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Data Protection is the safeguarding of the privacy rights of individuals in relation to the processing of personal information, in both paper and electronic format.
This KBC Life and Pensions Data Protection Notice is effective as and from 1st of May 2020.
Part One: To safeguard your privacy, we must work together
Part Two: Your right to privacy
Part Three: KBC Life and Pensions has many reasons for processing your personal information
Part Four: KBC Life and Pensions processes different sorts of personal information
Part Five: On cooperation, confidentiality and security
Protection of your information is very important to us. Our aim as data controller is to process your personal information in a manner that is lawful, appropriate and transparent. In this data protection notice, we explain the personal information we collect from you as a natural person and then process.
Throughout this notice, the information referred to are yours as policyholder, prospective policyholder, or other data subject. Regardless of the capacity you act in, your rights remain unchanged and KBC Insurance NV trading as KBC Life and Pensions will treat your personal information with equal care.
We recommend that you read this information carefully, so that you know the purposes for which KBC Insurance NV trading as KBC Life and Pensions uses your personal information. This data protection statement also contains more information about your data protection rights and how you can exercise them.
This notice is only applicable for processing of personal data within the context of KBC Life and Pensions.
KBC Life and Pensions may make changes to this data protection notice. The most recent version of this notice and of KBC Bank Ireland Plc’s data protection notice is always available at https://www.kbc.ie/data-protection
KBC Life and Pensions will inform you of all substantive changes to the terms via the KBC website, the KBC Mobile Banking App or other communication channels.
You will also find more information about Irish data protection legislation on the Irish Data Protection Authority's website at www.dataprotection.ie
Members of the KBC Group take care in how they handle your personal information.
KBC Insurance NV is an insurance company operating in Belgium and in a selection of countries in the European Union including Ireland. KBC Insurance NV has its registered office at Professor Roger Van Overstraetenplein 2, 3000 Leuven, Belgium. It is part of the KBC Group, an integrated bank-insurance group, which creates and distributes banking, investment and insurance products and provides financial services.
KBC Insurance NV conducts its Irish life insurance business through the Irish branch of KBC Insurance NV, trading as KBC Life and Pensions (hereinafter referred to KBC Life and Pensions), which includes the provision of certain pension products, such as the KBC Lifestyle Personal Retirement Savings Account (PRSA) and the KBC Lifestyle Extra PRSA, for distribution in Ireland by KBC Bank Ireland Plc. KBC Life and Pensions is a branch registered with the Companies Registration Office in Ireland under branch registration number 909131 and has its registered branch office at Sandwith Street, Dublin 2, Ireland.
KBC Insurance NV trading as KBC Life and Pensions is authorised in Belgium by the National Bank of Belgium and is regulated by the Central Bank of Ireland for conduct of business rules.
KBC Bank Ireland Plc is tied to KBC Life and Pensions for the purposes of distributing certain pension products to personal customers throughout Ireland. This means that KBC Life and Pension products are distributed through the nationwide KBC Hub network, by telephone as well as through KBC’s mobile banking platform.
KBC Bank Ireland Plc also perform a number of services on behalf of KBC Life and Pensions, on KBC Life and Pensions instructions. KBC Bank Ireland Plc is a public limited company registered in the Companies Registration Office under Company Number 40537 and has its registered office at Sandwith Street, Dublin 2. KBC Bank Ireland Plc is a wholly owned subsidiary of KBC Bank NV and is a licensed bank regulated by the Central Bank of Ireland.
KBC Insurance NV and KBC Bank Ireland Plc are members of the KBC Group which principally focuses on retail and SME customers, and mainly operates in Belgium, the Czech Republic, Slovakia, Hungary, Bulgaria and Ireland.
More information on the activities of KBC Insurance NV and the KBC Group is available at www.kbc.com.
If you have any questions about privacy or if you would like to change your privacy settings or exercise your rights, you can contact KBC in any of the following ways:
If you do not agree with the response you receive from KBC, you are entitled to lodge a complaint with the Data Protection Commission.
