Legal Notices

Financial Services Guide (FSG)

Financial services in Australia are provided by our subsidiary, Avatar Brokers Pty Limited (Avatar Brokers). Avatar Brokers holds an Australian Financial Services Licence – No. 453267.

The Avatar Brokers Financial Services Guide will help you decide whether to use the financial services Avatar Brokers provides.

It details:

  • the products and services we can offer you;
  • how we are remunerated;
  • and our internal and external complaints handling procedures should you need them.

You can download an electronic version of our current Financial Services Guide by clicking below.

Please contact us if you would like to be sent a hard copy version.

Important Notices

Before you instruct us to arrange your insurance, please read these Important Notices which:

  • outlines your rights and obligations in relation to entering into, and ongoing maintenance, of contracts of general insurance.
  • provide details of whom to contact should you have problems with any of our services
  • detail how we manage your personal and private information

If you have any questions, or you need to make a declaration, please contact your broker.

You can download an electronic version of our current Important Notices by clicking below.

Please contact us if you would like to be sent a hard copy version.

How We Handle Disputes

Clients not satisfied with our services should contact our Complaints Officer by phone or mail:

phone: +61 2 8377 9150

mail: Complaints Officer
Avatar Brokers Pty Limited
GPO Box 564
SYDNEY NSW 2000

We will acknowledge your complaint within 5 business days of receipt and advise you of the person dealing with it.

Australian Financial Complaints Authority

We are members of the Australian Financial Complaints Authority (AFCA), a free consumer service. If you are unhappy with our response to your complaint you have the right to refer the complaint to AFCA. AFCA can be contacted as follows:

Privacy

We are committed to protecting your privacy and confidentiality in accordance with the Privacy Act 1988 (Cth) including the Privacy Amendment (Enhancing Privacy Protection) Act 2012 and it is one of our prime concerns that any personal or sensitive information you provide to us is not used for any other purpose than that intended and expected by you. This Privacy Policy describes our current policies and practices in relation to the handling and use of personal information.

 

What information do we collect, hold and how do we use it?

We will collect personal information for primary purposes, which are relevant to providing and administrating our financial products and services.

To enable us to provide advice on and arrange financial services, we collect the information needed by ourselves to ensure appropriate advice to you and information required by product suppliers. We will usually provide some or all of this information to our product suppliers. Some of these companies may be located outside Australia.

When a claim is made under an insurance policy, to enable us to assist in the claim process, we and our representatives and those of the insurer (including loss adjusters, investigators, medical advisers and lawyers) collect information about the claim, some of which may be personal information. We may collect the information from you or from third parties.

We provide this information to the insurer and or their agents and those appointed to assist you in making a claim. Again this information may be passed on to your underwriters and reinsurers. We may use your personal information internally to help us improve our services and help resolve any problems.

WHAT IF YOU DON’T PROVIDE SOME INFORMATION TO US?

We can only apply for and arrange financial service products if we have all relevant information. The insurance laws also require insured’s to provide all the information required by the end insurer to help them decide whether to insure you and on what terms. Credit Providers also require specific information to help them assess any credit applications that we may facilitate on your behalf.

HOW DO WE HOLD AND PROTECT YOUR INFORMATION?

We hold the information we collect from you in our computer system and in our hard copy files. We ensure that your information is safe by following the usual security procedures expected by our clients.

WILL WE DISCLOSE THE INFORMATION WE COLLECT TO ANYONE?

We may disclose information to:

  • Financial institutions, other Australian Financial Service Licensees, Insurers, underwriters, underwriting agencies, wholesale brokers and reinsurers (for the purpose of seeking recovery from them or to assist them to assess insurance risks)
  • Premium funders / Credit providers for the purposes of gaining quotations on and arranging funding of your insurance premiums / financial investments.
  • An investigator, assessor, State or Federal Health Authorities, lawyers, accountants, medical practitioners, hospitals or other professional advisors (for the purposes of investigating or assessing your claim)
  • A lawyer or recovery agent (for the purpose of defending an action by a third party against you or for the purpose of recovery costs including your excess)
  • Contractors who supply services to us, e.g. to handle mailings on our behalf.
  • An immediate family member
  • Other companies in the event of a corporate sale, merger, reorganisation, dissolution or similar event

However, we will do our best to ensure that they protect the information in the same way that we do. We may provide this information to others if we are required to do so by law or under some unusual other circumstances which the Privacy Act permits. We do not sell, trade, or rent personal information to others.

HOW CAN YOU ACCESS, CHECK, UPDATE OR CHANGE YOUR INFORMATION?

Upon receipt of your written request from you and enough information to allow us to identify the information, we will disclose to you the personal information we hold about you. We will also correct, amend or delete any personal information that we agree is inaccurate. If you wish to access or correct your personal information please write to the Privacy Officer, C/- our office.
We do not charge for receiving a request for access to personal information or for complying with a correction request. We do however reserve the right to charge you for all reasonable costs and outgoings specifically incurred in meeting your request for information.

YOUR CONSENT

By asking us to provide you with our financial services, you consent to the collection and use of the information you have provided to us for the purposes described above.

COMPLAINTS ABOUT PRIVACY

Should you have a complaint regarding a breach of privacy please contact our Complaints Officer who will handle the matter in accordance with our formal complaints handling procedures.
Your complaint can be lodged over the phone, via mail or email or you may wish to make an appointment with our Complaints Officer at a convenient time and location. We will do all that is reasonable in the circumstances to address your complaint.

