Hudson’s Bay Account Agreement
Summary of Key Terms as of March 8, 2013
|Hudson’s Bay† MasterCard®||Hudson’s Bay Credit Card|
|Initial Credit Limit / Cash Advance Limit||These limits are communicated to you with your Card.|
|Annual Interest Rate||
These interest rates take effect on approval.
Purchases (Initial Rate1): 29.9%
Purchases (Standard Rate): Prime2 plus 17%
Cash Advances (Initial Rate1): 29.9%
Cash Advances (Standard Rate): Prime2 plus 17%
Your Annual Interest Rates will increase to, or remain at, 29.9% on your next statement where two times in any 12 month period you have either made a late payment, missed a payment or have had a payment returned.
If we receive your minimum monthly payment by the due date for 12 consecutive billing periods (the “Cure Period”), your Annual Interest Rates from the beginning of your 13th billing period will be the Annual Interest Rates you had previous to the Cure Period unless you triggered the Standard Rates during the Cure Period.
These interest rates take effect on approval.
Cash Advances: 29.9%
|Interest-Free Grace Period||At least 21 days on new Purchases provided your outstanding balance is paid in full when due; 0 days on Cash Advances and Balance Transfers.|
|Determination of Interest||
Purchase Balance (non-Quebec):
We use a method called “daily balance (excluding new Purchases)” to calculate interest owed and charged monthly on the last day of your billing cycle. See Section 4 of your Hudson’s Bay Account Agreement for more details.
Purchase Balance (Quebec):
We use a method called “average daily balance (excluding new Purchases)” to calculate interest owed and charged monthly on the last day of your billing cycle. See Section 4 of your Hudson’s Bay Account Agreement for more details.
Your Total Minimum Payment will be the sum of:
(A) the greater of $10 or 1% of the new total account balance (“New Total Account Balance”) minus any credit insurance charges, minus any remaining Special Payment Plan balance; plus (B) any finance charges; plus (C) any past due amounts and any credit insurance charges; plus (D) any monthly payment under a Special Payment Plan, if applicable. The sum of (A), (B), (C) and (D) will be rounded up to the next whole dollar. If your total balance is less than the minimum payment calculation, then your minimum payment is equal to your total balance.
|Foreign Currency Conversion||If you make a Purchase/Cash Advance in a foreign currency, the Purchase/Cash Advance amount will be converted to Canadian dollars at the MasterCard exchange rate in effect for that currency on the date that the Purchase/Cash Advance is posted to your Account plus a charge of 2.5% of the Canadian dollar equivalent of the foreign Purchase/Cash Advance which will be charged when the Purchase/Cash Advance is posted to your Account.||N/A|
Charged on the day the transaction occurs:
Non-sufficient Funds (NSF)/Returned Cheque: $30 each
Effective within 5 business days of your request being processed:
Balance Transfer: 5% of each balance transferred, unless stated otherwise. Balance Transfer fees will be applied on the posting date of the Balance Transfer.
Over limit: $29 at the end of the billing cycle that you are first over limit and then at the end of your billing cycle for each month that your Account stays over limit.
1 If you receive a Hudson’s Bay MasterCard, please note that for the purpose of calculating finance charges on your Account, in your first billing cycle (the approximate 30 day period until you receive your monthly statement for that billing cycle), your initial interest rate (“Initial Interest Rate”) for Purchases and Cash Advances will be 29.9%. Further, unless you trigger a lower interest rate as set out below, the Initial Interest Rate will be used to calculate any applicable finance charges for any Purchases or Cash Advances made on your Account on subsequent billing cycles as well. You can trigger the lower interest rate on your Hudson’s Bay MasterCard when, in any billing cycle, you: (a) make a purchase on your Account outside of Hudson’s Bay, thebay.com, Home Outfitters†, Zellers or any of their partners, and do not return the item purchased in that billing cycle; or (b) take a Cash Advance, as permitted, on your Account (excluding Quick Cash). When this happens (except during the Cure Period), your Interest Rate will cease to be the Initial Interest Rate effective at the end of that billing cycle and instead will be the Standard Rate, which will then apply to calculating finance charges on all existing Account balances and subsequent Purchases and Cash Advances made on the Account. If the trigger occurs during the Cure Period, effective the beginning of the 1st billing period after the Cure Period your Interest Rate will be the Standard Rate, which will then apply to calculating finance charges on all existing Account balances and subsequent Purchases and Cash Advances made on the Account.
2 The Canadian Prime Rate as published in The Globe and Mail on the last Friday of the month preceding your billing cycle.
This Agreement (“Agreement”) governs your Hudson’s Bay revolving credit account with Capital One Bank (Canada Branch). In this Agreement and in your billing statements (“Statements”), ”we”, “us”, “our” and “Capital One” mean Capital One Bank (Canada Branch) and its successors and assigns or our Affiliates; “you” and “your” mean the person (or persons jointly and severally/solidarily liable) that sign(s) the application and any authorized user you permit to use the Account; and “Card” means the Hudson’s Bay card(s) issued for your Account. The effective date (“Effective Date”) of this Agreement will be the earlier of (i) the date you submit an Account application that is approved by us; or (ii) the first date that you or someone authorized by you uses the Account. Please read and keep this Agreement for your records.
