Search
Register
You are here: Administrator  >>  Configure  >>  Privacy Statement

TERMS OF USE


By using this website or app ("Portal") you agree to these Terms of Use. You may not use the Portal if you do not accept these Terms of Use.


In these Terms "you" and "your" means each individual (whether acting for their own purposes, or on behalf of another individual or legal entity) or legal person who uses the Portal and/or the Services.


  1. ACCEPTANCE OF TERMS
    1. Please read these Terms of Use carefully before you start to use the Portal and/or the information and services available to you from the Portal (the "Services").
    2. We draw your attention in particular to:
      • our Acceptable Use Policy at clause 6 below;
      • clause 13 which sets out our liability to you.
    3. For your own benefit and protection, please ask for further information if you do not understand any point before you accept these Terms of Use.
  2. INFORMATION ABOUT US AND THE SERVICES
    1. This Portal and the Services are operated and managed for our client by Gallagher Actuarial Limited and/or Gallagher (Administration & Investment) Limited (together "Gallagher", "we", "us", "our") which are Gallagher private limited liability companies registered in England and Wales under company numbers 1034719 and 1615055 and their registered office are at The Walbrook Building, 25 Walbrook, London, EC4N 8AW. You may contact us at: The Compliance Manager, Gallagher 20 Wood Street, London, EC2V 7AF or Telephone: 020 7429 1000. Our VAT number is GB 863 338 901.
    2. For certain services and activities, Gallagher (Administration & Investment) Limited is authorised and regulated by the Financial Conduct Authority ("FCA") with reference number 115057. The FCA's address is 2512 Endeavour Square, London E20 1JN, UK. If in providing this Portal we provide services and perform activities for which we are regulated by the FCA, we will provide you, if required, with separate Retail Client Terms of Business, which set out the terms and conditions on which we will provide such services and perform such activities, otherwise you should rely on these Terms of Use.
    3. In these Terms of Use, references to "our Group" are to the group of companies of which Gallagher is a member.
  3. ACCESSING THE PORTAL
    1. The Portal is made available only to those authorised by us and our Client to use it ("Authorised User"). By using the Portal, you represent and warrant to us that you are an Authorised User.
    2. You are responsible for making all arrangements necessary for you to have access to the Portal, including obtaining the consents and approvals necessary for you to become an Authorised User.
    3. We may grant different access and user rights to different users of the Portal. Only administrator users shall be entitled to upload content to, and delete and modify content on, the Portal.
    4. In order to gain access to the Portal, you must provide us with certain personal information, which will be used to create a user account for you. You must ensure that all information that you provide to us is accurate, complete and up to date. You must promptly update the information that you provide, when changes occur. You can access and update the information you provided us with in accordance with the process set out in the personal details area of this Portal. The submission of misleading information may lead to the cancellation of your right to use this Portal.
    5. Where you provide us with any information relating to another person, you represent and warrant to us that you have all necessary consents from that person to provide such provision.
    6. We agree to, and you agree that we may collect, use and store your information only in accordance with these Terms.
  4. SECURITY
    1. You must keep your account details (including login and password) confidential. You must inform us immediately if you know or have reason to believe that your login or password has become known to anyone else other than ourselves, or if the login or password is being, or is likely to be, used in an unauthorised manner. Until you notify us, you are fully responsible for any and all activities that occur under your account.
    2. We have the right, at any time without notice, to disable any user identification code, login or password, whether chosen by you or allocated by us if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
  5. AVAILABILITY OF THE PORTAL
    1. Access to the Portal is permitted on a temporary basis, and we reserve the right at any time without notice to terminate, withdraw, modify or discontinue your access to or use of, the Portal and/or the Services. In particular, we reserve the right to suspend or terminate your access to the Portal (or portions of it) without notice if at any time we believe that you are using the Portal or the Services in any way that is contrary to these Terms of Use or that the continued provision of the Portal or the Services may expose us to any liability.
    2. We will not be liable if for any reason the Portal or any part of it is unavailable at any time or for any period.
    3. From time to time we may restrict access to all or part of the Portal.
    4. You are responsible for obtaining access to the Internet and making all arrangements necessary for you to have access to the Portal and take advantage of the Services and you, or your employer where you are accessing the Portal from your place of work through your work systems, are responsible for paying any service fees, telephone charges or other costs associated with such access.
    5. If you choose to access the Portal from a location outside of the UK, you are responsible for compliance with local laws relating to such access, including when viewing or using the content of the Portal, if and to the extent local laws are applicable. If you access the Portal anywhere other than in the UK, you will be warranting that it is legal for you to view the Portal in that jurisdiction and that the Terms of Use and your use of the Portal and/or the Services comply with all applicable local laws.
  6. ACCEPTABLE USE POLICY
    1. When using the Portal, you must comply with our Acceptable Use Policy set out in this clause 6.
    2. You may use Portal and the Services only for lawful purposes. You may not use the Portal or the Services:
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. for the purpose of harming or attempting to harm minors in any way;
      4. in any way to send unsolicited (commercial or otherwise) e-mail ("Spam") or any material for marketing or publicity purposes, or any similar abuse of either;
      5. to send, knowingly receive, upload, download, publish, post, distribute, disseminate or otherwise transmit, use or re-use any material or information which has not been authorised by us or which is inaccurate, illegal, defamatory, offensive, infringing, obscene, indecent, unsolicited, unauthorised or otherwise unlawful or objectionable or which may expose you or us to legal action or reputational damage, or procure any of the foregoing;
      6. to threaten, harass, stalk, abuse, disrupt, or otherwise violate the rights (including rights of privacy and publicity) of, others; or
      7. to send or upload any material or knowingly transmit any data that is corrupt or contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    3. You also agree not to:
      1. reproduce, duplicate, copy, re-sell, or otherwise use any part of the Portal, the content provided through it or the Services in contravention of the provisions of these Terms of Use;
      2. download or copy information or use any part of the materials or content on or provided through the Portal for personal commercial gain or for the benefit of a third party supplier of similar services, or sell or trade in any of the content or other material copied or downloaded from the Portal;
      3. obtain or attempt to obtain unauthorised access to (by whatever means) or interfere with, damage or disrupt: any part of the Portal or the Services; any other services or computer systems, equipment or software used in the provision of the Portal; any areas of our, or any of our partners' networks which are identified as restricted, or intentionally or recklessly do anything which may interrupt or impair their functionality;
      4. modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
      5. make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;
