For the Islands and Beyond

Privacy & Your Personal Information

1. What is the purpose of this document?

  1. This privacy notice describes how Hepburns Insurance Limited (Hepburns) collects and uses personal information about you in accordance with the applicable data protection legislation.
  2. Hepburns recognises the importance of this data and the risks related to its possession of such data. Hepburns is committed to protecting the privacy and security of your personal information.
  3. Hepburns is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. To comply with data protection legislation and best practice we are required to notify you of the information contained in this privacy notice.
  4. This notice sets out your rights under applicable data protection laws as well as our commitment to you regarding how we treat your data. We may update this notice at any time.
  5. 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 information about you, so that you are aware of how and why we are using such information.

2. Contact details

Our contact details are :-

(Jersey): John Rich John.Rich@hepburnsinsurance.com.

(Guernsey) : Neil Carre neil.carre@hepburnsinsurance.com

3. Data protection principles

We will comply with applicable data protection law. This means that the personal information we hold about you must be:

  1. Used lawfully, fairly and in a transparent way.
  2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
  3. Relevant to the purposes we have told you about and limited only to those purposes.
  4. Accurate and kept up to date.
  5. Kept only as long as necessary for the purposes we have told you about.
  6. Kept securely.

4.The kind of information we hold about you

  1. 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).
  2. There are “special categories” of more sensitive personal data which require a higher level of protection (as detailed in paragraph 10).
  3. We may collect, store, and use the following categories of personal information about you:
    1. personal contact details such as name, title, addresses, telephone numbers, and personal email addresses;
    2. information in relation to date of birth, gender, marital status and dependants;
    3. information to meet legal and regulatory requirements including ‘know your client’ due diligence information on individuals such as copies of identification documentation to meeting anti-money laundering, counter-terrorist financing legislation and information in relation to the source of individuals wealth and the source of funds;
    4. bank account and transactional details, payment or other financial information provided to us;
    5. information regarding your personal circumstances such as business interests, properties, assets and businesses that you own, have owned or operate or are associated with and any debts or financial obligations you have, your employment status, history and salary and other information about you which we require to provide you with particular aspects of our services;
    6. next of kin and emergency contact details;
    7. in certain cases, most likely where Hepburns provides services in connection with life, income protection, health, car, home, key person insurance or less frequently professional indemnity insurance, we may collect information in relation to the health of individuals and certain personal data in relation to children for example where the children may be provided insurance cover under relevant policies and information in relation to criminal records.
  4. We draw your attention to the fact that certain of the information described above may involve “special categories” of more sensitive personal information. For example:
    1. we may collect information about your family and personal life and your health where this is relevant to the provision of services;
    2. we may exceptionally collect, process and store information in relation to the health of a child. This is most likely to occur where the services include provision of insurance which will contribute towards healthcare expenses of a child or where the health of a child is a relevant consideration;
    3. information required for ‘know your client’ purposes will typically require us to undertake checks of publicly available sources and relevant information databases which may result in us collecting information about allegations or convictions for criminal offences.
  5. Our website may automatically collect certain technical information (including anonymous data collected by the hosting server for statistical purposes, the internet protocal (IP) address used to connect to the internet, the browser type and version, time zone setting, browser plug-in types and version, operating system and platform) for any individual accessing our website.

5. How is your personal information collected?

  1. We use different methods to collect data from and about you. You may provide us information through completing our client take-on forms, in response to requests from us for information or through your dealings with us. We may also receive personal data from a client or their advisers regarding such client’s directors/controllers or beneficial owners. We may also collect person data from third party service providers and public sources.

6. How we will use information about you

  1. We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
    1. where we need to perform the contract we have entered into with you.
    2. where we need to comply with a legal obligation.
    3. where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  2. We may also use your personal information in the following situations, which are likely to be rare:
    1. where we need to protect your interests (or someone else’s interests).
    2. where it is needed in the public interest.

7. Situations in which we will use your personal information

  1. We need all the categories of information in the list above (see paragraph 4) primarily to allow us to perform our contract with you and to enable us to comply with legal obligations. In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests.
  2. Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
  3. The situations in which we will process your personal information are listed in Schedule 1, together with the purpose or purposes for which we are processing or will process your personal information.

8. If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you, or we may be prevented from complying with our legal obligations.

9. Change of purpose

  1. We will only use your personal information 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 we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
  2. Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

10. How we use sensitive personal information

  1. “Special categories” of sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We may process special categories of personal information in the following circumstances:
    1. in limited circumstances, with your explicit written consent.
    2. where we need to carry out our legal obligations.
  2. Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public. We may also process such information about you in the course of legitimate business activities with the appropriate safeguards.

11. Do we need your consent?

  1. We do not need your consent if we use your personal information in order to carry out our legal obligations or exercise specific rights under the law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of any contract with us that you agree to any request for consent from us.

