LEGAL & REGULATORY
Governance matters to us.
We take our legal and regulatory responsibilities seriously because we believe that a strong governance framework and robust controls are equally in your interests and in our own.
Our responsibilities to our stakeholders
We value our reputation and we appreciate the part we play in protecting Jersey as a reputable finance centre. We are respectful of the trust our clients place in us and in return we will be fair, accountable and transparent in our relationships and practices.
We are regulated by the Jersey Financial Services Commission. This means that we are subject to financial services and anti money laundering legislation and we are subject to regulatory codes of practice which cover areas such as integrity, corporate governance, client interests and transparency. We are also subject to data protection legislation.
Privacy Policy
This Privacy Notice sets out how TMGA Wealth Management Limited (“TMGA”) will use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the Data Protection (Jersey) Law (the DP Law) relating to your personal data.
We respect and value the privacy of our clients and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the DP Law. TMGA is registered under the DP Law as a data controller and data processor.
Personal data is data which either by itself, or with other data available, can be used to identify a person. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
TMGA processes data for the purposes of providing regulated investment business to our clients, including trustees of trusts and companies. This notice relates to the use of personal data provided to TMGA by our clients and related parties such as settlors and beneficiaries.
TMGA may collect your personal data from third party providers or administrators including:
• the application & engagement documentation completed for our services
• anti-money laundering verification services
• public registers and agencies
• our online services and website
• agents, brokers, dealers, introducers, and other intermediaries; and
• other companies who provide personal data for individuals with whom we seek to establish a business relationship. We may pay a fee to the providers of these services.
The types of personal data TMGA collects and uses
TMGA uses personal data for the reasons set out below and in particular to provide services to our clients. The sources of personal data collected are noted in this Privacy Notice. The personal data TMGA collects may include:
• Full name and any former name, contact details, such as residential and correspondence address and address history, email address, home, business, and mobile phone numbers
• Date of birth
• Gender
• Passport or other identification documents
• Financial information (e.g. assets, sources of wealth, earnings and details of other income, social security/national insurance information, tax information and details of bank accounts)
• Employment details/employment status Education detailsWhere necessary to provide certain services to you and with your consent we may collect and process sensitive personal information which may include information about your physical and mental health.
Monitoring of communications
Subject to applicable laws, TMGA may monitor and record calls, emails, and other communications relating to clients and related parties’ dealings with us. We will do this for regulatory compliance, internal control practices, crime prevention and detection, to protect the security of the communications systems and procedures, to check for inappropriate content, for quality control and employee training, and when we need to see a record of what has been said. This is justified by our legitimate interests or our legal obligations. We may also monitor and record image and audio data (e.g. CCTV recordings) if you enter our premises.
Using personal data: the legal basis and purposes
Under the DP Law, TMGA must always have a lawful basis for using personal data. We will process personal data, as necessary:
1) To carry out our services, and acting on behalf of clients and related parties, including to:
a) take steps at a client’s request prior to entering into the contract for services
b) decide whether to enter into a contract for services with prospective clients
c) be responsible for the buying, selling, and monitoring of investments
d) prepare details of investments held by the client
e) update a client and related party’s records
f) trace clients and related parties whereabouts to contact them about the investment or distribution of assets and to make payments.
2) For our clients’ own legitimate interests or those of other related parties and organisations, including:
a) for good governance, accounting, management, and auditing business operations
b) to monitor emails, calls, and other communications with clients and relevant parties
c) for our legitimate interests as a business (except where your interests or fundamental rights override these). For example, it is within our legitimate interests to use your personal information:
1. to send you market commentary and information about your investments and services we believe are relevant and of interest to you
2. to respond to any enquiry or complaint you may make to us
3. to send you a brochure introducing you to our services
4. to invite you to an event which may be of interest to you
5. for market research purposes, where we may contact you to ask for your feedback
6. to prevent abuses of our website, for example, by requesting verification information to reset your password for the Client Portal (if required)
7. to ensure the security of our premises
8. to maintain compliance with our internal policies and procedures
9. for our own administrative purposes, including training our staff and conducting internal audits
10. for market research, analysis and developing statistics.
3) To comply with legal obligations; for example:
a) when a client exercises their rights under the DP Law and makes a request
b) for compliance with legal and regulatory requirements and related disclosures
c) for establishment and defence of legal rights
d) for activities relating to the prevention, detection, and investigation of crime
e) to verify a client’s identity and undertake fraud prevention and anti-money laundering checks.
4) Based on consent; for example:
a) when a client or a related party requests that TMGA disclose personal data to another party such as an audit or accountancy firm, or otherwise agree to disclosures
b) to send a client or related party communications where they have agreed to this
c) Where you send us personal information which we do not request then you agree to consent to us processing such information.
TMGA does not generally process any special categories of personal data defined in the DP Law, such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, data concerning health, sex life or sexual orientation or data relating to criminal record or alleged criminal activity. If we are provided with identification documents which contains information concerning racial or ethnic origin the data subject is deemed to consent to us holding and processing such data. If we are provided with information of a sensitive nature, then we will record it if that information is relevant to the client’s investment and financial objectives.
Clients and related parties are free at any time to change their mind and withdraw consent. The consequence might be that we cannot provide our services.
We do not use any automated systems for carrying out certain kinds of decision-making or profiling.
Sharing of personal data
Subject to the DP Law, we may share clients and related parties’ personal data with:
• TMGA’s custodian and broker and its affiliates
• Sub-contractors and other persons who help us provide our services
• Companies and other persons providing services to clients and related parties
• Legal and other professional advisors, including auditors
• Government bodies and agencies in Jersey and overseas (e.g. the Jersey tax authority who may in turn share it with relevant overseas tax authorities) and with regulators e.g. the Jersey Financial Services Commission, and the Jersey Office of the Information Commissioner and equivalent regulators in other jurisdictions
• Courts, to comply with legal requirements, and for the administration of justice
• Other parties where necessary in an emergency or to otherwise protect clients and related parties’ vital interests
• Other parties connected with our clients e.g. directors, beneficial owners, beneficiaries, trustees or any named officials or authorised persons
• Other parties if there is a restructure or selling of assets or in the case of a merger or re-organisation
• Banks who may transfer personal data to others as necessary to operate the accounts and for regulatory purposes; to process transactions; resolve disputes; and for statistical purposes, including sending personal data overseas
• Anyone else where the clients or related parties’ consent is given or as required by law.