Data Protection Commission
21 Fitzwilliam Square North,
Dublin 2, D02 RD28
Phone: + 353 57 868 4800 / + 353 761 104 800
LoCall: 1890 25 22 31
Fax: + 353 57 868 4757
You can visit the website of the Data Protection Commission at www.dataprotection.ie for more details.
You have a lot of rights when KBC Life and Pensions processes your personal information. Where we seek your consent to process your personal information, you can subsequently withdraw such consent whenever you see fit.
You are entitled to rely on a number of rights which allow you to exercise meaningful control over the way in which your personal information is processed. You may exercise any of these rights free of charge (in certain exceptional circumstances a reasonable fee may be charged or KBC may refuse to act on the request) and we may ask you to verify your identity prior to proceeding with your instruction by way of requesting additional information/documentation from you.
Once we are satisfied that we have effectively verified your identity, we will respond to the majority of requests without undue delay and within a one month period i.e. 30 calendar days of receipt of the request. KBC will action your request to have your personal information corrected within 10 calendar days.
These periods may be extended in exceptional circumstances and we will inform you where the extended period applies to you along with an explanation of the reasons for the extension. Further information in relation to how you may execute these rights is outlined in the Data Protection section of www.kbc.ie or alternatively by contacting us using the channels outlined in section 2.9 below.
For example, you are entitled to:
If you want to access the information concerning you that is processed by KBC Life and Pensions, let us know by contacting us through any one of the channels outlined below in section 2.9. You can view some of the information directly, for example using the KBC Mobile Banking App.
If you exercise your right of access, we will give you as complete a list as possible of your information. It can happen that some personal information from files such as the usual back-up files, logs and stored/archived records is not included in that list. This is not information that is processed on an ongoing basis and it is not therefore immediately available. For that reason, it will also not be communicated to you.
However, it is removed from those files in line with standard data maintenance procedures and will only be processed and retained in accordance with those procedures.
It can happen that certain personal information that KBC Life and Pensions holds concerning you is inaccurate or out of date. You can request for such personal information to be rectified at any time by contacting us using any of the channels identified in section 2. 9 below, after which your request will be assessed.
You can ask KBC Life and Pensions to erase your personal information if you suspect we are processing certain information without a legitimate reason or that we are no longer entitled to use your personal information.
If we no longer have an overriding compelling ground for processing your personal information, we will erase it. We are not under an obligation to rectify or delete your personal information where to do so would prevent us from meeting our contractual obligations to you or, where we are required or permitted to process your personal information for legal purposes or otherwise in accordance with our legal obligations.
We ask that you keep us informed of any relevant change in your personal circumstances to enable us to keep the information on our systems up to date and accurate.
Whenever you have provided us with your consent to process your personal information, for example, so that we can contact you about one of our products, you have the right to withdraw that consent at any time through one of the channels identified in section 2.9 below.
If you withdraw consent to processing (and if there is no other justification for continuing to process your information), you are also entitled to request that your personal information is deleted. Withdrawing consent does not affect the lawfulness of any processing undertaken by us based on your consent before its withdrawal.
If you disagree with how KBC Life and Pensions invokes its legitimate interests to process certain personal information (see section 3 below), you can object to this through one of the channels identified in section 2.9 below. In such cases, we will provide you with details regarding the rationale for processing your personal information and we will stop processing the personal information under dispute if we cannot legitimately justify the reasons for processing.
Some processing operations and processes are fully automated, without any human intervention and may include taking decisions based solely on automated processing. For more details on how we use automated decision making, see section 4 below.
If you are dissatisfied with the result of such a fully automated decision, you can contact KBC through any of the channels identified in section 2.9 below. You can, for example, ask a KBC staff member to intervene or tell them why you disagree with the decision and request to review the decision taken.
You are entitled to ask KBC Life and Pensions for personal information that you have provided us with to be transferred back to you or directly to a third party service provider. Data protection legislation does provide for a number of restrictions on the exercise of this right, so that it may not be applicable to all personal information.
We will not be in any way accountable or liable for any damage, loss or distress sustained, incurred or suffered by you and/or the designated service provider as a result of improper use of the personal information upon and after receipt from us.
