WHO ARE WE
In these terms of business, 'we', 'us' and 'our' refers to GJIS (Europe) Limited.
CENTRAL BANK IRELAND
GJIS (Europe) Limited is authorised and regulated by the Central Bank of Ireland under reference number C419110.
Our permitted business is advising, arranging, dealing as agent and assisting in the administration and performance of general insurance contracts.
The firm is subject to the Central Bank’s Code of Conduct as per the Consumer Protection Code, the Minimum Competency Code and Fitness and Probity standards for regulated entities. These Codes can be found on the Central Bank’s website www.centralbank.ie. We are listed on the Central Bank of Ireland Insurance Distribution Register which can be found on the central Bank of Ireland’s website http://registers.centralbank.ie
Our role is to advise you and make a suitable recommendation after we have assessed your needs, to arrange insurance as agreed, and to represent your interests to insurers in the event of a claim as described below. If we arrange insurance for you but do not offer advice, we shall confirm the position to you in writing.
We select insurance products from a range of insurers, which may vary according to the type of insurance contract. You can ask us for a list of insurers used for any particular type. For certain types we only deal with a single insurer and will advise you of this when offering a quotation.
On occasions we recommend certain products that are branded in the name of GJIS (Europe) Limited. Each of these products is specially negotiated with a particular insurer. These and some other products will be placed by us utilising binding authorities. In these circumstances we may be responsible for policy issue and some aspects of administration and claim settlement, in accordance with procedures and limits set by insurers and subject to their rigorous audit and control. When recommending these products we will continue to place your interests above all other considerations, but if that is not possible we will advise you of the conflict of interest.
We will not in any circumstances act as an insurer, nor guarantee or warrant the solvency of any insurer. A liability for the premium, whether in full or pro rata, may arise under policies where a participating insurer becomes insolvent.
Before your insurance arrangements are concluded or you become liable to pay a premium (whichever is earlier), you will receive a quotation, which will tell you the total premium to be paid, and any fees, local taxes or other charges will be detailed separately. Full payment of premium, taxes and fees or other charges is due before cover commences, or as otherwise stated under terms of credit, or in the debit note, invoice or statement sent to you.
We will also give you a statement of demands and needs setting out our understanding of your demands and needs for the insurance policy. If we have not personally recommended the policy, a statement of demands and needs may instead be set out in the standard policy documentation or quotation letter.
Quotations may be valid for a specified period and may be subject to requests for additional information as required by insurers, for example, a satisfactory proposal form. Consequently, quotations may be subject to change in respect of the amount of premium indicated and/or the terms and conditions that are applied.
CLAIMS HANDLING ARRANGEMENTS
You must advise us immediately of all incidents, accidents or omissions, which may result in a claim against your insurance policy. You must do this whether or not you believe there is a liability on your part to other parties. Any correspondence received by you concerning liability or potential liability to others must be passed to us immediately without acknowledgement.
Providing prompt information on incidents or accidents means that your insurers can take any steps that are necessary to protect your interests; failure to do so may cause problems when handling your claim. Your insurance document gives details of whom to contact in the event of a claim.
You will be required to provide us with full details of your claim and we are likely to ask you to complete a claim form to pass to the insurer. We will employ due care and skill if we act on your behalf in respect of any claims.
If our claims department acts on behalf of the insurer in negotiating settlement of your claim, we will inform you of that when you notify us of the claim. In such circumstances other persons from within our organisation will continue to act on your behalf. Full details of these arrangements will be provided in the event of a claim occurring.
COMPLAINTS AND COMPENSATION
We are dedicated to providing you with a high level of service at all times, but if you are not satisfied, please contact any of our staff. In the event that you remain dissatisfied and wish to make a complaint, you should contact:
Mr M Burke, CEO, GJIS (Europe) Limited, 30 Allen Park Drive, Stillorgan,
Co Dublin. Tel: 01 288 4961
The Investor Compensation Act, 1998 provides for the establishment of a compensation scheme and the payment, in certain circumstances, of compensation to certain clients (known as eligible investors) of authorised investment firms, as defined in that Act.