12. Automated decision-making

  1. Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
    1. where we have notified you of the decision and given you 21 days to request a reconsideration.
    2. where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights.
    3. in limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
  2. If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.
  3. You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.
  4. We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.

13. Data sharing

  1. We may have to share your data with third parties, including third-party service providers.
  2. We require third parties to respect the security of your data and to treat it in accordance with the law.
  3. We may transfer your personal information outside the EU. If we do, you can expect an equivalent degree of protection in respect of your personal information.

14. Why might you share my personal information with third parties?

  1. We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so. This may involve us sharing your information with:
    1. Third party service providers who help us work with you and operate our business;
    2. Taxation, revenue and customs agencies, regulators and other authorities;
    3. Financial services compensation schemes;
    4. Credit reference agencies;
    5. Fraud prevention agencies;
    6. Entities working with you or your business’ product or service;
    7. Organisations that introduce you to us;
    8. Companies that we introduce you to;
    9. Market researchers;
    10. Companies you ask us to share your data with such as insurers; and
    11. Banks, credit card companies and direct debit operators.
  2. If the make-up of Hepburns changes or such changes are proposed we may share your data with third parties to allow us to sell, merge or transfer aspects of our business or acquire or merge into other businesses. We will only do this if they agree to keep your data to the same standards we have set for holding your data. Following such a change other parties may use your data in line with these standards.

15. How secure is my information with third-party service providers?

  1. All our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

16. Data security

  1. We have put in place measures to protect the security of your information.
  2. Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
  3. We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
  4. We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

17. Data retention

  1. We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Retention periods for your personal information are decided by considering 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.
  2. In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.

18. Marketing

  1. We may use your personal information to let you know about those of our products and services we think may be of interest to you. Before doing so we may use your personal information to better understand what services or products you are likely to need or have use for.
  2. If you ask us to stop using your personal information to market to you, we will do so and you can change this choice at any time.

19.Cookies

  1. We use “cookies” on our website, these are small pieces of data that allow us to track which computers visit our website and how.

20. Rights of access, correction, erasure, and restriction

  1. Your duty to inform us of changes

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

  1. Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

  1. Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  2. Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  3. Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below).
  4. Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
  5. Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  6. Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact us in writing.

  1. No fee usually required

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

  1. 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 the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

  1. Right to withdraw consent
    1. In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us on the details set out above. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
  2. Changes to this privacy notice
    1. We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

21. How Hepburns uses your data

How Hepburns uses customer data
Our basis for doing so
Hepburns’ legitimate interests (where appropriate)
To operate and maintain our relationship with customers Your consent Contract fulfilment
Hepburns’ legitimate interest Hepburns’ legal obligations
Developing and growing our business Obtaining your consent where needed for contact Maintaining proper practice and efficiencies in meeting our legal and commercial obligations
Marketing our products and capabilities to customers Your consent Hepburns’ legitimate interest Developing and growing our business Obtaining your consent where needed for contact
Developing new service lines and products to better serve customers Contract fulfilment
Hepburns’ legitimate interest
Developing and growing our business Maintaining proper practice and efficiencies in meeting our legal and commercial obligations
To learn how our customers engage with us and how we can improve this Hepburns’ legitimate interest Developing and growing our business Obtaining your consent where needed for contact Maintaining proper practice and efficiencies in meeting our legal and commercial obligations
To advise our customers about our services Your consent Hepburns’ legitimate interest Developing and growing our business Obtaining your consent where needed for contact
Working with service providers who help Hepburns operate its business Contract fulfilment Hepburns’ legitimate interest Hepburns’ legal obligations Developing and growing our business Maintaining proper practice and efficiencies in meeting our legal and commercial obligations
Designing and testing new products and services for our customers Hepburns’ legitimate interest Hepburns’ legal obligations Developing and growing our business Identifying the customer base for our service lines Maintaining proper practice and efficiencies in meeting our legal and commercial obligations
Delivering Hepburns’ services to our customers Contract fulfilment Hepburns’ legitimate interest Hepburns’ legal obligations Maintaining proper practice and efficiencies in meeting our legal and commercial obligations
Risk management Hepburns’ legitimate interest Hepburns’ legal obligations Maintaining proper practice and efficiencies in meeting our legal and commercial obligations
Responding to complaints Hepburns’ legitimate interest Hepburns’ legal obligations Maintaining proper practice and efficiencies in meeting our legal and commercial obligations
Obeying applicable laws and regulations including the prevention of financial crime Hepburns’ legitimate interest Hepburns’ legal obligations Maintaining proper practice and efficiencies in meeting our legal obligations
To properly, efficiently and lawfully operate the business of Hepburns with proper regard to legal advice and monitoring, internal communications and corporate governance, audit and oversight. Hepburns’ legitimate interest Hepburns’ legal obligations Maintaining proper practice and efficiencies in meeting our legal and commercial obligations
To exercise Hepburns’ contractual rights including the collection of monies owed to Hepburns Fulfilling contracts Developing and growing our business