Compliance

Privacy Policy

Your privacy is important to us and we are committed to handling your personal information in a responsible way in accordance with the Privacy Act. This is our Privacy Policy and it sets out how we collect, store, use and disclose your personal information. We recommend that you read it carefully.

You do not have to provide us with your personal information, but if you do not do so we may not be able to provide you with our products or services.

By visiting any of our websites, applying for, renewing or using any of our products or services or providing us with your information, you agree to your information being collected, held, used and disclosed as set out in this Privacy Policy.

Last updated July 2018.


The personal information we collect 

We collect the information necessary for us to provide you with the products and services you have requested from us, and to manage your claims. 

We will only collect your sensitive information if you have provided us with consent to do so. Where practicable, we will give you the option of interacting with us anonymously. 

The personal information we collect and hold generally includes your name, address, date of birth, and contact details (such as your phone number, fax number and/or email address). 

However, we may also collect and hold other information required to provide services or assistance to you, including your gender, employment, details of your previous insurances, sensitive information (such as health information and criminal records), claims history, your personal assets and those of your spouse or partner. 


How we collect your personal information 

We may collect your personal information in various ways, including via telephone, our website, hard copy forms or email. Whenever you choose to deal with us directly, we will where possible collect this information directly from you. 

However, there may be occasions when we collect your personal information from someone else. This may include your broker or financial adviser, Thunder Insurance authorised representatives, other insurers, employers, our distributors, agents or related entities, medical practitioners and rehabilitation providers, another party involved in claim, investigators, family members, anyone you have authorised to deal with us on your behalf, and/or our legal advisers. 

On all occasions, your personal information is collected, held, used and disclosed by us in accordance with this Privacy Policy. 

We may also seek to collect personal information about someone else from you (for example, if you request a product or service jointly with another person). However, you must not provide us with information about another person unless you have clear consent from that person to do so and let them know about this Privacy Policy and where to find it. 


How we use your personal information 

We only use your personal information for the purpose for which it was provided to us, related purposes as set out in this Policy and as permitted by law. Such purposes include: 

  • responding to your enquiries; 

  • providing you with the assistance you requested of us, our products and services (for example, processing requests for quotes, applications for insurance, underwriting and pricing policies, issuing you with a policy, managing claims, processing payments, etc); 

  • maintaining/administering your account and policies and processing payments you have authorised; 

  • processing your survey or questionnaire responses for the purpose(s) notified in the survey or questionnaire (if you have chosen to participate in such); 

  • for market research so that we can better understand our customers’ needs and tailor our future 

  • providing you with marketing information regarding other products and services (of ours or of a third party) which we believe may be of interest to you if you opt-in to receive such information; 

    • quality assurance and training purposes; and 

    • any other purposes identified at the time of collecting your information. 

However, we will only use your sensitive personal information for the purposes for which it was initially collected, other related purposes as set out in this Policy or purposes to which you otherwise consent. 

If you are not a customer; for example, if you are a medical practitioner, investigator, expert, claimant or other third party), your information will only be used for the specific purpose or claim for which it was provided to us, unless you have consented to other uses. 


How we disclose your personal information 

Where appropriate we will disclose your information to our related entities and third parties who provide services to us or on our behalf, including: 

  • insurance advisers (such as Thunder Insurance authorised representatives and insurance brokers); 

  • mailing houses and marketing companies; 

  • insurance reference bureaux, underwriters and re-insurers (and their representatives); 

  • other insurance providers; 

  • any credit providers that have security over your property; 

  • in the case of some claims (or likely claims), assessors, investigators, your employer, medical practitioners, rehabilitation and other health providers; 

  • the Financial Ombudsman Service (which is an external dispute resolution scheme); 

  • our external IT service providers, infrastructure and other third party service providers; 

  • government bodies, regulators, law enforcement agencies and any other parties where required by law; and 

  • our related entities so that they can also offer you products and services if you have opted-in to receive such information. 

