To respond to complaints in a courteous, timely and fair manner.
Take all reasonable steps to resolve any complaint with the consumer making the complaint.
To endeavour to address the specific issues raised by our customers and, where appropriate, update our procedures to avoid re-occurrence of problems.
To endeavour to achieve a situation where our customer feels we have addressed the complaint, but if he/she remains dissatisfied with the outcome of our efforts, to ensure that he/she is notified of the right to refer the matter to the Financial Services and Pensions Ombudsman (FSPO)

Procedure

1. The firm will establish and maintain a complaints file and all complaint records will be kept for six years.
2. Where the firm receives an oral complaint, we will offer the consumer the opportunity to have the complaint handled in accordance with the firms’ complaints process. The firm will investigate the complaint on the basis of our understanding of the issue.
3. The firm shall permit and facilitate submission of complaints in writing by post and by electronic means.
4. The firm will implement and maintain systems and controls to effectively track and manage the progress and resolution of complaints.
5. The firm will acknowledge in writing each complaint within 5 working days of receipt. This acknowledgement will contain a copy of these procedures and notification that the complainant can refer the matter to the Financial Services and Pensions Ombudsman (FSPO) if he/she is not happy with the outcome of our investigation, or if the matter has not been resolved within 40 business days, the anticipated timeframe within which the firm hopes to resolve the complaint. Contact details of the Financial Services and Pensions Ombudsman (FSPO) will also be provided.
6. The firm shall provide the consumer making the complaint, or the person making the complaint on the consumer’s behalf, with a point or points of contact in relation to the complaint until the complaint is resolved or all steps of the firm’s complaints handling procedures have been exhausted.
7. We shall investigate the complaint as swiftly as possible and shall provide the consumer making the complaint with a regular update, on paper or on another durable medium, on the progress of the investigation of the complaint at intervals no greater than 20 working days, starting from the date on which the complaint was received.
8. The firm will attempt to investigate and resolve the complaint within 40 working days of having received the complaint; where the 40 working days has elapsed and the complaint is not resolved, the complainant will be informed of the anticipated timeframe within which the firm hopes to resolve the complaint and that the complainant can refer the matter to the Ombudsman and the contact details of such Ombudsman will be provided.
9. Within 5 working days of the conclusion of our investigation of the complaint, the firm shall advise the consumer making the complaint on paper or on another durable medium of:
   • The decision at the conclusion of the investigation, including the reasons for that decision,
   • Where applicable, the terms of any offer or settlement being made to the consumer making the complaint
   • Where the consumer has a right to refer the matter to a relevant ombudsman, the fact that the consumer may refer the matter to the Financial Services and Pensions Ombudsman (FSPO), and
   • The contact details of the Financial Services and Pensions Ombudsman (FSPO).

Where it appears to the firm that the complainant is not satisfied with the outcome of our investigation, and where we feel that we cannot progress the issue further, we will immediately write to the complainant advising them of their right to refer the dispute to the Financial Services and Pensions Ombudsman (FSPO).

A senior manager will review the file before its conclusion and attempt to identify any procedures that can be implemented by our firm to avoid a repeat of the type of complaint received. Any new procedures will be immediately communicated to all staff and placed in the Written Procedures file. The person responsible for complaints in this firm is: Conor Baynes The person responsible for complaints in this firm is: Conor Baynes conor@aquabroker.ie

Data privacy is taken very seriously at Aquabroker Ltd t/a Aquabroker. It is important that you know exactly what we do with the personal information you and others provide to us, why we gather it and what it means to you. This Privacy Notice sets out the bases on which we gather, use, process and disclose any Personal Data we collect about you, or that you provide to us. This Privacy Notice applies to you, whether you are a current, past or prospective customer. It also applies to third parties whose Data you provide to us in connection with our relationship with you (for example, the names of relatives). Please ensure that you provide a copy of this Privacy Notice to any third parties whose personal data you provide to us.

This document outlines our approach to Data Privacy to fulfil our obligations under the General Data Protection Regulation (2018). We also welcome it as an opportunity to reassure you of the importance we place on keeping your personal data secure, and of the strict guidelines we apply to its use. We want you to be clear on:

1. Who we are.
2. The information we collect about you.
3. When and how we collect information about you.
4. How we use your information.
5. The Purpose of processing your information.
6. Who we share your information with.
7. How long we hold your information.
8. Implications of not providing information.
9. The legal basis for using your information.
10. How we keep your data safe.
11. Processing your information outside the EEA.
12. How to exercise your information rights (including the right to object).
13. How to contact us and/or our Data Protection Officer.
14. Changes to this notice.
15. Effective Date

Aquabroker Ltd t/a Aquabroker complies with the requirements of the General Data Protection Regulation 2018 and the Irish Data Protection Act 2018. The data which you provide to us will be held on a computer database and paper files for the purpose of arranging transactions on your behalf. The data will be processed only in ways compatible with the purposes for which it was given and as within this Privacy Notice. Please contact us at insure@aquabroker.ie if you have any concerns about your personal data. You have the right at any time to request a copy of any ‘personal data’ (within the meaning of the GDPR) that our office holds about you and to have any inaccuracies in that information corrected.

1. Who we are
   Aquabroker Ltd t/a Aquabroker is a general insurance broker specialising in providing insurance advice to people throughout Ireland. Our principal business is to provide advice and arrange transactions on behalf of clients in relation to Marine Insurance. We provide our services from the selection of products provided by the Companies we have agencies with. We recommend the product that, in our professional opinion, is best suited to you. In providing this service to you we will need to obtain personal information from you the following outlines how we deal with this information and how it is used. Any questions or concerns you have can be addressed to us directly.
   