2. WHAT WE PROMISE YOU:
(a) Annual Fee: We will not charge you an annual fee for the Card.
(b) Cash Advance: Provided your Account is in good standing, we will allow you to use your Card and your Account to lawfully: (A) purchase goods and services (“Purchases”) at Hudson’s Bay, Home Outfitters and at any other merchant that accepts the Card for payment; and (B) where permitted and available, obtain cash loans (“Cash Advances”) at any institution that accepts the Card or recognizes the Account, including any automated banking machine (ABM), up to the credit limit (“Credit Limit”) and cash advance limit (“Cash Advance Limit”), respectively, that we establish from time to time. The ABM must bear one of the logos shown on your Card or any other logo that we designate. Your Credit Limit and Cash Advance Limit will be sent to you with your Card and will appear on your Statements. Please note that any drafts, money orders, cashier’s cheques, traveller’s cheques, electronic or wire transfers, foreign currency or other in-bank transactions, tax payments, lottery tickets or other legalized gambling transactions, court costs, bail bonds, person-to-person payments, fines and other cash-like transactions drawn on the Account are treated as Cash Advances, and your Cash Advance Limit may be a portion of your Credit Limit.
If you have a chip card you will be provided with a Card with a unique number and personal identification number (“PIN”). This will allow you to use your Card and PIN at any ABM or similar equipment. If you wish to limit an authorized user’s ability to make a Cash Advance transaction you may ask us to reduce your Cash Advance Limit or turn off the Cash Advance service for the Account entirely.
(c) Quick Cash: Provided your Account is in good standing, we will also allow you to use your Card and your Account, where permitted and available, to obtain cash back with any in-store Purchase using the Card at Hudson’s Bay, Home Outfitters and Zellers (“Quick Cash”) subject to a cash back limit and other restrictions (“Quick Cash Restrictions”). Each Quick Cash will be treated as a Cash Advance for purposes of calculating finance charges and Total Minimum Payments on your Account including when finance charges begin to accrue and determining the balance subject to finance charges. Check your available cash limit under Account Details on your Statement and remember that, although interest charges apply, there are no fees for Quick Cash transactions.
(d) Access Cheques: Provided your Account is in good standing, we will also allow you to make Purchases and obtain Cash Advances by using any account Access Cheques (including Purchase Cheques, Special Offer Cheques and other similar cheques) that we may send to you. When we provide you with account Access Cheques, we will tell you whether they will be treated as Cash Advances, Purchases or Balance Transfers. Unless we tell you otherwise, account Access Cheques will always be treated as Cash Advances.
(e) Third Parties: Unless you tell us otherwise, we may contact you, or permit third parties to contact you, about products or services that we think you would be interested in. See the “CAPITAL ONE PRIVACY STATEMENT” and the “HUDSON’S BAY PRIVACY STATEMENT” following this Agreement for more details.
(f) Customer Service: To ensure that you receive accurate and courteous customer service, we may monitor your telephone calls with us.
(g) Notification of Changes: We will notify you of any changes to this Agreement as required by applicable law, and you can close your Account at any time by providing us written notice although you remain obligated to repay any outstanding balance on your Account and this Agreement will continue to apply until you do so.
(h) Credit Limit: Your Credit Limit appears on your Statement, and we may decrease it and your Cash Advance Limit at any time. We need your express consent to increase your Credit Limit.
(i) Credit Balance of Less than $1: If your Account has a credit balance of less than $1, we may not refund that amount unless we receive a written request from you within 100 days from the first date the credit balance equals an amount less than $1. After that 100-day period, we may charge you an inactive account fee in the amount of your credit balance.
(j) Account Inquiries: If you want information about your Account or have a complaint about your Account, please call us toll-free at 1-866-640-7858 for your Hudson’s Bay MasterCard or 1-800-263-2599 for your Hudson’s Bay Credit Card, or write us at Hudson’s Bay Credit Services, P.O. Box 903, Stn. Agincourt, Scarborough, ON M1S 5M4. You can also contact the Financial Consumer Agency of Canada at 427 Laurier Ave. West, 6th Floor, Ottawa, ON K1R 1B9 or through its website at www.fcac-acfc.gc.ca with respect to complaints.
3. WHAT YOU PROMISE US:
(a) Binding Contract: You have requested that we establish this Account for you and agree to be bound by this Agreement.
(b) Repayment: You will pay us for all credit that we extend on your Account and all other amounts owed to us under this Agreement, and you will be responsible for all charges made by any person(s) authorized to use your Account. In particular:
Purchase Interest (non-Quebec): You will pay us interest (from the day the Purchase was made at the rate disclosed to you from time to time) on any Purchases not paid in full by their due date in the billing statement on which they first appear. The rate may increase if you do not make your minimum payments on time.