      6. create, check, confirm, update, modify or amend another person's details, records or databases or impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead us or others as to the identity or origin of any communications or to provide inaccurate or unreliable contact details;
      7. use data mining, robots or similar data gathering and extraction tools; or
      8. falsify the true ownership of software or other material or information contained in a file made available via the Portal or the Services.
    4. Whenever you are asked to provide information in connection with the Portal or the Services, you agree to provide true, accurate, current and complete details. It may not be possible to provide you with the Services if you do not provide the minimum mandatory information required. You do not have to provide us with any optional information requested. Please notify us immediately of any changes in the mandatory information.
    5. The Portal is not directed to children under the age of 16.
    6. We will determine, in our discretion and acting reasonably, whether there has been a breach of this Acceptable Use Policy through your use of the Portal.
    7. Failure to comply with this Acceptable Use Policy constitutes a material breach of these Terms of Use and may result in our immediate, temporary or permanent withdrawal of your right (if any) to use the Portal and/or the Services or any posting or material uploaded by you to the Portal, our taking legal action against you and/or disclosure of such information to law enforcement authorities as we reasonably feel is necessary. The responses described are not limited, and we may take any other action we reasonably deem appropriate.
  7. INTELLECTUAL PROPERTY RIGHTS
    1. We or our Client are the owner or licensee of all copyright and other intellectual property rights in the Portal (including, without limitation, any HTML source code) and in the material (including, without limitation, all graphics, text, images, sounds, video and other media) and information published on it, including any software. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. Except as expressly provided for in these Terms of Use or permitted by law, neither the Portal, nor such material or information (or any part(s) thereof) may be used, transmitted, copied, reproduced, distributed, republished, downloaded (except for page caching as required to view the Portal on the Internet in accordance with these Terms of Use), modified, displayed, posted, adapted or decompiled in any form or by any means.
    3. Except as is permitted by these Terms of Use, you must not use any part of the materials or information on the Portal for any commercial purpose, or otherwise, without first obtaining a licence to do so from us or our licensors.
    4. You may print off a reasonable number of copies, and may download extracts, of any page(s) from the Portal for your personal reference.
    5. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    6. Our status (and that of any identified contributors) as the authors of material on the Portal must always be acknowledged.
    7. If you print off, copy or download any part of the Portal in breach of these Terms of Use, your right to use the Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  8. TRADE MARKS, SERVICE MARKS AND TRADING NAMES
    1. All page headers, graphics, button icons, trade marks, service marks, get-up and logos appearing on the Portal belong to us, our Client or our licensors and you agree not to display or use (or misuse) the same in any manner or display or use (or misuse) product names or company names without our or the respective owner's prior written permission.
  9. THIRD PARTY CONTENT, PRODUCTS & SERVICES
    1. You may be able to apply for or request a change to certain products or services via the Portal. These products or services are not provided by us but are instead provided by third parties for whom we are not responsible and are governed by separate terms and conditions of supply.
    2. If you apply to buy, sell or request a change to any product or service where this option is available through the Portal, you will be contracting with a third party or Gallagher (acting in a capacity other than as provider of the Portal) who will be providing, selling or making a change in relation to that product or service on their own terms and conditions (being, in the case of Gallagher, its Retail Client Terms of Business) and you are responsible for ensuring that you understand and agree with those terms and conditions before entering into such a contract. The buying, selling or making of a change in relation to the product or service will only be concluded once your application has been accepted and processed by the relevant third party or Gallagher acting in its capacity other than as provider of the Portal. You will receive confirmation when your application has been accepted.
    3. You agree that, under these Terms of Use, we are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions applying to any contract entered into or varied by you with any third party or, if applicable, Gallagher under its Retail Client Terms of Business, in relation to any product or service or for any acts, omissions, errors or defaults of any third party or Gallagher in connection with those terms and conditions.
    4. It is your responsibility to seek independent advice or otherwise satisfy yourself that you wish to buy, sell or request a change to any product or service before doing so.
    5. Please be aware that the information and descriptions of products or services on the Portal may not contain full descriptions of all the features and terms and conditions of those products or services and that you must ensure that you carefully read all the features and terms and conditions of any product or service before applying for, selling or requesting a change to it.
  10. RELIANCE ON INFORMATION POSTED
    1. Commentary, transfer value quotes, benefit quotes and other information or materials (including without limitation text, graphics, links and other items, whether incorporated in advertising materials, materials relating to us, or our products or services or those of any other person, company or entity or otherwise) posted on the Portal are not intended to amount to advice on which reliance should be placed.
    2. The information contained in the Portal is not an invitation to invest in insurances, shares or other securities, or any other products or services or otherwise to deal in these or enter into a contract with Gallagher in its capacity as provider of the Portal or the Services or any other person, company or entity. Any transfer value or benefit quotes provided are intended to provide indicative values as they will not be based on up to date information and are not tailored to your circumstances. Except in relation to products or services covered by a Retail Client Terms of Business you may have entered into with Gallagher (in which case any claim by you must be brought under those terms):
      1. the information (and any quotes) provided should not be relied upon when making any decisions, in particular in connection with any investment or retirement or pension transfer decision and should be verified with the relevant third party provider of the information and appropriate specialist or professional advice should be obtained prior to taking or refraining from any action on the basis of the information or quote. and
      2. any reference to any product or service including the services which have been or may be provided by Gallagher or any other person, company or entity does not amount to a promise under these Terms that such product or service will be available at any time.
    3. Nothing on the Portal is, or shall be deemed to constitute:
      1. financial, investment or other advice or a recommendation or endorsement or arrangement by us; or
      2. an offer by us to sell to you any product or service or to enter into any contract with you in our capacity as provider of the Portal in respect of any product or service.
    4. You should always check the suitability, adequacy and appropriateness of the information or product or service that is of interest to you and it is your sole decision whether to make or refrain from making a decision based upon the information (including buying, selling or requesting a change in relation to any product or service).
    5. Your dealings with any third parties, in particular third party suppliers of products or services or alternative arrangements that you may select or other third parties referenced on the Portal, through the Portal and/or Services, and any terms, conditions, warranties or representations with such third parties, are solely between you and the third party.