   Our GDPR owner and data protection representatives can be contacted directly here: Conor Baynes insure@aquabroker.ie 091 773 602 7, Kilkerrin Park 4, Tuam Road, Galway
   
   When we refer to ‘we’ it is Aquabroker Ltd t/a Aquabroker. Please read this Statement carefully as this sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
   
2. The information we collect about you.
   There are a number of reasons for gathering information about you. For instance, we need to know how to get in touch with you, we need to be certain of your identity and we need to understand your financial circumstances, so we can offer you products and services and give you the best possible customer experience. If you do not provide the information we need, we may not be able to offer you advice or provide our services to you. The information we collect falls into various categories and may include:
   • Identity & contact information: Name, home status and address (including proof of address), date and place of birth, copies of ID, contact details (e.g. email and work and personal telephone numbers), gender, employer, job title and employment history, PPS number (or foreign equivalent), security details to protect identity, nationality, marital status, family details (including their relationship to you), passport number, tax identification number, tax residency and tax related information.
   • Financial details/circumstances: Bank account details, credit/debit card details, application processing and administration records, your employment status and employment details of your partner, credit data from credit registers, credit agency performance data, transaction details, financial needs/attitudes, contact outcomes, authorised signatories details, information relating to power of attorney arrangements.
   • Marital status and/or financial associations: If you are married or are financially linked to another person in the context of a particular product or service, a financial association may be created between your records and their records, including any previous and subsequent names used by you (for example, if you apply jointly or one is guaranteeing the debts of another). This means that we may treat your financial affairs as affecting each other. These links will remain on your and their files until you or they break that link. We may make searches on all joint applicants, and evidence of that search will be left on all applicants’ records.
   • Information you provide us about others or others provide us about you: If you give us information about someone else (for example, information about a spouse or financial associate provided during the course of a joint application with that person), or someone gives us information about you, we may add it to any personal information we already hold and we will use it in the ways described in this Data Privacy Notice. Before you disclose information to us about another person, you should be sure that you have their agreement to do so. You should also show them this Data Privacy Notice. You need to ensure they confirm that they know you are sharing their personal information with us for the purposes described in this Data Privacy Notice.
   • Sensitive categories of data: We may hold information about you which includes sensitive personal data, such as health or criminal conviction information. We will only hold this data when we need to for the purposes of the product or services, we provide to you or where we have a legal obligation to do so. Examples of when we use this type of data include:
     • Medical information
     • Health information which has additional protection under Data Protection Law. We do not process health information other than hold the information on application forms you have filled in. The Life Insurers process and control your health data to allow them to underwrite your policy or decide decline cover, they may have further information they have obtained with your approval from your doctor, but we are not privy to this information.
     • If you have criminal convictions, we may process this information in the context of completing an insurance policy.
     • Information about you provided by others If you give us information about someone else, or someone gives us information about you, (for example, where another person provides your information to us during the course of a joint application), we may add it to any personal information we already hold and use it in the ways described in this Data Privacy Notice.
   • Special Categories of Personal Data:
     • Claims information: Information you give us with regards claims you notify us about or ask for help on.
     • Policy Information: Information about the quotes you receive and policies you take out.
   • Information which you have consented to us using:
     • Your agreement to allow us contact you through certain channels to offer you relevant products and services.
   • Information from online activities: We collect information about your internet activity using technology known as cookies, which can often be controlled through internet browsers. For detailed information on the cookies we use and the purposes for which we use them, see our Cookie Policy, which is available on our website. We collect information about your internet browser settings or otherwise Internet Protocol (IP) and other relevant information to help us identify your geographic location when providing you with our services.
   • Other personal information:
     • Telephone and image recordings.
     • CCTV images at our offices (but only for security reasons and to help prevent fraud or crime).
   • Information in relation to data access, correction, restriction, deletion, porting requests and complaints.
     
     Sometimes we may collect and use your information even though you are not a customer of ours For example, you may be a beneficiary, director or representative of one of our customers, or you may be in the process of making an application for a Aquabroker Ltd t/a Aquabroker product or service. In other cases, your own circumstances may have a material impact on the ability of our customer to perform their obligations to us, and we will need to consider these. If so, we will apply the principles outlined in this Data Privacy Notice when dealing with your information.
     
3. When and how we collect information about you
   Aquabroker Ltd t/a Aquabroker will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation. We will endeavour to keep your information accurate and up to date, and not keep it for longer than is necessary.
   
   As you use our services, apply for products, make enquiries and engage with us, information is gathered about you. We may also collect information about you from other people and other parties, for example, when you are named in an insurance policy application, from credit rating agencies and from sources where you have chosen to make your information publicly available, such as social media sites.
   When we collect information about you:
   • When you ask us to provide you with certain products and services.
   • When you use our website and online services provided by us and visit our offices.
   • When you or others give us information verbally or in writing. This information may be on application forms, in records of your transactions with us or if you make a complaint.
   • When you use our products or services, including making transactions on your account, we gather details about who you get money from, who you pay money to, how much the payments are for and when the payments are made.
   • From information publicly available about you – for example in trade directories, online forums, websites, Facebook, Twitter, YouTube or other social media. When you make information about yourself publicly available on your social media accounts or where you choose to make information available to us through your social media account, and where it is appropriate for us to use it, this information can help enable us to do things like:
     • 1. improve our service (for example, identifying common service issues),
     • 2. personalise your online experience with us
     • 3. contact you through the social media services, and
     • 4. enable you to share your experience and content via social media services.
   • From your online activities with third parties where you have given us your consent (for example, by consenting to our use of certain cookies or other location tracking technologies).
   • From credit reference agencies, credit registration agencies, fraud prevention agencies or public agencies such as property registration authorities, the Companies Registration Office or judgement registries.
   • Your employer or representative.
   • Companies we have agencies with, any other records you have or had any other contracts of insurance with or sought a quote from a us on that is under our agencies, otherwise we will need a letter of authorisation from you to allow us contact other companies on your behalf.
     
     Please note: If you apply for or hold a financial product in joint names, you should only give personal information about someone else (for example, a joint applicant, guarantor or dependant) with their permission.
     
