esure broker Terms of Business
esure broker limited is registered in England and Wales No. 07464424 at The Observatory, Reigate. Surrey, RH2 0SG. (“we” ”us” “our”)
Who regulates us?
esure broker Limited is an appointed representative of esure Services Limited who are registered in England and Wales number 2135610 at The Observatory, Reigate. Surrey, RH2 0SG and authorised and regulated by the Financial Conduct Authority (FCA) register number 312063.
Esure Services Limited wholly owns esure broker Limited. Both Companies ultimate parent is esure Group PLC.
Our permitted business is dealing in and arranging general insurance (non-investment) contracts. You can check this on the Financial Services register by visiting the FCA’s website www.fca.org.uk or by contacting the FCA on 0800 111 6768.
Products we offer
We offer products from a range of insurers for private car insurance.
We offer Breakdown Assistance Cover from RAC.
We offer Motoring Legal Protection, Personal Injury Cover and Car Hire Cover from esure Insurance Limited.
Service we offer
You will not receive advice or a recommendation from us. We may ask some questions to narrow down the selection of products that we will provide details on. You will then need to make your own choice about how to proceed.
We act as your agent unless otherwise specified in these Terms of Business.
Our fees and charges - are in addition to any charges made by the insurer(s) you have chosen or our third party credit provider.
When we sell a Motor Policy or an optional extra such as Motor Legal Protection, Car Hire Cover, Personal Injury Cover or Breakdown cover we keep a set proportion of the premium and return the rest to the insurer.
In addition, for Telematics Policies we also retain a set amount in commission to cover the telematics box and its service contract.
In addition to a commission we earn on each policy sold, the following charges apply:
We charge £30.25 for any adjustment to your policy.
We charge £30.00 for cancelling your main policy within the 14 day cooling off period.
We do not apply an additional charge to cancel any additional policies within the 14 day cooling off period.
We charge £65.00 for cancelling your main policy outside the 14 day cooling of period.
No refund is given on the additional policies cancelled outside the 14 day cooling of period, except Breakdown Assistance Cover, where a pro-rata refund is given and our mid-term adjustment charge is applied.
Our charges and terms are in addition to any set by your insurer from our panel or the third party credit provider.
How to report a claim
In the first instance call our claims number 0345 603 0390. It is essential that we or your insurer are notified immediately of any claims, or circumstances which could give rise to a claim. When you notify us, you must take reasonable care to answer all questions we ask you honestly and accurately. The management, determination and settlement of any claim will be the responsibility of the insurer. You will need to provide your insurer with full details of the incident as esure broker is not authorised to act on your behalf.
How to amend your policy
You can amend your policy online or by calling 0345 603 0380.
Cancelling your policy
If you buy any general insurance product through us, you will be entitled to a cooling off period of 14 days from the date you receive your policy information to ensure the product meets your needs. If you do not wish to continue, you may cancel your cover within this period and any premium refund will be subject to our and your insurer’s charges.
If a claim has been made, there will be no refund of premium and if you paid for your insurance by instalments, you must pay the outstanding balance in full.
If you decide to cancel your policy at any time after the cooling off period, any refund of premium will be subject to our and the insurers charges. If a claim(s) has been made against your policy, there will be no refund of premium following cancellation. If you pay by instalments, you must continue with your monthly payments or pay the outstanding balance in full.
You can cancel your policy by calling 0345 603 0380.
We have the right to cancel your policy at any time by giving you seven days' notice in writing where there is a valid reason for doing so. We will send our cancellation letter to the latest address we have for you and will set out the reason for cancellation in our letter. Valid reasons may include but are not limited to:
- Where we have been unable to collect a premium payment. We will write to you to notify you that payment has not been received and giving you 7 days notice of cancellation. If payment is not received by that date we will cancel your Policy with immediate effect and notify you in writing that such cancellation has taken place;
- Where we do not receive requested documentation following our written requests, within 21 days from the start date of the policy;
- Where we reasonably suspect fraud; or
- Use of threatening or abusive behaviour or language, or intimidation or bullying of our staff or suppliers.
