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Privacy Policy

 

Introduction

Claims Portal Ltd is committed to protecting your personal data. This privacy policy will inform you on how Claims Portal Ltd uses your personal data and about your rights under data protection legislation.

Where you provide personal information to Claims Portal Ltd about other people, Claims Portal Ltd will be the data controller of the personal data you provide. You are required to bring this Policy to the individual's attention and provide them with a privacy policy which incorporates Claims Portal Ltd’s Privacy Policy, before supplying Claims Portal with their personal data.

Who we are

The Data Controller is Claims Portal Ltd (‘CPL’), registered office: c/o Field Fisher Waterhouse LLP, Riverbank House, 2 Swan Lane, London EC4R 3TT and is responsible for the personal data contained in the Rapid Claims Settlement Portal.

CPL provides the functionality for claimant representatives, compensators and litigants in person (LIPs) to exchange all relevant claim information and documentation between in line with the MoJ Pre-Action Protocol. It is a scheme for Employers Liability (EL), Public Liability (PL) and Motor claims of a value up to £25,000.

The Data Protection Officer is the Motor Insurance Bureau Chief Risk Officer who can be contacted at 6-12 Capital Drive, Milton Keynes, MK14 6XT or by email: GDPREnquiries@mib.org.uk

How CPL uses your personal data

The purpose of processing is to provide a secure portal of communication for claimant representatives, LIPs and compensators to process claims that fall under the definition of the Ministry of Justice’s (MoJ):

  • Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, and
  • Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability).

CPL will only use your personal data when the law allows it to. CPL will use your personal data for the purposes of where the:

  • processing is necessary for compliance with a legal obligation. CPL only act in accordance with the Pre-Action Protocols and consults regularly with the MoJ to ensure they are adhering to these legal obligations.
  • processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity;

CPL does not generally rely on consent as a legal basis for processing your personal data other than for the purposes of marketing communications to you by email. You have the right to withdraw your consent to marketing at any time by clicking ‘unsubscribe’ at the bottom of the email or by emailing: claimsportal@mib.org.uk

Information we may collect about you

Personal data means any information relating to an identifiable person who can be directly or indirectly identified. It does not include data that is about an organisation or company information.

We may collect and process the following data about you:

Data Type

Personal information collected

Identification data

Name, address, email address, telephone number, National Insurance number, IP address

Contact data

Email address, address, and telephone numbers

Usage data

Information on how individuals use the CPL website

Technical data

Traffic data, location data, internet protocol (IP) address, login data

Claim data

Information contained on the Claim Notification Forms (CNF) submitted onto the Portal, medical records, vehicle information, employment information and supporting evidence including but not limited to photographic evidence and documents to assist with the processing of the claim.

Research data

Surveys completed, forms completed on the website

Marketing and Communication data

Includes any preference in receiving marketing from CPL and communication preferences.

Purposes for which CPL will use your personal data

To register you as a CPL user which will include making certain checks that the registering party is considered to be suitable to obtain access and to use the Rapid Settlement Claim database operated by CPL.

To process a claim through the Portal, information concerning the claim is entered on the CNF and submitted onto the Portal for the purposes of processing the claim, including any supporting evidence or documentation.

To manage CPL’s relationship with you which will include:

·         Arranging audits

·         Notifying you of changes to terms

·         Renewing your Agreement with CPL

·         Providing updates on the Portal service; and

·         Corresponding about issues arising from your use of the Portal

Correspondence, any emails or calls logged with the Helpdesk a record will be kept of that correspondence by CPL.

Monitoring or dealing with user enquiries about the service, that may include information provided at the time of registering to use our website, subscribing to our service, posting material, requesting further services. We may also ask you for information when you report a problem with our website.

We (including our agents or subcontractors) may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

Details of use and transactions you carry out through our website and of the fulfilment of your enquiries.

Details of your visits to our website including, but not limited to, traffic data, location data, internet protocol (IP) address, login data.

Categories of personal data

CPL processes personal data as defined by the applicable data protection legislation.

CPL may also process special categories of data, in particular data concerning health, as injuries or diseases associated with the claim could be either entered on the CNF or medical records submitted onto the Portal as evidence to assist with the processing of the claim. 

Any recipient or categories of recipients of the personal data

CPL may sometimes need to share the personal information we process with the individual themselves and also with other organisations. Where this is necessary we are required to comply with all aspects of the General Data Protection Regulations. What follows is a description of the types of organisations we may need to share some of the personal information we process with for one or more reasons.

Where necessary or required we share information with:  

  • Suppliers and services providers
  • Government bodies
  • Law enforcement and prosecuting authorities
  • Ombudsmen and regulatory authorities
  • Courts and tribunals
  • Employees and agents of the data controller
  • Fraud prevention agencies and organisations including the Insurance Fraud Bureau (IFB).

