PRIVACY NOTICE FOR FIANDER TOVELL LIMITED

Introduction

Fiander Tovell takes the protection of your privacy very seriously. We will only use your personal information to deliver the products and services you have requested from us, and to meet our legal responsibilities.

How do we collect information from you?

We obtain information about you when you engage us to deliver our products and/or services and/or when you use our website, for example, when you contact us about our products and/or services.

What type of information do we collect from you?

The personal information we collect from you will vary depending on which products and/or services you engage us to deliver. The personal information we collect might include your name, address, telephone number, email address, your Unique Tax Reference (UTR) number, your National Insurance number, bank account details, your IP address, which pages you may have visited on our website and when you accessed them.

How is your information used?

In general terms, and depending on which products and/or services you engage us to deliver, as part of providing our agreed services we may use your information to:

• contact you by post, email or telephone
• verify your identity where this is required
• understand your needs and how they may be met
• maintain our records in accordance with applicable legal and regulatory obligations
• process financial transactions
• prevent and detect crime, fraud or corruption
• to contact you regarding matters connected to our services that could potentially be of benefit and interest

We are required by legislation, other regulatory requirements and our insurers to retain your data where we have ceased to act for you. The period of retention required varies with the applicable legislation but is typically five or six years. To ensure compliance with all such requirements it is the policy of the firm to retain all data for a period of seven years from the end of the period where we cease to act.

Who has access to your information?

We will not sell or rent your information to third parties.

We will not share your information with third parties for marketing purposes.

Any staff with access to your information have a duty of confidentiality under the ethical standards that this firm is required to follow.

Third Party Service Providers working on our behalf

We may pass your information to our third party service providers, agents, subcontractors and other associated organisations for the purposes of completing tasks and providing services to you on our behalf, for example to process payroll or basic bookkeeping. However, when we use third party service providers, we disclose only the personal information that is necessary to deliver the service and we have a contract in place that requires them to keep your information secure and not to use it for their own purposes.

Please be assured that we will not release your information to third parties unless you have requested that we do so, or we are required to do so by law, for example, by a court order or for the purposes of prevention and detection of crime, fraud or corruption.

How you can access and update your information

Keeping your information up to date and accurate is important to us. We commit to regularly review and correct where necessary, the information that we hold about you. If any of your information changes, please email or write to us, or call us using the ‘Contact information’ noted below.

You have the right to ask for a copy of the information Fiander Tovell Limited holds about you.

Security precautions in place to protect the loss, misuse or alteration of your information

Whilst we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

Once we receive your information, we make our best effort to ensure its security on our systems. Where we have given, or where you have chosen, a password which enables you to access information, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Your data will usually be processed in our offices in the UK. However, to allow us to operate efficient digital processes, we sometimes need to store information in servers located outside the UK, but within the European Economic Area (EEA). We take the security of your data seriously and so all our systems have appropriate security in place that complies with all applicable legislative and regulatory requirements.

Your choices

We may occasionally contact you by post / email / telephone with details of any changes in legal and regulatory requirements or other developments that may be relevant to your affairs and, where applicable, how we may assist you further. If you do not wish to receive such information from us, please let us know by contacting us as indicated under ‘Contact information’ below.

This will include periodic newsletters or e-shots on matters relating the services we provide and which we consider necessary to the provision of the comprehensive service that we seek to provide.

Your rights

Access to your information: You have the right to request a copy of the personal information about you that we hold.

Correcting your information: We want to make sure that your personal information is accurate, complete and up to date and you may ask us to correct any personal information about you that you believe does not meet these standards.

Deletion of your information: You have the right to ask us to delete personal information about you where:

• you consider that we no longer require the information for the purposes for which it was obtained
• you have validly objected to our use of your personal information – see ‘Objecting to how we may use your information’ below
• our use of your personal information is contrary to law or our other legal obligations

Restricting how we may use your information: In some cases, you may ask us to restrict how we use your personal information. This right might apply, for example, where we are checking the accuracy of personal information about you that we hold or assessing the validity of any objection you have made to our use of your information. The right might also apply where there is no longer a basis for using your personal information but you do not want us to delete the data. Where this right is validly exercised, we may only use the relevant personal information with your consent, for legal claims or where there are other public interest grounds to do so.

Objecting to how we may use your information: Where we use your personal information to perform tasks carried out in the public interest then, if you ask us to, we will stop using that personal information unless there are overriding legitimate grounds to continue. You have the right at any time to require us to stop using your personal information for direct marketing purposes.

Please contact us in any of the ways set out in ‘Contact information’ below if you wish to exercise any of these rights.

