PrivacyDefence Terms of Service

PrivacyDefence - Our Agreement

This Agreement
1. What these terms cover. These terms and conditions are an agreement (this “Agreement”) between you and PPLSI Limited in respect of your PrivacyDefence Plan and the services we provide to you or give you access to as part of this the PrivacyDefence Plan. References to clauses and schedules in this Agreement are to clauses of and schedules to this Agreement. References to paragraphs are paragraphs of the Schedules. The Schedules to this Agreement form part of this Agreement.
2. Why you should read this Agreement. By purchasing a PrivacyDefence Plan, you agree to be bound by this Agreement. Please read this Agreement carefully before you purchase a PrivacyDefence Plan. This Agreement tells you who we are, how we will provide the PrivacyDefence Plan to you, how you and we may change or end this Agreement, what to do if there is a problem and other important information.
3. Other documents you should read. As well as this Agreement, other additional terms and policies may apply to the PrivacyDefence Plan, our relationship with you, and your use of the PrivacyDefence Plan and any other services we provide, as published by us on the Website or otherwise communicated to you from time to time, such as our privacy policy, our cookies policy, and our Website terms of use. These may be updated from time to time.
Definitions
1. This Agreement contains various words that start with a capital letter and have a defined meaning. We set out below what these defined words mean.
  - Agreement Purposes: means the purposes of LegalShield UK and/or the Service Providers providing the Services as contemplated by this Agreement and/or any privacy notices given to the Member, and for such other related purposes or as the parties may agree from time to time.
  - App: means the software application known as “Privacy Defence” available for download onto a handheld or mobile device.
  - Applicable Law: means all legislation, regulations, and other rules having equivalent force which are applicable to the provision or use of the Services under this Agreement.
  - Assisted Restoration Service: means the services set out in Schedule 2.
  - Business Day: means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
  - Charges: has the meaning given to it in clause 5.1.
  - Data Protection Legislation: means the Data Protection Act 2018 (to the extent that it remains in force from time to time), the GDPR and any other UK data protection law (each with effect from the date on which it becomes part of English law).
  - Documentation: means any or all of the Specification, user documentation, product documentation, technical documentation including guidelines relating to data security and access and/or statements of functionality.
  - Excluded Matters: matters which are not covered by the PrivacyDefence Plan, as set out in Schedule 4.
  - FCA: means the Financial Conduct Authority of the United Kingdom.
  - GDPR: means the EU’s General Data Protection Regulation, to the extent that it is applicable in the United Kingdom.
  - Helpline: means the call centre helpline referred to in Schedule 2.
  - LegalShield UK: means PPLSI Limited, a company incorporated and registered in England under number 11011302.
  - Member Data: means any of the data (including Personal Data and Member Monitored Data) and/or databases supplied by the Member and provided to LegalShield UK in connection with this Agreement but excluding any data supplied to the Member by LegalShield UK and/or the Service Provider.
  - Member: means the person who subscribes to and becomes a member of the PrivacyDefence Plan.
  - Member Monitored Data: means the personal information set out in Schedule 3, which is submitted to LegalShield UK via the App [or the Website] for the purposes of the Monitoring Services.
  - Minimum Term: means the six month minimum fixed period (or other such period as agreed between you and LegalShield UK) for the subscription to the PrivacyDefence Plan which starts when your application for the subscription to the PrivacyDefence Plan is accepted by us in accordance with clause 4.1.
  - Monitoring Services: means the Services set out in Schedule 1 to this Agreement.
  - Notice Date: the date on which you give us notice of your intention to end this Agreement.
  - Payment Date: means the dates on which the Charges are debited from your payment account. The term “Payment Date” shall be construed accordingly.
  - Permitted Purpose: means for the Member’s personal use in the United Kingdom and not any commercial or business use and in any event not for the provision of bureau services to any third parties.
  - Personal Data: has the meaning specified in the Data Protection Legislation.
  - PrivacyDefence Plan: means your subscription to access and use the Services provided through the App or any other medium.
  - Scorecard: means a statistical formula derived to aid decision making and any supporting material in relation to such formula.
  - Services: means the services described in clause 4.6 of this Agreement.
  - Service Data: means the data (including Personal Data, alerts, reports, updates) and/or databases and/or scores supplied by LegalShield UK or a Service Provider to the Member in connection with this Agreement but excluding the Member Data.
  - Service Materials: means software and any materials, Documentation, Scorecards, the App, the Website or other items developed and/or licensed by LegalShield UK and/or the Service Provider to the Member in connection with this Agreement and includes Service Data.
  - Service Provider: means the provider(s) who can provide the Services and who will be assisting LegalShield UK in providing some or all of the Services and whose details may be published on the Website and the App from time to time.
  - Significant Changes: has the meaning given in clause 9.4.
  - Specification: means any document identified as a specification in LegalShield UK’s and/or the Service Provider’s standard configuration for the Services from time to time.
  - Subscription Day: means the day in the Subscription Month on which you became a Member.
  - Subscription Month: means the calendar month in which you become a Member.
  - User Access Device: means any identification code, username, password, digital certificate, web certificate or any other security device provided by LegalShield UK or the Service Provider and used by the Member to access the Services.
  - Website: means www.privacydefence.co.uk
INFORMATION ABOUT US AND HOW TO CONTACT US
1. Who we are. We are PPLSI Limited, a company registered in England and Wales. We trade as “LegalShield UK” and in this Agreement all references to “LegalShield UK” refer to PPLSI Limited. Our correspondence address is 4220 Nash Court, Oxford Business Park, Oxford, Oxfordshire, OX4 2RU or such other address as notified to you from time to time. Our company registration number is 11011302 and our registered office is at Second Floor, 11 Pilgrim Street, London, United Kingdom, EC4V 6RN. Our registered VAT number is 294 2364 85.
2. PPLSI Limited is not authorised or regulated by the FCA. None of our employees, consultants or agents are authorised to provide credit information services or to provide you with any other regulated advice. We provide you with the Monitoring Services (as set out in Schedule 1) and we provide you with access to the Service Provider, who may provide you with the Assisted Restoration Service (as set out in Schedule 2). We will not provide you with the Assisted Restoration Service.
3. How to contact LegalShield UK. You can contact LegalShield UK by telephoning our customer service team at 0330 124 4351 or by writing to us at [email protected] or
  
