Privacy Notice

Introduction

Marsh Limited (Marsh) is an affiliate of Marsh & McLennan Companies, Inc. (MMC). Marsh strives to protect the privacy and the confidentiality of Personal Data that the company processes in connection with the services it provides to clients and individuals’ use of the Marsh websites. Marsh’s services consist primarily of risk consulting and insurance broking, which enable the consideration of, access to, administration of, and making of claims on, insurance and consultancy, advice and support surrounding employee health and benefits and risk management.

To arrange insurance cover and handle insurance claims, Marsh and other participants in the insurance industry are required to use and share Personal Data. For an overview of how and why the insurance industry is required to use and share Personal Data please see the Insurance Market Core Uses Information Notice hosted on the website of a UK insurance industry association, the Lloyd’s Market Association (the LMA Notice). Marsh’s use of Personal Data for insurance purposes is consistent with the LMA Notice.

During the insurance lifecycle Marsh will receive Personal Data relating to potential or actual policyholders, beneficiaries or additional insureds under a policy, claimants and other parties involved in a claim. Therefore references to “individuals” in this notice include any living person from the preceding list, whose Personal Data Marsh receives in connection with the services it provides under its engagements with its clients. This notice sets out Marsh’s uses of this Personal Data and the disclosures it makes to other insurance market participants and other third parties. We also share Personal Data with Amazon.com, Inc. and its subsidiaries (Amazon) who appointed Marsh to offer insurance solutions to its partners as part of the Value Added Services Program. The disclosures of Personal Data made to Amazon are for the purposes set out in this Privacy Notice – which include: to enable Amazon to evaluate and improve the performance of the insurance solutions and also as set out in your agreement with Amazon.

Identity of controller and contact details

Marsh Limited of 1 Tower Place West, Tower Place, London EC3R 5BU is the controller in respect of the Personal Data it receives in connection with the services provided under the relevant engagement with its client.

Personal information that we process

We collect and process the following personal data:

Individual details ► name, address (and proof of address), other contact details (e.g. email and telephone details), gender, marital status, family details, date and place of birth, employer, job title and employment history, relationship to the policyholder, insured, beneficiary or claimant, images;
Identification details ► identification numbers issued by government bodies or agencies (e.g. depending on the country you are in, social security or national insurance number, passport number, ID number, tax identification number, driver’s licence number);
Financial information ► payment card number, bank account number and account details, income and other financial information;
Insured risk ► information about the insured risk, which contains Personal Data and may include, only to the extent relevant to the risk being insured:
- Health data ► current or former physical or mental medical conditions, health status, injury or disability information, medical procedures performed, relevant personal habits (e.g. smoking or consumption of alcohol), prescription information, medical history;
- Criminal records data ► criminal convictions, including driving offences; and
- Other special categories of Personal Data ► racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning an individual’s sex life or sexual orientation;
Policy information ► information about the quotes individuals receive and the policies they obtain;
Credit and anti-fraud data ► credit history and credit score, information about fraud convictions, allegations of crimes and sanctions details received from various anti-fraud and sanctions databases, or regulators or law enforcement agencies;
Previous claims ► information about previous claims, which may include health data, criminal records data and other special categories of Personal Data (as described in the Insured Risk definition above);
Current claims ► information about current claims, which may include health data, criminal records data and other special categories of Personal Data (as described in the Insured Risk definition above);
Marketing data ► whether or not the individual has consented to receive marketing from us and/or from third parties and / or their marketing preferences; and
Website and communication usage ► details of your visits to our websites and information collected through cookies and other tracking technologies, including, but not limited to, your IP address and domain name, your browser version and operating system, traffic data, location data, web logs and other communication data, and the resources that you access.

Where we collect such information directly from individuals, we will inform them of whether the information is required and the consequences of not providing it on the relevant form.

