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We value the privacy of your personal information.
This McLarens Privacy Statement outlines how we collect, hold, use and disclose your personal information in Brazil. This Privacy Statement applies to both McLarens companies in Brazil – McLarens Young do Brazil Ltda and McLarens Aviation Brazil Ltda.
By visiting our website, using any of our services, or providing us with your personal information, you agree to your personal information being collected, held, used and disclosed as set out in this Privacy Statement.
The Purposes for Which We Hold, Use and Disclose Personal Information
We collect personal information to assist our clients in investigating, assessing and settling insurance and other claims (e.g. when we act for an insurer, this will involve us collecting personal information from insureds, claimants and other third parties involved in the claim, as well as checking the validity of such information). We also hold data in relation to aviation matters, including aviation insurance claims, risk surveys salvage sales and asset management assignments.
We hold limited personal data which we use to inform our clients employees about corporate events and services that we provide. No such communication will be sent to those who withdraw their consent.
We also use the personal information that we hold, to contact you, to notify you about changes to our service, to verify your identity, and to provide customer support.
We provide the personal information we collect to our insurer clients, their agents and advisers such as lawyers. This is to assist the insurer or their agent to manage and administer their relationship with the insured, and to decide or advise on payment of a claim. We also provide personal information to other third parties who can confirm the information provided to us (e.g. repairers, witnesses to a claim or law enforcement agencies) to assist us in providing our insurance claims services (e.g. our investigators and other agents and contractors) or to assist with asset management assignments.
We may also hold and use your personal information, and disclose your personal information to relevant third parties for the following purposes:
Occasionally we may be required or authorised to collect personal information because of laws in Brazil or an order of a Court / Tribunal. If we are collecting personal information for this purpose, and we are permitted to do so, we will tell you. We may also transfer your personal information outside Brazil where the relevant third party is located outside of Brazil (for example, to an insurer and reinsurers and their representatives who are located overseas). Our contractual arrangements with these entities generally include an obligation for them to comply with Brazilian data protection laws.
The categories of personal data we process when handling claims are determined by the data controllers we are acting for and based on their instructions to us.
Personal Information We Collect and Hold
The personal information we collect and / or hold about you and other individuals (such as a co-insured or your spouse, partner or children) may include:
information relevant to providing a service such as:
What Happens if You Don’t Give Us Your Personal Information
If you don’t provide us with the required personal information, we and our clients may not be able to provide you with some or all services (e.g. we may not be able to access or assess your claim). Where we collect personal information from you, we expect you to tell us if you do not consent to us disclosing the personal information you provide to us to the types of third parties referred to above.
How We Collect and Hold Personal Information
How we collect:
We may collect personal information about you and other individuals in various ways including:
From whom we may collect:
We may collect such information directly from you or through a variety of third parties such as repairers, suppliers, consultants, and the police. We may also collect personal information from publicly available sources such as the phone book or public websites.
When we collect personal information from you about someone else:
We may seek to collect from you personal information about another person. This may happen if you have personal information about another person which is relevant to a claim. For example, you may have the details of a witness to an incident for which you are claiming under your insurance policy. If you provide us with information about another person, then you must:
Holding personal information:
We hold personal information electronically and on paper / in hard copy.
For the personal information we hold electronically we take reasonable security measures including firewalls, secure logon processes, encryption and intrusion monitoring technologies.
For the information we hold in hard copy / on paper we have in place reasonable confidentiality procedures and we also take reasonable security measures. We also require third party providers to hold personal information securely.
Your information will be held for at least seven years for legal, regulatory and accounting purposes and thereafter for as long as reasonably necessary or as we are contractually required to do so.
You have the right to withdraw consent for us to process your information at any time.
You have the right to withdraw consent for us to pass your information to third parties that we have outlined in this policy.
However, withdrawing consent may result in us ceasing to handle the claim in question and may prejudice those services for which we are instructed by your Insurers or other parties to perform.
Accessing your information (Subject Access Request):
You can make a written request to access the personal information we hold about you. If we aren’t able to meet your request for access, we’ll let you know why.
You have the rights to the following information: –
We can respond in one of two ways – we can fulfil the request immediately, but this is in a simplified format, or within 15 days in a more detailed and complete format.
Some of our clients have a different process for the handling of these request, we will inform you if this is the case.
To rectification or restriction of the way in which we are processing your information; or to object to us processing it.
To erasure of your personal information provided it is no longer necessary for the purposes for which it was collected; or where there is no legal basis for us processing it.
Where we have collected information about you from sources other than yourself, information about those sources.
To ask us whether any decisions are being taken about you by automated means and if this is happening; information about the logic involved and any significant consequences on you.
To ask us about the appropriate safeguards we take if we transfer your information to a third country or international organisation.
You can exercise any of these rights at any time by writing to the Data Protection Officer Liz Tubb at firstname.lastname@example.org
If you are not satisfied about the way in which your information is handled, you have the right to lodge a complaint to the National Data Protection Agency ( “ANPD”)
Keeping your information accurate:
We take reasonable steps to ensure that the personal information we collect and store, use or disclose is accurate, up-to-date and complete. However, we rely on you to advise us of any changes to your information to help us do so. If you believe your personal information is not accurate, up-to-date or complete, then please let us know. If you’d like to request access to or seek correction of your personal information, please contact us. Our contact details are at the end of this Privacy Statement.
Termination of the processing of personal data:
We will stop processing your personal data in the following circumstances:
We always retain the right to hold data in accordance with our data retention policy.
Complaints about how we handle your personal information:
If you have a complaint about our handling of your personal information or an alleged breach of LGPD please contact us and provide us with the details of your complaint / the alleged breach as well as any supporting evidence. You can contact us via the below options:
Data Protection Officer
Refer to the website – www.mclarens.com to obtain contact details.
We will promptly acknowledge the complaint, carefully investigate it and determine the steps that we will undertake to resolve your complaint. We will contact you if we require any further information and will provide you with our determination once it is made. If you are unhappy with our determination, please contact:
Transfer of Information Overseas
We may transfer your personal information overseas if your insurer is not resident in Brazil or to other group companies. For example, we may transfer information via email to Insurers, their representatives or our representatives who are located overseas. These insurers are most commonly located in UK, Europe and USA.
Personal data we hold may also be processed by staff operating outside Brazil who work for us, or for one of our suppliers. Those staff may be engaged in, among other things, the fulfilment of contracts with the data subject, the processing of payment details and the provision of support services.
You should tell us if you object to any such transfer.
We will ensure that the country to which we transfer personal data has an adequate level of protection for data.
Legal Basis for Processing
McLarens are usually the data processor, but on occasions may be a data controller ( for instance where it is an employer or where the contract with a client state this). Data Controllers are responsible for the data and make decisions in relation to it.
For personal data to be processed lawfully by a data controller, it must be processed based on one of the lawful bases set out in the LGPD. These include:
When processing personal data as data controllers, we will ensure that all regulatory and legislative requirements are met.
We can provide more details on which lawful basis we rely upon if you ask us.