For Consumers please see Section 1. For SME's please see Section 2.
Section 1. Consumer Terms and Conditions - Certua Financial Information Services Limited
1. Introduction
1.1 These terms and conditions (Terms) apply to the open banking and related services provided by Certua, or by an agent on behalf of Certua, through any websites, web applications, mobile applications or similar devices, channels, platforms, service applications or other applications operated by or on behalf of Certua (or a member of the Certua Group), Certua’s agents or which reference these Terms and conditions (together the Applications).
1.2 In these Terms, “we”, “us” or “our” refers to Certua Financial Information Services Limited (a company incorporated in England with company registration number 11506180) (Certua).
1.3 You must provide acceptance of these Terms before we are able to provide our services to you. By accessing and using the Applications, you agree to be bound by and to act in accordance with these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you are not permitted to access and use any Applications operated by us or to use any of our services and you should immediately stop using or accessing the Applications and the content on them.
1.4 We are required to provide you with the information in these Terms, pursuant to Article 49 and Schedule 4 of the Payment Services Regulations 2017 (Payment Services Regulations). You have the right to request a copy of this information from us at any time during our contractual relationship (i.e. for the period of the provision of the services by us).
Who we are
1.5 Certua is registered with the FCA under firm reference number 834554. Its registered office is at 1st Floor Healthaid House, Marlborough Hill, Harrow, Middlesex HA1 1UD, United Kingdom.
1.6 Certua is registered by the UK Financial Conduct Authority (FCA) as an “account information service provider” (AISP), pursuant to the Payment Services Regulations.
1.7 The reference number can be confirmed at the FCA register at https://www.fca.org.uk/firms/financial-services-register or by contacting the FCA on 0800 111 6768.
Personal Information
1.8 Through your use of the Applications you agree that personal information that you provide (or that is obtained about you from third parties) may be dealt with in accordance with our Privacy Policy.
2. Use of the services and access to your account information
2.1 Open banking came into force in the UK on 13 January 2018 under the EU’s Payment Services Regulations 2017 (Payment Services Regulations) and is a scheme which requires certain banks or account servicing payment service providers (ASPSPs) to make customer transaction information available to authorised third parties, if the customer agrees.
2.2 Our open banking services consist of the extraction and aggregation of information from your online banking accounts (held with the relevant ASPSP), in order to provide you with consolidated information about your spending habits, data analytics services, insurance services or other similar services, including providing third party credit providers with such information upon request by you, for the purpose of obtaining lending, asset purchase and/or loan application decisions.
2.3 Please note that your data may be refreshed periodically in order to ensure that the services we provide to you are tailored and based on up-to-date data about you. We will be able to refresh the data until your consent expires (the relevant timeframe for which your consent will apply will vary depending on the data source – e.g. for Open Banking, such consent will last for a period of 90 days at which point we will ask you to re-consent for a further period).
2.4 For the purposes of these Terms and solely to carry out the services, you grant Certua authority to access third party sites (including any site of the relevant ASPSP) in order retrieve and use your information for the purpose of providing the services and/or any other services you have requested. You acknowledge and agree that when we access and retrieve account or other information from third party sites, we act as your agent, not as the agent of, or on behalf of, the third party whose site we are accessing. You understand and agree that the services are not sponsored or endorsed by any third parties accessible through the services.
2.5 By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to us through the Applications, you are licensing that content to us for the purpose of providing the services and to use in accordance with these Terms and our Privacy Policy. By submitting this content to us, you represent that you are entitled to submit it to us to use for this purpose, without any obligation by us to pay any fees or other limitations.
3. Your responsibilities
3.1 You must ensure that all information you enter on to the Applications is true, accurate and complete and that you disclose all relevant and material facts. You are only entitled to access and use the service for lawful purposes and must not misrepresent your identity or your user information. If there are any changes to any information that you have provided then you should notify us or the relevant agent acting on our behalf to correct this.
3.2 If you deliberately provide false information or act in a fraudulent manner then we or any member of the Certua Group may seek to take action against you for fraud or misrepresentation or, in serious cases, you may be subject to criminal proceedings.
3.3 In order to comply with UK money laundering requirements it may be necessary for us to carry out certain checks on you and your identity or the identity of any beneficiary. You agree that you will provide any information that we may require in order to do so.
3.4 You agree that you will be liable to us for any damage, loss, claim, demand, liability or expense (including reasonable legal fees) that we may suffer or incur arising out of or in connection with your conduct on the Applications and/or your breach of these Terms.
