Effective 1 July 2021 V0005 3.2 If you signed up to your new agreement through Three.co.uk or Three Telesales or Three Customer Services or if you have purchased Three Home Broadband through a Three retail store you may cancel your agreement within the Returns
Jul 01, 2021 ยท Effective 1 July 2021 V0005 3.2 If you signed up to your new agreement through Three.co.uk or Three Telesales or
Terms and Conditions for using the Three Network
for Pay Monthly customers who joined or upgraded on or after 29 October 2020.
If you'd like a copy of these Terms in an alternative format (e.g. Braille or large print) please contact Three Customer Services on 333 from your Three Phone or 0333 338 1001 from a non-Three phone. For more information on Three's accessibility services please see Three.co.uk/accessibility
Quick Summary
Here's a quick summary of some of the key points that we'd like you to be aware of. The full terms of your agreement with Three are below - it's important that you read and understand them before you sign up to Three and start using Three Services. At the end of these Terms we've set out definitions of capitalised words used in these Terms. If there is any inconsistency between this summary, and the full terms set out below, the full terms will apply.
A. Your Minimum Commitment: You agree to stay with us for the Minimum Term. The minimum price for Three Services provided under this agreement is the Monthly Charge for the Minimum Term. Each April, your Monthly Charge will increase by 4.5%. We've shown an example in the following table of how this increase will work. For more information, see Section 4.1:
Monthly Price until March 2022
Monthly Price from April
Monthly Price from
2022 to March 2023
April 2023 to March 2024
Price A
Price A plus 4.5% (= Price B) Price B plus 4.5% (= Price C)
We've set out an example below, showing how this would work, if your Monthly Charge is £30.
£30.00
£30 + £1.35 (4.5% of £30.00) £31.35 + £1.41 (4.5% of
= £31.35
£31.35) = £32.76
B. Changes to Prices: we may increase Charges for our Outside of Allowance Services. If we do, we'll let you know at least one month in advance if we believe the changes are likely to be of material detriment to you and you regularly use the Outside of Allowance Services affected. You may be able to end your agreement in these circumstances. We may also change or introduce new Charges for Additional Services or Add-Ons. We'll publish any changes on our website. You won't be able to end your agreement with us in these circumstances. See Sections 4.2 - 4.4 and 10.1 below.
C. Our Network: We'll try to provide you with a great quality Three Network at all times within our coverage area. However, due to the nature of mobile technology, there may be times when Three Services aren't continuously available, or the quality is affected. Problems can happen if we're carrying out maintenance work, if you're outside our coverage area, or if you're in a tunnel for example. See Sections 5.11 and 5.13 below.
D. Breaking this Agreement: If you don't pay your account on time or we reasonably believe that you haven't complied with certain terms of your agreement, we may suspend or disconnect Three Services, but you still must pay all outstanding Charges (including a Cancellation Fee for disconnection). See Sections 9 and 10.3 below.
E. Ending this Agreement: How you can end your agreement depends on whether you're in your Minimum Term or not, and whether we've made any changes to your agreement that are likely to affect you. Please see the below table for a summary of how and when you can end your agreement.
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Notice Period
What to Do?
When you wish to end
your agreement
During the Returns
Your agreement will end Contact
Period (please note, if when you notify us, or if you Three
you buy from a Three Retail store, unless you have purchased Home Broadband, you cannot
have a Device to return to Customer us, when we receive that Device in in accordance with Services the Returns Policy (whichever is later)
return your device if you
change your mind)
Charges Payable
Charges for Three Services used. Charges for damage or for any loss of value to the goods, as a result of nonessential use, in accordance with the Returns Policy.
During your Minimum
You can end your agreement
at any time, on 30 days'
Contact
notice.
Three
Term (but outside of any
Customer
Returns Period)
Services
You can end your agreement
at any time, on 30 days'
Contact
Outside of your Minimum notice.
Three
Term/if you have no
Customer
Minimum Term
Services
We make a change that, Your agreement will end, on Contact
in our reasonable
your request, before the
Three
opinion, is likely to be of notified change comes into Customer
material detriment to
effect.
Services
you
All outstanding Charges payable plus your Cancellation Fee.
All outstanding Charges payable
All outstanding Charges payable
The Cancellation Fee will be the total of the Monthly Charges remaining during the Minimum Term of your agreement less a variable discount, currently 3%. We reserve the right to vary the amount of the percentage discount from time to time.
F. Your Information: You agree that we can process your information which we collect and / or which you give to us during any sales or registration process, for a number of purposes, including, but not limited to, opening and managing an account for Three Services, to deliver products and services ordered by you, for credit checking and fraud prevention, and for product analysis and direct marketing (subject to your preferences). See Section 13 below.
Your Pay Monthly Terms in full
1. Who's who and what's what 1.1 When we say:
(a) `we', `us' or `our', we mean Hutchison 3G UK Limited, trading as `Three', (company number 03885486), with its registered address at Great Brighams Mead, 1 Vastern Road, Reading, Berkshire, RG1 8DJ;
(b) `you' or `your', we mean you, our customer whose name appears on the Welcome Letter;
(c) `agreement', we mean your agreement with us for the supply of Three Services. Section 2.1 explains what terms make up your agreement.
1.2 We've set out at the end of these Terms definitions of the capitalised words we use in these Terms.
2. About your agreement 2.1 Your agreement is made up of these Terms and your Package (as set out in our
Price Guide), along with any other terms laid down in additional Three Services. Additional terms may apply to any promotional or special offers. 2.2 Your agreement is personal to you. Unless we give you permission, you can't pass your rights or responsibilities to anyone else - even if we give you more than one SIM or eSIM Profile or you give your Device to others. It's your responsibility to make sure the SIMs or eSIM Profiles are only used to access Three Services as allowed under this agreement. 2.3 This agreement doesn't cover: (a) any products or services you buy while using Three Services; or (b) the supply of your Device.
3. When your agreement starts 3.1 Your agreement for the provision of Three Services, starts when we Connect you to
Three. By inserting your SIM or by scanning or otherwise entering the activation code from your eSIM QR Code you're expressly requesting that we provide you with the Three Services. For existing customers who have upgraded with us by signing up to a new agreement for a new Minimum Term, your new agreement will start on the day we accept your new request for Three Services, unless we agree an alternative date with you.
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3.2 If you signed up to your new agreement through Three.co.uk or Three Telesales or 5. What we'll provide to you
Three Customer Services or if you have purchased Three Home Broadband
A Three Phone number and SIM or eSIM Profile
through a Three retail store you may cancel your agreement within the Returns 5.1 We'll open an account for you and provide you with a SIM or eSIM Profile and a Three
Period. If you use Three Services before you cancel you will be charged for them.
phone number.
Please remember that it can take up to 3 months for some international and Premium 5.2 We own each SIM and eSIM Profile, which remain our property at all times. You're
Services to be applied to your bill. Please see our Returns Policy at
being allowed to use the SIM or eSIM Profile by us on a limited licence to allow you
Three.co.uk/Returns for more information.
to access Three Services.
3.3 If your Package has a Minimum Term, you agree to remain Connected to Three for 5.3 Each SIM or eSIM Profile can only be used in Devices which are authorised by us for
that Minimum Term. You have limited rights to end the agreement during the
Connection to the Three Network. If you try to use the SIM in another device, it may
Minimum Term as set out in Section 10. If your Package doesn't have a Minimum
damage the device and affect your usage (including making emergency calls). In
Term, or your Minimum Term has ended, we'll supply you with Three Services until
these instances, we're not responsible for any such damage or usage problems.
either of us chooses to end the agreement in any of the ways set out in Section 10. 5.4 Devices which can be used to access Three Services may be locked to our network.
