Identity Theft Assistance Terms and Conditions
These Terms and Conditions govern the provision of Identity Theft Assistance which is available to you as part of the Current Account Advance available from HSBC Bank plc. You do not have to use any of the Services available to you as part of the Identity Theft Assistance (as set out below), you can choose to use only part of the Services. By using the Services you consent to these Terms and Conditions. Identity Theft Assistance is provided by Affinion International Limited on behalf of HSBC Bank plc. These Terms and Conditions govern the relationship between you and Affinion International Limited in the provision of the Services (as set out below). As part of the Services you are entitled to one free credit report per calendar year. This report is provided by Callcredit Ltd and the terms on which they will provide that report will be made available to you upon your request for the credit report. You will need access to the internet in order to be able to request your credit report. 1. Definitions Where the following terms are used in these Terms and Conditions, they have the meanings given to them below. Affinion International means Affinion International Limited (registered in England with number: 1008797) whose registered office is at Charter Court, 50 Windsor Road, Slough, Berkshire, SL1 2EJ, United Kingdom. Callcredit Ltd means Callcredit Ltd (registered in England with number 3961870) whose registered office is at The Bailey, Skipton, North Yorkshire BD23 1DN. Callcredit Service Agreement means the terms and conditions governing the provision of the Credit Report Service, as explained in clause 3.3 below. Credit Report Service means the service provided by Callcredit as described in clause 3.3 below. Identity Theft means theft of your personal identification, National Insurance number, or other method of identifying you which has or could reasonably result in the wrongful use of such information, including but not limited to, theft occurring on or arising out of your use of the internet. Identity Theft Event means one or more occurrences of Identity Theft. Information means any information delivered to you as part of or during the provision of the Services. Online Risk Assessment Tool means the interactive online tool which may be used by you in order to provide an indication of your risk and likelihood of becoming a victim of Identity Theft, as referred to in clause 3.2 below. Web-Site means the website www.privacyguard.co.uk/advance. Services means the following Services provided to you in accordance with these Terms and Conditions: (i) Identity Fraud Advice Service to be provided to you by Affinion International; (ii) Online Risk Assessment Tool to be provided to you by Affinion International; and (iii) Credit Report Service to be provided to you by Callcredit Ltd. Term means that the Services will be available to you from the date on which you receive the debit card for your Current Account Advance and will continue until the earlier of: (i) the date on which your Current Account Advance is closed; or (ii) the date on which the Services are withdrawn by Affinion International in accordance with clause 5 below. UK means the United Kingdom, including Northern Ireland, Channel Islands and Isle of Man. Identity Fraud Advice Service means a telephone helpdesk service to answer your queries and provide general advice to you with regards to Identity Theft as described in clause 3.1 below.
2. Provision of Services 2.1 Affinion International (and where appropriate, Callcredit Ltd) will make available to you the Services for the Term, and where Affinion International is responsible for providing Services to you, it will use all reasonable skill and care in the supply of such Services. 2.2 The Services will only be offered to individuals with a Current Account Advance who are UK residents and aged 18 years and over. 3. The Services 3.1 Identity Fraud Advice Service 3.1.1 The Identity Fraud Advice Service will be available by calling 0845 607 2536 Monday to Friday 8am-8pm and Saturday 9am-5pm, excluding UK Bank Holidays. National call rates apply and charges will vary dependent on the telephone network service provider or whether you are calling from a mobile. Textphone is also available by calling 0845 600 0512. 3.1.2 The Service will be offered by trained consultants who will answer your questions or give advice on matters relating to Identity Theft. 3.1.3 The Identity Fraud Advice Service is not insurance and nothing in these Terms and Conditions will oblige Affinion International to compensate you or assume any risk of or in relation to an Identity Theft Event occurring. For the avoidance of doubt, Affinion International will not become involved in any dispute, negotiations or investigations with any third party, including a lender or any other investigatory body, if that third party disputes whether there has been an Identity Theft Event. 3.2 Online Risk Assessment Tool You will have access to bespoke online tools to determine your level of risk and likelihood of becoming a victim of Identity Theft. This is available on the Web-site. 3.3 Callcredit Service 3.3.1 The provision by Callcredit Ltd of one free credit report regarding your credit status per calendar year. 3.3.2 If you choose to take advantage of the Credit Report Service, it will be provided by Callcredit Ltd. You will need to register separately for this service, which you should do by going to the Web-Site. 3.3.3 The Callcredit website sets out the terms and conditions that will govern the provision of the Credit Report Service and you should read these terms and conditions carefully before you proceed with the Credit Report Service. 4. Establishment of Services 4.1 When you first make contact with Affinion International you will be asked to provide key information to enable Affinion International to verify your identity and Affinion International will ask you to set up security details so that Affinion International can identify you in the future. 4.2 You may be required to validate any subsequent request you make to Affinion International by providing the security details you have registered with Affinion International. Failure to provide such security details or other suitable validation will result in Affinion International refusing to act upon such a request. 4.3 If you have not registered security details with Affinion International you should contact Affinion International as soon as possible to ensure Affinion International is able to provide you with the Service to which you are entitled. 5. Right of Withdrawal Affinion International may withdraw your access to the Services if: (i) instructed to do so by HSBC Bank plc. In this instance HSBC Bank plc will notify you that it has instructed Affinion International to do so. (ii) you live outside of the UK.