4. How we use your information
   Whether we are using it to confirm your identity, to help in the processing of an application for a product or service or to improve your experiences with us, your information is always handled with care and the principles outlined in this Data Privacy Notice are always applied. We use your information:
   • To provide our products and services to you, and to fulfil our contract with you To provide our products and services to you and perform our contract with you, we use your information to:
     • Establish your eligibility for our products and services.
     • Manage and administer your accounts, policies, benefits or other products and services that we or our partners may provide you with.
     • Process your applications for financial services.
     • Contact you by post, phone, text message, email, social media, fax, or other means, but not in a way contrary to your instructions to us or contrary to law.
     • Monitor and record our conversations when we speak on the telephone (for example, to check your instructions to us, to analyse, to assess and improve customer service and for training and quality purposes).
     • Manage and respond to a complaint or appeal
   • To manage our business for our legitimate interests To manage our business we may use your information to:
     • Engage agencies to trace you (for example, where the address you have provided is no longer accurate and Aquabroker Ltd t/a Aquabroker needs to provide you with legal documentation).
     • Provide service information, to improve our service quality and for training purposes We may gather information about your interactions with us.
     • Conduct marketing activities For example, running competitions, promotions and direct marketing (provided that you have not objected to us using your details in this way), and research, including customer surveys, analytics and related activities.
     • To run our business on a day to day basis including to: Carry out strategic planning and business portfolio management. Compile and process your information for audit, statistical or research purposes (including, in some instances, making your data anonymous) in order to help us understand trends in our customer behaviour and to understand our risks better, including for providing management information, operational and data risk management. Protect our business, reputation, resources and equipment, manage network and information security (for example, developing, testing and auditing our websites and other systems, dealing with accidental events or unlawful or malicious actions that compromise the availability, authenticity, integrity and confidentiality of stored or transmitted personal data, and the security of the related services) and prevent and detect fraud, dishonesty and other crimes (for example, to prevent someone trying to steal your identity), including using CCTV at our premises. Manage and administer Aquabroker Ltd t/a Aquabroker legal and compliance affairs, including compliance with regulatory guidance and voluntary codes of practice to which we have committed. Enable Aquabroker Ltd t/a Aquabroker to access your information for internal administrative purposes, audit, prudential, statistical or research purposes (including making your data anonymous) to help us understand trends in customer behaviour, for helping us to understand our risks better and for the purposes set out in this Data Privacy Notice (but not for the purposes of direct marketing where you have objected to this).
     • To buy and/or sell assets Aquabroker Ltd t/a Aquabroker: Members of Aquabroker Ltd t/a Aquabroker may in the future wish to sell, transfer or merge part or all of its business or assets or to buy a new business or the assets of another business or enter into a merger with another business. If so, we may disclose your personal information under strict duties of confidentiality to a potential buyer, transferee, merger partner or seller and their advisers, so long as they agree to keep it confidential and to use it only to consider the possible transaction. If the transaction goes ahead, the buyers, transferee or merger partner may use or disclose your personal information in the same way as set out in this Data Privacy Notice. Facilitate a potential or actual transfer of any loan or product provided to you or in connection with a securitisation or other funding arrangement.
   • To comply with our legal and regulatory obligations We need to use your information to comply with legal and regulatory obligations including
     • complying with your information rights.
     • Providing you with statutory and regulatory information and statements.
     • Establishing your identity, residence and tax status in order to comply with law and regulation concerning taxation and the prevention of money laundering, fraud and terrorist financing. We are required by law to screen applications that are made to us to ensure we are complying with the international fight against terrorism and other criminal activities. As a result, we may need to disclose information to government and other statutory bodies.
     • Preparing returns to regulators and relevant authorities including preparing income tax, capital gains tax, capital acquisition tax and other revenue returns.
     • Reporting to and, where relevant, conducting searches on other industry registers.
     • Complying with binding requests from regulatory bodies, including the Central Bank of Ireland.
     • Complying with binding production orders or search warrants, and orders relating to requests for mutual legal assistance in criminal matters received from foreign law enforcement agencies/prosecutors.
     • For other reasons where a statutory reason exists we do so, including use of your Personal Public Service (PPS) number (or foreign equivalent).
     • Complying with court orders arising in civil or criminal proceedings. Performing a task carried out in the public interest.
   • Where you have given us permission (which you may withdraw at any time) Where you have given us permission (which you can withdraw at any time) we may:
     • Send electronic messages to you about product and service offers from Aquabroker Ltd t/a Aquabroker and/or our selected and trusted partners.
     • Share your data with third parties so that they may send you electronic messaging about their products and offers.
     • Use cookies in accordance with our Cookie Policy.
     • Use special categories of data, or sensitive data.
     • Use information you have made public and combine with this with the activities outlined above. When we ask for your consent, we will provide you with more information on how we will use your data in reliance on that consent, including in relation to third parties we would like your consent to share your data with.
       
5. The purpose of processing your information
   The main purposes for which we use your personal information is to provide a quote, setup, administer and manage your policy and to carry out marketing and analytics. The following provides more details on the purposes for which we process your personal data:
   • To give you information on, process your application and provide you with recommended financial products.
   • To administer your insurance policy.
   • To respond to your queries and to provide you with the information you request from us in relation to our services and/or products.
   • To manage payments, fees and charges in respect of insurance premiums, and to collect and recover money owed to us.
   • To manage our relationship with you, including notifying you about changes to the services.
   • Disclose data to policyholder, life assured, beneficiary, trustee, assignee, successors, group company or to other parties.
   • To comply with legal and regulatory requirements including Anti-Money Laundering and Sanctions compliance.
   • To understand how people interact with our websites (if applicable).
   • To carry out and determine the effectiveness of advertising, and of marketing campaigns.
     
6. Who we share your information with
   We only share your information with a select number of individuals and companies, and only as necessary. In order to provide our services and to comply with legal obligations imposed on us, we may share your information with:
   • Your authorised representatives: These include your attorney (under a Power of Attorney) and any other party authorised by you to receive your personal data including relatives and guardians, (in certain circumstances and within the law). Third parties we need to share your information with, in order to facilitate payments you have requested and those you ask us to share your information with.
   • When you apply to us for financial advice, services or products. Legal, financial, investment, medical and other professional advisors in the process of submitting your application on the various. We will pass your details on to the relevant providers with your written consent. We may request information relating to your health for underwriting and claims administration purposes. We may disclose your information to our agents and other insurers and third parties for administration, regulatory, customer care and service purposes, and to investigate or prevent fraud.
   • When you use a joint product. If you open or hold a joint account or product, this may mean that your personal data will be shared with the other applicant. For example, transactions made by you will be seen by your joint account holder, and you will see their transactions.
   • Guarantors. We will share your information with any person or entity which guarantees your obligations to us (for example, if a parent guarantees your mortgage or an entity provides a guarantee as part of a statutory scheme) or gives us an indemnity concerning these obligations.
   • Companies that provide support services for the purposes of protecting our legitimate interests. Your personal information remains protected when our service providers use it. We only permit service providers to use your information in accordance with our instructions, and we ensure that they have appropriate measures in place to protect your information. Our service providers include marketing and market research companies, outsourced posting companies, analytics companies, IT and telecommunication service providers, software development contractors, data processors, computer maintenance contractors, printing companies, property contractors, document storage and destruction companies, custodians and providers of administration services, archiving services suppliers, debt collection agencies, budgeting and advice agencies, tracing agencies, receivers, liquidators, examiners, official Assignee for Bankruptcy and equivalent in other jurisdictions, auditors and consultants, including legal advisors.
     