The software in the Device and all intellectual property rights in that software are
4. Changes to your agreement or prices
owned by the Device manufacturer and you're being allowed to use the software on
4.1 Your Monthly Charge will be subject to an annual increase of 4.5% The annual
a limited licence from the manufacturer. If you want your Device to be unlocked from
increase will first appear on your April bill.
the Three Network, you can contact us and we can help to arrange for your Device
4.2 We may change any of the terms of your agreement, including our Packages or
to be unlocked in an authorised manner (which may include replacing your Device
prices, on the following basis:
with an unlocked Device, which is the same or similar specification to your Device).
(a) we'll let you know at least one month in advance if we decide to:
Prior to your Device being unlocked, you must ensure that you back-up or otherwise
(i) discontinue your Package; or
store separately any of your information or other data on the Device which you may
(ii) make any changes to your agreement which are (in our reasonable opinion)
require, as this may be lost during the Device unlocking process. We are not
likely to be of material detriment to you. You can end the agreement for such
responsible for any information or any other data which may be lost during the Device
changes as explained in Section 10;
unlocking process.
(b) we may need to change or introduce new Charges in respect of our Outside of 5.5 You can move your existing phone number to Three. First, you need to ask your
Allowance Services. If we do, we'll let you know at least one month in advance
previous mobile network operator for your PAC, and then you will need to give your
unless we believe such changes are not (in our reasonable opinion) likely to be
PAC to us. Once we've checked the details of your request, we'll tell you the date
of material detriment to you and you don't (in our reasonable opinion) regularly
when your phone number will be moved to Three. If the move is delayed and the
use the Outside of Allowance Services affected;
delay is our fault, you may be entitled to compensation in the form of a one-off
(c) we may change or introduce new Charges in respect of Additional Services or
reimbursement of a portion of your Charges.
Add-Ons. We'll publish any changes on our website. If any Add-ons affected have 5.6 You can move your Three phone number to another mobile network operator. First,
a recurring Charge, we'll let you know at least fourteen (14) days before the
you need to ask us for your PAC. Once we've checked the details of your request,
Charge changes.
we'll give you your PAC which must be used within the time specified. Your Three
4.3 You won't be able to end your agreement if any change or increase:
Services will be discontinued once your number has been successfully transferred.
(a) is due to changes to the law, regulation or licence which affect us - this includes
If you move your Three phone number to another mobile network operator within your
any increase or change in the rate of VAT or other applicable taxes or any new
Minimum Term (if you have one), you must pay us all the Charges you owe, plus any
taxes that are introduced; or
Cancellation Fee for your Package.
(b) relates solely to:
(i) Additional Services; or
Three Services
(ii) Add-on(s) (if applicable to you).
5.7 Once you're Connected to Three we'll provide you with access to Three Services.
In these circumstances you won't be able to end your agreement but you will
5.8 You may also be able to upload and send your own content using Three Services.
be able to cancel the Add- on(s) or stop using the Additional Services; or
You grant us an irrevocable, royalty free, perpetual and worldwide licence to
(iii) is an Annual Price Change.
store, transmit or otherwise deal with any content you upload on Three Services.
4.4 If you carry on using Three Services after any change takes effect, you will be 5.9 We:
considered to have accepted the change, and won't be able to then end the
(a) may change or withdraw some, or part, of Three Services from time to time. This
agreement.
may be because of changing technologies, obsolescence, new or different
product features, changing content providers or the need to remove, replace or
change content. Depending on the changes that we make, you may have a right
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to end this agreement, as explained in Sections 4.2 - 4.4 and 10.1. (b) may also determine how Three Services are presented and delivered to the
Device or are otherwise made available to you. We can change the way they are presented, delivered or otherwise made available to you at any time; (c) may deploy traffic management measures, known collectively as TrafficSenseTM, across the Three Network to protect the network and to ensure an enjoyable internet experience for the vast majority of our customers. For details see Three.co.uk/trafficsense. We reserve the right to review and amend any such measures from time to time.
5.10 Access to the Emergency Services (a) You can make free calls to emergency services from your Phone in the UK by calling 999 or 112. When you're outside of Three's coverage area in the UK, your Phone will try to locate another mobile network so that you can try to contact the emergency services (however, neither your mobile phone number nor your Location Data will be transmitted to the emergency services in these circumstances). If you need to contact the emergency services while you're roaming abroad, you will need to call 112 (this number is recognised by most mobile operators worldwide) or the local emergency services number if different (however, neither your phone number nor your Location Data will be transmitted to the emergency services in these circumstances). Emergency service calls can't be made using Skype (or certain other voice over IP services) on your Phone. If you want to call the emergency services, you will need to make a normal voice call from your Phone. (b) If you have difficulties hearing or are speech impaired and you need emergency assistance, you can send a text message with details of your location to 999 or 112. The text will be converted and passed to the appropriate emergency service but you will need to register your Phone before you can use this service. Details on how to do this are available at www.emergencysms.org.uk (c) If you have a Device, other than a phone, such as a Tablet, which is capable of making telephone calls, you may be able to use this to make free calls to emergency services in the UK by calling 999 or 112, however your Location Data may not be transmitted to the emergency services in these circumstances. (d) If you have a Device that operates on Android operating system 2.3 and above, on calling 999 or 112 while in the UK and connected via the Three Network, your Location Data may be automatically transmitted to the emergency services to help them locate you in an emergency.
5.11 Coverage and network speeds 5.11.1 We'll always try to make Three Services available to you. However, there may
be areas where you don't have access to all Three Services or where coverage is otherwise limited or unavailable or network speeds are slower than expected. For more information about coverage see Three.co.uk/coverage 5.11.2 The data speeds that you'll experience on our network will vary due to a number of factors including your distance from the nearest mast, your location in a building, local geography, congestion and the type of equipment that you're using - for example, you'll only be able to enjoy 4G speeds if you're in a 4G coverage area and using a 4G device.
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5.12 Broadband speeds 5.12.1 Our advertised and estimated maximum upload and download speeds for our
broadband internet services, provided as part of the Three Services, are set out in our estimated broadband speeds table, available at: www.three.co.uk/broadbandspeeds 5.12.2 We do not guarantee that our broadband service will achieve any specific speeds. The speeds achieved by our broadband service will depend on factors such as your geographic location, the type of walls and windows in your building, the number of people using the network, the external environment, and the correct setup of your hub. 5.12.3 We may implement measures to manage the traffic across our network in exceptional circumstances to prevent impending network congestion and/or mitigation the effects of any exceptional or temporary network congestion. We may also implement traffic management measures in order to meet our legal obligations, preserve the integrity and security of our networks, services, or terminal equipment, or to provide you with any particular services you have requested. For more information on traffic management on our network, please visit: http://support.three.co.uk/mobiledocs/Support/Signal_and_coverage/our_network/Tr afficSense_facts_document.pdf 5.12.4 The variability of the download and upload speeds achieved, and the technology used to access the broadband services, may affect your experience of our services and your ability to access and distribute information and content, and use and provide applications and services. 5.12.5 In the event that you experience continuous or regularly recurring disruption to the broadband services you may be entitled to a price reduction based upon the period of the disruption, in accordance with Section 5.13 Disruption to Three Services.
