This Privacy Notice applies to Artex Risk Solutions Group, and all of its affiliates and subsidiaries (collectively, "we," "our," "us," or "Artex").
In this Privacy Notice, we identify the personal data that we may collect about you and how we may use that data. This Privacy Notice applies to any personal data you provide to Artex and any personal data we may collect from other sources, unless you are provided a more specific privacy statement at the time of data collection. This Privacy Notice does not apply to any third-party websites, applications or portals ("Sites") linked to Artex's Sites, or to any Artex Sites that have their own privacy notices. If you provide personal data to us about other people, you must provide them with a copy of this Privacy Notice and obtain any consent required for the processing of that person's data in accordance with this Privacy Notice.
The following sections will guide you through our practices for the collection, usage, disclosure and retention of your personal data:
- Who we are
- How we process your personal data
- How we protect your personal data
- How we protect your personal data when sending it internationally
- Marketing activities
- Profiling and automated decision-making
- How long we keep your personal data
- Your personal data rights
- Contact us
- Updates to this Privacy Notice
1. Who we are
We are a global company providing a range of professional services including: insurance company management and formation; fund management; risk and claims management; and other administrative services.
2. How we process your personal data
2.1 Individuals in scope of this Privacy Notice
This Privacy Notice provides information for those individuals whose personal data we process, including:
- Business contacts, such as brokers, (re)insurers, loss adjusters, experts instructed in relation to claims, service providers, suppliers, professional advisors, conference attendees, visitors to our offices, government officials and authorities.
- Customers, such as those in respect of the insurance companies we form, manage and provide administrative services to as part of our core business activities (e.g., parties covered under the policies, potential beneficiaries of the policies, claimants and other parties involved in claims in respect of the policies), and any other customers in relation to our various service offerings.
- Users of our Sites.
- Other individuals, such as those requesting or receiving our marketing information, making general inquiries, entering competitions or promotions, or whose images we use in marketing or are captured on CCTV.
2.2 How we collect your personal data
We may collect your personal data in a number of ways, which vary based on how you interact with us. The following summarizes our various collection points:
- Directly from you or your authorized representative, such as when you provide your personal data to us, including from any of our Sites, surveys, live events, market research, and other direct communications and/or solicitations.
- From our clients and partners, such as commercial clients, (re)insurers, network partners, employers, fund investors; benefit plan sponsors, benefit plan administrators, premium finance companies, health service providers, data/marketing list providers and third-party service providers.
- Publicly available sources, such as social media platforms, property and assets registers, and claims and convictions records.
- Artex affiliate companies.
- Government authorities, such as police and regulators.
- Background checks and screening tools, such as insurance industry fraud prevention and detection databases, including the CUE (Claims Underwriting Exchange) in the UK, credit agencies and sanctions screening tools.
- Other third parties.
2.3 Personal data we collect
We may collect the following types of personal data depending on the purpose of your interaction with us (e.g. as business contact, customer, claimant, insured):
- Basic personal and demographic information, such as your name, date of birth, age, gender and marital status.
- Contact information, such as your address, telephone number and email address.
- Unique identifiers, such as identification numbers issued by government bodies or agencies (e.g., your national identifier number or social security number, passport number, ID number, tax identification number, driver's license number).
- Employment information, such as your job title, employer, employment status, salary information, employment benefits, employment history and professional certifications.
- Financial information, such as your bank account numbers, credit card numbers, brokerage account numbers, transaction information, tax information, details of your income, property, assets, investments, pension and benefits, debts, and creditworthiness.
- Policy information, such as your policy number, policy start and end dates, premiums, individual terms, claims history and claims data, mid-term adjustments, reasons for cancellation, risk profile and details of policy coverage.
- Claim information, such as a claimant's relationship to a policyholder/insured, and the date and particulars of such claim, including causes of death, injury or disability and claim number.
- Commercial information, such as records of your personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Events or meeting information, such as details about your visits to our offices (including CCTV), your interest in and attendance at events or meetings, audio recordings, photographs or videos captured during meetings, events or calls with you.
- Special category data and sensitive personal data, such as data relating to your health (including protected health information), genetic or biometric data, sex life, sexual orientation, gender identity, racial or ethnic origin, political opinions, religious or philosophical beliefs and trade union membership.
