By providing your personal information, directly or through third parties, and using any products or services that Advantage provides, you accept and consent to our personal data processing according to the practices described in this policy.
The Data Protection Law, 2017, came into force in the Cayman Islands on 30 September 2019. This policy will be updated if there are changes in the law or any changes to our business. Please check this policy regularly to ensure you are familiar with its terms.
2. Who we are
Advantage specializes in providing customized insurance services to individuals and business owners to serve their risk management and financial planning needs.
Advantage has two primary lines of business: Life Insurance and Business Insurance. Advantage’s Life Insurance division issues private placement life insurance policies and annuities, and it’s Business Insurance division provides captive insurance management services.
In addition, Advantage underwrites specific property and casualty insurance risks for its own account and on behalf of its captive insurance clients. Advantage is a resident company incorporated, licensed, and regulated under the laws of the Cayman Islands.
Advantage’s office is located at Suite 5304, 18 Forum Lane, Camana Bay, P.O. Box 453, Grand Cayman KY1-9006, Cayman Islands.
In this policy, we refer to Advantage as ourselves as “we,” “us,” and “our.”
Advantage is a “data controller” as such, Advantage is responsible for deciding the reasons for and how we will hold and use your personal information, including:
- How to use, store, and process your personal data;
- With whom to share your personal data;
- When to modify or erase your personal data;
- When to engage one or more third parties to process your personal data; and
- Which such third parties engage.
Advantage will continue to be a data controller, even where we engage third parties to perform certain processing activities on our behalf.
3. Contact us
The Data Protection Officer, Suite 5304, 18 Forum Lane, Camana Bay, P.O. Box 453, Grand Cayman KY1-9006, Cayman Islands or by email to Info@aimcl.com.ky
4. What personal information may we hold about you?
We may collect the following personal information about you:
- Date of birth;
- Passport or other national identifiers;
- Driving license number;
- National insurance or social security number;
- Employment information;
- Tax identifier and tax residence;
- Bank account numbers and economic information;
- Your contact telephone number(s);
- Your contact email address(es);
- Any personal information you disclose to us in letters, requests for information, emails, or telephone conversations.
As well as personal information (such as your name, address, telephone number), we may collect sensitive personal information (also known as special categories of data). This sensitive data includes but is not limited to your racial or ethnic origin, your political affiliations, physical or mental health.
We use this data to ensure we comply with the Cayman Islands laws and regulations and our client acceptance policy. For example, we may need medical and criminal data about you as part of the due diligence upon applying for an insurance policy.
By providing this sensitive data to buy products or services with Advantage, it is implied that you are in full consent for us to process sensitive personal information. We will apply additional security and confidentiality measures when processing your sensitive personal information.
5. We may collect information from you in the following ways:
5.1 Information provided by you
- When you use our website and fill in our contact form for us to contact you by telephone, post, and or email about our products and services;
- When you fill in our forms and any associated documentation that you complete when signing up for our products and services;
- When you talk to us on the phone or face to face when you visit our offices to enquire about or to engage us in providing our products and services;
- When you contact us by email or by letter;
- When you complete customer surveys;
- When you contact us through social media;
- When you make a complaint.
5.2 Information we collect
From third parties, including attorneys; accountants; tax authorities; governmental agencies, advisors, custodians, and departments; regulatory authorities; fraud prevention and detection agencies and organizations, including law enforcement.
From publicly available and accessible directories and sources, including websites.
Profile and usage data from devices such as computers and mobile phones that you use to connect to our website using cookies and other internet tracking software.
5.3 If you choose not to give personal information
If you choose not to give us your personal information, it may mean that we cannot provide our products or services to you.
We will only collect the personal information that we need to provide a service to you. When we ask you for information, we will make it clear why we need it. Any data collection that is optional will be made clear at the point of collection.
If you provide any personal information relating to another person, we assume that you do so with their full knowledge and consent.
5.4 Our purpose for collecting and processing your personal data
The Cayman Islands Data Protection Law, 2017, states that we can use your personal information only if we have a lawful purpose. Meaning that we can only process your personal data if we have one (or more) of these reasons:
- To fulfill a contract we have with you, or;
- To comply with a legal obligation, or;
- When it is in our legitimate interest, or;
- When you consent to it, or;
- To protect your vital interests, e.g., in cases of life or death, or;
- When it is to exercise a public function or is in the public interest, e.g., it’s necessary to deliver justice;
- A legitimate interest is when we have a business or commercial reason to use your information. However, our use of your personal data must not have a negative or unfair impact on you.
The processing is necessary for the performance of a contract, including:
- Administering or managing the products and services we provide you;
- Applying for and obtaining necessary government and regulatory consents and permissions;
- Facilitating the continuation or termination of the contractual relationship between you and any third-party service providers.
