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Privacy Notice

Marsh Ireland Brokers Limited, trading as Marsh Ireland, Bowring Marsh, and Guy Carpenter & Company (Marsh Ireland), a business of Marsh & McLennan Companies, Inc. (MMC), strives to protect the privacy and the confidentiality of Personal Data that the company processes in connection with the services it provides to clients and individuals’ use of the Marsh Ireland websites. Marsh Ireland’s services consist primarily of risk consulting and insurance broking, which enable the consideration of, access to, administration of, and making of claims on, insurance.

To arrange insurance cover and handle insurance claims, Marsh Ireland and other participants in the insurance industry are required to use and share Personal Data.

During the insurance lifecycle Marsh Ireland will receive Personal Data relating to potential or actual policyholders, beneficiaries under a policy, their family members, claimants and other parties involved in a claim. Therefore references to “individuals” in this notice include any living person from the preceding list, whose Personal Data Marsh Ireland receives in connection with the services it provides under its engagements with its clients. This notice sets out Marsh Ireland’s uses of this Personal Data and the disclosures it makes to other insurance market participants and other third parties.

Identity of Controller and Contact Details

Marsh Ireland Brokers Limited, trading as Marsh Ireland, Bowring Marsh, and Guy Carpenter & Company of 4th floor, 25/28 Adelaide Road, Dublin 2 (Marsh Ireland or We) is the controller in respect of the Personal Data it receives in connection with the services provided under the relevant engagement with its client.

Personal Information that We Process

We collect and process the following Personal Data:

Where we collect such information directly from individuals, we will inform them of whether the information is required and the consequences of not providing it on the relevant form.

Sources of Personal Data

We collect and receive Personal Data from various sources, including (depending on the service we are seeking to or are providing and country you are in):

We collect and receive Personal Data from various sources, including (depending on the service we are seeking to or are providing and country you are in):

How We Use and Disclose Your Personal Data

In this section, we set out the purposes for which we use Personal Data, explain how we share the information, and identify the “legal grounds" on which we rely to process the information.

These "legal grounds” are set out in the General Data Protection Regulation (the GDPR), which allows companies to process Personal Data only when the processing is permitted by the specific “legal grounds” set out in the GDPR (the full description of each of the grounds can be found in the Appendix below). In addition to the legal grounds in the Appendix, we may generally process personal data based on a legal or regulatory obligation.

Read our Purpose of Processing (PDF)

Quotation/Inception

Policy Administration

Claims processing

Renewals

Throughout the insurance lifecycle

Consultancy activities

Website activities

Please note that in addition to the disclosures we have identified in this table, we will disclose Personal Data for the purposes we explain in this notice to service providers, contractors, advisers, agents and MMC group companies that perform activities on our behalf.

Consent

In order to facilitate the provision of insurance cover and administer insurance claims, unless another legal ground applies, we rely on the data subject’s consent to process special categories of Personal Data and criminal records data, such as medical and criminal convictions records, as set out in the table above and for profiling as set out in the next section. This consent allows us to share the information with other insurers, intermediaries and reinsurers that need to process the information in order to undertake their role in the insurance market (which in turn allows for the pooling and pricing of risk in a sustainable manner).

The affected individual’s consent to this processing of special categories of Personal Data and criminal records data may be necessary for Marsh Ireland to be able to provide the services the client requests.

Where you are providing us with information about a person other than yourself, you agree to notify them of our use of their Personal Data and to obtain such consent for us.

Individuals may withdraw their consent to such processing at any time by contacting the Data Protection Officer using the contact details at the Questions, Requests or Complaints section below. However, doing so may prevent Marsh Ireland from continuing to provide the services to the relevant client. In addition, if an individual withdraws consent to an insurer’s or reinsurer’s processing of their special categories of Personal Data and criminal records data, it may not be possible for the insurance cover to continue.

