Sunderland Marine Insurance Company Limited (“Sunderland Marine”)
Australian Privacy Statement
1. About us
Sunderland Marine is Sunderland Marine Insurance Company Limited, a company incorporated in England under number 16432 and authorised to conduct business in Australia under ARBN 007 508 401 and ABN 89 007 508 401. The principal address of Sunderland Marine’s Australian business is 19 Agnes Street, Jolimont, East Melbourne, Victoria 3002, Australia.
Telephone +61 03 9650 6288
Fax +61 03 9650 6396
As a company operating in the United Kingdom, Sunderland Marine is required by law to comply with the UK data protection legislation in respect of all of its operations wherever situated. In addition, Sunderland Marine is aware of and seeks at all times to comply with the Australian Privacy Principles (APPs) set out in the Privacy Act 1988 as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (the Privacy Act) when managing and maintaining personal information in the course of its Australian business.
2. Your Personal Information
This Privacy Statement sets out Sunderland Marine's policies in relation to the management of Personal Information, and in particular:
Personal Information means information or an opinion (whether true or not) about an individual who can be reasonably identified from that information. This includes information which is written, oral or electronic.
Sensitive Information means information or an opinion about a person’s racial or ethnic origin, political opinions, religious beliefs or affiliations, membership of a political association, philosophical beliefs, membership of a professional or trade association or trade union sexual orientation or practices, criminal record, health, genetic or biometric information provided such information is also Personal Information.
Health Information means information about a person’s health or disability (including genetic information), a person’s expressed wishes about the future provision of health services to that person, or any treatment provided or to be provided to a person provided such information is also Personal Information.
If you have any specific questions regarding the manner in which Sunderland Marine manages and maintains your Personal Information, Sensitive Information or Health Information please contact us directly.
3. Collecting Personal Information
Sunderland Marine will only collect Personal Information where the information is reasonably necessary for one or more of Sunderland Marine’s functions or activities. Accordingly, Sunderland Marine may need to collect Personal Information in the following situations:
where Sunderland Marine is gathering information in order to provide a quotation for (re)insurance (including a renewal, amendment or midterm adjustment);
providing (re)insurance (including a renewal, amendment or midterm adjustment);
altering the terms of a(n) (re)insurance policy;
processing a(n) (re)insurance claim;
providing information about its products and services;
complying with our legal and regulatory obligations; or
processing a job application (Purposes for collecting Personal Information)
Sunderland Marine will only collect Personal Information where this information is reasonably necessary for any Purpose for collecting Personal Information. If Sunderland Marine requires any of your Personal Information, Sunderland Marine will request your Personal Information and advise you as follows:
how to contact Sunderland Marine;
how Sunderland Marine will use your Personal Information;
the organisations or types of organisations to which it may disclose your Personal Information; and
potential consequences that may arise if you do not provide Sunderland Marine with your Personal Information.
Sunderland Marine endeavours to collect Personal Information directly from the individual concerned and not from a third party. However, it may not always be reasonable or practicable for Sunderland Marine to do so. Occasionally, situations may arise where it is necessary for Sunderland Marine to obtain Personal Information about an individual from a third party, for example:
if a broker contacts Sunderland Marine directly on the individual's behalf;
if Sunderland Marine requires independent verification or appraisal of information that an individual has provided; or
if Sunderland Marine is investigating a claim.
Sunderland Marine may from time to time need to collect Sensitive Information or Health Information where this is reasonably necessary for one or more of Sunderland Marine’s functions or activities (including but not limited to the purpose of assessing a(n) (re)insurance proposal or a claim). Sunderland Marine will only collect Sensitive Information or Health Information if Sunderland Marine has your consent or is required to do so by Australian law or by order of a court/tribunal.
4. Using or disclosing your Personal Information
Sunderland Marine will only use or disclose Personal Information to a third party for purposes related to the following:
to assess a proposal or provide a quotation for (re)insurance (including a renewal, amendment or midterm adjustment);
to provide (re)insurance (including a renewal, amendment or midterm adjustment);
to seek or obtain reinsurance (including retrocessions);
to respond to an insurance claim;
to provide information about its products or services;
to process a job application;
to meet the requirements of applicable regulatory bodies and/or law enforcement agencies; and
to obtain advice from our professional advisers.