We will only disclose your sensitive information for the purposes for which it was initially collected as set out in this Policy, other directly related purposes or purposes to which you otherwise consent. 

For workers compensation insurance in Victoria and New South Wales, personal information (including sensitive information) that is collected, will not be used or disclosed to others for direct marketing, customer or market research purposes unless the information is collected for the purpose of meeting (directly or indirectly) an obligation under the Victorian or New South Wales contractual obligations and the use or disclosure is necessary to meet (directly or indirectly) such an obligation. 

A small number of our related entities and third party service providers are located in countries outside of Australia (mostly in New Zealand, Singapore, India and the United States). Our contracts with these parties generally include an obligation for them to comply with Australian privacy law and our Privacy Policy. However, you acknowledge that, by agreeing to the disclosure of your information to these entities outside of Australia, we will no longer be required to take reasonable steps to ensure the overseas recipient’s compliance with the Australian privacy law in relation to your information and we will not be liable to you for any breach of the Australian privacy law by these overseas recipients and, on this basis you consent to such disclosure. 

If you have a worker’s compensation claim in New South Wales or Victoria, we will not disclose your personal or sensitive information outside of Australia when it is collected in connection with an injury/condition to which the workers compensation claim relates. 


Security of your personal information 

We take reasonable steps (including any measures required by law) to ensure your information is protected and secure. For any insurance payments you make via our websites, we use a recognised payment service provider that is required to take reasonable steps to protect your information. 

We also take reasonable precautions to ensure that any information you provide to us through our websites is transferred securely from our servers to our mainframe computers, including through use of Secure Sockets Layer (SSL) protocols. 

However, no data protection and security measures are completely secure. Despite all the measures we have put in place, we cannot guarantee the security of your information, particularly in relation to transmissions over the internet. 

Accordingly, any information which you transmit to us is transmitted at your own risk. You must take care to ensure you protect your information (for example, by protecting your usernames and passwords, policy details, etc) and you should notify us as soon as possible after you become aware of any security breaches 


Accuracy, access and correction 

We take reasonable steps to ensure the information we collect and hold about you is accurate, complete and up-to-date. However, we rely on you to advise us of any changes to your information or corrections required to the information we hold about you. 

Please let us know as soon as possible if there are any changes to your information or if you believe the information we hold about you is not accurate, complete or up-to-date. 

We will, on request, provide you with access to the information we hold about you unless otherwise required or permitted by law. We will notify you of the basis for any denial to access your information. We may ask you to complete a ‘Personal Information Access Request Form’ which can be found on this webpage and may charge you a service fee for retrieving and sending the information to you. 


Revision of our Privacy Policy 

We reserve the right to revise this Privacy Policy or any part of it from time to time. Please review this policy periodically for changes. If we make significant changes to this policy, we will notify you by email or by putting a notice on our public website. 

Your continued use of our websites, products or services, requesting our assistance, applying for or renewal of any of our products or services or the provision of further personal or sensitive information to us after this Privacy Policy has been revised, constitutes your acceptance of the revised Privacy Policy.

Complaint and Dispute Resolution

At Thunder Insurance we demonstrate a culture that acknowledges a customer’s right to complain and which actively solicits feedback from customers.

Please contact us if you have any complaints about our services.

Disputes Resolution Manager:
Thunder Insurance Pty Ltd
Suite 13, Level 4, 150 Albert Rd
South MelbourneVIC 3205 

Ph: 0412 949 892
Email: enquiries@thunderinsurance.com.au


Dispute Resolution

Thunder Insurance will do everything possible to provide a quality service to You. If You have any concern or complaint Thunder Insurance staff are always available to listen to You and to help where they can. If, after talking to a staff member, You wish to take the matter further, Thunder Insurance has a Complaints and Dispute Resolution Procedure which undertakes to provide an answer to You within fifteen (15) working days.