  11. DATA PROTECTION
    1. By submitting data or information to us and/or using the Portal, you consent to the use, processing and transfer of your personal information as described in this clause 11 and you warrant that all data and information provided by you is complete, true and accurate. Where you provide us with any information relating to another person (including sensitive personal information), you represent and warrant to us that you have all necessary consents in relation to the provision of such information.
    2. We may receive your personal information from (a) our Client; and/or (b) you. We are not responsible for ensuring that our Client is entitled to transfer your personal information to us so that we may lawfully use, process and transfer the personal data for the purposes described below.
    3. We may process your personal information (on our Client's behalf or otherwise) for the purposes of:
      1. performing our obligations under our contract with our Client, which includes the provision of the Portal ("Client Agreement"); and
      2. providing the Portal to you and other portal users in a secure manner. Further information about how we process your personal information for this purpose can be found in our Privacy Notice.
    4. In relation to our processing of personal information for the purpose set out in clause 11.2(a) above, we shall process your personal information only in accordance with the terms of the Client Agreement and any lawful instructions reasonably given to us by our Client from time to time.
    5. Gallagher shall be entitled to process or transfer personal information to a country outside the United Kingdom and the EEA, including to any sub-processor, provided that such transfer is a valid Transfer Mechanism permissible under applicable data protection legislation, where:
      1. the transfer is to a country approved under the applicable Data Protection Legislation as providing adequate protection;
      2. there are appropriate safeguards or binding corporate rules in place pursuant to the applicable data protection legislation;
      3. the transferor otherwise complies with its obligations under the applicable data protection legislation by providing an adequate level of protection to any personal information that is transferred; or
      4. one of the derogations for specific situations in the applicable data protection legislation applies to the transfer.
    6. Where Gallagher processes such transfers, it shall put in place appropriate security measures (including, without limitation), entering into standard contractual clauses to ensure the transfer complies with data protection legislation and the following conditions are fulfilled:
      1. has provided appropriate safeguards in relation to the transfer as set out in Article 46(2)(d) of the UK GDPR;
      2. data subjects have enforceable rights and effective legal remedies;
    7. Gallagher comply with its obligations under the data protection legislation by providing an adequate level of protection to any personal information that is transferred: in particular Gallagher has carried out a transfer risk assessment in accordance with the guidance from the UK supervisory authority, putting in place extra steps and protections where required.
    8. Where any such transfer is undertaken by means of the standard contractual clauses, Gallagher shall enter into the standard contractual clauses and/or UK addendum (as data exporter and processor) directly with the relevant sub-processor (as data importer). We shall take appropriate technical and organisational measures against unauthorised or unlawful processing of your personal information or its accidental loss, destruction or damage.
    9. We shall not be subject to any obligations of confidentiality regarding submitted information except as otherwise specifically agreed or required by law.
    10. We reserve the right to monitor and track your visits to the Portal.
    11. Please check the terms of our Client (your employer's and/or the plan's) privacy policy for further information as to how our Client use your personal information.
    12. Given that the Internet is a global environment, using the Internet to collect and process information and personal data necessarily involves the transmission of data on an international basis. Therefore, by browsing the Portal and communicating electronically with us, you acknowledge our processing of information and personal data in this way.
    13. Unfortunately, the transmission of information via the Internet is not completely secure. We cannot guarantee the security of your data transmitted over the Internet; any transmission is at your own risk. Once we have received your information, we will use appropriate procedures and security features to try to prevent unauthorised access.
  12. CHANGES TO THE PORTAL
    1. We aim to update the Portal regularly, and may delete, suspend, revise or otherwise change the content and/or services it provides (or any part thereof) at any time in our sole discretion. We may suspend access to the Portal, or close it indefinitely. We do not monitor every item of information on the Portal.
    2. We may at our sole discretion (but acting reasonably) terminate your access to some or all of the Portal or the services provided by it with or without notice where it is reasonable in the circumstances to do so.
  13. OUR LIABILITY
    1. Nothing in these Terms of Use:
      1. affects our liability for death or personal injury arising from our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under any applicable law; or
      2. excludes our obligation to adhere to the rules and regulations imposed on us by the FCA, which will apply at all times.
    2. Except to the extent otherwise expressly set out in any Retail Client Terms of Business you have entered into with Gallagher or as set out in clause 13.1 above, we, the other members of our Group, our Group's officers and employees and all third parties engaged by us, hereby expressly exclude liability for any losses or damage however caused incurred by any Authorised User in connection with the Portal and/or the Services, or in connection with the use, inability to use, or results of the use of the Portal and/or the Services, any websites linked to it and any materials or information posted on it and any quotes provided, whether they are directly associated with the incident that causes you to claim or not. This includes, without limitation, any liability for:
      1. loss of income or revenue;
      2. loss of profits or contracts;
      3. loss of anticipated savings;
      4. delays or failures you may experience in initialising, conducting or completing any transmission or transactions on or in connection with the Portal; and
      5. actions taken in response to breaches of our Acceptable Use Policy set out at clause 6 above.
    3. While certain precautions have been taken to detect computer viruses and ensure security, we cannot guarantee that the Portal and the Services are virus-free and secure. We shall not be liable for any loss or damage which occurs as a result of any virus or breach of security, including without limitation any distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Portal or the Services or to your downloading of any material posted on it, or on any website linked to it. You shall therefore be responsible for protecting your computer systems from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary. We give no warranties as to the compatibility of the Portal or the Services with your computer systems, software and/or hardware.
    4. The Portal may contain links to other websites or resources. We are not responsible for the availability of such external sites or resources, and we shall not be responsible or liable, directly or indirectly, for the content of such websites (including without limitation the privacy policies, any advertising, contents, products, goods or other materials or services on or available from such websites), the use others make of these websites or resources, or from damage loss or offence caused by or in connection with the use of or reliance of any materials, products or services available on such websites or resources.
