Dated 10th of December 2019
1. About Us
Pantaenius Australia Pty Ltd (ABN 95 148 013 085) (AFS Licence No 410502) is an insurance agent organising specialist Sail & Motor Yacht Insurance.
Pantaenius acts as an agent for the insurers Chubb Insurance Australia Limited (ABN 23 001 642 020) (AFS Licence No 239687), Berkshire Hathaway Specialty Insurance Company (ABN 84 600 643 034) (AFS Licence No 466713) and HDI Global Specialty SE (ABN 58 129 395 544) (AFS Licence No 458776) to issue, renew and vary insurance policies and to handle claims.
The insurers and we are bound by the obligations of the Privacy Act 1988 (Cth) and the Australian Privacy Principles set out in that Act. The Act and the Australian Privacy Principles set out basic standards relating to the collection, use, disclosure and handling of personal information.
3. Personal Information
Personal information means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether or not it is true or recorded in a material form. The sort of personal information we collect includes your name, date of birth, gender, current and former addresses, contact numbers, email addresses, bank account details, driver’s licence number and information about your use of our services.
Personal information also includes 'sensitive information', such as criminal records. We [may, with your consent,] / [do not] collect sensitive information about you in the course of our business.
If you choose not to provide us with personal information, we may not be able to provide you with our services.
4. Collecting your Personal Information
We only collect personal information for purposes which are directly related to our functions and activities including, but not limited to arranging and administering sail and motor yacht insurance cover, claims handling and investigations, product related enquiries and dispute resolution.
Where it is possible, we only collect personal information from you when:
(a) you complete an application form for our products and services through us or through an organisation with whom we are affiliated;
(b) you submit an online form to us;
(c) you ask questions on the telephone;
(d) we ask you in person; or
(e) you contact us or our representatives to obtain a quote.
If you provide personal information to us about another person, we rely on you to make them aware:
(a) that you will provide their personal information to us;
(b) of the types of third parties we may provide it to;
(c) of the relevant purposes we (and third parties) may use it for; and
(d) of how they can access it.
We sometimes collect personal information from third parties when arranging and administering insurance cover such as our related companies, other insurers, credit reporting agencies and organisations whom we have a relationship with.
5. Using and Disclosing your Personal Information
We only use and disclose your personal information for the purpose(s) for which it was given to us, that is to help us organise and administer your insurance policy on behalf of the insurer. For example to process any claims you make under your insurance policy, to help us decide whether insurance cover should be offered and to determine terms and conditions of the insurance cover offered. We may also use and disclose your personal information for related purposes, as required or permitted by law, or otherwise with your consent.
In the case of your sensitive information, we will only use and disclose it for the purposes for which it was given to us or any directly related purpose.
We may sometimes disclose your personal information to third parties for example, insurers (including those listed above), loss adjusters and assessors, legal advisors, investigators, credit reporting agencies, professional advisers (including accountants) and/or other agents of these third parties, in order to assess and process any claim you make, or to process payments to or from your bank accounts. We will take active steps to ensure that these organisations are bound by confidentiality and privacy obligations to protect your personal information.
Pantaenius may also be required by law, and upon request, to disclose your personal information to the law and credit enforcement bodies and/or regulatory authorities.
6. Direct Marketing
With your prior consent, we may use your personal information to promote and market our services to you. This is to keep you informed about our services, any new products or services and special offers, even when you cease to hold an insurance policy with us. If you do not wish to receive marketing information or be contacted by us or by any of the companies belonging to the Pantaenius group, please call +61 (02) 9936 1670 or email us at email@example.com. We will take all reasonable steps to meet your request at the earliest possible opportunity. We will not use or disclose your sensitive information for direct marketing purposes.
7. Overseas disclosure
We may collect or disclose your personal Information about you to persons and companies overseas where a business function of Pantaenius has been outsourced or if we need to complete an electronic transaction or any other transaction on your behalf. For example, personal information may be provided to MCS Marine Claims Service GmbH (MCS) which is an international independent third party claims administrator and Agent which specialises in locating and securing stolen sail and motor yachts. As MCS operates all around the world, it is not practicable to list the countries to which we may disclose your personal information. We will take reasonable steps to ensure the overseas entities we disclose your personal information do not breach the Australian Privacy Principles.
8. Data Security
We take steps to protect your personal information we hold against loss, unauthorised access, use, modification or disclosure and against other misuse. These steps include password protection for electronic files, securing paper files in locked cabinets and physical Access restrictions. When we no longer require your personal information, it will be destroyed in a secure manner or de-identified.
Subject to legal requirements, we store your personal information in a number of ways such as:
(a) in computer systems or databases;
(b) in hard copy or paper files; and
(c) in telephone recordings.
9. Access and Correction
You have the right to seek access to your personal information held by us and to correct it at any time by
writing to us. Pantaenius may charge you a reasonable fee to cover any administrative costs in searching and providing access to your personal information. In some cases, we may refuse to grant access to, or correct, your personal information, for instance if it is unreasonable to do so or we do not agree with the change. We will provide you with our reason for refusing, unless we are required or permitted by law not to do so. You can always ask Pantaenius to delete your personal information from our records when it is no longer required for the administration of your policy and claim. If Pantaenius is required to retain your information for a period of time in the event of potential or on-going Claims or liabilities, you will be advised at the time you make your written request for the information to be deleted.
10. What is Sensitive Information?
We do not collect 'Sensitive Information' unless it is necessary for the purposes of determining risk or for
providing you with a specific product or service. We will obtain your consent prior to collecting, using or
disclosing sensitive information about you, except if we are required by law or permitted under the National Privacy Principles to disclose it. Sensitive information is information about your health, your racial or ethnic origin, political persuasion, memberships in trade or professional associations or trade unions, sexual preference or criminal record.
11. Updating your Personal Information
Pantaenius aims to ensure that your personal and sensitive information we collect is accurate, up to date and complete. Please inform us of any changes to your personal information or correct any inaccuracy, by
contacting or writing to us at our offices set out in below in the “How to Contact Us” section. We rely on you to assist us in ensuring that the information we hold about you is accurate, complete and up to date.
12. How to Make a Complaint
If you have a complaint or would like more Information about how we manage your personal information or our compliance with the Australian Privacy Principles or this
(a) phone +61 (0) 2 9936 1670
(b) email firstname.lastname@example.org
We aim to deal with complaints in a fair and efficient manner. After receiving a complaint, we may request
further information from you and/or conduct an internal investigation. We will notify you of the outcome within a reasonable period of time. If you are not satisfied with our response, you may contact the Privacy Commissioner at:
Office of Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
1300 363 992 or via email at email@example.com.