Website conditions

Last revised: January 2017

We set out in this document important terms and conditions that govern your use of this website. You should read this information carefully. By accessing this website, you agree to be bound by these terms and conditions. If you are unclear about its contents please contact us - contact details are to be found on the ‘contact us’ link on this website or below.

1. Owner and operator of this website

This website is owned and operated by Tilney Investment Management Services Ltd, a subsidiary of Tilney Group Ltd.

2. Legal and regulatory status

The Tilney Group comprises Tilney Group Limited, its ultimate holding company, and any subsidiary of Tilney Group Ltd from time to time (“Tilney” or “Group” or “we” or “us”).

The Group includes the following regulated companies:

  • Tilney Investment Management Services Ltd (Company No. 02830297, FRN: 165169)
  • Tilney Investment Management (Company No. 02010520, FRN: 124255)
  • Bestinvest (Consultants) Ltd (Company No. 1550116, FRN: 125308)
  • HW Financial Services Ltd (Company No. 02030706, FRN: 134190)
  • Tilney Asset Management Ltd (Company No. 03900078, FRN: 223074)
  • Thurleigh Investment Managers LLP (Company No. OC309191, FRN: 403832)
  • Tilney Financial Planning Ltd: (Company no. 0607039, FRN:136414)
  • Tilney Discretionary Portfolio Management Ltd: (Company no. 00793636, FRN: 142989)
  • Tilney Asset Management Services Ltd: (Company no. 03691998, FRN: 189997)
  • Tilney Discretionary Investment Management Ltd: (Company no. 02519968, FRN: 147103)
  • Tilney Fund Managers Ltd: (Company no. 8884797, FRN: 616229)

The registered office for all the above named companies, each of which is registered in England and Wales, is 6 Chesterfield Gardens, Mayfair, London, W1J 5BQ.

You can check the regulatory permissions for these companies on the Financial Services Register by visiting the FCA’s website: https://register.fca.org.uk.

Tilney Asset Management Limited is also a Registered Investment Adviser with the Securities and Exchange Commission. The relevant provisions of the Investment Advisers Act of 1940 apply only with respect to its dealings with US clients.

Tilney Asset Management Services Limited is regulated in South Africa by the South African Financial Services Board (“FSB”). Its regulatory permissions can be checked on the register of the FSB at https://www.fsb.co.za/fais/search_fsp.htm.

  • Tilney Fund Managers Ireland Limited: (Company no. 454093, C49903)

The above named company is registered in Ireland with registered office at 25/28, North Wall Quay, International Financial Services Centre, Dublin 1, Ireland, and is authorised and regulated by the Central Bank of Ireland (CBI).

  • Tilney Asset Management (Guernsey) Limited: (Company no. 45035, GFSC No: 1035006)

The above named company is incorporated in Guernsey with registered office at Regency Court, Glategny Esplanade, St Peter Port, Guernsey, GY1 1WW, and is licensed to conduct investment business by the Guernsey Financial Services Commission (GFSC).

The VAT number of the Tilney Group of Companies is 918 5550 07.

3. Ownership of the content of this website and restriction of use

The entire content of our website is protected by copyright laws and intellectual property rights. You may download and use information and material from our website for your personal use. However you may not copy, reproduce, distribute or modify the content of our website for commercial or public use without prior written consent from us.

4. You should not rely solely on the information on our website

All services and products displayed on our website are subject to their own specific Terms of Business (also referred to as Terms and Conditions), which may change from time to time. If you choose to buy any product or service listed on this website, you should not rely solely on the information contained on our website. You should read carefully the Terms of Business relating to any product or service you intend to purchase. These may be obtained via the relevant website of the Tilney Group or by writing into us - contact details can be found on the ‘contact us’ link on this website.

5. Type of information we provide on our website

We provide information on investments or markets produced, such as research recommendations, market trends, investment analysis or commentary on the performance of selected funds, companies and other financial instruments (“Investment Information”); various tools to assist you with your own investment decisions; and, non-investment information of a general nature.

We do not provide nor intend to provide a personal recommendation or investment advice on our website. Therefore, you must not treat any information on our website as a personal recommendation or as investment advice given to you.

If you require a personal recommendation or investment advice please contact us for details on our other services - contact details are to be found on the ‘contact us’ link on our website.

