Privacy Notice – Martello Re

Commitment to Personal Information Privacy

Martello Re Limited and its affiliated entities (collectively “Martello Re”, “us” “our” and “we”) are committed to maintaining the security, confidentiality, and privacy of Personal Information. “Personal information” means information associated with a specific identifiable individual (“Individual”) but does not include information about corporate or commercial entities. This Personal Information Privacy Notice documents our commitment to protecting Personal Information. All Martello Re employees must conduct their business in compliance with the Martello Re Personal Information Protection and Privacy Principles, as set out in this Personal Information Privacy Notice, and with all applicable Personal Information protection, privacy, secrecy, electronic communications, and confidentiality laws and regulations, and any other applicable laws or regulations to the extent that they relate to Personal Information privacy or protection (“Data Privacy Laws and Regulations”).

Personal Information Protection and Privacy Principles

To ensure a consistent, accountable, global approach to data privacy compliance, Martello Re has implemented the following set of Personal Information Protection and Privacy Principles, which establish good data privacy practices, demonstrate compliance with Data Privacy Laws and Regulations, and outline Martello Re’s high-level commitments to handling and using the Personal Information it collects, generates, holds and processes.

Transparency: We will be clear and transparent about how we collect and use Personal Information, including providing an Individual with a statement of how we use their personal information where required.
Fair and lawful usage: We will only collect, process, and store Personal Information lawfully and where we have a legitimate reason to do so.
Limited purposes: We will collect and process Personal Information for specified and lawful purposes and will not use it for further, incompatible purposes without first taking all steps necessary under applicable Data Privacy Laws and Regulations.
Data minimization and adequacy: We will ensure that the collection, retention, and processing of Personal Information is proportionate. We will strike an appropriate balance to ensure that we process sufficient data to carry on our business and achieve any specified lawful purpose, while making sure that we do not collect, retain, or process excessive amounts of Personal information.
Data quality and accuracy: We will maintain appropriate standards of Personal Information quality and integrity and implement policies with respect to Personal Information accuracy, including taking steps to avoid becoming out of date where appropriate.
Data security and retention: We will retain Personal Information securely, implement appropriate Personal Information retention policies, and dispose of Personal Information securely when it is no longer required. We will ensure that appropriate processes are put in place so only Martello Re employees with a business requirement to access such Personal Information are authorized and able to do so.
Training and awareness: We will ensure that Martello Re employees with access to Personal Information are trained appropriately in their obligations regarding that Personal Information.
Rights of Individuals: We will ensure that the rights of individuals are observed adhering to applicable Data Privacy Laws and Regulations, including any timelines established.
Third parties: Where we appoint a vendor or agent, we will require them to apply standards equivalent to the Martello Re Personal Information Protection and Privacy Principles. We will only disclose Personal Information to governmental or judicial bodies, law enforcement, agencies, or our regulators where this is allowed by applicable Data Privacy Laws and Regulations or otherwise required by applicable laws and regulations.
Data transfers: Where we voluntarily transfer Personal Information to another Martello Re entity, third party, or to another jurisdiction, we will ensure that the Personal Information transfer is lawful and that the recipient is required to apply the same, or equivalent, standards as those detailed within Martello Re’s Personal Information Protection and Privacy Principles.

Responsibility

Martello Re is responsible for Personal Information in its possession or control. We have designated a person to be responsible for compliance with this Personal Information Privacy Notice and have adopted procedures to protect Personal Information, receive and respond to complaints, access requests and inquiries, train employees regarding policies and procedures, and communicate our policies to an Individual as required. We will monitor ongoing developments in privacy legislation and make changes to this Personal Information Privacy Notice as required.

What We Collect

In addition to the Personal Information provided to us through our employees, website, or third parties, we may also collect publicly available information. The Personal Information we may hold includes:

Contact information including name, telephone number, address, and email address
Occupation and employer details; Education and performance data
Background details (criminal history)
Identification documents (which may include gender, nationality, photograph, signature, date, date of birth, and social security/insurance number)

Special data (Sensitive Personal Information) we may hold includes:

Martial status
Sex/gender
Citizenship
Place of birth
Ethnicity
Allergies

Purposes

Martello Re comes into possession of Personal Information as part of our operations.

We only collect and process Personal Information if it is lawful to do so, specifically where:

it is required to fulfill a contract with an Individual;
it is needed for us to comply with the law, regulation, or government request;
we must perform a task in the public interest;
it is necessary for our legitimate interests or the legitimate interests of a third party; or
the respective individual has provided us with their consent.

Martello Re may use Personal Information for the following purposes:

to meet our regulatory, legal, and professional obligations (e.g.: Due diligence checks);
to meet regulatory, legal, and professional obligations of third parties with whom we transact with (e.g.: banks, service providers);
to establish and manage our relationship with an Individual (e.g.: where the individual is, for example, an employee or vendor);
to monitor and manage the performance of our business operations;
to manage conflicts of interest;
to analyze performance and generate internal reports;
to invoice and process payments;
to process applications for employment;
in connection with a present, past, or future employment relationship with Martello Re or an affiliated entity.
to monitor visitor traffic to and usage of the Martello Re website;
to engage in business transactions;
to prevent fraud;
to undertake network and information security activities; and
for any other purposes for which we have an Individual’s consent or for which Martello Re or its third parties have a legitimate interest.

Martello Re collects and processes Personal Information to fulfill its contractual obligations with an Individual and meet our applicable statutory obligations.h a Data Subject and meet our applicable statutory obligations.

Limits on Collection, Use, Retention and Disclosure of Personal Information

Martello Re does not retain any more Personal Information than we believe is necessary for any of the purposes set out in this Personal Information Privacy Notice or which is dictated by legal or professional requirements. We will destroy, erase, or make anonymous documents or other records containing Personal Information as soon as it is reasonable to assume that the original purpose of obtaining and storing it is no longer being served by retention of the Personal Information or retention is no longer necessary for legal, business or professional purposes. We will take reasonable care when destroying Personal Information to prevent unauthorized access.

Transfer of Information

Transfers to Third Parties: Martello Re may, from time to time, use third parties while conducting its business. Martello Re will make reasonable efforts to ensure that the terms of this Personal Information Privacy Notice or a similar policy bind third parties.

We may share your Personal Information in the following circumstances:

Martello Re affiliated companies: We operate as a global business, and as such, we may share your personal information with companies under common control (and employees thereof) who may use this information for the purposes described in this privacy notice.
Insurance companies, intermediaries, financial institutions, retrocessionaires, and business partners: We may share your personal information with insurance companies, intermediaries, retrocessionaires, business partners, and financial institutions with whom we or you transact (e.g.: for the provision of insurance and including where the information is required as part of that third party’s own processes to satisfy their legal or regulatory obligations, such as anti-money laundering checks.)
Service providers: We may share your personal information with service providers that perform services and other business operations for us.
Any law enforcement agency, court, regulator, government authority, or professional body: We may share your personal information with these parties where we believe this is necessary to comply with a legal or regulatory obligation or otherwise to protect our rights or the rights of any third party.
Asset purchasers: We may share your personal information with any third party that purchases, or to which we transfer, all or substantially all of our assets and business. Should such a sale or transfer occur, we will make reasonable efforts to try to ensure that the entity to which we transfer your personal information uses it in a manner that is consistent with this privacy notice.

International Transfers: An Individual’s Personal Information may be transferred to or accessed from countries that may not have data protection laws equivalent to those of the Individual’s home country. Unless we have an Individual’s consent to transfer their Personal Information, the transfer is necessary for the performance of a contract or is otherwise permitted by applicable data protection and privacy laws, we will only transfer an Individual’s Personal Information to a country considered to have an adequate level of protection. If such a country does not have equivalent privacy laws, Martello Re will ensure appropriate safeguards are in place. Safeguards may include binding corporate policies and procedures, standard contractual data protection clauses approved by applicable supervisory authorities, an approved employee code of conduct, or an approved certification mechanism.

Rights of Individuals

Right to Access: An Individual has the right to request and obtain from us the details of their Personal Information and how it is processed, including the purposes of processing, whether it has been disclosed to third parties, and how long we intend to hold on to the data. Information will be provided upon written request from the individual, and we reserve the right to request identity authentication in the event of such a request.

Right to Withdraw Consent: Where an Individual has consented to us processing Individual Personal Information, the Individual has the right to withdraw that consent at any time. If we consider that the withdrawal of such consent will impede our ability to provide any service to the Individual, we reserve the right to terminate our service in the event of such a withdrawal.

Right to Accuracy/Rectification: An individual has the right to request that we rectify inaccurate Personal Information concerning the Individual.

Right to Object To or Restrict Processing: An individual has the right to object to or request that we restrict processing their Personal Information if:

they believe the Personal Information we hold about them is inaccurate;
they believe the processing is unlawful, but they oppose us erasing their Personal Information
we no longer need to process Personal Information, but they require it for the establishment, exercise or defense of legal claims; or
they object to the grounds upon which we have determined that processing their data is legitimate.

We are required to comply with their request unless the processing is to meet the conditions of a contract, under a legal obligation, to protect an individual’s vital interests, or otherwise permitted under applicable law.

Right to Object to Processing for Direct Marketing: An Individual has the right to object to processing their data for direct marketing purposes.

Right to Avoid Automated Decision Making: An Individual has the right not to be subject to a decision based solely on automated processing (i.e., a decision made without human involvement), including profiling, which produces legal or similarly significant effects concerning them, unless it is necessary for entering into, or the performance of, a contract between the Individual and Martello Re.

Right to Data Portability: An Individual has the right to receive their Personal Information in a machine-readable format and have that information transferred to another data controller, where technically feasible.

Right to Erasure (”Right to Be Forgotten”): An individual has the right to request that we erase their personal information. We will fulfill this request provided that there are no legal requirements for us to continue processing their Personal Information.

An Individual’s Right to Raise Concerns: Martello Re has procedures in place to receive and respond to complaints or inquiries about our policies and practices relating to the handling of Personal Information. If an Individual has any questions or concerns about their Personal Information or how Martello Re uses it, they can contact our Data Protection Officer at the address below.

If we are unable to address their concerns satisfactorily, they have the right to communicate with the relevant supervisory authority.

Accuracy

Martello Re may require an Individual to advise when their Personal Information changes, verify or update their Personal Information.

Safeguarding Personal Information

Martello Re protects the Personal Information in its custody or control by making reasonable security arrangements to prevent unauthorized access, collection, use, disclosure, copying, modification, or disposal, per our information security policy. Confidentiality and security are not assured when information is transmitted through email or other wireless communication. Martello Re will not be responsible for any loss or damage suffered due to a breach of security or confidentiality when information is transmitted by email or wireless communication. We will take an Individual’s use of a particular mode of communication as permission for us to communicate with them using the same method of communication unless otherwise instructed by the Individual.

Contact Us

If an Individual has any questions about this Personal Information Privacy Notice or their Personal Information, they may direct their inquiries in writing to the Data Protection Officer at:

Martello Re

12 Church Street

Hamilton HM 11

Bermuda

or at: compliance@martellore.com

Martello Re reserves the right to amend this Personal Data Privacy Notice.
Last updated December 2024.