Time Periods for Holding Personal Data
We will not keep your personal data for any longer than is necessary considering the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods:
• Know Your Client identification documents, Throughout the relationship and 10 years from end of relationship
• Financial records, Throughout the relationship and 10 years from end of relationship
• General information relating to clients, Throughout the relationship and 10 years from end of relationship
• Supplier Invoices, Throughout the relationship and 10 years from end of relationship
Where events occur that mean that data needs to be kept for longer, the following factors will be used to determine data retention periods for personal data:
• Retention in case of queries: we will retain personal data as long as necessary to deal with queries (e.g. if an application for services is unsuccessful);
• Retention in case of claims: we will retain personal data for as long as a client or a data subject might legally bring claims against us; and
• Retention in accordance with legal and regulatory requirements: we will retain personal data after the services provided have come to an end based on our legal and regulatory requirements which is normally 10 years.
International transfers
Personal data will be transferred between TMGA in Jersey and third party data controllers and data processors who are used to deliver services to allow us to provide our services to clients. These transfers will be to businesses in Jersey, the European Economic Area or other jurisdictions who are subject to adequate protections under their data protection laws. If any personal data is transferred outside of Jersey to other jurisdictions not subject to adequate protection under their data protection laws, we will take suitable steps to ensure that your personal data is treated just as safely and securely as it would be within Jersey under the DP Law by imposing or ensuring that contractual obligations of adequacy are in place or based on your instructions and consent as set out below.
Personal data may also be sent to third parties in jurisdictions requested by our clients in order to facilitate their requirements. Some countries have equivalent protections in place for personal data under their applicable laws, in other countries steps will be necessary to ensure appropriate safeguards apply. These include imposing contractual obligations of adequacy in line with the data protection legislation in Jersey. Where this is not possible TMGA will rely on the client’s explicit consent to provide such information to entities in these jurisdictions which is considered to be obtained on the basis of the client’s instructions to us.
Clients’ rights under the DP Law
Clients and related persons’ rights are as follows (noting that these rights do not apply in all circumstances):
• The right to be informed about the processing of personal data
• The right to have personal data corrected if it is inaccurate and to have incomplete personal data completed
• The right to object to processing of personal data
• The right to restrict processing of personal data
• The right to have personal data erased (the “right to be forgotten”)
• The right to request access to personal data and information about how we process it
• The right to move, copy or transfer personal data (“data portability”).
Clients’ rights to access personal data
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “Subject Access Request”.
All subject access requests should be made in writing and sent to the registered office address or email address as stated below. There is not normally any charge for a Subject Access Request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to a Subject Access Request as soon as possible and within 30 days of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept informed of our progress.
Contact or complaints
Clients and related persons have the right to complain to the Jersey Office of the Information Commissioner (JOIC) at www.jerseyoic.org respectively. JOIC have enforcement powers and can investigate compliance with the DP Law.
We can be contacted at Office 18, IFC 5, the Esplanade, St Helier, JE2 3BY or by email at admin@tmgaweath.com if a client or related party has any questions or requires further information.
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data held.
We respect and value the privacy of our clients and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the DP Law. TMGA is registered under the DP Law as a data controller and data processor.
Personal data is data which either by itself, or with other data available, can be used to identify a person. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
TMGA processes data for the purposes of providing regulated investment business to our clients, including trustees of trusts and companies. This notice relates to the use of personal data provided to TMGA by our clients and related parties such as settlors and beneficiaries.
TMGA may collect your personal data from third party providers or administrators including:
• the application & engagement documentation completed for our services
• anti-money laundering verification services
• public registers and agencies
• our online services and website
• agents, brokers, dealers, introducers, and other intermediaries; and
• other companies who provide personal data for individuals with whom we seek to establish a business relationship. We may pay a fee to the providers of these services.
The types of personal data TMGA collects and uses
TMGA uses personal data for the reasons set out below and in particular to provide services to our clients. The sources of personal data collected are noted in this Privacy Notice. The personal data TMGA collects may include:
• Full name and any former name, contact details, such as residential and correspondence address and address history, email address, home, business, and mobile phone numbers
• Date of birth
• Gender
• Passport or other identification documents
• Financial information (e.g. assets, sources of wealth, earnings and details of other income, social security/national insurance information, tax information and details of bank accounts)
• Employment details/employment status Education detailsWhere necessary to provide certain services to you and with your consent we may collect and process sensitive personal information which may include information about your physical and mental health.
Monitoring of communications
Subject to applicable laws, TMGA may monitor and record calls, emails, and other communications relating to clients and related parties’ dealings with us. We will do this for regulatory compliance, internal control practices, crime prevention and detection, to protect the security of the communications systems and procedures, to check for inappropriate content, for quality control and employee training, and when we need to see a record of what has been said. This is justified by our legitimate interests or our legal obligations. We may also monitor and record image and audio data (e.g. CCTV recordings) if you enter our premises.
Using personal data: the legal basis and purposes
Under the DP Law, TMGA must always have a lawful basis for using personal data. We will process personal data, as necessary:
1) To carry out our services, and acting on behalf of clients and related parties, including to:
a) take steps at a client’s request prior to entering into the contract for services
b) decide whether to enter into a contract for services with prospective clients
c) be responsible for the buying, selling, and monitoring of investments
d) prepare details of investments held by the client
e) update a client and related party’s records
f) trace clients and related parties whereabouts to contact them about the investment or distribution of assets and to make payments.