Our website is also an online portal for you as an eligible customer enabling you to use the facilities available through the My Wealth product:

  1. The My Wealth product is a service designed to help you view, organise and manage your finances. It allows you to view the status of all of your financial information in one secure place. You can use the My Wealth product to retrieve your own information held online by third party financial institutions of whom you are a customer. Examples include bank accounts and credit cards. We put these accounts together for you in one place for viewing purposes only. We use one or more online service providers to access this information.
  2. Your Tilney Financial Adviser and other third party financial investment institutions, such as fund supermarkets and wrap providers, may also provide additional information held about you to My Wealth product relating to other aspects of your finances such as investments and policies you may own.
  3. Any information displayed through My Wealth product is only as up to date as the information supplied to us by third party websites, providers and your Tilney Financial Adviser. We do not control or have the means to verify the accuracy of the data we receive from third parties. We do not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings. Such information may be more up-to-date when obtained directly from the relevant websites.
  4. You can terminate your use of the My Wealth product at any time by calling us on 0800 090 2232 or sending an email to mytowry@tilney.co.uk.

6. Jurisdiction and local laws

The information on this website is directed at investors in the UK and does not constitute an offer to sell or invitation to buy securities in any other jurisdiction where such an offer or invitation is unlawful, or where the person making such an offer is not qualified or authorised to do so.

Information from this website must not be issued or promoted in any other jurisdiction where prohibited by law and must not be used in any way that would be contrary to local law or regulation.

Accordingly, the investment information detailed in our website does not constitute an offer to transact business in any jurisdiction where such an offer would be considered unlawful. The Information does not constitute an offer or solicitation to buy or sell any investment fund or other products, services or information to anyone in any jurisdiction in which an offer or solicitation is not authorised or cannot legally be made or to any person to whom it is unlawful to make an offer or solicitation. For information specific to your jurisdiction, please contact your financial adviser. 

7. Data privacy policy

Introduction

We treat the privacy of our investors and potential investors very seriously and we are registered under the UK Data Protection Act. This privacy policy sets out the basis on which any personal data we collect from you will be processed by us.

Please note that this privacy policy only applies to this website, so when you link to other websites you should read the privacy policies for those websites. We are not responsible for the privacy policy or practices of third party websites.

The Data Protection registration numbers for the main companies in the Group are

  • Tilney Investment Management Services Ltd: Z4948241
  • Bestinvest (Consultants) Ltd: Z5207478
  • Tilney Investment Management: Z5940263
  • Tilney Financial Planning Ltd: Z5462962
  • Tilney Discretionary Portfolio Management: Z5467177
  •  Tilney Asset Management Services Ltd: Z468614X]; and
  • Tilney Discretionary Investment Management Ltd: ZA163874].

Information we may collect from you

We may collect and process the following data about you:

  • Information that you provide to us when you register with us or in relation to products or services we provide to you, whether via this website, over the phone or by post.
  • The details we hold about you and your transactions (and may also include personal information concerning your family members, if provided to us); and/or
  • Where you are a corporate customer, details we hold about your staff and corporate contacts (including if applicable their individual customers and such customers’ family members), and may include information obtained from third parties; and/or
  • Where you are a trustee of a trust, the details of all trustees and any other beneficial owners, settlors and protectors as we deem appropriate.
  • website usage information which is collected using cookies (see below in the section on cookies).
  • We may keep a record of correspondence with you and we may use tracking technology on any emails which we send to you.

You may also input personal data and financial information onto the website for example when you use the My Wealth product. Personal data held on the My Wealth product includes your name, address, date of birth and national insurance number. Non-personal data that may be held on the My Wealth service includes your assets, your income details, from employments or other sources, your expenditure details and your portfolio details, including investments and plans. You can remove your data from the My Wealth service at any time, although portions of your data, consisting of aggregate data derived from your account information, may remain on our production servers indefinitely. Your data may also remain on a backup server or media./p>

Cookies

A “cookie” is a small piece of encoded information sent by a web server to be stored on your web browser (e.g. Internet Explorer, Firefox) so that it can remember something about you such as username, password or references at a later date. This process enables us to provide you with personalised information and simplify your user experience.

A cookie is installed to ensure that there is a unique identification when a user visits the Bestinvest website. This cookie enables us to determine what page the user will see next time he/she visits the website. Bestinvest uses persistent cookies that do not expire at the end of a user session. We also use Session Cookies, which are temporary cookies that remain in the cookie file of your browser until you leave the site.

It is important that your browser is set to accept these cookies, otherwise you will not be able to enjoy the site fully.

The cookies stored on your web browser do not contain any personal information. The cookies are encrypted and only the Bestinvest web servers can read them.

If you do not know what cookies are, or how to control or delete them, then we recommend you visit http://www.aboutcookies.org for detailed guidance.

Please refer to our Cookies Policy for further detail on the types of cookie we use.

Email tracking

Some emails that we send you have no tracking in at all e.g. service emails. Other emails we send we put in tracking so that we can tell how much traffic those emails send to our site. Some emails we can track, at an individual level, whether the user has opened and clicked on the email. Sometimes we do use the personal information e.g. to re-email people who did not click the first time. If you want to opt out of our emails which track your activities then you may do so using an opt-out link in such emails.

Surveys & Contests

From time to time our site may request information from users via surveys, contests or for a particular service (e.g. newsletter). Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information. We will use the contact information to notify winners. We will not publish winners' details on the site though on request we will provide details of any winner's name and location.

Uses made of your personal information

We may use and share your personal information with members of the Tilney group of companies and/or affiliates (who may process it for their own purposes and/or, subject to appropriate written terms, for and on our behalf) and our agents to help us and them and third party service providers, such as platforms and pension providers, any of whom may use your personal information to help them and us (but please note we do not use the financial information which you input into the My Wealth product unless we are your financial advisor) :

  • to manage and administer any account(s) you have with us or services you receive from us;
  • to offer you investment products and financial services (except where you have asked us not to do so);
  • to contact you with details of changes to products or services;
  • to inform you, in the case of Associates, of other products and services by letter, telephone and or email;
  • for internal analysis and research;
  • to comply with legal or regulatory requirements, including the prevention of fraud or money laundering;
  • to identify you when you contact us;
  • to understand your requirements;
  • to recover a debt;
  • to assess financial and insurance risks;
  • to develop new products and services;
  • to use your personal information as may otherwise be necessary in order to protect our/their business and that of our/their clients;
  • to prepare quotes;

We may use external third parties to process your personal information on our behalf in accordance with these purposes.

By providing the requested data, including sensitive data, you consent to the Group and/or its agents using your data for administrative purposes or in the preparation of quotes and to inform you of other products and services by letter, SMS, telephone and/or email. If you would prefer not to receive marketing information from a Group firm, please contact us at the email or postal address given below in the section headed “Contact”.

Sharing of your personal information with others

  • Where you have notified us of your adviser or other personal representative or where you have chosen our service where your account(s) is linked to those of other individual(s); the personal information provided may be shared with such persons or entities.
  • We do not disclose information about identifiable individuals to third-parties, but we may provide them with aggregate information about our users. We may also use such aggregate information to help relevant third-parties reach the kind of audience they want to target.
  • We may disclose your personal information to members of the Tilney group and/or affiliates including their staff and officers.
  • We may disclose your personal information to non-affiliated subcontractors that perform support services for us.
  • We may disclose your personal information to third parties in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • We may disclose or share your personal information with any regulatory authority, or to any person legally empowered to require such information; or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
  • We may transfer your personal information outside the EEA for the purposes set out above. In such instances we will put in place appropriate safeguards to protect your personal information.

With regard to the My Wealth product:

  • your financial adviser and/or their staff have restricted access to some of your data in respect of their ongoing capacity as your financial advisory firm. Your financial adviser's access does NOT include the ability to view or access your bank, credit card and loan statements. This data can only be viewed by you.
  • statements from your bank, building society or credit card accounts, are also held on the My Wealth service. Your statements data is not visible to anyone but you. The Statements area of My Wealth can only be accessed by you using your secure log in credentials. This data is not visible to your Financial Adviser or any employee of any service provider we use.

 

Employees of service providers we use in connection with this website do not have direct access to the My Wealth database except where necessary for system management, maintenance, monitoring and backups. In this scenario only specific nominated individuals have access. Such access is only given and used in accordance with strict internal procedures, in order to operate, develop or enhance our service. These individuals are bound by confidentiality obligations and are subject to disciplinary procedures, including termination of employment and potentially criminal prosecution if they fail to meet these obligations.

Where we store your personal information

We will take all reasonable steps necessary to ensure that your data is treated securely and in accordance with this privacy policy. All information you provide to us is stored on our secure servers.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will take reasonable steps to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Your rights

You have the right to receive details of the personal information we maintain on you, subject to certain restrictions under the Data Protection Act. We reserve the right to require appropriate proof of identity and to charge an administration fee, currently set at £10.00 per request for providing this information. Please contact us by post or email at the address below if you wish to do this. You may instruct us not to process your personal data for marketing purposes. You can exercise this right at any time by contacting us at the address or email below.

