O2

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If you end your Pay Monthly Mobile Agreement during your Minimum Period then you will have to pay an early termination fee. This will be the number of months left in your Minimum Period multiplied by the price of your tariff.

The following terms and conditions apply from 1 June 2008

By Using the Service you will be deemed to have accepted these terms and conditions. Please note these terms and conditions are updated from time to time. Changes will be posted on our website at www.o2.co.uk/terms. Please check these regularly as continuing to use the Service after changes have been posted on our website will mean that you agree to these terms as amended.

1. Explanation of Certain Words

   1.1 In these Terms and conditions:

   "Account"
   means the account which records details of the amount of credits you have, from time to time;

   "AIT"
   means Artificially Inflated Traffic and occurs where the flow of calls to any particular revenue share service is, as a result of any activity on or on behalf of the party operating that revenue share service, disproportionate to the flow of calls which would be expected from good faith commercial practice and usage of the Network;

   "Charges"
   means all the charges associated with the Service described in the Price List;;

   "Content"
   means textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Service including all information supplied by content providers from time to time;

   "GSM Gateway"
   means a device (not designed or adapted to be capable of being used whilst in motion) for wireless telegraphy designed or adapted to be connected by wireless telegraphy to the Network or the cellular telecommunications system of another network operator and used solely for the purpose of sending or receiving messages conveyed by means of the Network or the cellular telecommunications system of another network operator;

   "Mobile Phone"
   means a cellular telephone and a SIM Card approved by us for connection to our Network;

   "Network"
   means the cellular telecommunication system run by us;

   "Price List"
   means our periodically updated list of charges for the provision of the Service to customers;

   "Registration"
   means our acceptance of your application to register with us for the Service once you purchase call time from us and "Register" has a corresponding meaning;

   "Rights"
   means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content;

   "Service"
   means any or all (as the case may be) of the following services: airtime service enabling you to make or receive calls and to send and receive data by means of the Network, the ability to send and receive email via the Internet, the ability to access information from the Internet and any additional services we agree to provide to you;

   "SIM Card"
   means the card or other device bearing a unique telephone number programmed to allow a Mobile Phone to access the Service;

   "Terms and conditions"
   means these terms and conditions and our current Price List;

   "User Guide(s)"
   means any guides or documentation supplied with your Mobile Phone/SIM card either by us or by the manufacturer of your Mobile Phone, which explain to you how the Service works, how to purchase call time and/or how to use your Mobile Phone;

   "Using the Service"
   means when your Account is first activated or when the Mobile Phone or SIM card is received by you, if later;

   "Voucher"
   means a call time voucher of the type described in your User Guide(s) which represents call time;

   "WAP Services"
   means services provided via Wireless Application Protocol (a secure specification that allows users to access Content via handheld devices such as a Mobile Phone);

   "Web Services"
   means services provided from our Website www.o2.co.uk and any additional websites linked from our Website.

   "We", "us" and "our"
   means Telefónica UK Limited of 260 Bath Road, Slough SL1 4DX; Registered in England under No. 1743099;

   "You"
   means the customer to whom the terms and conditions apply, and it includes a person who we reasonably believe is acting with your authority.

   1.2 The Price List contains explanations, definitions, notes and conditions which form part of these terms and conditions. A copy of the Charges is available when you purchase your Mobile Phone and will be included in your welcome information or may be obtained by visiting our website www.o2.co.uk.
   1.3 All services, offers and promotions are subject to additional terms and conditions advertised in our marketing literature and on our website www.o2.co.uk. Please check our site regularly as these terms are updated from time to time.
   1.4 Use of WAP Services and Web Services are subject to our WAP and Web Services terms and conditions respectively, available to view on our Website. Please check our Website regularly as these terms are updated from time to time.
   