4. Our responsibilities and our liability to you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so
4.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; our duties and liabilities to you under the Financial Services and Markets Act 2000, or any conduct of business rules that we are bound to comply with.
We are responsible to you for foreseeable loss and damage caused by us
4.2 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 these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your information is inputted on to the Applications.
4.3 We supply services only for domestic and private purposes. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any losses, including but not limited to loss of profit, loss of business, business interruption, loss of business opportunity or consequential losses.
4.4 We do not accept any responsibility or liability for any loss or damage you or any third party may incur:
4.4.1 in connection with an event or series of events which is/are outside our reasonable control;
4.4.2 if any information, content, material or data you provide on the Applications is not correct, complete and accurate, or if it is misleading, or if you fail to disclose all relevant facts or fail to inform us of any errors within any documents that you receive or that are made available to you describing any services that you have entered into;
4.4.3 arising from an inability to access the Applications, from any use of the Applications or from reliance on the data transmitted using the Applications where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet; or
4.4.4 in connection with any act, omission, error or default by any other third party in the provision of any services.
4.5 Save for in respect of any liability which cannot be lawfully excluded, our aggregate liability to you arising from or in connection with these Terms will at all times be limited to any fees paid by you (or the relevant agent acting on behalf of Certua) to Certua during the 12 months preceding the date on which the claim arose.
4.6 Please note that in relation to the information and/or insights provided pursuant to the services, including any such information/and or insights derived from your bank (and/or ASPSP), we exclude any warranties, undertakings or representations (either express or implied) to the full extent permitted under applicable law, that such information/and or insights are accurate or complete. In addition, we exclude any warranties, undertakings or representations that the Applications are free from viruses or anything else which may have a harmful effect on any technology.
Information and decisions issues by third parties
4.7 Please note that we may work with third parties such as credit providers for the purpose of obtaining lending, asset purchase and/or loan application decisions on your behalf and at your request. Certua will not be responsible for any information issued and/or decisions taken by such third parties and you should refer to the individual terms and conditions of such third parties for further information.
Information on the Applications
4.8 Nothing on the Applications is financial, investment or other advice provided by us or should be considered to be a recommendation or endorsement by us in respect of any services referred to on an Application. Information we provide via any Application should not be relied upon by you and is provided for general information purposes only.
4.9 We are not responsible for any commentary, opinions, ratings or other postings on the Applications by any third party.
5. Our fees
The fees payable for our services will be covered by your subscription with the relevant agent or by the relevant third party credit provider. If we do charge you a fee we will notify you and provide details of that fee (or the basis for calculating the fee) beforehand. Please contact us if you wish to know more about our fees.
6. Termination
6.1 These Terms will continue to apply until the provision of services is no longer required or until terminated by either you or us as set out below.
6.2 If you wish to terminate these Terms, you may do so upon one month’s notice (or with immediate effect in our discretion) by contacting us with details of your account (username, email address, first name and last name). For security we will confirm to you by email before closing your account. When confirmed your account will be closed and your ability to login deactivated. Your account data will be removed subject to and as explained in our Privacy Policy.
6.3 We reserve the right at any time to refuse to provide or suspend the provision of the services:
6.3.1 if you have breached any provision of these Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms);
6.3.2 if we are required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful); or
6.3.3 if, due to circumstances beyond our control, we are no longer able to provide the services to you.
7. Website terms of use
Use of the Applications
7.1 If you are in breach of these Terms (or any part of them), your right to access and use any Application or service operated by us will cease immediately.
Availability of the Applications
7.2 We aim to provide uninterrupted access to the Applications that we operate, but we cannot guarantee this. We reserve the right to suspend, restrict or terminate your access to our Applications at any time for reasons including but not limited to maintenance or repair of the Applications or services or other actions that we, in our sole discretion, may elect to take.
Intellectual property rights
7.3 Unless otherwise stated, Certua (or the relevant member of the Certua Group, as applicable), is the owner or the licensee of all intellectual property rights, including, without limitation, all logos, trademarks, service marks, domain names, database rights, copyright, rights in designs, rights in know-how, patents and rights in inventions (whether registered or unregistered) and all other intellectual or industrial property rights in any jurisdiction and for any information, content, materials, data or processes contained in or underlying our Applications and/or any services we provide. You must not use such information or copyright material unless you have written permission from us to do so. All rights of Certua Group in such intellectual property rights are reserved.
