These definitions apply to our Private Client Current Account, Online Banking Service, Account Card and Private Reserve Account Conditions of Use.

Definitions

‘Account’ means any or all sterling or foreign currency Current Accounts which we open and maintain for you;

‘Agreement’ means the agreement between us and you to provide you with an Account and a Card and comprises the application form and these Conditions and any changes or amendments to them as notified by us to you from time to time;

‘Card’ means the Coutts Account Card issued to you and any renewal or replacement card supplied by us from time to time under this Agreement;

‘Card Transaction’ means any use of a Card on your sterling Current Account such as obtaining cash, buying goods or services, whether in person, by mail order, over the telephone or by electronic means, and guaranteeing cheques on your sterling Account up to the value of the guarantee limit stated on the Card;

‘client’,‘you’ or ‘your’ means the Account holder(s) or, in the case of joint Accounts, any of the parties to the Account, or, the person(s) to whom or for whose use we supply a Card;

‘Conditions’ means these or any other conditions of use from time to time in force;

‘Coutts Money Market Deposit(s)’ means both or either of the Overnight or Fixed Term Deposit Accounts in sterling or such other currencies which we may offer from time to time;

‘PIN’ means the personal identification number that we issue for use with a Card and which you may change on receipt;

‘we’,‘our’,‘us’, ‘ourselves’, ‘the Bank’ and ‘Coutts’ means Coutts & Co;

‘working weekday’ means any day between Monday and Friday (inclusive) excluding any UK Bank and Public Holidays. Unless otherwise agreed in writing between you and us,Accounts and our services are subject to the following conditions.

1. Running your Account

1.1 Each month there has been an entry on your Account, we will provide you with a statement. On request we can supply interim statements.

1.2 We will send you a statement of your Account at least annually.

1.3 On receipt of your statement, you should check it and if there is an entry which seems to be wrong, you should tell us as soon as possible so that the matter can be resolved.

1.4 If we and you are unable to resolve it within a reasonable period of time,we will re-credit your Account until the query is resolved.

1.5 If you require additional information regarding any entry on your statement, please contact us as soon as possible.

1.6 We will keep original or copies of cheques paid from your Account for at least six years and we will provide you with a copy if required. Charges are payable.

1.7 You authorise us to act on your behalf on receipt of any instructions given to us after we have confirmed your identity and the relevant authority, where applicable. Please also see 13.2.

1.8 We will inform you if a cheque you have written has been returned unpaid.We will do this either by post or in another confidential way. Charges are payable.

2. Protecting your Account

2.1 You should let us know as soon as possible if you change your contact details.

2.2 Items should be made payable to the Account holder(s). For example, where a cheque is being paid into an Account, the payee should be in the same name as the Account.

2.3 If you send a cheque through the post, it will help to prevent fraud if you clearly write the name of the person you are paying the cheque to and put extra information about them on the cheque, for example:

2.3.1 If you are paying a cheque to a large organisation such as HM Revenue and Customs write on the cheque the name of the account you want the cheque paid into and the reference number, if you have one (for example, HM Revenue and Customs, account - J Jones, reference: xxyyzz); and

2.3.2 If you are paying a cheque into a bank or building society account, always write on the cheque the name of the account holder (for example, XYZ Bank, account B Brown).

2.3.3 You should draw a line through unused space on the cheque so unauthorised people cannot add numbers or names.

2.4 Do not give your Account details or your Account security information to anyone unless you know who they are and are satisfied why they need it.

3. Joint Accounts

3.1 You should consider carefully whether a joint Account is suitable for you. Please also see 15.1 and our booklet on joint Accounts.

3.2 All parties to an Account will be required to sign a mandate addressed to us, providing us with authority to follow instructions for the operation of the Account and stating who may sign cheques and orders on the Account.

3.3 If you complete the mandate to permit any party to give us instructions and sign cheques and orders on the Account this means that any party can withdraw or transfer to another account in their name all or part of the balance on the Account by cheque, Card, the Service, telephone or other form of authorisation.

