Customer Privacy Notice

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This Privacy Notice is dated 1st February 2021.

1. INTRODUCTION

IVALIFE INSURANCE LIMITED (C 94404) of Gaba Building, Level 2, Naxxar Road, Iklin, IKL 9026 Malta (“IVALIFE”, “we”, “us” or “our”), and its affiliated and associated entities, respect your privacy and are wholly committed to protecting the confidentiality and security of your personal data.

Protecting your privacy is an absolute top priority for us.

In brief, we are an authorised insurance company providing primarily life insurance products and services. We are duly authorised in Malta under the Insurance Business Act, (Chapter 403 of the laws of Malta) to carry on long term business of insurance in classes I &III, and are regulated by the Malta Financial Services Authority (“MFSA”).

Details about our products and services may be found on the following page of our website at www.iva.life (the “Website” or the “Site”), although we may modify or add to these from time to time in line with any developments or growth to our business.

The purpose of this Privacy Notice (the “Notice”) is to explain how we will process your personal data when you:

• request a quotation from, or make or submit a proposal to, us for any of our products or services or interact with us in any other manner, including by email or through our website at www.iva.life;
• apply for, purchase or otherwise use any of our products or services, including through any issued policy; or
• make a claim under or in connection with any product, policy or service obtained from us,

and, in each case, whether directly with us or through any of our appointed intermediaries.

This also includes any data that you provide for or in relation to our newsletters, updates, events and other marketing or promotional communications.

Where we have entered into an agreement with a company or individual (the “Policyholder”) to provide insurance cover for a specified group under a group insurance policy, such as for example a group benefit plan, we will in such cases also need to process the personal data of the individuals who have been named or enrolled as a beneficiary under that policy (each referred to as a “Beneficiary”). An example of this would be a Group Life Insurance. The same situation also applies where you, as the proposer or Policyholder, have named, added or otherwise included specified individuals as a beneficiary under your requested cover (also referred to here as a “Beneficiary”).

This Notice therefore also explains how we process personal data about such Beneficiaries and should be circulated accordingly. Thus, where a Policyholder provides or intends to provide us with any information about a Beneficiary, that Policyholder must circulate our Notice to that Beneficiary and procure and confirm to us that the Beneficiary is fully aware that you have shared his or her personal data with us and understands that we will collect and process that personal in accordance with, and for the purposes set out, in this Notice.

In this Notice, “you” is used to refer to both Policyholders and Beneficiaries.

Where, however, the Policyholder is not a natural person (e.g. a corporate entity), then we will also request and collect certain personal data about its directors, representatives, authorised signatories, shareholders and ultimate beneficial owners (“UBOs”) (namely for due diligence and other vetting requirements). This Notice also explains how we process personal data about those individuals and should therefore be circulated accordingly (and in which case, “you” where used in this Notice should also be taken to refer to such individuals).

PLEASE READ this Notice carefully and share with any beneficiaries that may be covered under your policy.

2. IMPORTANT INFORMATION AND WHO WE ARE

PURPOSE OF THIS PRIVACY NOTICE

We are a controller of your personal data. We process your data in an appropriate and lawful manner, in accordance with the Maltese Data Protection Act, Chapter 586 of the laws of Malta (the “Act”), including its subsidiary legislation, and the General Data Protection Regulation (Regulation (EU) 2016/679) (the “Regulation” or the “GDPR”), each as may be amended, supplemented or replaced from time to time.

This Notice aims to ensure that you are fully informed on how IVALIFE (as your insurance provider) will collect and process your personal data. It informs you about the items of personal data which we will collect about you and describes how we will handle it (regardless of the way you interact with us, whether by email, phone, through an intermediary or otherwise), and in turn, also tells you about (i) our obligations in regard to processing your personal data responsibly, (ii) your data protection rights as a data subject and (iii) how the law protects you.

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 data about you, so that you are fully aware of how and why we are using your data. This Notice supplements our other notices and is not intended to override them.

If you have any questions relating to this Notice, including any requests to exercise your legal rights (which are described at Section 12), please contact us, by email or in writing, using the contact details set out below.