     We may also share information with the following third parties to help us manage our business for our legitimate interests:
     • Insurers/re-insurers and insurance bureaus.
     • Trade associations and professional bodies, non-statutory bodies and members of trade association.
     • Persons making an enquiry or complaint.
     • Healthcare professionals and medical consultants.
     • Business partners and joint ventures. In such cases, we, our business partners or those involved in the joint venture will let you know that your information is being shared and who it is being shared with.
     • Businesses that refer your business to us.
     • Any business which we are required by law to share the information with, i.e. compliance resource companies.
     • Database provider (all data encrypted).
     • Statutory and regulatory bodies (including central and local government) and law enforcement authorities. These include the courts and those appointed by the courts, government departments, statutory and regulatory bodies in all jurisdictions where Aquabroker Ltd t/a Aquabroker operates including: the Central Bank of Ireland (who have the right to inspect our files, the Data Protection Commission, the Financial Services and Pensions Ombudsman, An Garda Síochána/police authorities/enforcement agencies, Revenue Commissioners, Criminal Assets Bureau, US, EU and other designated authorities in connection with combating financial and other serious crime, NAMA and its agents or other parties designated by or agreed with NAMA or designated under the relevant legislation, police forces and security organisations, ombudsmen and regulatory authorities, as well as fraud prevention agencies.
     • Credit reference/rating agencies, including The Irish Credit Bureau.
     • Third parties in connection with a sale or purchase of assets by a member of Aquabroker Ltd t/a Aquabroker. Those who are interested in or participating in buying or selling assets of Aquabroker Ltd t/a Aquabroker or in connection with a funding arrangement for Aquabroker Ltd t/a Aquabroker.
     • Correspondent banks and other financial institutions engaged to supply status opinions in accordance with banking practice.
     • Where you cannot be found or you become insolvent. In certain contracts of insurance where, for whatever reason, you cannot be found or you become insolvent, or the court finds it just and equitable to so order, then your rights under the contract may be transferred to and vested in the third party even though they are not a party to the contract of insurance. The third party has a right to recover from the insurer the amount of any loss suffered by them. Where the third party reasonably believes that you as policyholder have incurred a liability the third party may be entitled to seek and obtain information from the insurer or from any other person who is able to provide it concerning: the existence of the insurance contract, who the insurer is, the terms of the contract, and whether the insurer has informed the insured person that the insurer intends to refuse liability under the contract.
       
7. How long we hold your information
   When providing products to you it may be necessary to retain your information for an extended period of time. The length of time we hold your data depends on a number of factors, such as regulatory rules and the type of financial product we have provided to you. Those factors include:
   • The regulatory rules contained in laws and regulations or set by authorities like the Central Bank of Ireland, for example, in the Consumer Protection Code.
   • The type of financial product we have provided to you.
   • Whether you and us are in a legal or some other type of dispute with another person or each other.
   • The type of data we hold about you.
   • Whether you or a regulatory authority asks us to keep it for a valid reason.
   • Whether we use your data for long-term statistical modelling, provided that such modelling does not affect any decision we make about you. As a general rule, we keep your information for a specified period after the date on which a transaction has completed or you cease to be a customer. In most cases this period is six (6) years.
     
8. Implications of not providing information
   Sharing information with us is in both your interest and ours. We need your information in order to:
   • Provide our products and services to you and fulfil our contract with you.
   • Manage our business for our legitimate interests.
   • Comply with our legal obligations. Of course, you can choose not to share information, but doing so may limit the services we are able to provide to you. We may not be able to provide you with certain products and services that you request. We may not be able to continue to provide you with or renew existing products and services. We may not be able to assess your suitability for a product or service, or, where relevant, give you a recommendation to provide you with a Aquabroker Ltd t/a Aquabroker financial product or service. When we request information, we will tell you if providing it is a contractual requirement or not, and whether or not we need it to comply with our legal obligations.
     
9. The legal basis for using your information
   In order for us to provide you with financial advice, services or products, Aquabroker Ltd t/a Aquabroker need to collect personal data to provide you with financial advice, services or products. We will only use your Personal Data for lawful reasons.
   These are: a)
   • The use is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering a contract (such as providing a recommendation).
   • The use is necessary to comply with our legal obligations. c) You have consented to us using your information in such a way.
   • The use is necessary for the purpose of our legitimate interests.
   • The use is necessary for the performance of a task carried out in the public interest, such as assisting a regulatory authority’s investigation of a criminal offence In any event, Aquabroker Ltd t/a Aquabroker are committed to ensuring that the information we collect and use is appropriate for this purpose and does not constitute an invasion of your privacy.
10. How we keep your data safe
    We use technical 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, 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. We use strong encryption algorithms for the transmission and storage of your information. When you contact us to ask about your information, we may ask you to identify yourself. This is to help protect your information.
    
