Data privacy and protection

Processing of personal data

La Mondiale Europartner S.A. (hereinafter “La Mondiale Europartner” or “we”) places great importance on the protection of personal data and is committed to compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter “GDPR”) and any other applicable regulations in this area.

Protecting the confidentiality and security of this information is an essential part of the relationship of trust we seek to establish with everyone who entrusts us with their data.

La Mondiale Europartner S.A. is committed to engaging exclusively in legitimate processing on the basis of the legal grounds provided for by the regulations: the consent of the data subject, the policy for which the data subject is the beneficiary, compliance with a legal obligation, or a legitimate interest provided that the processing does not infringe the rights of the data subject.

La Mondiale Europartner S.A. only collects data that is necessary for specific, legitimate purposes and ensures that data subjects are fully informed about their rights, how their data is used and how long it is kept.

We guarantee that data subjects will be able to exercise their full rights with regard to their personal data (rights of access, rectification, deletion and portability) and with regard to processing (right of opposition or limitation and right not to be the subject of an automated decision).

We use proportionate security measures that take into account data sensitivity, the nature of the processing and the risks to data subjects in the event that processing becomes unavailable or the integrity or confidentiality of the data is compromised. La Mondiale Europartner S.A. takes these risks into account in the design of its processes.

If a service involves the processing of personal data, La Mondiale Europartner S.A. selects subcontractors who provide sufficient guarantees in terms of the protection of personal data.

For more details concerning your rights and the processing of your personal data by La Mondiale Europartner S.A., please read the articles below.

Glossary

Personal data

Any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). An “identifiable natural person” is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

Sensitive data

All data relating to racial or ethnic origin, political opinions, religious or philosophical beliefs or membership in a trade union, as well as genetic data, biometric data, data concerning health or data concerning sex life, are considered to be sensitive data.

Processing

Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Controller

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Processor

A natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Recipient

A natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;

Data Protection Officer

The Data Protection Officer is the person you should contact if you wish to exercise your rights or if you have any questions about the protection of your personal data within our company.

The National Commission for Data Protection (CNPD)

The CNPD is the Luxembourg authority responsible for the protection of personal data. It helps companies to comply with the law and helps individuals to control their personal data and exercise their rights.

Profiling: any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular, to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

• Why does La Mondiale Europartner S.A. collect my personal data?

In order to offer you products and services adapted to your needs and to implement them, La Mondiale Europartner S.A. must collect a certain amount of data, such as your family details in order to take out a policy, or your contact details.

We may collect personal data directly from you in the course of our business, including through our website, when you contact us or request information, when you use our services or following an exchange with one or more of our consultants and/or clients or when you visit our premises.

• What data do we process?

Depending on the intended purpose, the categories of data processed may include the following:

• We collect and process data relating to your age, family situation and professional background, which is necessary to study your needs and profile so that we can offer you the most suitable products and services. Health data is only collected and processed for health and life protection cover;
• Information on your income and assets and investments to study your requirements and investor profile in order to offer appropriate products, investment vehicles and financial services;
• Your contact details and bank information for the administrative, technical and commercial management of the policy and associated services.

• Mandatory or optional nature of the information

The information presented as mandatory is necessary for the correct execution of your policy. The forms indicate whether personal data is mandatory or optional, as well as the possible consequences for the policyholder if the information is not provided.

• What is the purpose and legal basis for processing my personal data?

We process your personal data for a specific purpose and only process the personal data that is relevant to achieving that purpose.

Your personal data is necessary to enable La Mondiale Europartner S.A. to carry out all the activities provided for in its articles of association and in accordance with the regulations to which it is subject.

Within the framework of the provision of personal insurance, data will be collected and used for the following purposes in particular:

• taking out policies and the administrative and commercial management of the policy and associated services;
• compiling statistics and producing actuarial and financial studies to ensure that our operations are balanced and that we meet our commitments to our policyholders.

Your data may also be used to further the legitimate interests of La Mondiale Europartner S.A.

Some of these interests include:

• the protection and development of activities and the continuous improvement of the products and services offered to clients:
• the search for new products and new clients;
• the fight against fraud.