2. Provision of Service
   2.1 The Service is not available in all parts of the United Kingdom, nor in all other countries and may be restricted to certain areas within those countries where access to the Service is possible. If you use your Mobile Phone abroad, you will be charged for incoming calls. You may be charged to receive certain premium rated text messaging services.
   2.2 We may using reasonable skill and care exercise our discretion to refuse to provide any part of the Service to you (and this may involve barring certain numbers from the Service on a temporary or permanent basis, in circumstances where it is necessary for us to do so). Service is not fault free and it may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control and you will be entitled to the quality of Service generally provided by a competent mobile telecommunications service provider exercising reasonable skill and care.
   2.3 We will do our best to provide Service to you and any additional service requested by you (such as roaming) or if you instruct us to change your Service (e.g. to bar calls) by any date we have agreed with you but our ability to do so may be affected by circumstances beyond our control and we will not be liable to you if this is the case.
   2.4 Our Network may from time to time require upgrading, modification, maintenance or other work which may result in partial or complete non-availability of the Service.
   2.5 Until such time as you Register with us, but limited to a period of 3 months from the date you purchase your Mobile Phone, you may use your Mobile Phone to make emergency calls or calls to us to purchase call time.
   2.6 We or our agents may record or monitor telephone calls between you and us (or our agents) for training, quality control and our lawful business purposes.
   2.7 If you experience any difficulties with your Mobile Phone within 1 year of purchasing it, you should contact the manufacturer for replacement or repair under the manufacturer's warranty service detailed in the User Guide(s). This does not affect your statutory rights. If you bought your Mobile Phone or SIM Card directly from us and it is defective, not in accordance with any description given to you by us, not reasonably fit for purpose or it develops a fault you will be able to return it for repair and, if appropriate, replacement or refund. Please contact O2 Customer Service for details. You should call us as soon as possible if any of the circumstances above apply to you to ensure that you are able to exercise any rights you have.
   2.8 We will use reasonable endeavours to maintain Content but it may be incomplete, out of date or inaccurate and is provided on an "as is" basis. It is a condition of us allowing you access to Content that you accept that we will not be liable for any action you take in reliance on Content.
   2.9 We may vary Content or the technical specification of Service from time to time.
   2.10 The Service enables access to Content. You may only use Content in a way that does not infringe the Rights of others ('Approved Use') and you must comply with all other instructions issued by us regarding use of Content. You shall not store, modify, transmit, distribute, broadcast, or publish any part of Content other than for an Approved Use. The re-selling, copying or incorporation into any other work of part or all of the Content in any form is prohibited save that you may print or download extracts of Content for your personal use only.
   2.11 You are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties over the Service. We will not be a party to or in any way responsible for any transaction concerning third party goods and services, except in the case of negligence on our part.
   2.12 If you use the O2 Online eCare service via the O2 Online shop it is a condition of this Agreement that you provide us with a current email address for billing purposes and that you maintain this address and advise us promptly of any changes to it. It is your responsibility to verify that your email mailbox is in proper working order and you must assume the risk of all consequences for errors in sending and receiving email, unless caused by our negligence.
   2.13 Not all Mobile Phones will be able to receive the Service.We only agree to provide the Service to Mobile Phones of a make and type approved by us.
   2.14 You may ask us to include your Mobile Phone number in a telephone directory and/or a directory enquiry service. However, you should be aware that, if you request this service (for which we may charge a fee) your number will be made accessible to companies that compile information for marketing purposes. If you are worried about this, you can prevent it from happening by registering your mobile phone number with the Telephone Preference Service on www.tpsonline.org.uk If you want your mobile phone number to be included in a directory and/or a directory enquiry service, please contact Customer Services.
3. Payment for the Service
   3.1 You pay for the Service by purchasing a Voucher and registering it with us or by purchasing call time using your E Top-up, credit card or debit card all methods as described in the User Guide(s) or by any other method approved by us from time to time.
   3.2 Each time you incur charges, the credits that are registered on your Account will be reduced according to the duration of the call/message and the type of call/message by reference to the charges shown in the Price List.
   3.3 Top-ups by credit or debit card can be in increments of £1, subject to a minimum of £10. Call time purchased by debit card or credit card will be credited to your Account, subject to our carrying out our usual security checks. We will not have any obligation to make a refund to you where you purchase more call time than you intend, for whatever reason.
   3.4 If you wish to stop using the Service at any time after the 14 day Trial Period, there will be no refund of unused call time.
   3.5 You may be charged to receive certain premium rated text messaging services and multi media messaging services. We will not notify you of call charges for premium rate services operated by third parties. Details of these charges and any changes will be available on our website (http://www.o2.co.uk/premiumnumberpricing). Please check these before calling premium rate numbers.
   3.6 If you change tariffs for any reason (e.g. when upgrading or moving to a promotional offer) you may not be able to move back to your old tariff.
4. Things we may have to do
   4.1 Occasionally we may have to:
   1. alter the number of your Mobile Phone, or any other name, code or number associated with the Service for reasons beyond our control such as where requested to do so by a governmental authority or regulatory body or where we reasonably believe that the alteration will enhance your use of the Service. If this is the case we will give you reasonable notice;