Please contact the Disputes Resolution Manager see contact details above. 


australian financial complaints Authority (AFCA)

If you are still not happy with any decision and it relates to a claim, You may take Your complaint to the Australian Financial Complaints Authority (AFCA), an independent and external dispute resolution body. Access to the AFCA process is free of charge to You. Please contact Thunder Insurance if You would like further information about AFCA or contact:

Australian Financial Complaints Authority
GPO Box 3, Melbourne VIC 3001

Phone: 1300 931 678
Email: info@afca.org.au
Web: www.afca.org.au

Financial Services Guide

Purpose

This Financial Services Guide (FSG) sets out the services that we offer you. It is designed to assist you in deciding whether to use any of those services and contains important information about:

  • The services we offer

  • How we and our associates are paid

  • Any potential conflict of interest we may have

  • Professional indemnity insurance arrangements

  • Our internal and external complaints resolution procedures

  • Our Privacy Policy


The Financial Service is provided by:

Thunder Insurance Pty Ltd
ABN: 72623186176
CAR: 1265890
AFS: 327131
Suite 13, Level 4, 150 Albert Rd
South MelbourneVIC 3205 

Ph: 0412 949 892
Email: enquiries@thunderinsurance.com.au


Our financial Services Authority

Our Australian Financial Services licence authorises us to advise and deal in general insurance products to wholesale and/or retail clients.

Date and currency of this FSG

This FSG applies from 1 August 2018 and remains valid unless another FSG is issued to replace it. If we give you a supplementary FSG or other documents relating to our services or any products, they will not replace this FSG however you should read them carefully.


Receiving instructions

We are able to receive your instructions personally, or by any of the contact methods shown above.


Retail Client

The Corporations Act 2001 (The Act) provides Retail Clients with additional protection than other clients. Under The Act, a Retail Client is defined as: Individuals or a manufacturing business employing less than 100 people; and A business employing less than 20 people; and who are purchasing the following types of insurance cover:

  • Motor vehicle

  • Home contents

  • Sickness and accidents

  • Travel

  • Pleasure craft

  • Caravans

  • Personal property

  • Consumer credit 

We do not arrange Life Insurance, Trauma Cover, Income Protection or Superannuation as these products are not covered by our license. It is important that you understand if this definition applies to you or your business, as some of the information and additional protection in this FSG only applies to Retail Clients.


Who We Act For

We act for you as your insurance broker unless we advise you otherwise. Sometimes we may arrange with an insurer to act under a binding arrangement or as their agent. When we do this we will be representing the insurer, and not you. We will tell you at the time when we are acting for the insurer and not for you.


The advice we give

If you are a Retail Client, then typically you will be provided with General Advice. General Advice does not take into account your personal needs and financial circumstances at the time therefore you will need to consider whether this advice suits your requirements prior to acting upon it. On these occasions we will give you a General Advice Warning. If you are a retail client and we agree to give you Personal advice, we will give you a Statement of Advice (SOA). The SOA will contain advice we have given, the basis on which it was given, and details of relationships, associations, remuneration and other interests that may have influenced the advice we have given.

If we arrange an insurance policy for you, or if we recommend you buy a particular insurance policy, we will also give you, or give you access to a Product Disclosure Statement (PDS). The PDS is produced by the insurer, and is designed to give you important information about the policy you are considering purchasing.


Our remuneration

For placing your insurance we usually receive a commission paid by the insurer as a percentage of the premium you pay. This is the standard way insurance brokers are remunerated and depending on the type of insurance our rates of commission typically range from 10% to 30%, before any government fees or charges. On occasions we may also charge a broker service fee, which varies according to the level of services rendered and the commission we receive. This fee will always appear on your invoice. 


