1. THESE TERMS
These are the terms and conditions governing our supply of the services to you (“Services”). Some of the Services will be provided to you via our web portal (“Portal”). The Services and Portal, together with any related online or electronic documentation found in the Portal, are collectively referred to within this Agreement as the “Platform”.
The Services referred to herein mean any or all of the following, as appropriate to your situation:
(a) Data breach notification – we will notify you if we are informed or discover that there has been a data breach involving your personal data;
(b) Call centre support – this support will be there to guide you as to the use of our Portal and to answer any general questions regarding the notification you received or the services you are being provided;
(c) Identity monitoring services and access to our Portal – we monitor the evolving global black-market websites, IRC channels, chat rooms and other targeted sections of the deep web and surface web known to be linked with malicious activity and you will have the ability to monitor your name, date of birth, address, phone numbers, email addresses, bank account numbers, credit/debit card numbers, passport number, driver’s licence number, and National Insurance number in such places and will be alerted if your data is found. You will have access to our Portal to view alerts and manage your personal data accordingly.
(d) Credit monitoring services – Kroll will request consumer credit reports, credit alerts and credit scores (“Credit Information”) from TransUnion International UK Limited (“TransUnion”) on your behalf (the “Credit Monitoring Services”). As such, we will need to share data collected from you with TransUnion in order to provide Credit Monitoring Services. References to "TransUnion" in these terms and conditions mean TransUnion International UK Limited (company number 3961870), a credit reference agency authorised and regulated by the Financial Conduct Authority under number 737740, whose registered office is at One Park Lane, West Yorkshire, LS3 1EP. Authorisation can be checked on the Financial Services Register at www.fca.org.uk. The additional terms and conditions set out in Schedule 2 will apply to your receipt and use of any Credit Monitoring Services.
(e) Fraud consultation – you will have access to consultation services provided by fraud specialists.
(f) Identity theft restoration services – we can seek to assist you to resolve any identity theft issues.
If you would like a more detailed overview of the Services we provide you should please contact us using the details set out in clause 2.2. below.
Please read these terms carefully before you agree to our providing you with the Services. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the Agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
We are Kroll Information (UK) Limited a company registered in England and Wales. Our company registration number is 11500987 and our registered office is at The News Building, Level 6, 3 London Bridge Street, London, England, SE1 9SG (“Kroll”, “we”, “us” or “our”).
Kroll is registered with the Financial Conduct Authority (FCA) and has maintained a status of Authorised since 14/01/2019. Kroll’s Registered Company Number is 11500987.
You can contact us by telephoning our customer service team at 0800 046 5453 (free-phone), by writing to us at UKSupport@kroll.com or Attention ITBN UK Support, The News Building, Level 6, 3 London Bridge Street, London, England, SE1 9SG.
If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR AGREEMENT WITH YOU
We will provide you with the Services through the use of our Portal, through the use of our call centre and through the use of our agents, Fraud Specialists or other relevant third parties or third party databases. You must agree to the Portal Terms of Use in order to access our Services. The Portal Terms of Use are expressly incorporated into the terms of this Agreement between us. Failure to agree to the Portal Terms of Use may result in our refusing to allow you access or withdrawing or suspending your access to the Services.
Services might not be able to be provided for any reason including because we do not hold enough or accurate information about you, because of unexpected limits on our resources which we could not reasonably plan for, because we are unable to meet a performance deadline or unable to meet a specification you have instructed us to meet or for technical or security reasons.
Our Services are solely for use in the UK. Unfortunately, we do not provide our Services outside of the UK.
Certain of our identity monitoring services are provided through our third-party data and service provider, Experian Limited (“Experian”). By enrolling in identity monitoring services, including dark web monitoring, you agree and hereby authorize Experian, its agents and employees, to provide your personally identifiable information to third parties as provided in our Privacy Policy as may be amended from time to time.
