PRIVACY POLICY

PRIVACY AND PERSONAL DATA

1. It is important that you are aware of where we stand in relation to your personal data. We take the privacy of our website users very seriously. We want to make sure that we are looking after you and your information as best we can and we ask that you read this Privacy Policy (‘the Policy’) so that you know how we will use your personal data.

2. For the purposes of the Data Protection Act 1998, The Bank (‘we’ or ‘us’) is the ‘data controller’ (i.e. the company who is responsible for, and controls the processing of, your personal data).

PERSONAL DATA WE MAY COLLECT ABOUT YOU

3. We may obtain personal data about you (such as your name, address, telephone number and email address) when you use this website.

4. We may monitor your usage of this website. This may include monitoring how many times you visit, which pages you go to, traffic data, location data and the originating domain name of a user’s internet service provider. This information helps us to build a profile of our users and therefore improve our services to you. Some of this data will be personal data (such as the data described in Paragraph 3 above) but some will be aggregated or statistical, which means that we will not be able to identify you individually.

5. We will hold your personal data on our systems for as long as is necessary without limitation; or in any event personal data will not be kept for longer than six years after the termination of your membership.

HOW WE MAY USE YOUR PERSONAL DATA

6. We will use your personal data for the following purposes:

6.1. To help us identify you and any accounts you hold with us; to help us administer and maintain accurate membership records; statistical analysis and market research; customer profiling; customising this website and its content to your particular preferences; to notify you of any changes to this website or our services which may affect you and to respond to any queries or questions raised by you or other users of the website; Essentially, to help provide you with a better service!

6.2. Marketing – see ‘Marketing and opting out’ below;

MARKETING AND OPTING OUT

7. We may share (only if you don’t mind!), your personal data with organisations who are our business partners and we or they may contact you, unless you have asked us or them not to do so, by post or email about products, services, promotions, special offers or charitable causes which may be of interest to you.

8. If you prefer not to receive any further marketing communications from us, you can opt out at any time. See further ‘Your rights’ below.

DISCLOSURE OF YOUR PERSONAL DATA

9. We may disclose your personal data to:

9.1. Other companies within our group;

9.2. Our agents and service providers (e.g. providers of web hosting or maintenance services);

9.3. Law enforcement agencies in connection with any investigation to help prevent unlawful activity;

9.4. Our business partners in accordance with the ‘Marketing and opting out’ section above;

9.5. If our business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business subject to terms of confidentiality no less onerous than those contained in this policy.

YOUR RIGHTS

10. You have the right to ask us to stop processing your personal data for direct marketing purposes. We don’t mind and all that we ask is that you;

10.1. Put your request in writing (an email sent to email address with a header that says ‘Unsubscribe’ is acceptable);

10.2. Provide us with enough information to identify you (e.g. account number, username, registration details);

10.3. If your objection is not to direct marketing in general, but to direct marketing by a particular channel (e.g. email or telephone) please specify the channel you are objecting to.

KEEPING YOUR DATA SECURE

11. As we have said, we want to keep your data secure. We will use technical and organisational measures to safeguard your personal data, for example:

11.1. Access to your account is controlled by password and username which are unique to you;

11.2. We store your personal data on secure servers.

12. Whilst we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data which are transferred from you or to you via the internet.

USE OF COOKIES

13. We may also obtain information about your online movements and use of the internet. We do this by placing a ‘cookie’ on your computer’s hard disk. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognise your browser. Cookies are used for several reasons:

13.1. To recognise you whenever you visit this website;

13.2. To speed up access to this website (so you do not have to log on each time);

13.3. To store your personal preferences;

13.4. To build a profile about you;

13.5. To better target our marketing and advertising campaigns. Again, we use this information to improve our services to you!

14. The vast majority of web browsers accept cookies. However, you can change your browser settings so that cookies are not accepted. If you do this, you may lose some of the functionality of this website, for which we are not responsible.

MONITORING

15. We may monitor and record communications with you (such as telephone conversations and emails) for the purpose of quality assurance, training, fraud prevention and compliance.

OUR CONTACT DETAILS

16. We welcome your feedback and questions. After all, this site is designed for you. If you wish to contact us, please send an email to dearrobert@thebank.co.uk or you can write to us at 16-18 Berners St, London W1T 3LN or call us on +44 (0)20 7612 8000

17. We may change this Policy from time to time. You should check this Policy occasionally to ensure you are aware of the most recent version which will apply each time you access this website.

Website Terms and Conditions

1. INTRODUCTION

1.1. Welcome to our website (“the Site”) which is operated by The Communication Channel Ltd (company number 2752972) is whose registered office is at 16-18 Berners St, London W1T 3LN (“We” “Us” “Our”).

1.2. These are the rules for using the site. We want you to have a good experience on the site and if you have any questions please do contact a member of our helpdesk who will be happy to help.

1.3. These terms and conditions (“the Terms”) apply to the use of the Site and shall be read in conjunction with the Privacy Policy and any other incidental agreements listed on the Site which you may be required to agree to from time to time (“Supplemental Agreements”) and shall together form the agreement between you and us (“the Agreement”).

1.4. It is important that you read and understand these Terms before using the Site. By accessing or using the Site you agree to be legally bound by these Terms, as they may be modified from time to time. If you do not agree to these terms and conditions, please do not use the Site.

1.5. We reserve the right to change these Terms.

2. OUR SERVICES

We provide users with the opportunity to browse the Site.

3. CHANGES TO SERVICE

3.1 We reserve the right to improve, amend, or suspend the service provided on the Site at any time without notice.

4. GENERAL CONDUCT

4.1. We grant you a limited licence to access and make use of the Site, but not to modify it, or any part of it, or otherwise exploit it for any commercial purpose except for those specific purposes set out in this agreement or otherwise with our express written consent.