3.4 As stated in the mandate, all of you are jointly and severally (ie separately) liable to repay any money owed to us on the Account whether this arises from the actions of all or any of the parties to the Account.This means that we may make demand for repayment by all, and/or any one of the parties to the Account.

3.5 You or any one of the parties to the Account may cancel the mandate at any time.Also we may treat the mandate as cancelled, as set out in 3.6 or 3.7 below. It may also be cancelled by operation of law.

3.6 If we hear of a dispute between you, for example an intended separation or divorce,we may decide to treat the mandate as cancelled.

3.7 We may also need to treat the mandate as cancelled if we receive notice of a freezing or other order affecting the Account or any of the parties to the Account.

3.8 On cancellation of the mandate all parties to the Account must authorise any future transactions on the Account, unless they are able to give us authority eg because of a freezing order, until matters have been resolved. We may also ask for the return of unused cheques and Cards and cancel operation of our telephone banking. Until all Cards are returned Card Transactions will continue to be deducted from the Account. Please also see 7.1 of the Account Card Conditions of Use.

3.9 Where any of you also has an Account with us in their sole name and that Account has a credit balance we can set-off that balance against any money owing to us on the joint Account. Please also see 15.1.

4. Paying sterling into your sterling Account

4.1 Examples of the ways in which sterling can be paid into your Account include:

4.1.1 over the counter at our offices and branches of NatWest or The Royal Bank of Scotland or at other banks by special arrangement, using a pre-printed credit slip. If you use a bank other than Coutts, NatWest, or The Royal Bank of Scotland, you may be charged;

4.1.2 by post with a credit slip.We do not recommend sending cash by post; or

4.1.3 using the rapid deposit service available at many NatWest branches.

4.1.4 arranging for an electronic payment direct to your account eg by BACS or CHAPS.

4.2 We reserve the right to refuse to accept an amount you may wish to pay in and, if we do this,we will tell you.

5. Paying currency other than sterling into your sterling Account

5.1 Non-sterling notes may be paid into your Account over the counter at our offices or branches of NatWest or The Royal Bank of Scotland.

5.2 Cheques, travellers cheques and bankers drafts payable outside the UK and/or in a currency other than sterling should be paid in at our offices or branches of NatWest, or The Royal Bank of Scotland. Clearing will vary according to the method and place of payment. Please also see 6.1.

5.3 Cheques payable outside the UK paid in for collection or negotiation, are dealt with in accordance with our guidelines we may issue from time to time and on the following terms:

5.3.1 you warrant that you have good title to them;

5.3.2 you indemnify us against all liabilities, claims, losses, expenses, exchange rate fluctuations and agents’ charges that may arise; and

5.3.3 you authorise us to debit the Account if any cheque is returned unpaid with the amount credited together with the amount of any of the items mentioned in 5.3.2.

5.4 We reserve the right to refuse to accept an amount you may wish to pay in, and if we do,we will tell you.

6. When your money is available to you on your sterling Account

6.1 When a cheque is paid into your Account,we have to collect the payment from the bank of the person or business who gave you the cheque.This is known as ‘clearing a cheque’.The cycle of clearing a cheque explained here does not apply to foreign cheques, which will usually take longer to clear. Further information regarding the operation of the clearing cycle can be found in the current edition of the APACS publication ‘Cheques and Cheque clearing - the facts’, available on the APACS website www.apacs.org.uk.

6.2 You should allow at least four working weekdays before you use the proceeds of a cheque drawn in England and Wales. For example, if you pay a cheque in on Monday, it will be cleared on Wednesday.However, in some cases, because cheques may still come back unpaid after this time, it may take up to five working weekdays for a cheque to clear and postal and other delays can extend this period much further.You should make an allowance for this before withdrawing the money from your Account. If you pay in a cheque drawn in England and Wales on a Saturday or Sunday or after 3.30pm on a working weekday, the payment is not passed to your Account until the following working weekday, when the cheque-clearing period will start. A cheque paid in over a Coutts counter, drawn on a Coutts & Co sterling account and paid into another Coutts & Co sterling account, will be presented for payment on the same working weekday the cheque is paid in.A cheque paid into your Account drawn on a bank outside England and Wales takes longer to clear. Please ask us for details.

6.3 We, at our discretion, may sometimes allow you to draw the cheque proceeds before the cheque has actually cleared.This may mean that your Account balance includes uncleared funds. If your private banker allows you to draw against these funds then you may have to pay overdraft interest and fees in addition to the actual amount of the returned cheque.You may be charged interest at our Unarranged Borrowing Rate.

6.4 If you pay cash into any Coutts Office with counter facilities in the UK before 3.30pm on a working weekday, the amount will be credited to your Account that day.This will affect any interest or charging calculations immediately. Cash paid in at another bank in the UK will be included in your Account balance two working weekdays later.

6.5 You should allow five working weekdays before you can use the proceeds of a cheque paid into a Coutts Office that does not have counter facilities. Cheques paid in at some other financial institutions, or alternative places such as the Post Office, may take longer to be cleared for payment. Additionally,we do not accept cash at Coutts Offices without counter facilities.

6.6 If the cash paid in has to be converted from one currency to another we will use our spot selling rate of exchange.

6.7 If you need to make sure the cheque has been paid, (for example, if you wish to release goods, or pay funds away), then ask us about special presentation.There may be a charge for this service.

6.8 References to cheques in Condition 6 also include bankers drafts and other items paid into your Account.

6.9 Automated credits received by you, eg a monthly salary credit or standing order payment, will normally take three working weekdays to reach your Account. For example, a payment sent on Monday will be received into your Account on Wednesday.Automated payments through some financial institutions may take longer than three working weekdays.

6.10 It is important to note that automated credits can be recalled from your Account by the person paying the money. If this happens, then a debit will be applied to your Account, normally on the same day as the credit.However, for some standing order credits, the debit will be applied on the following working weekday.You should make an allowance for this before withdrawing the money from your Account.

6.11 Automated payments made from your Account, including those made over the telephone, will normally appear as cleared funds on the account of the person receiving the money two working weekdays after we have debited your Account.Automated payments between Coutts & Co sterling Accounts will appear as cleared funds on the beneficiary’s Account on the day of the payment.

7. Post-dated cheques

7.1 You must not issue post-dated cheques because the payee may pay it into their bank before the due date. If they do, it is possible that we may pay the cheque when it is presented for payment.

8. Cancelling payments

8.1 You can ‘stop’ a cheque you have issued (that is, ask us not to pay it), provided it has not been guaranteed by a Card and has not already been paid from your Account.You will need to provide us with the cheque number, amount and payee details.

8.2 If a cheque is more than six months old, it is regarded as ‘out of date’ and we may refuse to pay it.

8.3 You can cancel or amend Standing Order instructions at any time, prior to the payment being made.

8.4 You can cancel or amend Direct Debit instructions at any time by contacting both us and the payee, prior to the payment being made, but several days’ notice is required.

8.5 You can inform us of your request at any time by writing to or telephoning your banking services team. If any money is wrongly taken from your Account under a Direct Debit,we will refund your Account as soon as you tell us about it.

8.6 Payments made by your Card, telegraphic transfer, bankers draft or by using a ‘same day instruction’ such as a CHAPS cannot generally be cancelled, but it may be possible to cancel payment if you give us enough notice of your wish to cancel.

9. Status enquiries

9.1 If we receive a status enquiry about you,we will only respond if we have your written consent, unless we are legally obliged to.We may, on notice to you, decline to reply to any enquiries about you.

9.2 Telephone and facsimile enquiries will only be answered if we have your written consent. On request we will supply a copy of our reply.

9.3 We do not reply to status enquiries if we have asked you to close your Account.

10. Credit interest - sterling Accounts

10.1 Upon request,we will pay credit interest on your sterling Account. Interest will be paid at the rates we display in our offices or have otherwise agreed with you. Interest is earned from the first working weekday cleared funds are available on the Account.We may, at our discretion, change our rates at any time.We will publicise such changes by putting notices in our offices, on our website www.coutts.com as well as in the Financial Times, The Times and The Daily Telegraph.Where appropriate, we will also advise you in writing.You can additionally ask our staff about our rates.

10.2 Notice shall be effective whether or not it comes to your attention.

10.3 We will send you at least once a year, details of the current rate applied to your Account and interest rates which we have applied to your Account during the year.

10.4 Interest payable on credit balances is calculated quarterly and is credited to your Account at the beginning of March, June, September and December.

10.5 We pay interest after deduction of tax, unless you are not a UK resident when we will pay it gross.All interest paid has to be reported by us to HM Revenue and Customs.

10.6 We do not pay interest on Executor or Administrator accounts.

11. Overdrafts

11.1 Subject to status a sterling overdraft facility of £2,500 is made available on one of your sterling Accounts when you open the Account.This facility is not available to certain types of account, including, Executor,Trustee and Administrator Accounts.

11.2 Overdrafts may be available: over 18s only.We, at our discretion, may amend the overdraft limit on the Account, subject to giving you written notice.

11.3 If at any time you issue instructions to us to withdraw funds from the Account where:

• there are insufficient funds available to cover the withdrawal, or
• the requested withdrawal would cause an agreed overdraft limit to be exceeded,

we will treat your instructions as a request for an unarranged overdraft.We may exercise our sole discretion and, without contacting you, allow an overdraft to be created or allow the borrowing limit to be exceeded. In these circumstances, the new or excess overdraft is an unarranged overdraft.We may refuse to pay a cheque (or allow any other payment or withdrawal) which could have the effect of exceeding the overdraft limit. If we do pay a cheque, (or allow any other payment or withdrawal), which results in the overdraft limit being exceeded, it will not mean that the overdraft limit has changed, or that we will pay any other cheque (or allow any other payment or withdrawal), which would have the same effect.

11.4 You agree that if you or any appropriately authorised signatory on the Account:

11.4.1 request an overdraft limit or an increased overdraft limit and we agree to the request; or

11.4.2 informally request an overdraft by issuing a payment instruction in any form (eg issuing a cheque or making a Card Transaction on the Account) which, either through exercise of our discretion to pay the item on presentation for payment or through payment being guaranteed to a third party, results in the Account becoming overdrawn when no agreed overdraft limit is in place or which results in the overdraft limit being exceeded; in either case this will vary the contract (ie not revoking and replacing any earlier agreement) under which overdraft facilities are provided by us. If the facilities are provided with our prior agreement they will be an arranged overdraft. If they arise through exercise of our discretion to pay items presented for payment or through payment being guaranteed to third parties they will be an unarranged overdraft.

11.5 We may disregard any uncleared credits for the purposes of calculating the amount of the overdraft outstanding (and any interest payable). If, however,we pay a cheque (or allow any other payment or withdrawal) against uncleared credits, this does not mean that we are bound to do so at other times.

11.5.1 Overdrafts are repayable upon demand in accordance with normal banking practice.This means that at any time we may, on giving you written notice, withdraw your right to overdraw the Account and demand immediate repayment of the overdraft. If we demand repayment of the overdraft, you must immediately stop issuing cheques and making withdrawals on the Account.

11.5.2 Without prejudice to our overriding right to call for repayment on demand,an overdraft limit will be available until further notice or until the agreed review date, which may be extended by mutual agreement.

11.6 We will give you reasonable notice if we place restrictions on the availability of overdraft facilities, however,we can give less than 30 days’ notice where the circumstances justify this.

11.7 We will always tell you if we intend to place a restriction on your ability to make drawings under an overdraft limit. You may at any time tell us in writing that you no longer require the overdraft limit.

11.8 When we agree an overdraft limit,we will provide you with details of any existing security we hold for the overdraft and/or any new security required to secure the overdraft in a schedule attached to the confirmation of overdraft arrangement. We will not be obliged to make the overdraft available until any security required has been completed to our satisfaction. Overdrafts will also be secured by any available security which we may from time to time hold.This does not apply to any overdraft which, by virtue of the terms of a mortgage deed previously or in the future executed by you in favour of us over land in the UK,would constitute a Regulated Mortgage Contract in accordance with rules made by the UK Financial Services Authority.Where we require that an overdraft must be secured by such a mortgage we will have carried out the procedures required by the Financial Services Authority which include the provision of illustrations for cost and comparison purposes and various warnings in a form prescribed by law. In any case where these procedures have not been followed, this will indicate that we have determined that your overdraft is not to be secured by any land mortgage which you may have previously given to us, irrespective of its terms, and that we do not intend to require that you execute mortgage security as a condition of it providing the overdraft facility.

11.9 We may debit the Account on which we have made the overdraft available with interest, fees, costs or charges as detailed above, even if it means that the overdraft limit is exceeded.

11.10 The overdraft terms and conditions will not be affected in any way by the Account on which we have made the overdraft available being allocated another account number by us or being transferred to another of our branches or offices.

12. Interest on borrowing

12.1 Interest accrues on a daily basis on the cleared debit balance and is debited to your Account on our usual charging dates which are normally at the end of March, June, September and December and when the Account is closed.

12.2 If interest accumulates on the Account during a charging period,we will give you at least 14 days’ notice of the amount before it is deducted from the Account, except after demand.

12.3 Interest on any unarranged overdraft will be payable at our Unarranged Borrowing Rate from time to time in force.

12.4 Our principal rates including Base Rate and Unarranged Borrowing Rate are published in our offices and on our website www.coutts.com. Alternatively, please ask us about our published rates.
We may, at our discretion, at any time vary our rates by publishing notices in our offices and/or in the Financial Times,The Times and The Daily Telegraph or other national newspapers or by notice posted to you.

13. Banking by telephone, facsimile, telex or email

13.1 If you wish to give us instructions by telephone,we ask you to provide us with security information to enable us to verify your identity when you call us or if we call you. You must take care of this information including any passwords used for validation purposes, since it is essential to help prevent fraud and protect your Accounts.
Please ensure that you:
a) do not allow anyone else (except our staff) to use this security information; and
b) always take reasonable steps to keep this security information secret at all times.

13.1.1 You authorise us to act on any instructions given after we have completed the verification process, whether the instructions were authorised by you or not.

13.1.2 It is essential that you tell us as soon as you can if you suspect or discover that someone else knows your security information and may use it without your authority.

13.1.3 The fastest method of advising us is by telephone.

13.1.4 Once you have told us that someone else knows your security information,we will take immediate steps to prevent this information from being used. We will refund you the amount of any transaction (together with any interest and fees if appropriate) not authorised by you after you have told us that someone else knows your security information.

13.1.5 If your security information is used without authority before you tell us someone else knows it, you will not be liable for any loss, unless you have acted fraudulently or negligently, eg by not following Condition 13.1 or 13.1.2.

13.2 If you give us instructions by facsimile, telex or email the following will apply.We recommend you seriously consider the risks in doing so, especially when making payments.

13.2.1 You authorise us to act on the instructions given whether the instructions were authorised by you or not.

13.2.2 If we have agreed with you a verification process, which may mean we will telephone to confirm the instructions,we will act on the instructions but delay can occur whilst we go through the process.

13.2.3 You agree to indemnify us from all liabilities, claims, losses, and expenses that we may incur, or for which we may become liable, having acted on such instructions.

13.2.4 You accept all responsibility for non-receipt or any delays in processing, when you provide instructions to us by facsimile, telex or email.

13.2.5 If we are unable to complete our security checks for any reason, you accept that we may not process the instructions and we will not be held liable for any subsequent losses, claims, costs or interest incurred by you.

13.3 We may record electronic messages to us and telephone conversations with you, in order to resolve problems which may arise through misunderstanding or human error.

13.4 We may also record and monitor calls for the purposes of training and improving our service.

13.5 We maintain strict controls and security over access to recordings.

14. Our fees

14.1 For full details of our fees for Current Accounts see our separate leaflet. Fees for other services are available on request.We review our fees from time to time and we may change our fees on notice to you (see also Condition 15.3).

14.2 Our quarterly fees are payable at the end of March, June, September and December or when the Account is closed. You will be given at least 14 days’ notice of the amount before it is deducted from your Account, except when the Account is closed.