4. OUR SERVICES
The description of the Services are for illustrative purposes only. Although we have made every effort to describe them, their scope and their purpose accurately, we cannot guarantee that the description accurately reflects the Services or that you will receive the Services exactly as described. Your Services may vary slightly from any such descriptions as they are designed to adapt to your personal circumstances. We will use all reasonable endeavours to ensure that the Services are suitable for your needs but we do not make any representation, warranty or guarantee of the same.
Because we are offering you the Services based on the information (including personal data) you have given us you are responsible for ensuring that this information is correct.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Services you are receiving please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services where applicable, the timing of the supply of the Services where applicable or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Agreement (see clause 8 below - Your rights to end the Agreement).
6. OUR RIGHTS TO MAKE CHANGES
We may change the Services:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat
If we do make what we consider in our reasonable opinion to be a significant change to the Services we will notify you and you may then contact us to end the Agreement before such changes take effect.
We may update or require you to update digital content.
7. PROVIDING THE SERVICES
We will provide you with the Services as outlined in your service documentation, the Initial Period, above or until you end the Agreement as described in clause 8 or we end the Agreement by written notice to you as described in clause 10.
If our supply of the Services to you is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Agreement.
We may need certain information from you so that we can supply the Services to you in full or to the best of our ability, for example, we do require you to pass to us personal data as directed on our Platform. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the Agreement (and Clause 10.2 will apply). We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving to us the information we need.
We may have to suspend the supply of our Services to:
(a) deal with technical problems or make minor technical changes;
(b) update the Services to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Services as requested by you or as notified by us to you (see clause 6).
We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the Agreement at that time should you so wish.
8. YOUR RIGHTS TO END THE AGREEMENT
Your rights when you end the Agreement will depend on what Services you have used, whether there is anything wrong with the Services provided, how we are performing and when you decide to end the Agreement:
(a) If any Service is faulty or misdescribed you may have a legal right to end the Agreement (or to get that faulty or misdescribed element of the Service re-performed
(b) If you want to end the Agreement because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about receiving the Services, see clause 8.3;
(d) In all other cases (if we are not at fault and there is no right to change your mind),see clause 8.6.
If you are ending this Agreement for a reason set out at (a) to (e) below the Agreement will end immediately The reasons are:
(a) we have told you about an upcoming change to the Services or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the description of the Services you are to receive and you do not wish to proceed;
(c) there is a risk that the supply of the Services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
(e) you have a legal right to end the Agreement because of something we have done wrong.
You do not have a right to change your mind in respect of Services once these have been completed, even if the cancellation period is still running.
14 days from the day after the day you activate your account on the Portal in the Initial Period.
Even if we are not at fault and you do not have a right to change your mind, you can still end the Agreement before it is completed. This Agreement for Services is completed when we have finished providing the Services. If you want to end this Agreement before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. This Agreement will end within 30 days.
9. HOW TO END THE AGREEMENT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
To end the Agreement with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0800 046 5453 (free-phone) or email us at UKSupport@kroll.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Contact us through the contact information found on the Platform.
(c) By post. Write to us at UKSupport@kroll.com or Attention ITBN UK Support, The News Building, Level 6, 3 London Bridge Street, London, England, SE1 9SG.
including details of what Services you were provided and when you received or expect to receive them and your name and address.10. OUR RIGHTS TO END THIS AGREEMENT
We may end the Agreement for the Services at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services effectively, for example, if you fail to provide us with the personal data we require from you;
(b) you do not, within a reasonable time, allow us to deliver the Services to you;
(c) you have provided us with false or inaccurate data or have acted in any way fraudulently or have made any misrepresentations to us;
(d) you die;
(e) you are declared insolvent or take steps or commence negotiations with creditors with a view to reschedule any debts or enter into arrangements with them;
(f) we consider that our Services are no longer needed by you or are no longer suitable for you;
(g) you fail to agree to our Portal Terms of Use, our Privacy Policy or our Cookies Policy;
(h) you act or omit to act in any way which we consider in our reasonable opinion compromises our ability to provide you with effective Services.
We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 14 days in advance of our stopping the supply of the Services.