Sunderland Marine will not use your Personal Information for any other purpose without your consent, unless compelled to do so by an Australian law, court or tribunal order, or enforcement body.
Sunderland Marine will not provide Personal Information to any organisation to use for marketing purposes. Sunderland Marine may from time to time use your Personal Information to provide you with news or offers about our products and services. However, Sunderland Marine will only do so with your consent, which you may retract by providing Sunderland Marine with notice in writing.
Sunderland Marine may use or disclose Personal Information for purposes of public safety, law enforcement and certain other purposes specified in the Privacy Act and in accordance with the APPs.
5. Maintaining the integrity of your Personal Information
To ensure that the Personal Information we hold is accurate, complete, and up to date we:
periodically review our paper files and electronic database to remove or de-identify Personal Information that we no longer need; and
correct, within a reasonable period, any errors that you bring to our attention.
If we do not correct any errors that you bring to our attention we will give you reasons for our refusal to do so and provide details of our complaints procedure.
If you ask us to, we will take reasonable steps to associate a statement to the information acknowledging your claim that the information is inaccurate, incomplete and out of date in such a way as to make it apparent to users of the information.
6. Accessing your Personal Information
You can request access to the Personal Information we hold about you. Your rights to access, and our rights to refuse access, are set out in the Privacy Act under APP 12.
Sunderland Marine may refuse access in certain circumstances specified in that APP, including if:
providing access to the information would be unlawful;
providing access would breach the privacy of (an)other individual(s);
the information relates to existing or anticipated legal proceedings between you and Sunderland Marine, and the information would not be accessible by the process of discovery in those proceedings;
the information would reveal Sunderland Marine's intentions in negotiations with you in a way which would prejudice those negotiations; or
giving you access would be likely to prejudice an investigation of possible unlawful activity.
When providing you with access to your Personal Information, Sunderland Marine will do so within a reasonable period. We may charge a reasonable amount to cover any expenses incurred in providing access to you. Sunderland Marine is not required to reveal evaluative information it has created in connection with a commercially sensitive decision making process. Sunderland Marine will decline access in such circumstances.
In the event that Sunderland Marine refuses access to your Personal Information, Sunderland Marine will inform you in writing of such refusal, setting out the reasons for such refusal and providing a copy of the Sunderland Marine complaints procedure.
7. Securing your Personal Information
Sunderland Marine understands that you may be concerned about the security and confidentiality of the Personal Information we hold. Sunderland Marine recognises the value of Personal Information and will do all that it reasonably can to protect the information from misuse and loss, and from unauthorised access, modification and disclosure.
Sunderland Marine will do that by:
ensuring that all Sunderland Marine staff who have access to Personal Information understand the requirements of the Privacy Act;
requiring our suppliers and contractors to comply with all applicable data protection and privacy legislation;
storing Personal Information in paper files in secure facilities; and
using secure access codes and other electronic data protection techniques when storing or transmitting Personal Information electronically.
8. Personal Information outside Australia
Sunderland Marine may need to transfer the Personal Information to its international affiliates and subsidiaries outside Australia. Details of the location of such affiliates and subsidiaries are available from Sunderland Marine’s website (www.sunderlandmarine.com). Sunderland Marine will only transfer Personal Information outside Australia with your consent or if Sunderland Marine is satisfied, or has made arrangements to ensure, that the information will be handled in a manner that is consistent with the requirements of APP 8 under the Privacy Act.
9. Website Cookies
Sunderland Marine takes all complaints we receive about the way we treat Personal Information seriously.
If you make a complaint about the way in which Sunderland Marine or another person or organisation acting in connection with Sunderland Marine treats Personal Information, Sunderland Marine will deal with the complaint in accordance with the requirements of the Privacy Act and the APPs.
We are happy to assist you with your written complaint if required.
When we receive your written complaint we will write to you to confirm the substance of the complaint.
If your complaint relates to the way in which another person or organisation acting in connection with us has collected, stored, used or disclosed your Personal Information, you should also contact that person or organisation.
We will investigate your complaint and, within 15 working days of receiving it, will write to you to tell you the outcome of our investigation, and the reasons for that outcome.
If you are dissatisfied with the outcome you may refer your complaint to the Australian Office of the Information Commissioner.