5.13 Disruption to Three Services 5.13.1 Due to the nature of mobile technology, there may be situations when Three Services
aren't always available, or the quality or network speeds are affected and so we cannot guarantee continuous fault-free service. For example: (a) when we need to perform upgrading, maintenance or other work on the Three
Network or Three Services; (b) when you move outside Three's 3G or 4G service area while you're on a call (in
this case calls may end) or using data (in this case, your connection may be lost); (c) when you're in areas not covered by the Three Network. In this case, Three
Services relies on other operators' networks, over which we have no control; and (d) because of factors outside our control, such as the features or functionality of
your Device, legal or regulatory requirements, lack of capacity, interruptions to Three Services from other suppliers, faults in other communication networks, the weather or radio interference caused by hills, tunnels or other physical obstructions. 5.13.2 In the event that you experience continuous or regularly recurring disruption to Three Services (such as where your access to Three Services is limited or unavailable) you may be entitled to a price reduction based upon the period of the disruption. This may take the form of a partial or full credit or a refund of your Monthly Charge. To receive a credit or refund you'll need to report to us a disruption on the Three Network in order that we may investigate your concerns, consider the extent to which you use
the Three Services in question and measure the disruption against your typical usage history. An alternative means of accessing the disrupted Three Service (for example, using Three InTouch Wi-Fi Calling or Home Signal) must also be unavailable to you. This is without prejudice to any remedies which may be available to you under consumer law (as explained more fully at Section 12.3) or general contract law, including damages or early termination of this agreement (where the disruption to Three Services is very serious). Please contact us as set out in Section 7 (Your Rights - Complaints) and we'll work with you to find an appropriate resolution for your particular circumstances.
6. What you'll do in return - Personal Security
6.1 As we own the SIM and it remains our property at all times, you must ensure
that you keep it safe and secure whilst it's in your possession and you must ensure
that you're able to return it to us, if required. We may charge you for any
replacement SIM (as set out in our Price Guide). 6.2 You must keep all PINs and passwords secure and confidential. You're also responsible
for the security of your Device and must make sure that you keep it secure (see the Device manufacturer's user guide for details of how to keep your Device secure). You must also keep any PINs or passwords for any services you access through your Device secure and confidential. 6.3 You should immediately change your PIN or password if you become aware that
someone is accessing Three Services on your account without your permission.
Responsible use - How you use the Three Services 6.4 You may only use Three Services:
(a) as set out in this agreement; and (b) for your own personal use. This means you must not resell or commercially
exploit any of Three Services or our content. 6.5 You mustn't use Three Services, the SIM, the eSIM Profile or Three phone number or
allow anyone else to use Three Services, the SIM, the eSIM Profile or Three phone number for illegal or improper uses. For example:
(a) for fraudulent, criminal or other illegal activity; (b) in any way which breaches another person's rights (c) including copyright or other intellectual property rights; (d) to copy, store, modify, publish or distribute Three Services or their content,
except where we give you permission; (e) to download, send or upload content of an excessive size, quantity or
frequency. We'll contact you if your use is excessive; (f) in any way which breaches any security or other safeguards or in any other
way which harms or interferes with the Three Network, the networks or systems of others or Three Services; or (g) to use or provide to others any directory or details about Three customers. 6.6 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of your account. This includes (but is not limited to) any instructions from us to update the settings on your Device and any instructions regarding the use of your plan, as set out in your Price Guide (available at www.Three.co.uk/priceguide). 6.7 If anyone makes, or threatens to make, any claim or issue legal proceedings
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against you relating to your use of Three Services, you will, notify us of this immediately and, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing. 6.8 We may publish an acceptable use policy which provides more details about the rules for use of certain Three Services: (a) to ensure that use of Three Services either in the UK or in our Go Roam
destinations is not excessive; (b) to combat fraud; and (c) where Three Services we offer or may introduce require certain rules to ensure
they can be enjoyed by all our customers. 6.8.1 Any such policy will be available on our website and may be changed from time to
time.
Responsible use - How you use the Messaging and Storage Services 6.9 While using the Messaging Services, you must not send or upload:
(a) anything that is copyright protected, unless you have permission; (b) unsolicited bulk or commercial communications or other unauthorised
communications, or knowingly send any viruses; or (c) anything that is obscene, offensive, abusive, defamatory, menacing, harassing,
threatening or is unlawful in any other way. 6.10 We may put limits on the use of certain Three Services, such as Messaging
Services or Storage Services. For example, we may limit the size of messages or storage space. 6.11 While we have no obligation to monitor the Messaging Services or Storage Services, if you exceed our published use limits, or we're made aware of any issues with your use of these Three Services (for example, if we're made aware that you're using Three Services in any of the ways prohibited in Section 6.8 above) we reserve the right to remove or refuse to send or store content on your behalf. You may still be charged for any content which is blocked or removed.
Responsible use - How you use the Age Restricted Services 6.12 If you're under 18, you're not allowed to access our Age Restricted Services.
If you're 18 or over and you access the Age Restricted Services, you mustn't show or send content from the Age Restricted Services to anyone under 18. You must also ensure that you've deactivated any access to Age Restricted Services if you let anyone under 18 use your Device. 6.13 You accept that we cannot control access to age restricted services obtained over WiFi.
Responsible use - How you use the Three Services outside the UK 6.14 If you use Three Services from a country outside the UK:
(a) your use of Three Services may be subject to laws and regulations that apply in that other country, and we're not responsible for your failure to comply with those laws or regulations;
(b) you will be roaming on another operator's network so: i) you may not receive the same level of coverage and speed as you're used
to on the Three network. We have no liability if you're unable to access services abroad, or if the quality of any other operator's network services differs from those provided on the Three network and; ii) we accept no responsibility for information processing when it leaves our control.
6.15 Use of Three Services in our Go Roam destinations is subject to our fair use policies, as published in your Price Guide, which may be updated from time to time. See www.Three.co.uk/priceguide for full details: (a) If you use Three Services in our Go Roam in Europe destinations, you can use a portion of your data allowance each month at no extra cost, as set out in your Price Guide. Any use in excess of this monthly fair use limit, but within any available data allowance, will be subject to a surcharge, as set out in your Price Guide. There are no fair use limits for calls made or texts sent to standard mobile or landline numbers within our Go Roam in Europe destinations or back to the UK. (b) If you use Three Services in our Go Roam Around the World destinations, you can use a portion of your allowance of voice minutes, texts and data each month at no extra cost, as set out in your Price Guide. If you exceed this monthly fair use limit for data, your data usage may be blocked in our Go Roam Around the World destinations until your next billing period. If you exceed any of these fair use limits for any two months within a rolling 12-month period, we have the right to suspend international roaming on your account, meaning you will no longer be able to use your device or allowances abroad. We'll let you know in advance if this is likely to happen. (c) If you roam exclusively in one or more of our Go Roam destinations (including both Go Roam in Europe and Go Roam Around the World) for any two complete months in a rolling 12-month period, we may suspend international roaming on your account, meaning you will no longer be able to use your device or allowances abroad. We'll let you know in advance if this is likely to happen. If you spend a full month abroad but some of that time is spent in a destination that isn't included in Go Roam, this fair use policy won't apply.
6.16 You may accidentally roam if you're in an area close to national borders because your Device picks up a network signal across the border. If this is the case then you may be charged as if you were roaming on an international network.
Paying your Bills 6.17 You must pay us all Charges in connection with all Three Services which are
accessed using the SIM or eSIM Profile we supply to you. You must pay the Monthly Charge, whether or not your allowance of voice Units, text Units and/or data Units are consumed by you or by another person, with or without your permission. You must also pay for all Three Services which don't involve a conversion of voice Units, text Units and/or data Units within your allowance and which are accessed using the SIM or eSIM Profile we supply to you or which are accessed using your Device, whether the Three Services are accessed by you or by another person, with or without your permission. If your SIM and/or Device is lost or stolen you remain responsible for all the Charges to your account until you tell us what happened and arrange for your
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SIM, eSIM Profile and/or Device to be deactivated. 6.18 We'll send you a bill on a periodic basis and this will usually be done monthly.
However, we may change this period, and we would give you at least 14 days' notice of this. 6.19 Your bill will normally include your Monthly Charge for your Package for the next billing period and any administration fees along with Charges for your use of the Three Services in the UK in the last period and outside the UK in prior periods (if not within your allowance). If your Package includes an allowance, this will be made up of voice Units, text Units and/or data Units which are convertible into a certain number of voice minutes or text messages, and/or a certain amount of data each month. On your bill, we'll include the "per unit" cost for your allowance to help you understand the value you're getting from your Package. If you haven't used all of that monthly allowance by the time we bill you, it will expire and your monthly allowance will then start again on each monthly bill date (which you will see on your bill). 6.20 Charges on your bill are shown inclusive of VAT (where appropriate), unless you're a business customer, in which case, VAT will be added to your bill where appropriate. 6.21 You must make your payment by the due date and by one of the payment methods stated on your bill. If you choose to pay by a Recurring Payment Method, you will benefit from a monthly discount (as set out in our Price Guide. See also Section 6.24). However, we may also submit an interim bill or require an immediate payment if we think you have exceeded a reasonable limit on your account. Your bill will state the amount of the Charges due from you and the due date by which you must make payment. If you fail to pay your account on time, you will be breaking your agreement and we may Suspend or Disconnect you. In this case, you will have to pay any outstanding Charges. We may set a credit limit on your account. If you exceed the credit limit we set, we may Suspend any or all of the Three Services you use until you've made a payment to your account. You shouldn't use the credit limit for budgeting as the amount you owe isn't capped or limited by any credit limit we set. 6.22 We may need to take legal or other collection action against you for non- payment of Charges. This could mean you have to pay our reasonable costs and expenses, or the reasonable costs and expenses of our assignees, including legal and administration costs. Interest may be added on a daily basis to any unpaid Charges and costs, at 2% per annum above the base rate of HSBC Bank plc, from the date payment is due until it is received. 6.23 As a condition of signing up to Three Services, we require you to set up a direct debit to pay your Charges and you will benefit from a discount to your Monthly Charge if you pay by this efficient means. In order to maintain this discount, you must continue to have a valid direct debit or other Recurring Payment Method in place. If you don't have a Recurring Payment Method in place, and pay us by other means, you won't benefit from the discount. Please see the Price Guide for further details of the discount amount and Recurring Payment Methods we accept.
7 Your Rights - Complaints 7.1 If you're unhappy about any aspect of Three Services, you should contact Three
Customer Services. 7.2 We'll investigate any complaint in accordance with our customer complaints code, after
which we'll contact you with the results. A copy of our customer complaints code can be
viewed on our website at Three.co.uk/complaints or you can request a copy by contacting Three Customer Services. If we are unable to resolve your complaint, you may, depending on the nature of your complaint, be entitled to ask Ombudsman Services: Communications to consider your complaint for you. Their website address is: https://www.ombudsman-services.org. Alternatively, if your complaint is about a purchase you made online and we have been unable to resolve your concerns through our complaints process, you can submit your complaint through the European Commission's online dispute resolution platform which can be found at the following website address: http://ec.europa.eu/consumers/odr/. 7.3 See Section 13 for information about data protection and privacy complaints.
8 Our Rights - Intellectual Property 8.1 All rights in Three Services and their content, belong to us, or our licensed source,
such as a content provider. We reserve all our rights. 8.2 The `Three' trademark and other related images, logos and names are proprietary
marks of our group of companies. We reserve all our rights.
9 Suspension of Three Services 9.1 We may Suspend any or all of the Three Services you use without notice if:
(a) we reasonably believe you`ve provided us with false or misleading details about yourself as set out in Section 13;
(b) we advise you that your excessive use of Three Services (as may be defined in accordance with Section 6.7 above) is causing problems for other users, and you're continuing to use Three Services excessively;
(c) we believe your Device, SIM or eSIM Profile has been lost, stolen or is being used in a way not allowed by this agreement;
(d) we reasonably believe that you`ve used Three Services, the SIM(s), the eSIM Profile(s) or a Three phone number for illegal or improper purposes in contravention of our responsible use requirements in Section 6 above;
(e) we receive a serious complaint against you which we believe to be genuine (for example, if we receive a complaint that you're using Three Services in any of the ways prohibited in Section 6); or
(f) we're required to Suspend your Three Services by the emergency services or other government authorities.
9.2 In addition to the circumstances set out in Section 9.1, we may also Suspend any or all of the Three Services you use without notice if: (a) you haven't paid our Charges on time, or if you've previously failed to pay your Charges on time; or (b) you've exceeded any credit limit that we may have set for you (as set out in Section 6.20 above); or (c) you have insufficient credit in your account to cover Charges you agreed to pay in advance. Additionally, we reserve the right to Suspend any other account(s) you have with us, if we reasonably believe that you will be unable to pay the relevant Charges.
9.3 We may end any calls that you make that are longer than 2 hours' duration in order to prevent you from incurring excessive, inadvertent costs.
9.4 We may turn off your Messaging Services if they're inactive for an extended period of
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time - we'll let you know before this happens. If we do turn off your Messaging Services we'll have no obligation to maintain any of the content in your Messaging Services, or to forward any unopened or unsent messages to you, or anyone else. 9.5 If we Suspend any or all of your Three Services, you will still be able to make emergency calls (unless they've been Suspended at the request of the emergency services). 9.6 If your Three Services are Suspended, we may agree to re-Connect you if you ask us to do so and there may be a re-Connection Charge for this.
10 Ending this agreement and Disconnection of Three Services 10.1 You may end this agreement in the following ways:
(a) in certain circumstances under our Returns Policy which can be found at Three.co.uk/returns. You will need to get in touch with Three Customer Services to arrange Disconnection;
(b) at any time during your Minimum Term (if you have one) by giving notice to Three Customer Services 30 days before the date you want to end the agreement. You must pay us all the Charges you owe, plus any Cancellation Fee for your Package (as set out in the Price Guide); (c) at the end of your Minimum Term or any time after your Minimum Term has expired, or if you don't have a Minimum Term, provided you give notice to Three Customer Services at least 30 days before the date you want to end the agreement. A Cancellation Fee won't be charged;
(d) within one month of us telling you about a variation to your agreement (which includes your Package) which is likely (in our reasonable opinion) to be of material detriment to you. You must give notice to Three Customer Services within that month and your agreement will finish at the end of that month once we receive your notice.
10.2 You won't be able to end the agreement during your Minimum Term without paying a Cancellation Fee if the variation to your agreement (which includes your Package, Three Services or our prices) is due to any of the following circumstances: (a) the change is due to changes to the law, government regulation or licence which affect us - this includes any increase or change in the rate of VAT or other applicable taxes or any new taxes that are introduced; (b) the change relates solely to Additional Services or Add-on(s) In such circumstances you won't be able to end your agreement but you will be able to cancel the Add-on(s) or stop using the Additional Services; (c) the change isn't (in our reasonable opinion) likely to be of material detriment to you; (d) the change relates to a variation in our Charges for our Outside of Allowance Services and such changes are not (in our reasonable opinion) likely to be of material detriment to you or you don't (in our reasonable opinion) regularly use the Outside of Allowance Services affected; or (e) the change is an Annual Price Change.
10.3 We may end this agreement in the following ways: (a) by giving you at least 30 days' notice if your Package doesn't have a Minimum Term, or the Minimum Term has ended; (b) immediately in the following cases: (i) if we have the right to Suspend your Three Services on any of the grounds
in Section 9 and we believe that the grounds are serious and have not been, or are unlikely to be, rectified; (ii) if we believe that your communications with Three Customer Services or any of our retailers or agents, or your use of our Three Services, are jeopardising the operation of the network, or are of an unacceptable nature; (iii) if we reasonably believe you won't be able to pay your bill. This could result from a failure to pass one of our credit assessments; or (iv) in the event of your bankruptcy or insolvency; and, in any of these circumstances, you have to pay all the Charges you owe up until we Disconnect you; (c) if we no longer have access to other operators' networks which we need to provide Three Services, or if we're no longer able to provide Three Services due to factors beyond our control or because we cease business. If reasonably possible under these circumstances, we will endeavour to provide you with such notice as is practical. 10.4 If your Device is dual SIM compatible and your SIM or eSIM Profile is Suspended or Disconnected by us because you haven't complied with certain terms of your agreement, we may also Suspend or Disconnect the other SIM or eSIM you are using in your Device.
11 Effect of this agreement ending 11.1 If this agreement ends, we'll close your account and Disconnect you and you won't
be able to use Three Services or make emergency calls. 11.2 You must immediately pay all Charges you owe up to the date the agreement ends.
If we end the agreement due to your conduct, or if you end your agreement within the Minimum Term, the Charges will include a Cancellation Fee. 11.3 We may bill you up to 4 months following the Disconnection of your account, in respect of Charges that were incurred during your agreement with us, but not billed prior to the date of Disconnection. In accordance with Section 6.16, you must pay us all Charges in connection with all Three Services which are accessed using the SIM or eSIM Profile we supplied to you.
12 Liability Limits on our liability
12.1 All of our obligations to you relating to Three Services are set out in your agreement. If you wish to make any change to this agreement or rely on any other term, you must obtain our agreement to the change of term in writing.
12.2 Except as set out in 12.3: (a) all other terms, conditions and warranties relating to Three Services are excluded; (b) our entire liability to you for something we do or don't do will be limited to £3,000 for one claim or a series of related claims; (c) we're not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of Three Services. We're not liable for any loss or damage that was not reasonably foreseeable when you entered into the agreement; and (d) we're not liable for any service, goods and content you may take from third parties, including if they are defective or deficient, and any dispute with a third party will not affect your obligations to us.
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12.3 Nothing in this agreement removes or limits our liability for fraud, death or personal injury caused by our negligence or for any liability which can't be limited or excluded by law. If you're a consumer, you also have other legal rights and remedies that apply in addition to any provided to you under Clause 5.13.2 of this agreement or at common law. Some of the key legal rights you have as a consumer are contained in the Consumer Rights Act 2015, which provides legal remedies to you where we have, for example, not exercised reasonable care and skill in providing Three Services, or where goods or digital content we supply to you are faulty or not as described. These remedies may include, for example, the right to ask us to fix the problem or to a price reduction. Consumer law also gives you rights if we provide you with misleading information that leads you to enter into a contract with us. For more information on your legal rights (also known as your statutory rights), contact your local authority Trading Standards Department or Citizen's Advice Bureau.
Three Services - Area where we have no responsibility 12.4 We'll try to ensure the accuracy, quality and timely delivery of Three Services.
However: (a) we accept no responsibility for any use of, or reliance on, Three Services, or for any disruptions to, or any failures or delays in, Three Services. This includes, without limitation, any alert services or virus detection services; and (b) subject to Section 12.3 we don't make any representations as to the accuracy, comprehensiveness, completeness, quality, error free nature, compatibility, security or fitness for purpose of Three Services. They are provided to you on an `as is' basis.
12.5 We won't be liable: (a) for any loss you may incur as a result of someone using your PINs or passwords with, or without, your knowledge; or (b) if we cannot carry out our duties, or provide Three Services, because of something beyond our control.
Others' content and Services - Areas where we have no responsibility. 12.6 You may be able to use Three Services:
(a) to upload, email or transmit content; and (b) to access content which is branded or provided by others and to obtain goods
and services from others, which may be in a digital form. Where we provide you with such access, all we do is transmit the content to you and we don't exercise control over the content, goods or services. We're not responsible or liable in any way for, and don't endorse, any of this content, goods or services, including any content, goods and/or services that you may pay for using Three Services. You also accept that we have no responsibility for information you supply to third parties who provide content, goods or services on the Three Network. 12.7 This Section 12 will apply even after this agreement has ended.
13
Privacy Notice and Your Information
13.1 We are the data controller of Your Information (as defined in Section 13.5)
collected through your use of the Three Services for the purpose of UK data
protection law. We'll only use Your Information in accordance with this notice and
applicable UK data protection and privacy laws. Please read all of this notice and feel free to contact us at the address in Section 13.8 below with any questions. 13.2 Whenever you provide us with personal information about yourself, you agree that it will be true, complete and accurate. You must tell us if this information changes. 13.3 If you provide us with information about another individual or register a Device in the name of another individual you must have their agreement to do so or be acting with legal authority. 13.4 If we reasonably believe that you have supplied us with false or inaccurate information, or if we suspect fraud, we may delay your Connection or suspend your access to Three Services until an investigation has been completed to our satisfaction. 13.5 In order to supply you with Three Services under this agreement, we may process Your Information. By "Your Information" we mean personally identifiable information: (a) that you give us or that we obtain about you as a result of any application or
registration for, and use of, Three Services. It may include your name, current and previous address(es), date of birth, phone and fax numbers, gender, email address, employment and lifestyle information, bank and credit or debit card information, and information obtained from credit reference and fraud prevention agencies, marketing organisations and those who provide services to us, and may include information from other countries; and. (b) acquired and processed about your use of Three Services while you're a customer of Three, including Location Data, your Communications Data, dynamic IP addresses, your phone number, the unique code identifying your Phone and SIM or eSIM Profile, and your account information, including contact history notes. 13.6 Some of Your Information may be classified as "sensitive" (such as visual or hearing impairments) and we'll ask your permission if we wish to use or share this information. 13.7 When you make a call, the calling line identity ("CLI") of your phone (your Three phone number) will be displayed on the phone of the person you call. If you don't wish your CLI to be displayed and/or transmitted you should check your user guide or contact Three Customer Services. Your CLI cannot be blocked when calling the emergency services, or when sending a text, picture, or video message. 13.8 You must keep any passwords and PIN numbers relating to your Three account and Three Services safe and secure. You must not share them with anyone else. If you find or suspect that anyone else knows your passwords or PIN numbers, or can guess them, you must contact us immediately and ask us to change them. This is your responsibility. 13.9 If you have any questions about this notice or the way in which Your Information is processed, please contact our Data Protection and Privacy Officer, by writing to Hutchison 3G UK Ltd, Great Brighams Mead, 1 Vastern Road, Reading, Berkshire, RG1 8DJ or by sending an email to DPA.Officer@three.co.uk 13.10 We may be required to process Your Information to comply with our legal requirements, to enable us to fulfil the terms of our contract with you or in preparation of us entering into a contract with you. If you do not provide the relevant information to us, we may not be able to provide the service to you. Your Information received from other sources
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13.11 We may receive personal data about you from credit reference agencies, fraud prevention agencies, marketing partners, the electoral register and other commercial partners who may deliver services to us.
Use of Your Information. 13.12 Your Information may be used by us, our employees, service providers and
disclosed to third parties for the purposes set out below. For each of these purposes, we have set out the legal basis on which we use Your Information.
(a) Credit Referencing, Identity Checks and Fraud Prevention (i) In order to process your application, we will perform credit and identity checks on you with one or more credit reference agencies ("CRAs") such as Call Credit, Experian and Equifax. To do this, we will supply your personal information to CRAs and they will give us information about you. This will include information from your credit application and about your financial situation and financial history. CRAs will supply to us both public (including the electoral register) and shared credit, financial situation and financial history information and fraud prevention information. We will use this information to:
· Assess your creditworthiness and whether you can afford to take the product;
· Verify the accuracy of the data you have provided to us; · Prevent criminal activity, fraud and money laundering; · Manage your account(s); · Trace and recover debts; and · Ensure any offers provided to you are appropriate to your
circumstances.
We will continue to exchange information about you with CRAs while you have a relationship with us. We will also inform the CRAs about your settled accounts. If you borrow and do not repay in full and on time, CRAs will record the outstanding debt. This information may be supplied to other organisations by CRAs. When CRAs receive a search from us they will place a search footprint on your credit file that may be seen by other lenders.
If you are making a joint application, or tell us that you have a spouse or financial associate, we will link your records together, so you should make sure you discuss this with them, and share with them this information, before lodging the application. CRAs will also link your records together and these links will remain on your and their files until such time as you or your partner successfully files for a disassociation with the CRAs to break that link.
The identities of the CRAs, their role also as fraud prevention agencies, the data they hold, the ways in which they use and share personal information, data retention periods and your data protection rights with the CRAs are explained in more detail in the Credit Reference Agency
Information Notice ("CRAIN"). CRAIN is also accessible from each of the three CRAs clicking on any of these three links will also take you to the same CRAIN document: Callcredit www.callcredit.co.uk/crain; Equifax www.equifax.co.uk/crain; Experian www.experian.co.uk/crain.
We'll use a combination of credit scoring and/or automated decision making systems when assessing your application.
The legal basis that we rely on to process Your Information for the above purpose is for performance of a contract between you and us or in order for us to take steps prior to entering into a contract with you or our legitimate business interests in order for us to manage our relationship with you. (ii) We'll also disclose details of your agreement with us, the payments you make under it, account balances and information about any default, dispute, and debts to CRAs. We'll also disclose details of any change of address reported to us or which we become aware of. Credit searches and the information supplied by us and held by CRAs is used by us and other organisations to help make decisions about other credit applications by you or other members of your household with whom you're linked financially to trace debtors, recover debts, to prevent and detect fraud and to manage your account. The legal basis that we rely on to process Your Information for the above purpose is our legitimate business interests in order for us to manage our relationship with you. (iii) We may also check and share your details with fraud prevention agencies such as Action Fraud and CIFAS and we'll record (and pass to the fraud prevention agencies) details of any false or inaccurate information provided by you or where we suspect fraud. Records held by fraud prevention agencies will also be used by us and other organisations to help prevent fraud and money laundering, for example, when checking details on applications for credit or other facilities, managing credit and credit-related accounts or facilities, recovering debt, checking details on proposals and claims for all types of insurance and checking job applications and employees. Those fraud prevention agencies may disclose information to law enforcement agencies where requested and necessary for the investigation of crime. We and other organisations may access and use (from a country other than the UK) the information recorded by fraud prevention agencies. The legal basis that we rely on to process Your Information for the above purpose is the performance of a contract between you and us or in order for us to take steps prior to entering into a contract with you or our legitimate business interests in order for us to manage our relationship with you. (iv) We may also use and share your details for the collection of any debts owed by you. This may include the use of debt collection agencies to collect debts on our behalf or may include the assignment of debts to a third party company. The assignment of debts will involve the sale of your debt and account information to a third party company - this information may include your name, address and contact information, year of birth, debts owed, payment history and other information necessary to help recover the debt. The legal basis that we rely on to
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process Your Information for the above purpose is legitimate interest in order to manage our relationship with you. We may also pass and share information to other communications service providers and network operators for the detection and prevention of theft and fraud. The legal basis that we rely on to process Your Information for the above purpose is legitimate interest in order to manage our relationship with you. (b) Account and Service Management (i) To process applications, registrations or orders made by you, to create and administer accounts, to calculate and charge for Three Services, to produce any necessary invoices or billing statements, and to provide to Three Customer Services, including for the management of any complaints or queries. The legal basis that we rely on to process Your Information for the above purpose is for performance of a contract between you and us or in order for us to take steps prior to entering into a contract with you. (ii) To supply any products, services or information requested by you and/or which we may provide. The legal basis that we rely on to process Your Information for the above purpose is for performance of a contract between you and us or in order for us to take steps prior to entering into a contract with you. (iii) For traffic and billing management, which may involve the use of Your Information. We deploy a balance of technical, logical and security controls to protect the processing of Your Information on the Three network. The legal basis that we rely on to process Your Information for the above purpose is legitimate interest and/or to enable us to improve and develop our business operations and the services. (iv) To ensure the accuracy and performance of Three Services. This may involve the use of Your Information in a live test environment. The legal basis that we rely on to process Your Information for the above purpose is legitimate interest and/or to enable us to improve and develop our business operations and services. (v) To update your Device remotely "over the air" with software updates and to investigate and resolve any Service related queries made by you. The legal basis that we rely on to process Your Information for the above purpose is performance of our contract with you. (vi) To process data revealing the geographic location of your Device in order to provide location based services requested by you and which may be provided by Three or by third parties on behalf of Three, or where you request location based services directly from third parties. We may share your Location Data with the emergency services if you call 999 or 112 using a Device with Android operating system 2.3 and above within the UK. This is to help the emergency services more accurately locate you in the event of an emergency where you may not know, or be able to communicate, your location. The legal basis that we rely on to process Your Information for the above purpose is for performance of contractual obligations between us and us. (vii) We may monitor and record calls and messages between you and Three Customer Services for training and quality purposes. The legal basis that we rely on to process Your Information for the above purpose is
legitimate interest and/or to enable us to improve and develop our business operations and services. (viii)Please be aware that when you call Three Customer Services, your phone number will automatically be presented to Three Customer Services so that we're able to provide you with integrated customer services and for security purposes. The legal basis that we rely on to process Your Information for the above purpose is legitimate interest and/or to enable us to improve and develop our business operations and services. (c) Marketing and keeping you informed (i) To carry out analysis of your information, in order to develop our relationship with you, to develop and personalise Three Services and to present and deliver these to your Device. The legal basis that we rely on to process Your Information for the above purpose is our legitimate interests and/or your consent. (ii) To keep you informed about Three's services, developments, pricing tariffs, special offers, and any discounts or awards which we believe may be of personal interest to you, or which you may be entitled to. We may keep you up to date directly to your Device, and by post, phone and by electronic messaging such as phone, text and picture message, email voice, audio and videomail, subject to any preferences indicated by you. You can contact us at any time to ask us not to use your location or Communications Data for marketing purposes or if you would prefer not to receive direct marketing information, or simply to update your preferences by writing to or calling Three Customer Services, by sending an email to DPA.Officer@three.co.uk or by updating your marketing preferences directly from your Device or online using My3. The legal basis that we rely on to process Your Information for the above purpose is our legitimate interests and/or your consent. (iii) To tell you about the products and special promotions of carefully selected partners (subject to your preferences) and allow you to receive advertising and marketing information from them but without passing control of your information to the third party concerned. We may also share depersonalised or aggregated data with third parties for analysis and insight in relation to the use of the Three network and its services. You can opt out by sending an email to optout.bigdata@three.co.uk The legal basis that we rely on to process Your Information for the above purpose is our legitimate interests and/or your consent. (iv) To carry out market research and surveys. The legal basis that we rely on to process Your Information for the above purpose is our legitimate interests and/or your consent. (v) To carry out activities necessary to the running of our business, including system testing, network monitoring, staff training, quality control and any legal proceedings. The legal basis that we rely on to process Your Information for the above purpose is for our legitimate interests in order to conduct and manage our business; for the performance of our contract between you and us; or in connection with legal proceedings (i.e. the establishment, exercise or defence of legal claims).