11. Processing your information outside the EEA
    Your information is stored on secure systems within Aquabroker Ltd t/a Aquabroker premises and with providers of secure information storage. We may transfer or allow the transfer of information about you and your products and services with us to our service providers and other organisations outside the European Economic Area (EEA), but only if they agree to act solely on our instructions and protect your information to the same standard that applies in the EEA.
    • Using companies to process your information outside the EEA.
      Some of our service providers, for example IT, telecommunication, credit reference agencies, payment processors, custodians and providers of administration services, tracing agents and contractors are based outside of the EEA. Where we authorise the processing/ transfer of your personal information outside of the EEA, we require your personal information to be protected to at least Irish standards and include the following data protection transfer mechanisms:
      • Adherence to the EU/US Privacy Shield. You can find more information on the EU/US Privacy Shield at www.privacyshield.gov including a list of all organisations that have signed up to the EU/US Privacy Shield framework. Please contact us for further details on any transfers of personal information by Aquabroker Ltd t/a Aquabroker to entities in the US.
        
12. How to exercise your information rights (including the right to object)
    Providing and holding personal information comes with significant rights on your part and significant obligations on ours. You have several rights in relation to how we use your information. If you make your request electronically, we will, where possible, provide the relevant information electronically unless you ask us otherwise. You have the right to:
    • Right of access: you have the right to request a copy of the information that we hold about you. If you would like a copy of your Personal Data, please contact us
    • Right of rectification: you have a right to correct data that we hold about you that is incorrect, inaccurate or incomplete. If you would like to correct data that we hold about you, please contact us.
    • Right to be forgotten: in certain circumstances you can ask for the data we hold about you to be erased from our records. Subject to any overriding legal obligation requiring us to retain it, you have the right to have your Personal Data deleted, however erasing your information may make it difficult or impossible for us to give you information on, provide you with, or administer our financial products. If you want your information deleted, please contact us.
    • Right to restriction of processing: where certain conditions apply to have a right to restrict the processing. If you would like to exercise your rights in this regard, please contact us.
    • Right of portability: you have the right to have the data we hold about you transferred to another organisation. If you would like to have your data to be transferred to another organisation, please contact us.
    • Right to object: you have the right to object to certain types of processing such as direct marketing. However, if we cannot process your data, it may make it difficult, impossible or unlawful for us to give you information on, provide you with, advice on financial products. If you would like to object to your data being processed, please contact us.
    • Right to object to automated processing, including profiling: you have the right to be subject to the legal effects of automated processing or profiling. Where we use automated decision-making, you will always be informed and you will be entitled to have a person review the decision so that you can contest it and put your point of view and circumstances forward e.g. when we produce quotes for the business you are contacting us about. When we want to market to you, we may run a program which allows us to identify certain criteria of clients (all those with that fit within a certain criterion).
    • Right to judicial review: in the event that we refuse your request under rights of access, we will provide you with a reason as to why.
    • Withdraw consent at any time: where any processing is based on consent if you withdraw your consent, it will not affect the lawfulness of processing based on your consent before its withdrawal. However, if we cannot process your data, it may make it difficult, impossible or unlawful for us to give you information on, provide you with, advice on financial products. If you want to object or withdraw your Consent to processing, please contact us.
      
      We are obliged to respond without undue delay. In most instances, we will respond within one calendar month. If we are unable to deal with your request fully within a calendar month (due to the complexity or number of requests), we may extend this period by a further two calendar months. Should this be necessary, we will explain the reasons why. If you make your request electronically, we will, where possible, provide the relevant information electronically unless you ask us otherwise. You have the right to complain to the Data Protection Commission. You can contact the Office of the Data Protection Commissioner at: Web: www.dataprotection.ie/docs/Contact-us/b/11.html Telephone: +353 57 868 4800 / +353 761 104 800 E-mail: info@dataprotection.ie Postal Address: Data Protection Commission, 21 Fitzwilliam Square South, Dublin 2, D02 RD28, Ireland.
      
13. How to contact us and/or our Data Protection Officer
    Your privacy is important to us. If you have any comments or questions regarding this statement, please contact us on 091 773 601 or email insure@aquabroker.ie.
    
14. Changes to this notice
    We will update this Data Privacy Notice from time to time. When such a change is made, we will post a revised version online. Changes will be effective from the point at which they are posted. It is your responsibility to review this privacy policy periodically, so you are aware of any changes. By using our services, you agree to this privacy policy.
    
15. Effective Date
    This privacy notice was last reviewed on March 2026

Aquabroker Limited, trading as Aquabroker is regulated by the Central Bank of Ireland, registered as an insurance intermediary under the European Union (Insurance Distribution) Regulations, 2018. Our Central Bank Reference Number is C4512. The firm is subject to the Central Bank of Ireland’s Consumer Protection Code, Fitness and Probity Standards and the Minimum Competency Code. These codes are available for inspection on the Central Bank of Ireland’s Website www.centralbank

Compensation Schemes/Consumer Protection

• Investor Compensation Company Ltd. (ICCL)
  Aquabroker Limited, trading as Aquabroker is a member of the investor compensation scheme established under the Investor Compensation Act, 1998 (“Act”). This legislation provides for the establishment of a compensation scheme and to the payment in certain circumstances, of compensation to clients or firms (known as eligible investors) covered by the Act. However, you should be aware that a right to compensation will only arise where client money or investment instruments held by the firm on your behalf cannot be returned either for the time being or in the foreseeable future, and where the client falls within the definition of eligible investor as contained in the Act. In the event that a right to compensation is established, the amount payable is 90% of the client’s loss, which is recognised as being eligible for compensation, up to a maximum of €20,000.
  
• Brokers Ireland Clients’ Compensation and Membership Benefits Scheme (BIC)
  We are also a member of the Brokers Ireland Clients’ Compensation and Membership Benefits Scheme (BIC). Subject to the rules of the scheme the liabilities of its member firms up to a maximum of €100,000 per Client (or €250,000 in the aggregate) may be discharged by the fund on its behalf if the member firm is unable to do so, where the above detailed Investor Compensation Scheme has failed to adequately compensate any Client of the member. Further details are available on request.