INFORMATION SENT OVERSEAS

In certain situations it is likely that that some or all of the Personal Information that you provide to us may be disclosed to businesses that operate overseas. This would only occur where the product provider / intermediary is based overseas – e.g. Lloyds of London syndicates or brokers and other overseas based insurers and intermediaries or in situations where we utilise “Cloud Computing” services that are situated outside Australia.

In all such cases, unless we expressly inform you and obtain your consent to the contrary, we commit to making reasonable enquiries to ensure that these organisations comply with their local privacy legislation where such legislation is comparable to the Australian legislation and to comply with the key components of Australian Privacy legislation in cases where their local legislation is considered inadequate or non-existent.

Website Privacy Issues

Anonymous Data

We use technology to collect anonymous information about the use of our website, for example when you browse our website our service provider may log your server address, the date and time of your visit, the pages and links accessed and the type of browser used. It does not identify you personally and we only use this information for statistical purposes and to improve the content and functionality of our website, to better understand our clients and markets and to improve our services.

Cookies

In order to collect this anonymous data we may use “cookies”. Cookies are small pieces of information which are sent to your browser and stored on your computer’s hard drive. Sometimes they identify users where the website requires information to be retained from one page to the next. This is purely to increase the functionality of the site. Cookies by themselves cannot be used to discover the identity of the user. Cookies do not damage your computer and you can set your browser to notify you when you receive a cookie so that you can decide if you want to accept it. Once you leave the site, the cookie is destroyed and no personal or other information about you is stored.

Forms

Our Website may allow visitors to submit information via Self-Service forms (Quotes, Claim Forms, Employment and Contact request). The information submitted via the Forms may not be encrypted. Should you be concerned about the confidentiality of any information provided by any Self Service forms please do not hesitate to lodge this information with us via phone or email.

We may also use your contact information that you supply on this website to send you requested product information and promotional material and to enable us to manage your ongoing requirements, e.g. renewals, and our relationship with you, e.g. invoicing, client surveys etc.

We may also notify you via direct marketing about new services and special offers, events or articles we think will be of interest to you. We may send you regular updates by email or by post on insurance matters. If you would rather not receive this information or do not wish to receive it electronically, email or write to us.

We may also use your information internally to help us improve our services and help resolve any problems.

General Data Protection Regulation (GDPR) for the European Union (EU)

We will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use. We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR. We must establish a lawful basis for processing your personal information.  The legal basis for which we collect your personal information depends on the data that we collect and how we use it. We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purposes.  We will keep your data safe and secure.

We will also process your Personal Information if it is necessary for our legitimate interests, or to fulfill a contractual or legal obligation. We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law. We do not collect or process any personal information from you that is considered “Sensitive Personal Information” relating to your sexual orientation or ethnic origin unless we have your explicit consent, or if it is being collected subject to and in accordance with the GDPR. You must not provide us with your personal information if you are under the age of sixteen without the consent of your parent or someone who has parental authority for you.  We do not knowingly collect or process the personal information of children.

YOUR RIGHTS UNDER THE GDPR

If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used.  We comply with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU.

Except as otherwise provided in the GDPR, you have the following rights:

  • To be informed how your personal information is being used;
  • Access your personal information (we will provide you a free copy of it);
  • To correct your personal information if it is inaccurate or incomplete;
  • To delete your personal information (also known as the “right to be forgotten”);
  • To restrict processing of your personal information;
  • To retain and reuse your personal information for your own purposes.
  • To object to your personal information being used; and
  • To object against automated decision making and profiling

Please contact our Complaints Officer at any time to exercise your rights under the GDPR.  We may ask you to verify your identity before acting on your requests.

DISCLAIMER

Although we intend to observe this policy at all times, you should note that the Privacy Act does not apply to small businesses.  It only applies to businesses with an annual turnover of $3M or more per annum. Therefore should we be in a position where the Privacy Act does not legally apply to us we may decide it is necessary or desirable to act outside this Policy.  We may do so, subject only to any legal obligations we have to you or under any law, including the Privacy Act.

Website Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.avatarbrokers.com’s relationship with you in relation to your use of this website. By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.avatarbrokers.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.avatarbrokers.com’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that www.avatarbrokers.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

LINKS TO OTHER WEBSITES

www.avatarbrokers.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.avatarbrokers.com and the owners of those websites. www.avatarbrokers.com takes no responsibility for any of the content found on the linked websites. www.avatarbrokers.com’s website may contain information or advertisements provided by third parties for which www.avatarbrokers.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, www.avatarbrokers.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.avatarbrokers.com gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of www.avatarbrokers.com to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At www.avatarbrokers.com, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. www.avatarbrokers.com respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully. You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. www.avatarbrokers.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data www.avatarbrokers.com collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

www.avatarbrokers.com does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION

www.avatarbrokers.com may be required, in certain circumstances, to disclose information in good faith and where www.avatarbrokers.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.avatarbrokers.com. www.avatarbrokers.com expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.avatarbrokers.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. www.avatarbrokers.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website. www.avatarbrokers.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and www.avatarbrokers.com concerning your use and access to www.avatarbrokers.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

RETAIL CLIENTS IMPORTANT: This site is not personal advice and contains information which is indicative only. The information on this website is subject to change on a regular basis and may not be up-to-date. In addition, some products and services may not be appropriate for your individual situation and needs. We recommend you contact us or another licensed insurance broker to ensure your circumstances are taken into consideration.

JURISDICTION

This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and www.avatarbrokers.com that results in litigation then you must submit to the jurisdiction of the courts of Victoria.