The Investor Compensation Company Ltd. (ICCL) was established under the 1998 Act to operate such a compensation scheme and our firm is a member of this scheme.
Compensation may be payable where money or investment instruments owed or belonging to clients and held, administered or managed by the firm cannot be returned to those clients for the time being and where there is no reasonably foreseeable opportunity of the firm being able to do so.
A right to compensation will arise only:
• If the client is an eligible investor as defined in the Act; and
• If it transpires that the firm is not able to return client money or investment instruments owned or belonging to
the clients of the firm; and
• To the extent that the client’s loss is recognised for the purposes of the Act.
• Where an entitlement to compensation is established, the compensation payable will be the lesser of 90% of
the amount of the client’s loss which is recognised for the purposes of the Investor Compensation Act, 1998;
or Compensation of up to €20,000.
For further information, contact the Investor Compensation Company Ltd. at (01) 224 4955
PAYMENT OF PREMIUMS
Payment for insurances is due immediately on presentation of an invoice, unless otherwise agreed in writing by a director of GJIS (Europe) Ltd. We will accept payment of premiums by cheque, or you may be able to spread your payments through an insurer's instalment service or by using a credit scheme that we operate or that we may introduce you to through a finance provider.
We will give you information about your payment options when we provide an insurance quotation. For any mid-term alteration to an existing policy immediate payment is required upon receipt of our invoice unless otherwise agreed.
If payment is not received in accordance with our stated terms we will take whatever steps we see fit in order to mitigate our position, which may include additional late payment surcharges and/or cancellation of your policy/policies. This could mean a part or all of any insurance claim would not be paid.
We normally receive commission from insurers or product providers and/or premium finance arrangements, but do not make any additional charge for handling your insurances. Any quotation you receive will tell you the total price to be paid. Any taxes and charges will be shown separately from the premium before your insurance arrangements are concluded.
In addition to commission received in respect of payments made by you, we may receive remuneration by way of administrative fees or commissions for services provided to insurers. We do not accept any commissions or fees from any security services we may introduce you to.
HANDLING CLIENT AND/OR INSURER MONEY
We hold money collected from you for onward transmission to the insurer, and return premiums/credits/claim payments from insurers, in a Client Premium Account which is a bank account solely for clients monies. Such money is either client money held on your behalf, or insurers' money held on behalf of insurers in accordance with a written agency agreement.
The aim of the Client Premium Account is to protect you in the event of the failure of GJIS (Europe) Ltd, or the failure of the bank or third party at which the money may be held. In such circumstances, our general creditors should not be able to make claims on client money as the money does not form part of our assets. Under a Client Premium Account we are entitled to and may use client money held on behalf of one client to pay another client's premium before the premium is received from that other client, and to pay claims and premium refunds to another client before we receive payment from the insurer. However, we are not entitled to withdraw commission in respect of your policies before we receive your premium. For the purpose of some transactions, client money may pass through other authorised intermediaries before it is received by the insurance undertaking.
Except for premium payments held for insurers under risk transfer agreements (see below), we will treat any money which we receive from you or hold for you in the course of or in connection with the services we provide under these Terms of Business as Client Money. We shall cease to treat money as Client Money, if it is paid:
- to an insurer in respect of premiums due under a contract of insurance
- to us in respect of fees, charges or expenses due;
- to you, your duly authorised respective or your bank account; or
- to a third party on your instructions.
PREMIUMS HELD FOR INSURERS (RISK TRANSFER)
We have agreed with certain insurers to collect and hold premiums from you as agents of the insurers. Therefore, once we have collected premiums from you, under the terms of our agreements with insurers those premiums are treated as being paid to the insurer. Money held by us in this way will be treated as belonging to the insurer; it will not be client money. We will remit the premiums to insurers, after deduction of any commission due to us, in accordance with the terms of our agreements with insurers.
