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Decree No.13/2023/ND on the Protection of Personal Data (Decree)
We value the privacy of your personal information.
This McLarens Privacy Statement outlines how we collect, hold, use and disclose your personal information. 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. We also rely on the consent you gave our clients when they collected your personal data.
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 Vietnam 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 Vietnam where the relevant third party is located outside of Vietnam (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
Vietnam’s 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:
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: –
In relation to access request, these requests must be written in Vietnamese and must contain the requesting individuals: (i) full name, residential address, national identification number and contact details’ (ii) data that is to be provided and format; and (iii) the reasons for the request.
Some of our clients have a different process for the handling of these request, we will inform you if this is the case.
Specific Requirements for Consent and Notice
The consent must be expressed in a format that can be printed, reproduced in writing, including in electronic or verifiable formats. Partial or conditional consent can also be valid.
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 Ministry of Public Security (MPS) and the Ministry of Information and Communication (MIC).
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.
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 the principles contained in the Decree No.13/2023/ND, 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:
MINISTRY OF PUBLIC SECURITY PORTAL
Department Cybersecurity and High-tech Crime Prevention
Address: 44 Yet Kieu Street – Hoan Kiem District – Hanoi
Phone number: (+84)069.233647 – 069.2341165
Website: www.mps.gov.vn or www.bocongan.gov.vn
Transfer of Information Overseas
A transfer impact assessment must be done for outbound transfers of personal data from Vietnam that must include: (i) the full contact details of each of the exporter and importer and any other parties involved in the transfer; (ii) the objectives of the transfer; (iii) the types of personal data being transferred; (iv) the security measures applied for the protection of the data; (v) an assessment of the impact of such processing and any measures taken to mitigate any risks or harms; and (vi) the consent of data subjects and any feedback or complaint mechanisms available to them. The Decree also requires that there be a legally binding document that sets out the exporter’s and importer’s responsibilities with respect to the transfer of data from Vietnam overseas.
These documents must be submitted in their originals to the AO5 using Form No. 06 in the Appendix to the Decree within 60 days from the date of processing of the data. The exporter also must notify the same Ministry department by text once the data transfer has taken place.
We may transfer your personal information overseas if your insurer is not resident in Vietnam. 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. You should tell us if you object to any such transfer.