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TERMS OF SERVICE

Last modified: 29. 03. 2020

 

 

Welcome to finker – one app, all banks! The new plan to let you track all your money at once. Gain greater control and make your life easier!

Full of smart, actionable insights, finker is the free app that makes managing your money clear and easy to understand. finker:

 

  • Shows you one overview of your accounts
  • Gives you smart money insights
  • Offers the ability to act on these with comparison
  • All in one secure app

 

Security is our number one priority. We have bank level security measures which mean your information is guarded and protected. Here are all our terms and conditions, so you can fully understand just how finker works and what rules of the game apply when using it. Please read our finker Privacy Policy to learn in detail how we handle data.

 

If you have any questions at all, don’t hesitate to get in touch via info@finker.co.

 

Enjoy exploring finker!

 

 

1. APP TERMS

1.1. By installing the finker App and using our services, you agree to be bound by:

1.1.1. these terms of use (” App Terms”); and

1.1.2. our Privacy Policy.

1.2. Please review them carefully before you accept them. If you do not agree to these finker App Terms you are not permitted to use the finker App.

1.3. You may only use the finker App if you are 18 years or older. By using the finker App, you confirm that you are 18 years or older.

1.4. These finker App Terms will apply to the relationship between us and you in respect of the period from when you first download the finker App, until you delete it and cease to be registered with us.

 

2. THE finker App

2.1. The “finker App” means the software application and services available through it called ‘finker’ provided by ITBS – IT and Business Systems Limited (“we”, “us”, “our”, “ITBS” or “finker”) to offer personal financial management tools.

2.2. The finker App can be used on most Apple iOS and Android OS devices.
2.3. We may update the finker App to add and improve its functions. Depending on the update, you may not be able to use the finker App until you have downloaded the latest version and accepted any new or additional terms.

2.4. If you have any issues with the finker App, please contact us at support@finker.co and we will do our best to help you.

 

3. YOUR USER LOGIN, PASSWORD, AND KEEPING THEM SECURE

3.1. You need to register on the finker App to use it. This will create an account in the finker App (your “User Login”). This section contains information on how you can keep your User Login safe.

3.2. When you create a User Login, you choose your own PASSWORD. As a security precaution, we won’t be able to see your PASSWORD, but we will store it securely. You must keep your PASSWORD secret. If you lose your PASSWORD you will need to create a new User Login as we can’t give you a new PASSWORD. We’ll never ask you to tell us your PASSWORD, so you should not share it with anyone, even if you think that they work for finker.

3.3. The finker App also has the functionality to use your device’s stored biometric data (such as fingerprint or facial recognition data) to grant access. Some devices have the ability to store multiple sets of biometric data, allowing family, friends or other users access to your device. We strongly advise that you do not register multiple peoples’ biometric data on your device, but if you do, ensure that you do not share your device with a person who is not authorised to access your Account(s) as this could result in an unauthorised person having access to your Account(s).

3.4. Unless it’s caused by our failings, you are responsible for (and agree to hold us harmless from) unauthorised access to your Account(s) resulting from shared access to your device or other people having access to your finker App’s Login details.

3.5. If you find out or suspect that your finker App’s Login details have been lost, stolen, or someone has used it without your permission, you must tell us as soon as possible. You can let us know by emailing support@finker.co. If you do so, then we can deactivate your finker App (including access to your Accounts through the finker App).

 

Identification and Verification

 

3.6. finker does not provide / perform payment initiation services and therefore does not apply verification procedures for user identification. You are free to use finker completely anonymously as long as you provide any valid email during the registration process. We ask for an email address when registering as the only way to identify the account necessary to reset your password in the case it is forgotten, to avoid automatic false registrations but also to let you know about our services.

 

The App services

 

3.7. The finker App includes the following major functions:

3.7.1. Account Overview: This lets you combine your personal financial information from EU-based credit cards, current accounts, and savings accounts (and, in limited cases, other forms of accounts) from banks and other financial institutions (“Accounts”), in one clear view. To do this, we request Account Information from your Providers, and you explicitly consent to this.

3.7.2. Smart Money Insights & Alerts: finker offers smart insights that make your money easy to understand. See what you have spent, where, and avoid surprises. These are based upon machine based analysis of your Account Information, other information you provide, and your settings. Alerts may be delayed or prevented by a variety of factors and we cannot guarantee that they will be delivered on time or based on accurate information.

3.7.3. The ability to act on these Insights: finker enables you to make smart decisions and act positively when it comes to your money. Set yourself budgets define goals and define actions.

3.7.4. finker does not offer the ability to allow you to send an instruction to your Provider to send money from your Account.

3.7.5. Partner Platform: finker offers the possibility to products and services of third parties (“Partners”) to the finker App and enable you to purchase Partner products and services through connections in the finker App. You might see where you are able to save by using their – for example, look for a better energy deal or get more interest on your savings account.

3.8. You may not be able to access all of your Accounts through the finker App – details of those that can be accessed are shown within the ‘Add Bank’ option menu in the finker App. If we do not support a particular Account or financial institution, you can contact us to ask if it can be added.

3.9. The finker App will provide information on similar and third party products or services that you may be interested in. The finker App may also provide general tips and educational material.

3.10. We may use third party suppliers to support us in providing the finker App. We take reasonable care in selecting our suppliers so as to protect your security.

 

4. YOUR ACCOUNT INFORMATION, PARTNER PLATFORM AND OTHER CONTENT

We will act on your behalf

 

4.1. To make the most of the finker App you can load up financial information from your Accounts (“Account Information”). This is done by instructing us (on the finker App) to retrieve Account Information held online by the banks and other financial institutions with which you have a customer relationship (your “Providers”). By doing so, you authorise us to contact your Providers, on your behalf, to retrieve Account Information requested by you. You explicitly consent to us having the right to act in your name to contact the Providers, and to retrieve and (in line with our Privacy Policy) use the Account Information, in respect of the Accounts that you add into the finker App. More information on how this works is below.

4.2. We will access the Account Information from each of your Providers in one of two ways:

4.2.1. Through a dedicated interface made available to us by your Provider: This allows us to make requests to your Provider to send us items of Account Information. Your Provider will then send this information to us, unless you have told them not to.

4.2.2. Through your Provider’s Access Point Interfaces (API) or website: Using this approach, our automated tools will access the API of your Provider (in the same way that you can do online) and then retrieve information from each Account that you have setup so that we can present it to you through the finker App.

The information that we request through each of these options is described in more detail when you follow the process to add an Account in the finker App.

4.3. In any case and with respect to our privacy policy, we do not store, process and transmit:

4.3.1. Cardholder data including the primary account number (PAN) along with any of the following data types: cardholder name, expiration date or service code.

4.3.2. Account holder name

4.4. When we access and retrieve Account Information from your Provider, we act on your behalf (in legal words, we act as your “agent”), with your explicit consent, and not on behalf of any Provider.

4.5. To keep the finker App up to date, we will use our automatic tools to access the Account Information: on a regular basis (usually, one to four time every day if we hold the necessary login information); each time you log in to the finker App; and, if you manually request a refresh on the finker App.

4.5.1. Automatic updates take place only after you explicitly instruct the finker App to hold the necessary login information.

4.6. Your explicit consent to us to access specific Accounts or Providers may be subject to time limits (e.g. 90 days) – once we reach these time limits you will need to provide a confirmation of your explicit consent through the finker App if you wish us to be able to continue accessing and retrieving Account Information from your relevant Provider(s).

 

Partner Platform

 

4.7. Within the finker App you can connect services and products of our Partners and purchase their services and products with them. We might help you with that by enabling you to collect and share the data our Partners need to have (for example your vehicle registration number to obtain an insurance offer) you purchase and use their products and services. We only share data if you consent to connect a Partner. Only after such consent will we disclose or prefill any data to those third parties so that they can provide their services to you and give you a smooth user experience. We won’t disclose more than is needed for the products and services of that Partner.

4.8. If you purchase products or services from our Partners that you have connected with via the finker App, you will enter into a direct contract with those Partners or the providers that our Partners introduce you to. These are all third party products and service, not finker products or services – we do not assume any responsibility or liability for those third party products or services.

4.9. We suggest to always carefully read the terms and conditions connected to the Partner products and services and the information they provide in relation to those products or services. Partners might change their products or services in some cases. finker cannot check or validate this – it is your responsibility and we cannot be held liable or responsible for it.

4.10. The finker App does not provide financial planning services, or tax or financial advice, we only help you in suggesting relevant products and services of our Partners, and enabling you to easily access these. As such:

4.10.1. We do not assume any responsibility or liability for Partners’ products and services, or products or services that they introduce you to;

4.10.2. We are not responsible for any content or representations our Partners make about products or services.

4.10.3. If you connect Partner products and services to the finker App to enable you to see data about these products and services (such as account balance, overviews, transactions) then, we may collect that data directly from our Partners and we are not liable for this data or the accuracy of this data.