The processing is necessary for compliance with applicable legal or regulatory obligations, including:
- Undertaking due diligence and onboarding checks;
- Carrying out know your client, anti-money laundering and counter-terrorist financing checks, including verifying your identity and addresses;
- Complying with requests from regulatory, governmental, tax, and law enforcement authorities;
- Carrying out audit checks and instructing our auditors;
- Maintaining statutory registers;
- Preventing and detecting fraud;
- Complying with the United States Foreign Account Tax Compliance Act and other comparable legislation;
- Complying with applicable sanctions and embargo legislation.
In pursuance of our legitimate interests, including:
- Complying with a legal, tax, accounting, or regulatory obligation to which we are subject;
- Assessing and processing requests you make;
- Sending updates, information, and notices or otherwise corresponding with you in; connection with the services we provide you;
- Sending you invoices in relation to the products and services we provide;
- investigating any complaints, or pursuing or defending any claims, proceedings, or disputes;
- Providing you with, and informing you about our products and services;
- Managing our risk and operations;
- Complying with audit requirements;
- Ensuring internal compliance with our policies and procedures;
- Protecting our business against fraud, breach of confidence, or theft of proprietary materials;
- Monitoring phone calls and capturing CCTV footage for security, quality, and training purposes;
- Seeking professional advice, including legal advice;
- Facilitating business asset transactions;
- Monitoring communications to/from us (where permitted by law);
- Protecting the security and integrity of our I.T. systems;
But in all cases, only where we have considered that the processing is necessary and, on balance, our legitimate interests are not overridden by your legitimate interests, rights, or freedoms.
We may use your personal information to market our products and services.
The personal information we have for you is made up of what you tell us and the data we collect from third parties. We use this to identify and inform us of what we think you may want or need or have interest in. This is how we decide which products, services, and offers may be relevant for you.
We can only use your personal information to send you marketing messages if we have either your consent or ‘legitimate interest.’ That is when we have a business or commercial reason to use your information. It must not unfairly go against what is right and best for you.
You can ask us to stop sending you marketing materials by contacting us at any time using the contact details above.
Before sending electronic marketing communications, we will follow the law and guidance, which requires us to seek your consent. You can withdraw your consent at any time. Please contact us using the contact details above.
We may ask you to confirm or update your choices from time to time and if there are changes in the law, regulation, or the structure of our business.
Advantage will never sell your personal data to third-party organizations for marketing purposes.
7. With whom we share your personal information
When we need to share personal data with third parties, our relationships with them are governed by contracts that impose strict data sharing and confidentiality requirements.
Sometimes we need to share personal information we hold about you with other organizations that we work with or provide services on our behalf. When sharing information, we will comply with all aspects of data protection law.
The information is sensitive, for example, about your health. We will generally obtain consent from you before sharing this information unless required or permitted to share this by law.
Where sharing is in our legitimate business interests, we may share your information without seeking your consent. This shared information may be with:
- Third parties providing services on our behalf and their respective affiliates for the purposes set out in this notice, in particular: managing our relationship with you; delivering the services you require; supporting and administering service-related activities; complying with applicable laws and regulations; delivering and facilitating the services needed to support our business relationship with you; providing you with marketing materials;
- Our lawyers, accountants, auditors, and other professional advisors to provide you with our products and services; and seeking advice on, and complying with legal and regulatory requirements or legal rights and obligations;
- Tax authorities to comply with applicable laws and regulations; and where required by tax authorities (who, in turn, may share your personal data with other tax authorities);
- Police and other relevant authorities in relation to the prevention and detection of crime, the apprehension of offenders or the collection of tax or duty, and parties to litigation (whether pending or threatened) in any country or territory.
We may also share information when required by law, for example, were ordered by the Court or to protect an individual from immediate harm.
We may also share your personal information if the structure of Advantage changes in the future. We may choose to sell, transfer, or merge parts of our company or our assets or seek to acquire other companies or merge with them. During any such restructuring of our Group, we may share your information with other parties. We will only do this if those parties agree to keep your data safe and private.
7.1 Sending data outside of the Cayman Islands
We will only send your data outside of the Cayman Islands or the European Union to:
I. Follow your instructions, or
II. Comply with a legal duty.
If we do transfer your personal information outside of the Cayman Islands or the E.U., we will make sure that it is protected in the same way as if it was being processed in the Cayman Islands. We will use one of these safeguards:
I. Transfer it to a non-EU country with privacy laws that give the same protection as the E.U.; or
II. Put in place a contract with the recipient means they must protect it to the same standards as the E.U.
Please contact us in writing if you would like to know more about these arrangements.
7.2 How long do we keep your personal information?
We will keep your personal information for as long as you are a client of Advantage.
