LOCKTON COMPANIES’ INFORMATION NOTICE FOR INDIVIDUAL CLIENTS AND COMMERCIAL CLIENTS WITH PERSONS LOCATED IN THE EU

What is the purpose of this document?

Lockton Companies (“Lockton”) is committed to protecting the privacy and security of your personal data. 

Insurance is the pooling and sharing of risk in order to provide protection against a possible eventuality. In order to do this, information, including your personal data, needs to be shared among different insurance market participants. We and other insurance market participants are working together to provide transparency about the collection and processing of personal data in furtherance of providing our insurance brokerage and risk management services.

This notice describes how we, as an intermediary, collect and use personal data received directly from individual clients located in the EU as well as indirectly through our commercial clients on behalf of their employee insureds located in the EU in accordance with the Data Protection Laws.  While this notice is provided to both individual and commercial clients, it is directed toward and addresses the individual clients, employee insureds and other individuals whose personal data may be processed. 

As such, all references to “you” or “your” that follow refer to the individual whose personal data may be processed by us and other insurance market participants.

It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are aware of and understand how and why we are using such information and how your personal data is processed through the insurance lifecycle. This privacy notice supplements the other notices and is not intended to override them.

Controller

Lockton is a “data controller”. This means that we are responsible for deciding how we hold and use personal data about you. We are required under the General Data Protection Regulation (GDPR) to notify you of the information contained in this privacy notice.

Our Chief Privacy Officer

Our Chief Privacy Officer oversees compliance with and questions in relation to this privacy notice.  If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact our Chief Privacy Officer using the details set out below: 

Chief Privacy Officer
Lockton Companies
444 W. 47th Street, Suite 900 
Kansas City, MO 64112
Email: gdprcompliance@lockton.com

Changes to this Privacy Notice and Your Duty to Inform us of Changes

This notice may be updated from time to time.  This version is dated May 1, 2018, and previous versions can be obtained by contacting our Chief Privacy Officer.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Defined Terms

In this notice: 

we, us or our refers to one or more of the separate series of Lockton Companies providing insurance brokerage services to our individual insured clients located in the EU or our commercial clients whose employee insureds are located in the EU and its/their affiliates and subsidiaries.    You or your, refers to the individual whose personal data may be processed by us and other insurance market participants (you may be the insured, beneficiary, claimant or other person involved in a claim or relevant to a policy). 

There are other terms in bold with specific meanings. Those meanings can be found in Section 12: Glossary of Key Terms

Contents of this Privacy Notice

This notice sets out the following: 

1 – INTRODUCTION – HOW THE INSURANCE MARKET WORKS 

2 – THE DATA WE MAY COLLECT ABOUT YOU (YOUR PERSONAL DATA) 

3 – WHERE WE MIGHT COLLECT YOUR PERSONAL DATA FROM 

4 – IDENTITIES OF DATA CONTROLLERS AND DATA PROTECTION CONTACTS 

5 – THE PURPOSES, CATEGORIES, LEGAL GROUNDS AND RECIPIENTS, OF OUR PROCESSING OF YOUR PERSONAL DATA 

6 – CONSENT 

7 – PROFILING AND AUTOMATED DECISION MAKING 

8 – DATA SECURITY

9 – RETENTION OF YOUR PERSONAL DATA 

10 – INTERNATIONAL TRANSFERS 

11 – YOUR RIGHTS

12 – GLOSSARY OF KEY TERMS

 SECTION 1: INTRODUCTION – HOW THE INSURANCE MARKET WORKS 

INSURANCE LIFECYCLE:

Insurance Lifecycle graphic

FLOWS OF PERSONAL DATA THROUGH THE INSURANCE LIFECYCLE:

Flow of personal data through the insurance lifecycle graphic

 

SECTION 2: THE DATA WE MAY COLLECT ABOUT YOU (YOUR PERSONAL DATA) 

In order for us to obtain insurance quotes, place and administer 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:

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, and family details, including their relationship to you 

Identification details 

Identification numbers issued by government bodies or agencies, including your Social Security number or national insurance number, passport number, tax identification number and driver’s license 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 offenses, 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

Marketing and communications data

Your preference in receiving marketing from us and third parties and your communication preferences

Personal data does not include data where the identity has been removed (anonymous data).

