Privacy Statement

McGivern Insurance Ltd is committed to protecting and respecting your privacy.

It is the intention of this privacy statement to explain to you the information practices of McGivern Insurance Ltd. in relation to the information we collect about you and other users.

For the purposes of the GDPR the data controller is:

· McGivern Insurance Ltd

· 36 Lad Lane, Dublin 2.

Ph: 01) 632 1321

Please read this Statement carefully as this sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

Who are we?

McGivern Insurance Ltd. was established in 1982, to offer that peace of mind across a wide range of sectors from service industries to manufacturing industries.

We have a reputation that is built on over 30 years of business success.

We are a leading corporate insurance broker with access to both local and international insurers enabling us to provide Businesses with cost-effective tailor-made insurance solutions and services.

Our experienced teams are available to guide and advise you.

Our GDPR Owner and data protection representatives can be contacted directly here:

Chris Hamilton, CEO, GDPR Owner.

Email: Chris@McGivern.ie

Phone: 01 6321315

Mobile: 086 0412761

Purpose for processing your data

McGivern Insurance Ltd, complies with the requirements of the General Data Protection Regulation 2018 and the Irish Data Protection Act 2018.

The data which you provide to us will be held on a computer database and paper files for the purpose of arranging transactions on your behalf and in order to provide the highest standard of service to you. The data will be processed only in ways compatible with the purposes for which it was given) and in our Data Protection policy. We may need to collect sensitive personal information relating to you or anyone to be named on your policy. We may share with insurance service providers’ information we hold about you and your claims history. Our product producers may subscribe to insurances industry databases for fraud prevention purposes. We may also use your information for the purpose of complying with regulatory or legislative requirements, offering renewals, for research/statistical analysis and crime prevention. There may also be requirements to contact you for the purposes of discussing renewal terms of an existing policy with us or any other query directly relating to an existing policy with us. When you request a quote from us, you may receive a phone call or text message and/or email in relation to that quote.

We would also like to keep you informed of about new or existing insurance, and any other insurance related services provided by us or associated companies with which we have a formal business arrangement; which we think may be of interest to you.

Why do McGivern Insurance Ltd. need to collect and store personal data?

In order for us to provide you with our services as an Insurance Intermediary we need to collect personal data to provide suitable products to meet your Insurance requirements. In any event, we are committed to ensuring that the information we collect and use is appropriate for this purpose, and does not constitute an invasion of your privacy.

In terms of being contacted for marketing purposes McGivern Insurance Ltd would contact you for additional consent.

How will McGivern Flynn & Co Ltd. use the personal data it collects about me?

McGivern Insurance Ltd will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation (GDPR). We will endeavour to keep your information accurate and up to date, and not keep it for longer than is necessary.

McGivern Insurance Ltd is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.

Under what circumstances will McGivern Insurance Ltd contact me?

Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure.

Why we are processing your data? Our legal basis.

Our reason and purpose for processing your personal data is:

• We have your consent
• We need to process your data to complete the performance of a contract
• legal obligation that needs to meet
• protect the vital interests of the data subject, including the protection of rights and freedoms
• processing that is in the public interest
• necessary for the legitimate interests of the data controller or third party, unless the processing is overridden by the vital interests, including rights and freedoms
• national law
• substantial public interest;
• preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, provision of health or social care treatment, or management of health and social care systems and services, under the basis that appropriate contracts with health professionals and safeguards are in place;
• public health, ensuring appropriate safeguards are in place for the protection of rights and freedoms of the data subject, or professional secrecy;
• national laws in terms of processing genetic, biometric or health data.

where you, the data subject is a party, McGivern Flynn & Co Ltd processes data without consent in order to fulfil contractual obligations [such as bank details to process staff salaries, postal address in order to supply products and services, etc.].

Special Categories of personal data

If we collect any special categories of personal data (e.g. health, religious beliefs, racial, ethic origin – financial information is not classified as special categories of personal data) – we will ensure the below

• we will obtain your explicit consent
• ensure the personal data is necessary for employment rights or obligations;
• protect the vital interests of the data subject, including the protection of rights and freedoms;
• necessary for the legitimate activities with appropriate safeguards;
• personal data made public by the data subject;
• legal claims;

Who are we sharing your data with?