    5. We do not charge you a separate fee for access to and use of the Portal or the Services. On this basis and except to the extent otherwise expressly set out in any Retail Client Terms of Business you have entered into with Gallagher or as set out in clause 13.1 above, our total liability (and the total liability of other members of our Group, our Group's officers and employees and all third parties engaged by us) for any losses suffered by you as a result of or in connection with your use of the Portal and/or Services will be limited to £100.
    6. Except as otherwise noted herein, the materials and services provided on the Portal are provided "as is", without any warranties or representations of any kind, including warranties and conditions of merchantability, fitness for a particular purpose, title or non-infringement of intellectual property. To the extent permissible, any implied warranties or representations are limited to the fullest extent permitted by law. We make no warranties, representations, or conditions of any kind regarding the sites, services, products, programs or other offerings of third parties referenced on or accessible by means of the Portal. We also take no responsibility for the actions of hackers or viruses that may damage your computer system or data resulting from your access to or use of the Portal.
  14. YOUR OBLIGATIONS IF YOU BREACH THE TERMS OF USE
    1. You will be responsible for any losses and/or expenses that we suffer which are the result, and which a reasonable person would consider to be the probable result, of you being negligent, acting fraudulently or breaching these Terms of Use or any applicable laws in your use of the Portal and/or the Services.
  15. UPLOADING MATERIAL TO THE PORTAL
    1. Whenever you make use of a feature that allows you to upload material to the Portal, or to make contact with other Authorised Users of the Portal, you must comply with the content standards set out in our Acceptable Use Policy at clause 6 above.
    2. If you post any material (including information) on the Portal, you agree to grant us a perpetual, irrevocable, royalty-free, transferable, assignable, sub-licensable licence to use that material as we see fit without notice to you unless otherwise agreed in writing between you and us. Any such material will be considered non-confidential and non-proprietary, and you agree that we have the right to use, copy, distribute and disclose to third parties any such material for any purpose free of any intellectual property and moral rights. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Portal constitutes a violation of their intellectual property rights, or of their right to privacy.
    3. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other Authorised User of the Portal.
    4. We reserve the right, but without obligation, to monitor, moderate, edit or remove any materials posted on the Portal.
  16. VIRUSES, SECURITY AND COMPATIBILITY
    1. You must not misuse the Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Portal, the server on which the Portal is stored or any server, computer or database connected to the Portal. You must not attack the Portal via a denial-of-service attack or a distributed denial-of service attack or in any other way.
    2. By breaching the requirements of clause 16.1, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Portal will cease immediately.
  17. LINKING TO THE PORTAL
    1. You may link to our home page, provided we do not object and you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    2. The Portal must not be framed on any other website, nor may you create a link to any part of the Portal other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms of Use.
  18. LINKING FROM THE PORTAL
    1. From time to time the Portal may also include links to other third party websites or resources. These links are intended to provide further information only and are not intended to signify that we endorse such websites and/or resources or related products or services or are in any way affiliated with the linked websites or have investigated, verified or monitored any of them.
    2. Such linked websites or resources are independent from Gallagher and we have no control over their content. We have no responsibility for the content of any linked website or resource, its use or the products and/or services made available through it or for any loss or damage that may arise from your acquisition or use of any of them. It is your responsibility to check the terms and conditions of any other websites or resources you may visit and you use them and the products and/or services made available through them at your own risk.
    3. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies or the protection and privacy of any information that you provide or which may be collected from you (whether automatically or otherwise). Please check these policies before you submit any personal data and information to these websites. We recommend that you check the policy of each website you visit and contact the owner or operator of such website if you have any concerns or questions.
  19. GENERAL
    1. Each of the provisions of these Terms of Use (or part of any provision) is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect or impair the legality, validity or enforceability in that jurisdiction of the other provisions of these Terms of Use (and the provision itself shall apply with the minimum modification necessary to make it legal, valid and enforceable), or of that or any provision in any other jurisdiction.
    2. A failure or delay by us in enforcing compliance with any provision of these Terms of Use shall not be a waiver of that or any other provision of these Terms of Use. None of these Terms of Use shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party except to the extent any such term is expressed for the benefit of our Group, our Group's officers and employees and/or all third parties engaged by us in which case each may enforce such term to the extent we are not able to do so on their behalf ("Gallagher Third Parties"). Notwithstanding the creation of any such third party rights, we and you may rescind, vary or amend or terminate these Terms of Use without the consent of any Gallagher Third Party.
    3. You may not assign any of your rights or obligations under these Terms of Use.
    4. The headings used in these Terms of Use are for convenience only and shall not affect their interpretation.
    5. In these Terms of Use, unless specified to the contrary, use of the singular is deemed to include the plural, use of any gender is deemed to include every gender and any reference to a person is deemed to include a corporation, a partnership and any other body or entity, and (in each case) vice versa.
  20. ENTIRE AGREEMENT
    1. These Terms of Use constitute the whole and only agreement and understanding between you and us in relation to their subject matter and the use of the Portal and the Services. Except in case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements of any nature whatsoever between you and us with any bearing on the subject matter of these Terms of Use or your use of the Portal or the Services are superseded and extinguished, except insofar as any such thing is expressly stated in these Terms of Use (together with the documents referred to in these Terms of Use).
  21. VARIATIONS
    1. We may revise these Terms of Use at any time. Any such changes that we may make to these Terms of Use will be posted on this page as amended terms and, in the event of any change, you will be asked to accept the amended Terms of Use by clicking on the button marked "Accept".
  22. NOTICES, JURISDICTION AND APPLICABLE LAW
    1. You agree that any notices and other communication (even those that would normally be required to be given in writing) may be given by us by e-mail or posted on the Portal and this will comply with any legal requirement for such communications to be in writing. You also agree that any notice or other communication made in such manner will be deemed received by you one hour after e-mail or posting.
    2. The English courts will have exclusive jurisdiction to hear and determine or otherwise settle any claim, suit, dispute or action arising out of or in connection with these Terms of Use or their subject matter or a visit to the Portal or use of the Services, although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.
    3. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
  23. YOUR CONCERNS OR QUESTIONS
    1. If you have any concerns about the Portal or the Services or the material which appears on the Portal, please contact us at UK_GBS_DPO@ajg.com.

