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Privacy Policy

Tristar Underwriting updated privacy policy - May 2018

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Tristar Underwriting Limited believe in protecting the personal information that you provide us with. The privacy and security of your personal data is very important to us and we want to assure you that your personal data will be properly managed and protected


This policy is designed to help you understand how we and other insurance market participants process your personal data through the Insurance Mechanism


Third Party Information Notice – The London Insurance Market Core Uses Information Notice
Insurance involves the use and disclosure of your personal data by various insurance market participants such as brokers, intermediaries, insurers and reinsurers. The London Insurance Market has produced a Core Uses Information Notice which sets out those core necessary personal data uses and disclosures throughout the insurance mechanism, and in particular sets out how other insurance market participants process your personal data


If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us


Tristar Underwriting Limited
Compass House
30-36 East Street
Bromley, Kent
BR1 1QU


enquiries@tristarunderwriting.com


Definitions


Beneficiary means an individual or a legal entity that an insurance policy states may receive payment under the insurance policy if an insured event occurs. A beneficiary does not have to be the Insured/Assured/Policyholder and there may be more than one beneficiary under an insurance policy


Claimant means either a beneficiary who is making a claim under an insurance policy or an individual or a legal entity who is making a claim against a beneficiary where that claim is covered by the insurance policy


Claims processing means the process of handling a claim that is made under an insurance policy


Data controller(s) means an entity which collects and holds personal data. It decides what personal data it collects about you and how that personal data is used. Any of the insurance market participants when using your personal data for the purposes set out in “Purposes, categories, legal grounds and recipients of our processing your personal data” of this Notice could be data controllers


Data protection contact means the person named by the relevant insurance market participant who you should contact if you have any queries or requests regarding your personal data or how we are using it. In many cases  this person will the Data Protection Officer of the relevant insurance market participant


GDPR means the EU General Data Protection Regulation and the new UK Data Protection Act, which replaces the UK Data Protection Act 1998 from 25th May 2018


Inception means the start date of an insurance policy


Information Commissioner’s Office (ICO) means the regulator (or National Competent Authority/Data Protection Authority) for data protection matters in the UK


Insurance means the pooling and transfer of risk in order to provide financial protection against a possible eventuality. There are many types of insurance


Insurance policy means a contract of insurance between the insurer and the Insured/Assured/Policyholder


Insurance market participant(s) or participant(s) means broker, intermediary, insurer or reinsurer


Insured/policyholder means the individual or legal entity in whose name the insurance policy is issued. A potential Insured/Assured/Policyholder may approach an intermediary or broker to purchase an insurance policy or they may approach an insurer directly


Insurer/underwriter means a legal entity who provide insurance cover to an Insured/Assured/Policyholder in return for premium. An insurer may also be a reinsurer
Intermediary/Broker means a legal entity who help Insured/Assured/Policyholders and insurers/underwriters arrange insurance coverage


Lloyd’s means the specialist insurance market place where insurance policies may be underwritten


Policy administration means the process of administering and managing an insurance policy following its inception


Personal data means any data from which you can be identified and which relates to you. It may include data about any claims you make. Personal data does not include any data where the identity of a natural person has been removed (anonymous data)


Processing of personal data means collecting, using, storing, disclosing or erasing your personal data


Premium means the amount of money which must be paid by the Insured/Assured/Policyholder to the insurer/underwriter for the insurance policy


Quotation means the process of providing a quotation to a potential Insured/Assured/Policyholder for an insurance policy


Reinsurance means insurance purchased by an insurer from a reinsurer


Reinsurer(s) means a legal entity who provide insurance cover to another insurer/underwriter or reinsurer


Renewal means the process of the insurer/underwriter under an insurance policy providing a quotation to the Insured/Assured/Policyholder for a new insurance policy to replace the existing one on its’ expiry


We, us, our means Tristar Underwriting Limited.


You or your means the individual whose personal data may be processed by an insurance market participant. You may be the Insured/Assured/Policyholder, beneficiary, claimant or other person involved in a claim or relevant to an insurance policy

 

Insurance Mechanism


The data we may collect about you (your personal data)
The types of personal data that are processed are defined below and have the same meaning when used throughout this notice:

 

Type of personal data

 

Details

Individual details

Your 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, individual family details (including their relationship to you

 

Identification details

Your national insurance number, passport number, tax identification number, driving license number

 

Financial information

Your bank account and/or payment card details, income and 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 quotation. This may include data relating to your health, criminal convictions and other special categories of personal data. For certain types of insurance, this could include telematics data

 

Policy information

Information about the quotations you receive and insurance policies you take out

 

Credit and anti-fraud data

Your credit history, credit score, sanctions and criminal offences and information received from various anti-fraud databases relating to you

 

Current / previous claims

Information about previous and current claims (including other unrelated insurance), your health, criminal convictions and 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 data or data concerning sex life or orientation

 

In order for us to obtain insurance quotations, administer insurance policies and/or deal with any claims or complaints, we need to collect and process personal data about you. Where we need to collect personal data by law or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the services we have provided or are trying to provide to you (for example, to obtain insurance for you)


We also collect, use and share aggregated data such as statistical or demographic data for our legitimate business interests. Aggregated data may be derived from your personal data but does not reveal your identity. However, any data which can identify you will be treated as personal data and used in accordance with this privacy notice

 

Where we might collect your personal data from

 