Updating your personal information

Please let us know if the personal information which we hold about you needs to be corrected or updated.

Contact

If you have any questions about this privacy policy or our treatment of your personal information, please write to us: by email to contact@tilney.co.uk; or by post to The Data Protection Officer, Tilney, 6 Chesterfield Gardens, Mayfair, London, W1J 5BQ; or by telephone on 020 7189 9999.

Your data controller

For the purposes of the UK Data Protection Act 1998, the data controller in respect of any personal information provided to us is either Tilney Investment Management Services Limited or as set out in the terms & conditions of the company or companies with whom you contract for any of our services.

Changes to our data privacy policy

We keep our Data Privacy Policy under regular review and we may update this policy and place a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

8. Complaints

We are committed to dealing with complaints effectively and fairly in accordance with the Financial Conduct Authority's complaint handling rules and guidance. If our clients have cause to complain, it will be dealt with by a dedicated team focused on ensuring that clients are treated fairly during the process. You may complain to us by writing or telephoning at the address and telephone number under ‘Legal and regulatory status’ (see section 2 above).

If our clients are not satisfied with the outcome of their complaint, they will have the right to refer it to the Financial Ombudsman Service, free of charge, at The Financial Ombudsman Service Exchange Tower, London E14 9SR, or by going to their website www.financial-ombudsman.org.uk.

9.  Security of our website

We do not guarantee the security of our website, but we use reasonable endeavours to maintain it to current security standards.

Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception or loss or possible alteration. We are not responsible for them and will not be liable to you or anyone else for any loss in connection with any message sent by you to us or by us to you over our website.

You should also specifically note that email communication is not secure and you should not send sensitive or personal information in them.

Where we provide you with login details you should not share them with anyone else and it is your responsibility to protect them. If you are accessing our website from a shared computer (i.e. one that you do not have sole use of) it is important that you log out of the website when you have finished, otherwise, others may gain access to your login details and access your account(s).

10. Accuracy of information

Whilst all reasonable steps have been taken to ensure that the information contained on our website is accurate and complete at the date of publication, no warranty or guarantee is given and no liability is accepted for any loss incurred. Errors or omissions in the information may occur because of a number of factors which are inherent in any Internet access system and are not within our control. The information contained in this website is subject to change without notice.

Tilney, and any of our affiliates, subsidiaries, officers, directors, employees or agents  provide the website and the information on an “as is” basis. We (and they) do not make any express or implied warranties, representations, endorsements or conditions with respect to the website or the information. This includes, without limitation, warranties as to operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose.

Any links on this website that lead to sites maintained by third parties, over which we have no control, are provided solely as a convenience to users and use of those sites will be at your own risk.

11. Supported browsers

Our website is designed to work with current versions of the most popular web browsers. The site may not display properly if you are using an old version of an internet browser. In addition we have designed the website to work best with Javascript enabled. If you choose not to turn on Javascript in your browser, you may find some areas of the site have reduced features.

12. No liabilities

This paragraph excludes or limits our legal liability for the website. You should read it carefully. It applies only as far as the law permits, and in particular Tilney do not exclude or restrict any duties or liabilities to you under the Financial Services and Markets Act 2000, or the rules of the Financial Conduct Authority for the conduct of business.

Tilney are not responsible for, and will not be liable to you or anyone else for, any damages whatsoever (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with your use of or inability to use the website or the information, or any action or decision made by you in reliance on the website or the information, or any unauthorised use or reproduction of the website or the information, even if we have been advised of the possibility of these damages.

13. Risk Warnings

The value of your investments can go down as well as up, and you could get back less than you originally invested.

The Online Investment Service, including any account analysis and investment reports provided by our guidance services, is an online execution-only dealing service for investors who want to make their own investment decisions. It does not provide advice on the suitability of products and investments. If you are unsure about the suitability of any investment you should seek professional advice. Clients of the Investment Advisory Service can use the website to obtain current valuations of their investments but cannot trade on these accounts online and should call their adviser if they wish to discuss changes to their investments.

Past performance or any yields quoted should not be considered reliable indicators of future events. Restricted advice can be provided as part of other services offered by us, upon request and on a fee basis. Before investing in funds please check the specific risk factors on the key investor information document (KIID) or refer to our risk warning notice as some funds can be high risk or complex: they may also have risks relating to geographical area, industry sector and/or underlying assets in which they invest. Prevailing tax rates and reliefs are dependent on your individual circumstances and are subject to change.