Services Provided

Aquabroker Limited, trading as Aquabroker acts as an intermediary and deals exclusively with marine or marine related insurance. Services are provided on a fair and personal analysis basis but if the request is based on a limited market then it is on a limited analysis basis. We will also offer assistance to you in relation to processing claims, on policies taken out through our firm. This assistance is provided either directly with our staff and/or with the assistance of an appointed Loss Assessor. We do not have any “tied” relationships with any institution that would compromise our ability to offer you fair advice and choice. In some cases, we may be granted authority from an insurance undertaking to conduct tasks on their behalf, for which we will be remunerated. Where we place your business with this insurance undertaking under this authority you will be notified in advance of the placement. Aquabroker Limited, trading as Aquabroker places business with local and international product producers (insurance companies and underwriting intermediaries). We cannot guarantee the financial stability of the Insurance Companies with whom we place business, but once a premium is paid to us and you have been provided with a receipt these monies are deemed to be paid to the Insurance Company in question which gives comfort to our clients. We do not guarantee nor make representations in regard to, and expressly disclaim responsibility for, the financial condition of insurers or product producers with which we place insurance. We make reasonable effort to satisfy ourselves as to the solvency of any product producer we are not in a position to absolutely guarantee the solvency of ANY product producer. If you wish to obtain further information on any Product Producer, please contact us and we will supply you with details of that firm’s financial regulator with whom you can take the matter up. We will not indemnify clients in respect of the failure of any insurer or product producer.

Full policy terms and conditions are contained in your policy document, a duplicate of which is available at any time on request. Do not assume cover is in effect until such cover is explicitly confirmed by Aquabroker Limited, trading as Aquabroker.

Fair and Personal Analysis

We will offer advice on a fair and personal analysis basis i.e. providing services on the basis of a sufficiently large number of contracts and product producers available in the market to enable us to make a recommendation, in accordance with professional criteria, regarding which contract would be adequate to meet your needs. The number of providers that constitutes ‘sufficiently large’ will vary depending on the number of providers operating in the market for a product or service. The following are among the criteria that we will consider when conducting a fair analysis of the market: the needs of the customer; the size of the customer order; the number of providers in the market that deal with brokers; the market share of each of those providers; the number of relevant products available from each provider; the availability of information about the products; the quality of the product and service provided by the provider; cost, and any other relevant consideration.

Premium Finance

If you require Premium Credit Finance, we may be able to arrange premium finance on your behalf with Close Brothers Premium Finance Ireland, Swift Square, Building 1, Santry Demesne, Northwood, Dublin 9, D09AOE4 or call 018622560. If a finance arrangement goes into default, Close Brothers Premium Finance Ireland will charge €40.00 late payment fee for each instalment which defaults. We do not charge any additional fees for this service. The payment agreement is between Close Finance and yourselves. Please ensure that you read, understand and adhere to the terms of any premium finance agreement. We accept no responsibility for any refusal by a premium finance provider to offer credit or for the consequences of defaults or delayed payments. Please be aware that your lender will be sharing information with the Central Credit Register. The Central Bank of Ireland established the Central Credit Register which is a new centralised system for collecting personal and credit information on loans of €500 or above. This information may be used by other lenders when making decisions on your credit applications and credit agreements. If you require any additional information, please visit www.centralcreditregister.ie where it aims to answer consumer questions. Details of commission payments we may receive from the finance provider are available on request.

Regular Reviews

It is your best interests that you review, on a regular basis the products we have arranged for you. As your circumstances change, your needs will change. You must advise us of those changes and request a review of the relevant policy so that we can ensure that you are provided with up-to-date advice and products best suited to your needs. Failure to contact us in relation to changes in your circumstances, may result in you having insufficient insurance cover.

Client Instructions

Instructions from clients should always be in writing either written or by electronic communication. In many cases the company will accept instructions verbally. All verbal instructions must be followed up by you in writing within seven days of the verbal instructions been given. In the event of the company not receiving written instructions then the verbal instructions recorded by Aquabroker staff will be deemed to be correct. In some cases, the company will only accept written instructions. You will be advised by staff if and when this situation arises. Some examples of when written instructions must be given are as follows:

• Cancellation of a policy
• Deleting a partner and/or partners from the policy.

It is your responsibility to provide complete and accurate information for Insurers when arranging an Insurance Policy and/or where a Proposal Form and a Statement of Fact is completed by you. These are important documents as they form the basis of insurance contract between the insurer and you the consumer. Failure to disclose any material information to your insurers could invalidate your insurance cover or all or part of the claim may not be paid.

Optional Insurance Products or Additional Insurance Products

At the inception of a new policy or on a subsequent renewal we may offer you various optional insurance products or services such as legal protection or personal accident. Such optional covers or benefits will be clearly indicated to you as such and the cost will be shown separately on our documentation. If you wish to avail of these optional extras; covers or benefits please inform us or remit the appropriate premium. You do not have to purchase the optional products in order to purchase the insurance product.

Money Laundering

Aquabroker Limited, trading as Aquabroker reserves the right to request additional information that may be required in order to comply with the Anti-Money Laundering requirements of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, as amended by the Criminal Justice Act 2013, the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Acts 2018 and 2021. Any suspicious transactions will be reported to the Gardaí and Revenue in line with regulatory rules.

Consumer Insurance Contracts Act 2019 (CICA)

The definition of “consumer”, in relation to a financial service, means-

• a natural person, not acting in the course of business,
• a sole trader, partnership, trust club or charity (not being a body corporate), with an annual turnover in its previous financial year (within the meaning of section 288 of the Act of 2014) of €5 million or less, or
• an incorporated body that:
  • 1. had an annual turnover in its previous financial year (within the meaning of section 288 of the Act of 2014) of €5 million or less, and
  • II. is not a body corporate that is a member of a group of companies (within the meaning of section 8 of the Act of 2014) with a combined annual turnover (in the previous financial year (within the meaning of section 288 of the Act of 2014) of the group of companies), of greater than €5 million, that:
    • (a) is a customer of a financial service provider,
    • (b) is a person or body to whom a financial service provider has offered to provide a financial service, or (c) has sought the provision of a financial service.