If we do cancel your policy, we will refund the part of your premium you have not yet used less the underwriter’s cancellation fee and our cancellation fee. This will cover our costs in providing your policy.
If we cancel your motor insurance at any time, we will automatically cancel any cover provided by the additional services and benefits you chose with your main policy cover.
If we cancel your policy because we have been unable to collect the premium by direct debit instalments, we will charge the cancellation fee to take account of our costs in providing your policy and for recovering any premium owed to us for the period of cover. The fees are detailed above.
Renewing your policy
We will invite your renewal in good time prior to the renewal date, supplying you with the relevant information for your consideration to allow you to make an informed decision. If you have paid your annual policy using our third party credit provider by direct debit we will include instalment amounts and will automatically renew the policy for you. You will receive separate notification of your instalment amounts and the dates due. If you have given us continuous credit card authority, the renewal invitation will serve as notice that the agreed card will be debited on or around the renewal date and, subject to the payment clearing, the policy will be renewed. If you do not wish to renew the policy automatically please contact us on 0345 603 7063.
Paying for your policy
If you have chosen to pay for all or part of your policy using a credit or debit card and have given us your permission, we will use the card for future payments and to collect payment arrears where applicable. We will only debit the card if we have given you prior notice or with your consent.
Should there be an outstanding balance on your policy, we will attempt to recover this from you. If we are unable to recover the debt we will pass this to a debt recovery agency. Should this action be required, all associated costs and charges will be passed onto you.
Protecting your money
Prior to your premium being paid to the insurer, and for your protection, we hold your money as an agent of the insurer and your insurance is treated as paid for. Any refund due to you from the insurer may also be held by us as agent for the insurer prior to it being paid to you.
Information about you and changes to your circumstances
You must take reasonable care to ensure that all information you, or anyone acting on your behalf, give us verbally and/or in writing when arranging your cover, making changes to it or making a claim, is true and accurate as failure to provide accurate information could result in a claim being rejected or your policy being cancelled or voided.
You, or anyone acting on your behalf, must also tell us about any changes to your circumstances to ensure that we have the correct information and to ensure you are properly covered. Such changes include, but are not limited to:
- A change of vehicle, address, occupation or use of the vehicle.
- Any drivers you may wish to add to or remove from the policy.
- Any further convictions, including fixed penalties or pending prosecutions.
- Any accidents, claims, losses or damages to any vehicle, whether or not a claim was made and regardless of blame. This includes all types of claims, damages or accidents such as fire, theft or glass damage (windscreen or window).
Any modifications to the vehicle (where the vehicle has been altered from the manufacturer’s specification). This includes changes to the:
- Appearance (cosmetic changes), such as alloy wheels or paint.
- Bodywork, such as body kits or spoilers.
- Suspension or brakes.
- Performance of the vehicle, such as the engine management system or exhaust.
- Audio/entertainment system.
Please note, this list is not exhaustive. If you are in doubt about what you need to tell us, please contact us.
Under the conditions of your policy, you or anyone acting on your behalf must also tell us about any incidents relating to the cover provided such as accidents, fire, theft or losses regardless of whether you decide to make a claim. Information you provide us regarding an incident will be passed to your insurer
For mutual protection, to allow us to continually look at improving our customer service and for training purposes all calls may be recorded including outbound calls made by us to yourself or someone acting on your behalf.
What to do if you have a complaint
We're committed to providing you with a first class service but we recognise that there may be an occasion when you feel we may not have done this and wish to make a complaint.
Please call us on 0345 603 0380 and we will try to resolve your complaint at the earliest possible stage. If this can't be achieved we will guide you through our process. All complaints are managed and monitored by our Customer Relations team.
If you can't settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service, Exchange Tower, London, E14 9SR.
If you have a complaint regarding your insurer and the service they provide, you will find details of the insurers complaints process in the Policy Wording which is provided when you purchase a policy.