In some cases, where you dispute the accuracy of the information we hold about you, you may, in accordance with data protection law, request, using one of the channels identified in section 2.9 below, that we in the meantime restrict the processing of this information
You can exercise your rights outlined above, free of charge, by contacting us using any of the channels below:
We gather and process your information for a variety of reasons and rely on a number of different legal bases to use that information, for example, we use your information to process your application, to help administer your policy, to ensure we provide you with the best possible service, to prevent fraud and to meet our legal and regulatory obligations.
The main legal grounds for KBC Life and Pensions having to process certain information concerning you are summed up here:
3.1.1 To analyse the demands and needs of potential customers in the course of an application for a product, particularly where advice has been given. Where advice is given, we are required to gather information about our customers knowledge and experience, financial capacity, investment objectives and attitude to risk/return in relation to the product offered.
3.1.2 To prevent and uncover money laundering and report it to the authorities. We have to take the necessary steps to verify personal information provided to us and meet our legal and compliance obligations including to prevent money laundering, tax avoidance, finance terrorism and fraud. For example, we are required to identify you, verify your identity, check your activity and transactions and ascertain your money laundering risk profile.
3.1.3 To report and respond to queries raised by regulatory authorities, such as the Central Bank of Ireland, the National Bank of Belgium, the Pensions Authority and Irish Revenue, as well as law enforcement and other government agencies such as An Garda Síochána.
3.1.4 To issue reports and returns to the Central Bank of Ireland, the National Bank of Belgium, the Pensions Authority and Irish Revenue in accordance with legal and regulatory obligations.
3.1.5 To respond to requests from Irish Revenue in accordance with relevant tax legislation including queries relating to Foreign Account Tax Compliance Act (FATCA) and Common Reporting Standards (CRS).
3.1.6 To detect, prevent, mitigate and address risks. Examples include credit, insurance, counterparty and market risk, risks concerning information management and statutory compliance, the risk of staff, customer and/or supplier fraud, the risk of unethical behaviour by staff or breaches by them of their duties of care.
3.1.7 To respond appropriately when customers exercise their rights under data protection legislation. We are also required to answer questions from the Data Protection Commission, such as if a complaint is made.
3.1.8 To cooperate and provide information requested in the context of legal and/or regulatory investigations or proceedings.
Before KBC Life and Pensions provides you with a product, we have to gather personal information to process your application and to assess the terms upon which we can enter into the contract with you. This includes, for instance, gathering and processing your personal information when you apply for a PRSA product.
In order to manage your policy with us, we may be required to share certain personal information with members of KBC Group including KBC Bank Ireland Plc, in its capacity as a tied insurance intermediary for the distribution of PRSA products in Ireland and as a provider of a number of functions and activities for KBC Life and Pensions, with our parent company, KBC Insurance NV and with KBC Group NV.
This type of information will only be obtained and processed where necessary to process your application, administer and manage your policy and products, pay any benefits that may be applicable to you on retirement, and/or to comply with a legal obligation.
In addition to the purposes set out above, and in certain circumstances, we process your personal information on the basis of the legitimate interests of KBC Life and Pensions. In doing so, we ensure that the impact of the processing on your privacy is minimised and that there is a fair balance between the legitimate interests of KBC Life and Pensions and your privacy rights. If you disagree with your information being processed in this manner, you are entitled to exercise your right to object. Examples of situations in which your personal information is processed based on our legitimate interests, include:
For consenting to direct marketing, please see sections 3.5 and 3.6 below for further information.
If we request your consent to process personal information, it will be in the context of the following situations:
However, the situations described do not always require consent and we therefore sometimes use another legal cause for processing. For example, we may be required to answer questions from third parties or in accordance with our contractual obligations. For consenting to the processing of health information, further details are given in section 4.3.
We may use your personal information to make you aware of products which may be of interest to you. We can do this by using some of the personal information we hold about you to better understand your needs.
We can reach out to you with this information in all sorts of ways: through the KBC Hubs or through the KBC Mobile Banking App, by e-mail, post or telephone, and at events. In addition, KBC likes to keep up with the constantly evolving range of new technologies and so we try to ensure that information is provided in a way that's clear, and that we choose the most appropriate channel to ensure the inconvenience of disturbing you is kept to a minimum.