CONTROLLER

IVALIFE, as defined above, is the controller and responsible for your personal data.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this Notice, and for handling any data subject requests. If you have any questions or requests, including any requests to exercise your legal rights as a data subject, please contact our DPO using the details set out below.

CONTACT DETAILS

Full name of legal entity:                  IVALIFE Insurance Limited
Email address:                                    [email protected]
Postal address:                                    Gaba Building, Level 2, Naxxar Road, IKLIN, IKL 9026

You have the right to lodge a complaint at any time to a competent supervisory authority on data protection matters, such as (in particular) the supervisory authority based in the place of your habitual residence or your place of work. In the case of Malta, this is the Office of the Information and Data Protection Commissioner (the “IDPC”) (https://idpc.org.mt). We would, however, appreciate the opportunity to deal with your concerns before you approach the supervisory authority, so please do contact us in the first instance.

Please use the words ‘Data Protection Matter’ in the subject line.

LAST UPDATE AND YOUR DUTY TO INFORM US OF CHANGES

This Notice was last updated on 1st February 2021.

It is imperative that the personal data we hold about you is accurate and current at all times. Otherwise, this will impair our ability to provide you with the products and/or services which you have requested from us (amongst other potential issues). Please keep us informed if your personal data changes at any time during your relationship with us.

3. SOME KEY DEFINITIONS

Set out below are key definitions of certain data protection terms which appear in, and apply to, this Notice.

• “data subjects” means living individuals (i.e. natural persons) about whom we process personal data;

• “data controller” or “controller” means a person who determines the purposes for which, and the manner in which, any personal data is processed. As already mentioned, we are a controller of your personal data;

• “data processor” or “processor” means any person who processes personal data on our behalf;

• “legitimate interest” means our interest to conduct and manage our business affairs appropriately and responsibly, to protect the reputation of our business, and to provide our customers with the best possible service. We make sure to consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at the following email address: [email protected];

• “performance of a contract” means processing your personal data where it is necessary for the performance of a contract to which you are a party or otherwise a beneficiary, or to take steps at your request before entering into such a contract and/or providing you with any of our products or services;

• “personal data” means data relating to a living individual (i.e. natural person) who can be identified from the data (information) we hold or possess. This includes, but is not limited to, your name and surname (including maiden name where applicable), address, date of birth, nationality, gender, civil status, tax status, identity document number, contact details (including mobile and home phone number and personal email address), photographic image, bank account details, emergency contact information and online identifiers. The term “personal information”, where and when used in this Notice, shall have the same meaning as personal data;

• “processing” means any activity that involves use of personal data. It includes obtaining, recording or holding data, or carrying out any operation or set of operations on data (including organising, amending, retrieving, using, disclosing, erasing or destroying it). Processing also includes transferring personal data to third parties;

• “sensitive personal data” or “sensitive data” or “special categories of personal data” includes information about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. This type of sensitive data can only be processed under strict conditions;

• “comply with a legal obligation” means processing your personal data where it is necessary to comply with a legal or regulatory obligation to which we are subject;

Note that personal data does not include information relating to a legal person (such as a company). Information such as a company name, its company number, registered address and VAT number does not amount to personal data under applicable data protection legislation, including the GDPR. Naturally, we will still treat and handle any and all such information in a confidential manner, in accordance with our standard practices and obligations at law.

4. THE DATA WE COLLECT ABOUT YOU

Personal data means any information about an individual from which that individual can be identified. It does not include where the identity and other identifiers have been removed (anonymous data). During the course of our relationship (including at proposal stage), we will need to collect, use, disclose, store and transfer different kinds of personal data about you, which we have grouped together. In that respect, we will generally process three main categories of personal data about you and, where applicable in the context of your policy, also your dependents:

i. Standard personal data (for example, information which we use to contact you, identify you and enter into a relationship with you and to manage that relationship);

ii. Special categories of personal data. This mainly applies where we have been engaged or requested to act as your life, disability, or critical illness insurance provider (whether directly by yourself or where you have been included in a group policy procured by another person). In these cases, we will need to process certain health information relating to you (which may, depending on the type of cover, also include disability information) in order to be able to underwrite, issue, administer and provide you with your requested coverage;

iii. Due diligence information (namely information which we collect and receive in connection with our customer verification vetting checks, including against fraud and anti-money laundering databases).