7.4 Any logos, trademarks, service marks and domain names, copyright and all related intellectual property rights of the companies, intermediaries or providers with which we have business relationships remain the intellectual property rights of those companies and belong to those companies, intermediaries and providers, and you may not reproduce them without their prior written consent.
7.5 You may temporarily print, copy, download or store extracts of information, content, material or data displayed on our Applications for your own personal, non-commercial use, provided you do not otherwise breach these Terms.
7.6 You must not use our Applications (or any of them):
7.6.1 in any unlawful or fraudulent manner;
7.6.2 to harm, threaten, abuse, defame, libel, intimidate or harass another person, or in a way that invades another person’s privacy or is, offensive, indecent, inappropriate, discriminatory or damaging (as determined by us);
7.6.3 in order to build a product or service which competes with all or any part of the services provided by Certua under these Terms; or
7.6.4 in a way that interferes with, disrupts or imposes an unreasonable or disproportionately large burden on our communications and technical systems or those of any other person.
7.7 You must not sell, rent, lease, distribute, display, disclose, or otherwise make the services or the Applications (or any part of them) available to any third party unless permitted under these Terms.
7.8 You must not tamper with, modify, reverse engineer or amend any part of our Applications.
Confirmation of age
7.9 Our services are intended for the use of over-18s only.
Viruses, hacking and other offences
7.10 You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide is free from viruses and will not introduce any virus or other thing which may have a harmful effect on any part of our Applications or any other technology.
7.11 You must not attempt to gain unauthorised access to our Applications, the servers on which our Applications are stored or any server, computer or database connected to our Applications. You must not attack our Applications via a denial-of-service attack or a distributed denial-of-service attack.
7.12 By breaching these Terms, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Applications will cease immediately.
Security
7.13 In order to safeguard your information, we maintain security measures to protect the confidentiality and integrity of your personalised security credentials and we frequently carry out risk assessments and audits to monitor and review threats and vulnerabilities to our systems to prevent fraud. However, while we will do our best to protect your personal information, we cannot guarantee the security of your information which is transmitted to any Application via an internet or similar connection.
7.14 If you create any usernames and passwords when using the Applications, they must be kept confidential by you and must not be shared with anyone. If you do disclose to anyone your username, password and/or other identification information, you are solely responsible for all activities undertaken on the Applications using your username, password and/or other identification information.
7.15 So far as is permitted by applicable laws, we will notify you without undue delay by email (where appropriate) upon becoming aware of any suspected or actual fraud or security threats relating to your account or information.
7.16 If you become aware of any loss, theft or unauthorised use of your user information, you agree to notify us immediately (please see our contact details below).
Third party applications and services
7.17 We work with a large number of providers and intermediaries. Your use of any provider or intermediary sites will be subject to the relevant providers’ and intermediaries’ own terms and conditions. It is important that you read such terms and conditions as they may differ from ours.
7.18 You can access hyperlinks published on our Applications or emailed to you as part of our services. The hyperlinks will direct you to websites owned and operated by third parties. We accept no liability for any statements, information, products or services that are published on or may be accessible through third party websites, as this is outside our control.
8. Communications
All notices referred to under these Terms will be sent electronically to the e-mail address that you provide to us as your primary email address. We will send a notification to you if there is a change to the services or these Terms (pursuant to clause 9.12). We may also notify you by email of information relating to the services from time to time.
9. Other important terms
Nobody else has any rights under these Terms
9.1 These Terms are between you and us. No other person shall have any rights to enforce any of its terms.
Assignment
9.2 Your right to access and use the services is personal to you and is not transferable by you to any other person or entity. You will not, without the prior written consent of Certua (such consent not to be unreasonably withheld), assign, transfer, charge, subcontract or deal in any other manner with, all or any of its rights or obligations under these Terms.
If a court finds part of these Terms illegal, the rest will continue in force
9.3 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce them later
9.4 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 breaking these Terms, 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.
Complaints
9.5 We aim to provide you with an excellent service at all times. If you are unhappy with our service for any reason, please contact our Customer Services Team by emailing contact@certua.io.
9.6 Once your complaint is received, we will respond with a full reply or send you an acknowledgement letter, which will tell you who is dealing with your complaint and when you will be contacted again.
9.7 We will aim to send you a formal acknowledgement of your complaint within 48 hours and to resolve it as soon as possible. If your complaint is particularly complex, the investigation period may need to be extended, up to a maximum of eight weeks. In these cases, we will periodically give you an update on progress.