Duty of disclosure

In order to make an informed assessment of the risk and calculate the appropriate premium, your insurer needs information about the risk you are asking it to insure. For this reason, before you enter into a contract of insurance, you have a duty under the Insurance Contracts Act 1984 to disclose to your insurer every matter that you know, or could reasonably be expected to know, is relevant to the insurer’s decision whether to accept this risk and, if so, on what terms. The duty also applies when you renew, extend, vary or reinstate a contract of insurance. 

You do not have to disclose anything that: 

  • Reduces the risk to be undertaken by the insurer, 

  • Is common knowledge, 

  • Your insurer knows, or in the ordinary course of business ought to know, or 

  • If the insurer has waived your obligations to disclose. 

If you do not comply with your duty of disclosure, your insurer may be entitled to reduce its liability in respect a claim or may cancel your contract of insurance. If the non disclosure was fraudulent, the insurer may be able to avoid the contract of insurance from its beginning. This would have the effect that you were never insured. 


Cooling Off Period


Retail insurance only

If you decide that you do not need a contract of retail insurance, which has been arranged, on your behalf, you may change your mind during the cooling off period. Most insurers offer a cooling off period of 14 days, although some offer a longer cooling off period. Refer to the Product Disclosure Statement (PDS) for details of the cooling off period applicable to your insurance, and how to cancel your insurance during the cooling off period. You cannot cancel the insurance if you have made, or are entitled to make, a claim under it. 


Cancellation and refunds 

If you decide that you do not need a contract of insurance you may cancel this policy by giving notice in writing. However your right to request a refund of premium ceases after the transit commences. Where the insurer wishes to cancel the policy, they are only permitted to do so in accordance with the Insurance Contract Act 1984.


Other remuneration information 

In addition to the above, we may receive commission from a premium funder if we arrange this service on your behalf. We may also charge you a fee for the service. The commission we receive from the premium funder is usually calculated as a percentage of the total amount funded and the rates are in the range of 0% and 3%. 

Our employees are paid a market salary that may include bonuses based on performance. We and our staff may also receive non-monetary benefits such as sponsorships of conferences and functions, and meals and entertainment. We closely monitor these activities to ensure they do not create a conflict with your interests. 

Where a third party such as a trade association or other business has referred you to us or endorsed our services to you, we may share a part of our remuneration with them or pay an agreed referral rate. We will pay the third party out of our total commission and/or fees and never in addition to these amounts. 


Protection against giving you negligent wrong advice 

We have professional indemnity insurance in place, which covers us, our employees and our distributors for any errors or mistakes relating to the financial services provided. This insurance meets the requirements of the Corporations Act and meets claims relating to an employee or distributor (even after they cease to be an employee or distributor), provided that our insurer is notified of events likely to give rise to a claim and within the relevant policy period. 


Complaints and disputes 

We are committed to providing quality advice to our clients. If you should have any concern or complaints about the service we have provided you, then contact us and tell us about it. If your complaint is not satisfactorily resolved within 7 days, ask to be put in touch with our Complaints Officer at Thunder Insurance Pty Ltd, by phoning 0412 949 892 or put your complaint in writing and send it to us at: 

Complaints Officer

Thunder Insurance Pty Ltd,

Suite 13, Level 4,
150 Albert Rd, South Melbourne, VIC 3205. 

Please mark the envelope “Notice of Complaint”. We will try and resolve your complaint quickly and fairly. Thunder Insurance Pty Ltd is a member of the Australian Financial Complaints Authority (AFCA). If you are still not satisfied with our determination, you have the right to take your complaint to the Financial Ombudsman Service. 

AFCA can be contacted on 1800 931 678. You can write to them at GPO Box 3, Melbourne, Victoria. 3000, or email info@afca.org.au. Their website address is www.afca.org.au 


Privacy 

We collect personal information to ensure we can offer or provide you with products and services most appropriate to your needs, as outlined in this FSG. We value your privacy and have adopted the principles set out in the Privacy Act 1988 as part of our commitment to maintain client confidentiality in the collection, use, disclosure or handling of personal information. For further information about our privacy policy, please refer to our Privacy Policy document.