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(vi) To carry out any activities or disclosures to comply with any regulatory, government or legal requirement. The legal basis that we rely on to process Your Information because the processing is necessary for compliance with a legal obligation.
(vii) We may enter your name, address and phone number in a publicly available directory enquiry service and directories operated by us or by a licensed third party operator such as BT, subject to your preferences and only where you have given us permission. The legal basis that we rely on to process Your Information for the above purpose is your consent.
Other third parties that we may disclosure Your Information to 13.13 Your Information may also be processed by:
(a) our business partners, suppliers and sub-contractors for the performance of any contract we enter into with you, for example we engage third parties to process applications, to carry out surveys and to provide insurance for your Device. (b) other members of our Group; (c) other professional advisers (including accountants and lawyers) that assist us in carrying out our business activities; (d) police and other law enforcement agencies in connection with the prevention and detection of crime; (e) other external agencies and organisations (including the National Crime Agency) for the purpose of preventing and detecting fraud (including fraudulent transactions), money laundering and criminal activity; and (f) third parties if we are under a duty to disclose or share Your Information in order to comply with any legal obligation or instructions of a regulatory body (including in connection with a court order), or in order to enforce or apply the terms of any agreements we have with or otherwise concerning you (including agreements between you and us) or to protect our rights, property or safety of our customers, employees or other third parties. (g) We may also disclose Your Information to other third parties, for example:
(i) in the event that we sell or buy any business or assets we will disclose Your Information to the prospective seller or buyer of such business or assets; (ii) if we or substantially all of our assets are acquired by a third party (or are subject to a reorganisation within our Group), Your Information held by us will be one of the transferred assets; and (iii) if we are under a duty to disclose or share Your Information in order to comply with any legal obligation, or in order to enforce or apply the agreements concerning you (including agreements between you and us).
Fraud Prevention 13.14. The personal information we have collected from you will be shared with fraud prevention agencies who will use it to prevent fraud and money-laundering and to verify your identity. If fraud is detected, you could be refused certain services, finance, or employment. Further details of how your information will be used by us and these fraud prevention agencies, and your data protection rights, can be found in the terms and conditions section of our website.
Automated decision making 13.15 When you apply for a pay monthly plan, we will obtain information from one or more
CRAs, which will be used in an automated decision process to determine whether we can enter a contract with you. If you wish for the decision to be reassessed by a person, you may do so by calling Three Customer Services or by writing to us at: Three Customer Services, Hutchison 3G UK Ltd, PO Box 333, Glasgow G2 9AG. You can also object to a decision being taken solely by automated processing (see heading Your Rights below).
Where will we transfer Your Information
13.16 13.17
Your Information will be processed both within and outside the European Economic
Area (EEA). Where we transfer Your Information outside ofF the EEA, we will
implement appropriate and suitable safeguards to ensure that such personal
information will be protected as required by applicable data protection law. as
required by applicable data protection law. These measures generally include:
(a)
Commercial terms to safeguard the processing of Your Information and;
(b)
Technical security standards commensurate with the nature of the data
being processed.
For further information as to the safeguards we implement please contact our Data
Protection and Privacy Officer at the contact details set out in Section 13.9.
Retention of data 13.18 We may retain Your Information for as long as is necessary for the purposes detailed
in this notice and until charges for Three Services cannot be lawfully challenged and legal proceedings may no longer be pursued. Generally, we'll keep your communications data for up to one year. Your account information will be kept after your relationship with Three ends to comply with our legal and regulatory obligations. Your Rights
13.19
You have certain rights with respect to Your Information. The rights may only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights. You can exercise these rights using the contact details set out in section 13.9.
Summary of your rights
Right of access to
your
personal
information
Right to rectify your personal information
Right to erasure of
your
personal
information
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You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions.
You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete.
You have the right to ask that your personal information be deleted in certain circumstances. For example (i) where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used; (ii) if you withdraw your consent and there is no other legal ground for which we rely on for the continued use of your personal
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information; (iii) if you object to the use of your personal information (as set out below); (iv) if we have used your personal information unlawfully; or (v) if your personal information needs to be erased to comply with a legal obligation.
Right to restrict the use of your personal information
You have the right to suspend our use of your personal information in certain circumstances. For example (i) where you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information; (ii) the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead; (iii) we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defence of legal claims; or (iv) you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection.
Right to portability
data
You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible. The right only applies where the use of your personal information is based on your consent or for the performance of a contract, and when the use of your personal information is carried out by automated (i.e. electronic) means.
Right to object to the use of your personal information
You have the right to object to the use of your personal information in certain circumstances. For example (i) where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party) including for profiling; and (ii) if you object to the use of your personal information for direct marketing purposes, including profiling (to the extent it relates to direct marketing).
Right to object to decision which is based solely on automated processing
Right to withdraw consent
Right to complain to the relevant data protection authority
You have the right in certain circumstances not to be subject to a decision which is based solely on automated processing without human intervention.
You have the right to withdraw your consent at any time where we rely on consent to use your personal information.
You have the right to complain to the relevant data protection authority, which is, in the case of Three, the Information Commissioner's Office, where you think we have not used your personal information in accordance with data protection law.
Notification of changes 13.20 If we change this notice we'll post the amended version on our website so you
always know how we'll collect, use and disclose your information.
14. Notices 14.1 Our website, Three.co.uk, is a great source of information that you may find useful when using the Three Services - it's the most up to date source of information about Three and Three Services. 14.2 If we need to send any notices under this agreement to you, we'll do this by communicating them to you via phone, text message, electronic messaging, email, or mail, using your most recent contact details given to us (if any).
15. Other terms 15.1 This agreement is governed by English Law unless you live in Scotland, in which case it will be governed by Scots Law. Each of us agrees to only bring legal actions about this agreement in a UK court. 15.2 If you, or we, delay, or don't take action to enforce our respective rights under this agreement, this does not stop you, or us, from taking action later. 15.3 If any of the terms in this agreement are not valid or legally enforceable, the other terms won't be affected. We may replace any term that is not legally effective with a similar term that is. 15.4 We may assign or transfer some or all of our rights and obligations under your agreement to a party who agrees to continue complying with our obligations under this agreement, provided that your rights under the agreement or any guarantees given by us to you are not affected. No other person (other than our assignee(s), if any) may benefit from this agreement. 15.5 In exceptional circumstances, a government authority may order the reallocation or change of phone numbers, in which case we may have to change your Three phone number. 15.6 You confirm that you have full contractual capacity to agree to the agreement and are able to pay the Charges. 15.7 Third parties can't benefit from this agreement under The Contracts (Rights of Third Parties) Act 1999. 15.8 Our registered company number is 03885486 (England and Wales) and our registered office is at Great Brighams Mead, 1 Vastern Road, Reading, Berkshire, RG1 8DJ.
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Definitions
Where we use these words they have the following meanings:
Additional Services: additional, optional or extra services which you choose to use which are not services that are part of your Package or Outside of Allowance Services. For example, they may include (but they're not limited to) Add-Ons, Premium Services, international services, services you use whilst roaming abroad, directory enquiry services, any other additional services listed in our Price Guide, calls to nongeographic numbers (such as calls to 084, 087), content or applications you may buy and/or any third party services. Add-on: an additional credit which you can buy for specific supplemental Three Services (as detailed in the Price Guide). Age Restricted Services: any Three Services which are for use only by customers 18 or over. Annual Price Change: an increase to the Monthly Charge as described in Section 4.1. Cancellation Fee: means a fee charged if we end the agreement due to your conduct or if you end your agreement within the Minimum Term. The fee is set out in the Price Guide and is calculated as a lump sum equivalent to the total of the Monthly Charges remaining during the Minimum Term of your agreement less a variable discount, currently 3%. We reserve the right to vary the amount of the percentage discount from time to time. Charges: charges for access to, and use of, Three Services as set out in the Price Guide. These charges may cover (but are not limited to) fixed periodic charges, including your Monthly Charge, usage charges (for example, charges for Outside of Allowance Services or Additional Services), account administration fees, fees for Connection and re-Connection and any costs incurred in collecting outstanding payments from you. Communications Data: information about the routing of services, calls and messages you make and receive, the date, time, duration and cost of these, and information about the identity of your Device and SIM or eSIM Profile. Connection: the procedure by which we give you access to Three Services. `Connect', `Connecting', and `reConnection' have corresponding meanings. Device: any device you use to connect to Three Services, including a Phone, Dongle, Mobile Wi-Fi, Tablet or Laptop that is authorised by us for Connection to the Three Network. Disconnection: the procedure by which we stop your access to Three Services. `Disconnect,' `Disconnected' and `Disconnecting' have corresponding meanings. Dongle: the USB modem that's authorised by us for Connection to the Three Network which is used to access Three Services. eSIM: a chip embedded in your Device to which an eSIM Profile can be downloaded. eSIM Profile: contains your Three phone number and enables you to access Three Services. eSIM QR Code: a QR or activation code which allows us to install and activate an eSIM Profile on the eSIM in your Device. Group: means CK Hutchison Holdings Limited. Laptop: a laptop which is used in conjunction with a Dongle and/or Mobile WiFi and/or SIM to access Three Services. Location Data: data indicating the geographical location of your Device when using Three Services or when your Device is switched on. Messaging Services: any email, voicemail, text (SMS) and multimedia
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messaging services (MMS), personal information management and other message or communication facilities which let you communicate with others. Minimum Term: the minimum fixed term for the supply of Three Services as laid out in your Package. Mobile Wi-Fi: the wireless mobile device which is authorised by us for connection to the Three Network and is used to access Three Services. Monthly Charge: is the monthly fixed charge payable by you for your Package (as set out in the Price Guide), including any Annual Price Change. Outside of Allowance Services: any standard Thee Services (i.e. calls and texts to standard UK mobiles and UK landlines you use when you have used up the Units (whether voice Units or text Units or data Units, as applicable) which may be included in your Package (if any) or, if you don't have any inclusive allowances with your Package, any standard Services you may use. PAC: a Porting Authorisation Code Packages: our current Packages available for you to select that are set out in the Price Guide as well as any other Packages we may introduce in the future. `Your Package' means the Package you have chosen, details of which are set out in the Welcome Letter, including your Minimum Term. There may be more than one Package available for you to choose from and if so, you will need to select one before you're Connected to Three. Depending on the Package you choose, you may receive an allowance made up of Units, being voice Units, text Units and data Units, which entitle you to a specified number of voice minutes, text messages and/or data - details of these are set out in the Price Guide. The Packages we offer may be changed or withdrawn from time to time, and can be viewed at Three.co.uk or details requested from Three Customer Services.
Phone: a mobile phone that you use to access Three Services using your SIM or eSIM Profile. Premium Services: any Three Services which are charged at premium rates. You can only access these Three Services, such as international calling and international roaming, with our approval. Price Guide: the document that sets out the Packages available to you, our current Charges and relevant terms (including any Minimum Term and payment commitments). It can be viewed at Three.co.uk/priceguide Recurring Payment Method: a means of automated payment, preauthorised by you, such as by Direct Debit or a recurring credit or debit card payment, details of which are available in our Price Guide. Returns Period: the number of days you have to cancel your agreement and/or return your Device, as detailed in the Returns Policy, or as stated in your Welcome Letter. Returns Policy: our returns policy applicable at the time your agreement begins, the current version of which is available at Three.co.uk/returns SIM: a card which contains your Three phone number and enables you to access Three Services. Storage Services: any Three Services which offer you storage capacity on the Three Network for storage of content which you access from Three Services. Suspension: the procedure by which we temporarily Disconnect your access to the Three Services. `Suspend' and `Suspended' have a corresponding meaning. Tablet: a tablet personal computer which is authorised for connection to the Three
Network and is used to access Three Services. Terms: these Terms and Conditions for using the Three Network and Three Services. Three Customer Services: our service team who are available to help you with your queries. Device customers can call 333 (free) from a Three Phone or 0333 338 1001 from any other line (standard call charges apply). Mobile Broadband customers can call 500 (free) from a Three Phone or 0333 338 1003 from a landline (standard call charges apply). Three Network: means the public telecommunications network owned, operated or used by Three. Three Services: the services offered by Three, including, but not limited to, call services, internet access, Messaging Services, Storage Services, Age Restricted Services and Premium Services, which we have agreed to provide to you. TrafficSenseTM: Tools and insight we use across the Three Network for the intelligent management of data traffic. See Three.co.uk/trafficsense for more information. Unit: a voice Unit, text Unit or data Unit. On use, each voice Unit will be automatically converted to one minute of a phone call, each text Unit will be automatically converted to one text sent, and each data Unit will be automatically converted to a specified amount of data - full details are set out in the Price Guide. Welcome Letter: the letter or email we send to you when you take out a new agreement with us - either as a new customer or as an existing, upgrading, customer. Welcome Letter: the letter or email we send to you when you take out a new agreement with us either as a new customer or as an existing, upgrading customer.
Effective 1 July 2021
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Effective 1 July 2021 V0005
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