   2. temporarily suspend the Service (or any part of it) for operational reasons or in an emergency or for your security;
   3. bar certain numbers from the Service on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer direct loss.
   4.2 From time to time we may have to migrate your Account from one billing platform to another. In these circumstances we will notify you if migration of your Account will affect your Service in any way.
5. Your Responsibilities
   5.1 You must use your Mobile Phone and any replacement Mobile Phone and the Service in the way described in the User Guide(s) or any other instructions issued by us. From time to time it may be necessary for us to amend or supplement our instructions to you on the introduction or withdrawal of products and/or services, for reasons of security or to prevent fraud. It is important that you read and understand the information contained in the User Guides and other instructions as they will apply to your use of the Service from when you Register your Mobile Phone with us.
   5.2 You agree:
   1. and warrant that all factual information you provide to us is correct;
   2. not to make a call or send a message or to take pictures or video or send, upload, download, use or re-use any material, which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance (including to our staff) or a hoax in breach of any Rights or privacy or otherwise unlawful
   3. that the SIM Card is supplied to you under licence and shall at all times remain our property;
   4. to contact O2 Customer Service immediately if your SIM Card or your Mobile Phone is lost, stolen, damaged or destroyed or likely to be used in an unauthorised manner and to cooperate with us in our reasonable security and other checks.
   5.3 If your Mobile Phone or your SIM Card is lost, stolen, damaged or destroyed or used without your authority, we shall have no obligation to make a refund to you of the credits left on your Account.
   5.4 We recommend that you purchase insurance cover for your Mobile Phone to cover loss, theft, and accidental damage on your Mobile Phone. This is available through us at point of purchase or upgrade. Contact O2 Customer Service for details.
   5.5 You must not use or permit anyone else to use your Mobile Phone or the Service
   1. fraudulently, or in connection with a criminal offence, in breach of any law or statutory duty;
   2. to make a call or send a message to take a pictures or video or send, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance (including to our staff) or a hoax, in breach of any Rights or privacy or otherwise unlawful;
   3. to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003;
   4. other than in accordance with acceptable use policies of any connected networks and (if appropriate) any relevant Internet standards;
   5. to generate AIT; or
   6. via a GSM Gateway so that the Service is provided via the GSM Gateway to third parties;
   7. to persistently send automated unsolicited communications.
   5.6 You must tell us immediately by writing to The Data Controller at Telefónica UK Limited, 260 Bath Road, Slough SL1 4DX or by emailing mycare@o2mail.co.uk, if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Service or the Content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
6. Assignment
   You may transfer your Account with us to a third party provided you first contact O2 Customer Service to tell us and the third party calls us to Register with us. Once the third party has Registered with us, he/she will be deemed to have accepted the terms and conditions. We shall be entitled to assign or transfer our rights under this Agreement or any part of it on the same terms to any third party.
7. Our Rights to Bar or Disconnect Your Mobile Phone
   7.1 If you do not make or receive a chargeable call at least once in any 6 month period your Mobile Phone will be disconnected and you will lose any remaining credits balance on your Account. If you wish to be re-connected after this time you will be given a new Mobile Phone number.
   7.2 We may at our discretion bar or disconnect your Mobile Phone if we have reasonable cause to suspect fraudulent use of a credit card/debit card, your SIM Card or Mobile Phone.
   7.3 In addition to anything else we can do, we may bar or disconnect your Mobile Phone at any time if:
   1. you fail to comply with the Terms and Conditions in any material way; or
   2. you telephone us to report that your SIM Card or your Mobile Phone is lost, stolen, damaged or destroyed; or
   3. if you are persistently abusive, make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally towards our staff or property, or that of our agents; or
   4. you use or permit any other person to use the Service to generate AIT; or
   5. you use or permit any other person to use the Service via a GSM Gateway so that the Services are provided via the GSM Gateway to third parties; or
   6. if you do anything or permit anyone else to do anything which we reasonably think adversely impacts the Service to other O2 customers or may adversely affect the Network.
   7.4 If your Mobile Phone is disconnected and you wish your Mobile Phone to be reconnected to the Network, you must contact O2 Customer Service If we agree to reconnect you, you must pay a reconnection fee unless the disconnection was due to our negligence. Details of the current charge is available on request.
8. Your Right To Return Your Mobile Phone
   8.1 Within 14 days of purchase of your Mobile Phone/SIM card ("the Trial Period") you may return your Mobile Phone/ SIM card to the place where you bought it from to obtain a refund of the price paid, provided the Mobile Phone/SIM card is undamaged, in good working order, in the original packaging and complete with all original parts and you have you have proof of purchase. If you bought your Mobile Phone/SIM card directly from us, We will bear the cost of returning the Mobile Phone/SIM card to us if you follow our returns procedure (Contact O2 Customer Service to arrange this or see www.o2.co.uk/Help/YourOrder if you ordered your Mobile Phone/SIM card via the online shop). If you do not follow our returns procedure you will bear the cost.
   8.2 Subject to clause 7, we will refund to you the money equivalent of all credits left unused on your Account (excluding any free call time which you received) within 28 days of your returning your Mobile Phone/SIM card.
   8.3 As a consumer of goods and services you are entitled to certain statutory rights, for example, the right to return defective goods to us, if bought from us, and the supply of Service by us using reasonable care and skill. The provisions of this clause 8 do not affect your statutory rights.
   
