FERPANDI INFORMATION NOTICE FOR INDIVIDUAL CLIENTS AND INDIVIDUALS INSURED UNDER POLICIES TAKEN OUT BY COMMERCIAL CLIENTS (INSURED BENEFICIARIES, CLAIMANTS)

What is the purpose of this document?

Ferpandi S.r.l. (“FERPANDI”) is committed to protecting the privacy and security of your personal data.

Insurance is the pooling and sharing of risk in order to provide protection against a possible eventuality. In order to do this, information, including your personal data, needs to be shared among different insurance market participants. We and other insurance market participants are working together to provide transparency about the collection and processing of personal data in furtherance of providing our P&I correspondents services.

This notice describes how we, as a P&I correspondent for Clubs, insurers and their Assureds, collect and use personal data received directly from individual clients as well as indirectly through our commercial clients on behalf of their employee insureds in accordance with the Data Protection Laws. While this notice is provided to both individual and commercial clients, it is directed toward and addresses the individual clients, employee insureds and other individuals whose personal data may be processed.

As such, all references to “you” or “your” that follow refer to the individual whose personal data may be processed by us and other insurance market participants.

It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are aware of and understand how and why we are using such information and how your personal data is processed through the insurance lifecycle. This privacy notice supplements the other notices and is not intended to override them.

Controller

FERPANDI is a “data controller”. This means that we are responsible for deciding how we hold and use personal data about you. We are required under the General Data Protection Regulation (“GDPR”) to notify you of the information contained in this privacy notice.

Our Data Protection Coordinator

Our Data Protection Coordinator oversees compliance with and questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact our Data Protection Coordinator using the details set out below:

Data Protection Coordinator

Ferpandi S.r.l.

Via San Bartolomeo degli Armeni 5,

Genoa, GE, 16122, Italy

Email: genova@ferpandi.com

Changes to this Privacy Notice and Your Duty to Inform us of Changes

This notice may be updated from time to time. This version is dated 1^st July 2024.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Defined Terms

In this notice:

we, us or our refers to FERPANDI providing P&I correspondents services to P&I Clubs and insurers, their  individual insured clients or our commercial clients and their employee insureds and their affiliates and subsidiaries. You or your, refers to the individual whose personal data may be processed by us and other insurance market participants (you may be the beneficiary, claimant or other person involved in a claim or relevant to a policy).

Contents of this Privacy Notice

This notice sets out the following:

1 – THE DATA WE MAY COLLECT ABOUT YOU (YOUR PERSONAL DATA)

2 – WHERE WE MIGHT COLLECT YOUR PERSONAL DATA FROM

3 – IDENTITIES OF DATA CONTROLLERS AND DATA PROTECTION CONTACTS

4 – THE PURPOSES, CATEGORIES, LEGAL GROUNDS AND RECIPIENTS, OF OUR PROCESSING OF YOUR PERSONAL DATA

5 – CONSENT

6 – DATA SECURITY

7 – RETENTION OF YOUR PERSONAL DATA

8 – INTERNATIONAL TRANSFERS

9 – YOUR RIGHTS

10 – GLOSSARY OF KEY TERMS

SECTION 1: THE DATA WE MAY COLLECT ABOUT YOU (YOUR PERSONAL DATA)

In order for us to perform our duties as P&I correspondents and deal with any claims or complaints, we need to collect and process personal data about you.

The types of personal data that are processed may include:

Individual details

Name, address (including proof of address), other contact details (e.g., email and telephone numbers), gender, marital status, date and place of birth, nationality, employer, job title and employment history, and family details, including their relationship to you.

Identification details

Identification numbers issued by government bodies or agencies, including your Social Security number or national insurance number, passport number, tax identification number and driver’s license number.

Financial information

Bank account or payment card details, income or other financial information.

Credit and anti-fraud data

Credit history, credit score, sanctions and criminal offenses, and information received from various anti-fraud databases relating to you.

Previous and current claims

Information about previous and current claims, (including other unrelated insurances), which may include data relating to your health, criminal convictions, or other special categories of personal data and in some cases, surveillance reports.

Special categories of personal data

Certain categories of personal data which have additional protection under the GDPR. The categories are health, criminal convictions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric, or data concerning sex life or sexual orientation.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you 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 (for example, to provide you or the policy holder with our services as P&I correspondents). In this case, we may have to cancel a service you (or the policy holder) have with us, but we will notify you if this is the case at the time.