2) For our clients’ own legitimate interests or those of other related parties and organisations, including:
a) for good governance, accounting, management, and auditing business operations
b) to monitor emails, calls, and other communications with clients and relevant parties
c) for our legitimate interests as a business (except where your interests or fundamental rights override these). For example, it is within our legitimate interests to use your personal information:
1. to send you market commentary and information about your investments and services we believe are relevant and of interest to you
2. to respond to any enquiry or complaint you may make to us
3. to send you a brochure introducing you to our services
4. to invite you to an event which may be of interest to you
5. for market research purposes, where we may contact you to ask for your feedback
6. to prevent abuses of our website, for example, by requesting verification information to reset your password for the Client Portal (if required)
7. to ensure the security of our premises
8. to maintain compliance with our internal policies and procedures
9. for our own administrative purposes, including training our staff and conducting internal audits
10. for market research, analysis and developing statistics.
3) To comply with legal obligations; for example:
a) when a client exercises their rights under the DP Law and makes a request
b) for compliance with legal and regulatory requirements and related disclosures
c) for establishment and defence of legal rights
d) for activities relating to the prevention, detection, and investigation of crime
e) to verify a client’s identity and undertake fraud prevention and anti-money laundering checks.
4) Based on consent; for example:
a) when a client or a related party requests that TMGA disclose personal data to another party such as an audit or accountancy firm, or otherwise agree to disclosures
b) to send a client or related party communications where they have agreed to this
c) Where you send us personal information which we do not request then you agree to consent to us processing such information.
TMGA does not generally process any special categories of personal data defined in the DP Law, such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, data concerning health, sex life or sexual orientation or data relating to criminal record or alleged criminal activity. If we are provided with identification documents which contains information concerning racial or ethnic origin the data subject is deemed to consent to us holding and processing such data. If we are provided with information of a sensitive nature, then we will record it if that information is relevant to the client’s investment and financial objectives.
Clients and related parties are free at any time to change their mind and withdraw consent. The consequence might be that we cannot provide our services.
We do not use any automated systems for carrying out certain kinds of decision-making or profiling.
Sharing of personal data
Subject to the DP Law, we may share clients and related parties’ personal data with:
• TMGA’s custodian and broker and its affiliates
• Sub-contractors and other persons who help us provide our services
• Companies and other persons providing services to clients and related parties
• Legal and other professional advisors, including auditors
• Government bodies and agencies in Jersey and overseas (e.g. the Jersey tax authority who may in turn share it with relevant overseas tax authorities) and with regulators e.g. the Jersey Financial Services Commission, and the Jersey Office of the Information Commissioner and equivalent regulators in other jurisdictions
• Courts, to comply with legal requirements, and for the administration of justice
• Other parties where necessary in an emergency or to otherwise protect clients and related parties’ vital interests
• Other parties connected with our clients e.g. directors, beneficial owners, beneficiaries, trustees or any named officials or authorised persons
• Other parties if there is a restructure or selling of assets or in the case of a merger or re-organisation
• Banks who may transfer personal data to others as necessary to operate the accounts and for regulatory purposes; to process transactions; resolve disputes; and for statistical purposes, including sending personal data overseas
• Anyone else where the clients or related parties’ consent is given or as required by law.
Time Periods for Holding Personal Data
We will not keep your personal data for any longer than is necessary considering the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods:
• Know Your Client identification documents, Throughout the relationship and 10 years from end of relationship
• Financial records, Throughout the relationship and 10 years from end of relationship
• General information relating to clients, Throughout the relationship and 10 years from end of relationship
• Supplier Invoices, Throughout the relationship and 10 years from end of relationship
Where events occur that mean that data needs to be kept for longer, the following factors will be used to determine data retention periods for personal data:
• Retention in case of queries: we will retain personal data as long as necessary to deal with queries (e.g. if an application for services is unsuccessful);
• Retention in case of claims: we will retain personal data for as long as a client or a data subject might legally bring claims against us; and
• Retention in accordance with legal and regulatory requirements: we will retain personal data after the services provided have come to an end based on our legal and regulatory requirements which is normally 10 years.
International transfers
Personal data will be transferred between TMGA in Jersey and third party data controllers and data processors who are used to deliver services to allow us to provide our services to clients. These transfers will be to businesses in Jersey, the European Economic Area or other jurisdictions who are subject to adequate protections under their data protection laws. If any personal data is transferred outside of Jersey to other jurisdictions not subject to adequate protection under their data protection laws, we will take suitable steps to ensure that your personal data is treated just as safely and securely as it would be within Jersey under the DP Law by imposing or ensuring that contractual obligations of adequacy are in place or based on your instructions and consent as set out below.
Personal data may also be sent to third parties in jurisdictions requested by our clients in order to facilitate their requirements. Some countries have equivalent protections in place for personal data under their applicable laws, in other countries steps will be necessary to ensure appropriate safeguards apply. These include imposing contractual obligations of adequacy in line with the data protection legislation in Jersey. Where this is not possible TMGA will rely on the client’s explicit consent to provide such information to entities in these jurisdictions which is considered to be obtained on the basis of the client’s instructions to us.
Clients’ rights under the DP Law
Clients and related persons’ rights are as follows (noting that these rights do not apply in all circumstances):
• The right to be informed about the processing of personal data
• The right to have personal data corrected if it is inaccurate and to have incomplete personal data completed
• The right to object to processing of personal data
• The right to restrict processing of personal data
• The right to have personal data erased (the “right to be forgotten”)
• The right to request access to personal data and information about how we process it
• The right to move, copy or transfer personal data (“data portability”).
Clients’ rights to access personal data
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “Subject Access Request”.
All subject access requests should be made in writing and sent to the registered office address or email address as stated below. There is not normally any charge for a Subject Access Request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to a Subject Access Request as soon as possible and within 30 days of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept informed of our progress.
Contact or complaints
Clients and related persons have the right to complain to the Jersey Office of the Information Commissioner (JOIC) at www.jerseyoic.org respectively. JOIC have enforcement powers and can investigate compliance with the DP Law.
