Introduction

We, Beta Aviation ApS (who is an appointed Coverholder for certain underwriters at Lloyd’s of London and Lloyd’s Insurance Company S.A.), with whom you may have arranged your insurance will, at all times, treat all data strictly in accordance with The General Data Protection Regulations (GDPR) with effect from 25th May 2018.

If you have any questions or need further information, you can e-mail us at info@betaaviation.dk or write to our Data Protection Officer at Havnegade 39, DK-1058 Copenhagen, Denmark.

Data Controller and Data Processor

We will ensure data is processed lawfully, fairly and in an open and transparent manner and ensure appropriate security measures are in place against unauthorised or unlawful processing or accidental loss, destruction or damage using appropriate technical or organisational measures. (such as restricting access to key people within our organisation for certain aspects of your information; and periodically checking the level of security we apply to prevent unauthorised use, accidental loss, or misuse of your information).

The contractual arrangements we have in place with our suppliers (such as the insurance companies we use, our customer database software provider, and similar providers of services to us, including other third-party companies who use our services), are governed by and shall be deemed to operate strictly in accordance with the terms of such contracts. Importantly, these contracts set out to define how data will be processed between us, and providers of services to us, including circumstances when we act as a processor or controller as is required by the GDPR.

When we act as a controller of your data, we will, in certain circumstances also process your data and as a controller also determine the purposes and means of processing that data; in particular this will include the data processed by us as an agent of an insurer operating underwriting facilities and data processed by third parties whose services we may use.

Lawful Basis

Collecting information about you:

When we collect information about individuals, we may collect personal data which may include a variety of information about an individual (e.g. their name, address of residence, communication and contact details, and other personal information, such as a date of birth).

Where relevant to do so we may also collect information relating to an individual, indirectly by reference to an identifier (e.g. an IP address, which is a unique number identifying your computer, laptop or similar portable device).

In certain circumstances (and only when appropriate to do so, such as when required by insurer(s) or similar provider of services to us requires us to do so) we will collect information from a variety of different sources (e.g. publicly available sources, such as social media and networking sites; third party databases generally available to the financial services sector, and the wider commerce and industry including, Lloyd’s of London, claims management firms, loss adjusters and or other suppliers appointed in the process of handling a claim or credit reference and similar agencies), this may also include information from you regarding your past insurance policies and arrangements.

Using information about you:

We will use information, including sensitive information, about individuals, and other parties related to our insurance activities, because it is principally:

• necessary for the performance of or to take steps for an individual to enter into a contract of insurance; or
• it is necessary for compliance with a legal obligation; or
• it is necessary to protect the vital interests of a data subject or another person; and
• necessary for our own legitimate interests or those of other controllers or third parties (e.g. to search at credit reference agencies, monitor e-mails, calls and other communications or for market research, analysis and developing statistics) except where such interests are overridden by the interests, rights or freedoms of the data subject.

These bases include, providing an insurance quotation, arranging and placement of a policy or access to an underwriting facility, and providing administration through-out the lifecycle of an insurance arrangement as well assisting with making a claim.

When processing personal data for profiling purposes, we will ensure appropriate safeguards are in place, ensuring:

• processing is fair and transparent and provide meaningful information about the logic involved; as well as the significance and the envisaged consequences;
• use appropriate mathematical or statistical procedures for the profiling;
• appropriate technical and organisational measures are in place to enable inaccuracies to be corrected and minimise the risk of errors; and
• secure your personal data in a way that is proportionate to the risk to your interests and rights and prevents discriminatory effects.

We will also use your information when there is a justifiable reason for doing so, such as compliance with legal obligation (e.g. for the prevention and detection of fraud and financial crime, which may include processes which profile you); and for the recording and monitoring of telephone calls for auditing reasons.

Sharing your information:

We will share information, including sensitive information, about you, and other parties related to this insurance because it is:

• necessary for the performance of or to take steps for you to enter into a contract of insurance; or
• necessary for compliance with a legal obligation; or
• necessary to protect your vital interests; or
• necessary for our own legitimate interests or those of other controllers or third parties; and
• necessary for a task carried out in the public interest or for an exercise of an official authority (e.g. a regulatory body).

This includes sharing your information with carefully selected third parties providing a service to us or on our behalf, these include, the insurance companies with who we deal, (you can write to our Data Protection Officer should you wish to view a list of all the insurance companies with whom we have arrangements).

What we will not do with your information

Unless required to do so by law, or for other similar reasons, other than those outlined (see sharing your information) we will never otherwise share personal information without good reason and without ensuring the appropriate care and necessary safeguards are in place; we will in any other event ask for your consent to share that information and explain the reasons.