  4220 Nash Court Oxford Business Park Garsington Road Oxford OX4 2RU
4. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or such other electronic communications means that are available to us. When we use the words "writing" or "written" in this Agreement, this includes emails and other electronic means of communications.
OUR CONTRACT WITH YOU
1. How we will accept your order. By submitting your details via the order process on the Website or the App, you are making an offer to us to subscribe to the PrivacyDefence Plan. We reserve the right to reject any offer in our discretion, for any or no reason. Your offer will only be accepted by us and a contract formed when we have successfully verified your details and communicated (including by email) to you in writing the acceptance of your offer, at which point we will provide you with access to your PrivacyDefence Plan. We will try to process your offer promptly, but we do not guarantee that your PrivacyDefence Plan will be activated by any specified time.
2. Member: You must be at least 18 years of age and resident in the United Kingdom to be a Member and purchase a PrivacyDefence Plan. This Agreement is between LegalShield UK and the Member. You will only be entitled to access and use the Services whilst you meet the criteria to be a Member.
3. Excluded Matters: Certain types of matter and services are excluded from the scope of the PrivacyDefence Plan. We call these the “Excluded Matters” and they are set out in Schedule 4 to this Agreement. LegalShield UK and/or the Service Provider will, in their sole discretion determine whether a matter is an Excluded Matter. You will not be able to seek assistance in relation to any Excluded Matter under your PrivacyDefence Plan.
4. Availability: We will try to ensure that the Monitoring Services are available to Members at all times. Our ability to provide the Services is dependent on the Service Provider providing the Services to us (in the case of the Monitoring Services) or you (in the case of the Assisted Restoration Service). Accordingly, availability of the Services could be affected by factors outside of our control, such as the availability of a Service Provider, the ability and/or willingness of a Service Provider to provide any Services, Services not being available because the Service Provider is undertaking maintenance work or is affected by emergencies and other technical and/or environmental factors. The Services will not be available during any maintenance undertaken by the Service Providers or their subcontractors. Such maintenance may be scheduled maintenance or to deal with emergencies.
5. Service Providers: Service Providers are independent, third party service providers and do not in any way represent LegalShield UK. They are not LegalShield UK employees or agents. Our ability to provide the Services is dependent on the Service Provider providing the Services to us (in the case of the Monitoring Services) or you (in the case of the Assisted Restoration Service). LegalShield UK will (if in its sole discretion it deems it appropriate) use reasonable endeavours to provide the Services, including giving you access to a Service Provider and/or the Services. However, LegalShield UK cannot guarantee the provision of all or some of the Services or access to a Service Provider or the provision of all or some of the Services.
6. Services: The services that you will have access to as part of your PrivacyDefence Plan are comprised of use of the Monitoring Services (as defined at Schedule 1) and, when available, access to a Service Provider who may provide you with the Assisted Restoration Service (as set out in Schedule 2).
7. Use of the Services: In order to become a Member and access and use the Services you must:
  1. aged 18 years or over and be resident in the United Kingdom at all relevant time during the provision of the Services;
  2. pass all necessary security and credit checks;
  3. comply with your obligations (including your payment obligations) as set out in this Agreement and any other terms notified to you from time to time that a Service Provider requires you to comply with in order to receive and benefit from the Services;
  4. not attempt to use the Services for anything illegal, immoral or improper;
  5. not share your details with any person or otherwise allow any person to access, use or benefit from the Services;
  6. give to LegalShield UK and, where applicable, the Service Provider the information LegalShield UK and/or the Service Provider reasonably ask for;
  7. not give false information to LegalShield UK and/or any Service Provider;
  8. follow all reasonable instructions LegalShield UK and, where applicable, the Service Provider gives you and any reasonable guidelines LegalShield UK and, where applicable, the Service Provider make available to you;
  9. not use the Website or the App or any other mode of communication to make or send abusive, offensive, indecent or nuisance calls or communications; and
  10. not access or use the Services in any way other than for the Permitted Purposes or that is not in keeping with that reasonably expected of a private individual use, and in particular not access or use the Services for commercial or business purposes.
8. Terms for the access and use of the Assisted Restoration Service. The Assisted Restoration Service will be provided by the Service Provider to the Member on the Service Provider’s terms which are available by clicking this link privacydefence.co.uk/ar-services and such other terms and conditions of the Service Provider as are notified to the Member from time to time. The Service Provider will be responsible to the Member for the Assisted Restoration Service.
9. Conditions for access and use of the Monitoring Services. Each Member agrees and accepts as a condition for subscribing to the PrivacyDefence Plan that the Services are not intended to be used as the sole basis for any decision, nor to relieve the Member of his/her obligation to comply with his/her own obligations under Applicable Law. The Service Data is based upon data which is provided by third parties, the accuracy and/or completeness of which it would not be possible and/or economically viable for LegalShield UK or the Service Provider to guarantee. The Services also involve models and techniques based on statistical analysis, probability and predictive behaviour. Each Member acknowledges that it is prudent to use, and the Member is responsible for using, the Services as one of a number of factors in its decision-making process, and for determining those other factors. Therefore, LegalShield UK and/or the Service Provider will not be liable and will not accept any other liability for:
1. any inaccuracy, incompleteness or other error in the Service Data which arises as a result of data provided to LegalShield UK and/or the Service Provider by the Member or any third party; or
2. any failure of the Services to achieve any particular result for the Member
1. Conditions for use of the Services and Service Materials. The Member agrees that it will:
1. use the Services, and/or Service Materials provided under this Agreement, for the Permitted Purpose only and in accordance with any Documentation;
2. not sell, transfer, sub-license, distribute, commercially exploit or otherwise make available to, or use for the benefit of, any third party any of the Services, and/or Service Materials provided under this Agreement, except as specifically permitted by this Agreement.
3. not (and will not allow any third party to) adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with any Service Materials provided under this Agreement without the prior written consent of LegalShield UK or as otherwise permitted by law; and
4. only take such copies of the Service Materials as are reasonably required for the use of the Service Materials in accordance with this Agreement.
1. The Member shall not copy, interfere with and/or use in any unauthorised way any User Access Device provided by LegalShield UK or the Service Provider.
2. It is the Member’s responsibility to inform LegalShield UK of any unauthorised use and/or disclosure of any User Access Device so that LegalShield UK and/or the Service Provider can suspend or disable that User Access Device as appropriate. The Member shall remain liable for any and all fees for the Services incurred in connection with the use of any User Access Device, until the Member has informed LegalShield UK.
CHARGES AND PAYMENT
1. The price. The monthly price of the PrivacyDefence Plan (which includes VAT) payable by the Member will be the price indicated when you place your order or such other amounts as are communicated to you from time to time while you are a Member (the “Charges”). You agree to pay the Charges. The Charge for your PrivacyDefence Plan may increase each year after the expiry of the Minimum Term as provided in clause 9.2.
2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we accept your order or give you access to the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the PrivacyDefence Plan in full before the change in the rate of VAT takes effect.
3. When you must pay and how you must pay. You must pay the Charges by (i) direct debit from a suitable payment account that allows payment by direct debit, and you must maintain an active direct debit or (ii) by credit card, or debit card. You must maintain sufficient funds or credit in the applicable payment account to pay the Charges when they fall due in accordance with the terms of this Agreement. The first Charge shall be debited from your payment account within 10 Business Days of the date on which you become a Member. All subsequent Charges shall be debited from your payment account on or within 3 Business Days of the Subscription Day in each following calendar month during the term of your subscription to the PrivacyDefence Plan.
4. Late payment: If Charges are not paid in accordance with clause 5.3, due to insufficient funds or any other reason, and you have not terminated this Agreement in accordance with its terms, we may suspend your PrivacyDefence Plan until we have received full payment. If you do not pay the Charges by the due date in accordance with clause 5.3, we can charge you interest on what you owe at 4% above the base rate of Barclays Bank plc. We will use the base rate that was in force when the Charges were due and we can charge you interest until you pay. We may also charge you for any reasonable administration or collection costs which we incur if you do not pay the Charges on time and in full.
5. Additional charges: In addition to the Charges due to us, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the Website, the App, the User Access Device, the Helpline, or the Services. For example, your mobile network operator may charge you for data or roaming services. You are also responsible for all fees and charges for services provided by a Services Provider which are not within the scope of the Services.
LENGTH OF YOUR MEMBERSHIP
1. Your membership in respect of your PrivacyDefence Plan will begin on the day when we email you to confirm acceptance of your offer to subscribe to the PrivacyDefence Plan, in accordance with clause 4.1.
