TransUnion Open Banking Terms of Service

1 Meaning of words we use

 

Account any payment account held in your name with your bank in the UK into which you can deposit and withdraw income and which allows for direct debits, transfers and payment transactions. Please read these terms of service carefully (and paragraph 4 in particular) as there may be instances where we may not be able to provide Services in relation to a particular Account.

Bank means any bank or building society you hold an account with. Please see the website for details of the banks and building societies that are supported by the Service.

Information has the meaning given to it in paragraph 3.2 of these Terms.

Referring Company means the person or organisation that has directed you to us so that we can provide the Service.

Service means the services detailed in paragraph 3 of these Terms.

Terms means these terms of service for the Service which includes the on screen information provided to you on the website describing how the Referring Company will use the information and the consent described in paragraph 3.3 below.

you, your means the person who agrees to use the Service.

we, us, our means TransUnion International UK Limited (registered in England and Wales with company number 03961870) of One Park Lane, Leeds, West Yorkshire, LS3 1EP.

Website means the website from which we provide the Service.

 

2  Our agreement with you for the Service

 

2.1  These Terms govern the use of the Service and form an agreement between us and you. You can obtain a copy of these Terms at any time from our Website.

2.2  Only you and we have any rights under these Terms.

 

3  The Service

 

3.1  In order to use this Service you must have:

(a)   been redirected to our Website by a Referring Company; and

(b)   successfully passed, if requested by the Referring Company, fraud prevention checks.

3.2  This Service will enable you to authorise us to request information about your nominated Account(s) (such as statements, details of payment transactions into and out of your Account, account balances etc.) (“Information”), from your Bank, so that we can provide this Information to the Referring Company. The Referring Company may ask that we only provide them with a sub-set of the Information, if this is all they need. 

3.3   In order to use this Service, you need to consent to us requesting certain Information about your nominated Account(s) from your Bank and you must also agree that we can pass the Information we obtain to the Referring Company. We may undertake some analysis of your Information and provide this to the Referring Company . You will be asked to provide your consent to this as well. Please also refer to our Privacy Notice here which explains how we will use your Information.

3.4  If you provide your consent, we will submit a request for your Information to your Bank in accordance with paragraph 4 and, if this request is successful, provide you with a summary of the Information we receive.

3.5  We do not check the Information we receive from your Bank for accuracy and we have no responsibility to do so. In addition, we have no responsibility for any products and services provided to you by your Bank or the Referring Company.

3.6  The Information we use through the Service is only as up to date as the Information we obtain from your Bank. This means that it may not take account of credits to and/or withdrawals from your Account(s) that take place after the date we receive it.

 

4  Steps to access the Service

 

4.1  After you have provided your consent in accordance with paragraph 3 above, you will then need to select which of Your Bank(s) you would like us to request Information from.

4.2  You will then be prompted to identify yourself with your Bank. This may involve you being redirected to your Bank's online banking login page where you may be prompted to enter your login details. If this happens, we will not see, record or store any of the login details you enter. You will be responsible for ensuring you provide the correct log in details to your Bank. If you repeatedly provide your Bank with incorrect login details, this may result in your access to your Account(s) being blocked and may mean we cannot provide the Service as a result.

4.3  Once you have successfully identified yourself with your Bank, you will be asked to nominate which specific Account you would like us to request Information from.

4.4  You may not be able to select all of your Accounts for a number of reasons, which may include the following:

(a)  you will only be able to select Accounts which you can access online;

(b)  you will only be able to select UK-based Accounts; and

(c)  you will only be able to select Accounts held with Your Bank(s) that are accessible to us. Our Website will display the banks and building societies we can connect with.

If your Bank is listed on our Website but you do not see an Account you would like to select, you should contact Your Bank.

4.5  The Referring Company may ask us to give you the opportunity to select more than one Bank, in which case you will be asked to repeat the process of identifying which Account(s) you would like us to request Information from in relation to the additional Bank(s).

4.6  After you have selected your chosen Account, you will be re-directed back to our Website and we will provide the Service.