    24. MASTER PORTAL VERSION 20 June 2024


    Gallagher Global Privacy Notice

    Updated: 27 November 2023

    This Privacy Notice applies to Arthur J. Gallagher & Co., and all of its affiliates and subsidiaries (collectively, "we," "our," "us," or "Gallagher").  A full list of the Gallagher group of companies is available here.

    In this Privacy Notice, we identify the personal data that we collect about you and how we use that data. This Privacy Notice applies to any personal data you provide to Gallagher and any personal data we collect from other sources, unless you are provided a more specific privacy statement at the time of data collection. This Privacy Notice does not apply to any third-party websites, applications or portals ("Sites") linked to Gallagher's Sites, or to any Gallagher Sites that have their own privacy notices. If you provide personal data to us about other people, you must provide them with a copy of this Privacy Notice and obtain any consent required for the processing of that person's data in accordance with this Privacy Notice.


    1. Who we are

    We are a global company providing a range of professional services including insurance, (re)insurance brokerage, risk and claims management, employee benefits and human resources consulting and administration, financial, pension administration and actuarial services through our various affiliates and subsidiaries.


    2. How we process your personal data

    2.1 Individuals in scope of this Privacy Notice

    This Privacy Notice provides information for those individuals whose personal data we process, including:

    • Business contacts, such as brokers, (re)insurers, managing agents (MGAs), loss adjusters, experts instructed in relation to claims, service providers, suppliers, professional advisors, conference attendees, visitors to our offices, government officials and authorities.
    • Customers, claimants and plan beneficiaries, such as those in respect of insurance policies we place as part of our core insurance business activities (e.g., parties covered under the policies, potential beneficiaries of the policies, claimants and other parties involved in claims in respect of the policies), and any other customers in relation to our various service offerings (e.g., employers sponsoring health and benefit plans, pension trustees, premium financing services, current, former and retired plan members, spouses and other beneficiaries entitled to payment from pension and/or benefit plans for whom we provide administrative services).
    • Users of our Sites.
    • Other individuals, such as those requesting or receiving our marketing information, making general inquiries, entering competitions or promotions, or whose images we use in marketing or are captured on CCTV.

    2.2 How we collect your personal data

    We collect your personal data in a number of ways, which vary based on how you interact with us and as allowed by applicable law. The following summarizes our various collection points:

    • Directly from you or your authorized representative, such as when you provide your personal data to us, including from any of our Sites, surveys, live events, market research, and other direct communications and/or solicitations.
    • From our clients and partners, such as commercial clients, (re)insurers, network partners, brokers, employers, benefit plan sponsors, benefit plan administrators, premium finance companies, health service providers, pension trustees, data/marketing list providers and third-party service providers.
    • Publicly available sources, such as social media platforms, property and assets registers, and claims and convictions records.
    • Gallagher affiliate companies.
    • Government authorities, such as police and regulators.
    • Background checks and screening tools, such as insurance industry fraud prevention and detection databases, credit agencies and sanctions screening tools.
    • Other third parties.

    2.3 Personal data we collect

    We collect the following types of personal data depending on the purpose of your interaction with us (e.g., as business contact, customer, claimant, insured) and as allowed by applicable law:

    • Basic personal and demographic information, such as your name, date of birth, age, gender and marital status.
    • Contact information, such as your address, telephone number and email address.
    • Unique identifiers, such as identification numbers issued by government bodies or agencies (e.g., your national identifier number or social security number, passport number, ID number, tax identification number, driver's license number, birth, death and marriage certificates, military passbook, and copies of official documents).
    • Beneficiary information, such as details of relationships, family members and dependents.
    • Employment information, such as your job title, employer, employment status, salary information, employment benefits, pensionable service periods, employment history and professional certifications and training.
    • Financial information, such as your bank account numbers and statements, credit card numbers, brokerage account numbers, transaction information, tax information, details of your income, property, assets, investments and investment preferences, pension and benefits, debts, and creditworthiness.
    • Policy information, such as your policy number, policy start and end dates, premiums, individual terms, mid-term adjustments, reasons for cancellation, risk profile, details of policy coverage, enrolment, eligibility for insurance or benefits, benefit amounts and underwriting history.
    • Claim information, such as a claimant's relationship to a policyholder/insured, claims history and claims data, and the date and particulars of a claim, including causes of death, injury or disability and claim number.
    • Plan information, such as contributions levels and benefit options
    • Commercial information, such as records of your personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
    • Events or meeting information, such as details about your visits to our offices (including CCTV), your interest in and attendance at events or meetings, audio recordings, photographs or videos captured during meetings, events or calls with you.
    • Lifestyle information, such as travel history and plans and general health data.
    • Special category data and sensitive personal data, such as data relating to your health (including protected health information), genetic or biometric data, sex life, sexual orientation, gender identity, racial or ethnic origin, political opinions, religious or philosophical beliefs and trade union membership.
    • Criminal records information, such as criminal charges or convictions, including driving offences, or confirmation of clean criminal records.
    • Professional disciplinary information.
    • Personal information received from background checks and sanctions screenings, including status as a politically exposed person.
    • Marketing information, such as your consent to or opt out from receiving marketing communications from us and/or third parties, your marketing preferences, or your interactions with our marketing campaigns and surveys, including whether you open or click links in emails from us or complete our surveys.
    • Sites and communication usage information, such as your username, your password, other information collected by visiting our Sites or collected through cookies and other tracking technologies as described in our cookie policy, including your IP address, domain name, your browser version and operating system, traffic data, location data, browsing time, and social media information, such as interactions with our social media presence.