- Criminal records information, such as criminal charges or convictions, including driving offences, or confirmation of clean criminal records.
- Professional disciplinary information.
- Personal information received from background checks and sanctions screenings.
- Marketing information, such as your consent to or opt out from receiving marketing communications from us and/or third parties, your marketing preferences, or your interactions with our marketing campaigns and surveys, including whether you open or click links in emails from us or complete our surveys.
- Sites and communication usage information, such as your username, your password, other information collected by visiting our Sites or collected through cookies and other tracking technologies, including your IP address, domain name, your browser version and operating system, traffic data, location data, browsing time, and social media information, such as interactions with our social media presence.
2.4 How we use your personal data
Depending on the purpose of your interaction with us (e.g. as business contact, customer, claimant, insured), we may use your personal data to:
- Perform services for you or our clients
- Provide services and fulfill our contractual obligations, including providing services that you may not have personally requested but were requested by our client(s) and require us to interact, directly or indirectly, with you.
- Facilitate and enable placement of policies and assist in the ongoing management of such policies, including premium management, renewals, adjustments, cancellations, claims management and settlement.
- Provide various consulting, administration and actuarial services and claims administration.
- Advise on the management of our clients' business risks and opportunities, affairs and insurance arrangements and on the administration of claims.
- Manage our business operations
- Enter into business relationships and perform due diligence and background checks, such as fraud, trade sanctions screening, and credit and anti-money laundering checks.
- Create, maintain, customize and secure your account with us.
- Maintain accounting records, analyze financial results, comply with internal audit requirements, receive professional advice, apply for and make claims on our own insurance policies, manage or dispute a claim and recover a debt.
- Conduct data analytics, surveys, benchmarking, and risk modelling to understand risk exposures and experience, for the purposes of creating de-identified and/or aggregate industry or sector-wide reports, to share within Artex's group of companies and with third parties.
- Communicate and market to you
- Communicate with you regarding your account or changes to our policies, terms and conditions, respond to any inquiries you may have, and send you invitations for events or meetings.
- Advertise, market and promote our services or the services of others, including by email, LinkedIn, SMS, post or telephone.
- Send you newsletters, offers or other information we think may interest you, as well as offer and administer promotions.
- Monitor usage of our Sites and personalize your experience with our Sites and the messages we send you to deliver content, product and service offerings relevant to your interests, including targeted offers and ads through our Sites, third-party Sites, and via email, SMS or text (with your consent, where required by law).
- Comply with legal obligations
- Comply with national security or law enforcement requirements, discovery requests, or where otherwise required or permitted by applicable laws, court orders or regulatory authorities.
- Exercise and defend ours, yours or third parties' legal rights.
- Monitor and prevent fraud or wrongdoing
- Maintain the safety, security, quality, and integrity of our products, services, systems and data, detect security incidents, protect against inadvertent data loss, malicious, deceptive, fraudulent, or illegal activity, and debug or identify and repair errors that impair existing intended functionality.
- Monitor and ensure the safety and security of our premises, property, employees and visitors.
- Improve our services
- Develop, enhance, expand or modify our services through research and development.
- Monitor, review, assess and improve our technology systems, including any Sites, and our content on social media platforms.
- Improve quality, training and security (for example, with respect to recorded calls).
- Mergers and acquisitions
- Facilitate commercial transactions, including a reorganization, merger, sale of all or a portion of our assets, a joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). Should such a sale or transfer occur, we will use reasonable efforts to ensure the entity to which we transfer your personal data agrees to use it in a manner consistent with this Privacy Notice.
If we intend to use your personal data for any other purpose not described in this Privacy Notice or which is not compatible with the purpose for which your personal data was collected, we will contact you and let you know of that purpose, which may include the need to satisfy our legal and regulatory obligations. Where we require your consent to the processing, we will request it in advance.
2.5 Legal basis for processing personal data
Local law and regulation may require us to have a legal basis to process your personal data. In most cases, our legal basis for processing your personal data will be one of the following:
- Legitimate Business Interest, such as seeking to and entering into or performing our contractual duties, maintaining our business records, keeping records of insurance policies we place, and analyzing and improving our business model and services. When using your personal data for these purposes, we ensure our business need does not conflict with the rights afforded to you under applicable laws.
