2. ASSESSING PRIVACY RISK
We have identified the Personal Data types that we process and the methods by which we process such Personal Data. We have assessed the inherent risk associated with each particular data type and process, and have in place practices and controls to minimise the risks of loss or damage through accident, negligence or deliberate actions. As well as reviewing this internally we also consider the processing activities of those third parties with whom we share data in order to meet our obligations to customers, staff, insurers, and those individuals that we deal with in our day-to-day activities.
3. HOW WE WILL COLLECT INFORMATION ABOUT YOU
4. HOW WE WILL USE YOUR INFORMATION FOR THE PROVISION OF OUR BROKING SERVICES
The Data Controllers shall ensure that all Personal Data processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage. Your Personal Data will be used to enable us to fulfil our contractual obligations in relation to your insurance cover and the provision of any ancillary risk management services. Our processing of your Personal Data will include: • assessing your circumstances and insurance needs; • presenting such details to insurers for the purpose of obtaining quotations and placing cover; • arranging premium finance arrangements; • processing claims; • undertaking checks to guard against fraud, money laundering, bribery and other illegal activities; • handling complaints; and • analysing data, identifying trends, and developing and improving our services to you, including passing your name and e-mail address to Feefo Holdings Limited for the purpose of inviting you to submit a review in respect of our service To ensure that our processing of your data is lawful, such processing will only be undertaken if: • it is necessary for the performance of a contract to which you are, or will be, a party; or • you have given your consent; or • you confirm that any personal information you give to us about another person is given with their informed consent • processing is necessary for compliance with a legal obligation to which we are subject; or • processing is necessary to protect your vital interests; or • to perform a task carried out in the public interest or in the exercise of official authority vested in us; or • processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your fundamental rights and freedoms which require protection of Personal Data, in particular where the Data Subject is a child. We will process special category and criminal conviction data we collect about you for the performance of our contract with you, which is deemed to be necessary for reasons of substantial public interest. This allows us to quote for and provide you with insurance products and services, to process claims and renewals and to administer your policy. Where Personal Data about you is obtained from publicly available sources, we will only use such data fairly, meaning for legitimate purposes as would be anticipated of (and reasonably expected as) the activities of an insurance broker, or employee benefits consultant as appropriate, and not further processed in a manner that is incompatible with those purposes.
5. SHARING YOUR DATA
Aston Lark seeks to offer clients a wide range of insurance broking and employee benefit consulting services. The Data Controllers will therefore share Personal Data with each other in order to inform you of other similar contracts and services provided by our other group companies that we believe you may benefit from. We only share limited Personal Data to enable this, typically name, contact details and type of insurance / investment / pension contracts you have effected and its associated renewal date. We will not share special categories of Personal Data (as defined in the Regulation), criminal convictions data or children’s data between Aston Lark group companies. As a Data Controller, each entity is responsible for safeguarding your Personal Data. Where we have a specific Non-Disclosure Agreement in place with you, your data will only be shared with your explicit prior consent in accordance with its terms. We may share your information with third parties only to the extent necessary to provide our services to you. These third parties may include: • Your agent, adviser or employer; • Support companies for the delivery of the products and services we offer to you including but not limited to: insurers; other insurance brokers, loss adjusters and loss assessors; risk managers, administrators, incident management firms; professional advisors; premium finance companies; IT providers, internet service providers and mailing/fulfilment houses; • Feefo to enable us to receive feedback on the services we have provided (their privacy notice can be found at: https://www.feefo.com/business/gb_en/privacy-policy; • Our regulators and supervisory authority e.g. the Financial Conduct Authority (FCA) and the Information Commissioner’s Office for the UK (the ICO); • Law enforcement, credit and identity check agencies for the prevention and detection of crime; • HM Revenue & Customs (HMRC) e.g. for the processing of tax relief on pension payments or the prevention of tax avoidance. We do not sell, rent or trade our mailing lists, phone numbers or email addresses.
Aston Lark may contact you about relevant products and services offered by Aston Lark which may be of interest to you as part of your insurance and risk management strategy and also to provide news or information related to our business and the wider insurance market that we believe may be of interest to you in accordance with our legitimate interests.
Former or prospective customers
You may have provided Personal Data to us (including Personal Data provided for a quotation not taken up) or we may have obtained details about you from publicly available Personal Data. Furthermore, you may have effected a contract with us but you subsequently cease to have a relationship with us (for example by having no active policies with us). In these circumstances we will retain this data for a period not exceeding 3 years from the date of our last contact or engagement, and will use this data in order to contact you with regard to your insurances and to provide news or information related to our business and the wider insurance market that we believe may be of interest to you in accordance with our legitimate interests.
7. OPTING OUT OF MARKETING
We want to make it easy for you to make your own choices as to what information you receive from us and how we contact you. Therefore, whether you are an existing, former or prospective client we will always remind you of your right to opt out of future marketing related communications each time we send such correspondence to you. You can elect not to receive any marketing related communications from us at all, or request that you only receive certain types of communication. PLEASE REFER TO SECTION 13 BELOW FOR DETAILS OF THE DIFFERENT WAYS YOU CAN CONTACT US.