Alternative dispute resolution
9.8 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 have the right to refer your complaint to the Financial Ombudsman Service. If you wish for the Financial Ombudsman Service to look into your complaint, please note that you must refer it to them within six months of the date of our final response.
9.9 Contact details of the Financial Ombudsman Service are set out below:
The Financial Ombudsman Service
Address: Exchange Tower, London, E14 9SR
Tel: 0800 023 4567 (freephone service)
Website: http://www.financial-ombudsman.org.uk/
Contact us
9.10 Please contact us using the following email: contact@certua.io
Alternatively, you can write to write to Certua: Certua Financial Information Services Limited, 1st Floor Healthaid House, Marlborough Hill, Harrow, Middlesex, United Kingdom, HA1 1UD.
You can call Certua on: +44 (0)20 3962 0795 (Monday – Friday between 9am and 5pm).
When can we amend these Terms?
9.11 We may amend these Terms from time to time for example, to keep them up to date, to implement minor technical adjustments and improvements or to comply with legal requirements (the “last updated” reference tells you when we last updated our Terms), provided that we will provide no less than two months’ notice to you of such changes before the date on which they are to take effect. You will be deemed to have accepted such changes if you do not object in writing to us before the proposed date of entry into force of the changes (and you will have the right to terminate these Terms without penalty at any time before the proposed date of entry into force of the changes).
Which laws apply to these Terms and where you may bring legal proceedings
9.12 These Terms and your access to and use of the Applications are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
9.13 We do not provide any warranties that the services or Applications are appropriate or available for use either in the United Kingdom or in other jurisdictions. If you use the Applications from other jurisdictions, you are responsible for compliance with applicable local laws.
Definitions
9.14 “Certua Group” means Certua and any associated companies of Certua (including Certua Financial Information Services Limited, Certua Group Limited, Certua Licensing Limited, Certua Protect Limited and Certua Services Limited).
9.15 “FCA” means the Financial Conduct Authority or any other regulator which replaces it.
9.16 “services” means any account information services, open banking services or other services that Certua (or any agent on behalf of Certua) may make available to you.
9.17 “Terms” means these Terms and Conditions.
9.18 “you” and “your” mean the person who accesses and uses the Applications.
Last updated: January 2021
Section 2. SME Terms and Conditions - Certua Financial Information Services Limited
Terms and Conditions (businesses)
Certua Financial Information Services Limited
1. Introduction
1.1 These terms and conditions (Terms) apply to all data aggregation and related services offered by us through any websites, web applications, mobile applications or similar devices, channels, platforms, service applications or other applications operated by or on behalf of us (or a member of the Certua Group), Certua’s agents or which reference these Terms (together the Applications).
1.2 In these Terms, “we”, “us” or “our” refers to Certua Financial Information Services Limited (a company incorporated in England with company registration number 11506180) (Certua).
1.3 By accessing and using the Applications, you agree to be bound by and to act in accordance with these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you are not permitted to access and use any Applications operated by us or to use any of our services and you should immediately stop using or accessing the Applications and the content on them.
1.4 You may request a copy of these Terms from us at any time during our contractual relationship (i.e. for the period of the provision of the services by us).
Who we are
1.5 Certua is registered with the FCA under firm reference number 834554. Its registered office is at 1st Floor Healthaid House, Marlborough Hill, Harrow, Middlesex HA1 1UD, United Kingdom.
1.6 Certua is registered by the UK Financial Conduct Authority (FCA) as an “account information service provider” (AISP), pursuant to the Payment Services Regulations.
1.7 The reference number can be confirmed at the FCA register at https://www.fca.org.uk/firms/financial-services-register or by contacting the FCA on 0800 111 6768.
Personal Information
1.8 Through your use of the Applications you agree that personal information that you provide (or that is obtained about you from third parties) may be dealt with in accordance with our Privacy Policy.
2. Services
2.1 As part of our services, we will use financial and/or company data about your business provided by you and/or third party sources in order to provide you with consolidated information about company spending trends, data analytics services, insurance services or other similar services. We may also provide third party credit providers with such information upon request by you, for the purpose of obtaining lending, asset purchase and/or loan application decisions.
2.2 Please note that your data may be refreshed periodically in order to ensure that the services we provide to you are tailored and based on up-to-date data about your business. We will be able to refresh the data until your consent expires (the relevant timeframe for which your consent will apply will vary depending on the data source – e.g. for Open Banking (see further below), such consent will last for a period of 90 days at which point we will ask you to re-consent for a further period).