Purchase Interest (Quebec): You will pay us interest (from the first date of the next billing period) on any Purchases not paid in full by their due date in the billing statement on which they first appear. The rate may increase if you do not make your minimum payments on time.
Cash Advance Interest: Where Cash Advances are available on your Account, you will pay us interest on the Cash Advance from the day it is made at the rate disclosed to you from time to time. The rate may increase if you do not make your minimum payments on time.
Balance Transfer Interest: If you are offered an opportunity to transfer an existing loan balance to your Account (“Balance Transfer”) which you accept, you will pay us interest on the Balance Transfer from the date it is made at the rate disclosed to you from time to time. Again, the rate may increase if you do not make your minimum payments on time.
(c) Proper Use: You will not use your Account to pay amounts you owe us on this Account or any amounts you owe on other accounts you have with us.
(d) Acknowledgements: You acknowledge and agree that:
- (i) we may occasionally approve a transaction that causes your Account balance to exceed your Credit Limit without waiving any of our rights under this Agreement, and if you exceed your Credit Limit, we may impose an Overlimit Fee as set forth herein. Transactions in excess of your Credit Limit are covered by this Agreement;
- (ii) we may decline to authorize any transaction on your Account;
- (iii) we may, at any time, and subject to applicable law, change, add or delete provisions of this Agreement or terminate your Account. We may also terminate your right to make future Purchases or change your Credit Limit, any Cash Advance Limit, any Quick Cash Restrictions, interest rates and fees at any time in accordance with applicable law; and
- (iv) we may submit a credit report reflecting on your credit record to a credit reporting agency if you fail to fulfill the terms of this Agreement.
(e) Lost or Stolen Cards: You agree to promptly notify us if your Card is lost or stolen, or if there is possible unauthorized use of your Card by calling us toll-free at 1-866-640-7858 or collect at 1-513-770-3782 if you are a Hudson’s Bay MasterCard cardholder or toll-free at 1-800-263-2599 if you are a Hudson’s Bay Credit Card cardholder. As a Hudson’s Bay Credit Card cardholder, your liability for unauthorized use prior to notifying us is limited to $50. As a Hudson’s Bay MasterCard cardholder, you will have Zero Liability in the event of unauthorized use of your Account as long as you keep your Account in good standing, you have exercised reasonable care in safeguarding your Card(s), and you have not reported two or more unauthorized events in the past twelve (12) months. You may be liable for up to $50 for the unauthorized use of the Hudson’s Bay MasterCard if the appropriate conditions noted above have not been met. As a Hudson’s Bay MasterCard or Hudson’s Bay Credit Card cardholder you will not be liable for unauthorized use (including PIN-based transactions, if applicable) that occurs after you notify us verbally or in writing of the loss, theft or possible unauthorized use. If you verbally give us notice concerning loss or theft, we may request you to confirm it in writing. You agree that unauthorized use does not include use by a person to whom you have given authority to use the Account or Card and that you will be liable for all use by such a person. To terminate that authority, you must notify us at 1-866-640-7858 or call collect at 1-513-770-3782 if you are a Hudson’s Bay MasterCard cardholder or at 1-800-263-2599 if you are a Hudson’s Bay Credit Card cardholder.
(f) Credit Reporting: If you believe that we have reported inaccurate information about you to a credit reporting agency, you will call us toll-free at 1-866-640-7858 or collect at 1-513-770-3782 if you are a Hudson’s Bay MasterCard cardholder or toll-free at 1-800-263-2599 if you are a Hudson’s Bay Credit Card cardholder. In doing so, you will identify the inaccurate information and tell us why you believe it is incorrect. If you have a copy of the credit report that includes the inaccurate information, we may ask that you send us a copy of that report as well.
(g) Address Changes: You will notify us promptly if you change your address and/or your phone number(s), and we may send Statements and other notices to the address we have for you in our records until we have a reasonable opportunity to update our records with any new address for you.
(h) Care and Control of Personal Identification Number (PIN): If your Hudson’s Bay MasterCard is embedded with a chip, you are responsible for the care and control of the Hudson’s Bay MasterCard and PIN. You must keep them safe and confidential at all times including: (i) taking all reasonable precautions to ensure no one finds out your PIN, including while you key-in your PIN at an ABM or at a merchant with a chip-enabled terminal; and (ii) avoiding such PIN combinations that may be easily determined by others (e.g. – birthdays, phone numbers, age, SIN, etc.). You should memorize your PIN rather than keep a written record of it. If you decide to keep a written record of it, you agree to: (i) keep your PIN in a safe place and separate from the Hudson’s Bay MasterCard; and (ii) disguise your PIN from the written record you make. If you suspect that someone else knows your PIN, you must call us toll-free at 1-866-640-7858 or collect at 1-513-770-3782 to change your PIN.
(i) Account Acceptance: You agree that we are not responsible if anyone refuses to honour your Account. You can use your Card and/or account Access Cheques wherever they’re accepted to buy goods and services, except in Cuba, Iran, Myanmar (Burma) or Sudan. You can use your Card at financial institutions that accept it to obtain Cash Advances for buying goods and services, except in Cuba, Iran, Myanmar (Burma) or Sudan. Any time your Card, Card number, PIN or an account Access Cheque is used to make a Purchase or Balance Transfer or to get a Cash Advance, you incur debt to us which has to be repaid. Debt also includes any account fees or other charges. You also incur debt to us if your Card is used after its expiry date or if your Card is used after your Account is closed.