Changes to our privacy notice

We keep this privacy notice under regular review and will place any updates on www.fiandertovell.co.uk/privacy-notice-for-fiander-tovell-limited/. Paper copies of the privacy notice may also be obtained from our office.

This privacy notice was last updated on April 2018.

Contact information

Paul Meacher is the director responsible for data and can be contacted at: paulmeacher@fiandertovell.co.uk

Complaints

We seek to resolve directly all complaints about how we handle your personal information but you also have the right to lodge a complaint with the Information Commissioner’s Office at

Information Commissioner’s Office

Wycliffe House,Water Lane, Wilmslow, Cheshire, SK9 5AF

Telephone – 0303 123 1113 (local rate) or 01625 545 745

Website: https://ico.org.uk/concerns

January 2020

Fiander Tovell Limited standard client terms and conditions

Your use of this website and the documents, files and other information available through it is subject to the following terms and conditions, as amended by us from time to time. Use of and access to this website does not of itself create an accountant/ client relationship between you and Fiander Tovell. and where such an arrangement does exist it is governed by separate off-line terms of engagement.

If you require advice on a specific legal problem please contact the relevant fee earner or alternatively you can send an email to Fiander Tovell.

All electronic links to any part of this site require the consent of Fiander Tovell. Please email requests to enquiries@fiandertovell.co.uk.

1. Fees

1.1. Our fees are computed on the basis of time spent on your affairs by the client directors and our staff, and on the levels of skill and responsibility involved. Our fees exclude disbursements or Out of Pocket expenses which will be billed to you (plus VAT, if applicable) as incurred.

1.2. If following instructions from you, it is necessary to carry out work outside the responsibilities outlined in this letter it will involve additional fees. Accordingly, we would like to point out that it is in your interests to ensure that your records etc., are completed to the agreed stage.

1.3. Our terms relating to payment of amounts invoiced and not covered by standing orders, or other appropriate agreements, are strictly 30 days net.

1.4. Where this agreement is terminated by either party we reserve the right to render a bill for any work that we have undertaken whether or not that work has been completed.

1.5. On the termination of our appointment, we reserve the right to charge reasonable costs for the provision of information to our successor accountants.

1.6. In accordance with the requirements of Schedule 10 of the Companies Act 2006 and Audit Regulation 3.09, where we cease to hold an audit appointment and a successor auditor is appointed we are required to provide access to relevant audit information contained in our working papers if requested to do so in writing by the successor. In order to meet this obligation, we may incur photocopying costs and other related costs associated with provision of information. By signing this letter, you agree to meet all reasonable costs incurred in responding to and providing information to successor auditors.

2. Shareholders guarantee of fees (where applicable) 

2.1. In the event that the company fails to pay invoices sent by Fiander Tovell Limited to the company, raised in accordance with the terms of our letter of engagement, the shareholders jointly and severally agree to personally pay these invoices.

2.2. Failure to pay Fiander Tovell Limited fees by the company is deemed to occur when such fees are not paid within the normal terms of business set out in our letter of engagement. The shareholders undertake to pay all such fees personally within three months of the company failing to pay the fees.

3. Quality control and professional ethics

3.1 As part of our ongoing commitment to providing a quality service, our files are periodically subject to an independent quality review. Our reviewers are highly experienced and professional people and are, of course, bound by the same requirements of confidentiality as our client directors and staff. 

3.2. We will observe and act in accordance with the bye-laws, regulations and Code of Ethics of the Institute of Chartered Accountants in England and Wales and accept instructions to act for you on this basis. We will not be liable for any loss, damage or cost arising from our compliance with statutory or regulatory obligations. You can see copies of these requirements in our offices. The requirements are also available on the internet at www.icaew.com/membershandbook.

3.3. We reserve the right during our engagement with you to deliver services to other clients whose interests might compete with yours or are or may be adverse to yours, subject to our confidentiality clause. We confirm that we will notify you immediately should we become aware of any conflict of interest involving us and affecting the company.

If a conflict of interest should arise, either between two or more of our clients, or in the provision of multiple services to a single client, we will take such steps as are necessary to deal with the conflict. In resolving the conflict, we would be guided by the Code of Ethics published by the Institute of Chartered Accountants in England and Wales.

4. Investment services

4.1. We are licensed, by the Institute of Chartered Accountants in England and Wales, to provide a limited range of investment business advice where these are complementary to, or arise out of, the other services we provide to you. For designated investment business services, we will issue a separate terms of business letter.

4.2. We may, in the course of our professional services set out in this engagement letter, be asked by you or offer to you, advice in connection with investment business. In many cases the advice that we are able to provide will be limited due to regulatory requirements.

4.3. Should you require advice on investment business which we are unable to give as we are not authorised by the FCA, we can introduce you to a suitable Permitted Third Party (PTP).