4.11. If you have questions on the Partner products and services we ask you to directly contact them with these. As we are not involved in their products and services we cannot help you with this. But of course we will always help you where we can to provide you contact details of our Partners.

4.12. We take reasonable care to select trustworthy Partners and do a due diligence check on them before they can enter our platform, so we will check e.g. that they are duly licensed. But these Partners do not work for us, nor do we control them, so it is your own duty to always check if a Partner fits your needs or if the offers make sense for you. finker does not assume any liability or responsibility for the act or omissions of our Partners or the products or services they offer.

4.13. At some cases you may disconnect a Partner from the finker App, but be aware that this does not automatically cancel or stop the products or services you have purchased with them. This is not something finker can do for you, so please revert to the Partner for this.

4.14. We reserve the right to disconnect a Partner from the Partner Platform or to stop making their products and services available and visible within the finker App.

4.15. We will always impose strict obligation on our Partners to adhere to privacy legislation, but we don’t assume any responsibility for how they adhere to this or how they protect or process data or design their security. Please read the applicable section on Partner Platform in our finker Privacy Policy to find details about this.

4.16. Our Partner may ask you to read or accept terms and conditions and details about their products and services. Read them, it is most probably important language.

 

Warnings and things for you to check

 

4.17. Your use of the finker App is entirely voluntary. Many Providers of Accounts are required by law to allow us to access Account Information for use in the finker App once you have explicitly consented to us doing so. Some may, however, impose restrictions (such as under the terms that you have agreed with them). It is your responsibility to check if your Provider stops you from using the finker App (for example, by prohibiting you from downloading your Account Information using tools like the finker App). We have no control over your right or ability to view your Account Information or transact on your Accounts.

4.18. On an ongoing basis, including each time you use the finker App, you confirm to us that:

4.18.1. you are legally authorised for each Account in respect of which you use the finker App (whether or not you are the Account holder) and any joint Account holder has explicitly consented to your use of the finker App. You may not use the finker App in respect of any Account you are not authorised to use; and

4.18.2. you have the right to use the finker App in respect of each relevant Provider’s sites (where relevant), and Account Information.

4.19. We do not check Account Information, payment instructions or Partner products or services for accuracy, legality or otherwise. We are not responsible for the Account Information, the way that your Accounts operate (including the execution of payment instructions), or products and services offered by others.

4.20. You acknowledge there may be issues with accessing Account Information or data from your connected Partner products and services, and this being accurate or up to date. For example, when displayed through the finker App, Account Information is only updated as recently as is shown in the relevant page of the finker App. You may be able to request a refresh through the finker App if it appears to be out of date.

4.21. By uploading or submitting any information, content or materials to the finker App, you allow us a worldwide right to use it to provide the finker App to you. More information about how we use information, and how it is held securely, is in our Privacy Policy.

 

5. COMPATIBLE DEVICES

5.1. In order to use the App, you are required to have a compatible device and supported software on this. In order to deliver you our services and keep them safe and up-to-date, we might ask you to update your device or may decide to no longer support certain devices or certain software.

 

6. PROPRIETARY RIGHTS AND LICENCE

6.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the finker App (including its appearance and branding), together with the underlying software code, are owned by ITBS or its licensors.

6.2. ITBS grants you a revocable right to use the finker App for your personal (non-commercial) use in accordance with these finker App Terms.

6.3. You will not, nor allow third parties on your behalf, to (i) make and distribute copies of the finker App; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the finker App; (iii) create derivative works of the finker App; (iv) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the finker App; (v) make alterations to, or modifications of, the finker App, or permit the finker App to be combined with, or become incorporated in, any other programs.

6.4. You will comply with all technology control or export laws and regulations that apply to the technology used or supported by the finker App.

 

7. ACCEPTABLE USE RESTRICTIONS

7.1. You must not:

7.1.1. use the finker App in any unlawful way or in breach of these finker App Terms, or act fraudulently or maliciously (for example, by accessing other people’s Accounts through the finker App);
7.1.2. allow any other person to use the finker App installed on your device;
7.1.3. infringe intellectual property rights in relation to the finker App, or your use of it;
7.1.4. use the finker App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other persons (for example, we expect fair levels of use and would not expect you to make a large number of manual requests for Account Information to be updated); and
7.1.5. attempt to alter or decipher any transmissions to or from the servers running any service (for example, by trying to break the encryption protecting those transmissions).

 

8. DATA PROTECTION

8.1. Any information you supply to us (and which we collect from you or other sources) will be used by us in accordance with our finker Privacy Policy

8.2. By using the finker App, you explicitly consent to us collecting and using technical information about your usage and device to improve our products and to provide any services to you.

 

9. SUSPENDING AND STOPPING YOUR USE

By Us

 

9.1. We may suspend or end your use of the finker App (or part of it, such connections to products and services from our Partners) at any time. We will usually inform you when this is happening but we can’t always do so. We might take this action:

9.1.1. if you breach these finker App Terms, or in other circumstances where we believe that there is a valid reason (such as for risk or fraud management, or at your request if you suspect fraud).

9.2. We have no obligation to resume provision of the finker App or services to you, or to re-activate your User Login, if suspended or closed. If we permanently end your use of the finker App then: (a) the rights granted to you in these finker App Terms end, and (b) you must stop use of the finker App and remove it from your devices.

9.3. If you are inactive then your User Login could automatically be suspended and you will be required to create a new User Login.

9.4. If we suspect that that the finker App’s security has been breached, or we suspect unauthorised or fraudulent use of the finker App, then we may suspend its use. If we do this, then we will (if the law permits) try to contact you (normally by email) to let you know.

9.5. We may also need to limit, block or stop your usage if we are required to do so by law.

9.6. You agree to provide us with information that we may request in order for us to carry out necessary checks.

9.7. In some cases, to enable us to lift a limit, suspension or other stop on your use of the finker App, we may need you to provide us with further information.

 

By You

 

9.8. You may stop your use of the finker App at any time by removing the finker App from your device. Doing so will not automatically delete account information that we hold. You can delete your account information by deleting your account within the finker App. If you forget to do this before removing the finker App then you can reinstall the finker App to perform the deletion or you can contact us at support@finker.co and we can delete it for you. We will also stop making your information available for active use after 1 year of inactivity on the finker App.

 

10. LIMITATION OF LIABILITY

10.1. The finker App has not been developed to meet your individual circumstances. It is your responsibility to ensure that the finker App meets your needs.

10.2. We only supply the finker App for domestic/personal use. You may not use the finker App for commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity. We also have no liability to you for any damage or alteration to your equipment including your devices as a result of the installation or use of the finker App.

10.3. All information, content and material displayed on the finker App is provided for information only. It is not financial or professional advice. You should not rely on information, content or materials on the finker App as the sole basis for making a financial decision. You should use your own judgment, and seek professional advice if appropriate. Accordingly, you agree that we are not responsible or liable to you for:

10.3.1. any action (or inaction) resulting from use of or reliance on information, content and materials displayed in the finker App (or any loss or damage you suffer as a result);

10.3.2. third party sites or services linked to or accessed from the finker App (or your use of, or reliance on, those sites or services); or

10.3.3. any dealings you have with third parties (including your Providers and other services providers) through the finker App.

 

Our responsibility

 

10.4. We shall have no liability to you under or in connection with these finker App Terms or your use of the finker App (whether in contract, tort (including negligence) or any other cause).

10.5. finker is provided to you completely free of charge and we need to make sure that we can continue to grow it.

10.6. We are not responsible or liable for causes that arises from your breach or action (such as your fraud or us following your instructions), events outside of our control, or the need to comply with our legal obligations. Other sections of these finker App Terms explain further things that we are not responsible or liable for. Nothing excludes or limits our liability for: death or personal injury caused by our negligence; our fraud or fraudulent misrepresentation; or, if we deliberately breach these finker App Terms in a major way that is designed to harm you. Your statutory rights are not affected.

 

Your responsibility

 

10.7. You agree to reimburse us for any losses we incur as a result of your breach of, or failure to comply with, these finker App Terms or if we suffer any losses as a result of your use of the finker App.

 

11. DISCLAIMER

11.1. To the maximum extent permitted by law, we disclaim all implied warranties with regard to the finker App. We do not promise that the information, content or materials displayed on the finker App are accurate, sufficient or error-free. We do not promise that the information on our system is, when accessed by you, up-to-date or complete. The finker App and software are provided “as is” and “as available” without warranty of any kind.

 

Disable Android Overlay Functionality

 

11.2. Android devices allow apps to draw or run over other apps, or otherwise interact with other apps (“Overlay Functionality”). This functionality could be abused by third parties to capture the content of the finker App and therefore poses a security threat. We strongly advise you not to allow other apps to use Overlay Functionality in order to prevent possible misuse of information such as access credentials or account information. If you do permit other apps to use the Overlay Functionality then (unless it’s caused by our failings) you are responsible for (and agree to hold us harmless from) any unauthorised access or changes to, or transactions on, your Account(s) resulting from the use of the Overlay Functionality.