As a member of the KBC Group, KBC Life and Pensions sometimes shares personal information relating to its customers with other members of the KBC Group, including KBC Bank Ireland Plc, for a variety of reasons, including for example, to provide you with products and services, for marketing purposes.
You can review and make changes to your marketing preferences at any time through the following options:
KBC Life and Pensions does not sell or hire your personal information to third parties for their own use, unless you opt in for this yourself and give your consent.
KBC can nevertheless offer anonymised insights into the market, framed to reflect the fact they are derived from your personal information so long as those receiving the insights are unable to ascertain the identity of the person whose personal information was processed. You can also object to your personal information being used to generate insights through the customer contact channels outlined in section 2.9 or 1.3 above.
As KBC Bank Ireland Plc acts as a tied insurance intermediary for KBC Life and Pensions for the distribution of certain pension products in Ireland and as a provider of a number of support services to KBC Life and Pensions, personal information may be shared between the two entities subject to data protection legislation and applying appropriate security measures. Personal information may be shared between KBC Life and Pensions and its parent company, KBC Insurance NV and with KBC Group NV for the purposes of discharging KBC Life and Pensions legal and regulatory obligations and is subject to data protection legislation.
The practice of exchanging information is particularly justified by KBC Group's desire to provide the support services it does in a manner that is efficient, mainly because by doing so means that each KBC Group entity has the same overview of the customer relationship, complete to the same extent, and that they are all able to issue messages of a commercial nature explaining the KBC Group's financial services and products.
The types of personal information that KBC Life and Pensions processes are explained below.
|DETAILS OF IDENTITY|
|Name, sex, date of birth, nationality, PPSN, policy number, driving licence, passport, marital status, occupation or employment, a self -portrait picture (or ‘selfie’ uploaded to the KBC Mobile Banking App)
We use this type of information to identify you and to help us combat fraud and other illegal activity as well as for the purposes of administering your policy with us.
|Telephone number, e-mail address, postal address, technical information such as an IP address, unique identifier for your device
Your contact information is needed to manage and administer your policy, to send you service, support and administrative messages, reminders, technical notices, updates, security alerts and information requested by you, and to notify you about either important changes or developments to the features and operation of those products and services. We also use this information to respond to your enquiries and complaints.
|DETAILS LINKED TO A SERVICE|
|Your products||Your PRSA product|
|Your product usage and preferences||Your transactions, your regular or once-off contributions to your PRSA, your salary and other income and expenses, your policy number, your overall financial situation, any changes in your wealth situation, your retirement age, your risk profile particularly where you have received advice from KBC Bank Ireland Plc, your occupation, your use of the pension calculator in the KBC Mobile Banking App, web chats and results of surveys you completed, details concerning any retirement benefits you received, transfers in and out from any applicable third party service provider, your potential interest in other KBC products and so on.
These details can be used for a variety of purposes including to prevent or detect money laundering, to identify particular needs or usage patterns based on your transactions details, which when used in conjunction with your marketing preferences can assist us to provide you with a better, personalised service.
|Information gathered from simulations, applications , competition entries
||When you look to apply for a KBC Life and Pensions product, the personal information which you provide is processed and assessed by us to fulfill that purpose. That information will also be stored and used to pre-populate the application if you are interrupted during the process and/or you wish to start again at a later point. We may also contact you where your application is incomplete or interrupted to support you to complete that application or to answer any queries you may have.
|Your family situation||Your marital status, the make-up of your household and relations.|
|Your overall financial situation||For the purposes of your pension contributions and as you approach your chosen retirement age, KBC Life and Pensions should be apprised of your overall financial situation|
|Your job of work||Your education, occupation and work experience, representative of companies.|
|'Key moments' in your life||The important phases in your life (past, present and future). Like getting married, living together, building a family, plans for the home or the death of a child, parent or your spouse.
