mandate Privacy Policy


REGULATION REGARDING THE PROTECTION OF NATURAL PERSONS WITH REGARD TO THE PROCESSING OF PERSONAL DATA AND ON THE FREE MOVEMENT OF SUCH DATA.

We inform you of the provisions in force since 25 May 2018 concerning the European Regulation of 27 April 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (‘GDPR’).

This regulation lays down the principles and rules that should protect individuals with respect to their personal data, their fundamental freedoms and rights, regardless of their nationality or residence.

Gatsby & White S.A. and each company that is part of the Gatsby & White S.A. Group, uses and is responsible for the processing of the personal data of its customers (herein after denominated also the “data subject”) in the framework of contracts or insurance contracts with them. The data collected by Gatsby & White S.A. and the Group’s companies are used in the context of customer acceptance, administrative management of insurance contracts, various regulatory reports provided to the Control Authorities, tax reports, reports within the Gatsby & White S.A. Group, internal payments and controls, in particular compliance, anti-money laundering and the financing of terrorism, as well as in the implementation of existing economic sanctions. This personal data may also be shared with third parties as defined in the following sections. In the event that a customer does not provide Gatsby & White S.A., or any other Group company with which he enters into a business relationship, the necessary personal data, or does not give us permission to use this data, our brokerage companies may not be able to accept or continue the execution of our insurance brokerage mandate.

In addition, this personal data processing policy is the policy applicable within the Group controlled by Gatsby & White S.A. Therefore, by Gatsby & White S.A. below, any company controlled directly or indirectly by Gatsby & White S.A. must be understood. The list of these companies is available in Appendix 1 of the terms and conditions of the brokerage mandate is constantly updated. In the case of co-brokerage, this text applies in conjunction with each company concerned. Therefore:

 

1.     HOW DO WE COLLECT YOUR DATA?

Through the information you provide to us during our meetings or through other intermediaries (natural or legal); When you contact us by phone, fax, email or other forms of electronic communication. In this context, we may record such communications;

When completing contract forms (commands, proposals, etc.);

Other companies of the Gatsby & White S.A. Group;

From your agents, insurance intermediaries, advisers or promoters;

From public data sources or from third parties, especially when we are forced to verify some of your personal data;

2.     The categories of personal data we collect?

  • Your first and last names and contact details such as your address, business address, email and telephone number;
  • Biographical information that can confirm your identity, such as date of birth, tax number, passport or ID number, driver’s license, country of residence and nationality, your invoices;
  • Information related to the status of your wealth, such as income, expenses, assets and debts, sources of income and bank details;
  • Information regarding your knowledge and experience in investing;
  • An understanding of your goals that our services or products must meet;
  • Information regarding your employment, education, family or personal interests
  • Health information where appropriate and
  • Information to verify your politically exposed person status or to assess money laundering risks.

1 This list is regularly updated and does not constitute a substantial change in our personal data processing policy.

 

3.     THE BASIS FOR DATA PROCESSING (OTHER THAN YOUR CONSENT), HOW DO WE USE THIS DATA AND WITH WHOM WE SHARE IT?

Treatment required to execute one or more contracts with you (Art. 6.1.b GDPR)

We process your data because it is necessary in the execution of the mandate that is granted to us and in order to analyze the contact entry with you.
In this context, we use your personal data to:
Prepare our mandate for insurance intermediation;
Prepare, manage and advise you on your insurance proposal;
Manage complaints or suggestions to our company or insurance company;
For any task you entrust us with personal data;

Therefore, we may share your personal data with the following individuals:

  • Your agent, advisor, intermediary, financial or insurance agent, manager or bank that you would tell us;
  • Third parties that we must hire in order to complement the services requested by you, including the companies of the Gatsby & White S.A. group;
  • Our professional advisors when it is necessary to obtain your advice or assistance, including our lawyers, accountants, computer scientists or public relations advisors;
  • Our electronic data retention providers

 

  • Treatment necessary for the purposes of the legitimate interests pursued (Art. 6.1.f GDPR)

 

We also process your personal data to satisfy our legitimate interests or, sometimes, when necessary, to satisfy the legitimate interest of another person.

In this context, we use your personal data for the following purposes:

  • See the marketing section below;
  • For the administration and management of our activities, including debt collection;
  • Seek advice on our rights and obligations;

As a result, we may share your personal data with the following individuals:

  • Our advisors or agents when it is necessary to obtain advice or assistance from them;
  • With third parties and their advisors when these parties purchase or wish to purchase all or part of our business.

Processing is necessary to comply with a legal obligation (Art. 6.1.c GDPR)

 We process your personal data to comply with our legal obligations:

  • Respect our compliance obligations and regulations such as the fight against money laundering;
  • When this treatment is requested by a tax authority or any other judicial or legal authority.

In this context, we share your personal data with the following individuals or entities:

  • Our professional advisors when it is necessary to obtain your advice or assistance;
  • Our accountants, account commissioners, or corporate auditors in the performance of their duties;
  • With third parties who help us comply with our legal obligations; or even
  • With our regulators or any other legal authority to the extent that we are required to follow your instructions.

 

4.     MARKETING

With your authorization, we may use your data to promote our activities and products. This can take the form of newsletters, event invitations or any other initiative at this address.

We will communicate with you in a number of ways such as mail, phone, email, SMS or other digital media. If you have authorized us to use your personal data for marketing purposes (see the contractual documents of the mandate you signed with us) and would like to withdraw this authorization, we would appreciate it if you would let us know by email or mail to:

Gatsby & White S.A.

FAO: Dpt. Legal & Compliance

40, rue du Curé

LU-1368 Luxembourg

By email: data.privacy@gatsbyandwhite.com

 

5.     TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES OF THE EUROPEAN UNION

The exchange or transfer of personal data in accordance with this information note may only take place outside the European Union in favour of the recipients mentioned above. In this context, your personal data will only be transferred in the following cases:

  • The European Commission has found, by decision, that the third country concerned, the territory or one or more specific sectors of that third country, or the international organisation concerned, provides an adequate level of protection;
  • The recipient has contractually agreed with us to comply with European Union legislation on the protection of personal data; or if
  • You have given your explicit consent to this transfer.

For more information about transfers by us of your personal data outside the European Union, please contact us with the above information.

6.     THE RIGHTS OF THE DATA SUBJECT 

In addition, here we would like to inform you of your new rights to protect personal data as follows:

  • Right to access the data

The data subject has the right to obtain confirmation from Gatsby & White S.A. that personal data about him, who has access to this information as well as the following explanations are being processed:

  • The reasons for the data processing,
  • The categories of staff with access to this data,
  • The period during which Gatsby & White S.A. will retain this data.
  • The right of information, rectification, erasure or limitation the data processing,
  • The right to introduce a claim by the competent Control Authority and
  • The existence or not of automated individual decision-making.

6.2 Right to the rectification of data

The data subject has the right to obtain from Gatsby & White S.A. the rectification, as soon as possible, of the erroneous data concerning him, as well as the right to complete the missing data.

6.3 Right of erasure of data

The data subject has the right to obtain from Gatsby & White S.A. the erasure of the data concerning him as soon as possible.

  • When this data is no longer necessary for the insurance contract;
  • When the data subject withdraws the consent on which the processing of this data is based;
  • When the data subject objects to the processing of this data and there is no compelling legitimate reason for the processing of this data;
  • When this data has been unlawfully processed; or
  • When this data must be erased to comply with a legal obligation. 

6.4 Right to restriction of processing

The data subject has the right to obtain from Gatsby & White S.A. the limitation of the processing of personal data:

  • When the data subject disputes the accuracy of this data, for the time necessary to verify the accuracy of this data;
  • When the processing is illegal and the client opposes its elimination and instead asks for the limitation of its use;
  • When data is no longer needed by Gatsby & White S.A. but is still necessary for the client with regard to the search, exercise or defense of rights in the courts; or
  • When the data subject has objected to processing on grounds relating to his or her particular situation, pending the verification whether the legitimate grounds of the controller override those of the data subject.

 6.5 Right to notification

Gatsby & White S.A. must inform each recipient to which personal data has been disclosed of any deletion, rectification or restriction of personal data, unless such disclosure is impossible or requires disproportionate means.

6.6 Right to data portability

The data subject has the right to receive the personal data provided to Gatsby & White S.A., in a structured format, and has the right to transmit that data to another processing manager where technically possible.

6.6 Right to object and automated individual decision-making

The data subject has the right to object at any time to some automatic processing of personal data concerning him. The data subject has the right not to be the subject of a decision based solely on automated processing that produces legal effects that significantly affect him. You can contact the Gatsby & White S.A. data controller at: data.privacy@gatsbyandwhite.com

 

As far as our company Gatsby & White S.A. in Luxembourg is concerned, you can direct your complaints to the Luxembourg supervisory authority at the following address:

Commission nationale pour la protection des données

15, Boulevard du Jazz – LU-4370 Belvaux
Telephone: (+352) 26 10 60 26 I Fax : (+352) 26 10 60 2
www.cnpd.lu

 

On the other hand, if a Group Company is interested and has his headquarters in Liechtenstein, you may direct your complaints to the following supervisory authority:

Datenschutzstelle Fürstentum Liechtenstein

Städtle 38 Postfach 684 – LI-9490 Vaduz
Telephone: (+423) 236 60 90 I info.dss@llv.li
www.datenschutzstelle.li

Finally, if a Group Company is interested and has his headquarters in Belgium, you may direct your complaints to the following supervisory authority:

L’Autorité de protection des données

Rue de la presse 35 – BE-1000 Bruxelles
Telephone: +32.2.2744800 I Fax: +32.2.2744835
contact@apd-gba.be
www.autoriteprotectiondonnees.be

Gatsby & White S.A. retains the personal data of its data subjects for 10 years after the end of the contract. Recorded phone conversations are held for a year. Gatsby & White S.A. does not use the automatic processing of personal data for automated decision-making purposes neither for marketing purposes.

Gatsby & White S.A. may update its Privacy Regulations for the processing of personal data and the free movement of personal data from time to time. When we significantly change the policy, a notice will be posted on our website with the privacy update. When you receive a question or request for personal information, we have a dedicated team looking to answer the problem or question you are looking for. If your question is more substantial in nature, you may be asked for more information. All these background contacts receive a response. If you are not satisfied with the response received, you can refer your complaint to the national data authority.

If there are major changes that are incompatible with the purpose for which the data was collected, we will seek your renewed consent.

The Privacy Policy of Gatsby & White S.A. was updated on July 3, 2020.