Open banking
2.3 Open banking came into force in the UK on 13 January 2018 under the EU’s Payment Services Regulations 2017 (Payment Services Regulations) and is a scheme which requires certain banks or account servicing payment service providers (ASPSPs) to make customer transaction information available to authorised third parties, if the customer agrees.
2.4 Our open banking services consist of the extraction and aggregation of information from your online banking accounts (held with the relevant ASPSP), in order to provide you with the services described above.
2.5 For the purposes of these Terms and solely to carry out the services, you grant Certua authority to access third party sites (including any site of the relevant ASPSP) in order retrieve and use your information for the purpose of providing the services and/or any other services you have requested. You acknowledge and agree that when we access and retrieve account or other information from third party sites, we act as your agent, not as the agent of, or on behalf of, the third party whose site we are accessing. You acknowledge and agree that the services are not sponsored or endorsed by any third parties accessible through the services.
2.6 Your right to access and use the services is not transferable by you to any other person or entity.
2.7 By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to us through the Applications, you are licensing that content to us for the purpose of providing the services and to use in accordance with these Terms and our Privacy Policy. By submitting this content to us, you represent that you are entitled to submit it to us to use for this purpose, without any obligation by us to pay any fees or other limitations.
3. Your obligations
3.1 You must ensure that all information about your business that you enter on to the Applications is true, accurate and complete and that you disclose all relevant and material facts. You are only entitled to access and use the service for lawful purposes and must not misrepresent your identity or your user information. If there are any changes to any information that you have provided then you should notify us or the relevant agent acting on our behalf to correct this.
3.2 If you deliberately provide false information or act in a fraudulent manner then we or any member of the Certua Group may seek to take action against you including but not limited to for fraud or misrepresentation.
3.3 In order to comply with UK money laundering requirements it may be necessary for us to carry out certain checks on you and your identity or the identity of any beneficiary. You agree that you will provide any information that we may require in order to do so.
3.4 You will defend, indemnify and hold harmless each relevant member of the Certua Group, its officers, directors, shareholders and employees, from and against all claims and expenses, including but not limited to legal fees, in whole or in part arising out of or attributable to your conduct on the Applications and/or any breach of these Terms by you or on your behalf.
4. Liability
4.1 You accept and acknowledge that:
4.1.1 the Applications have not been developed to meet your individual requirements, and further acknowledge that the Applications are not free from bugs or errors;
4.1.2 you will assume sole responsibility for all losses and liabilities arising from the use of the services or the Applications, and for any conclusions drawn from such use;
4.1.3 Certua will not be liable for any loss or damage to data arising as a result of your use of the services and/or the Applications; and
4.1.4 all conditions, warranties, terms and undertakings (whether express or implied), statutory or otherwise relating to the delivery, performance, quality, accuracy, uninterrupted availability and use, fitness for purpose or reliability of the services and/or the Applications are hereby excluded to the fullest extent permitted by applicable laws.
4.2 We do not accept any responsibility or liability for any loss or damage you or any third party may incur:
4.2.1 in connection with an event or series of events which is/are outside our reasonable control;
4.2.2 if any information, content, material or data you provide on the Applications is not correct, complete and accurate, or if it is misleading, or if you fail to disclose all relevant facts or fail to inform us of any errors within any documents that you receive or that are made available to you describing any services that you have entered into;
4.2.3 arising from an inability to access the Applications, from any use of the Applications or from reliance on the data transmitted using the Applications; or
4.2.4 in connection with any act, omission, error or default by any other third party in the provision of any services.
4.3 In relation to the information and/or insights provided pursuant to the services, including any such information/and or insights derived from your bank (and/or ASPSP) or any other third party data sources, we exclude any warranties, undertakings or representations (either express or implied) to the full extent permitted under applicable law, that such information/and or insights are accurate or complete. In addition, we exclude any warranties, undertakings or representations that the Applications are free from viruses or anything else which may have a harmful effect on any technology.
4.4 Certua will not, under any circumstances, be liable for:
4.4.1 loss of profits (whether considered to be a direct or indirect loss);
4.4.2 loss of business;
4.4.3 depletion of goodwill and/or damage to reputation;
4.4.4 loss of data;
4.4.5 loss of anticipated savings;
4.4.6 loss of contract;
4.4.7 loss of use; or
4.4.8 any special, indirect or consequential loss,
arising from or in connection with these Terms or the services referred to in them.