Unless we have agreed otherwise English law will apply to this contract. The courts of England and Wales will have exclusive jurisdiction to adjudicate on any issue between us, unless you live in Scotland, in which case the Scottish courts will have exclusive jurisdictions.
esure Holdings Limited owns 100% of esure Insurance Limited and, indirectly, our share capital.
We will provide the Terms and Conditions of this policy, which apply for the duration of the contract and any communications between us and you in English.
If we were unable to meet our obligations you might be entitled to compensation under the Financial Services Compensation Scheme (FSCS). Further information about the Scheme is available from the FSCS at Financial Services Compensation Scheme, 10th Floor, Beaufort House, 15 St Botolph Street, London, EC3A 7QU. Tel 020 7741 4100 or 0800 678 1100 or visit www.fscs.org.uk
This Privacy Notice will help you understand how we collect, use and protect your personal information. You should also show this notice to anyone who may be insured under your policy. If you have any queries about this Privacy Notice or how we process your personal information, please contact the Data Protection Officer by email: email@example.com or by post: Data Protection Officer, esure, The Observatory, Reigate, RH2 0SG.
Who we are: The organisation responsible for the processing of your personal information is esure Broker Limited of The Observatory, Reigate, RH2 0SG. This means that we are a ‘data controller’ under the Data Protection Act 1998 (and, once in force, to the General Data Protection Regulation (also known as the GDPR)). Our registration number with the Information Commissioner’s Office is Z2785162.
What information we collect about you: The personal data you have provided, we have collected from you, or we have received from third parties include:
- name, address and address history, date of birth and gender
- contact details, including telephone numbers and email address
- financial information, including credit/debit card details (although we do not retain complete payment card information)
- details about your family and dependents (e.g. your marital status and number of children)
- information about your lifestyle and living circumstances (e.g. your employment details and home ownership)
- identifiers assigned to your computer or other devices, including your Internet Protocol (IP) address
- criminal convictions, health details and medical history
- vehicle details, such as registration number
- when you contact us through any digital channel we will inform you of the methods used by each of those channels at point of entry and at any point where we capture personal information. The information we collect includes IP addresses and is used for fraud prevention and to improve customer experience.
How we collect information about you: Most of the personal information we hold about you is that which we collect directly from you, for example:
- each time you ask us for an insurance quote
- when you purchase our products or services
- when you register to receive information from us
- when you make enquiries or raise concerns with our customer service team.
In order to understand more about you and provide you with an appropriate insurance quote and cover, we also supplement and combine the personal information that we collect from you with other categories of data obtained from other sources, such as indicated below:
- Credit and claims history data, such as bankruptcy records and any county court judgments made against you (which are publicly accessible) and information as to the number of credit searches that have been made about you and your individual claims history (which we may receive from companies such as Experian Limited)
- Device identification and fraud detection data, which we may receive from companies having passed them your device details (in order to check whether the device you are using to contact us has been used before for fraudulent purposes) or your new claims data (in order to assess the risk to our business of fraudulent claims)
- Data about your local area, including census data about the average household size, employment statistics, and demographics of your area, and police crime and accident statistics (which are publicly accessible)
- Electoral register data that confirms your identity and address (which is publicly accessible)
- Data as to your eligibility for a no claims discount (which we may receive from companies such as Lexis Nexis Solutions UK Limited)
- Claims data, as provided by the insurer underwriting your policy.