9. Limitation of Liability
   9.1 We have no liability to you other than to exercise the reasonable skill and care of a competent mobile telecommunications provider or retailer.
   9.2 We do not accept liability for indirect loss, such as loss of profit, loss of business, costs, expenses (unless such losses were reasonably foreseeable to both of us when this contract was entered into), or any other form of economic loss.
   9.3 You agree that O2 has no responsibility for the deletion, loss or corruption of any Content transmitted or maintained by the Network, unless this is caused by our negligence.
   9.4 We accept liability for death or personal injury to any person resulting from our own negligence.
   9.5 If we are found liable to you, our liability to you under the terms and conditions will not exceed £3,000, except if we are found to be liable to you under Clause 9.4.
   9.6 Each provision of this Clause 9 operates separately. If any part is found by a Court to be unreasonable or inapplicable the other parts will continue to apply.
   
10. Matters Beyond Our Reasonable Control
    If we cannot provide the Service to you because of something beyond our reasonable control, we will not be liable to you for this.
11. Changes to the terms and conditions
    11.1 Subject to clause 11.4 below we may increase or decrease our Charges at any time (including the introduction of charges for aspects of the Service previously provided free). Where we increase the Charges for the elements of the Service you are using we will notify you before the changes become effective. Notification will be via text message or by email (if you have registered your email address with us).
    11.2 We reserve the right to change our terms and conditions of Service from time to time. We will notify you of any changes to these terms by posting them on our website at www.o2.co.uk/terms. In addition to this we may also notify you by messages on our IVR top-up system, messages via the Service (such as voicemail, text or media message) by means of national advertising campaigns or by email.
    11.3 If we vary any of the Charges or change the terms and conditions to your disadvantage, you may stop using the Service.
    11.4 We will not notify you of call charges for premium rate services operated by third parties. Details of these charges and any changes will be available on our website (http://www.o2.co.uk/premiumnumberpricing). Please check these before calling premium rate numbers.
12. General
    12.1 If you do not want your number displayed on receiving Mobile Phones, before every call Key 141 before the number you wish to call. Otherwise you agree that our Network may allow the display of your telephone number on receiving handsets. Please note your number will be disclosed in relation to calls you make to emergency services.
    12.2 If either of us fails to enforce any rights under the terms and conditions, it shall not prevent either you or us (as the case may be) from taking action later.
    12.3 Maximum call duration is 9 hours.
    12.4 These terms and conditions are governed by the laws of England and Wales.
    12.5 If you want to complain please contact O2 Customer Service either by telephone or by writing to Complaint Review Service, PO Box 116, Leeds, LS11 5DS. Alternatively, you can email us at mycare@o2mail.co.uk. Please include your mobile number in any correspondence. If we do not resolve your complaint you may contact the Telecommunications Ombudsman. You can find their details at www.os-communications.org.uk. However Ombudsman Services: Communications will only deal with your complaint if it remains unresolved after 8 weeks or a deadlock situation has been reached.
13. Tariff transfer and Mobile Phone locking
    13.1 If you wish to transfer to another O2 tariff, please contact O2 Customer Service, for applicable qualifying criteria and charges.
    13.2 Your Mobile Phone is likely to be locked to the Network. If this is the case, you must not insert another operator's SIM card into the Mobile Phone without an unlatching code (which is not your PIN code). We will on request provide an unlatching code after a qualifying period. Failure to enter the correct unlatching code may result in your Mobile Phone becoming permanently blocked. We can accept no responsibility for Mobile Phones blocked in this way. Contact O2 Customer Service for further information on the qualifying period, applicable conditions and charges. This clause 13.2 does not apply if you have purchased a SIM card only and, at the time of purchase of the SIM card, you are connected to a network other than the O2 Network.