4.5 Subject to clause 4.4, and save for in respect of any liability which cannot be lawfully excluded, Certua’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with or under this agreement will at all times be limited to any fees paid by you (or the relevant agent acting on behalf of Certua) to Certua during the 12 months preceding the date on which the claim arose.
Information and decisions issues by third parties
4.6 Please note that we may work with third parties such as credit providers for the purpose of obtaining lending, asset purchase and/or loan application decisions on your behalf and at your request. Certua will not be responsible under any circumstances and excludes all liability in full in respect of any information issued and/or decisions taken by such third parties and you should refer to the individual terms and conditions of such third parties for further information.
Information on the Applications
4.7 Nothing on the Applications is financial, investment or other advice provided by us or should be considered to be a recommendation or endorsement by us in respect of any services referred to on an Application. Information we provide via any Application should not be relied upon by you and is provided for general information purposes only.
4.8 We are not responsible for any commentary, opinions, ratings or other postings on the Applications by any third party.
5. Our fees
The fees payable for our services will be covered by your subscription with the relevant agent or by the relevant third party credit provider. If we do charge you a fee we will notify you and provide details of that fee (or the basis for calculating the fee) beforehand. Please contact us if you wish to know more about our fees.
6. Data protection
6.1 For the purpose of this clause 6, the terms process, processed, processes, processing, personal data, personal data breach, data controller, data processor and data subject have the meanings set out in the Data Protection Legislation).
6.2 In the course of carrying out any data aggregation or related services (e.g. Open Banking services) that we may provide to you, we may process personal data in respect of your staff, suppliers, clients, agents and other persons connected with your business (Data). In respect of such Data, it is agreed that you are the data controller and Certua is the data processor.
6.3 You hereby consent for Certua to process, analyse, edit, and add to the Data where this is relevant to Certua’s obligations under these Terms or where this is required in order for Certua to provide the services you have requested. You warrant and undertake that you have the authority to grant such consent on behalf of all persons who are the subjects of such Data.
6.4 In respect of any Data processed by Certua in connection with these Terms, Certua will:
6.4.1 process the Data only on your documented instructions, including with regard to transfers of the Data to a third country or an international organisation, unless required to do so by applicable laws to which Certua is subject; in such a case, Certua will inform you of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;
6.4.1 ensure that persons authorised to process the Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
6.4.2 take all measures required pursuant to Article 32 of the GDPR;
6.4.3 taking into account the nature of the processing, assist you by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the GDPR;
6.4.4 assist you in ensuring compliance with your obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of processing and the information available to Certua;
6.4.5 at your choice, delete or return all the Data to you after the end of the provision of the services relating to processing, and delete existing copies unless any applicable laws require storage of the Data;
6.4.6 make available to you all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you (at your cost); and
6.4.7 immediately inform you if, in Certua’s opinion, an instruction provided by you infringes the GDPR or other applicable laws to which Certua is subject.
6.4.8 You provide a general authorisation for Certua to subcontract its processing obligations to the subcontractors listed below, subject to Certua informing you of any intended changes concerning the addition or replacement of any data sub-processor throughout the duration of the services, thereby giving you the opportunity to object to such changes. Where a member of the Certua Group is appointed to act as a sub-processor, each such member hereby agrees to process the Data in accordance with clause 6 of these Terms (and any other sub-processor must agree in writing to process the Data on terms equivalent to those set out in clause 6 of these Terms). Certua will remain liable to you for the performance of any such sub-processor’s obligations.
6.4.9 The parties agree that the following is applicable in respect of the processing of the Data by Certua:
6.4.9.1 The subject matter and duration of the processing:
6.4.9.1.1 Subject matter: Data aggregation and related services provided pursuant to these Terms.
6.4.9.1.2 Duration: From the commencement of the relevant data aggregation and related services up until the completion of such services.
6.4.9.2 The nature and purpose of processing: The processing of Data in the course of carrying out any data aggregation or related services (e.g. Open Banking services) that we may provide to you, in respect of which we may access your bank transaction data.
6.4.9.3 The type of personal data being processed: Data displayed in the course of accessing bank transaction data and providing data aggregation services such as names, addresses, employment information and payment information.
6.4.9.4 The categories of data subjects: Your staff, suppliers, clients, agents and other persons connected with your business.
6.4.9.5 Certua’s approved data sub-processors: Each other relevant member of the Certua Group.
7. Termination
7.1 These Terms will continue to apply until the provision of services is no longer required or until terminated by either you or us as set out below.