What we use your information for and the legal bases for processing: We may store and use your personal information for the purposes of:
- administering your insurance quotes and policies (as is necessary for performance of a contract between you and us and/or as is necessary for our legitimate interests);
- carrying out anti-fraud and anti-money laundering checks and verifying your identity (as is necessary for compliance with our legal obligations and/or as is necessary for our legitimate interests);
- assessing financial risks, including by carrying out credit reference checks and credit scoring assessments, and calculating your premiums (as is necessary for the performance of a contract between you and us and/or as is necessary for our legitimate interests);
- providing you with insurance related services (as is necessary for the performance of a contract between you and us and/or as is necessary for our legitimate interests)
- using your payment details to process payments relating to your policies, including fees, premiums, renewals of cover, mid-term changes to your policy, and refunds (as is necessary for the performance of a contract between you and us and/or as is necessary for our legitimate interests);
- sending you information about how to renew your insurance cover (as is necessary for compliance with our legal obligations);
- communicating with you about your quotes, policies, including responding to your enquiries (as is necessary for the performance of a contract between you and us and/or as is necessary for our legitimate interests);
- administering debt recoveries, where you owe us money under a contract or otherwise (as is necessary for the performance of a contract between you and us and/or as is necessary for our legitimate interests);
- undertaking statistical analysis. This allows us to develop new, or improve existing, products and services (as is necessary for our legitimate interests); and
- fulfilling our obligations owed to a relevant regulator, tax authority or revenue service (as is necessary for compliance with our legal obligations and/or as is necessary for our legitimate interests).
Our "legitimate interests" as referred to above (and below) include our legitimate business purposes and commercial interests in operating our business in a customer-focused, efficient and sustainable manner, in accordance with all applicable legal and regulatory requirements.
Using your data for fraud prevention: Before we provide you with our products and services, we use your personal data to conduct checks for the purposes of preventing fraud and money laundering, and to verify your identity. These checks require us to process personal data about you. We may also share your details with fraud prevention and law enforcement agencies. Please see ‘other data controllers’ for details of the agencies we share your data with. We, and fraud prevention agencies, will use this information to prevent fraud and money laundering, and to verify your identity. We and fraud prevention agencies may also enable law enforcement agencies to access and use your personal data to detect, investigate and prevent crime.
When we and fraud prevention agencies process your personal data, we do so on the basis that we have a legitimate interest to process your data in such way, in order to protect our business and to comply with laws that apply to us. Such processing is also a contractual requirement of the services or financing you have requested.
Automated decisions and profiling: We use the personal data you provide to us, information about you provided by third parties (please see “How we collect information about you” for further details), and aggregated data of other individuals who match your risk profile, to enable us to evaluate and predict your behaviour when asking for a quote or administering your policy.
We use algorithms to check any claims, fraud, credit history, data about your local area and the vehicle you wish to have insured; and whether your conduct accessing our products or services suggests a risk of fraud. You may automatically be considered to pose a fraud or money laundering risk if our processing of your personal data reveals your behaviour to be consistent with that of known fraudsters or money launderers; or inconsistent with your previous submissions; or you appear to have deliberately hidden your true identity. This activity is essential to allow us to decide whether to offer you a quote and whether there is a risk of fraud. These decisions may be made by entirely automated means (that is, without human intervention) and through profiling.
We consider that, to the extent our decisions based solely on automated processing produce legal or similarly significant effects for you, those decisions are necessary for entering into, or performance of, our contract of insurance with you. However, you have the right to contact us to express your point of view (including providing any additional information that you want us to consider) and to contest such decisions. A member of our team will then re-consider it. If you wish to exercise these rights, please contact us by emailing: firstname.lastname@example.org or by post: Data Protection Officer, esure, The Observatory, Reigate, RH2 0SG.
Consequences of processing: If we, or a fraud prevention agency, determine that you pose a risk of fraud or money laundering, we may refuse to provide the products, services and financing you have requested. We may also stop providing existing services to you. A record of any fraud or money laundering risk will be retained by us and the fraud prevention agencies. It may also result in others refusing to provide products, services, financing or employment to you. If you have any questions about our processing of your data for fraud purposes, please contact our Data Protection Officer at the details provided above.
Who we share your data with: Where relevant given the nature of the products and services provided to you, we may also share your information with the following categories of third parties:
- insurance underwriters and others who are involved with the provision of insurance services to you (as is necessary for the performance of a contract between you and us);
- third party data suppliers, as explained under “How we collect information about you” (as is necessary for our legitimate interests);
- third party service providers who support the operation of our business, such as IT suppliers, financial service providers, and debt collection agencies (as is necessary for the performance of a contract between you and us and/or as is necessary for our legitimate interests);
- the operators of claims related databases (as is necessary for the performance of a contract between you and us and/or as is necessary for our legitimate interests).