We may pass your personal data on to third-party service providers contracted to the course of dealing with you. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfill the service they provide on your behalf. When they no longer need your data to fulfil this service, they will dispose of the details in line with McGivern Insurance Ltd procedures. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, unless we are legally required to do otherwise

If we transfer personal data to a third party or outside the EU we as the data controller will ensure the recipient (processor or another controller) has provided the appropriate safeguards and on condition that enforceable data subject rights and effective legal remedies for you the data subject are available.

Please note - Right of a third party to claim against the insurer (resulting from Section 21(3) of the Consumer Insurance Contract Act 2019).

If you hold insurance against a liability that may be incurred by you against a third party, where for whatever reason you cannot be found or you become insolvent, or the court finds it just and equitable to so order, then your rights under the contract will be transferred to and vested in the third party even though they are not a party to the contract of insurance. The third party has a right to recover from the insurer the amount of any loss suffered by them. Where the third party reasonably believes that you as policyholder have incurred a liability the third party will be entitled to seek and obtain information from the insurer or from any other person who is able to provide it concerning:

• the existence of the insurance contract,

• who the insurer is,

• the terms of the contract, and

• whether the insurer has informed the insured person that the insurer intends to refuse liability under the contract.

Data Subjects Rights:

McGivern Insurance Ltd facilitate the data subject’s rights in line with the data protection policy and the subject access request procedure. This is available on request.

Your rights as a data subject

At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:

• Right of access – you have the right to request a copy of the information that we hold about you.
• Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
• Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
• Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
• Right of portability – you have the right to have the data we hold about you transferred to another organisation.
• Right to object – you have the right to object to certain types of processing such as direct marketing.
• Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
• Right to judicial review: in the event that McGivern Insurance Ltd refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined in clause 3.6 below.

All of the above requests will be forwarded on should there be a third party involved as we have indicated in the processing of your personal data.

Additional information we are providing you with to ensure we are transparent and fair with our processing

Retention of your personal data

Data will not be held for longer than is necessary for the purpose(s) for which they were obtained. The firm will process personal data in accordance with our retention schedule. This retention schedule has been documented in accordance with requirements of our regulatory body (Central Bank, Revenue) and our internal governance.

Withdraw consent

If we are relying on your consent to process your data you can withdraw this at any time – this does not affect the lawfulness of processing based on your consent before its withdrawal.

You are entitled to know whether we hold information about you and, if we do (subject to certain limitations), to have access to that information and have it corrected if it is inaccurate or out of date. To exercise your Right of Access or to update your details under your Right of Rectification or Erasure or to object to processing or to enquire about data portability, please email your request to the GDPR Owner with proof of identity.

Enquiries & Complaints

If you have any questions or comments about our privacy notice or practices, please contact us. McGivern Insurance Ltd may modify or update this privacy notice from time to time at any time without prior notice. You can check the “Last Updated” date below to see when the notice was last changed. We encourage you to check this notice often so that you can continue be aware of how we are protecting your personal information. Your continued use of the website constitutes your consent to the contents of this privacy notice, as it may be modified from time to time. If you have any questions about how we use personal information, or if you want to exercise your rights stated above, please contact our GDPR Owner by either emailing him at Chris@mcgivern.ie , writing to the GDPR owner Mr Chris Hamilton, McGivern Insurance Ltd, 36 Lad lane, Dublin 2. If you wish to make a complaint relating to data protection and McGivern Insurance Ltd. you may contact the Data Protection Commissioner. Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland. Phone +353 (0761) 104 800 , LoCall 1890 25 22 31, email; info@dataprotection.ie.

Failure to provide further information if need see Art 12(e)

If we are collecting your data for a statutory requirement or to fulfill a contract ( motor insurance policy) and you cannot provide this data the consequences of this could mean the contract cannot be completed or details are incorrect.

Additional Processing

If we intend to further process your personal data for a purpose other than for which the data was collected, we will provide this information prior to processing this data.

Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as:

“any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.

Version September 2020