At GCube (“we“, “us“, “our“), we occasionally collect and use information which may identify individuals (“personal data“), including insured persons or claimants (“you“, “your“). We understand our responsibilities to handle personal data with care, to keep it secure and to comply with applicable data protection laws.

The purpose of this Fair Processing Notice is to provide a clear explanation of when, why and how we collect and use your personal data (“Notice“). We have designed it to be as user friendly as possible, and have labelled sections to make it easy for you to navigate to the information that may be most relevant to you. Please note that where we act as Coverholder for insurers, we shall provide you with the privacy notices and the contact details of these insurers at first opportunity.

Do read this Notice with care. It provides important information about how we use personal data and explains your legal rights. This Notice is not intended to override the terms of any insurance policy you have with insurers or contract you have with us or any rights you might have available under applicable data protection laws.

We may amend this Fair Processing Notice from time to time for example, to keep it up to date or to comply with legal requirements or changes in the way we operate our business. Please regularly check this Notice for updates.

CONTENTS

  1. Who is responsible for looking after your personal data?
  2. What personal data do we collect?
  3. When do we collect your personal data?
  4. What do we use your personal data for?
  5. How do we use personal data?
  6. Who do we share your personal data with?
  7. International transfers
  8. Data analytics
  9. How long do we keep your personal data?
  10. What are your rights?
  11. Contact and complaints

APPENDIX 1 – CATEGORIES OF PERSONAL DATA

APPENDIX 2 – LEGAL BASIS FOR PROCESSING

APPENDIX 3 – GLOSSARY

1. Who is responsible for looking after your personal data?

GCube Underwriting Limited (“GCube“) is either provided with your personal data or in some cases may originally be responsible for collecting your information and is a Controller in respect of that personal data.

 


2. What personal data do we collect?

Insured Persons. In order to advise, arrange, place and administer insurance policies, we collect information about the policyholder and related parties. This may include background and contact information on the policyholder or their representative, and matters relevant to the management of the insurance policy and assessment of risk. The policyholder may be an individual, company or their representative. The level and type of personal data we collect varies depending on the type of policy that you have. In some instances, it is necessary for us to collect and use Special Categories of Data, such as information about a past criminal conviction or health details. We are required to establish a legal exemption to use your Special Categories of Data – see Section 5 for further details. From time to time, you may need to provide us with the personal data of third parties, for example an injured third party relevant to a claim under a liability policy. Wherever possible, you should take steps to inform the third party that you need to disclose their details to us, identifying GCube as your broker and providing them with a copy of this Fair Processing Notice.

Claimants. If you are making a claim under a policy, we will collect your basic contact details, together with information about the nature of your claim and any previous claims. If you are an Insured Person we will need to check details of the policy you are insured under and your claims history.  Depending on the nature of your claim, it may be necessary for us to collect and use Special Categories of Data, such as details of a personal injury you may have suffered during an accident. We are required to establish a legal exemption to use your Special Categories of Data – see Section 5 for further details.

For more information on what information we collect, please see Appendix 1.

 


3. When do we collect your personal data?

Insured Persons

Claimant

 


4. What do we use your personal data for?

Insured Persons. If you are an insured person we will use your personal data to advise you of your risks and arrange your insurance policies for you. The underwriting process may include Profiling, details of which would be available from your insurer. Once we have provided you with your policy, we will use your personal data to administer your policy, deal with your queries, manage mid-term amendments and changes to policies and manage the renewal process. We may also send you marketing materials (where we have appropriate permissions or where it is in our legitimate interests to do so). We will also need to use your personal data for purposes associated with our legal and regulatory obligations as an insurance intermediary.

Claimants. If you are a claimant we will use your personal data to assess the merits of your claim, and potentially to pay out a settlement. We may also need to use your personal data to evaluate the risk of potential fraud. We may use personal data related to your claim to inform the renewal process and potentially any future policy applications.

 


5. How do we use personal data?

We will make sure that we only use your personal data for the purposes set out in Section 4 and in Appendix 2 where we are satisfied that:

Before collecting and/or using any Special Categories of Data we will establish a lawful exemption which will allow us to use that information.  This exemption will typically be:

PLEASE NOTE. If you provide your explicit consent to permit us to process your Special Categories of Data, you may withdraw your consent to such processing at any time.  However, you should be aware that if you choose to do so we may be unable to continue to provide insurance services to you (and it may not be possible for the insurance cover to continue). This may mean that we will not be able to arrange and place your policies, advise you on your risks, assist you with any policy enquiries or assist you with claims you have made against the policies.  If you choose to withdraw your consent we will tell you more about the possible consequences, including the effects of cancellation, (which may include that you have difficulties finding other cover), as well as any associated cancellation fees.