2. Subject to clause 7.1(a), your subscription to PrivacyDefence Plan will run for the Minimum Term and will continue on a rolling basis for each calendar month thereafter until you give us notice of your intention to end your PrivacyDefence Plan. Your notice to us must be given in accordance with clause 7.3.
3. If you give us notice of your intention to end your PrivacyDefence Plan (such notice not to expire before the end of your Minimum Term), this Agreement shall terminate on the Payment Date that follows the Notice Date (the “Next Payment Date”) unless the Next Payment Date falls within 5 Business Days of the Notice Date, in which case, this Agreement shall terminate on the Payment Date that follows the Next Payment Date.
YOUR RIGHTS TO END THE CONTRACT
1. You can always end your contract with us. Your rights when you end this Agreement will depend on when and why you decide to end this Agreement:
  1. You have 14 (fourteen) calendar days (the “Statutory Period”) from the date we confirm acceptance of your offer by email in accordance with clause 4.1 to cancel your membership for any or no reason and be eligible for a refund of any Charges you have paid. If you request a refund before the end of the Statutory Period, we reserve the right to refuse a refund if you have made use of the Services during the Statutory Period.
  2. After the expiry of the Minimum Term, you may cancel for any or no reason, but you must give us the appropriate notice as required by clause 6.3 by one of the methods set out in clause 7.3.
  3. If you cancel your membership after the expiry of the Statutory Period but before the expiry of the Minimum Term and there is more than one month of the Minimum Term remaining, you must pay on cancellation the Charges owed for each month through to the end of your Minimum Term (unless clause 7.1(d) applies).
  4. You may cancel your membership if you do not accept any Significant Changes that we notify you about in accordance with clause 9.4 and you notify us in accordance with clause 9.5 that you do not accept such change.
2. Your membership/subscription to your PrivacyDefence Plan will end at the end of your notice period, and after that date you will be unable to access or use any of the Services.
3. How to tell us you want to end this Agreement. To end the Agreement with us, please let us know by phone or email. Call customer support on 0330 124 4351 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
4. Any notice sent by first class post, email or electronically by you will be deemed to have been received by us two Business Days after it has been posted, emailed or sent electronically (as the case may be) by you to us.
OUR RIGHTS TO END THIS AGREEMENT
1. We may end this Agreement at any time by writing to you if:
  1. you breach this Agreement in any material way;
  2. you do not pay the Charges in full or on time in accordance with clause 5.3, or you become bankrupt or make any arrangement with your creditors;
  3. you do not provide LegalShield UK information that is necessary for LegalShield UK and/or the Service Provider to provide the Services;
  4. there are no Service Provider(s) who are prepared to provide the Services (or any part of the Services) on terms acceptable to us; or
  5. in our reasonable opinion it is necessary to terminate this Agreement or the provision of the Services for legal, operational, security or technological reasons.
2. We may withdraw the PrivacyDefence Plan. We may write to you to let you know that we are going to cease to provide the PrivacyDefence Plan. We will give you at least 30 days’ advance notice of our intention to cease providing the PrivacyDefence Plan and will refund any sums you have paid in advance (covering the period from the date that we cease to provide the Services until the date that covers your advance payment) for the subscription to the PrivacyDefence Plan.
OUR RIGHTS TO MAKE CHANGES
1. Reasonable changes. We may make reasonable changes to this Agreement, to the PrivacyDefence Plan, or to the Website or App or the User Access Device at any time:
  1. to reflect changes in Applicable Laws and regulatory requirements;
  2. to reflect any terms imposed on us by any Service Provider; and
  3. to implement minor technical adjustments and improvements, for example to address a security threat.
2. Increasing our Charges. We may increase our Charges automatically each year by up to either 1% above the rate of inflation according to the Retail Prices Index (RPI) or by 3% overall, whichever is higher. If we do this, the new fees will come into force on 1 July each year. We use the RPI rate announced in April to adjust your payments (including direct debits) to us.
3. Updates to digital content. We may also update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
4. Significant Changes. We will notify you at least one month in advance of any changes coming into effect if we make any changes to this Agreement which are likely to be of material detriment to you, such as changes to the Charges that exceed those provided for in clause 9.2 above, or changes to the Services (“Significant Changes”).
5. Non-acceptance of Significant Changes: If you do not accept any Significant Changes notified to you in accordance with clause 9.4, you may cancel this Agreement before the date of change.
6. Acceptance of Significant Changes: If we do not hear from you in accordance with clause 9.5 before the date of the Significant Change, the Significant Change will be deemed to be accepted by you.
YOUR RIGHTS IF WE SUSPEND THE SUPPLY OF YOUR PRIVACYDEFENCE PLAN.
1. We reserve the right to suspend supply of the PrivacyDefence Plan or any of the Services for any period of time if necessary. We will contact you in advance to tell you we will be suspending supply of the PrivacyDefence Plan or any of the Services, unless the problem is urgent or an emergency. You may contact us to end this Agreement for the PrivacyDefence Plan if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the PrivacyDefence Plan in respect of the period after you end this Agreement.
2. We may also suspend supply of Services (including your PrivacyDefence Plan) to you if you do not pay. If you do not pay us for the subscription of the PrivacyDefence Plan and related services and products when you are supposed to (see clause 5.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products and services under this Agreement (including access to your PrivacyDefence Plan and the Services) until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of any products or services under this Agreement (including access to your PrivacyDefence Plan and the Services). As well as suspending the services we can also charge you interest on your overdue payments. Please see clause 5.4.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this Agreement, but we are not responsible for:
  1. any loss or damage suffered or incurred by any Members as a result of the actions, advice and omissions of a Service Provider;
  2. any loss or damage that is not foreseeable (loss or damage is foreseeable if it is obvious that it will happen as a result of us breaching this Agreement);
  3. any losses where LegalShield UK is not at fault; or
  4. any loss of income, business or profits.
2. Limited liability. Our liability to you to pay damages or losses shall not exceed 100% of the amount that you have paid to us in the preceding 12 months.
3. We are not liable for business losses. The PrivacyDefence Plan is for domestic and private use only. If you use the PrivacyDefence Plan for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4. 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; or for breach of your legal rights. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
5. We are not responsible for a Service Provider’s advice, actions or omissions. LegalShield UK does not accept any liability or responsibility for any Service Provider’s actions, advice or omissions. Each Service Provider is an independent third party contractor and it is solely responsible for the provision of the Assisted Restoration Service. We will not provide any Assisted Restoration Service. No representation is made that the quality of the Assisted Restoration Service provided by any Service Provider is greater than the quality of services performed by other similar providers.
DISCLAIMERS
1. LegalShield UK is not an insurer. The PrivacyDefence Plan is not an insurance product and the Services to which a Member may have access to are not pre-paid services of any kind.
2. LegalShield UK is not regulated by the FCA and will not provide any regulated services to you. A Service Provider may provide regulated services to you as part of the Assisted Restoration Service. LegalShield UK has no responsibility for the Assisted Restoration Service. The Service Provider is solely responsible for ensuring that it has appropriate permissions and authorisations from the FCA for providing the Assisted Restoration Service.
3. LegalShield UK has no influence over a Service Provider’s technology, advice or other judgments. Service Providers reserve the right to make independent professional judgments. LegalShield UK has no influence on or involvement in any Service Provider’s actions, advice or omissions.
4. Certain types of matters are excluded from the scope of the PrivacyDefence Plan. These are set out at Schedule 4. LegalShield UK and/or a Service Provider may determine in their sole discretion whether a matter is an Excluded Matter.
5. Members are not guaranteed access to a Service Provider as a result of subscribing to a PrivacyDefence Plan. LegalShield UK does not guarantee that Members will receive the Assisted Restoration Service from any Service Provider through the PrivacyDefence Plan.
HOW WE MAY USE YOUR PERSONAL DATA
1. How we may use your personal data. We will only use Personal Data of Members as set out in our privacy policy: http://privacydefence.co.uk/privacy-policy.
2. By subscribing to the PrivacyDefence Plan and or accessing or using the Services, Members instruct LegalShield UK and the Service Providers to, and agree that LegalShield UK and the Service Providers may process the Member Data for the Agreement Purposes.
OTHER IMPORTANT TERMS
1. We may transfer this agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation or person.
2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.
3. Nobody else has any rights under this Agreement. This Agreement is between the Member and us. No other person shall have any rights to enforce any terms of this Agreement.
4. If a court finds part of this Agreement illegal, the rest will continue in force. Each of the clauses and paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses and paragraphs will remain in full force and effect.
5. Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaching this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
6. Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement is governed by the laws of England and Wales and you can bring legal proceedings in respect of this Agreement in the English courts.
IF THERE IS A PROBLEM WITH YOUR PRIVACYDEFENCE PLAN
1. How to tell us about problems. If you have any questions or complaints about the PrivacyDefence Plan, the Services or any product or services we provide, please contact us. You can telephone our customer service team at 0330 124 4351 or write to us at [email protected] or
  
  4220 Nash Court Oxford Business Park Garsington Road Oxford OX4 2RU

Schedule 1 MONITORING SERVICES

Part 1: Non- Credit Monitoring and Alerts

Automated machine monitoring of activity on the internet to see if Member Monitored Data for the purposes of such monitoring is being traded and/or sold online. The automated monitoring technology will search networks, chat rooms and websites worldwide for stolen identity credentials, finding Member Monitored Data.

If this monitoring activity detects that the Member Monitored Data has been compromised, including being bought or sold online, the Service Provider will collect and store all the relevant data it can and the Member will be alerted via the App with the view to enable the Member to take appropriate steps to prevent his/her Member Monitored Data from being misused.

Part 2: Social Media Monitoring

Social media monitoring service alerts a Member of instances where he/she is sharing personal information (such as profile info, comments, wall posts, etc) via social networking sites, which may expose his/her personal data. The social media monitoring service can alert a Member of content that was found within his/her social network profiles that may damage his/her reputation like foul language, sexual content, and drug and alcohol references. This social media monitoring service will cover up to four social media networks selected by the Service Provider in its sole discretion from time to time. Members can connect to this social media monitoring service using their [social media account credentials].

Schedule 2 ASSISTED RESTORATION SERVICE

Assisted Restoration Service Helpline

Access to a premium-free telephone helpline provided by the Service Provider will be available from 7am to 7pm hours a day, Monday to Friday (excluding public holidays) in order for Members to speak to the Service Provider’s call centre agent in relation to their questions in connection with Monitoring Services.

The Service Provider’s call centre agents will try to assist Members with their questions over any alerts sent to the Member as part of the Monitoring Services. As part of this service, the Service Provider’s call centre agent may, if relevant to the query, provide general information to the Member on how the Member may resolve the issue, including where available to the agent, by providing contact details of any company, organisation and/or governmental agency the Member may need to contact. The call centre agent may, to the extent they are available to him, offer to Members template letters which can be used to contact relevant entities and/or agencies. Neither LegalShield UK nor the Service Provider will assist in completing or sending the template letters.

The Service Provider’s call centre agents may when they can, assist a Member that has lost his/her mobile phone and/or credit cards by providing general information on the steps the Member can choose to take in order to render than mobile phone and/or credit cards inoperable.

Schedule 3 MEMBER MONITORED DATA

A Member may provide the following information in respect of such Member to be monitored as part of the Monitoring Services:

1 National identification number
Up to 10 email addresses
Up to 10 telephone numbers
Up to 10 medical ID numbers
Up to 10 credit/debit card numbers
Up to 10 bank account numbers
Up to 10 retail credit cards
Up to 10 International Bank Account Number (IBAN)
1 driver’s license number
1 passport number
Such other elements of information that a Member is invited by LegalShield UK to provide.

Schedule 4 EXCLUDED MATTERS The provision of the Services shall be subject to the following:

The Monitoring Services shall not include any advice, information, matter or activity which could result in LegalShield UK being in breach of the rules and regulations of the FCA or which would require LegalShield UK to be authorised and regulated by the FCA.
Any matters reasonably determined by the Service Provider or LegalShield UK to be frivolous or an abuse of the Services.
Any matter that is notified to the Member from time to time.

Effective: January 2019 Chapter 1 Privacy Defence Experian Assisted Restoration Services - Terms and Conditions v1.0

These terms (“Terms”) cover your use of Experian’s Assisted Restoration Service as defined in clause 6 of these Terms, which you are entitled to access under the terms of your PrivacyDefence Plan https://privacydefence.co.uk/terms-of-service. You accept these Terms by signing up for the PrivacyDefence Plan and/or continuing to use the Services after a change to the Terms.

By using our Services or agreeing to these Terms, you agree to our collection and use of your data as described in the Experian Privacy Policy https://www.experian.co.uk/privacy-policies.html.

To help you understand our Terms and the Experian Privacy Policy, we’ve broken them up into sections so they’re easy to read and reference. We encourage you to read, print and save a copy of these documents for your records.

Who we are We’re Experian Limited, a company registered in England and Wales at Companies House with company number 00653331. Our registered office is at The Sir John Peace Building, Experian Way, NG2 Business Park, Nottingham NG80 1ZZ, United Kingdom. Our VAT registration number is GB 887 1335 93.

We’re authorised and regulated by the Financial Conduct Authority (FCA) with reference number 738097.
Using our Services Services - Details of each Service are provided to you before you sign up and can be found in Clause 6. To use our Services you must be at least 18 years old and resident in the United Kingdom and otherwise be a valid member of the PrivacyDefence Plan at all relevant times.

Your information - You’re responsible for ensuring the information you provide when using our Services is true, accurate and kept up to date.

Service Notifications – all our communications with you will be in English. We’ll send you notifications about our Services and any information the law requires us to provide to the email address associated with your account.

Acceptable conduct – By agreeing to these Terms, you agree:
1. to use our Services for your personal, non-commercial and lawful purposes;
2. that you won’t engage in any activity that is harmful or infringes our rights or the rights of others;
3. that you will treat our staff with respect.
Your rights to cancel – You have access to the Experian Assisted Restoration Service as part of your PrivacyDefence Plan. You may cancel your subscription to the PrivacyDefence Plan in accordance with LegalShield UK’s https://privacydefence.co.uk/terms-of-service.

Our rights to cancel or suspend – We may stop providing you with the Experian Assisted Restoration Service and/or suspend your access to the Experian Assisted Restoration Service at any time or if you don’t comply with your responsibilities in these Terms or if your entitlement to receive the Experian Assisted Restoration Services comes to an end.

Fraud - If we suspect that you provide false data or we detect fraudulent activity, we’ll record it and we reserve the right to pass it to the police or other fraud prevention agencies.
Payment terms

Payment – Payment for the Experian Assisted Restoration Service is included in the subscription amount you pay for your PrivacyDefence Plan https://privacydefence.co.uk/terms-of-service. You do not have to pay any separate or extra fees to Experian for your use of the Experian Assisted Restoration Service.

Cancellation – The cancellation terms for your PrivacyDefence Plan are set out here https://privacydefence.co.uk/terms-of-service. If you cease to hold an active PrivacyDefence Plan, you will not be able to access the Experian Assisted Restoration Service.
Our obligations to you

PLEASE READ THESE PROVISIONS - THEY EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU WHEN USING THE SERVICES.