Sources of data

We collect and receive personal data from various sources, including (depending on the service we are seeking to or are providing and the country you are in):

Individuals and their family members, online, face to face, or by telephone, or in written correspondence;
Individuals’ employers;
Amazon;
In the event of a claim, third parties including the other party to the claim (claimant/defendant), witnesses, experts (including medical experts), loss adjusters, lawyers and claims handlers;
Other insurance market participants, such as insurers, reinsurers and other intermediaries;
Anti-fraud databases and other third party databases, including sanctions lists;
Government agencies, such as vehicle registration authorities and tax authorities;
Claim forms;
Open electoral registers and other publicly available information;
Business information and research tools; and
Forms on our website and your interactions with our website (please also see our Cookie Notice).

How we use and disclose your personal data

In this section, we set out the purposes for which we use Personal Data, explain how we share the information, and identify the “legal grounds” on which we rely to process the information.

These “legal grounds” are set out in the General Data Protection Regulation (the GDPR) and the UK Data Protection Act 2018, which allows companies to process Personal Data only when the processing is permitted by the specific “legal grounds” set out in the GDPR (the full description of each of the grounds can be found here).

Please note that in addition to the disclosures we have identified in the table below, we will disclose Personal Data for the purposes we explain in this notice to service providers, contractors, advisers, agents and MMC group companies that perform activities on our behalf.