 

5  Our right to request your Information

 

5.1  We will only request Information where you have consented to us doing so, however, we will not be able to provide the service without such information. We will only share Information with you and the Referring Company. Our right to request Information from your selected Account will expire once we have successfully received the Information from your Bank . We will keep some or all of your Information to comply with our legal obligations. Details of how we will store and process your Information is set out in our Privacy Notice here. If you wish to repeat the Service in relation to a different Referring Company or Account you will need to provide us with permission again.

 

5.2 We may ask to access your Information on a one off basis or we may ask to access your Information periodically over a 90 day period, depending upon the Referring Company’s request to us. You can opt to disconnect access to your Account(s) at any time. At the end of the 90 day period, we or the Referring Company may ask you to refresh this access for a further 90 days at a time. If you choose to refresh this access you may be asked to confirm this choice to your Bank(s) and this may involve you being redirected to your Bank's online banking login page where you may be prompted to enter your login details. We will not see, record or store any of the login details you enter. You will be responsible for ensuring you provide the correct log in details to your Bank. If you repeatedly provide your Bank with incorrect login details, this may result in your access to your Account(s) being blocked and may mean we can no longer provide the Service as a result.

6  Availability of the Service

 

6.1  We will not be able to request or receive Information where your Bank has blocked either your access to that Account or has denied our request for Information.

6.2  We may not be able to provide this Service if your internet connection, device or network connection fails.

6.3  We may refuse to provide the Service, in accordance with our rights in these Terms.

 

7  Charges

 

7.1  We will not directly charge you for providing this Service. However, we may charge the Referring Company a fee in return for our providing you with this Service and the Referring Company may pass this fee on to you.

 

8  Security

 

8.1  If you think someone else has obtained your login details that you use to access your Account(s) or you think that your Account(s) have been compromised in any way you must contact Your Bank immediately and not us.

8.2  We’ll use reasonable care and skill to ensure that our Website and Service is safe and secure and does not contain viruses or other damaging properties. If we fail to comply with this and you suffer loss and/or damage to your data, software, device, digital content and/or other equipment, we’ll be liable to you.

8.3  You must not use the Website or Service on a device or computer which you know or suspect contains or is vulnerable to viruses or other damaging properties or which does not have up-to-date anti-virus software installed on it.

8.4  If we detect that your device or computer has been compromised in a way that may allow unauthorised or malicious software to be installed, or that it may carry a virus or any malware threat, we may prevent you accessing Service on that device or computer.

 

9  Our responsibility to you

 

9.1  We will not be responsible to you for any failure to provide any Service due to scheduled or required downtime, or for any reason that is beyond our reasonable control. Examples of this include (but are not limited to):

(a)  any technical failure of Your Bank's online platform;

(b)  your Bank denying our request to receive your Information;

(c)  failure of any machine, data processing system or transmission link; or

(d)  outages or lack of coverage or signal on any phone network.

9.2  The information we obtain about your Account(s) and the transactions on that Account is dependent on the Information we receive from your Bank. We are not responsible if your Bank gives us incomplete or incorrect information.

9.3  The Information we obtain from your Bank does not represent a comprehensive illustration of your financial situation. For example, it may not take into account balances held in other accounts or a savings account, credit card, personal loan or mortgage balances.

9.4  If we do not comply with these Terms or we do not use reasonable care and skill in providing the Services to you then we will be responsible for the loss and damage which is a foreseeable result of this breach. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. We are not responsible for any loss or damage which is not foreseeable.

9.5  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 profits, loss of or damage to reputation, loss of contracts, loss of opportunity, loss of business, loss or depletion of goodwill, increased overheads or administration expenses, management time or loss of savings.

9.6  You remain responsible for keeping your online banking log-on details safe in accordance with your agreement with your Bank.

9.7  You must not:

(a)  use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;

(b)  act fraudulently or maliciously in relation to the Service, for example, by accessing an account which is not yours or hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system;

(c)  infringe our intellectual property rights or those of any third party in relation to your use of the Service;

(d)  transmit any material that is illegal, fraudulent, defamatory, offensive or otherwise objectionable in relation to your use of the Service;

(e)  use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security, those of our licensors, your Bank(s) or a Referring Company or interfere with the experience of other users of the Service; or

(f)  collect or harvest any information or data from any Service or our systems or attempt to decipher or interfere with any transmissions to or from the servers running any Service.

