Terms & Privacy

Website Terms And Conditions Of Use

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Birchin Insurance Brokers Limited , the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Birchin Insurance Brokers Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Birchin Insurance Brokers Limited and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

All Content included on the Website, unless uploaded by Users, is the property of Birchin Insurance Brokers Limited , our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
You may, for your own personal, non-commercial use only, do the following: retrieve, display and view the Content on a computer screen
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Birchin Insurance Brokers Limited.

Prohibited use

You may not use the Website for any of the following purposes:

1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Links to other websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Birchin Insurance Brokers Limited or that of our affiliates.
We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Availability of the Website and disclaimers

Any online facilities, tools, services or information that Birchin Insurance Brokers Limited makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Birchin Insurance Brokers Limited is under no obligation to update information on the Website.
Whilst Birchin Insurance Brokers Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
Birchin Insurance Brokers Limited accepts no liability for any disruption or non-availability of the Website.
Birchin Insurance Brokers Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Birchin Insurance Brokers Limited accepts no liability for any of the following:

1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
2. loss or corruption of any data, database or software;
3. any special, indirect or consequential loss or damage.

General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh Courts.

Birchin Insurance Brokers Limited details

Birchin Insurance Brokers Limited is a company incorporated in England and Wales with registered number 14183289 whose registered address is One Temple Quay, Bristol, BS1 6DZ and it operates the Website Birchin.co.uk.
Birchin Insurance Brokers Limited is an appointed representative of Bannerman Rendell Limited. Bannerman Rendell Limited are Authorised and Regulated by the Financial Conduct Authority. Bannerman Rendell Limited Firm FCA Reference Number is 308692.Birchin Insurance Brokers Limited FCA Reference Number is 980415

You can contact Birchin Insurance Brokers Limited by email on [email protected].

Privacy Statement

Birchin Insurance Brokers Limited, as defined below, is committed to protecting your privacy. This Privacy Notice (“Notice”), sets out the types of personal information we collect, how we collect and process that information, who we share it with in relation to the services we provide and certain rights and options that you have in this respect.

Birchin Insurance Brokers Limited owns and operates this site [www.Birchin.co.uk].

Who is responsible for your personal data?

Birchin Insurance Brokers Limited is responsible for your personal data. For the purposes of applicable data protection law (in particular, the General Data Protection Regulation (EU) 2016/679 (the “GDPR”)), your data will be controlled by Birchin Insurance Brokers Limited that you have instructed or that is providing services to you or communicating to you and is regarded as an independent data controller of your personal data. Birchin Insurance Brokers Limited is registered with the Information Commissioner’s Office under reference number ZB366580.

Personal data we collect

We collect and process the following personal data from you:

Identity and Contact Data, including your name, address, telephone number, date of birth, marital status, passport number, employment history, educational or professional background, tax status, employee number, job title and function, and other personal data concerning your preferences relevant to our services;
Business Information, including information provided in the course of the contractual or client relationship between you or your organisation and Birchin Insurance Brokers Limited, or otherwise voluntarily provided by you or your organisation;
Profile and Usage Data, including passwords to Birchin Insurance Brokers Limited website protected platforms or services, your preferences in receiving marketing information from us, your communication preferences and information about how you use our websites(s), including the services you viewed or searched for, page response times, download errors, length of visits and page interaction information (such as scrolling, clicks, and mouse-overs). To learn more about our use of cookies or similar technology please check our cookies policy here;
Technical Data, including information collected during your visits to our website(s), the Internet Protocol (IP) address, login data, browser type and version, device type, time zone setting, browser plug-in types and versions, operating system and platform;
When we use analytic cookies, Profile and Usage Data and Technical Data (as defined above) are collected and used.

Information about other people

If you provide information to us about any person other than yourself, your employees, counterparties, your advisers or your suppliers, you must ensure that they understand how their information will be used, and that they have given their permission for you to disclose it to us and for you to allow us, and our outsourced service providers, to use it.

How do we collect your personal data?

The circumstances in which we can collect personal data about you include:

when you or your organisation seek our services;
when you or your organisation offer to provide, or provides, services to us;
when it is provided to us by a third party because you are the subject of, or your data is otherwise included in, the service we are asked to provide to that third party client;
when you correspond with us by phone, email or other electronic means, or in writing, or when you provide other information directly to us;
when you or your organisation browse, complete a form or make an enquiry or otherwise interact on our website or other online platforms;
when you attend our seminars or other events or sign up to receive personal data from us, including training;
by making enquiries from your organisation, other organisations with whom you have dealings such as former employers and educational institutions, or from third party sources such as government agencies, a credit reporting agency, information service providers or from publicly available records.

If you fail to provide personal data

Where we need to collect personal data by law or in order to perform a contract we have with you and you fail to provide that data when requested, we may not be able to carry out your instructions or perform the contract we have or are trying to enter into with you. In this case, we may have to cancel our engagement or contract you have with us, but we will notify you if this is the case at the time.

How will we use your personal data?

We use your personal data only for the following purposes:

To fulfil a contract, or take steps linked to a contract, with you or your organisation. This includes:

- to register you as a client;
- to provide and administer services or solutions, as instructed by you or your organisation;
- to process payments, billing and collection; and
- to process applications for employment.