We carry out this processing under conditions that protect your rights, for example, by informing you or giving you the opportunity to oppose such processing.

Your data is also processed to meet legal and regulatory obligations, in particular:

• the fight against money laundering and terrorist financing;
• the mandatory declarations to the authorities and public administrations, such as tax declarations.

We will only use your personal data for the purposes for which we collected it and of which we have informed you unless there is a reasonable need to use it for another purpose that we consider compatible with the original purpose. If we need to process your personal data for another purpose, we will inform you accordingly and explain the legal basis for doing so.

• Automated decisions and profiling

We may decide to implement automated decision-making or profiling processes based on the analysis of your data. Profiling is the automated processing of personal data to evaluate certain personal aspects that may have an impact on the characteristics of your insurance policy.

This means that profiling allows us to meet our obligations to provide advice, determine cover, investments or services and offer you policies and services tailored to your needs.

• Retention period for personal data

Personal data may only be retained for a limited period. This period is determined on the basis of the purpose of the processing and the rules set out in the recommendations of the CNPD or determined on the basis of legal or regulatory obligations.

For information purposes, the data required to manage your policy and related services is retained for the duration of your policy and until the expiry of the statutory limitation periods.

• Who are the recipients of personal data?

Your data may be sent to certain recipients as part of processing activities: natural or legal persons, public authorities, agencies or any other bodies that receive personal data.

At La Mondiale Europartner S.A., the recipients in question are specifically those employees who have authorisation and who have dealings with you or your advisor.

Outside La Mondiale Europartner S.A., the recipients in question are the subcontractors we may engage to provide our services, financial partners such as reinsurers or bankers involved in collections and payments and, lastly, the tax and regulatory authorities for our company’s mandatory declarations.

Any relationship with a personal data processor is governed by the provisions of Article 28 of the GDPR. La Mondiale Europartner S.A. only engages subcontractors who offer sufficient guarantees and who are subject to the same obligations.

• Will my data be transferred outside the EU/EEA?

Our preferred hosting and data processing facilities are located in Luxembourg. We will ensure that any personal data transfer outside the European Economic Area complies with the applicable regulations and, where applicable, is subject to appropriate security safeguards to ensure an adequate level of data protection.

As a rule, no personal data is transferred outside the EU/EEA. All data transfers are carried out in accordance with Chapter V of the GDPR and applicable data protection laws and regulations. Appropriate measures, usually in the form of standard contractual clauses, are put in place whenever a third-party service provider processes personal data outside the EEA in the course of the provision of services.

• Security of the processing of personal data

We use appropriate technical and organisational measures to provide a level of security that is commensurate with the risk, in order to ensure that processing complies with the GDPR and applicable data protection laws. The specific purpose of these technical and organisational measures is to prevent the data from being altered, damaged or accessed by unauthorised third parties. Sensitive data, particularly health data, is subject to specific security measures. We have implemented systems to restrict access to your data in order to enhance security and confidentiality. This means that your data is only visible to authorised employees who are aware of the issues involved in protecting personal data. In the event of a breach of your personal data, we are under the obligation to notify the CNPD and we will inform you of any such breach as quickly as possible so that you can take the necessary measures.

As security requirements continue to evolve, effective security requires frequent assessment and regular improvement of outdated security measures. We are committed to the continuous evaluation, enhancement and improvement of the measures we implement.

• What are my rights?

You have the right to request:

• access to your personal data: you can ask La Mondiale Europartner directly for information on the processing of your personal data;
• rectification: you may request the rectification of inaccurate information concerning you if the information held by La Mondiale Europartner is out of date or incorrect;
• the deletion of your data (right to be forgotten): you have the right to have La Mondiale Europartner delete your personal data when there is a reason provided for by law, such as the fact that the data is no longer required or the withdrawal of your consent for any processing based on such consent;
• opposition: you have the right to oppose the processing of your data at any time, for reasons relating to your particular situation. Accordingly, La Mondiale Europartner will no longer process any of your data that is not necessary for the management of your policy or the fulfilment of a legal obligation, unless it can be demonstrated that there are legitimate, overriding grounds for the processing (in particular with regard to the establishment, exercise or defence of legal claims).
• data portability: you have the right to receive your data in digital format. This right only applies where you provide us with personal data that is processed on the basis of your consent or for the execution of a policy.
• Finally, you can also define general and specific instructions, stating how you wish these rights to be exercised after your death.