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

If you fail to provide personal data

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 contract we have or are trying to enter into with you (for example, to provide you with insurance broking services). In this case, we may have to cancel a service you have with us, but we will notify you if this is the case at the time.


SECTION 3: WHERE WE MIGHT COLLECT YOUR PERSONAL DATA FROM 

We might collect your personal data from various sources, including: 

• you (e.g., by filling in forms or by corresponding with us by mail, phone, email or otherwise); 

• your family members, employer or representative; 

• other insurance market participants; 

• credit reference agencies; 

• anti-fraud databases, sanctions lists, court judgments and other databases; 

• government agencies; 

• publicly available sources; 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.

For example, we might collect your personal data where:

-    you have taken out an insurance policy through us (you are the policyholder), in which case we might collect your personal data from you, credit reference agencies, anti-fraud databases, or sanctions lists;

-    a third party (such as a family member or your employer) has taken out an insurance policy through us for your benefit (you are an insured or beneficiary), in which case we might collect your personal data from your family member or employer;

-    you are a claimant or other person involved in a claim or relevant to a policy (e.g., you are making a claim against an insurance policy you have taken out through us or that a third party has taken out through us for your benefit, or you are making a claim against a third party’s insurance policy that was taken out through us, or a third party is making a claim against an insurance policy you have taken out through us), in which case we might collect your personal data from you, other insurance market participants, witnesses, experts (including medical experts), loss adjustors, solicitors, and claims handlers etc. 
  

SECTION 4: IDENTITIES OF DATA CONTROLLERS AND DATA PROTECTION CONTACTS 

The insurance lifecycle 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. In particular, your personal data may not have been collected directly from you by us. You can find out the identity of the initial data controller of your personal data within the insurance market lifecycle 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. 

If you purchased the insurance policy yourself through us, an intermediary, we will be the initial data controller and our Chief Privacy Officer can advise you on the identities of other insurance market participants that we have passed your personal data to.

- Where your employer or another organization took out the policy for your benefit: you should contact your employer or the organization 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. 

If your employer or another organization took out the policy for your benefit through us, our Chief Privacy Officer can advise you on the identities of other insurance market participants that we have passed your personal data to.

-Where you are not a policyholder or an insured: you should contact the organization that collected your personal data who should provide you with details of the relevant participant’s data protection contact.

SECTION 5: THE PURPOSES, CATEGORIES, LEGAL GROUNDS AND RECIPIENTS, OF OUR PROCESSING OF YOUR PERSONAL DATA 

We set out below the purposes for which we might use your personal data:

Please note that in addition to the disclosures we have identified against each purpose, we may also disclose personal data for those purposes to our service providers, contractors, agents and group companies that perform activities on our behalf.

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Marketing communications from us

We may use your personal data and policy information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products and services may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased services from us and, in each case, you have not opted out of receiving that marketing. Such marketing communications may include risk or insurance related information or details of services, or products, or events, which we think, may be of interest to you.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside the Lockton group of companies for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting our Chief Privacy Officer at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact our Chief Privacy Officer.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

LEGAL GROUNDS FOR PROCESSING

We will only use your personal data when the law allows us to. In particular, we will rely on the following legal grounds to use your personal data:

DISCLOSURES OF YOUR PERSONAL DATA

 We may have to share your personal data with the parties set out below for the purposes set out in the table above.

  • Internal third parties: other companies in the Lockton group of companies who provide IT   and system administration services and undertake leadership reporting
  • External third parties:  
  • Service providers who provide IT and system administration services;
  • Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services;
  • Credit reference agencies;
  • Anti-fraud and sanctions database providers;
  • Other insurance market participants (e.g., intermediariesinsurers and reinsurers);
  • Banks;
  • Claims handlers;
  • Solicitors;
  • Loss adjustors;
  • Experts;
  • Third parties involved in claims/investigations/prosecutions;
  • Private investigators;
  • Police;
  • Courts;
  • Regulators; and
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

THE PURPOSES, CATEGORIES, LEGAL GROUNDS AND RECIPIENTS, OF OUR PROCESSING OF YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, including the categories of personal data and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate, and the third parties with whom we need to share your personal data.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your personal data. Please contact our Chief Privacy Officer if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

SECTION 6: CONSENT

In order to arrange and provide insurance cover and deal with insurance claims in certain circumstances we and other insurance market participants 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 us and the other 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, and the other insurance market participants’, ability to place, administer and provide insurance or pay claims.
 