- For the performance of a contract with you or in order to take steps at your request prior to entering into that contract.
- Compliance with legal obligations.
- Fraud detection or prevention.
- Consent, such as when we have to obtain your consent to process your personal data.
When we process sensitive personal data, sometimes referred to as special category data, our legal basis will be one of the following:
- As required to establish, exercise or defend legal claims.
- As necessary for insurance operations when it is in the substantial public interest, where applicable under local data protection laws.
- You have given us your explicit consent--where we receive sensitive person data or special category data indirectly, the third party is responsible for obtaining your explicit consent to enable us to collect and use your data for the purposes described in this Privacy Notice.
We may share your personal data within Artex's group of companies for the purpose of your interaction with us, such as for the provision of our services, general business operations, marketing, data analytics, surveys, benchmarking, and compliance with applicable laws.
We may also share your personal data with the following third parties for the purpose of your interaction with us:
- Professional Advisors, such as underwriters, actuaries, claims handlers and investigators, surveyors, loss adjustors/assessors, accident investigators, specialist risk advisors, pension providers or trustees, banks and other lenders (including premium finance providers), health professionals, health service providers, lawyers (including third party legal process participants), accountants, auditors, tax advisors, financial institutions, investment advisors and other fiduciaries and consultants.
- Business partners, such as customers, (re)insurance companies, brokers, other insurance intermediaries, claims handlers or other companies who act as insurance distributors.
- Providers of insurance broking platforms.
- Service providers, such as IT software, security and cloud suppliers, finance and payment providers, marketing agencies, external venue providers, document management providers, telephony providers, debt collection agencies, background check and credit reference agencies.
- Fraud detection agencies who operate and maintain fraud detection registers.
- Industry bodies.
- Insurers who provide our own insurance.
- Regulators, public authorities and law enforcement agencies, such as police, judicial bodies, governments, quasi-governmental authorities and workers' compensation boards.
- Asset purchasers, such as those who may purchase or to whom we may transfer, our assets and business.
When we share personal data with third parties, we require those third parties (where applicable) to maintain a comparable level of protection of personal data as set out in this Privacy Notice by the use of contractual requirements or other means. On request and where required by law, we will confirm the name of each third party to which your personal data has, or will be, transferred. To the fullest extent permitted by applicable law, we disclaim all liability for the use of your personal data by third parties.
Our Sites are not intended for children and we do not knowingly collect, use, or disclose information about children under the age of 18 without the consent of their parents or legal guardians. In the event that we learn that we have inadvertently collected personal data via our Sites from a child under the age of 18, we will delete that information as quickly as possible.
3. How we protect your personal data
We use a range of organizational and technical security measures to protect your personal data, including the following:
- Restricted access to those who need to know for the purposes set out in our underlying agreement or this Privacy Notice.
- Firewalls to block unauthorized traffic to servers.
- Physical servers located in secure locations and accessible only by authorized personnel.
- Internal procedures governing the storage, access and disclosure of your personal data.
- Additional safeguards as may be required by applicable laws in the jurisdictions where we process your personal data.
Please note that where we have given you (or you have chosen) a password, you are responsible for keeping the password confidential. Please do not share your password with anyone.
4. How we protect your personal data when sending it internationally
We operate as a global business and from time to time may transmit your personal data across borders, including within Artex's group of companies and to certain third parties, including our partners and service providers. This sharing of data allows us to provide you services as set out in our underlying agreement or as otherwise indicated in this Privacy Notice. The laws that apply to the country where the data is transferred may not be equivalent to that in your local jurisdiction (or in the jurisdiction in which we provide the services). Transfers of personal data will be subject to appropriate safeguards to ensure an adequate level of protection and compliance with applicable law. Please contact us using the details provided under the Contact Us section if you would like further information regarding the steps we take to protect your personal data when sending it internationally.
5. Marketing activities
From time to time, we may provide you with information about our products or services or those of our partners that we think will be of interest to you. We may send you this information by email, LinkedIn, SMS, text, post or we may contact you by telephone. We may also share your personal data with other Artex group companies so that they can provide you with information about their products and services we believe will be of interest to you. We 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.