Your Duty of Disclosure

It is your responsibility to provide complete and accurate information for insurers when arranging an insurance policy, throughout the life of that policy and when you are renewing it. It is important that you ensure that all information provided, and all statements made on proposal forms, statements of fact, claim forms, and other documents are, to the best of your knowledge and belief, complete and accurate. Specific questions will be asked. Where you do not provide additional information (after being requested to do so) it can be presumed that the information previously provided remains unchanged. Failure to disclose any material information to your insurers could invalidate your insurance cover and could mean that all or part of a claim will not be paid or your policy cancelled. An insurer may repudiate liability or limit the amount paid on foot of the contract of insurance, only if it establishes that non-disclosure of material information was an effective cause of the insurer entering into the relevant contract of insurance and on the terms on which it did. Completed proposal forms or Statements of Facts will be provided to you. These are important documents as they form the basis of insurance contract between the insurer and you the consumer. You should review and confirm that the answers contained within are true and accurate. If you have any doubts as to whether any information is material it should be disclosed. A consumer may cancel a contract of insurance, by giving notice in writing to the insurer, within 14 days after the date the consumer was informed that the contract is concluded. The insurer cannot impose any costs on the consumer other than the cost of the premium for the period of cover. The consumer is under a duty to pay their premium within a reasonable time, or otherwise in accordance with the terms of the contract of insurance. A court of competent jurisdiction can reduce the pay-out to the consumer where they are in breach of their duties under the Act, in proportion to the breach involved.
Commercial Customers: Non-Consumer Disclosure of Information It is essential that you should bring to our attention any material alteration in risk such as changes of address or use of premises. Any failure to disclose material information may invalidate your claim and render your policy void.

Claims

It is essential that we are notified immediately of any claims or circumstances which could give rise to a claim. When you notify us, you must include all material facts concerning the claim. The policy wording will describe in detail the procedures and conditions in connection with making a claim. It should be noted that there is no cover for defence costs incurred without the insurer’s prior consent. The firm may recommend professional Loss Assessors to handle Property Insurance claims and, if such a Loss Assessor is appointed by the client, the client is responsible for the payment of the Loss Assessor’s fees. The firm may receive a referral fee when the recommended Loss Assessor handles the claim. If, in respect of the insurance contract the insurer is not obliged to pay the full claim settlement amount until any repair, replacement or reinstatement work has been completed and specified documents for the work have been furnished to the insurer, the claim settlement deferment amount cannot exceed:

• 5% of the claim settlement amount where the claim settlement amount is less than €40,000, or
• 10% of the claim settlement amount where the claim settlement amount is more than €40,000.

An insurer may refuse a claim made by a consumer under a contract of insurance where there is a change in the risk insured, including as described in an “alteration of risk” clause, and the circumstances have so changed that it has effectively changed the risk to one which the insurer has not agreed to cover. Any clause in a contract of insurance that refers to a “material change” will be interpreted as being a change that takes the risk outside what was in the reasonable contemplation of the contracting parties when the contract was concluded. The consumer must cooperate with the insurer in an investigation of insured events including responding to reasonable requests for information in an honest and reasonably careful manner and must notify the insurer of the occurrence of an insured event in a reasonable time. The consumer must notify the insurer of a claim within a reasonable time, or otherwise in accordance with the terms of the contract of insurance. If the consumer becomes aware after a claim is made of information that would either support or prejudice the claim, they are under a duty to disclose it. (The insurer is under the same duty). If the consumer makes a false or misleading claim in any material respect (and knows it to be false or misleading or consciously disregards whether it is) the insurer is entitled to refuse to pay and to terminate the contract. Where an insurer becomes aware that a consumer has made a fraudulent claim, they must notify the consumer advising that they are avoiding the contract of insurance. It will be treated as being terminated from the date of the submission of the fraudulent claim. The insurer may refuse all liability in respect of any claim made after the date of the fraudulent act, and the insurer is under no obligation to return any of the premiums paid under the contract.

Cooling Off Period

A consumer has the right to withdraw from an insurance contract (as defined under SI No 853 of 2004) within 14 days of the start date of the contract without penalty and without giving any reason. This is known as the cooling off period. The right of withdrawal may be exercised by notice in writing to Aquabroker Limited, trading as Aquabroker quoting your policy number provided that no claim or adjustment has been made or is intended to be made or no incident has occurred which is likely to give rise to a claim. Should this right be exercised the insurance company may charge for the period you are on cover. Please note that the policy set-up charge is non-refundable if you choose to withdraw from the policy within the cooling off period.

Cancellation

You, the customer, can cancel your policy by notice in writing at any time. Provided that all reasonable charges pertaining to costs incurred by Aquabroker Limited, trading as Aquabroker have been paid and provided that no incident giving rise to a claim or incident that might give rise to a claim has occurred in the current period of insurance, you may be entitled to a partial return of the premium for the un-expired period of insurance unless the policy is on a minimum and deposit basis, if this is the case, no return will be allowed on the policy and this will be noted on your policy schedule. If you cancel during the first-year short term rates may apply and/or Insurers may charge a cancellation fee, please refer to policy terms and conditions. We reserve the right to cancel your policy in certain circumstances, for example, non-payment of premiums; bank returns your cheque due to insufficient funds or any other reason; direct debit default or misrepresentation/non-disclosure of relevant information. When your policy ends or is cancelled, we will provide you with any documentation and information you are entitled to on request. An administration fee may be charged to cover expenses in the event of a failure to pay or default. Insurance companies normally reserve the right to cancel policies at any time by giving appropriate notice to your last known address. Please refer to your policy terms and conditions.

Failure to Pay or Default

We will exercise our legal rights to receive payments (fees and insurance premiums) due to us from clients for services provided. Without limitation to the generality of the foregoing, the firm will seek reimbursement for all payments made to Insurers on behalf of clients where the firm has acted in good faith in renewing a policy of insurance for the client. Insurers may withdraw benefits or cover and reserve the right to instigate cancellation proceedings in the event of default on payments due. These conditions are clearly outlined in all policy documents and premium finance agreements, which you should read and take note of. Reminder letters and/or phone calls in respect of renewal of policies are not necessarily sent. The onus is on the client to renew the policy prior to renewal to ensure continuation of cover. In the event of a premium being due to an insurance company, prior to payment being received by Aquabroker Limited, trading as Aquabroker, the insurance company must be notified that the client has defaulted and the policy lapses from renewal date. If the premium is subsequently paid, cover can only be reinstated from the date of receipt of payment.

