Last reviewed: July 2016
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 Bestinvest Group (“TBI” or “Group” or “we” or “us” or “our”).
2. Legal and regulatory status
The Tilney Bestinvest Group comprises Tilney Bestinvest Group Limited (“Tilney”), its ultimate holding company, any subsidiary of Tilney, and any subsidiary of its ultimate holding company, in each case from time to time.
The Group includes the following regulated companies:
- Bestinvest (Brokers) 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 Limited (Company No. 03900078, FRN: 223074)
- Thurleigh Investment Managers LLP (Company No. OC309191, FRN: 403832)
FRN is the FCA’s firm registration number. 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.
The registered office for all the above named companies, each of which is registered in England and Wales, is 6 Chesterfield Gardens, Mayfair, W1J 5BQ. The group VAT number is 918 5550 07.
The Group also includes the following regulated entitites:
- Towry Limited: (Company No. 00607039, FRN:136414)
- Towry Investment Management Limited: (Company No. 00793636, FRN: 142989)
- Towry Asset Management Limited: (Company No. 03691998, FRN: 189997)
- UK Portfolio Management Limited: (Company No. 02519968, FRN: 147103)
- Towry Pension Trustees Limited: (Company No. 00781047, FRN: 465128)
- Towry Fund Managers Limited: (Company No. 08884797, FRN: 616229)
Further information on the Towry companies is available at: https://www.towry.com/legal/
This website is for investors in the UK only.
The FCA is based at 25 The North Colonnade, Canary Wharf, London E14 5HS. Bestinvest are entered on the Financial Services Register with registration number 165169. You can check this on The Financial Services Register, which can be found at https://register.fca.org.uk or by contacting the FCA on 0845 606 1234.
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 Bestinvest 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 by Tilney Bestinvest, 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.
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.
- Bestinvest (Broker) Ltd Data Protection registration number is Z4948241.
- Bestinvest (Consultants) Ltd Data Protection registration number is Z5207478.
- Bestinvest (Holdings) Ltd Data Protection registration number is Z936858X.
- Tilney Investment Management Data Protection registration number is Z5940263.
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.
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 Bestinvest 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 their agents to help us and them:
- to manage and administer any account(s) you have with us;
- to offer you investment products and services (except where you have asked us not to do so);
- to contact you with details of changes to products you have bought;
- 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 Bestinvest 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.
Where we store your personal information
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.
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.
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 [Bestinvest (Brokers) Ltd / Tilney Investment Management].
We pride ourselves on providing high standards of customer service and care. However, we accept that there may be times when we do not achieve these standards or fall short of the standards you expect of us. If this happens we will make every effort to resolve any outstanding problems quickly and to your satisfaction. You may complain to us by writing or telephoning at the address and telephone number under ‘Legal and regulatory status’ (see point 2 above). However, should we fail to resolve a complaint to your satisfaction or if we fail to do so within eight weeks of receiving your complaint, you can also direct your complaint to the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR. Telephone: 0800 023 4567 or 0300 123 9123 and 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 Bestinvest, 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
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 Bestinvest 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.
Neither we nor Tilney Bestinvest are 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 relief are dependent on your individual circumstances and are subject to change.