We can be contacted at Office 18, IFC 5, the Esplanade, St Helier, JE2 3BY or by email at admin@tmgaweath.com if a client or related party has any questions or requires further information.
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data held.
Website and Client Portal Terms of Business
1. In these Website/Client Portal Terms the following terms shall have the following meanings, save where otherwise defined or unless the context otherwise admits:
TMGA or We or Us
means TMGA Wealth Management Limited;
Account
means one or more investment accounts opened on Your behalf with PCI from time to time;
Applicable Law
means any of:
• the Companies (Jersey) Law 1991, as amended, supplemented, or restated from time to time
• the Data Protection (Jersey) Law 2018 as amended, supplemented or restated from time to time (“the Data Protection Law”);
• the JFSC Rules;
• the Money Laundering Rules;
• and all applicable laws of the island of Jersey in relation to the parties to this Contract;
Application & Engagement documentation
means each and every application & engagement document completed by You or on Your behalf in connection with the provision of services by TMGA from time to time;
Business Day
means any day other than a Saturday, Sunday or bank or public holiday in London or Jersey;
Client or You or Your
means a client of TMGA from time to time and includes a Connected Person where such a person accesses the Client Portal;
Client Portal
means the online portal to which We have given You access by means of providing secure login details and which is accessed via https://tmgawealth. pershingnexusinvestor.com or via the Website;
Connected Person
means a person designated by You who can access the Client Portal (which may include if applicable individuals employed by such a person);
Contract
means the legal contract between You and Us constituted by the Terms of Business together with Your Application and Engagement documentation, the PCI Terms of Business, these Website/ Client Portal Terms of Business (and, in the case of additional services We provide, any additional signed documentation we may require from time to time), and documents or Schedules provided to You from time to time or referenced in the Contract;
Electronic Communication
means a communication between You and Us by email or other electronic means;
Information
means information in relation to an Account which belongs to You or in relation to which You are a Connected Person (or, as applicable, You are employed by or associated with such Connected Person);
PCI
means Pershing (Channel Islands) Limited
Security Information
means the User ID, password and other sensitive or unique identification information that is required to distinguish users of the Client Portal from one another, to authenticate their access to the Client Portal, and for information security purposes.
Third Party Provider
means the third party ultimately responsible for the provision of the Client Portal, third party providers of content in the Client Portal and PCI where PCI provides the licence to TMGA;
Terms of Business
means the standard Terms of Business of TMGA as applicable to Client Accounts;
Website/Client Portal Terms
means these Website/Client Portal Terms of Business which constitute a part of the Terms of Business; and
Website
means the TMGA website at www.tmgawealth.com
2. The Website/Client Portal
2.1. From time to time We may provide You or a Connected Person with access to the Client Portal for the purposes of reviewing and administering Your Account. This Client Portal contains information provided to You by Us or a Third Party Provider. The Client Portal is licensed to Us.
2.2. These Website/Client Portal Terms apply to the entire contents of the Website and Client Portal. Please read these terms carefully before using the Website or Client Portal. By accessing the Website or Client Portal, You agree to comply with the provisions of the Website/Client Portal Terms. If You do not accept these terms, do not use the Website or Client Portal.
2.3. Your attention is drawn to the provisions of Clause 3.10 in the Terms of Business dealing with the use of Electronic Communications.
2.4. If You are a Client, You agree and acknowledge that:
2.4.1. the Website/Client Portal Terms constitute part of, and should be read in conjunction with, the Terms of Business between You and Us as amended from time to time; and
2.4.2. in the event of a conflict between these Website/Client Portal Terms and the Terms of Business, the Website/ Client Portal Terms shall prevail in respect of any matter relating to the Client Portal and Website, unless expressly provided otherwise by Us.
3. Disclaimer
3.1. The material contained on the Website and Client Portal is provided for general information purposes only and does not constitute legal, investment or other professional advice. No content on the Website and Client Portal constitutes an offer or solicitation by Us or a person connected with Us to buy, sell, or otherwise deal in any particular investment and such content does not constitute an offer, solicitation, or recommendation to buy, sell or otherwise trade all or any investments which may be mentioned in such content.
3.2. We may make changes to the information on the Website and Client Portal, or to the services set out on the Website or Client Portal, at any time without notice. The information on the Website and Client Portal may not be up to date, and We make no commitment to update such material.
3.3. Neither We nor any person connected with Us nor our agents nor our suppliers or Third Party Providers make any representation or warranty (including, without limitation, relating to reliability, currency, completeness, timeliness, accuracy or use of reasonable care and skill) in respect of the information on the Website and Client Portal and We shall not be held liable for any investment decisions made by You as a result of content displayed on the Website and Client Portal.
3.4. The information on the Website and Client Portal is provided “as is”. We accept no responsibility for any loss You incur if the Website and Client Portal does not work as You expect or contains errors or defects. We cannot guarantee the accuracy, completeness, or timeliness of any information.
3.5. Links to third party websites on the Website and Client Portal are provided solely for Your convenience. If You use these links, You will leave the Website or/and Client Portal. We have not reviewed any third party websites, do not control and are not responsible in any way for third-party websites including their content or availability. We do not endorse or make any representations about third party websites, or their content, or any recommendations, conclusions or results that may be obtained or derived from their use. If You decide to access any third party websites linked to the Website or Client Portal, You do so entirely at Your own risk.
3.6. Any statements on the Website and Client Portal which relate in any way to levels and bases of taxation and all other references to legislation and regulatory controls are not verified by Us. Levels and bases of taxation do regularly change, and You must seek Your own legal and tax advice on Your taxation position and take full responsibility to ensure that You are not contravening the laws of any country. We do not give legal or tax advice and We are not liable for any conclusions drawn by You in respect of any content stated on the Website and Client Portal.
3.7. Any views expressed on the Website and Client Portal reflect the current views of TMGA. The views expressed may change without notice and without incurring any liability.