Complaints

Aquabroker Limited, trading as Aquabroker has a written procedure in place for the effective consideration and handling of complaints. Any complaints should be addressed in writing to the Managing Director, Aquabroker Limited, trading as Aquabroker. Each complaint will be recorded and acknowledged in writing within 5 working days of receipt, updates will be advised in intervals of not more than 20 days and we will endeavour to resolve a complaint within 40 business days and findings will be furnished to you within 5 working days of completion of the investigation. In the event that you are not entirely satisfied with the firms handling of and response to your complaint, you have the right to refer your complaint to the Financial Services and Pensions Ombudsman (FSPO), 3rd Floor Lincoln House, Lincoln Place, Dublin 2, D02 VH29. Lo Call 1890 88 20 90.

Conflicts of Interest

It is the policy of Aquabroker Limited, trading as Aquabroker to avoid conflicts of interest in providing services to you. However, where an unavoidable conflict of interest arises we will advise you of this in writing before providing you with any service. A full copy of our conflicts of interest policy is available on request. As per our remuneration, we are paid a commission by the insurers for your business.

Data Protection

Aquabroker Limited, trading as Aquabroker complies with the requirements of the General Data Protection Regulation 2018 and the Irish Data Protection Act 2018. The data which you provide to us will be held on a computer database and paper files for the purpose of arranging transactions on your behalf. The data will be processed only in ways compatible with the purposes for which it was given and as outlined in our Data Privacy Notice and Data Protection Policy. We would also like to keep you informed of insurance, investment and any other services provided by us or associated companies with which we have a formal business arrangement; which we think may be of interest to you. We would like to contact you by way of letter, email or telephone call. If you would like to receive such marketing information, please complete the permission statements contained in the Terms of Business acknowledgement letter attached. We may receive referrals from such firms and may advise them of any transactions arranged for you. You have the right at any time to request a copy of any ‘personal data’ (within the meaning of the GDPR) that our office holds about you and to have any inaccuracies in that information corrected. Please contact us at insure@aquabroker.ie if you have any concerns about your personal data.

CCTV, Call and Voice Recording

Aquabroker Limited, trading as Aquabroker may record telephone calls, inbound and outbound, for regulatory, quality, training and verification purposes. CCTV recording facilities are also in place in our offices. These facilities are in place for security, quality, training and verification purposes. All data captured by these facilities are managed in accordance with the General Data Protection Regulation 2018 and the Irish Data Protection Act 2018.

Governing Law and Language

The laws of Ireland form the basis for establishing relations between you and Aquabroker Limited, trading as Aquabroker. All contracts, terms, conditions and communications relating to any policies or services you may enter into with the firm will be in English.

Quotations

All quotations are valid for 7 days unless otherwise stated and all quotations and cover are subject to acceptance by the insurer concerned.

Handling Clients’ Money/Receipts

Aquabroker Limited, trading as Aquabroker will accept payments by credit/debit card, bank transfer or by payment through our webpage www.aquabroker.ie/payonline in respect of all classes of insurance in the circumstances permitted. For certain Insurance Products, we may request that all payments are made payable to the provider of the product in question. A receipt will be issued for all payments received and should be retained by you in a safe place. These are issued with your protection in mind and should be filed safely. If you wish to pay by bank transfer our IBAN number is IE14AIBK93740115608811; please include your policy number for reference. We will not be able to pay premiums to product producers for a client where the premiums have not been received by the firm. Therefore, to avoid policy cancellation, premiums must be paid strictly within credit terms. Clients must pay at inception of a contract or on or before renewal date or as invoiced in the case of mid-term alterations. Insurance companies may cancel cover where a client fails to meet their obligations in relation to payment terms and conditions.

Remuneration and Fees

General Insurance
Aquabroker Limited, trading as Aquabroker may be remunerated by a professional fee for the initial work activity and time spent in seeking the best terms, advice, product and product producer for your specific needs. An administration fee is also charged for the activity involved in the renewal of the policy and also for any alterations that take place during and at termination of the policy. We may earn our remuneration on the basis of fee, commission and any other type of remuneration, including a non-monetary benefit or on the basis of a combination of these methods. A non-monetary benefit will only be accepted if it enhances the quality of the service to our clients. Where an override commission is received, this will be disclosed to you in general terms. The range of commission payable varies depending on the class of business being placed. Some product producers do not pay any commission. Details of the commission arrangements from Insurers are available on our website www.aquabroker.com. Our fees/charges will be communicated to you in advance of new business, renewal and mid-term alteration stage and will be clearly set out in our documentation issued to you. Services can be provided solely on a fee basis if the client so wishes, so that no commission will be taken from the premium charged by the product producer. Where you choose to pay in full for our service by fee, we will notify you in writing in advance and agree the scale of fees to be charged if different from fees outlined below. Where it is not possible to provide the exact amount, we will provide you the method of calculation of the fee. All premiums are subject to a 5% Government Levy, where applicable.

Scale of Fees
In most classes of insurance policies, the fee is fixed and ranges from €40.00 to €250.00 for each transaction and is shown separately on invoices. On the more complex cases it can be based on the hourly rates which are €250 senior management, €125 junior associates and €65 all other staff. If your business is likely to fall into this category we will advise you at the outset. If you request mid- term adjustments to the policy, we will have to charge an administration fee of €50.00 per adjustment. A fee of up to €125 may be charged for the provision of duplicate documentation.

Premium Finance Charges:
Where premiums are financed by Close Brothers Premium Finance Ireland, details of interest rate and all charges will be separately provided in the credit agreement at inception.

Supplementary Charges:
Should a particular project or circumstance require us to charge any additional fees, they will be specifically advised in advance. The calculation of such charges will be based on various factors such as, though not limited to the complexity of matters under consideration, any commission payable (including none) by Insurers, time spent, qualification levels and numbers of personnel involved. Please note that some insurance companies may collect our administration charge on our behalf for direct debit policies. We reserve the right to amend these fees should the complexity of the product/service require a higher fee or in the event that the product/service provided is not remunerated by a product producer in the usual way. In such circumstances we will confirm and agree the fee with you at the time of providing the service. A summary of the details of all arrangements for any fee, commission other reward or remuneration paid or provided to us which have been agreed with product providers is available in our office or on our website www.aquabroker.ie.