Purpose of processing	Type of information collected	Legal grounds	Disclosures
Quotation/Inception
Establishing a client relationship, including fraud, anti-money laundering and sanctions checks	• Individual details	• Performance of our contract with the individual (if he/she is the client)	• Amazon
	• Risk details	• Compliance with a legal obligation	• Anti-fraud databases
	• Policy information	• Legitimate interests of Marsh (to ensure that the client is within our acceptable risk profile and to assist with the prevention of crime and fraud)
	• Credit and anti-fraud data	For processing special categories of Personal Data (e.g. health information) and criminal records data:
	• Special categories of personal data	• Substantial public interest (Insurance purposes)
Evaluating the risks to be covered and matching to appropriate insurer, policy and premium	• Risk details	• Performance of our contract with the individual (if he/she is the client)	• Insurers
	• Previous and current claims	• Legitimate interests of Marsh (to determine the likely risk profile and appropriate insurer and insurance product)	• Insurance intermediaries such as brokers and aggregators
	• Special categories of personal data	For processing special categories of Personal Data (e.g. health information) and criminal records data:	• Insurance broking platform providers
		• Substantial public interest (Insurance purposes)
Evaluating the risks to be covered and matching to appropriate employee benefits provider, products and price	• Risk details	• Performance of our contract with the individual (if he/she is the client)	• Employee health and benefits providers
	• Previous and current claims	• Legitimate interests of Marsh (to determine the likely risk profile and appropriate insurer and insurance product)
	• Special categories of personal data	For processing special categories of Personal Data (e.g. health information) and criminal records data:
		• Substantial public interest (Insurance purposes)
Purpose of processing	Type of information collected	Legal grounds	Disclosures
Policy administration
General client care, including communicating with clients	• Individual details	• Performance of our contract with the individual (if he/she is the client)	• Insurers
	• Policy information	• Legitimate interests of Marsh (to correspond with clients, beneficiaries and claimants in order to facilitate the placing of and claims under insurance policies)
		For processing special categories of Personal Data (e.g. health information) and criminal records data:
		• Substantial public interest (Insurance purposes)
Collection or refunding of premiums, paying on claims, processing and facilitating other payments	• Individual details	• Performance of our contract with the individual (if he/she is the client)	• Insurers
	• Financial information	• Legitimate interests of Marsh (to recover debts due to us)	• Banks
	• Policy information		• Debt recovery providers
Facilitating premium finance arrangements	• Individual details	• Performance of our contract with the individual (if her/she is the client)	• Premium Finance Providers
	• Policy information	• Legitimate interests of Marsh (ensuring our clients are able to meet their financial obligations)	• Banks
Claims processing
Managing insurance claims	• Individual details	• Performance of our contract with the individual (if he/she is the client)	• Amazon
	• Identification details	• Legitimate interests of Marsh (to assist our clients in assessing and making claims)	• Insurers
	• Financial information	For processing special categories of Personal Data (e.g. health information) and criminal records data:	• Claims handlers
	• Policy information	• Substantial public interest (Insurance purposes)	• Lawyers
	• Credit and anti-fraud data		• Loss adjusters
	• Previous and current claims		• Experts
	• Special categories of personal data		• Third parties involved in handling or otherwise addressing the claim, such as health care professionals
Defending or prosecuting legal claims	• Individual details	• Performance of our contract with the individual (if he/she is the client)	• Amazon
	• Identification details	• Legitimate interests of Marsh (to assist our client in assessing and making claims)	• Insurers
	• Financial information	For processing special categories of Personal Data (e.g. health information) and criminal records data:	• Claims handlers
	• Policy information	• To establish, defend or prosecute legal claims	• Lawyers
	• Credit and anti-fraud data		• Loss adjusters
	• Previous and current claims		• Experts
	• Special categories of personal data		• Third parties involved in handling or otherwise addressing the claim, such as health care professionals
Purpose of processing	Type of information collected	Legal grounds	Disclosures
Claims processing (continued)
Investigating and prosecuting fraud or possible criminal offences	• Individual details	• Performance of our contract with the individual (if he/she is the client)	• Insurers
	• Identification details	• Legitimate interests of Marsh (to assist with the prevention and detection of fraud)	• Lawyers
	• Credit and anti-fraud data	For processing special categories of Personal Data (e.g. health information) and criminal records data:	• Law Enforcement Authorities
	• Previous and current claims	• To establish, defend or prosecute legal claims	• Experts
	• Special categories of personal data	• Substantial public interest (Insurance purposes)	• Other insurers
			• Anti-fraud databases
			• Third parties involved in the investigation or prosecution, such as private investigators
Renewals
Contacting you in order to arrange the renewal of the insurance policy	• Individual details	• Performance of our contract with the individual (if he/she is the client)	• Insurers
	• Identification details	• Legitimate interests of Marsh (to correspond with clients to facilitate the continuation of insurance cover)	• Insurance intermediaries such as brokers and aggregators
	• Risk details
	• Policy information
	• Previous and current claims
	• Special categories of personal data
Throughout the insurance lifecycle
Marketing analytics, sending marketing materials and communications including data de-identification and/or aggregation	• Individual details	• Legitimate interests of Marsh (to send marketing communications about Marsh’s services and offerings by post, telephone and in other circumstances where we don’t require your consent)	• Insurers