STANDARD PERSONAL INFORMATION

The data subcategories listed below pertain to ‘Standard Personal Data’:

Identity Data includes your first name, maiden name (where applicable), surname, title, address, marital status, date of birth, age, gender, sex, nationality, identity card and/or passport number;

Contact Data includes your residential address, email address and telephone and/or mobile number;

Coverage Data includes, in respect of each policy which you hold with us, details about (i) the risks insured; (ii) the type of cover provided; (iii) the amount covered; (iv) the beneficiaries named or enrolled under that policy; (v) our quotation; (vi) your disclosures pursuant to that policy; and (vii) your application made with us (including all information provided in it, including the identity of your doctor or physician);

Beneficiary Data includes identity data about the beneficiaries named or included in your policy;

Employment Data includes your occupation and current and previous employment information, such as your employer, place of work, type of work, salary, and any health and safety risks that are relevant to your work;

Financial Data includes your bank account number and details (including IBAN), payment history with us and the invoices which have been issued to you;

Claims Data includes details about any claims which you make with us, including the date of that claim, amount of compensation requested, file and interview notes, your claim declaration, related correspondence, our decision and the reasons for our decision and (where applicable) details on any payouts made by us under that claim;

Marketing Data includes your preferences in receiving marketing from us and our business partners and your communication preferences.

Usage Data includes information about how you use our products and services or Website.

Furthermore, we also collect, use and share Aggregate Data, such as statistical or demographic data, for any purpose. Aggregate Data may be derived from your personal data but is not considered personal data at law as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregate Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used and processed by us in accordance with this Notice.

SPECIAL CATEGORIES OF PERSONAL DATA

As mentioned earlier, we collect and process health data about those customers or applicants who have engaged or approached us to act as their life or disability insurance provider, including in respect of Beneficiaries included in group plans or schemes. We generally need to process this type of sensitive personal data (i.e. ‘health data’) as part of our business operations and requirements, including for underwriting and claims handling purposes and in order to be able to issue, administer and provide the life, disability or critical illness insurance cover which is being requested from us.

More generally, we may also need to process special categories of personal data about our applicants / customers in order to satisfy our legal obligations or for reasons of substantial public interest, such as to prevent insurance fraud.

This will primarily involve health data, as outlined below.

Health Data: this applies where you have engaged or requested us to act as your life or disability insurance provider and comprises information about your current and previous physical and mental health, including details of any physical and/or psychological health or medical conditions (including disabilities) which you may be suffering from or may have suffered in the past. We will generally receive or extract this health data from:

• applications or proposal forms which you have submitted to us;
• any disclosures which you make in connection with an application, proposal form or a policy;
• your claims history;
• any medical reports requested or submitted in connection with a claim which you have made;
• notes and reports about your history and any treatment or care which you have received or need in connection with a claim made with under a policy which you hold with us;
• notes and reports on any medical emergencies which you have undergone, including their outcome (this is particularly relevant for those who have obtained critical illness insurance coverage from us);
• records of medical services which you have received; and/or
• referrals provided from your existing or previous insurance provider.

It may also be recorded in any (i) quotes, proposal responses or renewals which we may directly or indirectly issue to you and/or (ii) communications exchanged with you in relation to claims, complaints or incidents.

We will only collect and process your Health Data to the extent necessary, namely where needed for business of insurance or insurance distribution activity; for example, to determine whether we can provide you with your requested coverage (i.e. life or disability) and under what terms; or to advise on, arrange, provide or manage that cover; or to verify, investigate and deal with a claim made under that policy in accordance with our contractual obligations; or relating to rights and responsibilities arising under or in connection with that policy or at law.

In these circumstances, our processing may be based on any or all of the following lawful bases:

• substantial public interest (life / disability insurance coverage);
• other derogations introduced under applicable national law in terms of Article 9(4) of the GDPR, such the provisions and conditions of the Processing of Data Concerning Health for Insurance Purposes Regulations, Subsidiary Legislation 586.10 of the laws of Malta (the “Insurance Regulations (Malta)”);
• for the establishment, exercise or defence of legal claims (e.g. policy claims).

