Terms and Conditions for Digital Card Services
1.1 These Terms and Conditions govern your use of a Digital Card Service available through a Digital Card Services Provider. They are in addition to and are not in substitution of the Account Terms and Conditions and KBC Terms and Conditions for Online and Mobile Account Access.
1.2 You should read these Terms and Conditions carefully before registering a Digital Card with a Digital Card Service Provider. You will be required to accept these terms and conditions in order to register a Digital Card with a Digital Card Service Provider.
1.3 A copy of these Terms and Conditions are available at any time from our website www.kbc.ie
1.4 In the event of any conflict between these Terms and Conditions and the Account Terms and Conditions, the Account Terms and Conditions shall prevail unless expressly stated to the contrary. In the event of any conflict between these Terms and Conditions and the KBC Terms and Conditions for Online and Mobile Account Access, these Terms and Conditions shall take precedence.
1.5 These Terms and Conditions govern your access to and use of your Digital Card only as between KBC and you. The Digital Card Service Provider, your wireless carrier, and other third party services or websites incorporated in the Digital Card Service may have their own terms and conditions and privacy policies (“Third Party Agreements”) and you are also subject to those Third Party Agreements when you give them your personal information, use their services or visit their respective websites. It is your responsibility to ensure you agree with these Third Party Agreements before activating or using a Digital Card through a Digital Card Service Provider.
2. Definitions and Interpretation
2.1 In these Terms and Conditions:
Account Terms and Conditions
mean the terms and conditions applicable to the account in connection with which the Digital Card has been issued.
means the applicable KBC current account or KBC credit card agreement relating to your debit card or credit card.
means a payment where the Digital Card is tapped onto a contactless reader.
Data Protection Documents
means the Data Protection Notice and the Privacy Statement as amended, extended or replaced from time to time for such reasons as KBC deems reasonable and/or necessary. These documents are separate from and in addition to any applicable Third Party Agreement privacy policies, including those of the Digital Card Services Provider..
Data Protection Law
means all legislation and regulations relating to the processing and protection of personal data including (without limitation) the Data Protection Acts 1988 and 2003, the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Commutations) Regulations 2011, the EU Data Protection Directive 95/46/EC, the Data Protection (Registration) Regulations 2001, the Data Protection Act 1988 (Section 16(1)) Regulations 2007, the General Data Protection Regulation (EU) 2016/679, and the Personal Data Security Breach Code of Practice issued by the Data Protection Commissioner relating to the processing of personal data or privacy or any amendments and re-enactments thereof.
Data Protection Notice
means the data protection notice produced by KBC to explain the terms on which any personal data received in connection with your Accounts will be collected and used by us or on our instruction and the mechanisms by which you can exercise your rights pursuant to Data Protection Law. The Data Protection Notice may be accessed online at www.KBC.ie. Hard copies may also be obtained directly from us.
means an Eligible Card that you have selected and registered to use with a Digital Card Service.
Digital Card Services Provider
means the entity offering Digital Card Services through a Supported device.
Digital Card Services
means services permitting the user to store their Eligible Card as Virtual Represention in a wallet on their Enabled Device as a Digital Card and using the Digital Card to affect payment transactions.
means a physical KBC Credit MasterCard or KBC Debit MasterCard.
means a mobile device that supports payments through Digital Card Services.
means the ability to make a purchase within a mobile application with merchants who provide payment services via Digital Card Services in their apps.
Personal Security Details
means your Digital Card Service passcode, pattern, PIN and touch identification as applicable.
means the privacy statement for mobile and online banking which outlines how KBC deal with any personal data provided while visiting our website, while using our mobile banking applications (Apps) or when interacting with us through any of our social media or other interactive channels. The Privacy Statement may be accessed online at www.kbc.ie
means the communication message capability on your Enabled Device.
means User ID, passwords, pattern, PIN, biometric data (including Touch ID) and any other means that you may from time to time have to access Digital Wallet Services.
means a device that supports your chosen Digital Card Service.
Terms and Conditions
means these Terms and Conditions for Digital Card Services
Third Party Agreements
means agreements with interalia, your Digital Card Service Provider, your wireless carrier and any other third party services or websites incorporated into the Digital Card Services, which have their own terms and conditions and privacy policies.
means a fingerprint recognition feature used to authenticate Digital Card activities such as transactions and can be set up or amended using the Enabled Device pass code.
means an electronic replica of an Eligible Card held on an Enabled Device.
means the customers’ service provider which provides their mobile phone connection to the mobile network for the Enabled Device to operate.
2.2 In these Terms and Conditions, unless the context otherwise requires, a reference to:-
2.2.1 clauses and schedules are to clauses of, and schedules to these Terms and Conditions, and the words “hereunder”, “hereof” , “hereto” and words with similar meaning shall be deemed to be references to these Terms and Conditions as a whole and not to any particular recital, clause or schedule of these Terms and Conditions;
2.2.2 the singular include the plural and references to the plural include the singular; and references to the male include the female and references to the female include the male; and references to the neuter singular gender throughout these Terms and Conditions shall include all genders and the plural;
2.2.3 any statute or statutory provision shall be construed as a reference to the same as it may have been, or may from time to time be, amended, modified or re-enacted and shall include references to any provisions of which they are re-enacting (whether with or without modification);
2.2.4 any other document referred to in these Terms and Conditions is a reference to that other document as amended, varied, novated or supplemented or replaced (other than in breach of the provisions of these Terms and Conditions) from time to time; and
2.2.5 any party include its successors and permitted assigns.
2.3 Unless the context otherwise requires or it is expressly otherwise defined herein, terms used in the Account Terms and Conditions shall have the same meaning when used herein.
2.4 Headings and titles are for convenience only and do not affect the interpretation or construction of these Terms and Conditions.
2.5 In these Terms and Conditions, we may use examples to illustrate or explain something covered by a clause however the clause and the meaning thereof is not limited to those examples.
3. Information about Digital Card Services
3.1 Digital Card Services is a service whereby you can create a Visual Representation of an Eligible Card on your Supported Device which enables you to carry out contactless transactions, In-app purchases and/or other electronic payments.
3.2 The access, use and maintenance of your Digital Card are dependent on the Digital Card Service Provider and the network of your Wireless carrier. We do not operate the Digital Card Services or the networks used and have no control over their operation, functionality or reliability. The Digital Card Service Provider may at its discretion at any time make changes to the Digital Card Services or any part of it (including the functionality and features that are made available to you). In addition the Digital Card Services Provider may at its discretion discontinue to operate or make Digital Card Services available. We shall not be liable or responsible to you or any third party for any loss, damage, costs or expenses arising from any changes made to Digital Card Services by a Digital Card Service Provider or the discontinuation of the Digital Card Services by the Digital Card Services Provider.
3.3 We shall not be responsible or liable for any malfunction, fault, suspension, breakdown, interruption, operational or technical problem with any system or service (including without limitation the Digital Card Services and the networks used by your Wireless carrier) used to process transactions using your Digital Card.
3.4 You acknowledge and agree that the Digital Card Services features and the functionality of your Digital Card maybe changed, automatically updated or upgraded from time to time without further reference to you.
4. Registering your Digital Card
4.1 You may only register and use an Eligible Card as a Digital Card where the Eligible Card is in your name and is valid. You cannot use an Eligible Card as a Digital Card if the Eligible Card has been blocked, suspended or cancelled.
4.2 To register and use a KBC Debit Card as an Eligible Card you must be over the age of 13. In respect of KBC Credit Cards if you are an Additional Cardholder under the age 18 you must have the consent of the Principal Cardholder in order to register and use the Eligible Card as a Digital Card. By registering and using the Eligible Card as a Digital Card you are confirming that you have received this consent.
4.3 In order to register your Eligible Card as a Digital Card you will need to input your personal details, Card Account information and Eligible Card details into the Digital Card Service on your Enabled Device. Depending on the Digital Service Provider, these details may be entered manually or by taking a photograph of your Eligible Card when prompted within the app.
4.4 When you register the Eligible Card as a Digital Card you will be asked to accept and agree to these Terms and Conditions.
4.5 We may permit an Eligible Card to be registered as a Digital Card to a number of Enabled Devices. We may also permit Eligible Cards of different KBC account holders to be registered to the one Enabled Device. Although we may permit the Eligible Cards of different KBC account holders to be registered to the one Enabled Device, we would warn you against sharing your Personal Security Details with anyone.
4.6 When you register and use your Digital Card, you consent and agree to receive service related messages, notices and communications in connection with the Digital Card Service from us to your Enabled Device. These may be sent by way of text message, email (to the address we hold on file for the Eligible Card) or through the message functionality of the Digital Card Service.
4.7 Equipment required
4.7.1. You must only use the Digital Card on an Enabled Device which supports your Digital Card Service Provider. You are responsible for ensuring that you have an Enabled Device in order to use your Digital Card through the Digital Card Service. You should contact your chosen Digital Card Services Provider if you have any queries or questions about the devices they support, the Digital Card Service or the minimum software and/or hardware requirements.
4.7.2. We do not offer any support or assistance and are not responsible or liable for any third party device, hardware, software or other product or service including without limitation the Digital Card Service and your Enabled Device. If you require support you should contact the appropriate third party provider for assistance and in particular if you have any queries in relation to the Digital Card Services (other than the use of your Digital Card) these should be directed to your Digital Card Services Provider.
4.8 Before you register for a Digital Card Service you must check that only your fingerprints are registered to your enabled device for Touch ID as any fingerprints registered to your Enabled Device will be considered authorised to make transactions relating to your Card Account. If the fingerprint of another person is used to unlock or make transactions on your Enabled Device these will be assumed to be authorised by you.
4.9 On the expiry date of an Eligible Card, your Digital Card will automatically be updated with the details of the new Eligible Card which has been issued to you as a replacement for the expired Eligible Card.
5. Using your Digital Card
5.1 Making Payments
5.1.1 You may use your Digital Card to make the following type of payments:-
(i) contactless payments where you will authorise payments by placing your Enabled Device by the merchants contactless enabled point of sale terminal.
(ii) In-app or other online retail payments by selecting the Digital Card Services option and selecting your Digital Card from your Wallet.
5.1.2 The use of your Digital Card to make payments is dependent on the merchant or retailer with whom you are carrying out the transaction having the required technology to facilitate payment using Digital Card Services.
5.1.3 Any payment you make using your Digital Card will be processed and deducted from your Card Account in the same manner as all other payments from the Card Account and the Account Terms and Conditions apply to all payments made using your Digital Card. If you authorise a payment using your Digital Card the payment is irrevocable but the retailer or merchant may agree to refund you.
5.1.4 Additional Cardholders
In respect of a Digital Card which is a Credit Card, the Principal Cardholder is liable for any payments and transactions made using the Digital Card by an Additional Cardholder.
5.1.5 Joint Account holders
In respect of a Digital Card which is a Debit Card where the Card Account is a joint account, the Joint Account holders are jointly and severally liable for all payments and transactions authorised using the Digital Card.
5.1.6 The use of your Digital Card to make a payment shall be taken as conclusive evidence that you authorised the payment. We accept no responsibility or liability for any loss, damage, or expense you may incur as a result of you authorising or being deemed to have authorised a payment using your Digital Card.
5.2 Viewing Information
You can use Digital Card Services to view information in relation to the recent payments that have been made using your Digital Card. The information available on the Digital Card Service will not include the balance on your Card Account or any other transactions you have carried out on the Card Account. To review all transactions on your Card Account you should access the KBC online or mobile banking service.
5.3 We reserve the right at any time without further notice to you to expand, limit, amend or suspend the type and/or amounts of transactions that are permitted using the Digital Card or amend the registration process or eligibility criteria for a Digital Card. These changes will not affect the features or functionality of your Card Account changes to which will only be made in accordance with the Account Terms and Conditions.
6.1 You are required to take all reasonable steps and to exercise due care to ensure the security, safety and confidentiality of your Enabled Device, the Digital Card including without limitation your Personal Security Details. Failure to take such reasonable steps and or exercise due care will be considered gross negligence.
6.2 You must not disclose or Personal Security Details whether directly or indirectly to any other person or note them in any form that would be intelligible or otherwise make them accessible to any other person including asking your Enabled Device to remember any of your Personal Security Details. You should make your security details for your Digital Card are different to those you use to operate the Card Account and do not keep your Eligible Card with your Enabled Device. You should change your Personal Security Details regularly.
6.3 If at any time you lose your Enabled Device, your Eligible Card or suspect or have reasonable reason to believe that your Digital Card and or your Personal Security Details have been compromised, lost, stolen, copied or misappropriated or are being used in an unauthorised manner you must contact us immediately by telephone at 1 800 939 244. If you suspect or have reason to believe that your Personal Security Details have been compromised, lost, stolen, copied or misappropriated or are being used in an unauthorised manner you must immediately change your Personal Security Details and check that only your fingerprints are authorised for Touch ID.
6.4 You hereby agree to provide all necessary information and assistance and to co-operate fully with all investigations carried out in connection with the loss, theft or misappropriation of your Digital Card, or Personal Security Details including those carried out by us internally and those carried out by the Garda Siochana or other third party investigative authority. Where you are victim of fraud we may require you to report it to An Garda Siochana and you hereby authorise us to inform and disclose all relevant information in connection with the loss, theft or misappropriation of your Digital Card, and or Personal Security Details to any appropriate third party.
6.5 The Digital Card Services and your Enabled Device may use certain security features and procedures to protect against unauthorised use of any of your Digital Cards. These features and procedures are the sole responsibility of the Digital Card Service Provider and / or the manufacturer of your Enable Device and you agree not to disable any of these security features and to use these security features and procedures to safeguard all your Digital Cards.
6.6 If you get a new Enabled Device you must delete all Digital Cards and any personal information from your old Enabled Device. You can do this by contacting us at 1800 939 244.
. Privacy and Data Protection
7.1 When creating your Digital Card, we collect certain information from the Digital Card Services Provider to verify your identity and for anti-fraud purposes. This information will be held by us for so long as required to fulfil this purpose and in accordance with our legal obligations].
7.2 With regard to other information we collect, we use and share your information in accordance with these Terms and Conditions, the KBC Bank Ireland Personal Banking Terms and Conditions, and the Data Protection Documents, copies of which are available at www.kbc.ie
. Our Data Protection Documents set out in detail how we may use your personal data and our obligations pursuant to Data Protection Law. We keep each of the Data Protection Documents under regular review and any amendments and/ or updates we make will be reflected within the relevant Data Protection Document made available online at www.KBC.ie. Hard copies may also be obtained from any of our Hubs or on request from the Customer Services Department.
7.3 We may disclose aggregated or anonymised information relating to your card transactions for the purposes of assisting the Digital Card Services Provider and the relevant payment network to improve and develop its technology..
7.4 We are not responsible for Digital Card Services or any third party provider to the Digital Card Services Provider and therefore, any information that is collected by the Digital Card Services Provider while you use the Digital Card Services is subject to the terms of the Digital Card Service Provider and Third Party Agreements and is not governed by our Data Protection Documents, these terms and conditions or the Card Account Terms and Conditions.
7.5 When using your Digital Card we may send you push notifications to inform you of your account activity, please turn off these push notifications using the settings on your Enabled Device if you do not wish to receive them.
7.6 You are advised that information transmitted electronically over the internet or a wireless network using your Enabled Device may not be secure, remain confidential or be delivered correctly. It may also be corrupted and is liable to interference from third parties. While we have taken reasonable and appropriate security precautions, we cannot guarantee the privacy or confidentiality of the information passing by such methods and are not accountable, liable or responsible for the confidentiality, accuracy or reliability of messages sent or received by email over the internet in connection with the Digital Card.
8.1 There is currently no cost for using your Digital Card however we retain the discretion to charge for the use of your Digital Card in the future.
8.2 If you carry out transactions on your Card Account using your Digital Card, the usual transaction charges as set out in our Fees and Charges Booklet are applicable and will be charged in accordance with the Account Terms and Conditions.
8.3 You should note that all third party charges incurred by you in connection with using the Digital Card such as mobile, SMS, wireless and data charges are at your cost and we have no liability or responsibility to you in respect of these.
9. Indemnity and Limitation of liability
9.1 You agree to be bound by these Terms and Conditions as may be amended from time to time and to indemnify KBCI in connection with any loss, or damage arising or occasioned by your breach or that of a third party of these Terms and Conditions.
9.2 To the fullest extent permitted by law, we are not accountable for and do not accept any liability or responsibility for any loss, damage (including without limitation, incidental, punitive, exemplary, special or consequential damages, loss of profit or damages resulting from lost date or business interruption) or expense resulting from:
(a) using the Digital Card whether with or without authorisation;
(b) the performance, functionality, non-performance, unavailability, inaccessibility, or corruption of the Digital Card and/or the Digital Card Services;
(c) communicating with us or transmitting instructions to us using Digital Card Services;
(d) any fraudulent or unauthorised transaction on the Card Account being made using the Digital Card provided that the fraudulent or unauthorised transaction has been authenticated with your Personal Security Details; and
(e) the use of Touch ID functionality to access or carry out transactions using the Digital Card.
10. Suspension, Cancellation and Termination
10.1 In addition to any rights of termination, cancellation, suspension and closing of your Card Account that we have under the Account Terms and Conditions we may immediately cancel, suspend, restrict, block or terminate any Digital Card if:-
10.1.1 your Card Account is closed;
10.1.2 you commit a breach of these Terms and Conditions, the Account Terms and Conditions, the Terms of the Digital Card Service Provider and/or any Third Party Agreements;
10.1.3 you use or if we suspect that the Digital Card or Eligible Card is being used for any unlawful, fraudulent or other inappropriate purpose;
10.1.4 we must do so to comply with any law, regulation or direction from a relevant competent authority or court;
10.1.5 for any reason these Terms and Conditions become unenforceable or void;
10.1.6 the Digital Card Service Provider discontinues, stops supporting or terminates Digital Card Services; or
10.1.7 it becomes unlawful for you to continue to have the Digital Card.
10.2 We are required to carry out a variety of actions to manage and reduce the possibility of financial crime, this may lead to the delay, blocking or refusing the making or clearing of any payment or the processing of a transaction using your Digital Card. To the extent permissible by law, we nor any member of the KBC Group shall be liable to you or any third party in respect of any loss (howsoever it arose) that was suffered or incurred by you or a third party, caused in whole or in part in connection with the undertaking of such activity.
10.3 In addition to the above we may cancel your Digital Card and/or stop supporting the Digital Card through a Digital Card Services Provider and/or discontinue participating in Digital Card Services at any time for any reason by providing you with two months prior notice.
10.4 You may discontinue using your Digital Card and remove it from the Digital Card Services at any time by following the instructions of the Digital Card Service Provider however you authorise us to process and you will remain liable for all outstanding transactions on your Digital Card at the time you cancel the Digital Card.
10.5 Please note that Digital Service Providers reserve the right to block, suspend, cancel or terminate your Digital Card without reference to us. We shall not be liable or responsible to you or any third party for any loss, damage, costs or expenses arising therefrom.
11.1 Amendments and Variations
(i) We reserve the right to amend these Terms and Conditions from time to time for such reasons as we deem reasonable and necessary. In particular we may amend these Terms and Conditions due to changes in functionality of the Digital Cards or Digital Card Services, in legislation or regulation applicable to us or the operation of the Card Account and/or there is a change in technology and/or banking practice generally or as otherwise considered by us as reasonably necessary.
(ii) We will give you at least two months’ notice of such amendments or variations unless otherwise permitted by law. Unless we are required by law to use a particular medium, notice will usually be provided via email, our website or we may place an advertisement in at least 2 daily national newspapers outlining the changes.
(iii) If you do not accept the amendment or variation to these terms and conditions, you will have the option to remove any of your Digital Cards from the Digital Card Service. If you continue to use your Digital Card after the end of the notice period referred to in 11.1 (ii) above you will be deemed to have accepted the amendments or variations to these terms and conditions.