Profiling and Automated Decision Making

Insurance premiums are calculated by insurance market participants benchmarking clients’ and beneficiaries’ attributes as against other clients’ and beneficiaries’ attributes and propensities for insured events to occur. This benchmarking requires Marsh Ireland and other insurance market participants to analyse and compile information received from all insureds, beneficiaries or claimants to model such propensities. Accordingly, we may use Personal Data to both match against the information in the models and to create the models that determine the premium pricing in general and for other insureds. Marsh Ireland and other insurance market participants may use special categories of Personal Data and criminal records data for such modelling to the extent it is relevant, such as medical history for life insurance or past motor vehicle convictions for motor insurance.

Marsh Ireland and other insurance market participants use similar predictive techniques to assess information that clients and individuals provide to understand fraud patterns, the probability of future losses actually occurring in claims scenarios, and as set out below.

We use these models only for the purposes listed in this Privacy Notice. In most cases, our staff make decisions based on the models.

Automated Broking Platform

Where clients use the automated broking platform, insurance quotations are offered entirely by matching whether the attributes that the client has provided meet the criteria set by the insurers, which determines (a) whether a quotation will be made; (b) on what terms; and (c) at what price. Each insurer will use different algorithms to determine their pricing, and clients must consult each insurer’s privacy policy for further details. Our platform merely queries whether attributes of potential insureds satisfy insurers’ models and then returns the results. If the potential insured’s attributes do not satisfy insurers’ models, the quotation request is referred for review by a team with underwriting authority. We also apply fraud prediction algorithms to the information clients provide to assist us in detecting and preventing fraud. We regularly review all profiling and associated algorithms against inaccuracies and bias. These partially automated processes may result in a client not being offered insurance or affect the price or terms of the insurance.

Clients may request that we provide information about the decision-making methodology and ask us to verify that the automated decision has been made correctly. We may reject the request, as permitted by applicable law, including when providing the information would result in a disclosure of a trade secret or would interfere with the prevention or detection of fraud or other crime. However, generally in these circumstances we will verify that the algorithm and source data are functioning as anticipated without error or bias.

Marketing

We may use your Personal Data to provide you with information about products or services which we think would be of interest to you. These may be sent by email or post or, in some circumstances, we may telephone you to explain this information to you.

We take care to ensure that our marketing activities comply with all applicable legal requirements. In some cases, this may mean that we ask for your consent in advance of sending you marketing materials.

In all cases, you can opt out of receiving marketing communications, at any time. You can do this by clicking on the "unsubscribe" link in any marketing email or by contacting us using the details set out at the end of this Privacy Notice.

Please note that, even if you opt out of receiving marketing messages, we may still send you communications in connection with the services we provide to you.

Safeguards

We have in place physical, electronic, and procedural safeguards appropriate to the sensitivity of the information we maintain. These safeguards will vary depending on the sensitivity, format, location, amount, distribution and storage of the Personal Data, and include measures designed to keep Personal Data protected from unauthorised access. If appropriate, the safeguards include the encryption of communications via Secure Sockets Layer, encryption of information during storage, firewalls, access controls, separation of duties, and similar security protocols. We restrict access to Personal Data to personnel and third parties that require access to such information for legitimate, relevant business purposes.

Limiting Collection and Retention of Personal Information

We collect, use, disclose and otherwise process Personal Data that is necessary for the purposes identified in this Privacy Notice or as permitted by law. If we require Personal Data for a purpose inconsistent with the purposes we identified in this Privacy Notice, we will notify clients of the new purpose and, where required, seek individuals’ consent (or ask other parties to do so on Marsh Ireland’s behalf) to process Personal Data for the new purposes.

Our retention periods for Personal Data are based on business needs and legal requirements. We retain Personal Data for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose. For example, we retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired, or to comply with regulatory requirements regarding the retention of such data. When Personal Data is no longer needed, we either de-identify or aggregate the data (in which case we may further retain and use the de-identified or aggregated information for analytics purposes) or securely destroy the data.