 

12. HOW WE ARE FUNDED

The finker App is completely free to use. There is no subscription charge or price. Yet, behind the scenes, we are a team and we need to keep the finker App growing for you. To fund some of this we do receive payments if you choose to use or purchase third party products and services linked from our partners. We don’t compromise ourselves by using those that will give us the largest payments – we always look for the best fit and service for the users of finker.

 

13. PROBLEMS, QUESTIONS & COMPLAINTS

11.3. finker appreciates it greatly if you notify us of a question or problem, because this gives us the opportunity to seek a suitable solution. It also gives us the opportunity to improve its service to you and other customers. finker also has an internal complaints procedure. We aim to handle all problems, questions and complaints efficiently and quickly. If you have questions, problems or complaints, regarding the finker App then please submit them to support@finker.co and include a description of your concern.

11.4. We are pleased to operate in accordance with the Financial Services Authority (FSA) and the Financial Ombudsman Service (FOS) complaint management procedures.

11.5. We recognise that we have an obligation to Customers who are dissatisfied with our service to resolve any complaint within 8 weeks from the point of notification. If this is not possible for any reason then we will state our reasons for not being able to do so and propose an alternate completion date to the Customer. If we are unable to resolve the complaint within this timescale, or to the Customers satisfaction, or the Customer does not accept a deferred date, then such complaints may be eligible for consideration by the FSA or the FOS.

11.6. To contact the FOS, consumers should write or telephone or email their situation to:

 

Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London
E14 9SR

 

Telephone No.: 0845 0801800
Email address: Complaint.info@financial-ombudsman.org.uk

 

More information on the FOS can be obtained by visiting www.financial-ombudsman.org.uk

 

12. CHANGES TO THESE APP TERMS

12.1. We may change the finker App Terms at any time and will inform you of a change either (i) through the finker App, when you next start the finker App, or (ii) by e-mail. The new terms may be displayed on-screen and you may be asked to read and accept them to continue your use of the finker App.

12.2. We will always act fairly and reasonably when we make these changes. The most common reasons that they will happen are if:

12.2.1. we’re changing the way that an existing part of the finker App operates, introducing new functionality, or withdrawing functionality;

12.2.2. we consider that we should take account of developments (or changes we reasonably expect to happen) in technology, security or industry standards and norms;

12.2.3. there are changes in the way that we operate (which could, for example, lead to some aspects of the finker App becoming subject to a charge) or we think that we should explain something more clearly; or

12.2.4. there is a change in law (including industry codes) that we follow, or in response to decisions of a regulator or court.

12.3. If you don’t want to accept a change, you can close your finker App account. You can also end this agreement by closing your finker App account at any time after we make the change but the change will apply to you until you do so.

 

13. KEEPING IN TOUCH

13.1. We will normally contact you using the email address which you use to create your User Login, using notifications within the finker App, or using push notifications through your device. We will do this to keep you informed of matters relevant to the finker App, where we need to in order to comply with our legal obligations – further details are shown in our Privacy Policy.

13.2. You have the right to receive a copy of these finker App Terms – we will send this to you by email if you request it.

13.3. The easiest way to contact us is by emailing support@finker.co

13.4. Please address any postal mail to us at the following address:

 

ITBS – IT and Business Systems Limited
3 The Coach House, 24 Station Road, Bristol,
BS11 9TX, UK

 

14. ABOUT US & OUR REGULATORS

14.1. finker is a registered trade mark of ITBS – IT and Business Systems Limited (‘ITBS’). ITBS is a company registered in England and Wales under no. 08536881. ITBS is an authorised Account Information Service Provider (AISP) regulated and licensed by the UK Financial Conduct Authority (FCA) with Firm Reference 911308.

 

15. OTHER IMPORTANT TERMS

15.1. We may transfer our rights and obligations under these finker App Terms to another organisation, but this will not reduce your rights or those obligations. You may not transfer your rights or obligations to another person.

15.2. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. Any waiver would need to be given by us in writing.

15.3. Each of the conditions of these finker App Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

15.4. Please note that these finker App Terms, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

15.5. These finker App Terms and our Privacy Policy are drawn up in the English language. All written communications between you and us relating to these finker App Terms and our Privacy Policy are to be in English.

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