Privacy Policy Probitas 1492 (Europe) SRL/BV (EN) | Probitas 1492

Who Are We

Probitas 1492 (Europe) SRL/BV (‘Probitas Europe’, ‘we’, ‘us’, ‘our’) is a service company that is part of the Probitas group of companies. Probitas Europe is governed by the laws of Belgium with registered office at Avenue du Port 86c, Box 204, 1000 Brussels, Belgium, registered under number RPR/RPM Brussels 771.950.942. Probitas Europe is authorised and regulated by the Financial Services and Markets Authority (“FSMA”, www.fsma.be) as a mandated underwriter and a reinsurance broker to carry on activities of (re)insurance distribution in Belgium, in all other EEA jurisdictions via freedom of services and in the United Kingdom via a branch authorised and regulated by the Financial Conduct Authority (“FCA”, www.fca.org.uk), with registered office at 88 Leadenhall Street, London, EC3A 3BP. The UK branch will act as an appointed representative of Probitas Managing Agency Limited (PMA).

Probitas Syndicate 1492 is managed at Lloyd’s by PMA.

Both Probitas Europe and PMA are registered data controllers. Any personal data being processed in the course of the business of Probitas Europe is controlled primarily by Probitas Europe.

Our Privacy Policy

Probitas Europe is committed to protecting information which identifies and relates to you or other individuals (“personal data”), including information with respect to criminal conviction/offences or information (in particular concerning health) subject to article 9 and 10 of the General Data Protection Regulation (EU) 2016/679 (“special category personal data”), and complying with data protection laws.

This privacy policy sets out our personal data collection and sharing practices in relation to the personal data that we collect and use for the administration of insurance policies and reinsurance contracts.

The persons to which this privacy policy applies

Including: Policyholders, insureds, reinsureds, clients, suppliers, advisers, service providers, enquirers, beneficiaries or claimants and their agents and relatives (“you” or “our”).

Layered approach

Data protection laws require us to provide you with a lot of information about how we collect and use your personal information – and it is easy for all this information to become confusing.

We use a layered approach to providing you with the information required by law. This means that we may provide the information required in a number of different formats and documents. It means that in our initial contact with you, we may provide you only with the most important information about how we will use your personal information; but we will always provide you with easy access to all the further information you need about our privacy practices.

As an example, if you buy an insurance policy from us, then we may use this three layer approach:

a short form privacy notice in your policy related documentation that refers to this privacy policy;
access to this privacy policy online or by post; and
access, via this privacy policy, to an insurance market standard information notice that explains in more detail how the insurance market works and uses personal information to provide (re)insurance cover.

What information do we collect about you

In order to deliver our (re)insurance services to you, we may collect the following information:

information you provide by filling in forms or uploading forms;
contact details and identification information such as your name, address, date of birth, email, details of additional people who you are including on the proposal or policy and your relationship with them;
financial information such as bank details, salaries, details of insured items or cover required including the location of those items where applicable;
personal injury details or medical conditions if relevant to your product or claim;
details of previous insurance cover and details about any claim submitted under current/previous insurances which may include special category personal data;
information about any criminal convictions or offences such as or County Court judgements or instances of bankruptcy or internal investigations;
credit, fraud and anti-money laundering and sanctions checks;
details of any complaints you raise;
if you contact us, we may keep a record of that correspondence, voicemail or details of any conversation we may have with you;
details of transactions you carry out through our portals, including the quotations obtained for insurance services and the insurance policies; and
information that is available from publicly available sources including social media websites and from other third parties.

How and Why We Use Your Information

We may use your personal data for:

quotation and inception purposes:

to make decisions on whether to provide (re)insurance;
to set you up as a client, including identity, fraud, credit and anti-money laundering and sanctions checks;
evaluating the risks to be covered and matching to appropriate policy / premium;

policy administration:

collection and refund of premiums;
general client care, including communicating with you regarding administration and requested changes to your policy;
sending you your policy documentation;
to correspond with clients, beneficiaries and claimants in order to facilitate the (re)insurance policies;

claims processing:

managing insurance claims;
defending or prosecuting legal claims;
investigating and prosecuting fraud;
to exercise, defend and protect our legal rights or other rights of third parties and/or to defend or make claims;