How long we will keep information

We will only keep and or maintain information about an individual for as long as is necessary in providing our products and services or for compliance with a legal or regulatory obligation.

This means, we will only keep, information that is necessary to keep so that we can sufficiently deal with administrative issues, queries, claims and or for compliance with legal reasons; usually we will keep information for a minimum retention period of 7 years and or maximum period of 40 years, after cessation of a product or service we have provided.

However, we will keep information for much shorter periods if that information related merely to a quotation which did not then result in a contract of insurance being arranged; in these circumstances we will keep information for a minimum retention period of 12 months and or maximum period of 18 months unless such information becomes manifestly out-of-date in which case we may keep quotation information for shorter periods.

In any event all information shall be stored in strict compliance with the GDPR legislation at all times; and using appropriate technical or organisational measures we will regularly:

• review the length of time we keep and or maintain information about you;
• consider the purpose or purposes why we hold the information about you in deciding whether (and for how long) to retain it;
• securely delete information about you that is no longer needed for this purpose or these purposes; and
• update, archive or securely delete information about you if it goes out of date.

Sensitive Data

In carrying out our duties as Data Controller and Data Processor we will collect sensitive information, about you, and other parties related to this insurance because it is:

• necessary for the performance of or to take steps for you to enter into a contract of insurance; or
• necessary for compliance with a legal obligation
• necessary to protect your vital interests;
• necessary for our own legitimate interests or those of other controllers or third parties; and
• necessary for a task carried out in the public interest or for an exercise of an official authority (e.g. a regulatory body)

Use and storage of your information

We will never knowingly transfer, store, or process information about you or an individual, outside the European Economic Area (EEA). In any event, if we are compelled to transfer your information outside the EEA (e.g. because it is an insurance arrangement with an Insurance Company who is outside the EEA or part of a larger group of companies who pass information outside the EEA) it shall be in compliance with the conditions for transfer set out in the GDPR and or restricted to a country which is considered to have adequate data protection laws. All reasonable steps shall typically have been undertaken to ensure the firm to which information is being transferred has suitable standards in place to protect such information.

Using our Website and Cookies

You will be asked to accept a cookie, which is a small file of letters and numbers that is downloaded on to your computer when you visit any of our group of companies’ websites. This will be clearly explained to you when you visit the website and you will typically have to accept the cookie to benefit from the services the website can offer.

Cookies are operated in strict accordance with Privacy and Electronic Communications Regulations 2011 (PECR) and are widely used by many websites and primarily enable the website to remember an individual’s preferences, recording information the individual may have entered into the web pages.

These same rules also apply if any individual accesses or uses any other type of technology to gain access to information stored electronically by us.

Individual Rights

Individuals have a number of rights relating to the information we hold these rights include but are not limited to:

• a copy of the personal information we hold (once requested, we have a maximum of one month to give an individual such information);
• rectify information, if it is inaccurate or incomplete;
• request the deletion or removal of an individual’s personal data where there is no compelling reason for its continued processing;
• suppress processing of an individual’s personal data, when processing is restricted, we are permitted to store the personal data, but not carry out further processes. We will retain sufficient information about the individual to ensure that the restriction is respected in future (see Marketing);
• object to certain uses of an individual’s personal information (see Marketing);
• in certain circumstance to not be subject to a decision when it is based on automated processing; and or it produces a legal effect or a similarly significant effect on an individual;
• withdraw any permission you or an individual may have previously provided; and
• complain to the Information Commissioner’s Office at any time if you or an individual is not satisfied with our use of such information.

Individuals can request a copy of the personally identifiable information we hold by contacting us about them, including the right to have such information in a portable form ‘a right to data portability’ so we will normally, not only provide the information free of charge (however we may apply a charge where information requests are excessive) but we will provide that information in a format that is easily accessible, sometimes in a CSV format, should an individual require it in that format to ensure information can be exchanged easily with other organisations.

If you would like further information or wish to make a Subject Access Request (SAR) you can e-mail info@betaaviation.dk or write to our Data Protection Officer at Havnegade 39, DK-1058 Copenhagen, Denmark.

Research and analysis

Personal information we hold may be converted into statistical or aggregated data (e.g. this is data which cannot be traced back to an individual) to produce or undertake statistical or analytical research and development work, which may be shared with us, who provide the underwriting services that we access to enable us to provide suitable insurance arrangements to the insurance market now and in the future.

We may continue using personally identifiable information we may hold, specifically relating to an individual’s past insurance arrangements or policies, after cessation of any insurance arrangement with us for further processing (e.g. research and analysis).