		• Consent (where required in limited circumstances)	• Group companies
Carrying out customer satisfaction surveys and market research	• Individual details	• Legitimate interests of Marsh (to ensure quality of delivery of our services and to improve our future products and services offering)	• Third party market research companies
Transferring books of business, company sales and reorganisations	• Individual details	• Legitimate interests of Marsh (to structure our business appropriately)	• Group companies
	• Identification details	For processing special categories of Personal Data (e.g. health information) and criminal records data:	• Courts
	• Financial information	• Substantial public interest (Insurance purposes)	• Purchaser (potential and actual)
	• Risk details	• In certain circumstances, consent
	• Policy information
	• Credit & anti-fraud data
	• Previous and current claims
	• Special categories of personal data
Purpose of processing	Type of information collected	Legal grounds	Disclosures
Throughout the insurance lifecycle (continued)
General risk modelling	• Individual details	• Legitimate interests of Marsh (to build risk models that allow placing of risk with appropriate insurers)	• Insurers
	• Risk details	For processing special categories of Personal Data (e.g. health information) and criminal records data:	• Clients and prospects
	• Policy information	• Substantial public interest (Insurance purposes)	• Group companies
	• Previous and current claims
	• Special categories of personal data
Analytics including the de- identification of personal data for the purposes of analytics	• Individual details	• Legitimate interests of Marsh (to improve the way we run our business and to enhance our risk models)	• Amazon
	• Identification details	For processing special categories of Personal Data (e.g. health information) and criminal records data:	• Insurers
	• Risk details	• Substantial public interest (Insurance purposes)	• Clients and prospects
	• Policy information		• Group companies
	• Previous and current claims
	• Special categories of personal data
Complying with our legal or regulatory obligations	• Individual details	• Compliance with a legal obligation	• Insurance, data protection and other regulators
	• Identification details	• Legitimate interests of Marsh (to take pre-emptive steps to ensure legal and regulatory compliance)	• Law Enforcement Authorities
	• Financial information	For processing special categories of Personal Data (e.g. health information) and criminal records data:	• Insurers
	• Risk details	• To establish, defend or prosecute legal claims	• Auditors
	• Policy information
	• Credit and anti-fraud data
	• Previous and current claims
	• Special categories of personal data
Amazon value added services program – insurance services
To administer Amazon value added services program insurance solutions	• Individual details	• Legitimate interests of Marsh (to assist Amazon evaluate and improve the performance of the insurance solutions offered by Marsh as part of the Value Added Services program).	• Amazon
	• Identification detail	For processing special categories of Personal Data (e.g. health information) and criminal records data:	• Group companies
	• Financial information	• Substantial public interest (Insurance purposes)	•
	• Risk details
	• Previous and current claims
	• Special categories of personal data
Purpose of processing	Type of information collected	Legal grounds	Disclosures
Consultancy activities
General client care, including communications with clients	• Individual details	• Performance of our contract with the individual (if he/she is the client)
	• Policy information	• Legitimate interests of Marsh (to correspond with clients in order to provide consultancy services)
		For processing special categories of Personal Data (e.g. health information) and criminal records data:
		• Consent
General risk modelling in the context of our consultancy services in order to evaluate risks and provide advice	• Individual details	• Legitimate interest of Marsh (to build risk models and assess the risks and necessary cover)
	• Risk details	For processing special categories of Personal Data (e.g. health information) and criminal records data:
	• Policy information	• Consent
	• Previous and current claims
	• Special categories of personal data
Analysis as part of the specific consultancy advice	• Individual details	• Legitimate interests of Marsh (to provide the agreed consultancy services to its clients)
	• Risk details	For processing special categories of Personal Data (e.g. health information) and criminal records data:
	• Policy information	• Consent
	• Previous and current claims
	• Special categories of personal data
Complying with our legal or regulatory obligations in the context of our consultancy business	• Individual details	• Compliance with a legal obligation	• Insurance, data protection and other regulators
	• Identification details	• Legitimate interests of Marsh (to take pre- emptive steps to ensure legal and regulatory compliance)	• Law Enforcement Authorities
	• Financial information	For processing special categories of Personal Data (e.g. health information) and criminal records data:	• Insurers
	• Risk details	• To establish, defend or prosecute legal claims	• Auditors
	• Policy information	• Consent
	• Credit and anti-fraud data
	• Previous and current claims
	• Special categories of personal data
Website activities
To communicate with you regarding any queries you raise via the website	• Individual details	• Legitimate interests of Marsh (to correspond with website users)
	• Identification details
Purpose of processing	Type of information collected	Legal grounds	Disclosures
Website activities cont.
To monitor your interaction with the website to ensure service quality, compliance with procedures and to combat fraud	• Individual details	• Compliance with a legal obligation	• Third parties undertaking online monitoring
	• Identification details	• Legitimate interests of Marsh (to ensure the quality and legality of our online services)	• Anti-fraud databases
		For processing special categories of Personal Data and criminal records data:
		• Substantial public interest (preventing fraud)
To ensure the website content is relevant and presented in the most effective manner for you and your device	• Individual details	• Legitimate interests of Marsh (to provide clients, beneficiaries and claimants with content and services on the website)
	• Identification details

