Marsh strongly believes in protecting your privacy and the confidentiality of your Personal Information. In order to explain how Marsh collects, uses and protects Personal Information, we have developed this Privacy Notice. Personal Information is any combination of information, in the possession of or likely to come into the possession of Marsh, that can be used to identify, contact, or locate an individual (“Personal Information”) and will be treated in accordance with this Privacy Notice. This includes any expression of opinion about such individual. Any information which cannot be used to identify an individual (such as aggregated statistical information) is not Personal Information.
This Privacy Notice covers the information practices of websites that link to this Privacy Notice (each referred to as a “Site”). The data controller of this website is Marsh (Bahrain) Company SPC whose registered office is:
150 Unitag House,
1st Floor | Office no. 11
P O Box 3237
Kingdom of Bahrain
Purpose for Collection, Use and Disclosure of Personal Information
Marsh may collect, use and disclose your Personal Information (including individuals associated with you, all of whom are referred to as “you” in this Privacy Notice) in its normal course of business for the following purposes:
- Establishing and maintaining communications with you;
- Arranging insurance cover;
- Handling claims;
- Marketing and client profiling;
- Allowing our affiliated companies to notify you of certain products or services offered by our affiliated companies;
- Processing transactions through service providers;
- Sharing with associations for those clients/participants obtaining insurance coverage by being a member of the association;
- Sharing with financial institutions and other organizations where we have joint marketing agreements;
- Facilitating premium finance arrangements;
- Credit assessments and other background checks;
- Where we believe it is necessary to meet legal, security, processing and regulatory requirements;
- Protecting against fraud, suspicious or other illegal activities;
- Research and statistical analysis ; and
- Building databases for use by Marsh, its clients and insurers.
What Information We Collect
The information gathered by Marsh from this Site falls into two categories: (1) information voluntarily supplied by visitors to our Site and (2) tracking information gathered as visitors navigate through our Site.
Information Voluntarily Provided By You
When using this Site, you may choose to provide us with information to help us serve your needs. The Personal Information that we collect will depend on how you choose to use this Site.
- Where you request a brochure or report
If you request a brochure or report or further information from us, we require you to submit your name, e-mail address, the name of your organization, and the country in which you are based so we may send you the material you have requested, and to enable us to identify if you are an existing client of Marsh.
- Where you register with us and/or request an insurance quote
If you register with the Site, or request an insurance quote, we may ask you for your name, e-mail address, country, telephone number and the reason for your communication, as well as information about your position and organization and such other information as is reasonably necessary so that we can provide you with the quote. On the data submission form, we shall indicate by way of an asterisk, which information is optional and which information is mandatory. This information can include:
- Information you provide on applications or other forms, which may include your name, address, email address, age, personal identification numbers, credit card numbers, credit records, banking information, payment records, medical and health information, employment and income information;
- Information we acquire from and/or transfer to other persons (such as government agencies, industry associations, auditors, claims adjusters, your insurer and your employer) to verify your identity and the accuracy of the information you have provided;
- Information about you received from Marsh affiliates, insurers, other intermediaries, third party providers and others for underwriting or claims purposes (such as previous insurance and claims history) about our Clients and Participants; and
- Information we receive from consumer reporting agencies.
Any Personal Information that you provide will be used for the purpose indicated on the Site or in this Privacy Notice.
Following the quote, if you decide to proceed, we will collect Personal Information necessary to finalise the relevant quote and proceed with the transaction, such as your name, address, post code, contact telephone number, e-mail address, billing address or payment details, as relevant to the product. We will use your Personal Information to administer your policy, process claims and generally manage your relationship with us. We may pass the Personal Information you provide to others. Please see the Disclosure of Information to Others section for information on the categories of recipients of Personal Information.
- Where you submit content
Finally, if you submit content regarding any of the information that you view on our Site, we will ask for your name and e-mail address, so that, if you choose, we can update you by e-mail when others also comment on the content, and also so that we can manage the content in line with our Terms & Conditions.[PA1] You should be aware that the information you provide there will be made publically available to Marsh employees and other users of the Site.
Website Navigational Information – Cookies
As you navigate the Site, we may also collect information through the use of commonly-used information-gathering tools, such as cookies and web beacons (collectively “Website Navigational Information”). Website Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Site (such as the web pages viewed and the links clicked).
Disclosure of Information to Others
We do not disclose any Personal Information about you to any third parties except as stated in this Privacy Notice, as otherwise permitted by law, or authorised by you.
Third parties to whom we disclose your Personal Information are required by law and contractual undertakings to keep your Personal Information confidential and secure, and to use and disclose it for purposes that a reasonable person would consider appropriate in the circumstances, in compliance with all applicable legislation. The purposes for which we may disclose your Personal Information to third parties are as follows:
- To conduct our business as an insurance intermediary and/or risk consultant including for the purposes of arranging insurance cover, handling claims, facilitating premium finance arrangements in respect of which we may disclose your Personal Information to insurers, reinsurers, intermediaries or other brokers, outsourcers, sub-contractors, agents and service providers, premium finance providers and professional advisors and auditors;
- To associations for those Clients/Participants obtaining insurance coverage by being a member of the association;
- To notify you or allow our affiliated companies to notify you of certain products or services offered by our affiliated companies; and
- To update information with credit bureaus and insurance reporting agencies.