After you stop being a customer, we may keep your information for up to 7 years for one of these reasons:
- To respond to any questions or complaints or to resolve any follow-up issues between us;
- To show that we treated you fairly;
- To maintain records according to legal rules that applies to us.
We may keep your data for longer than seven years if we cannot delete it for legal, regulatory, or technical reasons. If we do, we will ensure that your privacy is protected and only use it for those purposes.
We will apply appropriate technical and organizational measures to ensure your personal information is secure. For example, we have systems to ensure that access to personal information is restricted to authorized individuals on a strictly need-to-know basis.
To help us ensure your personal information security and confidentiality, we will ask you (and any of your representatives) security questions to confirm your identity when you call us and as may be necessary when we contact you. We will not discuss your personal information with anyone other than you unless you have given us prior written authorization to do so or have received an explicit verbal instruction from you (as a one-off circumstance).
8. Automated decision-making
We will not make decisions producing legal effects concerning you, or otherwise significantly affect you, based solely on your personal information’s automated processing. The only exception to this will be unless we have considered the proposed processing in a particular case and concluded in writing that it meets the applicable Cayman Islands regulatory requirements.
8.1 Your rights
The Advantage is committed to upholding your data privacy rights.
8.2 The right to be informed
8.3 The right of access
You have the right to ask us what personal information we hold about you and request a copy of your personal information. This type of request is known as a ‘subject access request’ (SAR).
SARs need to be made in writing and accompanied by proof of your address and identity. If someone is requesting information on your behalf, they will need to provide us with your written consent for us to release your information and certified proof of I.D. (both yours and theirs).
If you seek to obtain specific information (e.g., about a particular matter or that relates to a specific period), please clarify the details of what you would like to receive in your written request.
We will provide a copy of your information free of charge. However, we can charge a ‘reasonable fee’ if your request is manifestly unfounded or excessive, mainly repetitive. Our fee will be based on administrative costs incurred by us in providing your information.
Where your request is manifestly unfounded or excessive, we can refuse to respond. If we refuse to respond to your request, we will let you know why.
We have 30 days to provide you with the information you have requested. We may extend this period if your request is complex or have received many requests from you. If this is the case, we will inform you within one month of your written request receipt, explaining why an extension is necessary.
8.4 The right to rectification
You can ask us to rectify your personal data if it is inaccurate or incomplete by contacting us using the contact details above. If you do, we will take reasonable steps to check its accuracy and correct it.
Where we have shared your personal data in question with others, we will contact each recipient and inform them of the rectification of your personal data, unless this proves impossible or involves disproportionate effort.
Please help us keep our records accurate by keeping us informed of any personal information changes.
8.5 The right to stop or restrict processing
You have the right to require that our processing of your personal data stops, or does not begin, or ceases for a specified purpose or in a specified way. A request to stop is not an absolute right. We will need to consider the circumstances of any such request and balance this against our need to continue processing the data, for example, to comply with a legal obligation. If we are processing your data on the grounds of legitimate interests (as detailed earlier), we will consider whether our legitimate grounds override those of yours.
Your request is to be made in writing. We have twenty-one days to comply with your request. We may write to the Ombudsman requesting permission not to comply with this request if we believe we need to continue processing your data, for example, to comply with a legal obligation.
Where we have shared the personal data in question with others, we will contact each recipient and inform them of the cessation or restriction of the personal data, unless this proves impossible or involves disproportionate effort.
8.6 The right to stop direct marketing
You have an absolute right to ask us to stop processing your personal data for direct marketing. This request can include any profiling of data that is related to direct marketing. You must notify us in writing.
A request to stop direct marketing is an absolute right, and there are no exemptions or grounds for us to refuse. If we receive an objection from you to processing your personal information for direct marketing purposes, we will stop processing your data. If we are only holding your personal data for marketing purposes, we will erase that information.
If you feel we have not complied with your request, you can complain to the Ombudsman (whose contact details are below).
8.7 Rights concerning automated decision making and profiling
You can ask us to review any decisions that are determined by automated means (deciding for you solely by automated means without any human involvement). You can also object to our use of your personal data for profiling (automated processing of personal data to evaluate certain things about you). Please contact us on the contact details above.
8.8 The right to complain/seek compensation
You have the right to complain to the Ombudsman if you believe we have breached or violate the Data Protection law. You can complain on your own or someone else’s behalf. If you are complaining on behalf of another, you must provide us with written authorization from that person.
If you suffer damage due to us violating the Data Protection law, you may seek compensation in the courts.
9. How to complain
If you are unhappy with why or how we have used your personal information, please contact us using the contact details above.
Alternatively, suppose you want to raise a complaint about our processing of your data or would like to seek an independent view. In that case, you can contact the Cayman Islands Ombudsman using the following contact details: