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1. Introduction
In these terms and conditions:
"Account Details" means the stated balances of your Accounts (which will generally be the uncleared balances) and such other information as is made available to you by your Egg Money Manager;
"Accounts" means those accounts with Organisations that you have registered with us in order for their inclusion in your Egg Money Manager;
"Egg company" means Egg Banking plc and Egg Financial Intermediation Limited and each Egg group company which has Citigroup Inc. as its ultimate holding company;
"Egg Customer" means a person who alone or jointly with another is a customer of ours and has provided us with Egg Security Login Information;
"Egg Money Manager" means the tools and facilities licensed to you by these terms and conditions;
"Egg Security Login Information" means the confidential information that you have provided to us which allows you to access your Egg accounts in the Secure Area;
"Egg Site" means
www.egg.com or such other Internet site as we shall designate for the purposes of these terms and conditions;
"Group" means Citigroup Inc. and its group of companies including Egg Banking plc.
"Organisations" means banks, financial services and other product and service providers listed by us from time to time on the Egg Site as being available for your Egg Money Manager;
"PC" means the personal computer or other device that you use to access your Egg Money Manager;
"Secure Area" means that part of the Egg Site that contains account information for Egg Customers and enables Egg Customers to transact on-line;
"Security Code" means your Egg Security Login Information and the security details, passwords, personal identifiers and other details or codes required for you to access your Accounts through Third Party Sites;
"Third Party Sites" means the Internet sites of those Organisations with whom you have Accounts;
"we", "us", "our" and "ours" means Egg Banking plc and any business or other person to whom we transfer any or all of our rights and responsibilities under these terms and conditions; and
"you" and "your" means you, the Egg Customer, who accepts these terms and conditions.
2. Egg Money Manager
2.1 Your Egg Money Manager comprises a personal licence of tools and facilities for you to have direct access to your Accounts on Third Party Sites and for you to compile your own personal balance sheet with your Account Details in our Secure Area. In order for you to do this it will be necessary for you to register at least one PC with us that meets our published specification and to accept onto the browser of that PC a download of software called "ActiveX". ActiveX will allow you to store your Security Code on your PC in an encrypted form and, having done this, use your Egg Money Manager more securely. In order to continue to receive Account Details you will need to re-enter any change of Security Code.
2.2 As we develop new functionality and benefits and in line with industry developments the tools and facilities that your Egg Money Manager provides you may change. We will let you know of any changes that we intend to make and what you need to do in order to continue to be able to use your Egg Money Manager.
2.3 We are not your agents and have no authority to enter Third Party Sites to retrieve Account Details or transact on your Accounts on your behalf.
3. Security and Egg Money Manager
3.1 By using your Egg Money Manager, you may be breaking the terms and conditions which govern the operation of your Accounts. One or more Organisations may require you to cease using your Egg Money Manager as a condition of you retaining your Accounts with them and, in the event of unauthorised access to your Accounts, they may refuse to reimburse you for your loss. You should contact us if any of these circumstances arise.
3.2 Unauthorised access to your Egg Security Login Information may result in unauthorised access to all your Accounts and not just your Egg accounts. This makes it very important that you follow our security procedures at all times. You will find them in the terms and conditions of your other Egg products.
3.3 Should you believe that there has been any unauthorised access or any unauthorised transaction affecting your Accounts or any of them as a result of your Egg Money Manager you should tell us immediately and provide us with reasonable assistance to investigate the position in accordance with our procedures.
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4. Limits of our liability
4.1 We have no control over Third Party Sites and you agree that your use of those sites and the links to them are entirely at your own risk. We accept no responsibility for the content or use of Third Party Sites.
4.2 The Account Details that you obtain through your Egg Money Manager are those given to you by the relevant Organisations under the terms and conditions applicable to your Accounts. We take no steps to check the accuracy of those Account Details and give you no assurance that you will always be able to obtain them or that they are accurate and complete.
4.3 You transact on your Accounts at your own risk. We will not be liable for any losses that you have on any Account if your Account is subject to unauthorised access or an unauthorised transaction unless that unauthorised access or unauthorised transaction is caused by our own negligence or fraud or the negligence or fraud of any sub-contractor we use.
4.4 We will not be liable if we are prevented from doing anything because of something that we cannot reasonably control, including the unavailability of any Third Party Site or your PC failing to function properly.
5. Collection, use and disclosure of personal information
5.1 During your use of Egg Money Manager, we will gather and may review all the information which:
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you give to us, to other Group companies and to linked suppliers;
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or which we, other Group companies and linked suppliers obtain from you or others about you personally under or in conjunction with these terms and conditions and any other accounts or products and services you take from us.
