McLarens – Data Privacy – Mexico  

The Federal Law on the Protection of Personal Data held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares)

We value the privacy of your personal information.

This McLarens Privacy Statement outlines how we collect, hold, use and disclose your personal information.  Before processing your data, we have obtained your consent to so do. You may have consented to your insurer or to us during the claims process.

Personal data in Mexico is governed by a number of laws but in particular the Federal Law on the Protection of Personal Data held by Private Parties and the Laws Regulations ( the “DPL”)

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 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.

Where we disclose information to third parties, we limit the use and disclosure of personal information provided to us by them for the purposes for which we collected it (e.g., in relation to the handling or settlement of the relevant claim). Our insurer clients, their agents, advisers and other relevant third parties may have their own privacy policy that contains information about their privacy practices and how you can access any personal information they hold about you, seek correction of it or make a complaint about a breach of the DPL.

We may also hold and use your personal information, and disclose your personal information to relevant third parties for the following purposes:

• To deal with enquiries – we may need to collect your personal information to answer an enquiry you make.
• Dealing with a complaint – for example a complaint made by you in respect of service provision.
• Maintaining and improving our service, auditing, quality assurance and training – for example, we may review your personal information to identify how our services can be improved.
• Assisting with the claims process by providing your name address and phone numbers to contractors
• Other purposes – for any other purpose communicated to you at the time we collect your personal information or as required or permitted by law.

Occasionally we may be required or authorised to collect personal information because of laws in Mexico 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 Mexico where the relevant third party is located outside of Mexico (for example, to an insurer and reinsurers and their representatives who are located overseas) but only to countries where the level of data privacy law is the same or greater than that in Mexico.

Our contractual arrangements with these entities generally include an obligation for them to comply with Mexico ’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:

• name, date of birth and gender of you, your colleagues/employees and/or family members,
• contact details such as address, phone, fax and email of said persons
• bank account details.
• medical data.
• county court judgements.
• information relevant to providing a service such as:
• your claims history.
• information obtained as part of the management and processing of a claim (e.g., information on a police report).
• details of insurance policies you hold or have held; and
• sensitive information such as criminal records (e.g., where this information is relevant to processing a claim).

In the event that you wish to limit or suspend the processing of your Personal Data for use for advertising or promotional purposes, you may also register in the Public Registry to Avoid Advertising (REPEP) of the Federal Consumer Protection Agency (PROFECO) through its website https://repep.profeco.gob.mx

EXERCISING YOUR ARCO RIGHTS

As owner of the personal information, you may at any moment exercise your rights to access, rectify, cancel and/or oppose the processing of your personal information (the “ARCO Rights”) as well as to revoke your consent regarding the processing of any personal information which violates the terms of the Global Privacy Statement and this Addendum, via a written request to our Data Privacy Officer Liz Tubb at Compliance@mclarens.com, insofar as the requested opposition and/or revocation poses no harm to third parties’ rights and in accordance with article 34 of the Law.

Your request must include: i) the name of the owner of the personal information, ii) an address whereby the request may be answered, iii) official documents that establish the identity of the data owner, or, where applicable, proof of legal representation of the Personal Data’s owner, and iv) a clear and precise description of the personal information for which you wish to exercise your ARCO rights.

Requests for rectification of personal information must include the modifications which you wish to be made and evidence to support such petition; requests regarding the revocation of your consent must communicate in a clear manner that you wish to revoke your consent regarding the processing of certain personal information, and where applicable, the reasons for such revocation.

Upon receipt of your request, we shall have a term of 20 (twenty) business days to inform you of the relevant solution, with such solution being effective as of 15 (fifteen) business days following the date on which such resolution was informed to you in writing or via e-mail. The aforementioned terms may be extended once, insofar as proper justification for the extension is given.

PERSONAL DATA TREATMENT CONSENT

You, as the owner of the Personal Data, declare having read and agree to the terms and conditions provided of the Global Privacy Statement and this Privacy Statement that is available for you, knowing the purpose of the collection and treatment of your Personal Data, as well as the procedure to exercise your ARCO rights and the revocation of your consent.

Personal Data, including biometric data, may be collected and processed by Insurers and third parties relate to the processed claim, in accordance with the provisions of the Global Privacy Statement and this Privacy statement.

The National Institute for Transparency, Access to Information, and Personal Data Protection (INAI) is the competent authority to resolve any conflicts arising from the application of the Federal Law on the Protection of Personal Data in Possession of Private Parties and its Regulations.

Your Personal Data will be treated in compliance with the safeguard levels required by Law.

Transfer of Information Overseas

We may transfer your personal information overseas if your insurer is not resident in Mexico. 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. We will only transfer data to countries where they have the same or higher level of data privacy laws and controls.