14. Internet Access
    If you have a Mobile Phone which enables access to the Internet (Mobile Internet Phone) the following terms and conditions also apply to you.
    14.1 Certain parts of the Service are only available if you register with O2 Online, an internet service provider at http://www.o2.co.uk. The terms and conditions of Internet service may be obtained by accessing the website or by calling O2 Customer Service.
    14.2 We or our contractual partners may provide links to other web sites or resources. We neither accept responsibility for third party web sites or resources nor endorse their content.
    14.3 For Internet access, you understand that all the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Service ('Information') whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Information originated. This means that you, and not us, are entirely responsible for all Information that you upload, email or otherwise transmit via Internet access.
    14.4 Your dealings with, and interest in, promotions, services, or merchants found by using your Mobile Internet Phone on or via the Internet, unless explicitly stated by us, are solely between you and the person with whom you are dealing. We will not be responsible for any losses or damages that may arise from any such dealings with third parties.
    14.5 Access to secure financial transactions will be dependant on the make and model of your Mobile Internet Phone and the third party supplier of Content.
15. Use and Disclosure of Information
    15.1 You authorise us to use and disclose, in the UK and abroad, information about you, your use of the Service (including, but not limited to, phone numbers/email addresses of calls, texts and other communications "Communications" made and received by you and the date, duration, time and cost of such Communications), how you conduct your account and the location of your Mobile Phone for the purposes of operating your account and providing you with the Service or as required under law to our associated companies or agents, any telecommunications company, debt collection agency or credit reference agency. You agree that the information may be used by other parties in assessing applications for credit from you and members of your household and for debt tracing, credit management and may be used by us or other parties for crime and fraud detection and prevention.
    15.2 You also agree to the information described in clause 15.1 being used, analysed and assessed by us, and the other parties identified in clause 15.1 and selected third parties for marketing purposes including amongst other things to identify and offer you by phone, post, the Network, your Mobile Phone, email, text (SMS), media messaging, automated dialling equipment or other means, any further products, services and offers which we think might interest you. If you do not wish your details to be used for marketing purposes, please write to us; c/o The Data Controller, Telefónica UK Limited, 260 Bath Road, Slough SL1 4DX or you can email us at mycare@o2mail.co.uk stating your full name, address and Mobile Phone number.
    15.3 Some services may require the disclosure of information about the location of your Mobile Phone. If you do not wish this to be disclosed please contact 1300. Please note that we will pass information about the location of your Mobile Phone to emergency services.
    15.4 Where you choose to take an insurance policy through us, we will exchange information about you and your account in relation to that policy with the underwriters of the policy and with the administrators of the policy (the "Insurance Providers"). Your personal data will be collected and processed by us, our agents and the Insurance Providers to the extent necessary for providing you with the policy described (such as when making decision about your eligibility for cover, assessing claims, and carrying out fraud prevention measures). We and the Insurance Providers may also pass information to law enforcement authorities, regulators and the Financial Services or the Telecommunications Ombudsman.
16. How to Contact Us
    If you need to contact O2 Customer Service please refer to the contact information which was provided with your Mobile Phone or SIM card when it was purchased, or click on Contact Us on our website www.o2.co.uk

