Acceptable Use Policy

CLEAR operates an ‘Acceptable Use Policy’ that governs the permitted use of our Services as part of our Terms and Conditions.

If you do not comply with this Policy, access to the Services may be removed without notice and you may be refused further access to the Services.

CLEAR shall at its sole discretion decide whether your use of the Services shall be deemed in breach of this policy, and therefore not in accordance with CLEAR’s Terms and Conditions.

 

General Principles

CLEAR will not engage with any businesses that we believe:

  1. poses elevated financial risk, legal liability, or violates card network or bank policies;
  2. engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property;
  • engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic.
  1. have unfair, predatory, or deceptive practices;
  2. receive payment for goods and/or services that: are prohibited by law; are listed in the card network policies or, at CLEAR’s sole discretion, are otherwise doubtful from a risk, compliance or reputational perspective.

 

Prohibited Activity Types and Restricted / High-Risk Activity Types

 

In addition to the General Principles listed above, CLEAR specifically prohibits, or has additional Terms & Conditions associated with the Activity Types listed below.

 

These restrictions are, in part, imposed by our business partners and UK and International law.

 

We do our best to keep this list up to date; however, as legislation and card network rules change quickly, this list may need to be updated without prior notice.

 

The list below is made up of two sections:

 

  • Prohibited Activity Types: These types of activities are strictly prohibited. CLEAR reserves the right to refuse you access to the Services, or remove your access to the Services without prior notice, should there be proof or suspicion that you are engaged in any of these types of activities.
  • Restricted / High-Rick Activity Types: These types of activities are only allowed if certain criteria are met, or may be subject to enhanced policy or procedural measures at CLEAR’s discretion.

 