3.8. There are legal requirements in various countries which may restrict the information which TMGA can lawfully provide. Accordingly, the information contained in some sections of the Website and Client Portal may be provided for residents of certain countries only. Persons who receive the content or who have access to it should inform themselves about and observe any restrictions which are imposed in the jurisdiction in which the Website and Client Portal is accessed.
3.9. Only investors with appropriate knowledge and experience to evaluate the applicable merits and risks should consider an investment in any instruments set out on the Website and Client Portal. You should seek professional advice as to the suitability of any investment referred to on the Website and Client Portal. The value of investments may fall as well as rise either in absolute terms or due to fluctuations in exchange rates.
4. Security
4.1. Upon registration to use the Client Portal, You will be provided with Security Information including username and initial temporary password which We will ask You to change upon first use.
4.2. In accessing the Client Portal You agree that:
4.2.1. You will not disclose Your Security Information or allow them to be disclosed to any other person and You will take all reasonable steps to keep Your Security Information secret to prevent such disclosure and You may not permit any other person to gain access to the Client Portal using Your own Security Information.
4.2.2. You will always keep Your mobile phone, computer, or other device secure and You are responsible for maintaining the confidentiality of Your Security Information. In particular You agree to:
4.2.2.1. choose a password that will not be easily discovered by third parties and different from any You use for other online accounts, emails, or social media;
4.2.2.2. keep Your Security Information confidential and secure, and not allow inappropriate access to Your devices.
4.2.3. Before enabling any features relating to fingerprint or facial recognition for identification purposes on Your mobile phone or computer or other device to sign into the Client Portal, You will first delete any other fingerprints or facial patterns registered on the device. You must not activate this feature if You allow other people to access Your mobile phone, computer or other device using their fingerprint or facial pattern. We will not be liable to You for any loss You may suffer if You breach this Clause.
4.2.4. You will not use the Client Portal on a jailbroken or rooted device. These devices have had their security features changed which makes them less secure.
4.2.5. Immediately upon becoming suspicious that Your Security Information has been disclosed to another person, You will:
4.2.5.1. cease to make further use of it;
4.2.5.2. telephone Us and notify Us of the unauthorised disclosure; and
4.2.5.3. follow this notification at once with confirmation in writing or by email.
4.2.6. If You are accessing the Client Portal in a public place, You will ensure You are not observed while entering Your Security Information and that You will log out of Your session when finished. You agree that as public wi-fi hotspots are not secure and can be cloned, You will not use them to access Your Account through the Client Portal.
5. Usage and Reliability
5.1. You agree that You will not use and will not permit or suffer any other person to use, the Website or Client Portal for any unlawful, obscene, abusive, or libellous purpose.
5.2. Although We will endeavour to provide You with continuous access to the Website and the Client Portal, We and all Third Party Providers do not guarantee or represent that this will happen, and We will not be held liable for any loss or liability incurred as a result of disruptions to Your access which are beyond our control. You acknowledge that the services provided via the Website or Client Portal may not be error free, that they may be interrupted and that they can be variable. Access to the Website or Client Portal may be suspended temporarily and without notice in the case of system failure, maintenance, or repair, or for reasons beyond our control.
5.3. We and any Third Party Provider reserve the right to suspend our services without notice on occasion in order to maintain or repair the Website or Client Portal or related software, or if at any time We or any Third Party Provider are unable for whatever reason to ensure the integrity of the service.
6. Intellectual Property
6.1. We and PCI, as applicable, own or are licensed to use (as the case may be) the copyright, database rights, trademarks and all other intellectual property rights relating to the Information, the Website, the Client Portal, and the Security Information. You have no rights to the information or to the Security Information other than as set out in these Website/Client Portal Terms.
6.2. You are hereby granted the right to use the Client Portal (and all intellectual property rights therein) on Your mobile phone, computer, or other device, subject to these Website/Client Portal Terms. We and all relevant Third Party Providers (as the case may be) reserve all other rights.
6.3. You may not copy, reproduce, duplicate, modify, adopt, lend, sell, or otherwise transfer any of the information from the Client Portal except for the purpose of accessing the Client Portal for Your own personal use. Any attempt to copy or reproduce, the Client Portal will constitute an infringement of our copyright and other intellectual property rights and We reserve all rights to take legal action in respect of such infringements.
7. Liability
7.1. TMGA and its officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, Client Portal, any websites linked to the Website and Client Portal or the information on such websites, including but not limited to loss or damage due to malicious software including spyware, ransomware, and viruses or other such sources that may infect Your computer equipment, software, data or other property linked to Your access to, use of, or browsing the Website and Client Portal or Your downloading of any information from the Website, Client Portal or any websites linked to the Website or Client Portal. Damage in relation to this Clause includes but is not limited to the servicing, repair, or correction of equipment, software, or data.
7.2. We make no warranty or representation that the Website or Client Portal will be accessible at all times and We do not accept any responsibility for and will not be liable for any loss or damage arising out of or in connection with, the Website or Client Portal being temporarily unavailable or restricted for any reason or if the access to it is slow. If the Website or Client Portal is unavailable or restricted, You can obtain information on a Business Day by contacting Your TMGA wealth manager.
7.3. You agree that Your sole and exclusive remedy if dissatisfied with the Website/Client Portal for any reason whatsoever is termination of our services, and of the Contract, in accordance with the provisions of the Website/Client Portal Terms and the same may be amended or restated from time to time.
7.4. You accept that We have no liability to You, arising from breach of confidentiality or otherwise, if through no fault of our own any other person sees any communication which is deemed to have been delivered to Your email address or viewed by You via the Website or Client Portal. You acknowledge that any Connected Person You may have appointed to act on Your behalf in connection with Your Account (or to whom You have given consent to view Your Account) will, once authorised by Us, be able to view Your Account details online for administrative purposes only and will be provided with login details to enable them to do so.
7.5. Nothing in this Clause shall exclude or limit any liability which cannot be excluded or limited under Applicable Law.
8. Privacy and Data Protection
8.1. The Website and/or Client Portal may request and collect certain personally identifiable information in respect of any person to whom our services may relate from time to time such as, though not limited to, name, phone number, and e-mail address. All such personal data is processed in accordance with the data protection legislation applicable in the jurisdiction in which We are processing such information. For more information about how we collect and use Your personal data and how We protect Your personal data, please see our Privacy Notice available on our Website.
8.2. Personal data will be transferred between TMGA in Jersey and third party data controllers and data processors who are used to deliver services to allow Us to provide our services to clients. These transfers will be to businesses in Jersey, the European Economic Area or other jurisdictions who are subject to adequate protections under their data protection laws. If any personal data is transferred outside of Jersey to other jurisdictions not subject to adequate protection under their data protection laws, we will take suitable steps to ensure that Your personal data is treated just as safely and securely as it would be within Jersey under the Data Protection Law by imposing or ensuring that contractual obligations of adequacy are in place or based on Your instructions and consent as set out below. By submitting Your personal data, You agree to this transfer, storing or processing. You should be aware that the transmission of information via the internet is not completely secure.
8.3. Although We will do our best to protect Your personal data, we cannot guarantee the security of Your data in the course of being transmitted to the Website and Client Portal; 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.
8.4. Save as set out above, We will only disclose information collected on and through the Website and Client Portal where We have Your prior and written approval, where We are compelled to do so by law or by the laws of another jurisdiction, where it is necessary to protect the interests of TMGA, where the information is already in the public domain, where it is deemed to be in the public interest or where it is necessary to promote crime prevention. We may make information concerning users of the Website and Client Portal available to law enforcement personnel and agencies when requested to do so or as required by law. By providing any personal information to the Website and Client Portal, You fully understand and unambiguously consent to the transfer of such personal information to, and the collection and processing of such personal information in Jersey (and other appropriate countries or territories) in accordance with Applicable Law.
8.5. “Cookies” are pieces of information that are placed on an individual’s computer hard drive to enable the individual to more easily communicate and interact with the Website and Client Portal. We may use cookies to customise Your experience on the Website and Client Portal. We may also use cookies to record how many times a user has visited the Website and Client Portal and what pages or information the user has accessed. You may, however, disallow receiving cookies at any time by activating the setting in Your web browser which allows You to refuse the setting of cookies. Unless You have adjusted Your browser setting so that it will refuse cookies, our system will issue cookies when You log on to our Website or Client Portal. It is not our intention to use cookies to retrieve information that is unrelated to the Website or Client Portal or Your interaction with the Website or Client Portal. By using the Website and Client Portal, You agree that We may use certain cookies as set out in the “Cookie Policy” available on our Website.
8.6. We may collect information about Your computer, including where available Your IP (Internet Protocol) address, operating system, and browser type to help diagnose problems with our server, and to administer the Website and Client Portal. An IP address is a number that is assigned to Your computer when You use the internet. This information does not contain any personally identifiable information about You. Your IP address is also used to help identify You during a particular session and to gather broad demographic data.
9. Termination of Client Portal Service
9.1. You may terminate Your right to use the Client Portal at any time without giving Us any reason. We may ask You to confirm this in writing, which can include by emailing Us at admin@tmgawealth.com or by telephoning Us on +44 1534 748740 during a Business Day between the hours of 0900 and 1700. Notice from You to terminate the use of the Client Portal will operate only to terminate:
9.1.1. These Website/ Client Portal Terms in respect of the Client Portal; and
9.1.2. Your access to the Client Portal.
9.2. If You are a Client, the following applies to You:
9.2.1. unless specified otherwise, notice given by You in accordance with Clause 9.1 will not affect the Terms of Business;
9.2.2. You can ask Us to terminate any use of the Client Portal by any Connected Person (except, where You are a joint client under the Terms of Business, any other joint client) related to Your Account including any Connected Persons and any employees or persons associated with the Connected Person by giving Us notice in writing and We will do so as soon as reasonably practicable;
9.2.3. where You notify Us that a Connected Person is no longer appointed by You, access to the Client Portal for all users associated with that Connected Person will be withdrawn as soon as reasonably practicable;
9.2.4. if the Contract in respect of Your Account which is governed by the Terms of Business is terminated by You or Us then Your access to the Client Portal will also terminate for all applicable users at the same time; and
9.2.5. subject to Term 9.2.4 above, no termination of the Client Portal by Us will affect any other service provided by Us to You.
9.3. If You are a Connected Person, You may give Us notice to terminate Your access in accordance with Clause 9.1.
9.4. We may terminate Your use of the Client Portal at any time. Subject to any legal obligations that We may have or where to do so would compromise reasonable security measures or is otherwise unlawful, We will normally give You reasonable notice before We do this, but We may stop providing the Client Portal and end this arrangement immediately if any of the circumstances set out in Clause
9.5 below apply. Where We notify You that We will be ending Your access to the Client Portal the notice may be given in writing, by telephone, by means of the Client Portal itself or by any other method of communication permitted under the Terms of Business. Where We permit You to re-access the Client Portal following such termination, You will need to reset Your password.9.5. We reserve the right to terminate, suspend, withdraw, or restrict the provision of the Client Portal to You with immediate effect where We have reasonable grounds to suspect that:
9.5.1. You have seriously or persistently broken these Website/Client Portal Terms;9.5.2. Your Security Information has not been kept safe;
9.5.2. You have acted unlawfully or fraudulently or there has been unauthorised or fraudulent use of Your Security Information;
9.5.3. We consider it appropriate for the security of the Client Portal;
9.5.4. You have put Us in a position where We might break a law or regulation that applies to Us; or
9.5.5. We are required to do so by law.
9.12. Where We feel prior notice is appropriate and where We are lawfully able to do so, We will notify You of the time or date on which the Client Portal will be terminated, suspended, withdrawn or restricted.
9.13. Once the reason for stopping or suspending Your access to the Client Portal no longer applies, We will unblock Your access. We may require You to carry out instructions that We give You before We are able to do this.