Otherwise, if we cannot rely on another lawful basis, we will limit our processing of your health data to where you’ve provided your explicit consent.

We may also ask you to authorise your doctor or healthcare provider to disclose or supply necessary information in order to support a proposal or claim which you have made with us.

DUE DILIGENCE INFORMATION

As a life insurance provider, we are subject to statutory KYC and anti-money laundering obligations and record-keeping requirements, which necessitates our collection, processing and retention of particular due diligence information on those applicants and customers who have approached us for, or to whom we are providing, any life insurance products or services (or, as applicable, their directors, representatives, authorised signatories, shareholders and/or UBOs). This information would generally comprise the following:

• copies of your passport or national identification documents, proof of name and address, source of funds and source of wealth and assets information and percentage, shareholding or ownership; and

• supplementary or supporting due diligence information collected on you from third-party and publicly available sources (which may be done at point of application or proposal), including from sources such as public court documents and from electronic data searches, online KYC search tools (which may be subscription or license based), anti-fraud databases and other third party databases, sanctions lists, outsourced third-party KYC providers and from general searches carried out via online search engines (e.g. Google).

Through these customer verification and screening checks, we may also potentially receive personal data relating to:

• your possible political affiliations as part of our politically exposed persons (PEP) and/or sanctions checks (including details on the nature of the political exposure and designation held). As a subject person under applicable AML legislation, we are required to determine, verify and record whether an applicant for any of our life insurance products or services is a politically exposed person or not;

• criminal convictions and offences, both actual and alleged, concerning you, including for example pending charges (“Criminal Records”). We will only process such Criminal Records to the extent required or permitted by applicable law and/or on the basis of any applicable guidelines issued by a competent authority, including for the purpose of detecting, preventing or suppressing any possible, attempted or perpetrated insurance fraud.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data about you by law, or pursuant to our service requirements, and you fail to provide that data when requested or object to its processing (such as relevant health data for life or disability insurance cover), we may not be able to perform or conclude the insurance contract which we have or are trying to enter into with you and may no longer be able to provide you with our products or services. This also applies where you omit any information which we request in our application or proposal forms or fail to provide us with certain required disclosures. In certain instances, we may even need to exercise our prerogative to terminate our contract with you and withdraw the provision of our products and services to you.

We will however notify you if this is the case at that point in time.

5. HOW IS YOUR PERSONAL DATA COLLECTED?

The personal data that we process about you, as listed above, is collected and generated from a variety of sources, in accordance with applicable laws and regulations, as follows:

i. through your interactions with us, including by phone (we may record or monitor phone calls in order to ensure that we are abiding by legal rules and industry codes of practice and for quality assurance purposes), by email, through our website, by filling in and submitting applications and/or proposal forms or during face-to-face meetings. This includes personal data which you provide when you:

• request a quotation or apply to procure a policy from us;
• request or receive any of our products or services;
• contact us with complaints or queries;
• report issues;
• lodge or submit any claims;
• request marketing to be sent to you;
• participate in a survey; and/or
• provide us with feedback;

ii. through the submission of forms and documents, such as when you provide us with or include your personal data in any applications, declarations, claims, complaints, forms (including proposal forms), questionnaires or other documents which you make or submit to us (including any customer disclosures);

iii. in the course of managing and administering our relationship with you. This might include your claims or cover history, and
records of our interactions with you (including any correspondence exchanged with us).

We also collect information from third party sources, including other people and organisations, such as:

• the main member, if you have been named or added as a beneficiary under that member’s policy;
• your employer, if you are covered by a group insurance plan sponsored or taken out by your employer;
• insurance brokers and other agents involved in the application, arrangement or procurement of your policy;
• any family member or other individual acting on your behalf;
• your doctor or healthcare professional for information to support your applications or claims;
• other third parties we work with, such as agents working on our behalf, other insurers and reinsurers,
• any business partners or service providers who work with us in relation to your policy, product or service, particularly where we do not provide it to you directly;
• other third parties whom we work with in connection with your policy and/or claims, including actuaries, auditors, legal advisors, translators and interpreters, tax advisors, regulators, data protection supervisory authorities, healthcare professionals, other healthcare providers and medical assistance providers;
• debt collection and credit reference agencies and fraud detection agencies;
• publicly available sources, such as the electoral register.