We may use these life events to determine which products are most relevant to you.
|Your lifestyle||Things like leisure activities and interests, club memberships, your home environment and property owned by you.|
|Your feedback||Comments, suggestions and past complaints. These can definitely help KBC Life and Pensions to provide you with a better service in the future.|
|Your customer profile||KBC Life and Pensions processes your customer profile in order to assess whether you meet the eligibility criteria for a product. Where you have received advice from KBC Bank Ireland Plc, your customer profile shall be assessed to ensure the product is appropriate for you.|
|Information on your physical or mental health||With your consent, we sometimes collect and process information on your health which you share with us as you approach retirement (including your health and that of your spouse or civil partner) as well as if you wish to retire before your 60th birthday on grounds of permanent incapacitation.
|Your biometric data||KBC may use image recognition software to verify your identification documents.|
KBC Life and Pensions sometimes processes information that is a matter of public record. We sometimes use this type of information to verify that the information we hold on KBC databases is correct, for developing analytical models and profiles to help us understand our relationship with you and support KBC direct marketing campaigns:
We will need to collect and process information on your health which you may be required to share with us in certain circumstances such as, on retirement, (this may include information on your health and/or the health of your spouse/civil partner) and where you wish to access your retirement benefits earlier than your 60th birthday on the grounds of permanent incapacitation.
We do not use your personal health information for advertising or marketing purposes.
The KBC staff member you are dealing with will ask for your consent to process this type of personal information and will follow strict procedures when processing this information.
If you choose to use the KBC Hub Locator service, you will be asked to consent to the use of your geolocation information to find the KBC Hub nearest to you. In order to offer you this service, KBC uses in device location services. Your geolocation information will only be used on a once-off basis to indicate the KBC Hub nearest to you. This information will not be used for any other purpose.
Moreover, we are aware of your general location based on things like your IP address and your telephone's technical readings. These details can also be of importance for measures like detecting fraud and better protection of your details.
When you apply for a KBC Life and Pensions product, we process the personal information needed to administer the relevant matter at hand. For example, this means the information you enter on the KBC Mobile Banking App to do a simulation, may be stored in the meantime, which saves you having to enter it again if you interrupt the process or want to start from scratch later. So that it can evaluate the process, KBC Life and Pensions may ask you why you interrupted it.
When completing your application for a KBC Life and Pensions product on the KBC Mobile Banking App, please provide us with all the details we need to fully identify you as customer.
When you contact KBC though a KBC Hub, by telephone, chat or some other channel, these interactions are logged:
Even if you are not a customer, KBC will store such information as you disclose. That information can be used if you subsequently become a customer.
By adopting this approach, KBC seeks to avoid your having to constantly provide information or answer questions a second time. It also allows KBC to improve continuity in the services provided to you
If you contact us by e-mail or have digital communication channels that are used by KBC (e.g., KBC Mobile Banking App), we may use these channels to send you statutory and official notices.
Correspondence with staff members in their capacity as KBC staff (sent to a Hub address, a Hub fax or a job-linked or personal KBC e-mail address, etc.) is deemed to be business-related and may therefore be examined in the context of:
KBC may listen in to or record telephone conversations with you. It does so for purposes related to training and coaching staff and to improve security, resolve complaints, improve our services and oversight of processes. However, KBC Life and Pensions may also do so as evidence of orders that are given to it. You will always be informed when calls with KBC staff are being recorded.
We use automated decision making to enable us to deliver decisions within a shorter timeframe and to improve the efficiency of our processes. Some operations are fully automated with no human intervention and may include taking decisions based solely on automated processing. If you disagree with the outcome of a fully automated decision making process, you can speak to a KBC staff member to express your point of view and contest the decision using the customer contact channels outlined in section 1.3 or section 2.9 above.
An example of where we use automated decision making is as part of your application for a KBC Lifestyle PRSA product, which involves assessing your application to ensure you meet the eligibility criteria as prescribed in pensions and tax legislation. This criteria includes your age and whether you already have access to a workplace pension. KBC Life and Pensions uses this information that you provide in your application to determine whether you are eligible to apply for the product based on current legislation. KBC Life and Pensions reviews the automated decision making process to ensure it remains consistent with this legislation, as well as being fair, efficient and unbiased in order to better service our customers.
KBC uses a variety of security technologies and procedures to help protect your personal information from unauthorised access, use or disclosure. KBC also takes steps to ensure that only persons with appropriate authorisation can access your personal information.
Only those staff members with appropriate authorisation can access personal information, and then only if it is necessary to the task they do.