Prohibited Activity Types
General Business Type Definition
Adoption agencies – for profit Agencies that take payment for the placement of infants with adoptive parents.
Adult Entertainment (videos/Live Chatting / Live Streaming) Any related activities (requires Visa GBPP license and Mastercard Registration Programme)
Airline Travel Related Services and Cruise Operators Related services
All Aggregation Type of Business Merchants that provide services to retailers that are not disclosed to CLEAR. (Hidden websites). Aggregation is not accepted business model by the Schemes.
Animals and regulated species Animal parts, blood, or fluids; noxious weeds; prohibited seeds; plants or other organisms (including product derivatives) in danger of extinction or whose trade is otherwise regulated by law
Any services providing peripheral support of illegal activities Any legal services that promote, directly or indirectly, illegal activities.
Bail bondsmen Merchants that post bail to the court system as security for the appearance of the arraigned individual.
Bitcoin / Cryptocurrencies Reference should be made to CLEAR Bitcoin Policy
Body guards and private detectives Any merchants providing body guard and private detective services.
Bulk marketing tools Email lists and products which are specifically used to enable unsolicited email messages (spam)
Charitable institutions that are not audited by a reputable audit firm or process MOTO only. Reputable audit firms are to be determined
Check cashing institutions The purchase of foreign currency, money orders, travellers checks or money transfer.
Check cashing Institutions/currency exchanges Merchants involved in the funding of an account, the purchase of foreign currency, money orders, travellers’ cheques or transferring of value to a stored card value occurring at non- financial institutions such as currency exchanges, money order merchants and hotels.
Child pornography and bestiality Any related activities.
Contact Lenses (shipping to US) Online selling of contact lenses shipping to US or other offence countries (MCC 8043 / 8044)
Copyright media and software Unauthorized copies of books, music, movies, and other licensed or protected materials including copies without proper attribution; and unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
Counterfeit and unauthorized goods Replicas or imitations of designer or other goods; items without a celebrity endorsement that would normally require such an association; fake autographs; currency; stamps; tickets; other potentially unauthorized goods
Devices or techniques for unlocking technical protection measures Mod chips or other devices for circumventing technical protection measures on digital devices, including for unlocking iPhones
Digital Content of an adult nature or adult audio text/chat Any merchants that provide one or more audiotext or videotext services that can be accessed via phone, fax or even an open network such as the internet. Services are provided for a fee and include adult chat or digital entertainment, audio text or videotext services that consumers listen to, view, or participate in (requires Visa GBPP License and MasterCard Registration Programme)
Direct Marketing (Inbound and Outbound) Telemarketing Merchants MCC 5966 and 5967 Any related activities (requires Visa GBPP license and Mastercard Registration Programme)
Drug paraphernalia Any business whose products are solely intended for aiding the consumption of illegal drugs.
Escort services Any merchants providing escort services.
Fortune tellers Includes fortune tellers, tarot card readers and mystics.
Government IDs, documents, or uniforms, visa document applications, Government application forms without any affiliation to the Authorities or Entities they represent Including but not limited to government issued IDs, passports, diplomas, noble titles, and uniforms, except if sold by an authorized government agency or by a supplier accredited by an authorized government agency. This includes business models where application submissions are done on the customer’s behalf in services such as, passport applications, health insurance forms, etc.
Gun sales over the Internet Any sale of firearms over the Internet.
Hacking and cracking materials Manuals, how-to guides, information, or equipment that violate the law by damaging or enabling unlawful access to software, servers, websites, or other protected property
Human parts Organs or other body parts; body fluids; stem cells; embryos
Illegal telecommunications equipment Devices intended to obtain cable and satellite signals for free, cable descramblers and black boxes, access cards, access card programmers and unloopers, unlawful tools or products to modify cellular telephones, and other equipment deemed unlawful by the Federal Communications Commission (FCC) or other competent regulatory body in the country in which the goods are offered for sale
Illegal/Stolen goods Materials, products, or information promoting illegal goods or enabling illegal acts; goods you do not own or have the right to sell; goods produced in violation of a third party’s rights; smuggled goods and goods in violation of export, import or labelling restrictions; motor vehicles subject to transfer restriction; goods recorded on public registers (such as real estate) and whose transfer requires formalities that cannot be legally completed online
Initial coin offering (ICO) Unregulated Unregulated crowdfunding via use of cryptocurrency to source start-up companies
Jamming equipment Merchants offering “cell jammers” or similar devices designed to block communications and create a “quiet zone” in vehicles, schools, theatres, restaurants, and other places.
Lotto Syndicates with US held Lotto Tickets Lotto Syndicate or Lotto messenger providing US Lotto tickets
Massage parlours Any merchant providing massage parlour services.
Miracle cures Unsubstantiated cures, remedies or other items marketed as quick health fixes
Multi-level marketing (also known as Pyramid Schemes) Marketing activities in which the sales force is compensated not only for sales they personally generate, but also for the sales of others they recruit, creating a down line of distributors and a hierarchy of multiple levels of compensation. Includes cases where multiple levels of workers are earning money from one another with no real product or a questionable product to sell.
Multiple websites selling same products/services (Mirror websites) Merchants that distribute transactions between or among Merchant ID numbers in order to avoid minimum thresholds. (Load Balancing)
Non-licensed counselling centres Non-licensed merchants that provide a variety of counselling services such as debt and financial counselling, marriage and family counselling, alcohol and drug abuse counselling and other personal counselling.
Offensive goods, crime Crime scene photos or items, such as personal belongings, associated with criminals or a criminal act
Passport and Visa Agencies Any other Related Services
Payment Protection Insurance (PPI) Also known as credit insurance, credit protection insurance, or loan repayment insurance, is an insurance product that enables consumers to ensure repayment of credit if the borrower dies, becomes ill or disabled, loses a job etc. PPI with upfront fee are prohibited.
Pharmaceuticals (MCC 5122/5912) Any controlled drugs. (requires Visa GBPP License and MasterCard Registration Programme)
Protected cultural items and artefacts Material covered by the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or otherwise restricted by law from sale, export or transfer; Artefacts, cave formations (speleothems, stalactites, and stalagmites) and grave-related items that are protected under federal laws, such as The Federal Cave Resources Protection Act of 1988, and the Native American Grave Protection and Repatriation Act
Pyrotechnic devices and hazardous materials Fireworks and related goods; toxic, flammable, and radioactive materials and substances; gunpowder; explosives
Tobacco Sellers – Cigars Stores and Stands (MCC 5993) Retailers that sell tobacco, cigarettes, pipes and smokers supplies. (requires Visa GBPP License and MasterCard Registration Programme)
Timeshare Merchants that sell, lease and rent timeshare real estate and arrange timeshare condominium exchanges.
Traffic devices Radar jammers, license plate covers, traffic signal changers, and related products
Travel Related Arrangement Services (MCC 5962) Any related services (requires Visa GBPP License and MasterCard Registration Programme)
Unlawful internet gaming and gambling The provision of internet gaming and gambling services that are not adequately licensed for the type of service being given.
Property Prize Competition Selling of property in a prize competition

 

