Privacy

INTRODUCTION

Millstream Underwriting respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data which you provide to us, or which we obtain, when providing services to you, when you use one of our websites or when we deal with you in the course of our business.

This policy applies to personal data we hold relating to insureds, brokers, professional contacts and other third parties. Depending on who you are, and how you interact with us, only some aspects of this policy may apply to you.  

  1. IMPORTANT INFORMATION

Millstream Underwriting is the controller and responsible for your personal data.

If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact:

The Managing Director

Millstream Underwriting Ltd, 52-56 Leadenhall Street, London, EC3A 2EB

Telephone Number: 0207 626 2272

Email address: admin@mstream.co.uk  

Third-party links

Our websites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.  

  1. THE DATA WE COLLECT ABOUT YOU

We collect, use, store and transfer the following data:

Identity and Contact Data: personal and identity data, including your names, date of birth, email address, postal address, telephone number(s), copies of passports and ID, national insurance number;

Financial Data: including details of your bank accounts, tax record, company reports & accounts and sanctions & credit checks

Claims Data: including health & medical details, flight and other location information

Insurance Data: details of the insurance policies you take out and details of the services we provide to you

Employment Data: your employment history and qualifications

Profile Data: Passwords and login details for online accounts

Technical Data: information we collect automatically when you visit our websites, including your IP address, how you use our site and the pages you visit, browser details, and device details

Marketing and Communications Data: includes your preferences in receiving marketing from us and your communication preferences.

Sensitive Data

We may also collect, store and information about your health, including any medical condition, health and sickness records, and medical records and reports;

Details of your ethnicity, sexual orientation, gender and political or religious affiliations may be divulged to us in the course of dealing with a claim or other matter. We do not seek or use this information in the normal course of our business.

Aggregated Data

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Technical Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated 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 in accordance with this privacy notice.

Failure to provide data

Where we need to collect personal data by law, or under the terms of a contract we have with you, or in order to incept a policy for you or your client, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you, or to carry out the functions you are asking us to. In this case, we may have to cancel a policy or service you have.

  1. HOW WE COLLECT YOUR DATA

We collect your data from different sources:

We collect all of the types data listed above directly from you when you interact with us;

We collect Identity and Contact Data, Financial Data, special categories of data, Claims Data and Insurance Data from professionals and others providing you with services, including your broker, accountant, financial advisor, solicitor, or bank and third party service providers that we appoint to deliver the product and services that you have purchased

We collect Technical Data automatically when you interact with our website, by using cookies and other similar technologies.

We may record telephone calls to use for training purposes, to improve our services & their delivery, to deal with complaints or other queries and for quality assurance

We may obtain information from third parties such as Companies House, credit agencies and similar bodies

  1. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to.

We have set out below a description of how we may use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us using the details above if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

 

Purpose/Activity

Lawful basis for processing including basis of legitimate interest

To register you as a user on one of our websites

Necessary for our legitimate interests (to assist insureds in requesting and managing policies online)

To provide services to you and carry out your instructions in connection with our services.

Performance of a contract with you

To share information with your broker and and professional advisors for the purposes of them providing services to you

Necessary for the legitimate interests of a third party (to allow your advisors to provide services to you).

To use and to share information with third parties that we have appointed to enable us to administer policies of insurance underwritten by us, including the transfer and receipt of premiums and commissions, delivery of services and the handling & payment of claims

(a) Necessary for our legitimate interests (to carry out the services we are contractually required to provide for the benefit of insureds and insurers)

(b) Necessary for the legitimate interests of a third party (to allow brokers and/or insurers to provide a service or policy which you have requested)

To review, manage and assess claims made by insureds on policies of insurance

Necessary for our legitimate interests (to carry out services we are contractually required to provide, for the benefit of insureds and insurers)

To make payments in connection with claims on policies of insurance

Necessary for our legitimate interests (to carry out services we are contractually required to provide, for the benefit of insureds and insurers)

To manage queries relating to services we have provided to you or your clients historically, or policies we have underwritten

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to be able to respond to queries about our services)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how brokers and insureds use our products/services)

To enable you to partake in a competition or complete a survey

Necessary for our legitimate interests (to keep our records updated and to study how brokers and insureds use our products/services)

To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

Necessary for our legitimate interests (to study how brokers and insureds use our services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, products/services, marketing, broker and insured relationships.

Necessary for our legitimate interests (to define types of brokers and insureds for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Consent (where you have provided positive consent)

(b) Necessary for our legitimate interests (to develop our services and grow our business)

To invite you to networking and professional events, and to inform you about developments in our business or the insurance sector more widely

(a) Consent (where you have provided positive consent)

(b) Necessary for our legitimate interests (to develop our services and grow our business).

 

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.

In addition, we may process your personal data without your knowledge or consent, where this is required or permitted by law.

Marketing

We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you.

You will receive marketing communications from us in respect of our business and our services if you have requested information from us or purchased services from us and, in each case, you have not opted out of receiving that marketing.

We do not share your contact details with any third party for the purpose of that third party sending marketing.

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting use using the details above at any time.

Automated Decision Making

Business conducted on our online portal(s) may be subject to automated decision-making where business may business may be accepted or declined according to health & medical information that you have provided.

Cookies when using our website

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our policy below.

  1. HOW WE USE PARTICULARLY SENSITIVE DATA

Where we collect particularly sensitive data, we may use it in the following ways:

To assess policy cover, pricing and terms

To effectively handle any claims that are made

When we use this data we do so with your explicit consent.

  1. DISCLOSURES OF YOUR PERSONAL INFORMATION

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 3 above:

Your broker where we interact with a broker in respect of your policy;

Your insurer who provides the insurance policy;

Claims management providers who provide claims handling and management services to us;

Other members of the Nexus group of which Millstream is a wholly owned subsidiary.

Service providers who provide services necessary for the fulfilment of your policy including medical and other facilities, information portals, IT and system administration services.

Our professional advisers including lawyers, bankers, auditors and insurers based in the UK or EEA who provide consultancy, banking, legal, insurance and accounting services.

Government and regulatory bodies including HM Revenue & Customs, the Police, the Financial Ombudsman and the FCA, based in the UK, who require reporting of our processing activities in certain circumstances.

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

We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

  1. INTERNATIONAL TRANSFERS

We may transfer your personal data to third parties providing services to us who are based outside of the European Economic Area (EEA). This includes parties providing claims management services, medical or other services related to claims, IT administration services and hosting services, and parties providing assistance with managing our marketing databases.

Whenever we transfer your personal data outside of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

Transferring data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;

using specific contracts approved by the European Commission which give personal data the same protection it has in Europe; or

for providers based in the US, we may transfer data to them if they are part of the Privacy Shield.

  1. DATA RETENTION

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

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

We keep your data for 7 years from inception or a policy or settlement of a claim whichever is the later.

  1. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are set out below. If you wish to exercise any of the rights set out above, please contact the Managing Director, Millstream Underwriting Ltd.

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 refuse to comply with your request in these circumstances.

Complaint to the ICO

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Your legal rights

Your legal rights are as follows:

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.

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 which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

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: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer 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.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

 

How we use cookies A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

 

Links to other websites Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Version 1 – May 2018