"We", "us" and "our" means Telefónica UK Limited of 260 Bath Road, Slough SL1 4DX; Registered in England under No. 1743099;

"You" means the customer to whom the terms and conditions apply, and it includes a person who we reasonably believe is acting with your authority.

Q: What is a credit reference agency?
A: Credit reference agencies (CRAs) collect and maintain information on consumers’ and businesses’ credit behaviour, on behalf of organisations in the UK.

Q: What is a fraud prevention agency?
A: Fraud Prevention Agencies (FPAs) collect, maintain and share, information on known and suspected fraudulent activity. Some CRAs also act as FPAs.

Q: Why do you use them when I have applied to your organisation?
A: Although you have applied to us and we will check our own records, we will also contact CRAs to get information on your credit behaviour with other organisations. This will help us make the best possible assessment of your overall situation before we make a decision.

• publicly available information:
• The Electoral Register from Local Authorities.
• County Court Judgments from Registry Trust.
• Bankruptcy (and other similar orders) from the Insolvency Service.
• Fraud information may also come from fraud prevention agencies.
• Credit information comes
• from information on applications to banks, building societies, credit card companies etc and also from the conduct of those accounts.
• Company information and information about directors and shareholders comes from Companies House, other publicly available directories and proprietary directories at CRAs.
• Information about proprietors of non limited businesses from publicly available directories and proprietary directories at CRAs.

Q: How will I know if my information is to be sent to a CRA or FPA?
A: You will be told when you apply for an account if your application data is to be supplied. The next section of this leaflet will tell you how, when and why we will search at CRAs and FPAs and what we will do with the information we obtain from them. We will also tell you if we plan to send payment history information on you or your business, if you have one, to CRAs. You can ask at any time the name of CRAs and FPAs.

Q: Why is my data used in this way?
A: We and other organisations want to make the best possible decisions we can, in order to make sure that you, or your business, will be able to repay us. Some organisations may also use the information to check your identity. In this way we can ensure that we all make responsible decisions. At the same time we also want to make decisions quickly and easily and, by using up to date information, provided electronically, we are able to make the most reliable and fair decisions possible.

Q: Who controls what such agencies are allowed to do with my data?
A: All organisations that collect and process personal data are regulated by the Data Protection Act 1998, overseen by the Information Commissioner’s Office. All credit reference agencies are in regular dialogue with the Commissioner. Use of the Electoral Register is controlled under the Representation of the People Act 2000 and the Supplementary Regulations to the Representation of the People Act 2002. Use of data from Companies House, about directors, is controlled under the Companies Act 2006 and The Companies (Disclosure of Address) Regulations 2009.

Q: Can just anyone look at my data held at credit reference agencies?
A: No, access to your information is very strictly controlled and only those that are entitled to do so, may see it. Usually that will only be with your agreement or (very occasionally) if there is a legal requirement.

a) check our own records for information on:

1. You and your business partners’ (if you are not authorised to give agreement on behalf of your business partners’ for such checks to be carried out they will also need to give their agreement to proceed) (if you have one/any) personal accounts;
2. Your business accounts; and/or
3. Shareholders who are beneficial owners of 25% or more of the business;

b) Search at credit reference agencies for information on:

1. Public data on you and your business partners’ personal credit behaviour
2. Information on the conduct of you and your business partners’ personal credit accounts if you are proprietors of a small business (ie a sole trader, partnership or limited company with three or less partners or directors);
3. your business
4. your business accounts;
5. identity information on beneficial owners of the business;
6. If you are a director, we will seek confirmation, from credit reference agencies; that the residential address that you provide is the same as that shown on the restricted register of directors’ usual addresses at Companies House; and/or

c) Search at fraud prevention agencies for information on your business, you, your business partners, beneficial owners and your address(es).

 

2. What we do with the information you supply to us as part of the application

Information that is supplied to us will be sent to the credit reference agencies.

If you give us false or inaccurate information and we suspect or identify fraud, we will record this and may also pass this information to fraud prevention agencies and other organisations involved in crime and fraud prevention.

Record information at credit reference agencies about your application, your business, you and your businesses partners.

If you provide information about shareholders we will record this information at credit reference agencies

So you must be sure that you have the agreement of your business partners and shareholders to disclose information about them.

3. With the information that we obtain we will:

1. assess this application for credit;
2. check details on applications for credit and credit related or other facilities;
3. verify your identity and the identity of, other directors/ business partners and shareholders;
4. undertake checks for the prevention and detection of crime or fraud and/or money laundering;
5. manage your personal and/or business account (if you have one) with ourselves; and
6. undertake periodic statistical analysis or testing to ensure the accuracy of existing and future products and services.

We may use scoring methods to assess this application and to verify your identity and any of the processes above may be automated.

4. What we do when you have an account

Where you borrow or may borrow from us, we will give details of your business account, including names and parties to the account, and how you manage it to credit reference agencies.

If you borrow and do not repay in full and on time, we will tell credit reference agencies.

We may make periodic searches of our own group records and credit reference agencies to manage your account with us, including whether to continue or extend existing credit. We may also check at fraud prevention agencies to prevent or detect fraud.

If you have borrowed from us and do not make payments that you owe us, we will trace your whereabouts and recover payment.