SECTION 2: WHERE WE MIGHT COLLECT YOUR PERSONAL DATA FROM

We might collect your personal data from various sources, including:

• you (e.g., by filling in forms or by corresponding with us by mail, phone, email or otherwise);
• your family members, employer or representative;
• other insurance market participants;
• anti-fraud databases, sanctions lists, court judgements and other databases;
• government agencies;
• publicly available sources; or
• in the event of a claim, third parties including the other party to the claim (claimant/defendant),
• witnesses, experts (including medical experts), loss adjustors, solicitors, and claims handlers.

Which of the above sources apply will depend on your particular circumstances.

For example, we might collect your personal data where:

• a third party (such as your employer) has taken out an insurance policy for your benefit (you are an insured or beneficiary), in which case we might collect your personal data from your employer;
• you are a claimant or other person involved in a claim or relevant to a policy (e.g., you are making a claim against an insurance policy you have taken out or that a third party has taken out for your benefit, or you are making a claim against a third party’s insurance policy that was taken out, or a third party is making a claim against an insurance policy you have taken out), in which case we might collect your personal data from you, other insurance market participants, witnesses, experts (including medical experts), loss adjustors, solicitors, and claims handlers etc.

SECTION 3: IDENTITIES OF DATA CONTROLLERS AND DATA PROTECTION CONTACTS

The insurance lifecycle involves the sharing of your personal data between insurance market participants, some of which you will not have direct contact with. In addition, your personal data may not have been collected directly by an insurance market participant. In particular, your personal data may not have been collected directly from you by us. You can find out the identity of the initial data controller of your personal data within the insurance market lifecycle in the following ways:

• Where you took out the insurance policy yourself: the insurer and, if purchased through an intermediary, the intermediary will be the initial data controller and their data protection contact can advise you on the identities of other insurance market participants that they have passed your personal data to.Where your employer or another organization took out the policy for your benefit: you should contact your employer or the organization that took out the policy who should provide you with details of the insurer or intermediary that they provided your personal data to and you should contact their data protection contact who can advise you on the identities of other insurance market participants that they have passed your personal data to.Where you are not a policyholder or an insured: you should contact the organization that collected your personal data who should provide you with details of the relevant participant’s data protection contact.

SECTION 4: THE PURPOSES, CATEGORIES, LEGAL GROUNDS AND RECIPIENTS, OF OUR PROCESSING OF YOUR PERSONAL DATA

We set out below the purposes for which we might use your personal data:

Please note that in addition to the disclosures we have identified against each purpose, we may also disclose personal data for those purposes to our service providers, contractors, agents and group companies that perform activities on our behalf.

CHANGE OF PURPOSE

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 such case, we will notify you accordingly and, if you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact our Data Protection Coordinator.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

LEGAL GROUNDS FOR PROCESSING

We will only use your personal data when the law allows us to. In particular, we will rely on the following legal grounds to use your personal data:

DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below for the purposes set out in the table above. We will always share the minimum amount of data necessary for the purpose on a need-to-know basis. With the exception of service providers, who may be appointed as data processors pursuant to the GDPR, such parties will process your data as independent data controllers.

• External third parties:
• Service providers who provide IT and system administration services. Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services;
• Credit reference agencies;
• Anti-fraud and sanctions database providers;
• Other insurance market participants (e.g., intermediaries, insurers and reinsurers); Banks;
• Claims handlers;
• Solicitors;
• Loss adjustors;
• Experts;
• Third parties involved in claims/investigations/prosecutions;
• Private investigators;
• Police;
• Courts;
• Regulators; and

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. In such case, you will be notified accordingly.

THE PURPOSES, CATEGORIES, LEGAL GROUNDS AND RECIPIENTS, OF OUR PROCESSING OF YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, including the categories of 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, and the third parties with whom we need to share your personal data.

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 personal data. Please contact our Data Protection Coordinator 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.

SECTION 5: CONSENT

In order to deal with insurance claims in certain circumstances we and other insurance market participants may need to process your special categories of personal data, such as medical and criminal convictions records, as set out against the relevant purpose.

Your consent to this processing may be necessary for us and the other insurance market participants to achieve this.

You may withdraw your consent to such processing at any time. However, if you withdraw your consent this will impact our, and the other insurance market participants’, ability to pay claims.