As a member of KBC Group, KBC Life and Pensions shares personal information in relation to its customers with other members of KBC Group in order to carry out a number of key functions. For instance we use the services of KBC Bank Ireland Plc as well as and the services of KBC Insurance NV and KBC Group NV.
In principle, within KBC Life and Pensions, KBC Bank Ireland Plc and the KBC Group, your personal information will only be processed and consulted by certain departments that:
Staff authorised to consult your personal information are moreover bound by a strict professional duty of confidentiality and must abide by all technical instructions to ensure the confidentiality of your personal information and the security of the systems in which your personal information is held.
We use internal and organisational measures to protect your personal information from unauthorised access, to maintain data accuracy and to help ensure the appropriate use of your personal information.
These security measures include encryption of your personal information, firewalls, intrusion detection systems, 24/7 physical protection of facilities where your personal information is stored, background checks for personnel that access physical facilities and strong security procedures across all service operations. KBC uses strong encryption algorithms for the transmission and storage of your information.
Further information regarding these security measures as well as steps you can take to protect your computer is contained in the Security and Fraud Awareness section of the KBC.ie website which is accessible at www.kbc.ie/security
KBC Life and Pensions shares your personal information with trusted third parties who perform functions for us based on our instructions and applying appropriate confidentiality and security measures.
We have set out below some examples of where KBC Life and Pensions shares your personal information:
We sometimes need to share information with organisations which are located or who otherwise undertake processing outside the EEA. This may mean, for example, that some of your personal information may be processed in countries such as India, Malaysia or the United States.
We will however only transfer personal information to a country or territory outside of the EEA if that country provides an adequate level of protection for personal information as set down by the European Commission or where the transfer is made under a legally binding agreement which covers the EU requirements for the transfer of personal information to data processors outside of the EEA such as the model contractual clauses approved by the European Commission, the EU-US Privacy Shield or an equivalent framework or such other approved mechanism or model approved by the European Commission.
In the event that the United Kingdom exits the European Union (Brexit), KBC will ensure that one or more of the protections outlined in this section shall apply to any such transfers from the EEA to the United Kingdom.
For more information about the European Commission’s decisions on the adequacy of the protection of personal information in countries outside the EEA, please visit: https://ec.europa.eu/info/law/law-topic/data-protection_en.
KBC Life and Pensions ensures that strict rules are followed and that any third party processor of personal information:
KBC Group ensures that the European data protection standards for personal information are applied worldwide within companies belonging to the KBC Group and their branches. KBC Group ensures that companies and corporate branches of the KBC Group take appropriate measures to protect the data of legal persons.
KBC internal technical and organisational measures to prevent personal information finding its way into the hands of, or being processed by, unauthorised parties or being accidentally altered or deleted. Strict security measures are in place to protect premises, servers, the network, data transfers and the personal information itself, and extra checks are also carried out by a specialist department in this regard.
Together with you, we need to be aware that information shared by e-mail can sometimes be intercepted and, where possible, we must aim to use a different means of communication or to limit the amount of information sent.
The KBC website and the KBC Mobile Banking App may contain links to websites or information of third parties. KBC does not check such websites or information. Parties offering these websites or this information may have their own privacy policies in place, which we advise you to read. KBC is not responsible for the content of those websites, their use or the privacy policies of those websites/third parties.
How long certain personal information is stored depends on the nature of the information we hold and the purposes for which they are processed. KBC Life and Pensions determines appropriate retention periods having regard to any statutory obligations imposed on us by law. For example, we are required to retain some customer information for 6 years after the end of the customer relationship in accordance the Consumer Protection Code and also to meet our obligations under anti-money laundering legislation.
If the purpose for which the information was obtained has ceased and the personal information is no longer required, the personal information will be deleted or anonymised which means that your personal information is stripped of all possible identifying characteristics. KBC has put in place procedures to ensure that files are regularly purged and that personal information is not retained any longer than is necessary.
KBC Life and Pensions has to comply with its confidentiality obligations and with data protection legislation, and we will only answer queries from third parties if they arise pursuant to a legal requirement or a legitimate interest, where doing so is a prerequisite for performing the contract or the data subject has given their permission.