Terms & Conditions

TERMS & CONDITIONS for access and use of EMpower

Please read these Terms & Conditions - they contain important information and requirements (including obligations as to privacy and personal information) and apply to your access and use of EMpower.

1. Welcome to the EMpower portal, which is a section within the Employers Mutual Limited ("EML") website which provides employers having workers compensation insurance arrangements under which claims are managed by EML or certain of EML’s corporate entities (and for the purposes of these terms and conditions, those employers will be referred to as "Members") with access to claims and policy management and member benefits tools, functionality and information. EMpower is also available as an app for mobile phones and other devices.

2. These Terms & Conditions shall be referred to as the "Terms". The EMpower portal section of the EML website, and also the EMpower app mentioned above, as well as the tools and functionalities available within the portal and also the app, shall be referred to as "EMpower". In these Terms, a reference to "You" means a reference to you as user of EMpower (You have been provided with a login and a password, as either a Primary User or a Secondary User). A reference to "EML" or "We" means a reference to EML and to all of its associated entities as that term is used in the Corporations Act.

3. EML holds Personal Information and it takes its obligations regarding the privacy and confidentiality of such information very seriously. In accessing EMpower, You have obligations concerning privacy and personal information. All people who make available any Personal Information to EML (or its related entities) as a workers compensation claims manager have a right to privacy with respect to their information and We therefore seek to ensure that this right is respected and that their Personal Information is treated and handled in accordance with applicable privacy laws and in accordance with the confidential nature of such information.

4. In these Terms, a reference to "Personal Information" means a reference to any information to which You are exposed in the course of accessing or using EMpower which identifies or could identify any person – importantly, it includes information concerning the health of, medical information relating to, an insurance or workers compensation claim lodged by or in respect of, or payments made or withheld in respect of, any person. Whilst in most cases, Personal Information will be in connection with workers or other persons who are or may have been injured, please be aware that such information pertaining to any other individuals is also Personal Information within the meaning used in these Terms.

You have access to EMpower and are bound by these Terms

5. You have been granted access to EMpower through issue of Your login and password. In accessing EMpower, You agree to adhere to all of these Terms including the provisions as to privacy and confidentiality.

6. You agree to access and use EMpower and the information provided in it solely for the purposes of

6.1 Your involvement in insurance or workers compensation claims management processes for and on behalf of a Member (typically, Your employer) in the ordinary course of business; and

6.2 lodging claims and related documentation, remaining aware of the progress of claims, the payment of premium and managing renewals where applicable, obtaining data for accounting or payments purposes for and on behalf of one of our Members, and using related functionality within EMpower;

for the purposes of Your involvement in Your employer’s workers compensation claims management processes and not for any other purpose whatsoever.

7. All of the rights of EML are hereby reserved and if EML has reasonable grounds to suspect that You have misused or disclosed any Personal Information to which You have been exposed by virtue of your access to EMpower (or if You have otherwise breached these Terms) then We may take such steps as are in our opinion reasonable in order to help safeguard the current or future privacy of any individuals including referring the matter to the police force or other appropriate authorities.

Users – Primary Users and Secondary Users

8. Each of our Members designates a staff member to be the Primary User. EML will issue only one Primary User password and logon.

9. 9.1 If You are the Primary User, then You may designate additional users to have access to EMpower. Each additional user must be on the staff of the same employer Member. These additional users are Secondary Users. If You wish to designate any Secondary Users then please send an email to our Client Services Team at clientservicessa@eml.com.au with the details (name, role, contact number and email) of the individuals whom You wish to designate as Secondary Users and please note we reserve the right to limit the number of Secondary Users which may be designated for each Member as we see fit. Please be aware that in requesting that any Secondary User be authorised to access EMpower then You as Primary User must take the steps detailed in paragraph 11 below.

9.2 As Primary User, You may arrange for a new alternative Primary User to access EMpower. There may only be one Primary User at any one time. We shall endeavour to arrange for an alternative Primary User following a request by the existing Primary User, within 2 business days following a valid request. In order to make such a request by email (including the details of the new Primary User) to our Client Services Team at clientservicessa@eml.com.au

10. If You are the Primary User who has arranged for a Secondary User to be authorised to access EMpower, You can at any time request that the Secondary User’s access be discontinued. We shall endeavour to discontinue access within 2 business days following a valid request. In order to make such a request by email (including the details of the relevant Secondary User) to our Client Services Team at clientservicessa@eml.com.au

11. If You are the Primary User, You are required to bring these Terms to the attention of any Secondary User who has been provided with access to EMpower. Please ensure that any Secondary User reads and understands these Terms.

12. EMpower features and functionality may change from time to time. We reserve the right to provide different levels of access to EMpower features and functionality to Primary Users and Secondary Users at any time, as We see fit at our discretion. We also reserve the right to stipulate a requirement for additional password and logon details for areas within the website if We deem it appropriate. We may update these Terms from time to time, including to incorporate detail as to different access levels.

13. These Terms apply to You whether You are a Primary User or a Secondary User. You must adhere to these Terms. If your access has been discontinued then You must continue to adhere to these terms even whilst You can no longer access EMpower (including to maintain privacy and confidentiality with respect to any Personal Information to which You have been exposed during the time You had access to EMpower).

14. EML reserves the right to discontinue access to EMpower to any user or to any Member in its absolute discretion, including where EML suspects that any of these Terms have been breached or if Personal Information is not being treated strictly in accordance with these Terms.

EML & Personal Information

15. EML respects the privacy and confidentiality of all Personal Information that it holds with respect to the employees, contractors and staff of Members. For details as to how EML treats Personal Information please see the link referred to paragraph 22 below.