6. Terms and Conditions Changes HSBC Bank plc will notify you in writing regarding any changes to these Terms and Conditions, giving you at least 30 days notice in advance of them taking effect. 7. Choice of Law For Current Account Advance held in England, Wales and Northern Ireland, these Terms and Conditions are governed by the laws of England and Wales. For Current Account Advance held in the Channel Islands and the Isle of Man, the local law of the island where your accounts are held will apply. Alderney and Sark are governed by the laws of the Bailiwick of Guernsey. Affinion International and you submit to the non-exclusive jurisdiction of the courts of England and Wales, or the Isle of Man, Jersey or Guernsey as appropriate. We are required by law to tell you that the terms and conditions are in English and we will communicate with you in English. 8. Complaint Handling If you have a complaint about the Identity Theft Assistance Services please contact Affinion International on 0845 607 2536 (national call rates apply and charges will vary dependent on the telephone network service provider or whether you are calling from a mobile) or write to: Customer Services Manager, Sentinel House, Airspeed Road, Portsmouth, Hampshire, PO3 5RF. Affinion International will always respond to any written complaints within 2 working days and do their best to resolve the problem within 10 days. Affinion International will acknowledge and do their best to resolve all telephone complaints at the time of calling, otherwise within 10 days. 9. Limitation of Liability 9.1 Nothing in these Terms and Conditions in any way limits or excludes Affinion International s liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited (including your statutory rights details which can be obtained from your local Trading Standards Office or Citizens Advice Bureau). 9.2 Affinion International will not be liable for any losses arising from our inability to provide the Services in the event of war, terrorism, invasion, an act of foreign enemy, hostilities (whether war be declared or not), riot, strike, civil commotion, civil war, revolution, insurrection or military or usurped power or for any reason that is beyond our reasonable control. 10. General 10.1 Any failure by Affinion International to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. 10.2 If any provision of these Terms and Conditions is found by a competent jurisdiction to be invalid, then the remaining provisions shall remain in full force and effect. 10.3 A person who is not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms and Conditions. 11. Call Monitoring You are advised that any telephone calls made to Affinion International may be recorded. These recordings may be used to monitor the accuracy of information exchanged between Affinion International customers and its own staff. They may also be used to allow additional training to be provided to Affinion International staff, for quality control purposes and in the investigation of any complaints or queries regarding the Services.
12. Data Protection 12.1 The details you supply will be stored securely and used by Affinion International to enable the provision of the Services to you. 12.2 Information may be disclosed to: 12.2.1 regulatory bodies or other third parties where required by applicable law or regulation; 12.2.2 your bank or card issuer; 12.2.3 any company that merges with Affinion International or takes over Affinion International by way of takeover or corporate restructure; 12.2.4 Callcredit Ltd for the purposes of providing the Services. 12.3 You are entitled to a copy of all of the information held about you for which Affinion International may charge you 10. 12.4 By using the Services you give your consent to HSBC Bank plc providing your updated account information and related data to Affinion International for the purposes of providing the Services. You also give your consent to the transfer of data outside of the EEA to the USA for the purpose of data processing. For more information about Affinion International s data processing activities, please write to Customer Services Manager, Affinion International, Sentinel House, Airspeed Road, Portsmouth, Hampshire, PO3 5RF.
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