4.4. The PTP will issue you with their own terms of business and will be remunerated separately for their services, as agreed with you. We will act as introducers but would be pleased to comment on or explain any advice received and, if required, attend any meetings with you.

4.5. Some PTP’s may offer to pay us an introductory fee or commission. We will inform you if this is the case and agree with you how this will be dealt with.

5. Client monies

5.1. We may, from time to time, hold money on your behalf. Such money will be held in trust in a client bank account, which is segregated from the firm’s funds. The account will be operated, and all funds dealt with, in accordance with the Clients’ Money Regulations of the Institute of Chartered Accountants in England & Wales.

5.2. In order to avoid an excessive amount of administration, interest will only be paid to you where the amount of interest that would be earned on the balances held on your behalf in any calendar year exceeds £25. Any such interest would be calculated using the prevailing rate applied by National Westminster Bank Plc for small deposits subject to the minimum period of notice for withdrawals. Subject to any tax legislation, interest will be paid gross.

5.3. If the total sum of money held on your behalf exceeds £10,000 for a period of more than 30 days, or such sum is likely to be held for more than 30 days, then the money will be placed in a separate interest-bearing client bank account designated to you. All interest earned on such money will be paid to you. Subject to any tax legislation, interest will be paid gross.

5.4. We will return monies held on your behalf promptly, as soon as there is no longer any reason to retain them. We reserve the right to pay unclaimed monies to a registered charity if the client to whom they relate remains untraced for five years.

5.5. We reserve the right to settle any fees due to Fiander Tovell Limited for professional services rendered, from monies held on client account 30 days from the date of issuing the fee or earlier with your express permission.

5.6. Please note that we are not authorised to hold client money in connection with investment business.

6. Help us to give you the right service

6.1. If at any time you would like to discuss with us how our service to you could be improved, or if you are dissatisfied with the service you are receiving, please let us know, by telephoning your engagement director.

6.2. We undertake to look into any complaint carefully and promptly and to do all we can to explain the position to you. If you feel that we have given you a less than satisfactory service, we undertake to do everything reasonable to address your concerns. If you are still not satisfied, you may of course take up matters with the Institute of Chartered Accountants in England & Wales.

7. Applicable law

7.1. Our engagement letter is governed by, and construed in accordance with, English law. The Courts of England will have exclusive jurisdiction in relation to any claim, dispute or difference concerning our engagement letter and any matter arising from it. Each party irrevocably waives any right it may have to object to any action being brought in those courts, to claim that the action has been brought in an inappropriate forum, or to claim that those courts do not have jurisdiction

8. Electronic communication

8.1. Internet communications are capable of data corruption and therefore we do not accept any responsibility for changes made to such communications after their despatch. It may therefore be inappropriate to rely on advice contained in an e-mail without obtaining written confirmation of it. We do not accept responsibility for any errors or problems that may arise through the use of internet communication and all risks connected with sending commercially sensitive information relating to your business are borne by you. If you do not wish to accept these risks please let us know and we will communicate by paper mail, other than where electronic submission is mandatory.

8.2. It is the responsibility of the recipient to carry out a virus check on any attachments received.

9. Contracts (Rights of Third Parties) Act 1999

9.1. Persons who are not party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.

10. Money Laundering Regulations and Proceeds of Crime Act 2002

10.1. In common with other professional services firms, we are required by the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2017 to:

maintain identification procedures for clients, beneficial owners of clients, and persons purporting to act on behalf of clients; 

maintain records of identification evidence and the work undertaken for the client; and 

report, in accordance with the relevant legislation and regulations.

We have a statutory obligation under the above legislation to report to the National Crime Agency (NCA) any reasonable knowledge or suspicion of money laundering. Any such report must be made in the strictest confidence. In fulfilment of our legal obligations, neither the firm’s principals nor may staff enter into any correspondence or discussions with you regarding such matters. 

10.2 If we are not able to obtain satisfactory evidence of your identity and where applicable that of the beneficial owners, we will not be able to proceed with the engagement.

11. The Provision of Services Regulations 2009

11.1 Our professional indemnity insurers are Travelers Insurance Company Limited. The territorial coverage is worldwide excluding professional business carried out from an office in the United States of America or Canada and excludes any action for a claim brought in any court in the United States of America or Canada.

12. Audit Registration

12.1 We are registered to carry on audit work in the UK by the Institute of Chartered Accountants in England and Wales. Details of our audit registration can be viewed at www.auditregister.org.uk under reference number C005021911.