4.2. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) belonging to or controlled by us without our express written consent provided it is for personal use only.

4.3. You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only.

4.4. You must not use the Site for any fraudulent purposes, or in connection with a criminal offence or other unlawful activity, to send, use or reuse any content or material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing or that will infringe copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties, or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” – to cause annoyance, inconvenience or needless anxiety.

4.5. You must not use the Site in any way which may disrupt the online service or cause problems for other users and The Bank staff, which may be detrimental to The Bank business and or generally use the Site in any way which in our reasonable opinion is inconsistent with the spirit of the Agreement.

5. INFORMATION AND CONTENT PROVIDED BY YOU

5.1. Any information and content posted, uploaded, or otherwise sent by any means by you to the Site shall be legal, decent, honest and truthful, shall not infringe any third party’s rights, shall not be obscene, blasphemous or defamatory and shall not contain any viruses or other malicious computer programming routines. Without limiting the above, all information you provide shall be accurate and complete.

5.2. You agree that you will not publish your contact information or any other information or data in the publicly-accessible parts of the Site. You agree that you will not publish the contact information or the information of any other person in the publicly-accessible parts of the Site (whether or not such persons are users of the Site) or elsewhere, or communicate such information to any other person whether in electronic or any other format.

5.3. Any information provided by you to us will be used by us in accordance with the Data Protection Act 1998 and is subject to our privacy policy.

5.4. You waive all moral rights you have in any content and information provided by you to the fullest extent permitted by law.

6. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY CONTROLLED BY US.

6.1. All content and all compilation of content included on the Site, including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations and software, is our property or is licensed by us and is protected by copyright, database and trade mark right laws in England and internationally.

6.2. You may download, extract and/or re-utilise parts of the contents of the Site subject to these terms.

6.3. For the avoidance of doubt you may not utilise any data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Site without our express written consent. You may not create and/or publish your own database that features substantial parts of the Website without our express written consent. You will indemnify us against any loss, damages, costs, expenses (including reasonable legal fees) or other claims arising from any breach of the above warranties you commit.

7. LINKS

7.1. We have no control over the content of third party sites and cannot guarantee the reliability of any links to third party sites nor can we provide any guarantees or accept any liability in respect of the content on such third party sites.

7.2. You may create hyperlinks to the Site without our prior written consent. All such permitted hyperlinks must make it clear that the hyperlink is to our Site and that it is in no way affiliated to any third party.

7.3. If you have registered as a member you agree to link any websites under your control to the Site.

8. SECURITY

8.1. You are solely responsible in all respects for all use of and for protecting the confidentiality of your account and password which may be given to or selected by you for use on the Site. You must immediately notify us of any unauthorised use of them or any other breach of security.

8.2. We use approved and nominated third parties to secure and protect your credit card information and assist your shopping experience. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished shopping.

9. PRIVACY POLICY

We take privacy issues seriously and have done all we can to protect your personal information. Our current Privacy Policy covers our use of any information you provide. In using our Site you acknowledge and agree to be bound by the terms of our Privacy Policy.

10. COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, statutes and regulations concerning your use of the Site and the purchase of goods through the Site.

11. DISCLAIMER/LIABILITY

11.1. We accept no liability for any failure to maintain the Site. We shall not be liable to you by reason of any representation (unless fraudulent) and all warranties, conditions or other terms, implied by law are excluded to the fullest extent permissible. We shall not be liable for any loss of goodwill or reputation, profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence, servants or agents or otherwise) which arise out of or in connection with the provision of the Material.

11.2. Your acceptance of these Terms also acts as a general release of The Bank Agency Limited and any of its subsidiaries (and all of their officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Site.

11.3. Notwithstanding the foregoing, nothing in this Agreement is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

12. INDEMNITY

You will indemnify us against any loss, damages, costs, expenses (include reasonable legal fees) or other claims arising from any breach by you of any of the warranties and any other terms of the Agreement.

13. ACCESS TO THE SITE

We will do everything we can to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed. The Site may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of a new facility or service. We will attempt to limit the frequency and duration of any such interruption.

14. CONFIDENTIAL INFORMATION

We and you shall endeavour to prevent the disclosure, publication or dissemination of the other’s confidential information and shall not use, reproduce, distribute, disclose or otherwise disseminate such confidential information except in connection with the performance of obligations under these Terms. We refer you to our privacy policy.

15. ELECTRONIC COMMUNICATION

When you visit the Site or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16. EVENTS BEYOND OUR REASONABLE CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control.

17. TRANSLATION

These Terms are drawn up in the English language. If these Terms are translated into another language, the English language text shall in any event prevail.

18. LAW AND JURISDICTION

This Agreement (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.

19. INVALIDITY

If any part of the terms of this Agreement is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

20. ENTIRE AGREEMENT

This Agreement contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

21. ASSIGNMENT

We shall be entitled to assign, transfer or sub-contract or in any way make over the benefit or burden of the Agreement to a third party.

22. NO WAIVER

A waiver by us of any terms of the Agreement in a particular instance shall not be deemed or construed to be a waiver of such term or condition for the future or affect our rights in respect of any subsequent breach of the terms of this Agreement. All rights and remedies contained in this Agreement shall be distinct, separate and cumulative and no action or inaction by us shall operate to exclude or deprive us of any other rights allowed by law.

23. THIRD PARTY RIGHTS

No third party shall be deemed under the Agreement to have enforceable rights by virtue of the Contracts (Rights of Third Parties Act) 1999.

24. NATURE OF AGREEMENT

This Agreement shall not constitute a partnership, agency or joint venture between the parties.