We might collect your personal data from various sources depending on your particular circumstances including;

  • You;
  • Your family members, employer, insurance intermediary or representative;
  • Other insurance market participants;
  • Credit reference agencies;
  • Anti-fraud databases, sanction lists, court judgments and other databases;
  • Government agencies such as DVLA and HMRC;
  • Open electoral register;
  • Data held in the public domain
  • In the event of a claim:
    • Third parties (including administrators and suppliers);
    • Claimant / defendant
    • Witnesses
    • Experts (including medical experts)
    • Loss Adjusters / loss assessors
    • Solicitors
    • Claims handlers

Legal grounds we rely on to process your personal data

 

Legal ground for processing personal data

 

Details

Performance of our contract with you

Processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract

 

Compliance with a legal obligation

Processing is necessary for compliance with a legal obligation to which we are subject

 

Protection of vital interests

Processing is necessary in order to protect the vital interests of you or another natural person

 

In the public interest

Processing is necessary for the performance of a task carried out in the public interest

 

For our legitimate business interests

Processing is necessary for the purpose of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data, in particular where you are a child. These legitimate interests are set out next to each purpose

 

Legal ground for processing special category personal data

 

Details

Your explicit consent

You have given your explicit consent to the processing of those personal data for one or more specified purposes, where we are unable to procure, provide or administer insurance without this consent
You are free to withdraw your consent by contacting our data protection contact. However withdrawal of your consent will impact our ability to provide insurance or pay claims

 

Protection of vital interests where you are unable to give consent

Processing is necessary to protect the vital interests of you or of another natural person where you are physically or legally incapable of giving consent

 

For legal claims

Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity

 

In the substantial public interest

Processing is necessary for reasons of substantial public interest, on the basis of EU or UK law

 

Purposes, categories, legal grounds and recipients of our processing your personal data

 

To view the purposes we might use your personal data for please contact us using the following email address: enquiries@tristarunderwriting.com


Identities of data controllers and data protection contacts


The Insurance Mechanism involves the sharing of your personal data between insurance market participants, some of which you will not have direct contact with. In addition, your personal data may not have been collected directly by an insurance market participant

 

You can find out the identity of the initial data controller of your personal data within the Insurance Mechanism in the following ways:

  • Where you took out the insurance policy yourself

The insurer/underwriter and, if purchased through an intermediary/broker, the intermediary/broker 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 insurance policy for your benefit

You should contact your employer or the organisation that took out the insurance policy. Your employer or other organisation should provide you with details of the insurer/underwriter or intermediary/broker that they provided your personal data to. You should then contact the insurer/underwriter 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 Assured/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

 

Consent to process your personal data


In order to provide insurance and deal with insurance claims, insurance market participants may need to process your special categories of personal data, such as medical and criminal conviction records, as set out above against the relevant purpose


Your consent to this processing may be necessary for the insurance market participants 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 deal with claims

 

Marketing


Marketing communications from us


We may use your individual details and policy information to evaluate the products and services which we think will be of interest and relevant to you


Unless you have told us not to, you may receive marketing communications from us if you have requested information from us or purchased services from us. Such marketing communications may include risk or insurance related information or details of products or services which we think, may be of interest to you


Third party marketing


We will not share your personal data with any third party for their own marketing purposes without your express permission


Opting out


You can ask us or third parties to stop sending you marketing communications at any time by contacting our data protection contact at enquiries@tristarunderwriting.com

 

Profiling and automatic decision making


When calculating an insurance premium, we and other 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 the premium charged reflects the risk presented


Profiling may also be used to assess information you provide to understand fraud patterns
Where special categories of personal data are relevant, such as medical history for life insurance or past motoring convictions for motor insurance, your special categories of personal data may also be used for profiling


We might make some decisions based on profiling and without staff intervention (known as automatic decision making). We will provide details of any automated decision making upon request including:

  • where we use such automated decision making
  • the logic involved
  • the consequences of the automated decision making
  • any facility for you to haver the logic explained to you and submit further information so the decision may be reconsidered

Retention of your personal data


We will keep your personal data including aggregated data for so long as is necessary and for our legitimate business interests (e.g. risk modelling and underwriting). In particular, for so long as there is any possibility that either you or we may wish to bring a legal claim under this insurance, or where we are required to retain your personal data due to legal or regulatory reasons

 

International transfers


We may need to transfer your personal data to insurance market participants or their affiliates or sub-contractors which are located outside of the European Economic Area (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 of the EEA, please contact the data protection contact of the relevant insurance market participant

 

Your rights and contact details for the ICO


If you have any questions in relation to our use of your personal data, you should first contact the data protection contact of the relevant insurance market participant. Under 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 including special categories of data;
  • provide you with a copy of the personal data including special category data that you have provided to us;
  • update any inaccuracies in the personal data including special category data we hold;
  • delete any personal data including special category 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 detection and prevention of crime and our interests e.g. the maintenance of legal privilege

 

Your right to complain to the 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 above, or if you think we have breached the GDPR then you have the right to complain to the ICO


Please see below contact details of the ICO:


England:


Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Telephone: 0303 123 1113 or 01625 545 745
Email: casework@ico.org.uk


Scotland:


Information Commissioners Office, 45 Melville Street, Edinburgh EH3 7HL
Telephone: 0131 244 9001
Email: scotland@ico.org.uk

 

Last updated:23rd May, 2018

 

 

 

 

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