Privacy & Confidentiality

16. From time to time, in accessing EMpower for the purposes of paragraph 6 above You may obtain access to Personal Information with respect to an individual.

You must:

respect the confidentiality of Personal Information;

take all reasonable steps to safeguard the confidentiality and privacy of any Personal Information.

ensure that whenever You reproduce or repeat any Personal Information obtained from EMpower, any personal details are removed such that the identity of any person to whom such information pertains is not apparent;

only reproduce or copy any Personal Information as strictly necessary for the purposes identified in paragraph 6 of these Terms, and ensure that any reproduction or copy is kept in a secure location to which general access is not provided; and

ensure that when reproductions or copies are no longer required for the purposes in paragraph 6, they are destroyed securely.

You must not share or discuss any Personal Information with any other person (except for employees or agents of EML as required for the ordinary conduct or case management of a claim).

You are also reminded of the provisions of paragraph 7 above.

17. Importantly, by virtue of Commonwealth and State laws relating to confidentiality, unauthorised use of information and privacy (including applicable workers compensation legislation requirements preventing the use of any information except as permitted by the legislation for a purpose arising under that legislation, the breach of which may constitute an offence under that legislation) – collectively, referred to as Privacy Law – most of our Members including private sector and government employers are subject to duties concerning confidentiality and privacy in the collection, use and disclosure of Personal Information. You (and Your employer) are required to observe Privacy Law and to act in accordance with it at all times. These Terms are not intended to supplant Privacy Law nor to be a guide to complying with it. However, You or Your employer may be in breach of Privacy Law if You do not comply with these Terms.

Passwords and logon details

18. Login details and passwords (together, referred to as Logon Information) issued by EML are unique to each person authorised to use EMpower.

19. You must ensure that the Logon Information You use to access EMpower remains confidential and secret so that it is only known by You. Never share Logon Information for any purpose whatsoever. Never write down Logon Information or leave it in any location where others may find or access it. If it is determined that there has been a disclosure or misuse of any Personal Information which has been occasioned through a use of Your Logon Information then You may be held responsible (including for any loss or damage arising).

20. If for any reason You feel Your password has been compromised (that is, may be known to anyone other than You) then please change Your password immediately by using the "Forgotten Password" link on the logon page which will allow You to select a new password. Alternatively, You may logon to EMpower and then select the ‘My Details’ tab at the top of the page and use the Change Password button which is in the My Details section. If You hold concerns that Your password may have been misused then please contact our Client Services Team immediately by email on clientservicessa@eml.com.au

Important Notice - DISCLAIMER

21. Whilst EML seeks to take appropriate measures to ensure that EMpower and the information within it is up to date and accurate, to the maximum extent permissible by law EML hereby expressly disclaims any and all liability of EML and of its associated entities, employees, contractors, directors and agents for any loss or damage arising from Your use of or access to EMpower or from any error or omission within EMpower (whether such loss or damage arises due to negligence or otherwise). Additionally, EML and its employees, contractors, directors and agents are not liable for any loss or damage occasioned to any person as a result of Your failure to observe any of these Terms including the provisions as to privacy and confidentiality.

Finally, please be aware of the EML website Privacy statement and Terms & Conditions.

22. These Terms are not intended to replace either the Privacy statement or the Terms & Conditions which apply within the EML website. The statement and the terms – which can be accessed by clicking on the links at the foot of web pages within the EML website – continue to apply to all users of the EML website, including to EMpower users.

Questions, comments or complaints?

Questions or concerns regarding EMpower users or Logon Information should be directed to:

Client Services Team

Email: clientservicessa@eml.com.au

Should You have any concerns, questions, comments or complaints in connection with privacy or the requirements relating to Personal Information, then please contact our National Privacy Officer as follows:

online at: privacy@eml.com.au

by post to: The EML Group Privacy Officer

C/o the Risk Management Department

EML

Level 3, 345 George Street

Sydney NSW 2000.

Copyright © 2013 Employers Mutual


EMpower Tools
Notice & Disclaimer

This material has been provided through the Tools section of Employers Mutual’s EMpower website (“Material”). The Material has been prepared by Employers Mutual Limited and/or one or more of its related entities (“Employers Mutual”) or prepared by a third party and made available through EMpower. Whilst Employers Mutual has made reasonable efforts to ensure the quality and accuracy of the Material, please be aware that it is provided as a guide only and that it may be subject to change (and from time to time the changes are outside the control of Employers Mutual). The Material has not been prepared taking any person’s specific circumstances into account and does not constitute legal or financial advice. Employers Mutual expressly disclaims any warranties or representations and assumes no responsibility for any errors or omissions in the Material (whether prepared by Employers Mutual or by a third party and made available through EMpower including by links to third party sites or content). To the extent permitted by law, Employers Mutual excludes all liability for, and shall not be held responsible for, any direct, indirect, incidental, consequential or other loss or damage resulting from reliance on or use of the Material. This Disclaimer does not serve to replace any Terms of Use applicable to the EMpower website. Such terms of use continue to apply to your access to this Material.

Please note that Employers Mutual has ownership of and/or intellectual property interests in some of the Material, and Employers Mutual is prepared to take action if required to protect its rights in the Material. It is not to be utilised by any person other than Employers Mutual members, customers and their personnel who have access to EMpower. The Material is not to be reproduced, adapted or re-supplied without express permission from Employers Mutual. Some of the Material has been prepared by a third party (for example, WorkCover NSW’s PIAWE form) and Employers Mutual requests that users respect the intellectual property rights of such third parties at all times. Copyright in the material prepared by Employers Mutual is maintained.

© Employers Mutual Limited 2013