11.2 Force Majeure
We will not be in breach of our obligations under these Terms and Conditions nor liable to you if we are prevented from or there is a delay in providing any service (including without limitation Digital Card Services) to you or performing any of our obligations hereunder (including carrying out any transactions using the Digital Card) where such failure or delay arises because of any act of God, fire, act of government or state, war, terrorism, civil commotion, insurrection, embargo, failure of computer or communication system, prevention from or hindrance in obtaining energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any acts or omissions of our agents or third parties or any other reason beyond our control.
No time or indulgence which we may extend to you nor any waiver by us of any condition of the Terms and Conditions shall affect our rights and powers thereunder or affect our ability to enforce that term or condition at any time in the future.
Each of the clauses, sections and sub-sections of the Terms and Conditions is severable and distinct from the others. If at any time such clause, sections or sub-sections is or becomes invalid, illegal or unenforceable, this will not affect the validity, enforceability and legality of any of the other clauses, sections and sub-sections of these Terms and Conditions.
11.5 Entire Agreement
You acknowledge that the registration and use of the Digital Card is made on the basis of these Terms and Conditions and is subject to these Terms and Conditions together with Account Terms and Conditions and our Fees and Charges Booklet and that you have not relied on any representations or other information (whether oral or written) other than as set out herein.
11.6 Governing Law and Jurisdiction
(i) The laws of Ireland apply as the basis for establishing relations with you prior to entering into any agreement with you.
(ii) You agree that the use of the Digital Card and these Terms and Conditions (including any amendments made thereto) shall be governed by and construed in accordance with the laws of Ireland and that the courts of Ireland shall have exclusive jurisdiction to resolve any disputes arising out of or in connection therewith.
Data Protection Notice
1. In order to supply (and continue to supply) you with products and services, KBCI will require information from you. Your Information, including your personal data, consists of the details provided in the account application, together with any other information that is furnished to us in connection with this account, any loan, guarantee, other account(s), products, or services that you may request and/or we may provide to you from time to time, information obtained from third parties, through our website, KBC Mobile Banking App, our social media sites and your transaction data (“Information”). The information that you supply will be held on a relevant financial system which may be a computer database, or any other database/system.
2. Your Information, including your personal data, will be retained and processed by KBCI for the following purposes:
• To process and assess the application(s) and any applications for products and services that you may request from KBCI or KBCI may provide to you in the future;
• To manage and administer your account(s), policies, and any other banking products and services, which you hold with KBCI or KBCI may provide to you from time to time;
• To verify the Information and otherwise meet our legal and compliance obligations, which include those relating to the prevention of money laundering, financing of terrorism and fraud, (where necessary this may mean reporting to regulatory authorities on activities such as the prevention of money laundering and terrorist financing tax compliance and evasion, fraud and other such activities which may require KBCI to notify the authorities);
• To enable KBCI manage, on a holistic basis, its relationship with you through maintaining a single view of your Accounts and any products or services that we may provide to you and any interaction with us;
• In terms of any credit facility and credit related services, KBCI may undertake credit and other checks and make credit decisions (including, where applicable, by automated decisioning) , and conduct credit searches against the applicants (as we consider appropriate) prior to supplying, during, and when renewing or reviewing any credit facility and credit related services;
• To review your complete financial position with KBCI which will include (where relevant), the security which we hold, debit balances, credit balances and any other relevant information which we hold;
• To carry out statistical analysis, market research, predictive/analytical modelling, and to develop and assess products and services;
• To allow KBCI conduct quality control checking and compile management information for internal reporting throughout KBCI; and
• In accordance with your preferences, for marketing purposes.
3. Disclosures: We may disclose Information in the following circumstances:
• To other companies within KBC Bank Group;
• To our agents, legal and other advisers, service providers and contractors;
• To other persons connected with your account (e.g. company directors, partners, other account holder(s) etc.) and to your/their authorised financial advisers or other intermediaries;
• To the Irish Credit Bureau (“ICB”), Central Credit Register or relevant other credit agency (where credit facilities are availed of). Such agencies will record details of each search regardless of whether or not your application is successful, for a period of time;
• To the Irish Revenue in respect of our obligations under the Common Reporting Standard;
• In the context of a sale of the whole or part of our business and/or Account;
• Where we are required by any regulatory body, law enforcement agency, court or other legal process; and/or
• Where necessary to verify the authenticity of documentation provided to us.
