Curve app and just wow

So I have the Curve app on my phone, starting signing up when Curve first launched but never used it and never completed sign up.

Yesterday I decided to look at the app, see if its changed much. Open the app, get the you have to agree to the new terms and conditions. So I did.

30 seconds later an email, here are your new AXA Insurance details!

So apparently despite not having a Curve card, not ever ordering one, by just logging into the app and accepting the new terms and conditions I now have a Curve subscription, however in app there is nothing about a card or subscription.

Seriously I can’t believe they subscribe you just by agreeing to terms in the app when you don’t even use them. That’s really dodgy, I’m going to seriously have to look at my options, because there is no way that can be legal, I don’t want to use Curve I was just interested to see the options.

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Sounds like your on their new black trial.

When you started your sign up process orginally did you select Black or Blue?

Who knows it was last year sometime

I remember now, it was metal and a wallet, but the code didn’t work, and I didn’t think the wallet was worth £50 so never went ahead with it.

However there is no card showing as active, I can’t even see what package I’m on apparently.

What a bad app.

It certainly seems beyond dodgy that they do this, as this you say.

Also misselling claims waiting to happen. Aren’t they supposed to check at least superficially if the one buying insurance is going to be covered by it, before they sell it? At least mention the major exclusions?

I’m also convinced that their data sharing is legally on very shaky ground at least:

  1. Their view is that because I had agreed to their privacy policy I had agreed to them sharing their data. I do not share this view. Under GDPR consent needs to be explicit and optional. Consent cannot be “buried” in some terms or policy. And, crucially, consent needs to be optional. You must give your customers a real option to say “no” other than “don’t use our services at all if you are unhappy”. I do think that this process does not comply with consent requirements under the GDPR (I’m honestly assuming that should you take legal action their lawyers are going to take the approach that that person was misinformed, and the legal basis for processing data was actually a contract.)
  2. They had classified the insurance as “integration”. That’s sketchy at best. It’s difficult to tell for sure, though, as I haven’t found a copy of the privacy policy that I allegedly agreed to anywhere.

Ultimately for myself I have decided I have better things to do with my life and am carrying on, but if I had the time I would definitely investigate further and potentially take it up with the ICO for sharing my data, as well as any relevant bodies for “selling” insurance to me without so much as any notice. Sadly I wouldn’t even know who the “relevant bodies” are for that.

And, yes, the app is absolutely crap!

GDPR actually states that you must ask for specific consent for things that aren’t a core part of your product. They also don’t have to provide a way to opt-out of it, that’s a recommendation. Again, if it were required, they could argue its a core part of the product.

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If we are getting technical, I’ve never signed up for a Curve card, thus I’ve never agreed to it, I stopped my registration when it came to paying the £50 and that was last year.

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You accepted the new terms and conditions. Should have read it before accepting.

Yes the app terms, no where did it mention insurance.

The app terms should be the same terms on the website.

  • 4.9. Curve will provide you with AXA insurance that will be issued to you on the date that your Curve Black Service starts. The insurance provided will terminate at 23:59 GMT on the day your Curve Black Subscription terminates. Curve will not be responsible for any claims or losses.

So if you originally signed up for Curve Black, you have the insurance.

Not sure what you are reading, but I don’t have a Curve card, never ever went ahead with purchasing or subscribing to Curve. I only have the app and nothing else.

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I didn’t sign up to anything, I’ve said that many times.

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In UK law there are a few very specific edge cases where consent can be a legal basis for processing data if its also a precondition for using the service. These are extremely rare, and I do not believe they apply here.

Either way, consent needs to be explicit, specific, and cannot be buried in the term and conditions.

I imagine they’ll take a different view…

Curve’s view is irrelevant, FCA rules are clear about how things need to be clear with financial contracts.

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I believe as far as GDPR regulations apply, they do.

As I mentioned, if they come with the service and are a precondition of its use (like Curve don’t have to offer you the Black or Metal tiers if you don’t want insurance) they’re perfectly within their right to include it in ToS early.

I think your better option would be to challenge them on FCA regulations, which are tighter than normal law.

I was sent an insurance document but have never given Curve any card details. God knows if I’m actually insured, but some people must be assuming they are.

This is debatable, so I’ll just leave it here, that I don’t agree.

No. That’s factually incorrect. Not if you use consent as a basis.

I think my issue is more than anything, I am insured apparently, but Curve don’t have any way of charging me, so what would happen, would AXA then blacklist me if they did Curve would be liable as I didn’t agree to take out a product with Curve let alone a product with AXA, fighting an insurance black list would be a nightmare.

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How does it work with multiple insurance policies. Say you already had annual travel insurance from allianz. Could they and AXA fight over who would pay you out? This could leave a lot of people in a tricky situation

Not sure there is any law limiting how many insurances you can hold, but you would only be able to claim from one unless the terms allow otherwise. Not sure why you would pay for more than one though. Insurance isn’t my thing, so don’t take any of that as how it works lol