Disclaimer

1. This website is provided by Fiander Tovell, Stag Gates House, 63/64 The Avenue, Southampton SO17 1XS.
2. References on this website and in these terms and conditions to:
3. “Fiander Tovell” or “we” or “our” or “us” shall mean Fiander Tovell and/or its affiliated undertakings; and
4. “you” or “your” shall mean the user of this website. If you are accessing or using this website in your capacity as an employee, director, officer, partner or agent of a corporate or unincorporated entity “you” and “your” shall refer to you and such entity and you represent that you are authorised to accept these terms and conditions on behalf of such entity and agree to be personally bound by these terms and conditions.
5. We and our suppliers own the intellectual property rights in the software that runs this website. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute or de-compile that software without our consent.
6. We cannot guarantee that this website and its document delivery system will operate in accordance with your expectations or will be error free. If you are aware of any error on this website please contact us by email at enquiries@fiandertovell.co.uk and we will endeavour to correct it.
7. Nothing in this website or the documents available through it constitutes legal or other professional advice. You should not rely on any information contained in this website as if it were legal or other professional advice.
8. It is our policy to virus check documents and files before they are posted on this website. However, we cannot guarantee that documents or files downloaded from this website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using this website. You must not post or provide to us via this website, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via this website.
9. You may only use this website for lawful purposes. You must ensure that any document, file or other information that you intend to post to our website or provide to us via this website does not contravene any applicable laws or contravene any person’s legal rights and you must not post or upload anything indecent, obscene, abusive, libellous or defamatory. We do not monitor or edit documents or files posted or provided to us by other persons for posting on this website and accordingly we do not accept any responsibility for any damage or loss you may suffer. We reserve the right to remove material from this website that infringes these rules.
10. If you decide to access any third party websites linked to this website, you do this entirely at your own risk. Fiander Tovell provides these links merely as a convenience and the inclusion of such links does not imply that Fiander Tovell endorses or accepts any responsibility for the content or use of such web sites. You may be subject to the terms of use applicable to such third party sites.
11. By accessing this website, you agree that you will access its contents solely for your own use. You may print out a single hard copy of any part of the content of this website (other than documents, files or other information contained in the restricted areas which are subject to particular terms set out under Restricted Areas) for your use in accordance with these terms and conditions.

January 2020

COOKIES AND SIMILAR TECHNOLOGIES

Background

Cookie legislation was introduced in the revision of the Privacy and Electronic Communications Regulations, 2003, updated 2011. The forthcoming ePrivacy Directive may make changes to the rules on cookies which will be included in a later update of this Cookie Policy.

Why do we use Cookies?

Our use of cookies is to primarily help enhance your user experience and to improve the efficiency of our website. We use certain cookies to remember you when you visit the website, to keep track of browsing patterns and to understand how visitors use the website site.

What are Cookies?

Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. There are different types of cookies: some are essential for the site to operate properly, whereas others are aimed at enhancing and personalising your user experience. Cookies can help us to understand how consumers are interacting with our website, which helps us to improve our site and deliver a better service to you.

What Cookies do we use?

Strictly necessary Cookies

Generally, these cookies will be essential first-party session cookies. Not all first-party session cookies will fall into the strictly necessary category for the purposes of the Cookie legislation. Strictly necessary cookies will generally be used to store a unique identifier to manage and identify the user as unique to other users currently viewing the website, in order to provide a consistent and accurate service to the user.

Essential Cookies

These cookies are essential in order to enable you to move around the website and use its features, such as signing-up to receive emails from us.

Performance Cookies

These cookies generally collect information about how visitors use our website, for instance which pages visitors go to most often, and the pages that they don’t. This helps us to understand and improve the site so it is easy to use and includes helpful content. They allow us to fix bugs or glitches on the website. These cookies don’t collect information that identifies visitors, so we can’t identify you. For example, we use “Google Analytics” cookies (a web analytics service provided by Google, Inc).

Functionality Cookies

These cookies allow our website to remember the choices you make as you browse the site. They provide more enhanced and personal features. The information collected is anonymised and they cannot track your browsing activity on other sites once you leave our site.

Following is a table of our use of cookies with the duration we have set.

Description Type of cookie Duration

catAccCookies – This cookie is set by the UK cookie consent plugin we have on the website to record that this site uses cookies Strictly necessary 30 days

_ga – used to distinguish users Persistent 2 years

_gid – used to distinguish users Persistent 24 hours

_gat – used for throttle date request rate Persistent 1 minute

How to turn off Cookies

You can turn off cookies at any time, by going into your browser settings, however this may have a detrimental effect on your user experience. If you are happy to continue letting us use cookies in the ways set out in this policy, to help us guide our work, then you need not do anything.

For more information go to https://www.allaboutcookies.org/

January 2020