14.3 We will confirm to you in writing if we are to charge a fee for arranging an overdraft limit. If a fee is payable,we will debit it to the Account on which we have made the overdraft available either on the date of the confirmation or shortly afterwards.

15. General information

15.1 When any debt is owing by you, in a personal capacity, we may use the whole or any part of any credit balance in your name, or in the case of a joint Account in the name of any party to the Account, to reduce or discharge the borrowing in your name, to discharge any other liability to us whether already incurred or to be incurred. Furthermore,we shall have a lien over securities of any kind and other items deposited by you or on your behalf with us (including cheques given to us for collection).

15.2 Unless expressly agreed in writing,we do not hold ourselves out as providing advice on or considering the general suitability of facilities for your particular circumstances (including tax circumstances), and neither we nor our employees shall be liable for any indications given as to such suitability.We make no warranties or representations about the advisability of any underlying transaction entered into by you.You should obtain independent professional advice on such matters, and upon any security or guarantee required by us.

15.3 We may at our discretion add to or vary these Conditions and those applicable to any other agreement with you, including those applicable to the Card and the Service, our banking hours, banking practices, account services and our fees or introduce a new fee by giving you notice in our offices, in the national press or by post.The change will apply from the date stated in the notice. If the change is to your advantage,we may make it immediately and give you notice by one of the above methods within 30 days. In all other cases,we will give you at least 30 days’ notice. At any time up to 60 days from the date of the notice, you may, without notice, switch your Account or close it without having to pay any extra charges or interest for doing this.

15.4 If you give an instruction contrary to any of these Conditions, we may, at our discretion and without affecting our other rights, refuse the instruction.

15.5 The law of England and Wales applies to all our agreements with you unless they say otherwise.You and we (i) irrevocably submit to the exclusive jurisdiction of the English Courts and (ii) undertake not to commence any proceedings in relation to this Agreement in the courts of any other jurisdiction.

15.6 We shall not be liable to you for any loss you may suffer if we are prevented from or delayed in providing you with any banking or other service due to strikes, industrial action, failure of suppliers or equipment or other causes beyond our reasonable control. Please see also 17.2.

15.7 Where you are a trustee and the Account is operated on behalf of a trust, Condition 15.1 will apply only in relation to borrowings by you and/or the other trustees, and to securities and other items deposited by you and/or the other trustees, acting in such capacity.

15.8 You will be responsible for any costs incurred by us in connection with any overdraft facility on any Account. The costs will include but not be limited to:

• the costs of taking and discharging any security;
• taking steps including court action to obtain payment;
• enforcing our rights under the conditions, any terms specifically agreed with you or any security; and
• tracing you if you change your address and communicating with you if you break any of the conditions or any terms set separately agreed with you.

If such costs remain unpaid then we may debit them to the Account on which we have made the overdraft available.

15.9 You agree to indemnify us against all losses, whether direct or consequential, costs, charges, expenses and other liabilities incurred by us, including taxes or other levies but not tax on our profits as a result of, or in connection with carrying out, performance of this Agreement, including any loss or liability arising from our exercise or our omission to exercise our powers or authorities unless attributable to our fraud, negligence or wilful default.

15.10 If we at any time do not strictly enforce or we waive any of the terms of this Agreement, this shall not prevent us from deciding to enforce any of the terms strictly at a later date.

16. Ending the Agreement

16.1 You have the right to change your mind and cancel the Account within 14 days of either the day the Agreement is entered into or the day on which you receive these Conditions of Use, whichever is later. If you choose to do this,we will help you switch to another account or give you all your money back with any interest it has earned. We will also ignore any notice period and any extra charges that would normally apply.

16.2 The Agreement in relation to any Account may be ended by you at any time by writing to us, but the Agreement will only end when:
a) all cheques issued with any Card that guarantees payment have been presented and paid and all other amounts owed on the Accounts have been paid; and
b) all unused cheques and Card(s) have been returned to us.

16.3 We may require an Account to be closed at any time on giving reasonable notice (usually 30 days). Additionally, we may immediately close an Account and cancel any Card in exceptional circumstances, such as:
a) the Account is, in our opinion, being operated improperly or in breach of any term of the Agreement; or
b) if any dispute arises in relation to the Account funds in it, whether between the Account holders (if more than one) or involving any other party or otherwise; and in that event we will immediately notify you of such closure.After closure of an Account,we will be under no obligation to act on any instruction to pay out money held on the Account other than one given by all parties to the Account.

17. Regulation

17.1 Each transaction with us shall be subject to Applicable Law, banking practice and our internal regulations, compliance and control procedures.You authorise us to do anything on your behalf which we may consider necessary to ensure due compliance with them.

17.2 Even if you may have given us instructions to the contrary, we shall not be liable to you for any costs or damage which may be caused by us acting in accordance with Applicable Law, banking practice or our internal regulations, compliance and control procedures or with the terms of our agreement with other banks or financial institutions regarding the transaction of business with those banks or institutions.

17.3 ‘Applicable Law’ means any law, rule, regulation, order, ruling, judicial interpretation or directive, applicable to us or our agents, any of their activities provided under these Conditions whether in England and Wales or elsewhere from time to time, including, but not limited to:
a) any requirement, code, guideline, policy recommendation or request whether or not mandatory is made by any regulation; and
b) the rules, customs and practices of any exchange, market, clearing house registration system or depository.

18. Notice

18.1 Unless specified otherwise elsewhere in the Conditions, notice, demand or other communication may be posted to you at your last permanent address known to us. Such notice shall be deemed to have been duly sent and received by you:

18.1.1 if delivered personally, at the time of delivery;

18.1.2 if posted, on the first working day after posting to an address in the UK, or the sixth day if to an address outside the UK.

18.2 You must notify us immediately of any change of address.

18.3 When the Account holder is more than one person, then notice or communication given to, or by any of those persons, shall be treated as given by all of them.

18.4 Any notice or communication from you to us shall be effective when received by us.

19. Your information

19.1 Who we are
We are a member of The Royal Bank of Scotland Group (the Group). For information about our Group of companies please visit www.rbs.com and click on ‘About Us’, or for similar enquiries please telephone 0131 556 8555 or Textphone 0845 900 5960.

19.2 Your electronic information
If you contact us electronically,we may collect your electronic identifier (eg Internet Protocol (IP) address or telephone number) supplied by your service provider.

19.3 How we use your information and who we share it with
Your information includes information about your transactions.
We may use and share your information with other members of the Group to help us and them:

• assess financial and insurance risks;
• recover debt;
• prevent and detect crime;
• understand our clients’ requirements;
• develop and test products and services;

We do not disclose your information to anyone outside the Group except:

• where we have your permission; or
• where we are required or permitted to do so by law; or
• to other companies who provide a service to us or you; or
• where we may transfer rights and obligations under this Agreement.

We may transfer your information to other countries. If we do this,we will ensure that anyone to whom we pass it provides an adequate level of protection. From time to time we may change the way we use your information.Where we believe you may not reasonably expect such a change we shall write to you. If you do not object to the change within 60 days, you consent to that change.
If you would like a copy of the information we hold about you, please write to your private banker.A fee may be payable.

 19.4 Credit reference agencies
A link between you and anyone with whom you have a joint Account or similar financial association will be recorded at credit reference agencies, creating a ‘financial association’. All parties’ information will be taken into account in future applications until one of you successfully files a ‘notice of disassociation’ at the credit reference agencies. We may make periodic searches of, and provide information (including how you manage your Account and any arrears) to, credit reference agencies and the Group to manage and take decisions about your Account. Such information may be used by other credit providers to take decisions about you and your financial associates.

 19.5 Fraud prevention agencies
If false or inaccurate information is provided and fraud is identified or suspected, details may be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering, for example when:

• checking applications for and managing credit or other facilities and recovering debt;
• checking insurance proposals and claims;
• checking details of job applicants and employees.

We and other organisations that may access and use information recorded by fraud prevention agencies may do so from other countries.
We can provide the names and addresses of the agencies we use if you would like a copy of your information held by them. Please contact your private banker. The agencies may charge a fee.