5. When credit reference agencies receive a search from us they will:

• place a credit search “footprint” on your company credit file whether or not this application proceeds. If the search was for a credit application the record of that search (but not the name of the organisation that carried it out) may be seen by other organisations when your business applies for credit in the future;
• place an enquiry search on the personal credit files of any director/owner or partner that have been searched. These enquiry searches will not be seen by other organisations if any director/owner or partner applies for credit in the future.
• link together the previous and subsequent names advised by you, of anyone that is a party to the account;
• place an enquiry or identification search on the record of any shareholder who is a beneficial owner and who we have checked;
• create a record of the name and address of your business and its proprietors if there is not one already;
• supply to us:
1. Information about your business or company such as previous applications for credit [and the conduct of the accounts and also similar personal credit information in your name and of your business partners;
2. Public information such as County Court Judgments (CCJs) and bankruptcies;
3. Electoral Register information on you and your business partners;
4. Fraud prevention information; and
5. Confirmation or otherwise that the usual residential addresses supplied by directors match those on the restricted register held at Companies House (or for those directors’ addresses registered under section 243 of the Companies Act, that the usual residential addresses supplied by directors match those on the credit reference agency’s proprietary business directory).

6. When information is supplied by us, to them, on your account(s):

Credit reference agencies will record the details that are supplied on your business and business account including previous and subsequent names of parties to the account and how you manage it/them.

If your business borrows and does not repay in full and on time, credit reference agencies will record the outstanding debt.

Records shared with credit reference agencies remain on file for 6 years after they are closed whether settled by you or defaulted.

Information on shareholders who are beneficial owners will be used and supplied to others only:

1. for the purpose of the performance of identity checks; and
2. with their specific consent.

7.How your data will NOT be used by credit reference agencies: -

It will not be used to create a blacklist.

It will not be used by the credit reference agency to make a decision.

8. How your data WILL be used by credit reference agencies:

The information which we and other organisations provide to the credit reference agencies about you, your business partners and details about your business (see 5e above) may be supplied by credit reference agencies to other organisations and used by them to:

1. prevent crime, fraud and money laundering by, for example checking details provided on applications for credit and credit related or other facilities;
2. check the operation of credit and credit-related accounts;
3. verify your identity if you or your business partner(s) applies for other facilities;
4. make decisions on credit and credit related services about you and/or your business partner, or your business;
5. manage your personal, your business partner’s and/or business credit or credit related account(s);
6. trace your whereabouts and recover debts that you owe; and
7. undertake statistical analysis and system testing.

9. How your data may be used by fraud prevention agencies:

The information which we provide to the fraud prevention agencies about you, your business partners and your business may be supplied by fraud prevention agencies to other organisations and used by them and us to:

1. prevent crime, fraud and money laundering by, for example:
   • checking details provided on applications for credit and credit related or other facilities;
   • managing credit and credit related accounts or facilities
   • cross checking details provided on proposals and claims for all types of insurance;
   • checking details on applications for jobs or when checked as part of employment; and
   • verify your identity if you or your business partner(s) applies for other facilities including all types of insurance proposals and claims;
2. trace your whereabouts and recover debts that you owe;
3. conduct other checks to prevent or detect fraud;
4. organisations may access and use from other countries the information recorded by fraud prevention agencies; and/or
5. undertake statistical analysis and system testing.

 

10. Your data may also be used for other purposes for which you give your specific permission or, in very limited circumstances, when required by law or where permitted under the terms of the Data Protection Act 1998.

11. Your data may also be used to offer you other products, but only if permitted.

 

12. For information about your personal data you can contact the 3 agencies currently operating in the UK; the information they hold may not be the same so it is worth contacting them all. They will charge you a small statutory fee. These agencies are as followed:

1. CallCredit, Consumer Services Team, PO Box 491, Leeds, LS3 1WZ or call 0870 0601414 (Personal credit data only);
2. Equifax PLC, Credit File Advice Centre, PO Box 3001, Bradford, BD1 5US or call 0870 010 0583 or log on to www.myequifax.co.uk; and
3. Experian, Consumer Help Service, PO Box 8000, Nottingham NG80 7WF or call 0870 241 6212 or log on to www.experian.co.uk.

Please contact us by writing to the Data Controller at Telefónica UK Limited, Arlington Business Centre, Leeds, West Yorkshire, LS11 0NE (we will charge a fee) if you want to receive details of the relevant fraud prevention agencies.