Restricted / High-Risk Activity Types
General Business Type Definition
Auction houses Sales via an auction format of antiques, fine arts and premium collectables to dealers, private buyers, museums and other institutions.
Accommodations
Holiday Inns Any other Related Services
Hotels Any other Related Services
Computer hardware and software sales, maintenance and repair Merchants that sell, service computer hardware and programming software services for personal and business use.
Computer network or information services Merchants that provide electronic bulletin board access or online services via computers. A bulletin board system, or BBS, is a computer system running software that allows users to connect and log in to the system using a terminal program. Once logged in, a user can perform functions such as uploading and downloading software and data, reading news and bulletins, and exchanging messages with other users, either through email or in public message boards.
Computer programming, data processing and integrated systems design services Merchants that provide computer programming services, system design and data processing services on a contract or fee basis. They provide a variety of services such as computer software design and analysis, software or system modification, data entry or data processing and training in the use of custom software.
Conference/large event organizers Merchants that organize conferences or other events which usually attract a large customer attendance, for example, concerts.
Direct marketing Catalogue merchants also operating retail outlets, merchants who sell subscription products or services via direct mail, or direct response methods.
Direct Marketing of travel related services Companies do direct marketing related travel related services such as travel agencies, tour operators, etc.
Extended warranty companies Merchants providing extended warranty services.
Fulfilment houses Businesses that fill subscriptions or orders on behalf of third parties. It is important to ensure that they are properly insured in case of damage to goods. For each case, a check is required to verify who the risk bearer is.
Furniture
Building materials Any other Related Services
Plumbing & Heating Supplies – Wholesale Any other Related Services
Heating & Ventilation Services Any other Related Services
Carpets and Floor Coverings Any other Related Services
Double Glazing & Window Retailers Any other Related Services
Gas and Electrical Appliances Any other Related Services
Fitted kitchens/Beds Any other Related Services
Furniture/Home Furnishings Any other Related Services
Commercial Furniture Wholesale Any other Related Services
Interior Decorators Any other Related Services
Health and beauty spas Merchants providing personal beauty services, such as massages.
Hire
Car Hire Any other Related Services
Coach Operators Any other Related Services
Taxi Any other Related Services
Membership/Discount Clubs Any other Related Services
Nutraceuticals/diet control substances Food or food products that reportedly provide health and medical benefits, including the prevention and treatment of disease. Such products may range from isolated nutrients, dietary supplements and specific diets to genetically engineered foods, herbal products, and processed foods such as cereals, soups, and beverages.
Offering Products/Services on subscription Any other Related Services
Online Casino and Gambling MCC 7995 (requires Visa GBPP License and MasterCard Registration Programme)

a) Merchant must provide evidence of valid gambling license from a reputable jurisdiction. Licenses issued within EU/EEA are deemed acceptable. License outside EU/EEA will be reviewed on an individual basis but are not currently reviewed as providing sufficiently robust oversite.

b) Transactions from the following countries must be blocked (including BIN Cards and Geo Location): United States, Norway, Turkey, France, Poland, Canada, Japan

c) Merchant must provide evidence of monitoring the geo-location

Online file sharing services, (e.g. Cyberlockers) Merchants providing a platform specifically used for the sharing or exchange of any type of electronic files. Addition of Cyberlockers to the BRAM Program Merchant Registration MCC4816
Online Health / Disease Test Any other Related Services
Online shopping arcade Merchants that provide buying and shopping services to individuals and businesses on a fee basis, as an intermediary in the buying process.
Parking Tickets Management Any other Related Services
Pawn shops Merchants that lend money in exchange for personal property left with the merchants as security, which is sold if loan is defaulted upon.
Payday Loans Any related services
Precious metals/stones Merchants that deal in precious metals or stones including the sale of jewellery.
Real estate brokers/Property rentals Merchants dealing in property.
Regulated Institutions (Prohibited if unlicensed)
Collection agencies/refinancing of debt, mortgage/debt refinancing, third party payment service providers Collection agencies, debt refinancing merchants, processing of transactions by service providers acting under contract to card issuers or acquirers. Prohibited unless major bank or reputable financial institution.
Insurance Companies and brokers Prohibited if unlicensed
Investment brokers Prohibited if unlicensed
Financial Investment Companies Prohibited if unlicensed
Initial Coin Offering (ICO) regulated Regulated Crowdfunding via use of cryptocurrency to source start-up companies. Application considered ONLY if:
a) Regulated & Registered in a reputable jurisdiction (e.g. UK, Malta, France, Germany) b) Merchant correspondent bank within same jurisdiction the merchant is domiciled
c) Closed Loop only
d) payable back to original card used for funding
e) Card linked to regulated wallet
f) Wire TransferCondition:a) Collateral mandatory
Social Reporting Any other Related Services
Digital Wallets Wallet that allows cardholders make electronic transactions. Including purchasing items on- line using applications, to purchase from a store. Wallet might be Pass-through wallet or Staged Digital Wallet. Staged Digital Wallet requires registration with Visa and MasterCard
Binary, Forex and Cryptocurrencies Any related services (must be regulated entity)
Ticket brokers/agencies Ticketing agencies are not considered direct marketing merchants. Not restricted to the entertainment industry.
Card Schemes Merchant Location Rules

The Merchant must have a permanent location where its employees or agents accountable for the sale or distribution of the goods or services purchased in the specific transaction work. The location must be both:

– The actual location where the Merchant conducts business activities
– The location where those accountable for the sale/distribution decide what or how products are sold or distributed.

The following do not, in themselves, satisfy the above criteria:
– A post office box, mail-forwarding address, the address of the merchant’s law firm, agent or vendor, or an email address. – the location of payments or customer-service function, servers or URL, or the presence of a Director or Shareholder.

CLEAR is able to provide Acquiring services to Merchants properly constituted and incorporated within EU/EEA territories. Reference should be made to the European Territory List covered within Visa and MasterCard European Rules.

The Prohibited and Restricted Acceptance Business policy is subject to change at any time with notice.