Terms and Conditions

Notice to the proposed insured: It is a requirement of the insurance Contracts Act 1984 and the Corporations Act 2001 that the following notices 1., 2., 3., 4., 5. and 6. be brought to your attention before you apply for insurance.


1. Disclosure of relevant facts 

Your duty of disclosure 

Before you enter into a contract of general insurance with an Insurer, you have a duty, under the Insurance Contracts Act, 1984 to disclose to the insurer every matter that you know, or could reasonably be expected to know, that is relevant to the insurer’s decision whether to accept the risk of the insurance and, if so, on what terms. You have the same duty to disclose those matters to the insurer before you renew, extend, vary or reinstate a contract of general insurance. Your duty however does not require disclosure of a matter: 

  • that diminishes the risk to be undertaken by the insurer 

  • that is common knowledge 

  • that your insurer knows or in the ordinary course of its business, ought to know 

  • as to which compliance with your duty is waived by the insurer.


Non-disclosure 

If you fail to comply with your duty of disclosure, the insurer may be entitled to reduce its liability under the contract in respect of a claim or may cancel the contract. If your nondisclosure is fraudulent, the insurer may also have the option of avoiding the contract from its beginning. 

Comment: The requirement of full and frank disclosure of anything which may be material to the risk for which you see cover (e.g. claims, whether founded or unfounded), or to the magnitude of the risk, is of the utmost importance with this type of insurance. It is better to err on the side of caution by disclosing anything, which might conceivably influence the insurer’s consideration of your proposal. 


2. Claims made and notified policy 

  • Events that occurred prior to the retroactive date of the policy (if such a date is specified); 

  • claims made after the expiry of the period of cover even though the event giving rise to the claim may have occurred during the period of cover, 

  • claims notified or arising out of facts or circumstances notified (or which ought reasonably to have been notified) under any previous policy, 

  • claims made, threatened or intimated against you prior to the commencement of the period of cover, 

  • facts or circumstances which you first became aware of prior to the period of cover, and which you knew or ought reasonably to have known had the potential to give rise to a claim under this policy, 

  • claims arising out of the circumstances noted on the proposal form for the current period of cover or on any previous proposal form. 

However, where you give notice in writing to the insurer of any facts that might give rise to a claim against you as soon as reasonably practicable after you become aware of those facts but before the expiry of the period of cover, the policy will, subject to the terms and conditions, cover you notwithstanding that a claim is only made after the expiry of the period of the cover. 

Upon expiry of the policy no further claims can be made thereunder and the need to maintain insurance or arrangement of Run-Off cover is essential. You should familiarise yourself with our standard form of policy for this type of cover before submitting this proposal.


3. Broker Acting as Agent of Insurer 

In effecting this contract of insurance the broker will be acting under an authority given to it by the insurer and the broker will be effecting the contract as agent of the insurer and not the insured. 


4. Claims notification 

If you become aware of a claim or of circumstances that could give rise to a claim in the future, you should notify us in writing immediately, so that we can notify your insurer on your behalf. 

If you become aware of a claim or circumstances and you do not notify them during the policy period, you could be left uninsured or facing a reduced payout from your insurer in respect of that claim or any future related claim. 


5. Average provision 

This policy provides that if a payment in excess of the limit of indemnity available under this policy has to be made to dispose of a claim, the insurers liability for costs and expenses incurred with its consent shall be such proportion thereof as the amount of indemnity available under the policy bears to the amount paid to dispose of the claim. Any surplus will be deducted from claim payments. 


6. Subrogation agreements 

Where another person would be liable to compensate you for any loss or damage otherwise covered by the policy, but you have agreed with that person either before or after the loss or damage occurred that you would not seek to recover any monies from that person, the insurer will not cover you under the policy for any such loss or damage.

 
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