4. HOW WE CALCULATE INTEREST:
(a) Different Interest Rates: We calculate interest charges separately for Purchases, Cash Advances, Balance Transfers and Special Payment Plans. The Annual Interest Rate may sometimes be referred to as “AIR”.
If you receive a Hudson’s Bay MasterCard, please note that for the purpose of calculating finance charges on your Account, in your first billing cycle (the approximate 30 day period until you receive your monthly statement for that billing cycle), your initial interest rate (“Initial Interest Rate”) for Purchases and Cash Advances will be 29.9%. Further, unless you trigger a lower interest rate as set out below, the Initial Interest Rate will be used to calculate any applicable finance charges for any Purchases or Cash Advances made on your Account on subsequent billing cycles as well.
You can trigger the lower interest rate on your Hudson’s Bay MasterCard when, in any billing cycle, you: (a) make a Purchase on your Account outside of Hudson’s Bay, thebay.com, Home Outfitters, Zellers or any of their partners, and do not return the item purchased in that billing cycle; or (b) take a Cash Advance, as permitted, on your Account (excluding Quick Cash).
When this happens (except during the Cure Period), your Interest Rate will cease to be the Initial Interest Rate effective at the end of that billing cycle and instead will be the Standard Rate, which will then apply to calculating finance charges on all existing Account balances and subsequent Purchases and Cash Advances made on the Account. If the trigger occurs during the Cure Period, effective the beginning of the 1st billing period after the Cure Period your Interest Rate will be the Standard Rate, which will then apply to calculating finance charges on all existing Account balances and subsequent Purchases and Cash Advances made on the Account.
(b) Purchase Balance (non-Quebec): Outside of Quebec, the Purchase balance subject to finance charges is calculated by using a “Daily Purchase Balance”. No finance charges for new Purchases are assessed for each billing period where: (a) all transactions made during the billing period are paid by the due date on the Statement for that billing period (the due date is at least 21 days from the Statement date (the “Grace Period”)); and either (b) the outstanding balance at the beginning of the billing period is zero, or (c) the outstanding balance at the beginning of the billing period is paid by the due date. To determine the Opening Daily Purchase Balance, we use the Daily Purchase Balance at the beginning of each day during the monthly billing period and subtract from such balance all Purchase payments or credits received during such day. We do not add new Purchases made during the current billing period. We then multiply the Daily Purchase Balance by the applicable daily periodic rate for Purchases (applicable AIR divided by 365 days) to obtain a Purchase finance charge for that day, and add it to the Daily Purchase Balance. The Daily Purchase Balance plus any Purchase finance charges that accrued during that day constitute the Opening Purchase Balance for the following day. At the end of the billing period, we add the Purchase finance charges that accrued each day to get the total Purchase finance charges for the billing period. If you do not pay the new regular balance for the current period by your Statement due date, we will calculate finance charges on new Purchases made in the current period from the transaction date and add these charges to the next billing period. The new regular balance is your New Total Account Balance, minus any remaining Special Payment Plan balance, other than the regular payable amounts already due as part of the Special Payment Plan program.
Purchase Balance (Quebec): In Quebec, the Purchase Balance subject to finance charges is calculated by using an “Average Daily Purchase Balance.” No finance charges for new Purchases are assessed for each billing period where: (a) all transactions made during the billing period are paid by the due date on the Statement for that billing period; and either (b) the outstanding balance at the beginning of the billing period is zero, or (c) the outstanding balance at the beginning of the billing period is paid by the due date. To determine the Average Daily Purchase Balance, we use the Daily Purchase Balance at the beginning of each day during the monthly billing period and subtract from such balance all Purchase payments or credits received during such day. We do not add new Purchases made during the current billing period. The Daily Purchase Balance is thus obtained. We then add up all of the Daily Purchase Balances during the billing period and divide the total by the number of days in such period to obtain the Average Daily Purchase Balance. Monthly Purchase finance charges are calculated by multiplying the Average Daily Purchase Balance by the nominal annual interest rate for Purchases and then multiplying this amount by the number of days in the billing period divided by 365.
(c) Cash Advances and Balance Transfers (non-Quebec): To determine the Cash Advance Balance subject to a periodic finance charge for Cash Advances, we take the prior day’s Cash Advance Balance of your Account, which includes any unpaid periodic finance charges on your Cash Advance Balance, and add any new Cash Advances, Transaction Fees for Cash Advances and periodic finance charges on your Cash Advance Balance for that day and subtract any payments and other credits applied to your Cash Advance Balance that day. This gives us the “Cash Advance Daily Balance” of the Account. Any Cash Advance Daily Balance of less than zero will be treated as zero. We then multiply the Cash Advance Daily Balance by the applicable daily periodic rate for Cash Advances (applicable AIR divided by 365 days) to obtain the periodic finance charges on your Cash Advance Balance for that day. Cash Advances, Transaction Fees for Cash Advances and other related charges will accrue a periodic finance charge from the later of the transaction date or the first day of the billing period in which the Cash Advance is posted to your Account. There is no period within which you can avoid finance charges on Cash Advances. The same method is used to calculate interest on Balance Transfers.