- fraud prevention agencies and associations, (as is necessary for compliance with our legal obligations and/or as is necessary for our legitimate interests);
- regulators and law enforcement agencies, including the police, the Financial Conduct Authority, HM Revenue and Customs or any other relevant authority who may have jurisdiction (as is necessary for compliance with our legal obligations).
Other data controllers: If you benefit from the following products and services, we will share your personal data with the following companies (as applicable) and these companies may also act as data controllers with respect to the data you provide to us. If you would like to see a copy of their Privacy Notice, please access http://esurebroker.com/legal/privacy_and_security
ICO Registration number
The insurance company underwriting your policy. Please check your insurance documents for details.
Please check your insurance documents for details
RAC Insurance Limited
RAC Motoring Services
Breakdown service providers
UK Insurance Limited
Breakdown and recovery service providers
esure Insurance Limited
Motoring Legal Protection
esure Insurance Limited
Irwin Mitchell LLP
Legal helpline service providers
As explained under “Using your data for fraud prevention”, the personal data you have provided, we have collected from you, or we have received from third parties, may be shared with fraud prevention agencies. Please contact our Data Protection Officer if you would like details of the agencies we share your data with.
Processing outside of the European Economic Area (EEA): The personal information that we collect from you, and which is shared with some fraud prevention agencies, may be transferred to and processed in a destination outside of the EEA. It may also be processed by staff operating outside the EEA who work for one of our suppliers. In these circumstances, your personal information will only be transferred on one of the following bases:
- the country that we send the data is approved by the European Commission as providing an adequate level of protection for personal information; or
- the recipient has agreed with us standard contractual clauses approved by the European Commission, obliging the recipient to safeguard the personal information (in particular, our transfer of personal information to suppliers in India and the United States for marketing, IT development and IT testing purposes are protected in each case by the use of appropriate model clauses); or
- there exists another situation where the transfer is permitted under applicable data protection legislation (for example, where a third party recipient of personal data in the United States has registered for the EU-US Privacy Shield).
To find out more about how your personal information is protected when it is transferred outside the EEA (and if you wish to obtain a copy of the appropriate and suitable safeguards), please contact our Data Protection Officer using the details above.
How long your information is kept: We will retain your personal information for a number of purposes, as necessary to allow us to carry out our business. Your information will be kept for up to 7 years on our main systems after which time it will be archived, deleted or anonymised. Some of the archived information may be retained for up to 50 years for the purposes of processing of your existing or future claims. Records created for fraud prevention purposes will be deleted 7 years after creation. Fraud prevention agencies can hold your personal data for different periods of time, depending on how that data is being used. If you are considered to pose a risk of fraud or of money laundering, your data can be held by fraud prevention agencies for up to 6 years from its receipt by them. Please contact them for more information. Any retention of personal data will be done in compliance with legal and regulatory obligations and with industry standards. These data retention periods are subject to change without further notice as a result of changes to associated law or regulations. If you have any questions in relation to the retention of your personal data, please contact our Data Protection Officer at the details provided above.
Your rights: Under the Data Protection Act 1998 you have the following rights:
- to obtain access to, and copies of, the personal information that we hold about you; and
- to require that we cease processing your personal information if the processing is causing you damage or distress
Once the GDPR comes into force on 25 May 2018, you will also have the following rights:
- to require us to erase your personal information;
- to require us to restrict or to object to our data processing activities;
- to receive from us the personal information we hold about you which you have provided to us, in a reasonable format specified by you, including for the purpose of you transmitting that personal information to another data controller; and
- to require us to correct the personal information we hold about you if it is incorrect.
Please note that these rights may be limited by data protection legislation, and we may be entitled to refuse requests where exceptions apply.
If you are not satisfied with how we are processing your personal information, you can make a complaint to the Information Commissioner.
You can find out more about your rights under data protection legislation from the Information Commissioner's Office website: www.ico.org.uk.