Please see Appendix 2 to find out more about the information we collect and use about you and why.

 


6. Who do we share your personal data with?

We work with many third parties, to help manage our business and deliver services. These third parties may from time to time need to have access to your personal data.

For Insured Persons these third parties may include:

For Claimants this may include:

We may be under legal or regulatory obligations to share your personal data with courts, regulators, law enforcement or in certain cases other insurers. Also, if we were to sell part of our businesses we would need to transfer your personal data to the purchaser of such businesses.

 


7. International transfers

From time to time, we may need to share your personal data with some of our Service Providers who may be based outside of the European Economic Area (“EEA“). Depending on the services we provide to you, we may also transfer your personal data to Insurers, Reinsurers or Assistance Providers, who may be located outside the EEA. We will always take steps to ensure that any international transfer of information is carefully managed to protect your rights and interests:

You have the right to ask us for more information about the safeguards we have put in place as mentioned above. Contact us as set out in Section 11 if you would like further information or to request a copy where the safeguard is documented (which may be redacted to ensure confidentiality).

 


8. Data analytics

We routinely analyse information in our various systems and databases to help improve the way we run our business, to provide a better service and to enhance the accuracy of our risk models.  We take steps to protect privacy by aggregating and where appropriate anonymising data fields (particularly in relation to policy information and claim details) before allowing information to be available for analysis.

 


9. How long do we keep your personal data?

We will retain your personal data for as long as is reasonably necessary for the purposes listed in Section 4 of this Notice. In some circumstances, we may retain your personal data for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax or accounting requirements.

In specific circumstances, we may also retain your personal data for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal data or dealings.

We maintain a data retention policy which we apply to records in our care. Where your personal data is no longer required, we will ensure it is either securely deleted or stored in a way which means it will no longer be used by the business.

 


10. What are your rights?

You have a number of rights in relation to your personal data.

Where you are a data subject, you may request access to your data, correction of any mistakes in our files, erasureof records where no longer required, restriction on the processing of your data, objection to the processing of your data, data portability and various information in relation to any Automated Decision Making and Profiling or the basis for international transfers.  You may also exercise a right to complain to your Supervisory Authority. These are set out in more detail as follows:

RIGHT WHAT THIS MEANS
Access You can ask us to:

  • confirm whether we are processing your personal data,
  • give you a copy of that data,
  • provide you with other information about your personal data such as what data we have, what we use it for, who we disclose it to, whether we transfer it abroad and how we protect it, how long we keep it for, what rights you have, how you can make a complaint, where we got your data from and whether we have carried out any Automated Decision Making or Profiling, to the extent that information has not already been provided to you in this Notice.
Rectification You can ask us to rectify inaccurate personal data. We may seek to verify the accuracy of the data before rectifying it.
Erasure You can ask us to erase your personal data, but only where:

  • it is no longer needed for the purposes for which it was collected, or
  • you have withdrawn your consent (where the data processing was based on consent), or
  • following a successful right to object (see ‘Objection’ below), or
  • it has been processed unlawfully, or
  • to comply with a legal obligation to which GCube is subject.

We are not required to comply with your request to erase your personal data if the processing of your personal data is necessary:

  • for compliance with a legal obligation, or
  • for the establishment, exercise or defence of legal claims.

There are certain other circumstances in which we are not required to comply with your erasure request, although these two are the most likely circumstances where we would deny that request.

Restriction You can ask us to restrict (i.e. keep but not use) your personal data, but only where:

  • its accuracy is contested (see Rectification), to allow us to verify its accuracy, or
  • the processing is unlawful, but you do not want it erased, or
  • it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims, or
  • you have exercised the right to object, and verification of overriding grounds is pending.

We can continue to use your personal data following a request for restriction, where:

  • we have your consent (for example to process a claim), or
  • to establish, exercise or defend legal claims, or
  • to protect the rights of another natural or legal person, or

to comply with legal obligations to which GCube is subject.

Portability You can ask us to provide your personal data to you in a structured, commonly used, machine-readable format, or you can ask to have it ‘ported’ directly to another Controller, but in each case only where:

  • the processing is based on your consent or the performance of a contract with you; and
  • the processing is carried out by automated means.
Objection You can object to any processing of your personal data which has our ‘legitimate interests’ as its legal basis (see Section 5), if you believe your fundamental rights and freedoms outweigh our legitimate interests.Once you have objected, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.
International Transfers You can ask to obtain a copy of, or reference to, the safeguards under which your personal data is transferred outside of the European Economic Area. We may redact data transfer agreements or related documents (i.e. obscure certain information contained within these documents) for reasons of commercial sensitivity.
Supervisory Authority You have a right to lodge a complaint with your local Supervisory Authority about our processing of your personal data. In the UK, the Supervisory Authority for data protection is the ICO (https://ico.org.uk/). We do ask that you please attempt to resolve any issues with us first, although you have a right to contact your Supervisory Authority at any time.