Cash Advance and Balance Transfers (Quebec): In Quebec, the Cash Advance Balance is subject to finance charges calculated by using an “Average Daily Cash Advance Balance”. To determine the Average Daily Cash Advance Balance, we use the Daily Cash Advance Balance at the beginning of each day during the monthly billing period and subtract from such balance all Cash Advance payments or credits received during such day. We do add new Cash Advances made during the current billing period. There is no period within which you can avoid finance charges on Cash Advances. The Daily Cash Advance Balance is thus obtained. We then add up all of the Daily Cash Advance Balances during the billing period and divide the total by the number of days in such period to obtain the Average Daily Cash Advance Balance. Monthly Cash Advance finance charges are calculated by multiplying the Average Daily Cash Advance Balance by the nominal annual interest rate for Cash Advances and then multiplying this amount by the number of days in the billing period divided by 365. The same method is used to calculate interest on Balance Transfers.
(d) Special Payment Plans: From time to time, you may be offered Special Payment Plan terms which modify the terms of this Agreement with respect to certain Purchases and/or Cash Advances on your Account. The provisions of this Agreement apply to any such Special Payment Plan, unless otherwise provided in this Agreement or under the Special Payment Plan offering. All the terms specific to the Special Payment Plans are in effect until the Special Payment Plan due date outlined on your Statement, but standard credit terms will apply to any remaining Special Payment Plan balance after the due date of each Special Payment Plan period or upon termination of the Special Payment Plan terms.
5. ADDITIONAL FEES:
You agree to pay the following fees:
(a) Overlimit Fee: An Overlimit Fee may be assessed for each billing period in which your New Total Account Balance as shown on your Statement exceeds your Credit Limit. We may assess an Overlimit Fee even if we authorize the transaction(s) on your Account that caused you to exceed your Credit Limit, or if you exceed your Credit Limit as a result of finance charges or other fees.
(b) NSF/Returned Cheque Fee: A Returned Cheque Fee may be charged if any cheque or other instrument sent to us, or any electronic payment authorization you provide us for payment on your Account is not honoured upon first presentment even if the cheque, instrument or electronic payment authorization is later honoured.
(c) Cash Advance Transaction Fee: A Transaction Fee for each Cash Advance that posts to your Account may be charged. For ABM Cash Advances, the amount of the Cash Advance may include a surcharge that the ABM owner imposes.
(d) Replacement Statement Copy Fee: A Statement Copy Fee may be charged for each duplicate Statement requested by you.
(e) Transaction Receipt Copy Fee: A Transaction Receipt Copy Fee may be charged for each duplicate transaction receipt requested by you.
(f) Balance Transfer Fee: A Balance Transfer Fee for each Balance Transfer that posts to your Account may be charged.
The fee amounts and when they are applied are disclosed to you in the Summary of Key Terms provided to you from time to time including with this Agreement.
6. FOREIGN CURRENCY CONVERSION:
A Foreign Currency Conversion charge may be assessed on each Purchase or Cash Advance made in a foreign currency. Please note that where a transaction is made in a foreign currency, the transaction will be converted into a Canadian dollar amount in accordance with operating regulations and conversion procedures in effect at the time the transaction is processed. Currently, these regulations and procedures (which are subject to change) provide that the currency conversion rate used is no greater than the higher of: (1) the interbank conversion rate identified on the processing date; or (2) the government-mandated rate, in effect on the processing date or on the previous business day. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date, and the Foreign Currency Conversion charge will apply to the converted amount.
7. WHAT YOU MUST PAY EACH MONTH AND HOW WE ALLOCATE YOUR PAYMENTS:
(a) Minimum Payments: You must pay at least the Total Minimum Payment by the Payment due date shown on the Statement. If the Payment due date falls on a weekend or holiday, we will consider your payment made on the next business day as made on time. You may pay more than the Total Minimum Payment at any time. Your Total Minimum Payment will be the sum of: (A) the greater of $10 or 1% of the New Total Account Balance minus any credit insurance charges, minus any remaining Special Payment Plan balance; plus (B) any finance charges; plus (C) any past due amounts and any credit insurance charges; plus (D) any monthly payment under a Special Payment Plan, if applicable. The sum of (A), (B), (C) and (D) will be rounded up to the next whole dollar. If your total balance is less than the minimum payment calculation, then your minimum payment is equal to your total balance. The billing period covered by each Statement is approximately 30 days.
(b) Disputed Payments: If you write us concerning a disputed amount and include any cheque or other payment instrument that: (1) indicates that the payment constitutes “payment in full” or is tendered as full satisfaction of a disputed amount; or (2) is tendered with other conditions or limitations (“Disputed Payments”), you will mail or deliver such material to us at the address for billing inquiries shown on your Statement.