If these third parties wish to use your Personal Information for any other purpose, they will have a legal obligation to notify you of this and, where required, to obtain your consent.
In the normal course of performing services for our clients, Personal Information may be shared within Marsh and its affiliates for research and statistical purposes, system administration and crime prevention or detection. This may require Personal Information to be accessed or moved to a country different from the one where the Personal Information was collected. When you supply us with information containing third party Personal Information (names, addresses, or other information relating to living individuals), we will hold and use that Personal Information to perform general insurance and other services for you on the understanding that the individuals to whom the Personal Information relates have been informed of the reason(s) for obtaining the Personal Information, the fact that it may be disclosed to third parties such as Marsh, and have consented to such disclosure and use.
As a number of the service providers (including certain Marsh affiliates) we use are located in jurisdictions other than Dubai International Financial Centre (DIFC) and countries outside the European Economic Area (“EEA”), including the United States, your Personal Information may be transferred to countries, which do not have as robust a data protection regime as DIFC or those countries within the EEA.
The transfer of Personal Information is governed by applicable local laws and regulations and/ or equivalent data transfer agreements (where applicable) to protect the security and confidentiality of your Personal Information.
As we continue to develop our business, we might sell or buy assets. In such transactions, user information, including Personal Information, generally is one of the transferred business assets. Also, if either Marsh itself or substantially all of Marsh assets were acquired, your Personal Information may be one of the transferred assets. Therefore, we may disclose and/or transfer your Personal Information to a third party purchaser in these circumstances.
Other Legally Required Disclosures
Marsh preserves the right to disclose without your prior permission any Personal Information about you or your use of this Site if Marsh has a good faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of Marsh, employees, other users of this Site, or the public; (b) enforce the terms and conditions that apply to use of this Site; (c) as required by a legally valid request from a competent governmental authority; or (d) respond to claims that any content violates the rights of third-parties. We may also disclose Personal Information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
In this Privacy Notice, the purposes identified above and in “Collection, Use and Disclosure of Personal Information” will be referred to as the “Identified Purposes.”
Your knowledge of and consent to Marsh’s collection, use and disclosure of your Personal Information is critical. We rely on the following actions by you as indications of your consent to our existing and future Personal Information practices:
- Your voluntary provision of Personal Information to us directly or indirectly, for example through another insurance intermediary, a representative or your employer for the purposes set out above;
- Your express consent or acknowledgement contained within a written, verbal or electronic document; and
- Your verbal consent solicited by Marsh (or our agent) for a specified purpose.
Where Marsh relies on consent for the fair and lawful processing of Personal Information, the opportunity to consent will be provided when the Personal Information in question is collected. Your consent may be given through your authorised representative such as a legal guardian, agent or holder of a power of attorney.
Subject to certain legal or contractual restrictions and reasonable notice, you may withdraw this consent at any time. Marsh will inform you of the consequences of withdrawing your consent. In some cases, refusing to provide certain Personal Information or withdrawing consent for Marsh to collect, use or disclose your Personal Information could mean that we cannot obtain insurance coverage or other requested products, services or information for you.
If you wish to withdraw your consent please refer to the Questions or To Withdraw Consent sections below.
However, there are a number of instances where Marsh does not require your consent to engage in the processing or disclosure of Personal Information. Marsh may not solicit your consent for the processing or transfer of Personal information for those purposes which have a statutory basis, such as:
- The transfer or processing is necessary for the performance of a contract between you and Marsh (or one of its affiliates);
- The transfer or processing is necessary for the performance of a contract, concluded in your interest, between Marsh (or one of its affiliates) and a third party;
- The transfer or processing is necessary, or legally required, on important public interest grounds, for the establishment, exercise, or defense of legal claims, or to protect your vital interests; or
- The transfer or processing is required by applicable law.
Limiting Collection and Retention of Personal Information
Marsh will collect, use, or disclose Personal Information that is necessary for the Identified Purposes or as permitted by law. If we require Personal Information for any other purpose, you will be notified of the new purpose, and subject to your consent (where appropriate), that new purpose will become an Identified Purpose.
Marsh will collect Personal Information by fair and lawful means. We will normally retain Personal Information as long as necessary for the fulfillment of the Identified Purposes. However, some Personal Information may be retained for longer periods as required by law, contract, or auditing requirements.
We have in place physical, electronic and procedural safeguards appropriate to the sensitivity of the information we maintain regarding Clients and Participants. Safeguards will vary depending on the sensitivity, format, location, amount, distribution and storage of the Personal Information. They include physical, technical, and managerial measures to keep Personal Information protected from unauthorized access. Among such safeguards are the encryption of communications via SSL, encryption of information while it is in storage, firewalls, access controls, separation of duties, and similar security protocols. However, due to the nature of the Internet and related technology, we cannot absolutely guarantee the security of Personal Information, and Marsh expressly disclaims any such obligation.