    2.4 How we use your personal data

    Depending on the purpose of your interaction with us (e.g., as business contact, customer, claimant, insured, pension member), we use your personal data to:

    • Perform services for you or our clients
      • Provide services and fulfill our contractual obligations, including providing services that you may not have personally requested but were requested by our client(s) and require us to interact, directly or indirectly, with you.
      • Facilitate and enable placement of policies and assist in the ongoing management of such policies, including premium management, renewals, adjustments, cancellations, claims management and settlement.
      • Provide various consulting, administration, financial, pension and actuarial services and claims administration.
      • Advise on the management of our clients' business risks and opportunities, affairs and insurance arrangements and on the administration of claims.
    • Manage our business operations
      • Enter into business relationships and perform due diligence and background checks, such as fraud, trade sanctions screening, and credit and anti-money laundering checks.
      • Create, maintain, customize and secure your account with us.
      • Maintain accounting records, analyze financial results, comply with internal audit requirements, receive professional advice, apply for and make claims on our own insurance policies, manage or dispute a claim and recover a debt.
      • Conduct data analytics, surveys, benchmarking, and risk modelling to understand risk exposures and experience, for the purposes of creating de-identified and/or aggregate industry or sector-wide reports, to share within Gallagher's group of companies and with third parties.
    • Communicate and market to you
      • Communicate with you regarding your account or changes to our policies, terms and conditions, respond to any inquiries you may have, and send you invitations for events or meetings.
      • Advertise, market and promote our services or the services of others, including by email, LinkedIn, SMS, post or telephone.
      • Send you newsletters, offers or other information we think may interest you, as well as offer and administer promotions.
      • Monitor usage of our Sites and personalize your experience with our Sites and the messages we send you to deliver content, product and service offerings relevant to your interests, including targeted offers and ads through our Sites, third-party Sites, and via email, SMS or text (with your consent, where required by law).
    • Comply with legal obligations
      • Comply with national security or law enforcement requirements, discovery requests, or where otherwise required or permitted by applicable laws or regulations, court orders or regulatory authorities.
      • Exercise and defend ours, yours or third parties' legal rights.
    • Monitor and prevent fraud or wrongdoing
      • Maintain the safety, security, quality, integrity and availability of our products, services, systems and data, detect security incidents, protect against inadvertent data loss, malicious, deceptive, fraudulent, or illegal activity, and debug or identify and repair errors that impair existing intended functionality.
      • Monitor and ensure the safety and security of our premises, property, employees and visitors.
    • Improve our services
      • Develop, enhance, expand or modify our services through research and development.
      • Monitor, review, assess and improve our technology systems, including any Sites, and our content on social media platforms.
      • Improve and develop systems and algorithms involving machine learning and artificial intelligence.
      • Improve quality, training and security (for example, with respect to recorded calls).
    • Mergers and acquisitions
      • Facilitate commercial transactions, including a reorganization, merger, sale of all or a portion of our assets, a joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). Should such a sale or transfer occur, we will use reasonable efforts to ensure the entity to which we transfer your personal data agrees to use it in a manner consistent with this Privacy Notice.

    If we intend to use your personal data for any other purpose not described in this Privacy Notice or which is not compatible with the purpose for which your personal data was collected, we will contact you and let you know of that purpose, which may include the need to satisfy our legal and regulatory obligations. Where we require your consent to the processing, we will request it in advance.


    2.5 Legal basis for processing personal data

    Local law and regulation may require us to have a legal basis to process your personal data. In most cases, our legal basis for processing your personal data will be one of the following:

    • Legitimate Business Interest, such as seeking to and entering into or performing our contractual duties, maintaining our business records, keeping records of insurance policies or other products we place, and analyzing and improving our business model, services, systems and algorithms. When using your personal data for these purposes, we ensure our business need does not conflict with the rights afforded to you under applicable laws.
    • For the performance of a contract with you or in order to take steps at your request prior to entering into that contract.
    • Compliance with legal obligations, such as when you exercise your rights under data protection laws and make requests, for compliance with legal and regulatory requirements and related disclosures and for the establishment and defense of legal rights.
    • Fraud detection or prevention.
    • Consent, such as when we have to obtain your consent to process your personal data.

    When we process sensitive personal data, sometimes referred to as special category data, in most cases our legal basis will be one of the following:

    • As required to establish, exercise or defend legal claims.
    • As necessary for insurance operations when it is in the substantial public interest, where applicable under local data protection laws.
    • As necessary for the prevention or detection of an unlawful act and/or fraud when it is in the substantial public interest, where applicable under local data protection laws.
    • You have given us your explicit consent-where we receive sensitive personal data or special category data indirectly, the third party is responsible for obtaining your explicit consent to enable us to collect and use your data for the purposes described in this Privacy Notice.

    2.6 Who we share your personal data with

    We share your personal data within Gallagher's group of companies for the purpose of your interaction with us, such as for the provision of our services, general business operations and controls, marketing, data analytics, systems and algorithm improvements, surveys, benchmarking, and compliance with applicable laws.