11. IF THERE IS A PROBLEM WITH THE SERVICES
If you have any questions or complaints about the Services, please contact us. You can telephone our customer service team at 0800 046 5453 (free-phone) or write to us at UKSupport@kroll.com or Attention ITBN UK Support, The News Building, Level 6, 3 London Bridge Street, London, England, SE1 9SG. Please refer to Schedule 3 for full details of our complaints handling process.
11.2 If your query or complaint relates to the Credit Information provided as part of Credit Monitoring Services and Kroll is not able to resolve such query or complaint, Kroll may refer the query or complaint to TransUnion. TransUnion shall use its reasonable efforts to verify the accuracy of the Credit Information. TransUnion cannot guarantee that it is completely accurate, however. Some of this information comes from other businesses and sources, such as the electoral roll, insurance companies or financial institutions. Neither TransUnion nor any other third parties used to provide the requested data have any control over the content of such information and are not responsible if it turns out to be inaccurate. If you have a concern that the Credit Information is inaccurate, please contact TransUnion’s Support and Help Desk Service via email at consumer@transunion.co.uk.
We are under a legal duty to supply Services that are in conformity with this Agreement. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights in relation to the Services
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
You can ask us to repeat or fix a Service if it’s not carried out with reasonable care and skill, If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Agreement was made, both we and you knew it might happen, for example, if you discussed it with us.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.
12.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will only use your personal data as set out in our Privacy Policy.
14. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Agreement. If you are unhappy with the transfer you may contact us to end the Agreement within 30 days of us telling you about it and we will refund you any payments you have made in advance for Services or part of the Services not yet provided.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to any third party to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
14.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can contact us for the name of our ADR entity. If you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
This agreement, including the Portal Terms of Use, constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
The rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
Any notice of other communication given to us will only be valid if it is given in writing to the details set out for us at clause 2.2. of this agreement or as we may otherwise notify to you. You agree that any communication sent to you will be deemed to have been safely received if it is given to you in writing using the contact details which you provide to us on our Platform or as you may otherwise notify to us in writing.
Except as set out herein, no variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
SCHEDULE 1
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Kroll Information (UK) Limited, The News Building, Level 6, 3 London Bridge Street, London, England, SE1 9SG.
I/We hereby give notice that I/We cancel my/our contract for the supply of the Services.
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
Terms & Conditions Effective Date: May 28, 2021
SCHEDULE 2
ADDITIONAL TERMS AND CONDITIONS FOR CREDIT MONITORING SERVICES
The following additional terms and conditions apply to your receipt and use of any Credit Monitoring Services.
- You will be required to successfully pass an authentication process before you may have access to Credit Monitoring Services. Not all consumers will successfully pass authentication. If you do not pass authentication, neither Kroll nor TransUnion are required to notify you why you have not been successfully authenticated, but one reason for this may be that, at the time you request access to Credit Monitoring Services, TransUnion has been unable to match your personal details to the correct credit profile in its database.
- Only consumers that are over 18 years of age who live in the UK, the Channel Islands or the Isle of Man may have access to Credit Monitoring Services.
- You must be requesting the requested data for your own personal non-commercial use and not on behalf of anyone else. You cannot use the Credit Monitoring Services to request credit information about any third party.
- Any Credit Information is provided for guidance and information only. The fact that a consumer has a good credit score does not mean that a lender, credit card company or other provider of financial services products will accept their application. Financial services/credit providers have their own acceptance criteria and a credit score does not take into consideration affordability issues which are also considered by them.
- Your right to access Credit Monitoring Services is a personal right and you must not allow any other person to have access to your account on the Portal using your username and password. You must keep your username and password confidential.
- You should contact Kroll immediately using the details set out in clause 2.2. above if you believe that there is a security issue associated with your account on the Portal.
- Kroll (and TransUnion) reserve the right to suspend access to Credit Monitoring Services if at any time TransUnion or Kroll considers that there is or is likely to be a breach of security; you are misusing Credit Monitoring Services (meaning use of Credit Monitoring Services in a way which is not permitted or is fraudulent); or the use of Credit Monitoring Services is in any way detrimental to Kroll or TransUnion.