(c) Delivery of Payments: All payments, except Disputed Payments, must be mailed or delivered to us at the address shown on your Statement or as otherwise permitted and set out on your Statement (the “Payment Options”). You understand, however, that payments may not be made, and may not be deemed received by us, if not made in accordance with the Payment Options. Any payments received after business hours on any business day, or on any day other than a business day, will be credited on the next business day. Although we credit your payments in the manner described above, we may delay restoring credit available on your Account in the amount of your payment. All credits for payments to your Account are subject to final payment by the institution on which the item was drawn.
(d) Payment Allocation: Unless we notify you otherwise, we will allocate your payments in the order set out below. Allocation may vary with the type of transactions you make, such as Special Payment Plan or non-Special Payment Plan Purchases and the timing and amount of your payments.
Specifically, we will allocate your Minimum Payment in the following order:
1. Finance charges.
3. Required monthly payment under a Special Payment Plan, if applicable.
4. Balance Transfers.
5. Cash Advances.
Further, we will allocate any payment amount in excess of your Minimum Payment to any remaining balance in order of highest to lowest AIR.
8. HOW YOU COULD BE IN DEFAULT OF THIS AGREEMENT:
We may declare you in default if you:
(a) fail to make at least the Total Minimum Payment when due;
(b) violate any other term of this Agreement;
(c) become the subject of a bankruptcy or insolvency proceeding;
(d) default under any agreement that you have with us; or
After your default or death, and subject to the limitations of applicable law, we may:
- (i) reduce the Credit Limit or Cash Advance Limit on your Account, or impose greater Quick Cash Restrictions;
- (ii) terminate your Account;
- (iii) require immediate payment of your entire Account balance;
- (iv) terminate any Special Payment Plan and convert any balance on such Special Payment Plan to the standard terms and conditions of the Account;
- (v) bring an action to collect all amounts owed; and/or
- (vi) take any action allowed by law. If, after your default or death, we refer your Account for collection to a lawyer who is not our salaried employee, you will pay, to the extent permitted by applicable law, our collection costs, including court costs and legal fees.
9. MISCELLANEOUS LEGAL:
(a) Waiver: We may, in our sole discretion, choose not to exercise any right under this Agreement, including the right to impose the full amount of any charge, without waiving that right. Any waiver of a right by us must be in writing and signed by us. You understand and agree that your obligation to pay all amounts owing under this Agreement and otherwise to perform the terms and conditions of this Agreement are absolute and unconditional.
(b) Governing Law: This Agreement and your Account, and any claim, dispute or controversy arising from or relating to this Agreement or your Account, whether based on contract, tort, fraud and other intentional torts, statute, common law and/or equity, are governed by and construed in accordance with the laws of the province or territory where you reside. The legality, enforceability and interpretation of this Agreement and the amounts contracted for, charged and received under this Agreement will be governed by such laws. This Agreement is entered into between you and us in Canada. We make decisions about granting credit to you from, and extend credit to you under this Agreement from, Montreal or Toronto.
(c) Assignment: We may sell, assign or transfer any of our rights or obligations under this Agreement or your Account, including our rights to payments, without prior notice to you. You may not sell, assign or transfer any of your rights or obligations under this Agreement or your Account.
(d) Severability: If any provision of this Agreement is determined to be void or unenforceable under applicable law, all other provisions of this Agreement shall still be valid and enforceable.
(e) Entire Agreement: This Agreement, together with any application you signed or otherwise submitted in connection with the Account (which is hereby incorporated by reference in this Agreement), constitutes the entire Agreement between you and us relating to your Account and supersedes any other prior or contemporaneous agreement between you and us relating to your Account. This Agreement may not be amended except in accordance with the provisions of this Agreement. Your signature on the application or sales slip for the initial purchase approved on this Account represents your signature on this Agreement and is incorporated here by reference.
(f) Hudson’s Bay Rewards: Hudson’s Bay Rewards† is a program owned and operated by Hudson’s Bay Company. For complete Hudson’s Bay Rewards program terms and conditions, visit www.hbcrewards.com/termsandconditions. The information on your statement regarding the Hudson’s Bay Rewards points you earned and the Hudson’s Bay Rewards program in general is provided on behalf of Hudson’s Bay Company. We are not responsible for errors and have no other liability for the Hudson’s Bay Rewards program. For inquiries regarding the Hudson’s Bay Rewards program, you can visit the program website, call Hudson’s Bay Rewards Customer Service at 1-800-844-8131, or visit a store.
- End of Account Agreement -
CAPITAL ONE PRIVACY STATEMENT
What Is Personal Information?
Personal information is any information that can identify you.
We respect your privacy. Not only do we respect it, but we also protect it. We collect and provide your information as required for the standard operation of our business and as required by law. We may also release your information to third parties, including service providers (such as the printers of our account statements), credit reporting agencies (like TransUnion and Equifax), and our own affiliates and co-branding partners for co-branded credit cards. These companies must first meet our rigorous privacy standards before we partner with them to do business for you.