10. General provisions
10.1. If any provision of these Website/Client Portal Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Website/Online Portal Terms, which shall remain in full force and effect.
10.2. Failure by either party to exercise any right or remedy under these Website/Client Portal Terms does not constitute a waiver of that right or remedy.
10.3. Headings in these Website/Client Portal Terms are for convenience only and will have no legal meaning or effect.
11. Governing law
11.1. These Website/Client Portal Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Website/Client Portal Terms shall be governed and construed in accordance with the law of Jersey and We and You agree to submit to the exclusive jurisdiction of the Royal Court of the island of Jersey.
TMGA or We or Us
means TMGA Wealth Management Limited;
Account
means one or more investment accounts opened on Your behalf with PCI from time to time;
Applicable Law
means any of:
• the Companies (Jersey) Law 1991, as amended, supplemented, or restated from time to time
• the Data Protection (Jersey) Law 2018 as amended, supplemented or restated from time to time (“the Data Protection Law”);
• the JFSC Rules;
• the Money Laundering Rules;
• and all applicable laws of the island of Jersey in relation to the parties to this Contract;
Application & Engagement documentation
means each and every application & engagement document completed by You or on Your behalf in connection with the provision of services by TMGA from time to time;
Business Day
means any day other than a Saturday, Sunday or bank or public holiday in London or Jersey;
Client or You or Your
means a client of TMGA from time to time and includes a Connected Person where such a person accesses the Client Portal;
Client Portal
means the online portal to which We have given You access by means of providing secure login details and which is accessed via https://tmgawealth. pershingnexusinvestor.com or via the Website;
Connected Person
means a person designated by You who can access the Client Portal (which may include if applicable individuals employed by such a person);
Contract
means the legal contract between You and Us constituted by the Terms of Business together with Your Application and Engagement documentation, the PCI Terms of Business, these Website/ Client Portal Terms of Business (and, in the case of additional services We provide, any additional signed documentation we may require from time to time), and documents or Schedules provided to You from time to time or referenced in the Contract;
Electronic Communication
means a communication between You and Us by email or other electronic means;
Information
means information in relation to an Account which belongs to You or in relation to which You are a Connected Person (or, as applicable, You are employed by or associated with such Connected Person);
PCI
means Pershing (Channel Islands) Limited
Security Information
means the User ID, password and other sensitive or unique identification information that is required to distinguish users of the Client Portal from one another, to authenticate their access to the Client Portal, and for information security purposes.
Third Party Provider
means the third party ultimately responsible for the provision of the Client Portal, third party providers of content in the Client Portal and PCI where PCI provides the licence to TMGA;
Terms of Business
means the standard Terms of Business of TMGA as applicable to Client Accounts;
Website/Client Portal Terms
means these Website/Client Portal Terms of Business which constitute a part of the Terms of Business; and
Website
means the TMGA website at www.tmgawealth.com
2. The Website/Client Portal
2.1. From time to time We may provide You or a Connected Person with access to the Client Portal for the purposes of reviewing and administering Your Account. This Client Portal contains information provided to You by Us or a Third Party Provider. The Client Portal is licensed to Us.
2.2. These Website/Client Portal Terms apply to the entire contents of the Website and Client Portal. Please read these terms carefully before using the Website or Client Portal. By accessing the Website or Client Portal, You agree to comply with the provisions of the Website/Client Portal Terms. If You do not accept these terms, do not use the Website or Client Portal.
2.3. Your attention is drawn to the provisions of Clause 3.10 in the Terms of Business dealing with the use of Electronic Communications.
2.4. If You are a Client, You agree and acknowledge that:
2.4.1. the Website/Client Portal Terms constitute part of, and should be read in conjunction with, the Terms of Business between You and Us as amended from time to time; and
2.4.2. in the event of a conflict between these Website/Client Portal Terms and the Terms of Business, the Website/ Client Portal Terms shall prevail in respect of any matter relating to the Client Portal and Website, unless expressly provided otherwise by Us.
3. Disclaimer
3.1. The material contained on the Website and Client Portal is provided for general information purposes only and does not constitute legal, investment or other professional advice. No content on the Website and Client Portal constitutes an offer or solicitation by Us or a person connected with Us to buy, sell, or otherwise deal in any particular investment and such content does not constitute an offer, solicitation, or recommendation to buy, sell or otherwise trade all or any investments which may be mentioned in such content.
3.2. We may make changes to the information on the Website and Client Portal, or to the services set out on the Website or Client Portal, at any time without notice. The information on the Website and Client Portal may not be up to date, and We make no commitment to update such material.
3.3. Neither We nor any person connected with Us nor our agents nor our suppliers or Third Party Providers make any representation or warranty (including, without limitation, relating to reliability, currency, completeness, timeliness, accuracy or use of reasonable care and skill) in respect of the information on the Website and Client Portal and We shall not be held liable for any investment decisions made by You as a result of content displayed on the Website and Client Portal.
3.4. The information on the Website and Client Portal is provided “as is”. We accept no responsibility for any loss You incur if the Website and Client Portal does not work as You expect or contains errors or defects. We cannot guarantee the accuracy, completeness, or timeliness of any information.
3.5. Links to third party websites on the Website and Client Portal are provided solely for Your convenience. If You use these links, You will leave the Website or/and Client Portal. We have not reviewed any third party websites, do not control and are not responsible in any way for third-party websites including their content or availability. We do not endorse or make any representations about third party websites, or their content, or any recommendations, conclusions or results that may be obtained or derived from their use. If You decide to access any third party websites linked to the Website or Client Portal, You do so entirely at Your own risk.
3.6. Any statements on the Website and Client Portal which relate in any way to levels and bases of taxation and all other references to legislation and regulatory controls are not verified by Us. Levels and bases of taxation do regularly change, and You must seek Your own legal and tax advice on Your taxation position and take full responsibility to ensure that You are not contravening the laws of any country. We do not give legal or tax advice and We are not liable for any conclusions drawn by You in respect of any content stated on the Website and Client Portal.