- You acknowledge and agree that all intellectual property rights in Credit Information and all aspects of them shall be owned by Kroll and/or TransUnion and/or their licensors.
- You acknowledge that:
- Kroll may initiate contact with you for the purposes of: (i) providing or making the Credit Information available to you for your own personal use; and (ii) responding to queries raised by you in relation to your Credit Information;
- The request for Credit Information will leave a footprint on your credit file, which is not visible to lenders, but will be visible to you, Kroll, TransUnion and any other third party you permit to view your Credit Information. This will occur without you yourself requesting a credit report;
- Personal data provided by you to Kroll will be provided to TransUnion to assist TransUnion with identity verification, prevention of fraud/money laundering, and any other uses that may be mutually agreed upon by Kroll and TransUnion from time to time. A copy of the TransUnion Bureau Privacy Notice is available at https://www.transunion.co.uk/legal-information/bureau-privacy-notice (“TransUnion Privacy Notice”). Please note that the TransUnion Privacy Notice may be updated or replaced from time to time without prior notice to you;
- In order to receive your Credit Information as part of the Credit Monitoring Services, you are submitting a request under Article 15 of the General Data Protection Regulation 2016/679 to TransUnion; and
- TransUnion will monitor your Credit Information for changes on an ongoing basis and may provide us with alerts when there are changes to your Credit Information.
SCHEDULE 3
COMPLAINTS HANDLING PROCESS
| A summary of our complaints handling process is detailed below: A complaint or issue of dissatisfaction should be submitted to our Complaints Management Function, free of charge, in one of the following ways: In writing: Julie Pearce, The News Building, Level 6, 3 London Bridge Street, London, England, SE1 9SG, UK By phone: +44 (0) 207 089 0927 By e-mail: Julie.pearce@kroll.com |
| On receipt of your communication we will undertake an assessment as to whether this is a complaint and should be handled in line with our internal complaints policy. We will ensure that we investigate the complaints competently and diligently. We will review the complaint impartially and will ensure that we seek additional information where necessary. Our assessment of the complaint will be made promptly, fairly and consistently. We will review the subject matter of the complaint and assess whether the complaint should be upheld. We will assess the remedial action or redress that is appropriate if the complaint is upheld and will also assess whether another respondent party who is solely or jointly responsible for the issues raised within the complaint. Where the offer of remedial action or redress is accepted, we will ensure that we comply with the terms of this. |
| If we resolve your complaint within three business days we will provide you with a written summary resolution which will contain details as to how you can escalate your complaint to the Financial Ombudsman Service (“FOS”), if applicable, and should you be dissatisfied with our resolution. Within our written resolution we will provide details as to any findings we have made as a result of our investigation into your complaint and whether any remedial action will be taken by ourselves. We will ask you to confirm if you are satisfied with our conclusion. If you are not satisfied with our conclusion, we will not close your complaint and will continue to seek resolution. |
| If we feel your complaint requires further review and we cannot respond to you with a resolution within three business days, we will inform you of this. We will provide you with details of who is responsible for handling your complaint at the firm as they will provide you with updates. We will provide you with a written Final Response Letter within eight weeks of the date of your original complaint. Within this letter we will provide details as to any findings we have made as a result of our investigation into your complaint and whether any remedial action will be taken by ourselves. We will ask you to confirm if you are satisfied with our conclusion. To note, you may raise your complaint to the FOS if you feel dissatisfied with our resolution. There are set time limits in which you are able to raise your complaint to the FOS and will provide these time limits within our final response. We reserve the right to waive this time limit and, if we do waive the relevant time limit, we will provide you with notice of this as per the FCA Rules (FCA Handbook: DISP I Annex 3R). |
As mentioned above if you are eligible complainant and are dissatisfied with our resolution, you may refer your complaint to the FOS at:
| Address | The Financial Ombudsman Service Exchange Tower London E14 9SR |
| | |
| Telephone | 0800 023 4567 (free-phone) or 0300 123 9123
|
Further information is available on the website for the Financial Ombudsman Service which can be found here: http://www.financial-ombudsman.org.uk/