Interest will not be paid to clients in respect of money held in client bank accounts.
RENEWAL OF YOUR POLICY
In good time before the expiry of your policy, we shall endeavour to contact you regarding the renewal of your policy and to advise you of the renewal premium and terms for the coming year identifying any changes. When we send the renewal terms to you we will explain how you can renew your insurance contract and how the premiums can be paid. If you do not wish to renew the policy, please let us know as soon as possible. If you pay by instalments, you should also cancel your direct debiting instruction with your bank prior to the renewal date.
CANCELLATION OF INSURANCES
You must make any request for the cancellation of a policy in writing. Any relevant certificate must be returned to us. The terms of your policy may allow insurers to retain the premium in full, retain a minimum premium or charge short-period or pro rata premiums in the event of cancellation. Please see your summary of cover or policy documentation. For the avoidance of doubt, once our remuneration has been earned, in the event of mid-term cancellation, our fees, brokerage or commission will not normally be returned.
CONFLICTS OF INTEREST
Occasions can arise where we or one of our product providers will have a potential conflict of interest with business being transacted for you. If this happens and we become aware that a potential conflict exists, we will write to you to detail the steps we will take to ensure fair treatment and obtain your consent before we carry out your instructions.
TERMINATION OF AUTHORITY
You may terminate our authority to act on your behalf with 14 days notice, or as otherwise agreed, without penalty. Notice of this termination must be given in writing and will take effect from the date of receipt. Termination is without prejudice to any transactions already initiated which will be completed according to these terms of business unless otherwise agreed in writing. You will be liable to pay for any transactions or adjustments effective prior to termination and we will be entitled to retain any and all brokerage payable in relation to policies placed by us prior to the date of termination.
You have a duty and general requirement to disclose facts ‘that are material to the prudent insurer’ AND in particular you must be sure that the information stated herein is a Fair Presentation of Risk.
The intention is that YOU and US disclose all relevant information before the insurance contract or any change in cover commences. All parties are encouraged to make sure it is clear as to what information the insurance contract will be based on taking into account the following criteria:
- Disclosure of every material circumstance which YOU know or should know or which provided the Insurer with sufficient information toallow them to make further enquiries to reveal those material circumstances.
- Disclosure must be reasonably clear and accessible to the underwriter
- That every material presentation is substantially correct and made in good faith
All information provided to the insurer at the time the contract is entered into, will form the basis of the risk presentation, when considering
Whether it was fair. This relates to any initial presentation and any subsequent information provided e.g., in response to additional question by Underwriter.
Failing to disclose any information material to the insurance could affect settlement of any claim. You should check all details on any proposal form or Statement of Facts and pay particular attention to any declaration you may be asked to sign. You should read all insurance documents issued to you and ensure that you are aware of the cover, limits and other terms that apply. Particular attention should be paid to any conditions that apply as failure to comply with them could impact upon any claim you make.
You should take note of the required procedures in the event of a claim, which will be stated in the policy documentation. Generally, insurers require immediate notification of a claim or circumstances that might lead to a claim.
You should inform us immediately of any changes that may affect the services provided by us or the cover provided by your policy. If you are unsure about any matter, please contact us for guidance.
DATA PROTECTION NOTICE
All client information is treated by us as confidential and is processed in accordance with the relevant legislation. We will not use or disclose information about you without your consent, other than in the normal course of arranging and administering your insurances, except where we are compelled by law (including by regulators or law enforcement agencies) to disclose such information. In such instances information held by us may be disclosed on a confidential basis, and in accordance with the Data Protection Act 1998, to such third parties.
We respect your trust in us to use, store and share your information. In this notice, we explain how we collect personal information about you, how we use it and how you can interact with us about it.
We try to keep this notice as simple as possible but if you are unfamiliar with our terms, or want more detail on any of the information here, please refer and go to www.gjis.ie to view and read the full terms of Business. You may also contact us directly for more details, as required.