 

10  Termination of the Service

 

10.1  One off Access: Where we have requested one off access to your Account(s), the Service will be provided immediately after you have completed each of the steps described in paragraph 4 - you must have provided us with your consent to request Information relating to your Account, identified yourself with Your Bank and selected the relevant Account. You will not be able to withdraw your consent after this point. However, you may be able to withdraw from the Service prior to completing all of the steps set out in paragraph 4.

10.2 Ongoing Access: Where we have requested ongoing access to your Account(s), we will continue to access your Information until our access to your Account(s) expires or is disconnected at your request. Our access to your Account(s) will continue for up to 90 days at a time unless you opt to disconnect sooner or refresh our access for a further 90 day period.

10.3  We may refuse to provide the Service or stop providing the Service (or part of it) at any time if:

(a)  we are legally obliged to do so;

(b)  where we suspect that the Service is being used fraudulently;

(c)  where we suspect unauthorised access;

(d)  you have committed a serious breach of these Terms;

(e)  we reasonably consider that by continuing to provide the Services in accordance with these Terms we may break any law, regulation, code or other duty that applies to us or which we have agreed to follow; or

(f)  we reasonably consider that we may be exposed to action from any government, regulator or law enforcement agency.

 

11  Queries and Complaints

 

11.1  Queries in relation to your Information:

(a)  in the event that there is an unexpected entry in your Information or you feel that the Information is not correct you should contact your Bank;

(b)  in the event that you have a query about the Referring Company’s use of your Information you should contact the Referring Company.

How to complain: If you have any complaints in relation to the Services then please contact our customer services team at customer.relations@transunion.co.uk, or by writing to them at the following address: Consumer Services Team, TransUnion, Consumer Services Team, PO BOX 491, Leeds LS3 1WZ

You can find our customer complaints policy here.

11.2  Complaint Resolution: We have a complaint handling process, which includes alternative dispute resolution (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 we have sent you our final response and you are not happy with how we have handled any complaint, you may want to contact the statutory alternative dispute resolution provider for financial services in the UK – the Financial Ombudsman Service. The Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. The contact details for the Financial Ombudsman Service are:

The Financial Ombudsman Service
Exchange Tower
London
E14 9SR
Tel: 0800 023 4 567 or 0300 123 9 123
E-mail: complaint.info@financial-ombudsman.org.uk
Website: www.financial-ombudsman.org.uk

 

12  General points to note

 

12.1  If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations and we can still insist on the strict application of these Terms later on.

12.2  If any part of the Terms becomes illegal, invalid or unenforceable in any way, this will not affect the validity of the remaining Terms in any way.

12.3  You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent. We can transfer all or some of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

 

13  Language

 

The language of these Terms is English and all information provided, made available and notified to you will be in English.

 

14  Governing law and jurisdiction

 

These Terms and Conditions are governed by the law of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

Important Information

TransUnion International UK Limited is registered in England and Wales with company number 03961870. Registered Office: 1 Park Lane, Leeds, West Yorkshire, LS3 1EP. TransUnion International UK Limited is registered with the Financial Conduct Authority under the Payment Services Regulations 2017 under registration number 805757 for the provision of payment services. TransUnion International UK Limited is also authorised and regulated by the Financial Conduct Authority as a Credit Reference Agency under registration number 737740. Authorisation can be checked on the Financial Services Register at www.fca.org.uk.

TransUnion International UK Limited is part of TransUnion Information Group Limited. TransUnion Information Group Limited and its subsidiaries utilise the TransUnion name under licence from TransUnion LLC.

Please note that other taxes or costs may apply to the Services which are not paid via or imposed by us.

We are covered by the Financial Ombudsman Service (FOS). Please note that only consumers meet the FOS eligibility criteria for this Service.

TUOBST&C Version 2.6

14 September 2022