7.2 If you wish to terminate these Terms, you may do so upon one month’s notice (or with immediate effect in our discretion) by contacting us with details of your account (username, email address, first name and last name). For security we will confirm to you by email before closing your account. When confirmed your account will be closed and your ability to login deactivated. Your account data will be removed subject to and as explained in our Privacy Policy.
7.3 We reserve the right at any time to terminate these terms, or to refuse to provide or suspend the provision of the services:
7.3.1 if you have breached any provision of these Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms);
7.3.2 if we are required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful); or
7.3.3 if, due to circumstances beyond our control, we are no longer able to provide the services to you.
8. Website terms of use
Use of the Applications
8.1 If you are in breach of these Terms (or any part of them), your right to access and use any Application or service operated by us will cease immediately.
Availability of the Applications
8.2 We aim to provide uninterrupted access to the Applications that we operate, but we cannot guarantee this. We reserve the right to suspend, restrict or terminate your access to our Applications at any time for reasons including but not limited to maintenance or repair of the Applications or services or other actions that we, in our sole discretion, may elect to take.
Intellectual property rights
8.3 Unless otherwise stated, Certua (or the relevant member of the Certua Group, as applicable), is the owner or the licensee of all intellectual property rights, including, without limitation, all logos, trademarks, service marks, domain names, database rights, copyright, rights in designs, rights in know-how, patents and rights in inventions (whether registered or unregistered) and all other intellectual or industrial property rights in any jurisdiction and for any information, content, materials, data or processes contained in or underlying our Applications and/or any services we provide. You must not use such information or copyright material unless you have written permission from us to do so. All rights of Certua Group in such intellectual property rights are reserved.
8.4 The parties acknowledge and agree that, save for your access granted to the services pursuant to these Terms, you will have no rights in or to the Applications and, in particular, will have no rights in or ownership of all or any of the intellectual property rights in the Applications. Any provisions of these Terms purporting to transfer ownership of the Applications (or any part of them) to you, or any attempt by you to transfer ownership of the Applications (or any part of them), will be invalid.
8.5 Any logos, trademarks, service marks and domain names, copyright and all related intellectual property rights of the companies, intermediaries or providers with which we have business relationships remain the intellectual property rights of those companies and belong to those companies, intermediaries and providers, and you may not reproduce them without their prior written consent.
8.6 You will not (directly or indirectly):
8.6.1 use the Applications in any unlawful or fraudulent manner;
8.6.2 use the Applications to harm, threaten, abuse, defame, libel, intimidate or harass another person, or in a way that invades another person’s privacy or is offensive, indecent, inappropriate, discriminatory or damaging (as determined by Certua); or
8.6.3 attempt to copy, modify, adapt, convert, duplicate, create derivative works from, make error corrections to, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Applications in any form or media or by any means;
8.6.4 attempt to decompile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form or in any other manner decode all or any part of the Applications;
8.6.5 attempt to gain unauthorised access to the Applications, the servers on which the Applications are stored or any server, computer or database connected to the Applications;
8.6.6 attack the Applications via a denial-of-service attack or a distributed denial-of-service attack;
8.6.7 access all or any part of the Applications in order to build a product or service which competes with the Applications and/or Certua’s business; and
8.6.8 attempt to obtain, or assist third parties in obtaining, access to the Applications, other than as provided under these Terms.
Viruses, hacking and other offences
8.7 You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide is free from viruses and will not introduce any virus or other thing which may have a harmful effect on any part of our Applications or any other technology.
Security
8.8 In order to safeguard your information, we maintain security measures to protect the confidentiality and integrity of your personalised security credentials and we frequently carry out risk assessments and audits to monitor and review threats and vulnerabilities to our systems to prevent fraud. However, while we will do our best to protect your personal information, we cannot guarantee the security of your information which is transmitted to any Application via an internet or similar connection.
8.9 If you create any usernames and passwords when using the Applications, they must be kept confidential by you and must not be shared with anyone. If you do disclose to anyone your username, password and/or other identification information, you are solely responsible for all activities undertaken on the Applications using your username, password and/or other identification information.
8.10 So far as is permitted by applicable laws, we will notify you without undue delay by email (where appropriate) upon becoming aware of any suspected or actual fraud or security threats relating to your account or information.
8.11 If you become aware of any loss, theft or unauthorised use of your user information, you agree to notify us immediately (please see our contact details below).