You can opt out of receiving marketing communications from us at any time. For example, you can click on the "unsubscribe" link in our marketing emails to unsubscribe from those emails. Alternatively, please contact us using the details provided under the Contact Us section. In such circumstances, we will continue to send you service-related communications where necessary.
6. Profiling and automated decision-making
Insurance market participants benchmark insured, beneficiary and claimant attributes and risk factors, and insured event likelihoods in order to determine insurance limits, insurance premiums and fraud patterns. This means that we may compile and analyze data in respect of insureds, beneficiaries and claimants to model such likelihoods. In doing so, we may use personal and commercial data in order to create the models and/or match that data against the models (profiling) to determine both the risk and the premium price based on similar exposures and risks. We also use this information to help us advise insurance companies about the typical levels of insurance coverage that our clients may have in place.
We will only make automated decisions about you where:
- Such decisions are necessary for entering into a contract (e.g. we may decide not to offer services to you, the types or amount of services that are suitable for you, or how much to charge you for services based on your credit history or financial or related information we have collected about you;
- Such decisions are required or authorized by law (e.g. fraud prevention purposes); or
- You give your consent for us to carry out automated decision-making.
These automated decisions may have a legal or similar effect on you, namely, your eligibility for or access to products or services.
We may also make automated decisions based on your personal data or browsing history to send you personalized offers, discounts or recommendations, subject to any applicable local laws and regulations. These automated decisions will not have legal or similar effects for you.
Subject to local laws and regulations, you can contact us to request further information about our automated decision-making, object to our use of automated decision-making, or request that an automated decision be reviewed by a human being.
7. How long we keep your personal data
We keep your personal data for as long as reasonably necessary to fulfill the purposes set out in this Privacy Notice based on business needs and legal requirements. When we no longer need your personal data, we de-identify or aggregate the data (in which case we may retain this de-identified or aggregated data for analytics purposes) or securely destroy it. Please note that de-identified or aggregated data is not treated as personal data under this Privacy Notice.
We have a detailed retention policy that governs how long we hold different types of information. Please contact us using the details provided under the Contact Us section for further information regarding how long we keep your personal data.
8. Your personal data rights
Based on the jurisdiction in which you reside, and subject to permitted exemptions, you may have certain rights in relation to your personal data. We are committed to respecting your personal data rights.
You can exercise your rights by contacting us using the details provided in the Contact Us section. We will usually not charge you for processing these requests. There may be cases where we are unable to comply with your request (e.g. via a permitted exemption or where the request would conflict with our obligation to comply with other legal requirements). We will tell you the reason if we cannot comply with your request and we will always respond to any request you make.
9. Contact us
Please contact us if you have any questions about how we collect and process your personal data. You may contact us by writing to email@example.com (for our North American Data Protection Team) and firstname.lastname@example.org (for our International Data Protection Team).
10. Updates to this Privacy Notice
We may update this Privacy Notice from time to time. When we make updates, we will post the current version on our Sites and will revise the version date located at the beginning of the Privacy Notice. We encourage you to review this Privacy Notice periodically so that you will be aware of our current privacy practices.
11. Residents of California, Connecticut, Colorado, Utah and Virginia.
For additional information concerning our privacy practices and your rights, please refer to our United States of America Addendum to the Artex Privacy Notice.
United States of America Addendum to the Artex Risk Solutions Group Privacy Notice
Addendum issued: January 1, 2023
This United States of America Addendum supplements the terms of Artex’s Privacy Notice and applies to individuals who are residents of the United States, as specified below.
This section will provide you with information about our Information Practices and your privacy rights under the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA) and applicable regulations (collectively referred to as "CPRA"). Any terms defined in the CPRA have the same meaning when used in this section.
1. Personal Information we collect
Artex collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household ("CPRA Covered Personal Information" or "personal information"). CPRA Covered Personal Information does not include personal information that has been de-identified or aggregated, or that is publicly available information from government records.
In particular, we have collected the following categories of CPRA Covered Personal Information from consumers (as that term is defined in the CPRA) within the last twelve (12) months: