For Residents in the U.S.

We take the privacy of our customers seriously and are committed to protecting your privacy. This Privacy Policy explains how we collect, use, and transfer your personal information and further explains your rights in relation to the personal information collected and stored by us when you use our site, www.tmhcc.com (our “Website”), or otherwise engage with our products and services (collectively, “Services”).

This policy sets out the following:

• What personal information we collect about you and how;
• How the personal information is used;
• Our legal basis for collecting your information;
• Who we share your personal information with;
• Where we transfer your information;
• How long we retain your information;
• Your rights and choices in relation to the personal information held by us;
• How to make a complaint in relation to the personal information held by us;
• How we use cookies on our website; and
• How to contact us with any questions in relation to this Privacy Policy or the personal information held by us.

We may offer certain products, programs or services that have unique or additional terms, privacy notices and/or consent forms that explain how Tokio Marine processes information. For details on any product-specific features, notices or terms, please review the terms for those products and services.

Who is TMHCC?

Tokio Marine HCC is a trading name of HCC Insurance Holdings, Inc. and its subsidiaries worldwide. Please click here for further information. These companies are collectively referred to in this Privacy Policy as “TMHCC”, “we”, “us” or “our”.

What personal information do we collect?

We collect personal information that you provide to us when you sign up for our Services such as your contact information and financial information. We may also collect information based on how you interact with our Services (e.g., the Services you have purchased) and/or other Internet or network activity (e.g., your Website browsing history or mobile device information).

Below are more details on the types of personal information we collect. For residents in California, please also refer to the end of the Privacy Policy to review categories of personal information that TMHCC collected and disclosed for a business purpose or shared with third parties in the past twelve (12) months.

INFORMATION THAT IS PROVIDED BY YOU

In order to provide Services to you, we may ask you to provide personal information. This may include, among other things, your name, email address, postal address, telephone number, gender, date of birth, passport number, bank account details, credit history and claims history, citizenship status, and/or marital status depending on the Services you are seeking.

If you create an account, we collect information to set up your account like a username or password. If you file a claim with us or if someone sets one up on your behalf, like your broker, we may collect information necessary to process claims, including medical history, health-related information, background checks, claims history, and public records of criminal convictions.

Some of the information that you provide may be considered “special category” or “sensitive personal information.” This category of personal information relates to your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation, and can sometimes be inferred from other, non-sensitive information that you have provided.

INFORMATION THAT WE COLLECT WHEN YOU INTERACT WITH US ONLINE

When you interact with us online, we may seek your consent to collect certain information from your device.

Specifically, the information we are seeking to collect includes information like your IP address, device type, unique device identification numbers, browser type, broad geographic location (e.g., country or city-level location), and other technical information. We may also collect information about how your device has interacted with our online services, including the pages accessed and links clicked.

Collecting this information enables us to better understand visitors to our online services, where they come from, and what content on our online services is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our online services to our visitors.

Some of this information may be collected using cookies and similar tracking technology, as explained further under the heading “Cookies” below.

INFORMATION THAT WE OBTAIN FROM THIRD PARTY SOURCES

From time to time, we may receive personal information about you from third party sources but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us.

For example, if you are an individual who is obtaining insurance from us via an insurance broker, we may obtain personal information about you from your broker in order to help us prepare your quote and/or your insurance policy. For information about how your broker uses and shares your personal information, please refer to the broker’s privacy statement.

We may also collect personal information from the following sources in order to provide Services to you:

• Credit reference agencies;
• Anti-fraud and other databases;
• Government agencies;
• Electoral register;
• Third party data providers or brokers;
• Court judgments and other legal proceedings;
• Sanctions lists;
• Family members or contacts; and
• In the event of an insurance claim, the other party to the claim, physicians, witnesses, experts, loss or claims adjusters, accountants, solicitors or attorneys, and claims handlers.

How is personal information used?

• We may need to use your personal information in order to carry out the following activities:
• To set you up as a new client (including carrying out “know your customer” checks);
• To provide you with an insurance quote;
• To provide our Services to you;
• To respond to your inquiries;
• To accept payments from you;
• To communicate with you about your policy;
• To renew your policy;
• To obtain reinsurance for your policy;
• To process insurance and reinsurance claims;
• For general insurance administration purposes;
• To comply with our legal and regulatory obligations;
• To model our risks;
• To defend or prosecute legal claims;
• To investigate or prosecute fraud;
• When you sign up for an online account;
• To secure our network and our online services, debug the online services, and repair errors;
• To conduct audits related to our interactions with you;
• To improve our Services and to develop new Services; and
• To send you notices and information regarding our Services, including notifying you about special promotions or offers where we are legally permitted to do so.

We may draw inferences from the personal information described above to help us tailor our communications to you and to improve our Services. We may aggregate and/or de-identify personal information collected in connection with the Services and use it for any purpose, including to further develop and improve our Service offerings.

Our legal basis for collecting your information

Our legal basis for collecting and using your personal information will depend on the personal information concerned and the specific context in which we collect it.

We will typically collect personal information where we need the information to provide you with our Services, perform a contract with you, where the processing is in our legitimate business interest and not overridden by your data protection interests, or with your consent.

In some cases, we may use your personal information for a legal obligation (e.g., in order to complete “know your customer” and money laundering checks before taking you on as a new client).

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will inform you at the relevant time and advise you whether the provision of your personal information is mandatory (as well as of the possible consequences if you do not provide your personal information). You are under no obligation to provide personal information to us. However, if you should choose to withhold requested personal information, we may not be able to provide you with certain Services.

Similarly, if we collect and use your personal information in reliance on our legitimate business interests (or those of any third party), we will inform you at the relevant time what those legitimate business interests are.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “Contact Us” section below.

Who is your personal information shared with?

We may disclose your personal information with the following categories of recipients.

• To our group companies, third party service providers and partners who provide data processing services (for example, data hosting and storage companies, email marketing affiliates, and payment and claims processing companies) or entities that otherwise process personal information for purposes that are described in this Privacy Policy (see “How is personal information used?”). A list of our current group companies is available here, and a list of our current service providers and partners may be available upon request;
• We may disclose personal information in connection with certain transactions with other third parties, such as financial institutions, credit bureaus, insurance brokers, or other similar entities in connection with our Services. We may also share information with select insurers and reinsurers to provide and administer the Services and your policy;
• We may disclose or share personal information with professional consulting firms, auditors, accountants, and legal services firms;
• To any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person;
• To a potential buyer (and its agents and advisers) or in connection with any proposed purchase, merger, restructuring, sale or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Policy; and/or
• To any other person at your direction or with your consent to the disclosure.

We do not sell (or transfer) your personal information for monetary compensation, but we may share your personal information with third parties for certain purposes that may be considered a sale under certain applicable laws.

For more information on the type of information we may share in this manner, please contact us using the contact details provided under the “Contact Us” section below.

International Transfers

Your personal information may be transferred to, and processed in, countries other than the country in which you are a resident. These countries may have data protection laws that are different compared to the laws of your country.

Specifically, the servers of HCC Insurance Holdings Inc. are located in the United States. However, other TMHCC group companies are registered elsewhere, including in the European Economic Area (“EEA”) and operate around the world. This means that when we collect your information, we may process it in any of these countries and have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Policy.

How long is personal information retained for?

We will keep your personal information on our records for as long as we have an ongoing legitimate business need to do so. This includes providing you with a Service you have requested from us or to comply with applicable legal, tax, or accounting requirements. It also includes keeping your personal information for so long as there is any possibility that you or we may wish to bring a legal claim under your insurance contract, or where we are required to keep your personal information for legal or regulatory reasons. We may also retain your personal information where such retention is necessary in order to protect your vital interests or the vital interests of another natural person. Our criteria for record retention periods is based on the following considerations: (i) the type of record (i.e., insurance claim information, marketing preferences, payment card data, etc.), (ii) the regulatory or legal compliance requirements for such record or policy, and/or (iii) the circumstances under which the records were initially collected.

If you wish to receive further information regarding our record retention procedures, please contact us using the contact details provided under the “Contact Us” section below.

Your Privacy Choices

Depending upon where you reside, you may have any or all of the following rights in connection with your personal information:

• Know the categories and/or specific pieces of personal information collected about you, including how we process and share that certain information generally;
• Access a copy of the personal information we retain about you;
• Request deletion of your personal information;
• Direct us to correct your personal information;
• Restrict how we use certain personal information or your sensitive personal information for certain purposes;
• Object to or limit the processing of your personal information;
• Request that we transfer your personal information to another entity;
• Request that we not reach decisions affecting you using automated processing or profiling; and
• Direct us to not sell or share your data for cross context behavioral advertising purposes.

We will verify your identity in connection with any of the above requests and take steps to ensure that only you or your authorized representative can exercise rights with respect to your information. There may be situations where we are unable to grant your request, such as if we cannot verify your identity or if we need to retain the information to fulfill a transaction.

You have the right to not be discriminated against for your privacy choices, and we will not restrict or deny you access to our Services based on the choices and requests you make in connection with your personal information. However, please note that certain choices may affect our ability to deliver our Services. For example, we need certain information to process your claims. Additionally, your exercise of these rights may be 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). Where we deny your request in whole or in part, we will take steps to inform you of the denial and provide an explanation of our actions and the reasons for the denial.

If we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information that was lawfully collected on grounds other than consent.

If you wish to access, correct, update or request deletion of your personal information, we will, at a minimum, ask you to provide us with a copy of any two of the following documents in order to verify your identity: (i) driver’s license; (ii) passport; (iii) birth certificate; (iv) bank statements (from the last three months); or (v) utility bills (from the last three months). With regards to your right of access, the first access request will be complied with free of charge, but additional copies may be subject to a reasonable fee. In addition, you may object to processing of your personal information, ask us to restrict processing of your personal information, or request portability of your personal information.

If you are an authorized agent making a request on behalf of another individual, you will be asked to provide proof that the consumer gave you permission to submit the request on their behalf, which may include providing proof of a power of attorney. Additionally, we may request that the individual verifies their own identity and/or confirm that you have permission to act as their authorized agent and to submit a request.

Although we do not sell your personal information, we allow certain companies to place tracking technologies such as pixels or cookies on our sites. Those companies receive information about your interaction with our sites that is associated with your browser or device and may use that data to serve you relevant ads on our sites or others. Except for this kind of sharing, we do not sell any of your information.

To exercise any rights you may have in connection with your personal information, please click here to submit an online request or call us toll free at 888-688-0775 and select option 2.

Automated decision making

In some instances, TMHCC may use automated decision making tools to perform legitimate business functions. When we make an automated decision about you, you may have the right to contest the decision, to express your point of view, and/or to require a human review of the decision.

Automated decisions mean that a decision concerning you is made automatically on the basis of a computer determination (using software algorithms), without our human review. For example, in certain instances, we may use automated decisions to establish whether we will offer insurance coverage to a prospective insured. We have implemented measures to safeguard the rights and interests of individuals whose personal information is subject to automated decision-making.

If you wish to receive further information regarding our use of automated decision making tools or to exercise any rights you have in connection with decisions made through use of these tools, please contact us using the contact details provided under the “Contact Us” section below.

Marketing

We may also use your personal information to send you marketing materials. If you are a resident in the U.S, you have the right to opt-out of receiving marketing communications.

If you would like to stop receiving marketing materials from us, please unsubscribe by clicking the “unsubscribe” link in the relevant marketing email, emailing us at [email protected], calling us at (888) 688-0775 and selecting option 2, or writing to us at:

Tokio Marine HCC
Attn: Marketing Department
13403 Northwest Freeway
Houston, TX 77040

Security

TMHCC is committed to keeping our personal information safe. However, no administrative, physical or technical security measure is 100% effective. We have reasonable security measures in place designed to protect against the loss, misuse and alteration of personal information under our control. For example, our security and technology policies are periodically reviewed and enhanced as necessary and only authorized personnel have access to user information. We use Secured Socket Layer (SSL) to encrypt financial information you input before it is sent to us. The servers we use to store personal information are kept in a secure environment.

If you have any concerns that your TMHCC account or personal information has been put at risk, please contact us using the contact details provided under the “Contact Us” section below.

Cookies and other tools

Our sites use cookies (a small piece of information that is placed on your computer when you visit certain websites) to distinguish you from other users, to track your browsing pattern, and to build a profile of how you and other users use our sites. This helps us to provide you with a good experience when you browse any of our sites and also allows us to improve our sites. If you have an online account with us, TMHCC also uses cookies to recognize you to pre-fill forms to save you time. TMHCC does not mandate Cookies for you to access our sites and you may freely set your browser to reject all Cookies or prompt you to accept or reject them. Some of the cookies we use are session cookies and only last until you close your browser, others are persistent cookies which are stored on your computer for longer. We may collect information through web beacons about your web browsing activities such as the address of the page you are visiting, the address of the referrer page you had previously visited, the time you are viewing the page, your browsing environment and your display settings. We do this in order to optimize your browsing experience, the use of web-based services and provide you with relevant information on TMHCC Services when you have opted-in to receiving such correspondence. For further information about TMHCC’s use of cookies, see TMHCC's Cookie Policy.

Because we link to social media sites, and from time to time may include third-party advertisements, other parties may collect your personally identifiable information about your online activities over time and across different web sites when you visit this Website.

Children’s information

Our websites and applications are not directed to children under 16, and we do not knowingly collect any personal information directly from children under 16. If you believe that we are processing personal information pertaining to a child inappropriately, we ask you to contact us using the information provided under the “Contact Us” section.

Changes to this Privacy Policy

We may update this Privacy Policy from time to time in response to changing legal, technical, or business developments. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws.

You can see when this Privacy Policy was last updated by checking the “effective date” displayed at the top of this Privacy Policy.

Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.

Contact us

If you have any questions about this Privacy Policy and are a resident in the U.S., please contact us using the following contact details:

Phone: 888-688-0775 and select option 2

Email: [email protected]

If you are a resident outside of the U.S., please refer to our Global Privacy Policy for contact details.

California Residents in the U.S.

Below are the categories of personal information that TMHCC collected and disclosed for a business purpose or shared with third parties in the past twelve (12) months.