(a) Data Protection Officer
The Directors of GJIS (Europe) Ltd oversee how we collect, use, share and protect your information to ensure your rights are fulfilled.
You can contact us about this subject by email: email@example.com or write to us at GJIS (Europe) Limited, 30 Allen Park Drive, Stillorgan, Co Dublin..
(b) How we collect information about you
We collect personal information from you, for example when you request a quotation or ask us to arrange an insurance for you, use our services, use your credit or debit card; complete transactions or claims payments; or look to us for advice. We may also collect information through our website, apps, social media, discussion forums, market research, risk assessment surveys, photos or CCTV footage of your premises. We may record phone conversations and we will always let you know when we do this.
Our website uses 'cookie’ technology. A cookie is a little piece of text that our server places on your device when you visit our website.
They help us make the site work better for you.
When you apply to us for insurance products and services, and during the time these remain in force, we may carry out information searches and verify your identity. We do this by sending and receiving information about you to and from third parties including credit reference agencies and fraud prevention agencies.
(c ) How we keep your information safe
We protect your information with security measures under the laws that apply and we meet international standards .We keep our computers, files and buildings secure.
When you contact us to ask about your information, if necessary, we may ask you to identify yourself. This is to help protect your Information.
(d) How long we keep your information
To meet our legal and regulatory obligations we hold your information while you are a Policyholder and for a period of time after that. We do not hold it for longer than necessary.
(e) Meeting our legal and regulatory obligations
To use your information lawfully, we rely on one or more of the following legal bases:
- performance of a contract;
- legal obligation;
- protecting the vital interests of you or others;
- public interest;
- ·our legitimate interests; and
- your consent.
To meet our regulatory and legal obligations, we collect some of your personal information, verify it, keep it up to date through regular checks, and delete it once we no longer have to keep it. We may also gather information about you from third parties to help us meet our obligations. If you do not provide the information we need, or help us keep it up to date, we may not be able to provide you with our products and services.
Sometimes we need your consent to use your personal information. With direct marketing for example, we need your consent to make you aware of products and services, which may be of interest to you. We may do this by phone, post, email, text or through other digital media.
You can decide how much direct marketing you want to accept when you apply for new products and services. If we ever contact you to get your feedback on ways to improve our products and services, you have the choice to opt out.
When we use sensitive personal information about you, such as medical or biometric data. We ask for your consent.
Before you give your consent, we tell you what information we collect and what we use it for. You can remove your consent at any time by contacting us.
(g) How we use your information
We use information about you to:
- provide relevant products and services;
- identify ways to improve our products
- protect both our interests;
- meet our legal and regulatory obligations;
and decide and recommend how our products and services might be suitable for you.
To provide our products and services under the terms and conditions we agree between us, we need to collect and use personal information about you. If you do not provide this personal Information we may not be able to provide you with our products and services.
We may analyse information that we collect on you but this will only be used and shared to enable us to improve our product and service.
Examples of how we use this information Includes helping protect you and others from financial crime, offering you products and services and personalizing your experience.
If we were to report trends to a third party any reports we prepare will Group the information so that all names are removed.
We do not share information in these reports that can identify you as a customer. Such as your name, or account details.
We sometimes use technology to help us make decisions automatically. For example, when you apply for an insurance online.
Before we make a decision we automatically score the information you give us, any information we already hold about you, and any
information we may get from other sources.
(h) Your information and third parties
Sometimes we share your information with third parties. For example to:
- enable us to provide products, services and information;
- analyse information;
- research your experiences dealing with us;
- collect debts;
- sell your debts;
- sell whole or part of our business;
- prevent financial crime;
- help trace, investigate and recover funds on your behalf;
- trace information; and protect both our interests
In order to process your application we may supply your personal information to credit reference agencies (CRAs) and they will give us information about you such as about your financial history. We do this to assess creditworthiness and product suitability, check your identity, manage your account, trace and recover debts and prevent criminal activity.
