Policy Protect and Assist Page 5/47
On being notified of a change, the Insurer will tell the Insured if this change has a significant bearing on the risk.
If so, the Insurer has the right to cancel the Insured’s Policy in accordance with the Cancellation provisions or
propose amendments to the terms of the Insured’s Policy, including an increase in premium. If the Insured does
not agree the proposed amendment(s) within fourteen (14) days of it being notified of them, the Insurer may
cancel the Policy in accordance with the Cancellation provisions.
If the Insured does not inform the Insurer about a change in accordance with this provision and such change had
a significant bearing on the risk, the Insurer has the right to reject any claim the Insured makes if that claim arises
out of an Insured Journey which commenced after the date of the change in circumstances.
2.5 Fair Processing Notice
This Privacy Notice describes how XL Insurance Company SE and Xl Insurance Company UK Limited (for the
purpose of this notice “we”, “us” or the "Insurer") collect and use the personal information of insureds, claimants
and other parties (for the purpose of this notice “you”) when we are providing our insurance and reinsurance
services.
The information provided to the Insurer, together with medical and any other information obtained from you or
from other parties about you in connection with this policy, will be used by the Insurer for the purposes of
determining your application, the operation of insurance (which includes the process of underwriting,
administration, claims management, analytics relevant to insurance, rehabilitation and customer concerns
handling) and fraud prevention and detection. We may be required by law to collect certain personal information
about you, or as a consequence of any contractual relationship we have with you. Failure to provide this
information may prevent or delay the fulfilment of these obligations.
Information will be shared by the Insurer for these purposes with group companies and third party insurers,
reinsurers, insurance intermediaries and service providers. Such parties may become data controllers in respect
of your personal information. Because we operate as part of a global business, we may transfer your personal
information outside the European Economic Area for these purposes.
You have certain rights regarding your personal information, subject to local law. These include the rights to
request access, rectification, erasure, restriction, objection and receipt of your personal information in a usable
electronic format and to transmit it to a third party (right to portability).
If you have questions or concerns regarding the way in which your personal information has been used, please
We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If,
however, you believe that we have not been able to assist with your complaint or concern, you have the right to
make a complaint to the UK Information Commissioner's Office or relevant Data Protection Authority.
For more information about how we process your personal information, please see our full privacy notice at:
https://axaxl.com/privacy-and-cookies.
Brokers, Intermediaries, Partners, Employers and Other Third Parties
If you provide us with information about someone else, we will process their personal information in line with the
above. Please ensure you provide them with this notice and encourage them to read it as it describes how we
collect, use, share and secure personal information when we provide our services as an insurance and reinsurance
business.
2.6 Duty of Fair Presentation
The Insured has a duty under Section 3 of the Insurance Act 2015 to make a fair presentation of the risk to the
Insurer.
(a) If, prior to entering into this Policy, the Insured shall breach the duty of fair presentation, the remedies
available to the Insurer are set out below.
(i) If the Insured’s breach of the duty of fair presentation is deliberate or reckless:
1. The Insurer may avoid the contract, and refuse to pay all claims; and,
2. The Insurer need not return any of the premiums paid.