SECTION 6: DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

SECTION 7: RETENTION OF YOUR PERSONAL DATA

We will keep your personal data only for so long as is necessary and for the purpose for which it was originally collected. For so long as there is any possibility that either you or we may wish to bring a legal claim under or in relation to your insurance we will retain your data for the applicable limitation period, and where we are required to keep your personal data due to legal or regulatory reasons, we will do so for the period prescribed by the applicable law or regulation.

SECTION 8: INTERNATIONAL TRANSFERS

We may need to transfer your data to insurance market participants or their affiliates or sub- contractors which are located outside of the European Economic Area (EEA). Such transfers would always be made in compliance with the GDPR and you will be informed in more detail if the case should arise.

If you would like further details of how your personal data would be protected if transferred outside the EEA, please contact our Data Protection Coordinator.

SECTION 9: YOUR RIGHTS

If you have any questions about this privacy notice or in relation to our use of your personal data, you should first contact our Data Protection Coordinator. Under certain conditions, you may have the right to require us to:

• provide you with further details on the use we make of your personal data/special category of data;
• provide you with a copy of your personal data processed by us in a structured, commonly used and machine-readable format; you have, also, the right to transmit those data to another data controller;
• update any inaccuracies in the personal data we hold;
• delete any special category of personal data/personal data that we no longer have a lawful ground to use;
• where processing is based on consent, to withdraw your consent so that we stop that particular processing;
• object to any processing based on the legitimate interests ground unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights; and
• restrict how we use your personal data in the circumstances indicated by the GDPR.

In certain circumstances, your exercise of the above rights may be restricted in order to safeguard the public interest (e.g., the prevention or detection of crime), our interests (e.g., the maintenance of legal privilege) or those of a third party (e.g. where the exercise of your rights prejudices the rights and freedoms of such third party).

If you wish to exercise any of the rights set out above, please contact our Data Protection Coordinator.

No fee usually required

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.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Your Right to Complain to a Supervisory Authority

If you are not satisfied with our use of your personal data or our response to any request by you to exercise any of your rights in Section 10: Your Rights, or if you think that we have breached the GDPR, then you have the right to lodge a complaint with a member state supervisory authority for data protection issues.  You can find all details of the Italian supervisory authority (Autorità Garante per la Protezione dei Dati Personali) on its website www.garanteprivacy.it.

We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority, so please contact us in the first instance.

SECTION 10: GLOSSARY OF KEY TERMS

Key insurance terms:

Beneficiary is an individual or a company that an insurance policy states may receive a payment under the insurance policy if an insured event occurs. A beneficiary does not have to be the insured/policyholder and there may be more than one beneficiary under an insurance policy.

Claimant is either a beneficiary who is making a claim under an insurance policy or an individual or a company who is making a claim against a beneficiary where that claim is covered by the insurance policy.

Claims processing is the process of handling a claim that is made under an insurance policy.

Insurance is the pooling and transfer of risk in order to provide financial protection against a possible eventuality. There are many types of insurance. The expression insurance may also mean reinsurance.

Insurance policy is a contract of insurance between the insurer and the insured/policyholder.

Insurance market participant(s) or participants: is an intermediary, insurer or reinsurer. Insured/policyholder is the individual or company in whose name the insurance policy is issued.

Insurers (sometimes also called underwriters) provide insurance cover to insured/policyholders in return for premium. An insurer may also be a reinsurer.

Intermediaries help policyholders and insurers arrange insurance cover. They may offer advice and handle claims. Many insurance and reinsurance policies are obtained through intermediaries.

We, us or our refers to FERPANDI providing services as P&I correspondents to individual clients or to commercial clients and its/their employee insureds and its/their affiliates and subsidiaries.

You or your refers to the individual whose personal data may be processed by us and other insurance market participants, whether delivered directly to us by you or on your behalf by a commercial client of ours. You may be the insured, beneficiary, claimant or other person involved in a claim or relevant to an insurance policy.

Key data protection terms:

Data Protection Laws means all laws and regulations relating to the processing of personal data, including the GDPR, as the same may be in force from time to time.

GDPR is the EU General Data Protection Regulation (EU) 2016/679. In Italy, data protection is also regulated by Legislative Decree 196/2003, as amended by Legislative Decree 101/2018 (“Privacy Code”).

Data Controller is an entity which collects and holds personal data. It decides what personal data it collects about you and how that personal data is used.

Personal Data is any data from you which can be identified, and which relates to you. It may include data about any claims you make.

Processing of personal data includes collecting, using, storing, disclosing or erasing your personal data.