6. HOW WE 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 upon to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data pursuant to more than one lawful ground or basis, depending on the specific purpose for which we are using your data.

Please contact us on [email protected], if you need further details, or even if you simply wish to enquire about the specific lawful basis we are relying on to process your personal data where more than one lawful basis has been set out in the table below.

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, or we are obliged to process your data by applicable laws or court or regulatory orders.

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 at [email protected].

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 the need to obtain your consent, in compliance with the above rules, where this is required or permitted by law.

7. MARKETING

You may receive marketing communications from us (which may consist of newsletters, industry updates, mailshots, publications, promotional materials and/or information about our events) where:
• you have an ongoing customer relationship with us; OR
• (in the absence of a relationship), you provide your consent to receiving such marketing communications;
AND
• provided you have not unsubscribed to receiving marketing from us (see your right to object below).

THIRD-PARTY MARKETING

We will get your express opt-in consent before we share your personal data with any third parties (including any associated or affiliated entities) for marketing purposes.

OPTING OUT

You can ask us to stop sending such advertising and marketing communications at any time by:

• following the opt-out or unsubscribe links on any marketing message sent to you;

• contacting us at any time at [email protected]

Where you opt out of receiving such communications, this will not apply to personal data processed or provided to us as a result of your entry into a customer relationship with us or the provision of our products or services to you.

8. DISCLOSURES OF YOUR PERSONAL DATA

We will ensure that your personal data is processed in a manner that is compatible with the purposes indicated above at Section 6. For those stated purposes, we may have to disclose or share your personal data, including your submitted forms, with the parties set out below, each of whom operate as joint or independent controllers:

intermediaries whom we have appointed to sell or issue our products and services to you on our behalf;

our reinsurers, whom we have appointed to reinsure and mitigate our risks;

your insurance broker;

the policyholder or your broker if you are a member or a beneficiary under a policy taken out by that policyholder;

your employer (or their broker) for coverage, premium or renewal administration purposes if you are a member or beneficiary under an insurance scheme or plan taken out with us by your employer;

healthcare professionals, healthcare providers and clinicians used to assess, examine or support your application for a life/ disability insurance policy with us or any claims which you make under any such policy;

employers or representatives: if you receive a discount on your premium because you are part of a collective insurance, we use your personal data to periodically check with your employer or representative to see whether you are still entitled to this discount;

suppliers and service providers whom we have engaged to receive and process claims on our or your behalf;

our professional advisors (such as our auditors, actuaries, accountants, insurance managers, financial advisers and legal counsel);

other organisations where exchange of information is necessary for the purpose of fraud protection or credit risk reduction (including with other insurers);

debt recovery agencies who assist us with the recovery of debts owed to us;

to regulators, government bodies and tax authorities, when required by applicable laws;

to any relevant party, claimant, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal claims in accordance with applicable law and regulation;

to any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences in accordance with applicable law and regulation; and

third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets (successors in title). Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, the new owners may use your personal data in the same way as set out in this Notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law and, in each case, any disclosure of your information will be strictly limited to the extent necessary.

As indicated, we may also disclose your data if we are under a duty to disclose or share your personal data to comply with any legal obligation, judgment or under an order from a court, tribunal or authority. We may also transfer your personal data when we are required to do so by any judicial body, court order or order issued by a police authority.

We may also disclose your data to enforce our contractual terms with you or your entity, or to protect our rights, property or safety, that of our partners or other applicants or investors. This includes exchanging information with other companies and organisations for the purposes of fraud protection.

9. INTERNATIONAL TRANSFERS

As we deal with many international organisations and use global information systems in connection with our business or to provide our products and services, we may need to from time to time transfer your personal data to outside the European Economic Area (“EEA”) (i.e. the EU Member States plus Norway, Liechtenstein and Iceland). We will only do so to the extent necessary for the purposes stated in this Notice, including to: (i) provide our products or services to you; (ii) fulfil our contractual obligations to you or exercise our contractual obligations against you; (iii) comply with our legal or regulatory obligations or (iv) assert, exercise or defend a legal claim.