    We may also share your personal data with the following third parties for the purpose of your interaction with us:

    • Your employer, as part of our provision of the services to you or your employer.
    • Professional Advisors, such as underwriters, actuaries, claims handlers and investigators, surveyors, loss adjustors/assessors, accident investigators, specialist risk advisors, pension providers or trustees, banks and other lenders (including premium finance providers), health professionals, health service providers, lawyers (including third party legal process participants), accountants, auditors, tax advisors, financial institutions, investment advisors and other fiduciaries and consultants.
    • Business partners, such as customers, (re)insurance companies, MGAs, brokers, other insurance intermediaries, claims handlers or other companies who act as insurance distributors and premium financing companies.
    • Providers of insurance broking and other platforms we use.
    • Service providers, such as IT software, security and cloud suppliers, finance and payment providers, marketing agencies, external venue providers, address tracers, printers, document management providers, telephony providers, debt collection agencies, background check and credit reference agencies.
    • Fraud detection agencies and credit bureaus which operate and maintain fraud detection or credit registers.
    • Industry bodies.
    • Insurers who provide you with insurance and us with our own insurance.
    • Regulators, public authorities and law enforcement agencies, such as police, judicial bodies, governments, quasi-governmental authorities, financial and pension regulators and workers' compensation boards, where we are required or requested to do so by law.
    • Asset purchasers, such as those who may purchase or to whom we may transfer our assets and business.
    • Other third parties, where we have your consent or are required by law.

    When required by applicable law, we will obtain your explicit consent before sharing your data with any third parties. We will also require third parties (where applicable) to maintain a comparable level of protection of personal data as set out in this Privacy Notice by the use of contractual requirements or other means. On request and where required by law, we will confirm the name of each third party to which your personal data has, or will be, transferred. To the extent permitted by applicable law, we disclaim all liability for the use of your personal data by third parties.


    2.7 Children

    Our Sites are not intended for children and we do not knowingly collect, use, or disclose information about children. If you are a minor, please do not provide any personal data even if prompted to do so. If you believe that you have inadvertently provided personal data, please ask your parent(s) or legal guardian(s) to notify us. In the event that we learn that we have inadvertently collected personal data via our Sites from a child, we will delete that information as quickly as possible.


    3. How we protect your personal data

    We use a range of organizational and technical security measures to protect your personal data, including, but not limited to, the following:

    • Restricted access to those who need to know for the purposes set out in our underlying agreement or this Privacy Notice, and who are subject to confidentiality obligations.
    • Firewalls to block unauthorized traffic to servers.
    • Physical servers located in secure locations and accessible only by authorized personnel.
    • Internal procedures governing the storage, access and disclosure of your personal data.
    • Additional safeguards as may be required by applicable laws in the country where we process your personal data.

    Please note that where we have given you (or you have chosen) a password, you are responsible for keeping the password confidential. Please do not share your password with anyone.


    4. How we protect your personal data when sending it internationally

    We operate as a global business and may transmit your personal data across borders, including within Gallagher's group of companies and to certain third parties, including our partners and service providers. This sharing of data allows us to provide you services as set out in our underlying agreement or as otherwise indicated in this Privacy Notice. When required by applicable law, we will obtain your explicit consent before transferring your data.

    The laws that apply to the country where the data is transferred may not be equivalent to that in your local country (or in the country in which we provide the services). Transfers of personal data will comply with applicable law and be subject to suitable safeguards to ensure an adequate level of protection, including, where required, the use of standard contractual clauses approved by the local data protection regulator, that require each party to ensure that the personal data receives an adequate and consistent level of protection. Please contact us using the details provided under the Contact Us section if you would like further information regarding our international transfers and the steps we take to protect your personal data when sending it internationally.


    5. Marketing activities

    From time to time, we may provide you with information about our products or services or those of our partners that we think will be of interest to you. We may send you this information by email, LinkedIn, SMS, text, post or we may contact you by telephone. We may also share your personal data with other Gallagher group companies so that they can provide you with information about their products and services we believe will be of interest to you. We ensure that our marketing activities comply with all applicable legal requirements.In some cases, this may mean that we ask for your consent in advance of sending you marketing materials.

    You can opt out of receiving marketing communications from us at any time. Please use the "unsubscribe" link in our marketing emails to opt out of receiving those emails. Alternatively, please contact us using the details provided under the Contact Us section. In such circumstances, we will continue to send you service-related communications where necessary.


    6. Profiling and automated decision-making

    Insurance market participants benchmark insured, beneficiary and claimant attributes and risk factors, and insured event likelihoods in order to determine insurance limits, insurance premiums and fraud patterns. This means that we compile and analyze data in respect of insureds, beneficiaries and claimants to model such likelihoods. In doing so, we use personal and commercial data in order to create the models and/or match that data against the models (profiling) to determine both the risk and the premium price based on similar exposures and risks. We also use this information to help us advise insurance companies about the typical levels of insurance coverage that our clients may have in place.

    We will only make automated decisions about you where:

    • Such decisions are necessary for entering into a contract (e.g., we may decide not to offer services to you, the types or amount of services that are suitable for you, or how much to charge you for services based on your credit history or financial or related information we have collected about you);
    • Such decisions are required or authorized by law (e.g., fraud prevention purposes); or
    • You give your consent for us to carry out automated decision-making. You may withdraw your consent at any time by contacting us.

    These automated decisions may have a legal or similar effect on you, namely, your eligibility for or access to products or services.

    We may also make automated decisions based on your personal data or browsing history to send you personalized offers, discounts or recommendations, subject to any applicable local laws and regulations. These automated decisions will not have legal or similar effects for you.

    Subject to local laws and regulations, you can contact us to request further information about our automated decision-making, object to our use of automated decision-making, or request that an automated decision be reviewed by a human being.


    7. How long we keep your personal data

    We keep your personal data for as long as reasonably necessary to fulfil the purposes set out in this Privacy Notice based on our business needs and legal requirements.

    When we no longer need your personal data, we de-identify or aggregate the data or securely destroy it based on our retention policy. Please note that de-identified or aggregated data is not treated as personal data under this Privacy Notice and may be used for analytics purposes.

    We have a detailed retention policy that governs how long we hold different types of information. Please contact us using the details provided under the Contact Us section for further information regarding how long we keep your personal data.


    8. Your personal data rights

    Based on the country in which you reside, and subject to permitted exemptions, you may have certain rights in relation to your personal data. We are committed to respecting your personal data rights. Please refer to your country-specific addendum for information on the rights that apply to individuals in your country.