Cross-Border Transfer of Personal Information

Marsh Ireland transfers Personal Data to, or permits access to Personal Data from, countries outside the European Economic Area (EEA). These countries’ data protection laws do not always offer the same level of protection for Personal Data as offered in the EEA. We will, in all circumstances, safeguard Personal Data as set out in this Privacy Notice.

Certain countries outside the EEA have been approved by the European Commission as providing essentially equivalent protections as EEA data protection laws. EU data protection laws allow Marsh Ireland to freely transfer Personal Data to such countries.

If we transfer Personal Data to other countries outside the EEA, we will establish legal grounds justifying such transfer, such as MMC Binding Corporate Rules, model contractual clauses, individuals’ consent, or other legal grounds permitted by applicable legal requirements.

Individuals can request additional information about the specific safeguards applied to the export of their Personal Data.

Accuracy, Accountability, Openness and Your Rights

We strive to maintain Personal Data that is accurate, complete and current. Individuals should contact us at MarshIreland@marsh.com to update their information.

Questions regarding Marsh Ireland’s privacy practices should be directed to the Data Protection Officer using the contact details in the Questions, Requests or Complaints section below.

Under certain conditions, individuals have the right to request that Marsh Ireland:

In addition, under certain conditions, individuals have the right to:

These rights are subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege). We will respond to most requests within 30 days.

If we are unable to resolve an enquiry or a complaint, individuals have the right to contact the Irish data protection regulator, the Data Protection Commission (DPC).

The DPC can be contacted by telephone at +353 578 684 800 or by postal address at:

Data Protection Commission
21 Fitzwilliam Square South
Dublin 2
D02 RD28, Ireland.

Questions, Requests or Complaints

To submit questions or requests regarding this Privacy Notice or Marsh Ireland’s privacy practices, please write to the Data Protection Officer at the following address:

The Data Protection Officer
Marsh Ireland Brokers Limited
4th floor
25/28 Adelaide Road
Dublin 2
Phone: +353 (0) 1 604 8100
Email: MarshIreland@marsh.com

If we are unable to resolve an enquiry or a compliant, individuals have the right to contact the Irish data protection regulator, the Data Protection Commission (DPC).
The DPC can be contacted by telephone at +353 578 684 800 or by postal address at:

Data Protection Commission
21 Fitzwilliam Square South
Dublin 2
D02 RD28, Ireland.

Links to Third Party Websites

Our websites may contain links to other third party websites. If you follow a link to any of those third party websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for their policies or processing of your personal information. Please check these policies before you submit any personal information to such third party websites.

Changes to this Privacy Notice

This Privacy Notice is subject to change at any time. It was last changed on 14 October 2019. If we make changes to this Privacy Notice, we will update the date on which it was last changed. Where we have an engagement with you, we will notify you of any changes we make to this Privacy Notice in accordance with the notice provisions in the terms of our engagement. In other circumstances, we will publish the revised Privacy Notice on our website.

Download our Privacy Notice

Appendix

List of the legal grounds we rely on:

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.

For our legitimate business interests

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 interests or fundamental rights and freedoms which require protection of personal data, in particular where you are a child. These legitimate interests are set out next to each purpose.

For processing special categories of personal data and criminal convictions data:

Legal ground

Details

You consent

You have given your 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. However withdrawal of this consent may impact our ability to provide the services. For more detail see the Consent section above.

For legal claims

Processing is necessary for legal advice or in connection with, legal claims, prospective legal claims, legal proceedings or prospective legal proceedings or otherwise establishing, exercising or defending legal rights or claims or whenever courts are acting in their judicial capacity.

Insurance Purposes (health data only)

Processing is necessary and proportionate for the purposes of (a) a policy of insurance or life assurance, (b) a policy of health insurance or health-related insurance, (c) an occupational pension, a retirement annuity contract or any other pension arrangement, or (d) the mortgaging of property.

Performance of a Contract (criminal convictions data only)

Processing is necessary and proportionate for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

Substantial Public Interest

Processing is necessary for reasons of substantial public interest, on the basis of EU or Irish law.