notice”) is provided by Berkshire Hathaway International Insurance Limited (“BHIIL”). References to “we”, “our” and “us” in this Privacy Notice are references to BHIIL. References to “you” or “your” refers to the individual whose personal data is being processed by BHIIL (you may be the insured, beneficiary, claimant or other person involved in a claim or relevant to the insurance policy).
We are a controller of your personal data under applicable data protection laws including from May 25th 2018 the General Data Protection Regulation (“GDPR”). We, as a controller determine why and how we collect and process your personal data.
WHAT IS THE PURPOSE OF THIS PRIVACY NOTICE
In order to provide certain insurance products and services, BHIIL 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 our website at www.bhiil.com 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 participants;
- credit reference agencies;
- anti-fraud databases, sanctions lists, court judgements and other databases;
- government agencies such as the DVLA and HMRC;
- 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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WHO HAS ACCESS TO YOUR PERSONAL DATA?
The insurance life-cycle may involve the sharing of your personal information between insurance market participants (an intermediary, insurer, reinsurer), some of which you will not have direct contact with. In addition, your personal data may not have been collected directly by us.
You can find out the identity of the initial data controller of your personal data within the insurance market life-cycle in the following ways:
- Where you took out the insurance policy yourself: the insurer and, if purchased through an intermediary, the intermediary will be the initial data controller and their data protection contact can advise you on the identities of other insurance market participants that they have passed your personal data to.
- Where your employer or another organisation took out the policy for your benefit: you should contact your employer or the organisation that took out the policy who should provide you with details of the insurer or intermediary that they provided your personal data to and you should contact their data protection contact who can advise you on the identities of other insurance market participants that they have passed your personal data to
- Where you are not a policyholder or an insured: you should contact the organisation that collected your personal data who should provide you with details of the relevant insurance market participant’s data protection contact.
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
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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 information if we have a proper reason for doing so. This includes when we share it outside BHIIL. 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 European subsidiary Berkshire Hathaway European Insurance DAC for policy renewal and claim administration purposes.
- Our Group affiliate service companies Resolute Management Limited and Resolute Management Services Limited.
We may also share your personal data with certain BHIIL affiliates within the Berkshire Hathaway Group who are located in the United States who provide administration and consulting services to BHIIL 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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CONSENT
In order to provide insurance cover and deal with insurance claims in certain circumstances we may need to process your special categories of personal data, such as medical and criminal convictions records, as set out against the relevant purpose.
Your consent to this processing may be necessary for BHIIL to achieve this.
You may withdraw your consent to such processing at any time. However, if you withdraw your consent this will impact our ability to provide insurance or pay claims.
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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, such as past motoring convictions for motor insurance, 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 BHIIL 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.
If you would like further details of how your personal data would be protected if transferred outside the EEA, please contact the BHIIL Data Protection Officer
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YOUR RIGHTS
If you have any questions in relation to our use of your personal data, you should first contact the Data Protection Officer at BHIIL by post or email using the following details:
Data Protection Officer
Berkshire Hathaway International Insurance Limited
4th Floor, 8 Fenchurch Place
London EC3M 4AJ
Email: DPO@Bhiil.comUnder certain conditions, 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; and
- restrict how we use your personal data whilst a complaint is being investigated.
In certain circumstances, we may need to restrict the above rights in order to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege).
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YOUR RIGHT TO COMPLAIN TO THE INFORMATION COMMISSIONERS OFFICE (“ICO”)
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 ICO. Please see below for contact details of the ICO.
| England | |
|---|---|
| Information Commissioners Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF |
Tel: 0303 123 1113 (local rate) or Tel: 01625 545 745 (national rate) Email: casework@ico.org.uk |
| Scotland | |
|---|---|
| Information Commissioner’s Office 45 Melville Street Edinburgh EH3 7HL |
Tel: 0131 244 9001 Email: Scotland@ico.org.uk |
| Wales | |
|---|---|
| Information Commissioner’s Office 2nd floor Churchill House Churchill way Cardiff CF10 2HH |
Tel: 029 2067 8400 Email: wales@ico.org.uk |
| Northern Ireland | |
|---|---|
| Information Commissioner’s Office 3rd Floor, 14 Cromac Place Belfast BT7 2JB |
Tel: 0303 123 1114 (Local rate) Tel: 028 9027 8757 (national rate) Email: ni@ico.org.uk |
December 2019