Details of transfers to third countries and safeguards

The Internet is a global medium and your information may therefore be transferred outside the European Economic Area (EEA) en route. Your information may be transferred to any country, including countries outside the EEA where the transfer is necessary for the purposes of establishing, exercising or defending legal rights, obtaining legal advice, or in connection with any legal proceedings.

CPL will ensure to comply with all aspects of the General Data Protection Regulation and applicable data protection legislation.

Retention of data

CPL will only retain your personal data for as long as necessary to fulfil the purposes that it was collected for, including for the purposes of satisfying any legal or regulatory requirements.

Claims may be removed from the Portal after 30 days. This includes claims that have ended because they have timed out, settled, reached court proceedings or where either party has decided to take the claim out of the process using the Exit process.

For the retention periods of claims and accounts held on the Portal system on the Rapid Settlement Claim database, please refer to the Claims Portal Data Retention Policy for more information.  

Data Subject Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. If you wish to exercise any of the rights set out, please email: claimsportal@mib.org.uk 

It is important that the personal data CPL holds about you is accurate and current. Please update CPL if your personal data changes during your relationship with CPL.

CPL will not usually charge you a fee for any request you make.

CPL may need to request specific information from you to 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.

CPL will respond to your requests as soon as possible and at the latest within a month. Occasionally it may take CPL longer than a month if your request is particularly complex or you have made a number of requests. In this case, you will be notified and kept updated on the progress of your request.

The right to access your data

You can access your data held on the Claims Portal Ltd by completing a ‘data subject access request’. A form can be found here. This enables you to obtain data that is processed about you within the Portal.  If you wish to obtain the full claim file/details you may wish to submit a request to your Claimant Representative or Compensator who are dealing with your claim.

The right to rectification

You are entitled to have your personal data rectified if it is inaccurate or incorrect. . If your information is to be rectified the only way to do this is for your Claimant Representative or Compensator who entered the information onto the Portal to delete the claim from the Portal and a new CNF submitted onto the system with the corrected personal data.

The right to erasure (also known as ‘right to be forgotten’)

This enables you to request CPL to delete or remove personal data where there is no good reason for CPL to continue to process it. This is not an absolute right and CPL may not always be able to comply with your request of erasure for specific legal reasons. If this is the case you will be notified of this at the time of your request.

The right to restrict processing

This enables you to request to restrict processing of your personal data where:

  • a) you wish for CPL to verify the accuracy of the personal data.
  • b) the processing is unlawful and you want to restrict the use of it rather than request for the data to be erased.
  • c) the personal data is no longer needed by CPL but you require it for exercise or defense for legal claims.
  • d) if you have objected to CPL’s use of your data but CPL need to verify if it has an overriding legitimate reason to continue to process it.

CPL may not always be able to comply with your request to restrict processing for specific legal reasons. If this is the case you will be notified of this at the time of your request.

The right to object to processing

This enables you to object to the processing of your personal data if CPL are relying on a legitimate interest to do so. CPL may not always be able to comply with your request for specific legal reasons. If this is the case you will be notified of this at the time of your request.

You also have the right to object where CPL is processing your personal data for direct marketing purposes.

Rights related to automated decision making including profiling

This enables you to obtain an explanation of the automated decision making or challenge and object to the processing of personal data for the use of automated decision making. If you do not want CPL to undertake automated decision making in relation to your personal data you may be unable to continue to use the Portal system. If this is the case you will be notified of this at the time of your request.

The right to withdraw consent at any time where CPL are relying on consent to process your personal data.

This will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, CPL may not be able to continue to provide services to you. If this is the case CPL will inform you of this at the time you withdraw your consent.

Right to lodge a complaint with a supervisory authority

Under Article 77 of the General Data Protection Regulations, a consumer has the right to lodge a complaint with a supervisory authority, if the data subject considers that the processing of personal data relating to him or her infringes this regulation. Please see the Information Commissioner’s website for further information. www.ico.org.uk

The source the personal data originates from

The personal data received by CPL originates from Authorised Users (Claimant Representatives/Compensators) who collect the data directly from the data subjects or from the individual themselves if registered as a Litigant in Person (LIPs). 

Personal data will be collected on the Rapid Settlement Claim site through submitting an application to register on the Portal and submission of the Claims Notification Form (CNF) either for yourself or on behalf of a claimant.

Personal data will also be collected on the Claims Portal website through our Contact Us page or if you sign up for communication updates.

Changes to the Privacy Policy

CPL will keep this privacy policy under regular review, this was last updated on 23 May 2018.  

Any updates made from time to time will reflect developments or as stipulated by data protection legislation and amendments to ICO guidance.

Please check the CPL website regularly for any updates or changes to the Privacy Policy.