As required by Birchin Insurance Brokers Limited to conduct our business and pursue our legitimate interests, in particular:

- to administer and manage our relationship with you;
- to carry out background checks, where permitted;
- to analyse and improve our services and communications and to monitor compliance with our policies and standards;
- to manage access to our premises and for security purposes;
- to protect the security of our communications and other systems and to prevent and detect security threats, frauds or other criminal or malicious activities;
- for insurance purposes;
- to exercise or defend our legal rights or to comply with court orders;
- to provide advice and services to our clients; and
- to communicate with you to keep you up-to-date on the latest developments, announcements, and other information about our services and solutions (including briefings, newsletters and other information), events and initiatives; to send you details of client surveys, marketing campaigns, market analysis, or other promotional activities; and
- to collect information about your preferences to personalise and improve the quality of our communications with you.

Please note that we will only provide you with marketing related information when we have a previous contractual relationship or a business relationship with you and provided you do not opt-out to receive those communications. You have the opportunity to opt-out at any time as explained in the “Right to withdraw consent” section of this Notice.

For purposes required by law, including maintaining records, compliance checks or screening and recording (e.g. anti-money laundering, financial and credit checks, fraud and crime prevention and detection, trade sanctions and embargo laws). This can include automated checks of personal data you provide about your identity against relevant databases and contacting you to confirm your identity, or making records of our communications with you for compliance purposes.

We will not use your personal data for taking any automated decisions affecting or creating profiles other than as described above.

Disclosure of your personal data

We share your personal data, in the following circumstances:

with our subsidiary undertakings and/or affiliates for the purposes of providing you with our services as described in this Privacy Notice;
with third parties including certain service providers we have retained such as IT consultants, translators, education evaluation services, couriers, or other necessary entities;
if we have collected your personal data in the course of providing our services to any of our clients, we may disclose it to that client, and where permitted by law to others for the purpose of providing those services;
on a confidential basis with third parties for the purposes of collecting your feedback on the firm’s service provision, to help us measure our performance and to improve and promote our services;
with companies providing services for money laundering and terrorist financing checks, credit risk reduction and other fraud and crime prevention purposes and companies providing similar services, including financial institutions, credit reference agencies and regulatory bodies with whom such personal data is shared;
with courts, law enforcement authorities, regulators, government officials or attorneys or other parties where it is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim, or for the purposes of a confidential alternative dispute resolution process;
with service providers who we engage within or outside of Birchin Insurance Brokers Limited, domestically or abroad, e.g. shared service centres, to process personal data for any of the purposes listed above on our behalf and in accordance with our instructions only;
if we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets to whom we assign or novate any of our rights and obligations.

Information we transfer

When we transfer your information to other countries, we will use, share and safeguard that information as described in this Notice. To provide legal and other services, we may transfer the personal information we collect to countries outside of the EEA which do not provide the same level of data protection as the country in which you reside and are not recognised by the European Commission as providing an adequate level of data protection. We only transfer personal information to these countries when it is necessary for the services we provide you, or it is necessary for the establishment, exercise or defence of legal claims or subject to safeguards that assure the protection of your personal information, such as European Commission approved standard contractual clauses.

All Birchin Insurance Brokers Limited offices throughout the world ensure a level of data protection at least as protective as that required in the European Economic Area.

Security of your personal data

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

We have also put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Updating personal data about you

If any of the personal data that you have provided to us changes, for example if you change your email address or if you wish to cancel any request you have made of us, or if you become aware we have any inaccurate personal data about you, please let us know by sending an email to [email protected]. We will not be responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

Your Rights

You have various rights with respect to our use of your personal data:

Access: You have the right to request a copy of the personal data that we hold about you. There are exceptions to this right, so that access may be denied if, for example, making the information available to you would reveal personal data about another person, or if we are legally prevented from disclosing such information. You are entitled to see the personal data held about you. If you wish to do this, please contact us using the contact details provided below.
Accuracy: We aim to keep your personal data accurate, current, and complete. Please contact us and let us know if any of your personal data is not accurate or changes, so that we can keep your personal data up-to-date.
Objecting: In certain circumstances, you also have the right to object to processing of your personal data and to ask us to block, erase and restrict your personal data. If you would like us to stop using your personal data, please contact us.
Porting: You have the right to request that some of your personal data is provided to you, or to another data controller, in a commonly used, machine-readable format.
Erasure: You have the right to ask us to erase your personal data when the personal data is no longer necessary for the purposes for which it was collected, or when, among other things, your personal data have been unlawfully processed.
Complaints: If you believe that your data protection rights may have been breached, you have the right to lodge a complaint with the applicable supervisory authority, or to seek a remedy through the courts.

You may, at any time, exercise any of the above rights, by contacting [email protected] or together with a proof of your identity, i.e. a copy of your ID card, or passport, or any other valid identifying document.

Right to withdraw consent

If you have provided your consent to the collection, processing and transfer of your personal data, you have the right to fully or partly withdraw your consent. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there is another legal ground for the processing.

To opt-out of receiving our marketing communications please follow the opt-out links on any marketing message sent to you or contact [email protected]. Opting out of receiving marketing communications will not affect the processing of personal data for the provision of our legal services.

How long we keep your personal data

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements and, where required for Birchin Insurance Brokers Limited to assert or defend against legal claims, until the end of the relevant retention period or until the claims in question have been settled.

Upon expiry of the relevant retention period we will securely destroy your personal data in accordance with applicable laws and regulations.

Changes to our Privacy Notice

We reserve the right to update and change this Notice from time to time in order to reflect any changes to the way in which we process your personal data or changing legal requirements. Any changes we may make to our Notice in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our Notice.

Contact Details

Questions, comments and requests regarding this Notice are welcomed and should be addressed to [email protected].