To exercise your rights you may contact us as set out in Section 11. Please note the following if you do wish to exercise these rights:

 


11. Contact and complaints

The primary point of contact for all issues arising from this Notice, including requests to exercise data subject rights, is our Data Protection Officer.  The Data Protection Officer can be contacted in the following ways:

GCube_UKDPO@gcube-insurance.com

Data Protection Officer
155 Fenchurch Street
London
EC3M 6AL

If you have a complaint or concern about how we use your personal data, please contact us in the first instance and we will attempt to resolve the issue as soon as possible. You also have a right to lodge a complaint with your national data protection supervisory authority at any time.

APPENDIX 1 – CATEGORIES OF PERSONAL DATA

INFORMATION TYPE EXAMPLES OF DETAILS OF INFORMATION THAT WE TYPICALLY CAPTURE
Insured person
Contact Details / Personal Attributes / Personal Directory Name, address, telephone number, email, age or date of birth, National Identifier, licences e.g. driver or pilot
Policy Information Policy number, relationship to the policyholder, details of policy including insured amount, exceptions etc., previous claims
Personal Risk Information/Background Checks Gender, marital status, date of birth, claims history, professional history, CV, background/vetting information, claims historySpecial Categories of Data

Health Data – e.g. physical and mental conditions, medical history and procedures, relevant personal habits (e.g. smoking), drug test results

Criminal Data – e.g. driving offences, unspent convictions

Financial Information Bank account details (where you are the payer of the policy premium) or card data used for billing, salary or wage details, insured amounts
Marketing Name, email address, interests/marketing list assignments, record of permissions or marketing objections, website data (including online account details, IP address)
Anti-fraud Data Name, address, history of fraudulent claims, employment history, details of incident giving rise to claimSpecial Categories of Data

Criminal Data – e.g. unspent convictions

Claimant
Contact Details / Personal Attributes / Personal Directory  Name, address, passport, age or date of birth, National Identifier, email, marital status, birth certificate, death certificate, passport
Policy Information
(excluding third party claimants)

Policy number, relationship to the policyholder/insured person, details of policy including insured amount, exceptions etc., previous claims
Claim Details
Details of incident giving rise to claim, CCTV and video footage, utility billsSpecial Categories of Data

Health Data – e.g. details of injury, medical report, drug test results

Criminal Data – e.g. driving offences, police reports

Trade Union Membership

Financial Information
Bank account details used for payment, salary details
Anti-fraud Data
Name, address, history of fraudulent claims, employment history, details of incident giving rise to claim