Special categories of personal data and criminal data

When we collect, use or disclose to third parties (such as insurers, intermediaries and reinsurers) Special Categories of Personal Data and Criminal Records Data for the reasons set out in the table above and for profiling as set out in the next section, we typically do so for reasons of substantial public interests, namely because it is necessary for the wide range of insurance-related activities that we undertake or because it is necessary for fraud prevention purposes. Before you provide us with Special Categories of Personal Data and Criminal Records Data about a person other than yourself, you agree to notify such person of our use of their Personal Data and, if requested by us, to obtain their consent to our use of their Special Categories of Personal Data and Criminal Records Data (for example, by requiring the individual to sign a consent form).

Profiling and automated decision making

Insurance premiums are calculated by insurance market participants benchmarking clients’ and beneficiaries’ attributes as against other clients’ and beneficiaries’ attributes and propensities for insured events to occur. This benchmarking requires Marsh and other insurance market participants to analyse and compile information received from all insureds, beneficiaries or claimants to model such propensities. Accordingly, we may use Personal Data to both match against the information in the models and to create the models that determine the premium pricing in general and for other insureds. Marsh and other insurance market participants may use special categories of Personal Data and criminal records data for such modelling to the extent it is relevant, such as medical history for life insurance or past motor vehicle convictions for motor insurance.

Marsh and other insurance market participants use similar predictive techniques to assess information that clients and individuals provide to understand fraud patterns, the probability of future losses actually occurring in claims scenarios, and as set out below.

We use these models only for the purposes listed in this Privacy Notice. In most cases, our staff make decisions based on the models.

Automated broking platform
Where clients use the automated broking platform, insurance quotations are offered entirely by matching whether the attributes that the client has provided meet the criteria set by the insurers, which determines (a) whether a quotation will be made; (b) on what terms; and (c) at what price. Each insurer will use different algorithms to determine their pricing, and clients must consult each insurer’s privacy policy for further details. Our platform merely queries whether attributes of potential insureds satisfy insurers’ models and then returns the results. If the potential insured’s attributes do not satisfy insurers’ models, the quotation request is referred for review by a team with underwriting authority. We also apply fraud prediction algorithms to the information clients provide to assist us in detecting and preventing fraud. We regularly review all profiling and associated algorithms against inaccuracies and bias.

These partially automated processes may result in a client not being offered insurance or affect the price or terms of the insurance.

Clients may request that we provide information about the decision-making methodology and ask us to verify that the automated decision has been made correctly. We may reject the request, as permitted by applicable law, including when providing the information would result in a disclosure of a trade secret or would interfere with the prevention or detection of fraud or other crime. However, generally in these circumstances we will verify that the algorithm and source data are functioning as anticipated without error or bias.

Marketing

We may use your Personal Data to provide you with information about products or services which we think would be of interest to you. We may also share your Personal Data with other companies in the MMC group so that they can provide you with information about their products and services. These may be sent by email or post or, in some circumstances, we, or our group companies, may telephone you to explain this information to you.

We take care to ensure that our marketing activities comply with all applicable legal requirements. In some cases, this may mean that we ask for your consent in advance of us or our group companies sending you marketing materials.

In all cases, you can opt out of receiving marketing communications, at any time. You can do this by clicking on the "unsubscribe" link in any marketing email or by contacting us using the details set out at the end of this Privacy Notice.

Please note that, even if you opt out of receiving marketing messages, we may still send you communications in connection with the services we provide to you.

Safeguards

We have in place physical, electronic, and procedural safeguards appropriate to the sensitivity of the information we maintain. These safeguards will vary depending on the sensitivity, format, location, amount, distribution and storage of the Personal Data, and include measures designed to keep Personal Data protected from unauthorised access.

Limiting collection and retention of personal information

We collect, use, disclose and otherwise process Personal Data that is necessary for the purposes identified in this Privacy Notice or as permitted by law. If we require Personal Data for a purpose inconsistent with the purposes we identified in this Privacy Notice, we will notify clients of the new purpose and, where required, seek individuals’ consent (or ask other parties to do so on Marsh’s behalf) to process Personal Data for the new purposes.

Our retention periods for Personal Data are based on business needs and legal requirements. We retain Personal Data for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose. For example, we retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired, or to comply with regulatory requirements regarding the retention of such data. When Personal Data is no longer needed, we either de-identify or aggregate the data (in which case we may further retain and use the de-identified or aggregated information for analytics purposes) or securely destroy the data.

Cross–border transfer of personal information

Marsh transfers Personal Data to, or permits access to Personal Data from, countries outside the UK and European Economic Area (EEA). These countries’ data protection laws do not always offer the same level of protection for Personal Data as offered in the UK and EEA. We will, in all circumstances, safeguard Personal Data as set out in this Privacy Notice.

Certain countries outside the EEA have been approved by the European Commission as providing essentially equivalent protections as EEA data protection laws. EU data protection laws allow Marsh to freely transfer Personal Data to such countries.

If we transfer Personal Data to other countries outside the EEA, we will establish legal grounds justifying such transfer, such as MMC Binding Corporate Rules, model contractual clauses, individuals’ consent, or other legal grounds permitted by applicable legal requirements.