Where we do need to transfer your personal data outside the EEA (whether for these purposes or any other purpose listed in Section 6), we will ensure a similar degree of protection is afforded to that personal data by ensuring at least one of the following safeguards applies or is otherwise implemented:

• We will only transfer your personal data to countries that have been deemed to provide an a equate level of protection for
personal data by the European Commission; or

• In the absence of an adequacy decision, we will use standard contractual clauses that have been approved by the European Commission.

Please contact our DPO at [email protected] , if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

10. 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 (safeguard its integrity and confidentiality). We also regularly review and, where practicable, improve upon these security measures. We limit access to your personal data to those employees who ‘need-to-know’ such information, as based on their respective work duties with us.

Additionally, we have also 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.

11. DATA RETENTION

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

Please note that we consider our relationship with customers to be an ongoing and continuous relationship, until terminated by either party.

To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your data, the purposes for which we process your data and whether we can achieve those purposes through other means, and the applicable legal requirements.

We will only retain your personal data for as long as necessary to fulfil the purposes for which we collected it (i.e. the issuance of the requested quotation and subsequently, if our quotation is taken up by yourself, the performance of our contract with you, including for any obligations assumed or owed to your named beneficiaries) and thereafter:

• to satisfy any legal, accounting, tax, regulatory or reporting obligations to which we may be subject;

• to comply with any accounting, taxation, regulatory and AML or CFT recording-keeping obligations to which we may be subject; and/or

• to be able to assert, exercise or defend possible legal claims against or otherwise relating to or otherwise involving you or your policy, i.e. prescriptive periods or statutes of limitations.

In most cases, we will apply the following retention periods:

• a five (5) year period for quotations that are issued but not accepted or taken up (starting from the end of the relative quotation validity date); and

• a ten (10) year period for insurance policies which are issued and entered into (starting from the closure of all outstanding policy claims or the termination or expiry of the insurance policy, whichever comes last).

This is save for cases where we may need to retain your personal data for longer period(s), such as in relation to threatened or commenced claims, disputes or litigation, or ongoing or pending investigations, or requests or orders made by competent authorities or pursuant to applicable laws, including record-keeping requirements.

Kindly contact our DPO at [email protected] for further details about the retention periods that we apply.

DATA MINIMISATION

Whenever, and to the extent possible, we anonymise the data which we hold about you when it is no longer necessary to identify you from the data which we hold about you. In some circumstances, we may even anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

12. YOUR LEGAL RIGHTS

Under certain circumstances, data protection laws grant you certain rights in relation to your personal data.

• Request access to your personal data.
• Request correction (rectification) of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact our DPO at [email protected].

KINDLY NOTE that none of these data subject rights are absolute or unreservedly guaranteed, but must generally be weighed against our own legal obligations and legitimate interests. If a decision is taken to override your request, you will be informed of this by our DPO along with the reasons for our decision.

NO FEE IS USUALLY CHARGED

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 simply 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 or revealed 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 a period of one month from the date of receiving your request. 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.

YOU HAVE THE RIGHT TO:

I. REQUEST ACCESS
You have the right to request access to your personal data (commonly known as a “data subject access request”). This enables you to request information as to whether or not your personal data is being processed by us, and to also request a copy of the information that we hold about you (to check, for instance, that we are processing it lawfully).

You may send an email to [email protected] requesting information as the personal data which we process. Generally, you shall receive one copy free of charge via email of the personal data which is undergoing processing. Any further copies of the information processed will typically incur a charge of €10.00.

This right to access your personal data is without prejudice to the integrity and confidentiality of the personal data of other persons. You are only entitled to request access to personal data that relates to you.

II. RIGHT TO INFORMATION
You have the right to information when collecting and processing personal data about you from publicly accessible or third-party sources. When this take places, we will inform you, within a reasonable and practicable timeframe, about the third party or publicly accessible source from whom we have collected your personal data.

III. REQUEST CORRECTION (RECTIFICATION)
You have the right to request correction or rectification of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected and/or updated, though we may need to verify the accuracy of the new data you provide to us. As mentioned, it is in your interest to keep us informed of any changes or updates to your personal data which may occur during the course of your business relationship with us.