We may also continue to exchange information about you with CRAs on an ongoing basis, including about your settled accounts and any debts not fully repaid on time. CRAs will share your information with other organisations.
Your data may also be linked to the data of your spouse, any joint applicants or other financial associates.
The personal information we have collected from you will be shared with fraud prevention agencies who will use it to prevent fraud and money - laundering and to verify your identity. If fraud is detected, you could be refused certain services, finance or employment.
Further details of the CRA's and fraud prevention agencies, and how they process your information can be ascertained by
contacting our offices.
We expect these third parties to have the same levels of information protection that we have.
We also have to share information with third parties to meet any applicable law, regulation or lawful request. When we believe we have been given false or misleading information, or we suspect criminal activity we must record this and tell law enforcement agencies, which may be either in or outside the UK.
(i) International transfer of data
We may transfer your personal information outside of the European Economic Area (EEA) to help us provide your products and services. We expect the same standard of data protection is applied outside of the EEA to these transfers and the use of the information, to ensure your rights are protected.
(j) Your personal information rights
You can exercise your rights by contacting us by writing to us or contacting us by phone.
Further information and our contact details are available on our websites at www.gjis.ie. Please see our Privacy Notice
We can help you with:
Accessing your personal information: You can ask us for a copy of the personal information we hold. You can ask us about how we collect, share and use your personal information.
Updating and correcting your personal details: Removing consent: You can change your mind wherever you give us your consent, such as for direct marketing, or using your sensitive information, such as medical or biometric data.
Restricting and objecting: You may have the right to restrict or object to us using your personal information or using automated decision-making.
Deleting your information (your right to be forgotten): You may ask us to delete your personal information.
Moving your information (your right to Portability): Where possible we can share a digital copy of your information directly with you or another organisation.
When you contact us to ask about your information, we may ask you to identify yourself. This is to help protect your information.
We generally do not charge you when you contact us to ask about your information.
(k) Making a complaint
If you have a complaint about the use of your personal information, please let a member of staff know, giving them the opportunity to put things right as quickly as possible.
If you wish to make a complaint you may do so in person, by telephone, in writing and by email. Please be assured that all complaints received will be fully investigated. You can register a complaint by writing to us or by phone or in person at our offices. We ask that you supply as much information as possible to help us resolve your complaint quickly. You can also contact the Information Commissioner's Office at www.ico.org.uk
ACCESS TO YOUR RECORDS BY INSURERS
Under the terms of the majority of insurers’ agency agreements, we may be obliged to provide insurers with access to records and/or documents we maintain and hold on your behalf. You acknowledge this situation and consent to the provision of such information to Insurers where they have a contractual right to it unless you advise us to the contrary by writing to us at the above address.
MONEY LAUNDERING/PROCEEDS OF CRIME ACT
Money laundering regulations require us to obtain evidence of the identity of clients for whom we act at the start of a business relationship. This might, for example, be sight of a current signed passport and two utility bills. For companies (other than listed ones) evidence of identity will usually comprise of certificate of incorporation, a list of directors, a list of shareholders and the registered address.
We are obliged to report any evidence or suspicion of money laundering at the first opportunity and we are prohibited from disclosing any such report.
Claims payment will be made in favour of you. If you require a payment to be made to a third party then you must confirm the required payee name and details and provide a brief explanation for your request.
LAW APPLICABLE TO THIS AGREEMENT
Unless specifically agreed to the contrary, this agreement shall be subject to the laws of the Republic of Ireland..
YOUR ACCEPTANCE OF THESE TERMS OF BUSINESS
By instructing us to place insurance on your behalf you give your informed consent for these Terms of Business. If there are any matters which you do not understand, or do not accept, you should discuss them with us before proceeding.
GJIS (Europe) Limited
30 Allen Park Drive, Stillorgan,