SECTION 7: PROFILING AND AUTOMATED DECISION MAKING

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 forwards. This is known as profiling and is used to ensure premiums reflect risk.

Profiling may also be used by insurance market participants 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 driving convictions for auto insurance, your special categories of personal data may also be used for profiling. Insurance market participants might make some decisions based on profiling and without staff intervention (known as automatic decision making). Insurance market participants will provide details of any automated decision making they undertake without staff intervention in their information notices and upon request including:

•      where they use such automated decision making;

•      the logic involved;

•      the consequences of the automated decision making;  

•      any facility for you to have the logic explained to you and to submit further information so the decision may be reconsidered.
 

SECTION 8: DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
 

SECTION 9: 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 or in relation to your insurance, or where we are required to keep your personal data due to legal or regulatory reasons.

In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
 

SECTION 10: INTERNATIONAL TRANSFERS

We may need to transfer your 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 the EEA, please contact our Chief Privacy Officer.
 

SECTION 11: YOUR RIGHTS

If you have any questions about this privacy notice or in relation to our use of your personal datayou should first contact our Chief Privacy Officer. 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/special category 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 personal 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).

If you wish to exercise any of the rights set out above, please contact our Chief Privacy Officer.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Your Right to Complain to a Supervisory 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 11: Your Rights, or if you think that we have breached the GDPR, then you have the right to lodge a complaint with a member state supervisory authority for data protection issues.  You may find your data protection authority by consulting the European Commission’s online directory.

We would, however, appreciate the chance to deal with your concerns before you approach a supervisory authority, so please contact us in the first instance.
 

SECTION 12: GLOSSARY OF KEY TERMS

Key insurance terms:

Beneficiary is an individual or a company that an insurance policy states may receive a payment under the insurance policy if an insured event occurs. A beneficiary does not have to be the insured/policyholder and there may be more than one beneficiary under an insurance policy.

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

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

Quotation is the process of providing a quote to a potential insured/policyholder for an insurance policy. 

Inception is when the insurance policy starts. 

Insurance is the pooling and transfer of risk in order to provide financial protection against a possible eventuality. There are many types of insurance. The expression insurance may also mean reinsurance

Insurance policy is a contract of insurance between the insurer and the insured/policyholder. 

Insurance market participant(s) or participants: is an intermediary, insurer or reinsurer. 

Insured/policyholder is the individual or company in whose name the insurance policy is issued. A potential insured/policyholder may approach an intermediary to purchase an insurance policy or they may approach an insurer directly or via a price comparison website. 

Insurers (sometimes also called underwriters) provide insurance cover to insured/policyholders in return for premium. An insurer may also be a reinsurer

Intermediaries help policyholders and insurers arrange insurance cover. They may offer advice and handle claims. Many insurance and reinsurance policies are obtained through intermediaries

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

Premium is the amount of money to be paid by the insured/policyholder to the insurer in the insurance policy. 

Reinsurers provide insurance cover to another insurer or reinsurer. That insurance is known as reinsurance. 

Renewal is the process of the insurer under an insurance policy providing a quotation to the insured/policyholder for a new insurance policy to replace the existing one on its expiration. 

We, us or our refers to one or more of the separate series of Lockton Companies providing insurance brokerage services to individual clients located in the EU or to commercial clients with employee insureds located in the EU and its/their affiliates and subsidiaries.

You or your refers to the individual whose personal data may be processed by us and other insurance market participants, whether delivered directly to us by you or on your behalf by a commercial client of oursYou may be the insured, beneficiaryclaimant or other person involved in a claim or relevant to an insurance policy.

 Key data protection terms:

Data Protection Laws means all laws and regulations relating to the processing of personal data, including the GDPR, as the same may be in force from time to time.

GDPR is the EU General Data Protection Regulation and the new UK Data Protection Act, which replaces the UK Data Protection Act 1998 as of May 25, 2018.

Data Controller is an entity which collects and holds personal data. It decides what personal data it collects about you and how that personal data is used.

Personal Data is any data from you which can be identified and which relates to you. It may include data about any claims you make.

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