Special Categories of Data

Criminal Data – e.g. unspent convictions

APPENDIX 2 – LEGAL BASIS FOR PROCESSING

Activity Type of information The basis on which we use the information Who we may disclose the information to
Insured person
Set up a record on our systems
  • Contact Details
  • Policy Information
  • Personal Risk Information
  • Marketing
  • Performance of a contract to which the data subject is a party
  • Legitimate interests (to ensure we have an accurate record of all Insured Persons we cover)
  • Service Providers
Carry out background, sanction, fraud and credit checks
  • Contact Details
  • Personal Risk Information
  • Criminal Data
  • Legal obligation
  • Service Providers
  • Credit reference agencies
  • Anti-fraud databases
Consider the underwriting submission, assess risk and write policy
  • Personal Risk Information
  • Health Data
  • Criminal Data
  • Take steps to enter into a contract with a data subject
  • Legitimate interests (to determine the likely risk profile and appropriate level, cost and type of cover to extend, if any and to place the policy on behalf of the insured)
  • Consent, where required by law
  • Local law exemptions
  • Insurers
  • Reinsurers
  • Service Providers
Manage renewals
  • Contact Details
  • Policy Information
  • Personal Risk Information
  • Health Data
  • Criminal Data
  • Performance of a contract to which the data subject is a party
  • Legitimate Interests (to determine whether to extend cover for a renewal period, and if so, on what terms and to extend the cover on behalf of the insured)
  • Consent, where required by law
  • Insurer
  • Service Providers
Provide client care, assistance and support
  • Contact Details
  • Policy Information
  • Performance of a contract to which the data subject is a party
  • Legitimate interests (to provide support, assistance and advice to customers in respect of their policy)
  • Consent, where required by law
  • Assistance Providers
  • Service Providers
Receive and return premiums and payments
  • Contact Details
  • Financial Information
  • Performance of a contract to which the data subject is a party
  • Legitimate interests (to enable the placing of cover with the insurer)
  • Banks
  • Insurers
  • Insured/Client
  • Service Providers
Marketing
  • Contact Details
  • Marketing
  • Legitimate interests (to provide information about insurance products or services which may be of interest)
  • Consent
  • Service Providers
Comply with legal and regulatory obligations
  • Contact Details
  • Policy Information
  • Personal Risk Information
  • Financial Information
  • Legal obligation
  • Regulators (e.g. FCA, ICO)
  • Law enforcement bodies
  • Courts
Claimant
Receive notification of claim
  • Contact Details
  • Policy Information
  • Claim Details
  • Performance of a contract to which the data subject is a party
  • Legitimate interests (third party claimants) (to maintain an accurate record of all claims received and the identity of claimants)
  • Third Party Administrators
  • Assistance providers
  • Service providers
Assess claim
  • Claim Details
  • Anti-Fraud Details
  • Policy Information
  • Health Data
  • Criminal Data
  • Performance of a contract to which the data subject is a party
  • Legitimate interests (to assess the circumstances and validity of a claim)
  • Consent, where required by law
  • Establish, exercise or defend legal claims
  • Third Party Administrators
  • Loss Adjusters
  • Solicitors
  • Claims Experts
  • Insurers
  • Assistance Providers
  • Service Providers
Monitor and detect fraud
  • Contact Details
  • Claim Details
  • Anti-fraud Data
  • Legal Obligations
  • Law enforcement bodies
  • Service Providers
Settle claim
  •  Contact Details
  • Financial Information
  • Performance of a contract to which the data subject is a party
  • Legitimate interests (third party claimants) (to settle claims to successful third party claimants)
  • Solicitors
  • Third Party Administrators
  • Claimants
Comply with legal and regulatory obligations
  • Contact Details
  • Policy Information
  • Claim Details
  • Financial Information
  • Anti-fraud Data
  • Legal obligation
  • Regulators (e.g. FCA, PRA, ICO)
  • Law enforcement bodies
  • Courts

APPENDIX 3 – GLOSSARY

Assistance Providers: these are a special category of service provider, which we use to help provide you with emergency or other assistance in connection with certain policies.

Claims Experts: these are experts in a particular field which is relevant to a claim, for example medicine, forensic accountancy, mediation or rehabilitation, who are engaged to help us properly assess the merit and value of a claim, provide advice on its settlement, and advise on the proper treatment of claimants.

Controller: means a natural or legal person (which determines the means and purposes of processing of personal data).

Coverholder: means a company authorised by insurers to enter into a contract or contracts of insurance.

FCA: the Financial Conduct Authority, which is a financial regulatory body in the UK.

ICO: the Information Commissioner’s Office regulates the processing of personal data by all organisations within the UK.

Insured Person: we use this term to refer to both individual policyholders, as well as any individual who benefits from insurance coverage under one of our policies (for example, where an employee benefits from coverage taken out by their employer).

Insurer: a company that underwrites an insurance risk.

Loss Adjuster: these are an independent claims specialist which investigates complex or contentious claims on our behalf.

Policyholder: means the original insured, assured, insured and reinsured.

PRA: the Prudential Regulation Authority, which is a financial regulatory body in the UK. The PRA focuses on the prudential regulation of financial services firms. When discharging its general functions, the PRA is responsible for contributing to the securing of an appropriate degree of protection for policyholders.

Profiling: means using automated processes without human intervention (such as computer programmes) to analyse your personal data in order to evaluate your behaviour or to predict things about you which are relevant in an insurance context, such as your likely risk profile.

Reinsurer: an insurer who insures the risks of other insurance companies.

Service Providers: these include a range of third parties to whom we outsource certain functions of our business or with whom we have engaged to provide certain services. For example, we have service providers who provide/support ‘cloud based’ IT applications or systems, which means that your personal data will be hosted on their servers, but under our control and direction. We require all our service providers to respect the confidentiality and security of personal data.

Solicitors: we frequently use solicitors to advise on complex or contentious claims or to provide us with non-claims related legal advice. In addition, if you are a claimant you may be represented by your own solicitor(s).

Special Categories of Data: means any personal data relating to your health, genetic or biometric data, criminal convictions, sex life, sexual orientation, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership.

Third Party Administrators (or TPAs): these are companies outside the GCube Group which administer the underwriting of policies, the handling of claims, or both, on our behalf. We require all TPAs to ensure that your personal data is handled lawfully, and in accordance with this Policy and our instructions.