Customer Information Notice: Under Irish Tax Legislation (Section 891E, Section 891F and Section 891G of the Taxes Consolidation Act 1997 refers), financial institutions including KBC are obliged to collect information on customer's tax arrangements. If you/the account holder and in certain circumstances the Controlling Persons has a tax residency outside of the Republic of Ireland or are a U.S. person, we are required to report (where relevant) the following details in respect of all accounts that you hold with us, and where relevant your Controlling Persons, to the Irish Revenue: name, address, date of birth, place of birth, account number, U.S. citizenship and/or jurisdiction(s) of tax residence, Tax Identification Number (TIN), account balance at year end and interest payments made in the calendar year. Irish Revenue will report this data to the tax authorities of each participating country where the customer and/or Controlling Person is tax resident, or to the IRS in the case of U.S. tax residents and certain U.S. persons. If due to a change in circumstances, any certification on this form becomes inaccurate, please advise us promptly. You can find more information on http://www.revenue.ie/en/business/aeoi/
The above disclosures may from time to time require the transfer of your Information to other countries. By agreeing to the terms and conditions applicable to the KBCI product or service you are availing of you consent to the transmission by us of your data outside of the EU/EEA for the purposes outlined above. We will not however transfer personal data to a country or territory outside of the EEA that is deemed by the European Commission not to have adequate safeguards for data protection save where such transfer is made under a contract which includes the model contractual clauses approved by the European Commission to ensure there will be adequate safeguards for such data protection.
4. Electronic Communications and Phone Calls: Your Information may be processed, recorded and retained by us in electronic form. You agree, pursuant to the Electronic Commerce Act 2000, that KBCI may communicate with you electronically in relation to your Account(s), and that it may rely on such electronic communications, records, originals and documents in any dealing with you. We may also monitor and record telephone calls made to and from us for fraud and crime prevention, to assist in improving customer services, to evidence instructions or to prevent or resolve disputes.
5. Right of Access: In accordance with the Data Protection Acts 1998 and 2003 (“DPA”), you have the right, subject to certain exemptions, to receive a copy of all “personal data” (within the meaning of the DPA) and to have any inaccuracies in your personal data corrected. Personal data primarily relates to the following categories of information: your name, your address, your date of birth, your account number, your account balances, details of life policy and information you provided to the Bank in relation to the Account(s). If you would like a copy of the personal data to which you are entitled under the DPA, which is held by us, a written request is required. Such requests should be directed to The Customer Services Department, KBC Bank Ireland plc, Sandwith Street, Dublin 2. A small fee may be charged for such requests. Furthermore, you may be required to provide us with sufficient information in order that we can verify your identity and locate your data. If you inform us of any inaccuracy in your personal data, we will promptly correct the inaccuracy upon verification.
6. We may make such enquiries about you as we may from time to time consider appropriate and may provide information provided by you in the application for the Account and information in relation to the conduct of the Account to credit reference agencies. Credit reference agencies will keep for a period of at least a year, a record that a search has been made, and they will inform anyone else carrying out a search of the other searches made against such parties in that period.
7. The signatories on the Application Form confirm that they have provided each of the directors, officers and employees of the Business Customer the purposes for which we will store their personal data, their rights as a data subject, including (without limitation) to be removed from any direct mailing list, their right to obtain copies of all personal data relating to them as individuals and their right to have any inaccuracies in that data corrected.
8. With effect from the date the General Data Protection Regulation (EU) 2016/679 enters into force or such earlier date as KBCI may notify you, the Data Protection Documents shall set out in detail how we may use your personal data and our obligations pursuant to Data Protection Law on or after that date. Copies of the Data Protection Documents may be accessed online at www.kbc.ie.
Further details on our approach to privacy in respect of online media and mobile banking is outlined in the Privacy Statement and we recommend that you read this document in full. This is available at www.kbc.ie/privacy