8. MOTOR INSURANCE DATABASE
Where we have contracted with you for this service, we have outsourced this service to Motor Data Solutions (MDS) who may add Information relating to your motor insurance policies to the Government’s Motor Insurance Database (MID) managed by the Motor Insurers’ Bureau (MIB). MID and the data stored on it may be used by Insurers, the Police, DVLA/DVANI, the Insurance Fraud Bureau or other bodies permitted by law for purposes including, but not limited to: • Electronic Vehicle Licensing; • Continuous Insurance Enforcement; • Law enforcement (prevention, detection, apprehension and or prosecution of offenders); • Obtaining information if you are involved in a road traffic accident (either in the UK, the EEA or certain other territories). Persons (including his or her appointed representatives) pursuing a claim in respect of a road traffic accident (including citizens of other countries) may also obtain relevant information which is held on the MID.
9. DISCLOSURE OF YOUR PERSONAL INFORMATION
Where we use third parties to undertake functions on our behalf, as per examples provided in Section 5, above, we will only share relevant information with such third parties as is strictly necessary to enable them to perform those functions. Information may also be supplied to our external auditors and professional regulatory bodies if required by them and to other parties if required or permitted by law. It is our policy to retain documents and information about you, including insurances placed on your behalf, in electronic or paper format for a minimum of seven years or such longer period as appropriate having regard to when a claim or complaint may arise in connection with our processing of your information. The legal basis for this processing is that it is necessary to meet contractual, legal or regulatory obligations. After seven years, these may be destroyed or erased without notice to you. You should therefore retain all documentation issued to you.
10. YOUR RIGHTS
You have the right to: • Know how we process your Personal Data; • access the data we hold about you, which will be provided to you within one month of your request, and is free of charge unless we reasonably believe that your request is manifestly unfounded or excessive; • have incomplete or inaccurate data rectified without undue delay; • the deletion or removal of Personal Data where there is no compelling reason for us to continue to process it (where you object to Aston Lark processing your Personal Data based on our legitimate interests, we shall cease such processing forthwith unless we have another lawful basis for such processing that overrides your interests, rights and freedoms; or the processing is necessary for the conduct of legal claims); • restrict our processing of your Personal Data (although we will still be permitted to store it where we have a legitimate interest in doing so, for example to address future disputes, in which case access to such Personal Data will be restricted as appropriate); • data portability (we will provide your data in a format that allows you to move, copy or transfer Personal Data easily from one IT environment to another in a safe and secure way, without hindrance to usability); • object to our processing your data (this can be in relation to only certain types of processing if you wish, so that other types of processing necessary for the performance of our contractual obligations can continue) where we do so in connection with our legitimate interests, or in relation to our profiling your data or using it for marketing purposes. If you would like to exercise any of your rights above you may do so by contacting us – PLEASE SEE SECTION 13 BELOW FOR CONTACT DETAILS.
11. TRANSFERRING PERSONAL DATA TO A COUNTRY OUTSIDE THE EEA
The Data Controllers may from time to time transfer (‘transfer’ includes making available remotely) Personal Data to countries outside of the EEA where this is necessary for us to provide our services to you. This will take place only if one or more of the following applies: 1. The transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for Personal Data; 2. The transfer is to a country (or international organisation) which provides appropriate safeguards; 3. The transfer is made with the informed consent of the relevant Data Subject(s); 4. The transfer is necessary for the performance of a contract between the Data Subject and the Company (or for pre-contractual steps taken at the request of the Data Subject); 5. The transfer is necessary for important public interest reasons; 6. The transfer is necessary for the conduct of legal claims; 7. The transfer is necessary to protect the vital interests of the Data Subject or other individuals where the Data Subject is physically or legally unable to give their consent; or 8. The transfer is made from a register that, under UK or EU law, is intended to provide information to the public and which is open for access by the public in general or otherwise to those who are able to show a legitimate interest in accessing the register.
12. HOW TO MAKE A COMPLAINT
We will always strive to collect, use and safeguard your personal information in line with data protection laws. If you believe we have not handled your information as set out in this Privacy Notice, or that we have processed your personal information in a manner that is not consistent with your rights, please contact us and we will do our utmost to make things right. PLEASE REFER TO SECTION 13 BELOW FOR CONTACT DETAILS
If you are still unhappy, you can complain to the Information Commissioner’s Office. Their contact details are: Information Commissioner’s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Tel: 0303 123 1113 (local rate) or 01625 545 745 Website: www.ico.org.uk
13. HOW TO CONTACT US
If you need to contact us relating to any matter associated with this Privacy Notice, our contact details are listed below: Phone: Aston Lark Compliance Team, telephone number 01732 389 915 Email: firstname.lastname@example.org Post: Data Protection Compliance Officer – Aston Lark Limited, Ibex House, 42-47 Minories, London, EC3N 1DY Alternatively, if you are an existing client of Aston Lark, please feel free to contact your usual advisor directly.