Your Privacy Choices And How To Contact Us
We will not add your name to third-party marketing campaigns for the first 30 days after the opening of your Account to give you an opportunity to make your privacy choice known to us.
You can choose to opt out of having your information used for secondary marketing purposes by calling one of our Customer Service representatives at 1-800-263-2599 for your Hudson’s Bay MasterCard or your Hudson’s Bay Credit Card (the “Card”).
To contact our Privacy Officer for any other reason, please write to:
Attention: Privacy Officer
Capital One Canada
P.O. Box 508, Scarborough Stn. D
Scarborough, ON M1R 5L6
If you believe that the information we have about you is not as accurate or complete as it could be, please get in touch using the contact information listed above so we can update your information.
Access To Personal Information About You
You may request access to the personal information we collect about you. We will answer your inquiry and/or provide you with access to this information, subject to certain considerations specified by law. To request access to your personal information in our possession, write to us at:
Attention: Privacy Officer
Capital One Canada
P.O. Box 508, Scarborough Stn. D
Scarborough, ON M1R 5L6
Confidentiality And Security
We have physical security (access in buildings), electronic protection (encryption) and safe business practices (customer authentication when you call us) to prevent identity theft. We restrict access to your personal information to those who need to have it to provide products or services to you. We use other companies to provide services for us such as marketing, advertising and credit card embossing, but select these companies carefully and require them to keep the information we share with them safe and secure. We do not allow them to use or share information for any purpose other than the job they are hired to do.
Information We Collect
Consumers. We may collect information about consumers who are not our current customers, so we can develop our products and services. Sometimes this information comes from lists like the telephone book. When a consumer applies to be our customer, we collect the information given during the application process (such as the consumer’s name, address, telephone number and date of birth).
Customers. When you are a customer, we collect and store information to help us verify the effectiveness of our products and services, to monitor your usage and to better tailor our services to your needs and interests. We collect information about your transactions, including Purchases, account balances, fees, payment history, parties to transactions and credit card usage. We may collect information from credit reporting agencies and other outside sources to verify financial information about you, such as your employment and credit history.
Website Visits. When you visit our website, we may collect information about your use of our products and services, which is captured in a common log file format, including your Internet Protocol (“IP”) address and operating system, the date and time of your visit and information about the pages you visit while on our website. To assist us in collecting information when you visit us online, we may use electronic technologies such as cookies (small computer files saved to your computer’s hard drive) which help us understand what parts of our products and services you find most useful. You can reject cookies, but sometimes this compromises the functionality of the product or service.
Use Of Information
We want you to understand why we collect and use information about you and how this can benefit you. By knowing more about our customers, we and our business partners can provide specialized products that may be of interest to you and your family. We collect and use information about consumers and customers so we or our service vendors (whether engaged by or on behalf of us or any of our assignees) can use it in the following ways:
- (i) To open, maintain, service, process, analyze, survey, audit and collect on your Account;
- (ii) To verify your identity and creditworthiness;
- (iii) To protect you from identity theft, fraud and unauthorized access to your account;
- (iv) To share application and transaction information with consumer reporting agencies and other parties who have financial, employment or business dealings with you;
- (v) To determine your eligibility, administer and contact you for the purposes of marketing, promotions, rewards programs, research or contests; and
- (vi) To use for any purpose required by law.
This information may also be shared with any person or entity to which we have assigned or transferred an interest in your Account, any debt or interest due, or any of our rights or obligations under any agreement with you (including any subsequent assignee). We may also use your information to respond to your questions or to contact you in order to notify you of functional changes to our website or to our products and services. If you choose to contact us, we may retain your email address, the content of your communication and our response.
We may contact you by email using the email address you provided for special offers or standard service messages. To ensure your security, we will not include sensitive information in an email such as your full 16-digit account number, date of birth, Social Insurance Number (if provided) or account balance.
In the event that a service vendor is located outside of Canada, such as in the U.S., the information on file for you or an authorized user (as set out below) may be processed and stored outside Canada, and foreign governments, courts of law enforcement or regulatory agencies may be able to obtain disclosure of this information. We may, at any time, sell, transfer or assign any or all of our rights to our Canadian business including your Account and if we do so, we may share information concerning you and any authorized user with prospective purchasers, transferees or assignees. We may also, at any time, sell, transfer or assign any or all of our rights under this Agreement and if we do so, we may share information concerning you and any authorized user with prospective purchasers, transferees or assignees.
Capital One and any assignees may use any method to contact you (including mail, telephone and email) using your contact information unless you have opted out of a particular channel. Further, and unless you tell us otherwise, you also authorize Capital One to contact you by telephone by way of an Automatic Dialing Announcing Device at the number indicated on your application form.
Even when you have opted out, we may still be required to contact you when legal reasons (for example, we may use mail to send you disclosures) or business needs (for example, to alert you if there has been fraud on your Account) override the conditions of the opt-out.