Marsh Sites may include links to other websites whose privacy policies we do not control. Once you leave our servers (you can tell where you are by checking the URL in the location bar on your web browser), use of any Personal Information you provide is governed by the privacy notice of the operator of the website you are visiting. That notice may differ from ours. If you can't find the privacy notice of any of these websites via a link from the website's homepage, you should contact the website directly for more information.
Accuracy, Accountability, Openness and Customer Access
It is important that the Personal Information (e.g. email address) that we hold about you is accurate, complete and up-to-date. If any of your details change you can update us by e-mailing your usual Marsh contact or email@example.com. Please keep us informed of changes to your Personal Information.
You have the right to access your Personal Information and request rectification of any Personal Information in the file that may be obsolete, incomplete or incorrect. However, to secure your Personal Information, Marsh does not provide online access to its customers to view or amend Personal Information in its database.
To Withdraw Consent
You may exercise your right to withdraw your consent to applicable uses or disclosures of your Personal Information (which may limit or terminate the products and services that Marsh provides to you) by contacting your usual Marsh contact and/or sending an email to firstname.lastname@example.org. We will need to validate the identity of anyone making such a request to ensure that we do not provide your information to anyone who does not have the right to such information.
Questions, Requests or Complaints
If you have any questions about this Privacy Notice, want to access your Personal Information or wish to make a complaint about this Privacy Notice, you can do so by writing to email@example.com
The Privacy Notice is subject to change at any time. It was last changed on October 2017. If we make changes to this Privacy Notice, we will update the date it was last changed. Any changes we make to this Privacy Notice become effective immediately when we post the revised Privacy Notice on this Site. We recommend that you review this Privacy Notice regularly for changes.
Our Contractual Arrangements with Insurers
Marsh has agreements with certain insurers pursuant to which Marsh provides services to them and for which Marsh is compensated to the extent permitted by law and regulation in each country in which Marsh operates. Examples include captive management services, claims administration services, claims management software and associated services, mergers and acquisitions due diligence services, insurer consulting services, managing general agent and managing general underwriter services and insurance brokerage services regarding insurers’ own insurance programs. Marsh is also party to agreements with insurers that facilitate insurance transactions, including agency agreements, agreements to administer facilities, and agreements to operate internet-based insurance placing facilities.
Marsh also routinely enters into various types of agreements with insurers that are ancillary to the insurance broking process, or other services performed on behalf of clients. Examples include confidentiality and nondisclosure agreements for the release of data relating to insurance placements, claims handling and loss control programs, nondisclosure and/or noncompetition agreements relating to the development and disclosure of new insurance products and services, and licensing agreements governing access to and use of data management systems and databases.
For more information on Marsh’s compensation or Marsh’s contractual arrangements with insurers, please contact firstname.lastname@example.org.
Marsh is compensated in a variety of ways, including commissions and fees paid by insurance companies and fees paid by clients. Marsh may receive compensation through one or a combination of the methods listed below.
A retail commission is paid to Marsh by the insurer as a percentage of the premium charged to the insured for the policy. The amount of commission may vary depending on a number of factors, including the type of insurance product sold and the insurer selected by the client. Retail commission rates can vary from transaction to transaction.
Some clients may agree to pay Marsh a fee for Marsh’s services in lieu of, or in addition to, retail commissions paid by insurance companies. The fee may be collected in whole or in part through the crediting of retail commissions collected by Marsh for the client's placements.
Insurer Consulting Compensation
Marsh receives compensation from insurers for providing consulting, data analytics or other services. The services are designed to improve the product offerings available to our clients, assist insurers in identifying new opportunities, and enhance insurers’ operational efficiency. The scope and nature of the services vary by insurer and by geography. In the US, Canada and Bermuda, this compensation can be paid in the form of a fixed fee, a percentage of premium, or a combination of both. Outside of those countries, Marsh is compensated for these services through fees.
Some insurers agree to pay Marsh contingent commissions when we meet set goals for insurance policies placed with them during a given year or other time period. The set goals may include volume, profitability, retention and/or growth thresholds. The amount of contingent commission earned may vary depending on factors relating to an entire book of business over the course of the year or period. As a result, the amount of contingent commission attributable to any given insurance policy typically will not be known at the time of placement.
Compensation for Insurer Administration and Other Services
Marsh operates certain panels, facilities, quota shares and other placement arrangements with insurers. Marsh receives separate compensation for administering these arrangements that is in addition to any other fee or commission earned by Marsh.
Other Benefits or Compensation
Marsh may, from time to time, participate in insurance company promotional events or employee training and development provided by insurers. Sometimes, Marsh is reimbursed by insurers for its costs related to promotional marketing. Where legally permitted, Marsh earns interest and other income on premium accounts, as paid to us by the financial institutions where insurance premiums are held prior to remittance to insurers.
For more information on Marsh’s compensation or Marsh’s contractual arrangements with insurers, please contact email@example.com.