    You can exercise your rights by contacting us using the details provided in the Contact Us section. We will usually not charge you for processing these requests. There may be cases where we are unable to comply with your request (e.g., via a permitted exemption or where the request would conflict with our obligation to comply with other legal requirements). We will tell you the reason if we cannot comply with your request and we will always respond to any request you make.


    9. Contact us

    Please contact us if you have any questions about how we collect and process your personal data. You may contact us by writing to GlobalPrivacyOffice@ajg.com. To assist in providing you with an accurate response, please let us know the Gallagher business you interact with and your applicable country.


    10. Updates to this Privacy Notice

    We may update this Privacy Notice from time to time. When we make updates, we will post the current version on our Sites and will revise the version date located at the bottom of the Privacy Notice. We encourage you to review this Privacy Notice periodically so that you will be aware of our current privacy practices.


    11. United Kingdom Addendum ("Addendum") to the Gallagher Global Privacy Notice

    Updated: 27 November 2023

    This Addendum supplements Gallagher's Global Privacy Notice and applies to personal data collected and/or processed in the United Kingdom ("UK").


    Purposes and legal grounds of Processing

    Purposes of Processing

    Legal Grounds for Processing

    To perform services for you or our clients.

    For the performance of contracts to which you will be a party and in order to take steps at your request prior to you entering into those contracts; or

    For the purposes of legitimate interests pursued by us (to perform and enter into services for our clients).

    To manage our business operations.

    To comply with a legal or regulatory obligation to which we are subject; or

    For the performance of contracts to which you will be a party and in order to take steps at your request prior to you entering into those contracts; or

    For the purposes of legitimate interests pursued by us (to manage our business operations).

    To communicate and market to you.

    Your consent to this processing; or

    For the purposes of legitimate interests pursued by us (to communicate and market to you where we do not require your consent).

    To comply with legal obligations.

    To comply with a legal or regulatory obligation to which we are subject.

    To monitor and prevent fraud or wrongdoing.

    To comply with a legal or regulatory obligation to which we are subject; or

    For the performance of contracts to which you will be a party and in order to take steps at your request prior to you entering into those contracts; or

    For the purposes of legitimate interests pursued by us (to monitor and prevent fraud or wrongdoing or defend or protect our legal rights).

    To improve our services.

    For the purposes of legitimate interests pursued by us (to improve our services).

    To manage mergers, acquisitions, sales, re-organizations, disposals and integrations.

    For the purposes of legitimate interests pursued by us (to manage mergers, acquisitions, sales, re-organizations, disposals and integrations).

    Your personal data rights

    Right to access your personal data

    You have a right to ask us for copies of your personal data and certain details of how we use it.

    Right to rectification

    You have a right to ask us to amend or update your personal data if you believe the personal data we hold about you is inaccurate or incomplete.

    Right to erasure

    You have a right to ask us to erase your personal data in certain circumstances, such as where you withdraw consent or where the personal data we collected is no longer necessary for the original purpose. This will be balanced against other factors. For example, we may have regulatory and/or legal obligations which limit our ability to comply with your request.

    Right to restriction of processing

    You have a right to restrict the processing of your personal data in certain circumstances, such as where you think we no longer need to use your personal data or where you think that the personal data we hold about you may be inaccurate.

    Right to data portability

    You have a right to ask that we transfer personal data that you have given us to another organization in certain circumstances.

    Right to object to processing, including marketing

    You have a right to object to your personal data being processed if we process your personal data in our legitimate interest. You may also ask us to stop sending you direct marketing messages and using your personal data for direct marketing purposes at any time.

    Rights related to automated decision-making

    You have a right to ask not to be subject to a decision based solely on automated processing, including profiling, which produces legal or similar effects.

    Right to withdraw consent

    We will ask for your consent for certain uses of your personal data. Where we do this, you have the right to withdraw your consent to further use of your personal data.

    Right to complain

    You have the right to contact us or our data protection officer if you have any concerns with how we use your personal data and we will do our best to resolve your concerns. You also have a right to complain to the Information Commissioner's Office (ICO) if you believe that our use of your personal data is in breach of data protection laws and/or regulations. More information can be found on the ICO's website. Exercising this right will not affect any other legal rights or remedies you have.

    There may be circumstances where exercising some of your rights described above or not providing us with personal data will result in us not being able to provide products or services to you (i.e., insurance can no longer be provided or your policy may be cancelled). By exercising your rights (such as your right to erasure), you may also lose the right to bring any claim or receive any benefit, including in relation to any event that occurred prior to the exercise of your rights, if our ability to handle the claim has been prejudiced. Your policy terms and conditions set out what will happen in the event your policy is cancelled.


    Contact us

    You can contact us if you have any questions about how we collect, process or use your personal data or if you wish to exercise any of your rights with respect to your personal data. To assist in providing you with an accurate response, please let us know the Gallagher business you interact with and your applicable country.


    Gallagher legal entity

    Contact details

    Arthur J. Gallagher Insurance Brokers Limited

    Arthur J. Gallagher (UK) Limited

    Gallagher Securities Limited

    Arthur J. Gallagher Services (UK) Limited

    Data Protection Officer
    The Walbrook Building
    25 Walbrook
    London EC4N 8AW
    Email: GlobalPrivacyOffice@ajg.com

    Gallagher Risk and Reward Ltd

    Gallagher Communication Ltd

    Caburn Hope Ltd

    Data Protection Officer
    Phoenix Court
    Jacobs Well Lane
    Wakefield WF1 3NT
    Email: GlobalPrivacyOffice@ajg.com

    Gallagher Bassett International Ltd.

    Data Protection Officer
    High Point Sandy Hill Business Park
    Sandy Way, Tamworth
    Staffordshire, B77 4DU
    Email: GlobalPrivacyOffice@ajg.com

    UK Branch of Arthur J. Gallagher Nordic AB

    Data Protection Officer
    The Walbrook Building
    25 Walbrook
    London EC4N 8AW
    Email: GlobalPrivacyOffice@ajg.com