renewals:

contacting you in order to renew your insurance policy;

insurance lifecycle:
- general risk modelling and underwriting;
- to maintain our accounts and records;
- complying with our legal or regulatory obligations;

transferring books of business, company sales, mergers or acquisitions;
to recover any payments due to us and where necessary to enforce such recovery through the engagement of debt collection agencies or taking other legal action;
to analyse it in order to understand the service we provide and in order to improve our business:

to modify, personalise or otherwise improve our services/ communications;
to operate and expand our business activities;
for research and development of new products;
to gather market intelligence, communicate with and tailor offers to individuals;
for training and quality purposes;
to conduct data analysis, which helps us assess risks, price our products appropriately, and improve own services;

to manage our infrastructure, business operations and comply with internal policies and procedures;
to enhance the security of our network and information systems;
to monitor transactions to ensure service quality;
to comply with procedures, to combat fraud and to ensure compliance with EU, UK and international sanctions;
to notify you about changes to our service or otherwise to fulfil your requests and respond to your queries; and
for marketing purposes by post and email (in accordance with applicable legislation).

We may process your personal data because:

it is necessary for the performance of a contract: where we have a contract with you or a third party on your behalf, we will process your information in order to fulfil that contract and provide you with our services;
it is necessary for the performance of a task carried out in the public interest: for example, claims analysis in order to calculate insurance risk ratings and premiums;
it is in our or a third parties’ legitimate interests: for the prevention and detection of fraud, claims analysis, any sale, merger or acquisition of all or part of the Probitas group, to improve our services, to ensure we price our products appropriately, to manage risk, to manage our business efficiently, to perform audits, and to maintain accurate records. When we process personal information to meet our legitimate interests we always balance these against your fundamental rights and freedoms and put in place robust safeguards to ensure that your privacy is protected;
we have your consent. If we require your consent, it will be made clear at the time your information is collected; or
to comply with legal obligations to which Probitas Europe is subject (including obligations under foreign law, law enforcement, court and regulatory bodies’ requirements to which Probitas Europe is subject).

We may process your special category personal data or details of criminal convictions/offences because:

it is necessary for the establishment, exercise or defence of legal claims;
we have your explicit consent; or
we are otherwise authorised by EU or member state law.

How we collect your information

Depending on which of our services you use, we may collect information about you from various sources, including:

directly from you;
from the policyholder of the policy you benefit from;
your family members, employer or representative such as an insurance broker;
other (re)insurance companies, coverholders or business partners;
credit reference agencies;
anti-fraud databases, sanctions lists, court judgements and other publicly available databases;
government agencies such as the FPS Mobility and the FPS Finance; and
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 claim handlers.

Who do we share your information with and why?

We may share your information with:

our third parties’ suppliers who help deliver products and services on our behalf, such as payment card providers, claim handlers, data storage providers, event organisers;
within the Probitas group of companies, including with PMA, to administer your policy and any related claims;
national anti-fraud databases;
auditors, regulators including Lloyd’s and ombudsman when required by regulatory or legal obligations;
third parties in the event of any or all of the Probitas group being sold, merged or acquired; and
reinsurers and reinsurance brokers.

Probitas Europe may transfer your information to a country outside of the European Economic Area in order to deliver our services. Probitas Europe ensures this transfer and processing is carried out with the appropriate safeguards and in compliance with data protection laws. Probitas Europe transfers data to its UK Branch, based on an adequacy decision of the EU Commission.

If we share your personal data it is only for the purposes set out in this privacy policy and we remain responsible for the management and security of personal information. Where Probitas Europe discloses your personal data to a third party, we require that third party to have appropriate technical and organisational measures in place to protect your personal data.

We will share your information if we are required to by law. We may share your information with enforcement or public and governmental authorities if they ask us to, or to a third party in the context of actual or threatened legal proceedings, provided we can do so in compliance with data protection laws.