Please note that to be able to respond favourably to your request and to guarantee the security of your personal data, you may be asked to provide documentation proving your identity, in particular, if necessary, a photocopy of your identity document, if it is difficult to identify you or if there is reasonable doubt as to your identity.

• How do I exercise my rights?

These rights may be exercised by sending a letter with proof of identity to La Mondiale Europartner S.A., for the attention of:

Data Protection Officer (DPO), 23, Z.A. Bourmicht, L-8070 BERTRANGE (LUXEMBOURG) or by email to dpo@lamondiale.lu.

For life protection policies managed by Digital Insure, these rights can be exercised by sending a letter for proof of identity to the attention of:

Digital Insure SAS – Protection des Données Personnelles, 38 rue de la Condamine, 75017 PARIS (France), by email to dpo-lmep@protectionlmep.lu or by a request via the secure personal area.

To ensure that your request is processed as quickly as possible, all requests must be accompanied by the following information: client number, surname, first name, email address, telephone number and the subject of the request.

Your request will be processed within one (1) month of confirmation of your identity. This period may be extended by a further two (2) months in the event of a complex request or a large number of requests.

• Can I make a complaint if there is no response or if my request to exercise my rights is rejected?

La Mondiale Europartner takes the utmost care with the personal data it processes. However, if you consider that the processing of data concerning you infringes your rights, you may make a complaint to the National Commission for Data Protection (Commission nationale pour la protection des données – CNPD), 15 Boulevard du Jazz, L-4370 Belvaux (Luxembourg), together with proof of the steps you have taken to assert your rights.

• Information about cookies

When you visit a site, cookies may be placed on your computer at any time during the session. Generally speaking, a cookie is a small text file placed on your hard drive by the server of the site you are visiting. A cookie may contain:

• the name of the server that created it
• usually an identifier in the form of a unique number
• possibly an expiry date.

These files are used for different purposes, depending on their type:

• cookies that are strictly necessary for the operation of the site and audience measurement cookies: these are used to measure the audience for our sites (in particular the number of visits, the number of pages viewed, visitor activity on the site and the frequency with which visitors return);
  These cookies are exempt from the requirement to obtain consent, as permitted by CNIL Deliberation No. 2020-091, insofar as they are strictly necessary for the operation of the site;
• functional cookies, which remember your choices (e.g. choice of language, user name, etc.);
• performance cookies, which are used to improve the performance of the site or to analyse how it is used;
• advertising cookies, which are used to present you with the most relevant advertising based on your interests and internet browsing habits. This means they can be used to recognise you on the sites you usually visit, to allow them to make purchases on commercial sites, or to send information about your browsing sessions.

Please note: cookies never allow the viewing or recording of access or passwords to personal or subscriber spaces that you might visit during a session.

Prior to any cookies being placed, current legislation on the protection of personal data requires the presence of a cookie banner, i.e. a pop-up message which makes access to a service subject to a free, clear and fair choice by the user between multiple options, including the placing of certain cookies or other tracers on their computer or smartphone.

This means that you have the choice of accepting all cookies, accepting some of them, depending on the type of cookie, or rejecting all of them.

The cookie banner on this site informing you of the existence of cookies looks like this:

Consent may or may not be required for the use of cookies.

Consent is not required where the use of a type of cookie is based on a legislative or regulatory provision or where a solution has been exempted from consent by the National Commission for Data Protection (CNPD).

The solution we use, Matomo Tag Manager, is used for purposes strictly necessary for the operation and day-to-day administration of the website and in accordance with the CNPD’s configuration guide.

When your data is collected using cookies, you have a choice:

• If you click on “Accept all and close”, data that does not allow you to be identified and that is only data relating to your browsing will be collected.
• If you click on “Reject all and close”, no data relating to your browsing will be collected.
• If you click on “Personalise my choices”, you decide whether to grant access to certain cookies or not. Even with personalisation, the cookies required for the site to function, such as audience measurement cookies, will be active and will collect the information needed to ensure that the site functions properly.

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