Third party applications and services
8.12 We work with a large number of providers and intermediaries. Your use of any provider or intermediary sites will be subject to the relevant providers’ and intermediaries’ own terms and conditions. It is important that you read such terms and conditions as they may differ from ours.
8.13 You can access hyperlinks published on our Applications or emailed to you as part of our services. The hyperlinks will direct you to websites owned and operated by third parties. We accept no liability for any statements, information, products or services that are published on or may be accessible through third party websites, as this is outside our control.
9. Communications
All notices referred to under these Terms will be sent electronically to the e-mail address that you provide to us as your primary email address. We will send a notification to you if there is a change to the services or these Terms (pursuant to clause 10.15). We may also notify you by email of information relating to the services from time to time.
10. Miscellaneous
Third party rights
10.1 Nothing in these Terms confers or will be deemed to confer on any person who is not a party to it a right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
No partnership or agency
10.2 Nothing in these Terms is intended to, or will, operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party will have the authority to act in the name or on behalf of, or otherwise to bind, the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
Assignment
10.3 You will not, without the prior written consent of Certua (such consent not to be unreasonably withheld), assign, transfer, charge, subcontract or deal in any other manner with, all or any of its rights or obligations under these Terms.
Severance
10.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
Waiver
10.5 A waiver of any right under these Terms is effective only if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
10.6 No failure or delay by a party to exercise any right or remedy provided under these Terms or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy.
10.7 Unless specifically provided otherwise, rights arising under these Terms are cumulative and do not exclude rights provided by law.
Complaints
10.8 We aim to provide you with an excellent service at all times. If you are unhappy with our service for any reason, please contact our Customer Services Team by emailing client-services@certua.io or using our contact form [insert hyperlink];
10.9 Once your complaint is received, we will respond with a full reply or send an acknowledgement letter to you, which will tell you who is dealing with your complaint and when we will contact you again.
10.10 We will aim to send you a formal acknowledgement of your complaint within 48 hours and to resolve it as soon as possible. If your complaint is particularly complex, the investigation period may need to be extended, up to a maximum of eight weeks. In these cases, we will periodically give you an update on progress.
Alternative dispute resolution
10.11 If you remain unsatisfied with our response to your complaint, you may be eligible to submit a complaint to the Financial Ombudsman Service to be resolved via alternative dispute resolution.
10.12 Contact details of the Financial Ombudsman Service are set out below:
The Financial Ombudsman Service
Address: Exchange Tower, London, E14 9SR
Tel: 0800 023 4567 (freephone service)
Website: http://www.financial-ombudsman.org.uk/
Contact us
10.13 you can:
email Certua: client-services@certua.io
call Certua: +44 (0)20 3962 0003 (Monday – Friday between 9am and 5pm).
Write to: Certua, Unit 7, 27 Corsham Street, London, N1 6DR, UK
Amendments to these Terms
10.14 We may amend these Terms from time to time for example, to keep them up to date, to implement minor technical adjustments and improvements or to comply with legal requirements (the “last updated” reference tells you when we last updated our terms), provided that if we make any significant amendment, we will notify you and you may then contact us within 30 days if you do not wish to accept the amendment. However, in that case, we may decide not to provide any further services to you.
Governing law and jurisdiction
10.15 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation will be governed by and construed in accordance with the law of England and Wales.
10.16 Each party irrevocably agrees that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
10.17 We do not provide any warranties that the services or Applications are appropriate or available for use either in the United Kingdom or in other jurisdictions. If you use the Applications from other jurisdictions, you are responsible for compliance with applicable local laws.
Definitions
10.18 “Certua Group” means Certua and any associated companies of Certua (including Certua Group Limited, Certua Licensing Limited, Certua Protect Limited, Certua Lending Limited, Certua Financial Information Services Limited, Certua Sport Limited and Certua Services Limited).
10.19 “Data Protection Legislation” the GDPR; the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC); the Privacy and the Electronic Communications Regulations 2003 (SI 2003/2426) as amended, and all other applicable data protection and privacy legislation in force from time to time in the UK.
10.20 “FCA” means the Financial Conduct Authority or any other regulator which replaces it.
10.21 “GDPR” as defined as the “UK GDPR” in the Data Protection, Privacy and Electronic Communications Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations SI 2019/419;
10.22 “services” means any account information services, open banking services or other services that Certua (or any agent on behalf of Certua) may make available to you.
10.23 “Terms” means these Terms and Conditions.
10.24 “you” and “your” means the relevant business entity that accesses and uses the Applications.