How Long Do We Keep Your Information

Probitas Europe retains your personal information for as long as is reasonably necessary for the purposes for which it was originally collected and allowed by data protection laws. The length of time we keep your personal information is determined in accordance with the following criteria:

your relationship with us and the types of products and service you have with us;
the length of time it is reasonable to keep records to demonstrate that we have fulfilled our obligations to you under the law;
any limitations periods within which claims might be made;
any retention periods prescribed by law, by regulators, professional bodies or associations; and
the existence of any relevant proceedings.

Where your personal data is no longer required we will ensure it is securely deleted.

How do we keep your information secure

We are committed to keeping your information secure. Unfortunately no data transmission over the internet or any website can be guaranteed to be secure. We have put in place physical, electronic and operational procedures intended to safeguard and secure the information we collect. All Probitas Europe staff have a legal duty to respect the confidentiality of information, and access to confidential information is restricted to only those who have a reasonable need to access it.

Where we have given you (or where you have chosen) a password which enables you to access any portal we operate, you are responsible for keeping this password confidential and for complying with any other security procedures that we notify you of. We ask you not to share a password with anyone.

Your rights relating to your information

Data protection laws give you rights in relation to the personal information we hold about you, which may include the right to:

require us to provide you with further details on the use we make of your personal information and/or provide you with a copy of the personal information we hold about you (right of access);
require us to update any inaccuracies in the personal information we hold about you (right to rectification);
require us to delete any of your personal information that we no longer have a lawful ground to use, that are no longer necessary in relation to the purposes or where you have exercised your right to object to processing (right to erasure);
require us to where processing is based on consent, stop that particular processing by withdrawing your consent;
object to any processing based on our legitimate interests unless our reasons for undertaking that processing outweigh the interests, rights and freedoms you may have (right to object);
object to direct marketing;
restrict how we use your personal information whilst a complaint is being investigated or in other specific circumstances (right to restriction of processing); and
transfer your personal information to a third party in a standardised machine-readable format (right to data portability).

If you wish to exercise any of your rights, please make your request in writing to our Data Protection Officer whose contact details can be found below in the How to contact us section.

In certain circumstances, we may need to restrict your 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).

These rights are not absolute and we will let you know in our correspondence with you whether we think they apply to you.

We may, in response to a request, ask you to verify your identity and to provide information that helps us to understand your request better. Once we have the necessary information from you and have concluded your request is valid, we will respond to you within one month of the receipt of a request.

Consent

Your consent to our processing of your personal information for certain purposes may be necessary to comply with applicable data protection laws; and where this is the case we will ask you for your consent in accordance with those laws.

You may withdraw your consent to such processing at any time, without such withdrawal affecting the lawfulness of processing based on consent before the withdrawal. However, if you withdraw your consent in relation to (re)insurance cover that we have provided then this is likely to impact our ability to provide (re)insurance cover and pay claims under the cover.

Cookie Policy

Probitas Europe only uses cookies for session management, and we neither collect or not keep user personal data. In order to monitor the use of our website we do use Google Analytics. Google Analytics does collect information on website trends, without identifying individual visitors. Google Analytics uses a different set of cookies for each website, and visitors are not tracked against multiple sites.

Complaints Procedure

If you wish to exercise any of your rights, please make your request in writing to our Data Protection Officer whose contact details can be found below in the How to contact us section.

If you are unhappy with our response to your request, or you believe the way we have processed your information is not in keeping with data protection laws, we would like to hear from you so we can either fix the problem or further explain our decision.

Alternatively, you may contact our data protection regulator, the Belgian Data Protection Authority for guidance and advice, or to lodge a complaint. The Data Protection Authority may be contacted at:

Online: https://www.dataprotectionauthority.be/citizen

Email: contact@apd-gba.be

Post: Drukpersstraat 35, 1000 Brussels (BE)

Telephone: +32 (0)2 274 48 00 (local rate)

How to Contact Us

If you have any questions, comments, complaints or wish to exercise your data protection rights, please contact the Probitas Europe Data Protection Officer, David Matthys at:

david.matthys@probitas1492.com

Or by post to the following address:

Data Protection Officer
Probitas 1492 (Europe)
Avenue du Port 86c, Box 204,
1000 Brussels,
Belgium

Changes to Our Privacy Policy

We keep our privacy notice under regular review and the latest version will be available on this website. This privacy notice was last updated in January 2022.