Privacy Notice for Insureds
Introduction
Welcome to the Ark Syndicate Management Limited’s (“Ark”) privacy notice.
Ark respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.
This privacy notice is provided in a layered format so you can click through to the specific areas set out below.
1. Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how Ark collects and processes your personal data.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them. For details of how we deal with your personal data when your visit our website, please refer to our website use privacy notice.
Controller
Ark is the controller and responsible for your personal data (collectively referred to as “we”, “us” or “our” in this privacy notice).
We have appointed a data privacy manager who is responsible for overseeing 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 the data privacy manager using the details set out below.
Contact details
Our full details are:
Full name of legal entity: Ark Syndicate Management Limited
Email address: arkGDPR@arkunderwriting.com
Postal address: EC3M 5AD
Telephone number: 020 3023 4020
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
About the Insurance Market
Insurance involves the use and disclosure of your personal data by various insurance market participants such as intermediaries, insurers and reinsurers. The London Insurance Market Core Uses Information Notice sets out those core necessary personal data uses and disclosures. Our core uses and disclosures are consistent with the London Market Core Uses Information Notice. We recommend you review this notice by clicking here or by requesting a copy from us using the above contact details.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
| 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, and family details, including their relationship with Data Subjects |
| Identification details | Identification numbers issued by government bodies or agencies, including national insurance number, 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 we need to collect in order to assess the risk to be insured and provide a quote. This may include data relating to 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 quotes Data Subjects receive and policies Data Subjects 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 Data Subjects |
| Previous and current claims | Information about previous and current claims (including other unrelated insurances), which may include data relating to 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 |
3. How is your personal data collected?
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.
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
| For processing personal data and special categories of personal data Legal ground | 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 of you or another person | Processing is necessary in order to protect the vital interests of you or of another natural person, for example, a travel policy whereby you need assistance when ill on holiday and medical experts need to be instructed. |
| In the public interest | Processing is necessary for the performance of a task carried out in the public interest, for example, to offer competitive insurance products. |
| For our legitimate business interests | Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, for example, to evaluate our product offering or to transfer our business to another company We will not rely on this legal ground if your interests, fundamental rights and freedoms are more important than ours. |
| For processing special categories of personal data | Details |
| Insurance purposes ground | Processing is necessary for an insurance purpose, which includes advising, arranging, underwriting, administering, administering a claim under, exercising a right or complying with an obligation in connection with an insurance contract. |
| Explicit consent (optional) | You have given your explicit consent to the processing of those personal data for one or more specified purposes. You are free to withdraw your consent, by contacting our Data Protection Contact |
| Explicit consent (necessary) | 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 cover without this consent. You are free to withdraw your consent by contacting our Data Protection Contact. However, withdrawal of this consent will impact our ability to provide insurance or pay claims. |
| Protection of vital interests of you or another person, where you are unable to consent | Processing is necessary to protect the vital interests of you or 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 reason of substantial public interest, on the basis of EU or UK law. |
| For health services | Processing is necessary for the purposes of preventive or occupational medicine, for medical diagnosis, the provision of health or social care or treatment on the basis of EU or UK law or pursuant to contract with a health professional who is under legal or professional obligations of secrecy. |
Purposes for which we will use 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, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one legal ground depending on the specific purpose for which we are using your data. Please contact us using the above contact details 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.
| Purpose | Description |
| Quotation/Inception | – Setting up as a client, including possible fraud, sanctions, credit and anti-money laundering checks – Evaluating the risks to be covered and matching to appropriate policy/premium – Payment of premium where the insured/policyholder is an individual |
| Policy administration | – Client care, including communicating with client and sending updates – Payments to and from individuals |
| Claims Processing | – Managing insurance and reinsurance claims – Defending or prosecuting legal claims – Investigation or prosecuting fraud |
| Renewals | – Contacting the insured/policyholder to renew the insurance policy – Evaluating the risks to be covered and matching to appropriate policy/premium – Payment of premium where the insured/policyholder is an individual |
| Other purposes outside of the insurance lifecycle but necessary for the provision of insurance throughout the insurance lifecycle period | – Complying with legal or regulatory obligations – General risk modelling – Transferring books of business, company sales & reorganisations |
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 us using the above contact details.
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.
5. 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 in paragraph 4 above.
- 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.
- External Third Parties, such as service providers acting as processors who provide IT and system administration services or any other necessary third party.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance, auditing and accounting services.
- HM Revenue & Customs, regulators and other authorities.
- 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.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified business purposes and in accordance with our instructions.
6. 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 us.
7. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
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.
8. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes for which it was collected.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us using the above contact details.
9. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us using the above contact details.
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.