IV. REQUEST ERASURE
You have the right to request erasure of your personal data.

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 have successfully exercised your right to object to processing (see below);
• we may have processed your information unlawfully; or
• 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. These may include instances where the retention of your personal data is necessary to:
• comply with a legal or regulatory obligation to which we are subject; or
• establish, exercise or defend a legal claim (including policy claims).

V. OBJECT TO PROCESSING
You have the right to 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 that makes you want to object to that processing as you feel that it impacts on your fundamental rights and freedoms. Please refer to the table set out in Section 6 to understand those situations where we rely on a legitimate interest in order to process your personal data.

In such cases, we will cease processing your personal data for the ‘objected purposes’, unless we can demonstrate compelling legitimate grounds for such processing which override your interests, rights and freedoms of the data subject, or for the establishment to exercise or defend legal claims.

You also have the right to object where we are processing your personal data for direct marketing purposes (as, for instance, described under the ‘Marketing’ in Section 7 above).

VI. RESTRICTION OF PROCESSING
You have the right to 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:

• if you want us to establish the data’s accuracy;
• where our use of the data is unlawful but you do not want us to erase it;
• where you need us to hold onto the data even if we no longer require it, as you need it to establish, exercise or defend legal claims; or
• where you have objected to our use of your personal data, but we need to verify whether we have overriding legitimate grounds to use it.

VII. DATA PORTABILITY
You have the right to request the transfer (data portability) 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.

VIII. WITHDRAWAL OF CONSENT
You may withdraw your consent at any time where we are relying on consent to process your personal data. This will not however affect the lawfulness of any processing which we carried out before you withdrew your consent. Any processing activities that are not based on your consent will remain unaffected.
Once we have been made aware that you have withdrawn your consent, we will no longer process your personal data for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

IX. PROFILING AND AUTOMATED DECISION-MAKING
By law, we are required to inform you if you are the subject of any of the following activities:

profiling: which means automated processing of your personal information to help us evaluate certain matters about you, such as your preferences in relation to our products and services; and

automated decision-making (ADM): which means taking a decision about an individual on the basis of technological means and without any human involvement.

This is because you have certain rights relating to both ADM and profiling. You have the right to object to profiling relating to direct marketing (see your ‘right to object to processing’, as described above in this Notice). If you do this, we will no longer carry out profiling for direct marketing purposes.

In the case of ADM, you have the right not to be subject to a decision based solely on automated processing, which produces legal effects concerning you or otherwise significantly affects you, unless it is:

• necessary for entering into, or the performance of, a contract between you and us;
• authorised by EU or Member State law and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
• based on your explicit consent.

In that regard, we utilise the following processes, both of which involve ADM and profiling to a certain degree:

• depending on the type of product or service you wish to procure from us and to help us to decide what level and extent of cover we can offer you, we will ask you to provide us with your health information. We may use software to review this information to determine whether you have any previous or existing health conditions for which we are unable to cover you and which will be excluded from your policy;

• we may also use software to help us calculate the price of our products and services based on what we know about you and other customers. For example, our technology may analyse information about your claims history and compare it with the information we hold about previous claims to evaluate how likely you are to need to make a claim during the period of your policy;

• when your policy is due for renewal, we may also use software to evaluate your payment and claims history to help determine and establish what premium adjustments we may need or wish to make; and

• we may use information about the products and services you have purchased or used, and information about what other customers who have purchased or use the same products and/or services, to make sure we send you information about the products you are most likely to be interested in.

In all cases, we will not take any decision about you or any of the policies which you hold with us (including any renewals) without prior human involvement.

13. CHANGES TO THIS NOTICE

This Notice may be updated from time to time, including to reflect any business developments or any legal or regulatory developments which take place or affect our business or industry sector.

Changes, revisions and amendments to this Notice will be duly notified to you.

The latest version of the Notice is available at www.iva.life and is also available upon request from our DPO.

If you have any questions regarding this Notice, or if you would like to send us your comments, please contact us today or alternatively write to us using the Contact Details indicated in this Notice or on our website.