Providing the Services - We will provide the Experian Assisted Restoration Service to you with reasonable skill and care and we will obtain and provide the information we make available to you through the Experian Assisted Restoration Service with reasonable skill and care. We do not guarantee the information we receive from third parties (including the information you provide) is accurate, complete or up to date.

Our responsibility for loss or damage suffered by you – If we fail to comply with these Terms or we do not use reasonable care and skill when providing the Experian Assisted Restoration Service to you, we are responsible for foreseeable losses or damages that you incur. Loss or damage is foreseeable if, it would have been expected by you or us, at the time the contract was made.

We are not responsible for loss or damage suffered by you as result of -
1. circumstances beyond our reasonable control (for example, industrial action taken by third parties or network or system failure of one of our data providers) but only where we have taken reasonable steps to prevent or minimise any impact on the Services;
2. any business losses that you incur (we supply our Experian Assisted Restoration Service for domestic use only);
3. false, inaccurate or incomplete information provided by you; or
4. any information provided to you by a third party or any issues arising out of your access or purchase of any separate third party product or service, including whether they are suitable for you (unless we have specifically told you we are providing you with advice to take out the third party product or service, or advised you to take a particular course of action, which was not suitable and as a result you suffer loss).
We do not exclude or limit our liability to you where it would be unlawful to do so – This includes liability for death or personal injury caused by our negligence, fraud, fraudulent misrepresentation, and any liability under the Financial Services and Markets Act 2000 or for breach of your legal rights in the provision of our Services. You can ask us to repeat and fix a service in the event our services are not carried out with reasonable care and skill. This is a summary of your legal rights, there may be others available to you. If you need more information about these rights, you can contact your local Citizens Advice Bureau.

Complaints - If you want to complain you can email us at [email protected] Click on the following link to find out about our complaints handling procedure https://privacydefence.co.uk/terms-of-service and how to make a complaint. If you’re unhappy with how we’ve handled your complaint you can:
1. refer it to the Financial Ombudsman Service free of charge. You can contact them by:
  - Phone on 0300 123 9 123 (or from outside the UK on +44 20 7964 1000)
  - Email on [email protected]
  - Post to Financial Ombudsman Service, Exchange Tower, London E14 9SR
  - Going to their website at www.financial-ombudsman.org.uk
2. refer it to the European Commission Online Dispute Resolution (ODR) platform.
Disputes - English law applies to these Terms. If any disputes do arise between us regarding these Terms and you want to take us to court, you must do it in an English court, or if you live in Scotland, Wales or Northern Ireland you can do it in that respective country.
Updates to the Experian Assisted Restoration Service or these Terms

Changing our Terms – In the future, we may need to make changes to these Terms. The reasons we may need to make changes are:
- Minor changes
  - To make administrative changes or general improvements. For example, to change our contact information, how we handle complaints, to update ombudsman information, to make our Terms easier to read or to correct typographical errors.
  - To comply with legal requirements. For example, new law may oblige us to include specific information in our contract with you.
  - To improve the security processes or procedures of the Service.
- Service changes
  - The Service relies on us checking data which is provided to us by third parties. These third parties may change the data they provide, stop providing it altogether or change their contract with us to oblige us to include information in our contract with you.
  - If we make technical improvements to the Services.
  - We may wish to improve how we make the Service available to you.
If we make any changes to these Terms, we will tell you what has changed, and we will notify you of those changes to these Terms through reasonable means, which may include an email or through the PrivacyDefence website from which the Services are delivered. If we make any Service change, we will give you no less than 30 days’ advance notice.
The Experian Assisted Restoration Service

Experian call centre agents will assist by answering your queries in relation to notifications you have received from the PrivacyDefence Monitoring Services (see PrivacyDefence member terms https://privacydefence.co.uk/terms-of-service). If relevant to your query we will provide general information to you on how you may resolve the issue, including who else you may need to contact and template letters to contact them. Experian will not assist in completing or sending the template letters.

If you have lost your mobile phone and/or credit cards, we will provide you with general information on the next steps you may choose to take to render the mobile phone and/or credit card inoperable.

You can contact the Experian advice line from 7am to 7pm, Monday to Friday, (excluding public holidays) by calling +44 20 3808 5584.

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