Everest Insurance Company of Canada Privacy Notice

Everest Canada is responsible for personal information in its possession or control. Responsibility for compliance with this Privacy Notice rests with Everest’s Canadian Compliance team with assistance from Everest Canada’s ultimate parent company, Everest Group Ltd. (“Everest Group”), and their Global Privacy Office. The Data Privacy and Protection Officer may be reached by following the instructions in the “How to Contact Us” section below.   Other employees within the Everest Group may act on behalf of the Data Privacy and Protection Officer regarding the day-to-day collection and processing of personal information.

Everest Canada shall limit the collection of personal information to that which is necessary for the purposes stated herein. Personal Information means any information about an identifiable individual (“Personal Information”). This includes but is not limited to: 

• Name,
• Home address,
• Age,
• Birth date,
• Income,
• Claims histories,
• Employment information,
• Tax information,
• Medical and health information such as clinical notes and reports,
• Financial information, and
• Drivers’ License information.

Personal Information will only be collected through fair and lawful means and such information is used and disclosed only to the extent required to fulfill the purposes stated herein, except with the consent of the individual or as provided by Canadian Privacy Laws.

The knowledge and consent of an individual are required for the collection, use and disclosure of Personal Information, except as provided by Canadian Privacy Laws. Consent can be either express or implied.  Consent means voluntary agreement with the collection, use and disclosure of Personal Information for defined purposes.  As Everest Canada deals directly with insurance producers, much of the Personal Information collected during the underwriting process is provided to us by our insurance producers who are responsible for obtaining the direct consent of our customers to collect Personal Information that might be required in order for us to provide the insurance product or service requested. We will infer such consent as or when appropriate. We may also obtain Personal Information from various other third-party sources as part of the process, such as adjusting firms that we retain to handle and investigate a claim, other insurance companies, or other industry sources.

For claims purposes, Personal Information may be obtained from brokers, adjusters, medical practitioners, our solicitors, claimants’ solicitors during the course of litigation and private investigators.

• to establish and maintain responsible commercial relations with customers, including insurance brokers with which it conducts business;
• to offer and provide insurance and related products and services;
• to communicate, develop, enhance, market and provide ongoing services to its customers;
• to answer complaints from individuals where applicable;
• to verify the identity and the accuracy of Personal Information with brokers, adjusters, government agencies, industry associations, or other insurers;
• to analyze, assess, underwrite and price insurance coverage on a prudent basis;
• to investigate and assess claims, liability and quantum of damages;
• to assess the value of an alleged injury to a claimant;
• to detect and prevent fraud;
• to act as required or authorized by law; and,
• to meet legal or regulatory requirements, including auditing requirements.

Our policy is to disclose Personal Information only to vetted partners for legitimate and lawful purposes.  The following are examples of where Personal Information may be disclosed:

• Your agent or broker.
• Parties who perform a business, professional or (re)insurance function for Everest Canada, including affiliated companies, agents, services providers and reinsurers, which may be located outside of Canada.
• Third parties such as our adjusters or solicitors, appraisers, medical practitioners, auditors, private investigators, accountants, and lawyers who need the information to investigate, defend or settle a claim involving your insurance, which may be located outside of Canada.
• Other insurance or reinsurance companies or agents as reasonably necessary in connection with any application, insurance policy or claim involving you.
• Law enforcement or other governmental authorities to protect our legal interests, and to authorized persons as ordered by subpoena, warrant or other court order, or as required by law.
• Data processing and regulatory agencies in connection with regulating and reporting of our business.

Upon such disclosure of any Personal Information, the disclosure is subject to privacy and confidentiality requirements and agreements as necessary.

Personal Information is retained as long as your file is active and required for business and legal purposes. 

Individuals may refuse or withdraw consent to Everest Canada’s collection, use or disclosure of their Personal Information by contacting Everest Canada’s Data Privacy and Protection Officer.  If an individual refuses to provide certain information or withdraws his or her consent, Everest Canada may not be able to provide some of its products and services.

Everest Canada will employ reasonable measures to ensure that the Personal Information we have about individuals is accurate, complete and as up to date as necessary for the identified purpose(s). We will amend Personal Information that is inaccurate or incomplete.

We maintain physical, electronic and administrative safeguards designed to help protect Personal Information. We secure our databases with various physical, technical and procedural measures, and we restrict access to your information by unauthorized persons.

We also train all employees on their responsibility to safeguard customer data and provide them with appropriate guidelines for adhering to our company's business ethics, standards, and confidentiality policies. 

We take particular care when working with third parties, only sharing Personal Information with affiliates, business partners, third-party service providers, or vendors when we have a legitimate business purpose for doing so. We ensure contractual requirements, including confidentiality clauses, are in place to ensure Everest Canada’s data protection principals are adhered to. 

Everest Canada will inform an individual of the existence, use and disclosure of his or her Personal Information upon request and give the individual access to that information, except where this is not required under Canadian Privacy Laws. An individual may be able to challenge the accuracy and completeness of that information and have it amended as appropriate. Individuals who have any questions about this Canada Privacy Notice or the collection, use or disclosure of their Personal Information may contact Everest Canada at the address noted below. Please note that Individuals may be asked to confirm their identity and be directed to send us requests in writing.  In accordance with Canadian Privacy Laws, we may not be required to provide access to an individual’s Personal Information in any of the following circumstances:

• If doing so would likely reveal Personal Information about a third party;
• If the information is subject to solicitor-client privilege;
• If revealing the information would reveal confidential commercial information;
• If revealing the information could affect the security of another person;
• If the information relates to the actual or suspected breach of an insurance policy or other agreement or the breach of Canadian law; or
• If the information was generated in the course of a formal dispute resolution process.

Upon receipt of a complaint or inquiry from an individual concerning the collection, use or disclosure of their Personal Information, Everest Canada will respond in a timely manner and will review all such complaints or inquiries. If the complaint is valid, Everest Canada will take appropriate measures to resolve the complaint, including, if necessary, amending its policies and procedures.  Everest Canada will make readily available specific information about its policies and practices relating to the management of Personal Information and will review its privacy policies on a regular basis