Individuals can request additional information about the specific safeguards applied to the export of their Personal Data.

If appropriate, the safeguards include the encryption of communications via Secure Sockets Layer, encryption of information during storage, firewalls, access controls, separation of duties, and similar security protocols. We restrict access to Personal Data to personnel and third parties that require access to such information for legitimate, relevant business purposes.

Accuracy, accountability, openness and your rights

We strive to maintain Personal Data that is accurate, complete and current. Individuals should contact us at dataprotection@marsh.com to update their information.

Questions regarding Marsh’s privacy practices should be directed to the Data Protection Officer using the contact details in the Questions, Requests or Complaints section below.

Under certain conditions, individuals have the right to request that Marsh:

provide further details on how we use and process their Personal Data;
provide a copy of the Personal Data we maintain about the individual;
update any inaccuracies in the Personal Data we hold;
delete Personal Data that we no longer have a legal ground to process; and
restrict how we process the Personal Data while we consider the individual’s enquiry.

In addition, under certain conditions, individuals have the right to:

where processing is based on consent, withdraw the consent;
object to any processing of Personal Data that Marsh justifies on the “legitimate interests” legal grounds, unless our reasons for undertaking that processing outweigh any prejudice to the individual’s privacy rights; and
object to direct marketing (including any profiling for such purposes) at any time.

These rights are subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege). We will respond to most requests within 30 days.

If we are unable to resolve an enquiry or a complaint, individuals have the right to contact the UK data protection regulator, the Information Commissioner’s Office (ICO). The ICO can be contacted by telephone at 0303 123 1113 or by email at casework@ico.org.uk.

Questions, requests or complaints

To submit questions or requests regarding this Privacy Notice or Marsh’s privacy practices, please complete the form here. You will need to provide your email address when you make your request via this form.

If you would prefer to contact us by post or by phone, please contact the Data Protection Officer using the following contact details:

The Data Protection Officer Marsh
1 Tower Place West Tower Place London
EC3R 5BU
Phone: 020 7357 1000
Email: dataprotection@marsh.com

If we are unable to resolve an enquiry or a complaint, individuals have the right to contact the UK data protection regulator, the Information Commissioner's Office (ICO).

The ICO can be contacted by telephone at 0303 123 1113 or by email at casework@ico.org.uk.

Links to third party websites

Our websites may contain links to other third party websites. If you follow a link to any of those third party websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for their policies or processing of your personal information. Please check these policies before you submit any personal information to such third party websites.

Changes to this privacy notice

This Privacy Notice is subject to change at any time. It was last changed 24 May 2022. If we make changes to this Privacy Notice, we will update the date on which it was last changed. Where we have an engagement with you, we will notify you of any changes we make to this Privacy Notice in accordance with the notice provisions in the terms of our engagement. In other circumstances, we will publish the revised Privacy Notice on our website.

Appendix

List of the legal grounds we rely on:

For processing personal data
Legal ground	Details
Performance of our contract with you	Processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract.
Compliance with a legal obligation	Processing is necessary for compliance with a legal obligation to which we are subject.
For our legitimate business interests	Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of Personal Data, in particular where you are a child. These legitimate interests are set out next to each purpose.
For processing personal data and special categories of Personal Data
Your explicit consent	You have given your explicit consent to the processing of the Personal Data for one or more specified purposes.
	You are free to withdraw your consent, by contacting our Data Protection Contact. However withdrawal of this consent may impact our ability to provide the services.
	For more detail see the Special Categories of Personal Data & Criminal Data section above.
For legal claims	Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.
Substantial public interest	Processing is necessary for reasons of substantial public interest, on the basis of EU or UK law, including where such processing is necessary for insurance purposes or fraud prevention purposes.

Marsh Ltd

The St. Botolph Building 138 Houndsditch London, EC3A 7AW www.marsh.com

Registered in England and Wales Number: 1507274, Registered Office: 1 Tower Place West, Tower Place, London EC3R 5BU. Marsh Ltd is authorised and regulated by the Financial Conduct Authority for General Insurance Distribution and Credit Broking (Firm Reference No. 307511).