Sharing Of Information
Service Vendors and Credit Reporting Agencies. We may share information with our service vendors (statement printing), service providers (MasterCard® International) and credit reporting agencies (TransUnion and Equifax) for the purposes described above in Use Of Information.
Hudson’s Bay Company. When you apply for and maintain a Card, you authorize us to disclose your personal information to Hudson’s Bay Company and its affiliates for the purposes of maintaining your Card account and establishing and administering your Hudson’s Bay Rewards account. Unless you tell us otherwise, we may also share information with Hudson’s Bay Company for the purpose of offering or communicating with you about promotional offers or other products and services.
Assignees. We may, at any time, sell, transfer or assign any or all of our interests, rights or obligations with respect to your Account with us. If we do so, we can share your personal information with prospective purchasers, transferees or assignees.
Other Third Parties. We may share with carefully selected business partners information we collect about our customers, former customers and withdrawn or declined applicants, such as name, street address, email address and telephone number, for the purpose of determining the eligibility of customers and consumers for valuable products and services (such as credit balance insurance and credit report monitoring) offered by us or our business partners. We may share customer information with other parties who have financial, employment or business dealings with you. If you give us your Social Insurance Number, we may use it to identify you with credit reporting agencies and other parties, and we may keep it along with other information about you in our records, even after your Account is closed to use for the purposes stated above. We ensure that any third party is bound to respect your privacy rights in the same way that we are.
Authorized user means an individual who, according to our records, was identified as such as part of the application or an individual who was subsequently added as an authorized user on the Account. We or our service vendors (whether engaged by or on behalf of us or any of our assignees) may collect, use and disclose personal information of authorized users such as name and details of their transactions to: open, maintain, service, process, analyze, audit and collect on the Account (notwithstanding that authorized users will not be held liable for the Account); protect the Account from identity theft, fraud and unauthorized access; and for any purpose required by law. All information on file for authorized users may be disclosed to you.
If you apply for credit, or by communicating or providing information to us in any other way, you acknowledge your consent for personal information collection, protection, use, disclosure and retention as set out herein. Subject to legal and contractual restrictions, you may withdraw your consent at any time after your Account has been opened with reasonable notice.
If at some point we want to use your personal information for any purpose other than the ones specified, we will inform you before using the information for this new purpose. We may inform you by posting a notice to our website or by communicating with you directly.
HUDSON’S BAY PRIVACY STATEMENT
The Hudson’s Bay MasterCard and the Hudson’s Bay Credit Card (as applicable, the “Card”) are provided and administered by Capital One Bank (Canada Branch) (“Capital One”) and endorsed by Hudson’s Bay Company and its affiliates. When you have a Hudson’s Bay MasterCard or a Hudson’s Bay Credit Card, you have a relationship with both Hudson’s Bay Company and Capital One.
When you apply for, obtain or use a Card, personal information about you (“Your Information”) is collected, used, disclosed and maintained by each of Capital One and Hudson’s Bay Company for certain purposes. You should refer to the Capital One Privacy Statement set out above for information about Capital One practices regarding Your Information.
Hudson’s Bay Company collects and uses Your Information in order to provide you with goods and services, to comply with legal and regulatory requirements, and as otherwise permitted by applicable law. Hudson’s Bay Company may also share Your Information with Capital One in connection with the maintenance of your Card account. Where Your Information relates to your Hudson’s Bay Rewards account, Hudson’s Bay Company also collects and uses it to establish and administer your Hudson’s Bay Rewards account.
Optional Use and Disclosure of Your Personal Information
Hudson’s Bay Company or other organizations with which Hudson’s Bay Company has marketing arrangements, including Capital One, may have access to Your Information and may use it for the additional purposes of offering or communicating with you about promotional offers or other products and services. These communications may include notifications of sales, special events, store promotions and exclusive offers. Such communications from Hudson’s Bay Company may be sent by mail, fax or electronically, including by email, text or sound messages, and may be sent by telephone by way of an Automatic Dialing Announcing Device at the number indicated on your Card application. Your consent to the access to and use of Your Information for these additional marketing purposes is optional and not required as a condition of obtaining or using your Card. If you do not wish your information to be accessed or used for these additional purposes, please contact the Hudson’s Bay Privacy Office at 1-866-225-8251, email us at firstname.lastname@example.org or write to Hudson’s Bay Privacy Office, P.O. Box 4135, Station A, Toronto, ON M5W 3B7. You also have the right to request to review the personal information that Hudson’s Bay Company has about you on file by contacting Hudson’s Bay Company, in writing, at the address above.
For more information about the Hudson’s Bay Privacy Statement, please visit www.hbc.ca/privacy or contact the Hudson’s Bay Privacy Office.
† Hudson’s Bay Co., HBC, Hudson’s Bay, Hudson’s Bay Rewards, Home Outfitters and their associated designs are trademarks of Hudson’s Bay Company.
Credit is extended by Capital One®.
© 2013 Capital One. Capital One is a registered trademark. MasterCard and the MasterCard Brand Mark are registered trademarks of MasterCard International Incorporated. All trademarks used herein are owned by the respective entities. All rights reserved.