This is to help us develop and maintain an up-to-date picture of you as an individual, which we and other Group companies can use to keep you informed about other products and services and special offers (including those supplied by third parties) which we or they think might interest you. We may tell you about these using a range of methods, including post, fax and electronic communications, such as the telephone, SMS, email. Please tell us if you prefer not to receive information about other products or services or you do not want other Group companies to be given your personal information. The information we collect (using a range of methods including cookies and similar tracking devices) will include information about how you manage and use your Accounts, including the type of transactions you make using your Accounts. We obtain this information automatically as part of operating Egg Money Manager. If you do not want us to have this information, you should reconsider whether you wish to use Egg Money Manager.
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5.2 We also use cookies (small pieces of information which we send to your computer) and web logs (information about how you use our website) to improve the security of our service and obtain information. For more details about cookies and web logs, see the security and privacy pages.
5.3 We hold and process your personal information and disclose it to other Group companies for them to use:
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in the management and operation of your accounts with us or them;
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for crime and fraud prevention, and debt recovery;
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for assessment and statistical analysis for our or their business;
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for the purpose set out in Clause 5.1 above (Group companies will only do this if you have agreed that they can);
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for considering any application you may make to us or them and for this purpose we may share your personal information with non-Egg divisions of Egg Banking plc;
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with your consent.
5.4 We and other Group companies may disclose your Personal Information:
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to credit reference and fraud prevention agencies or registers. We will make searches of your details with credit reference and fraud prevention agencies when we consider your application. If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We will also give details of how you manage your account to credit reference agencies. (We do not use credit reference agencies in connection with applications for, or the management of, savings products). The information that we give to fraud prevention and credit reference agencies will be recorded by them and shared with other organisations. Organisations access and use the information recorded with fraud prevention agencies to prevent fraud and money laundering, for example when checking details on applications for credit and credit related or other facilities, managing credit and credit related accounts or facilities, recovering debt, checking details on proposals and claims for all types of insurance and checking details of job applicants and employees. You can ask us for details of the fraud prevention agencies we use and can find out more about how credit reference agencies use information in the Frequently Asked Questions section on www.egg.com. The fraud prevention agencies' records can also be accessed and used by organisations in other countries.
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to our insurers, sub-contractors and persons acting as our agents who have agreed to keep your personal information strictly confidential;
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to linked suppliers to the extent that they need your personal information to provide additional benefits or services to you with our consent;
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if we are required or permitted to do so by law, and if we are required to do so to regulatory bodies, for example the Financial Services Authority (FSA) and the Inland Revenue;
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if you are a joint applicant, to any other applicant; and
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with your consent.
5.5 We may record or monitor phone calls between us and you so that we can check instructions and make sure that we are meeting our service standards.
5.6 We aim to keep your personal information up to date. We also rely on you telling us promptly if your name, address, telephone number, e-mail or any other details change.
5.7 The personal information we collect about you may also include sensitive information about you, such as information about your health or a criminal conviction you might have. This information is necessary for processing your application, administering any product you take from us, underwriting, assessment purposes and dealing with any claims you might have.
5.8 We may transfer your personal information to a Group company, linked supplier or sub-contractor or person acting as our agent in another country so long as they agree that your personal information will receive the same levels of protection as we are required to give in the UK. You consent to having your personal data transferred by us, or others processing on our behalf or their agents, to regulators, authorities and law enforcement agencies in other countries (including countries outside the European Economic Area having less stringent data protection requirements than those within it) if the disclosure is required by the laws or regulatory rules of those countries.
5.9 Under The Data Protection Act you are entitled to a copy of your personal information held by us on payment of a fee.
5.10 You have the right of access to your personal records held by credit and fraud agencies. Please contact us if you would like details of the agencies we use.
6. General
6.1 We may cease to provide your Egg Money Manager if you cease to be an Egg Customer or otherwise cease to have access to the Secure Area for any reason or we reasonably believe that you no longer wish to continue to use your Egg Money Manager because you have not used it for a period of at least three months.
6.2 We may change these terms and conditions to make them fairer to you or more easily understandable or to correct a mistake (providing that this will not adversely affect your rights), or to cover a development in, or the introduction of, new products and services and new ways in which you can use your Egg Money Manager or to reflect a change in the law or any code of practice (or the way in which they are applied). We may also introduce a charge for licensing you the use of your Egg Money Manager. We will give you at least one month's prior notice of any change or addition to these terms and conditions. We will tell you about any change by sending you an e-mail, separate written notice or by advertising on the Egg Site. The Accounts that you are able to access via your Egg Money Manager will change from time to time and we may remove Account Details from your Egg Money Manager at any time.
6.3 If we have good reason for doing so, we may, without notice, cancel or suspend your licence to use your Egg Money Manager at any time. We may in any event cease to provide your Egg Money Manager on reasonable notice, not being less than one month's notice.
6.4 We may transfer to any other person or business any or all of our rights under these terms and conditions at any time. We may do this without telling you.
6.5 These terms and conditions are governed by the laws of England and Wales.
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