3.7. Any views expressed on the Website and Client Portal reflect the current views of TMGA. The views expressed may change without notice and without incurring any liability.
3.8. There are legal requirements in various countries which may restrict the information which TMGA can lawfully provide. Accordingly, the information contained in some sections of the Website and Client Portal may be provided for residents of certain countries only. Persons who receive the content or who have access to it should inform themselves about and observe any restrictions which are imposed in the jurisdiction in which the Website and Client Portal is accessed.
3.9. Only investors with appropriate knowledge and experience to evaluate the applicable merits and risks should consider an investment in any instruments set out on the Website and Client Portal. You should seek professional advice as to the suitability of any investment referred to on the Website and Client Portal. The value of investments may fall as well as rise either in absolute terms or due to fluctuations in exchange rates.
4. Security
4.1. Upon registration to use the Client Portal, You will be provided with Security Information including username and initial temporary password which We will ask You to change upon first use.
4.2. In accessing the Client Portal You agree that:
4.2.1. You will not disclose Your Security Information or allow them to be disclosed to any other person and You will take all reasonable steps to keep Your Security Information secret to prevent such disclosure and You may not permit any other person to gain access to the Client Portal using Your own Security Information.
4.2.2. You will always keep Your mobile phone, computer, or other device secure and You are responsible for maintaining the confidentiality of Your Security Information. In particular You agree to:
4.2.2.1. choose a password that will not be easily discovered by third parties and different from any You use for other online accounts, emails, or social media;
4.2.2.2. keep Your Security Information confidential and secure, and not allow inappropriate access to Your devices.
4.2.3. Before enabling any features relating to fingerprint or facial recognition for identification purposes on Your mobile phone or computer or other device to sign into the Client Portal, You will first delete any other fingerprints or facial patterns registered on the device. You must not activate this feature if You allow other people to access Your mobile phone, computer or other device using their fingerprint or facial pattern. We will not be liable to You for any loss You may suffer if You breach this Clause.
4.2.4. You will not use the Client Portal on a jailbroken or rooted device. These devices have had their security features changed which makes them less secure.
4.2.5. Immediately upon becoming suspicious that Your Security Information has been disclosed to another person, You will:
4.2.5.1. cease to make further use of it;
4.2.5.2. telephone Us and notify Us of the unauthorised disclosure; and
4.2.5.3. follow this notification at once with confirmation in writing or by email.
4.2.6. If You are accessing the Client Portal in a public place, You will ensure You are not observed while entering Your Security Information and that You will log out of Your session when finished. You agree that as public wi-fi hotspots are not secure and can be cloned, You will not use them to access Your Account through the Client Portal.
5. Usage and Reliability
5.1. You agree that You will not use and will not permit or suffer any other person to use, the Website or Client Portal for any unlawful, obscene, abusive, or libellous purpose.
5.2. Although We will endeavour to provide You with continuous access to the Website and the Client Portal, We and all Third Party Providers do not guarantee or represent that this will happen, and We will not be held liable for any loss or liability incurred as a result of disruptions to Your access which are beyond our control. You acknowledge that the services provided via the Website or Client Portal may not be error free, that they may be interrupted and that they can be variable. Access to the Website or Client Portal may be suspended temporarily and without notice in the case of system failure, maintenance, or repair, or for reasons beyond our control.
5.3. We and any Third Party Provider reserve the right to suspend our services without notice on occasion in order to maintain or repair the Website or Client Portal or related software, or if at any time We or any Third Party Provider are unable for whatever reason to ensure the integrity of the service.
6. Intellectual Property
6.1. We and PCI, as applicable, own or are licensed to use (as the case may be) the copyright, database rights, trademarks and all other intellectual property rights relating to the Information, the Website, the Client Portal, and the Security Information. You have no rights to the information or to the Security Information other than as set out in these Website/Client Portal Terms.
6.2. You are hereby granted the right to use the Client Portal (and all intellectual property rights therein) on Your mobile phone, computer, or other device, subject to these Website/Client Portal Terms. We and all relevant Third Party Providers (as the case may be) reserve all other rights.
6.3. You may not copy, reproduce, duplicate, modify, adopt, lend, sell, or otherwise transfer any of the information from the Client Portal except for the purpose of accessing the Client Portal for Your own personal use. Any attempt to copy or reproduce, the Client Portal will constitute an infringement of our copyright and other intellectual property rights and We reserve all rights to take legal action in respect of such infringements.
7. Liability
7.1. TMGA and its officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, Client Portal, any websites linked to the Website and Client Portal or the information on such websites, including but not limited to loss or damage due to malicious software including spyware, ransomware, and viruses or other such sources that may infect Your computer equipment, software, data or other property linked to Your access to, use of, or browsing the Website and Client Portal or Your downloading of any information from the Website, Client Portal or any websites linked to the Website or Client Portal. Damage in relation to this Clause includes but is not limited to the servicing, repair, or correction of equipment, software, or data.
7.2. We make no warranty or representation that the Website or Client Portal will be accessible at all times and We do not accept any responsibility for and will not be liable for any loss or damage arising out of or in connection with, the Website or Client Portal being temporarily unavailable or restricted for any reason or if the access to it is slow. If the Website or Client Portal is unavailable or restricted, You can obtain information on a Business Day by contacting Your TMGA wealth manager.
7.3. You agree that Your sole and exclusive remedy if dissatisfied with the Website/Client Portal for any reason whatsoever is termination of our services, and of the Contract, in accordance with the provisions of the Website/Client Portal Terms and the same may be amended or restated from time to time.
7.4. You accept that We have no liability to You, arising from breach of confidentiality or otherwise, if through no fault of our own any other person sees any communication which is deemed to have been delivered to Your email address or viewed by You via the Website or Client Portal. You acknowledge that any Connected Person You may have appointed to act on Your behalf in connection with Your Account (or to whom You have given consent to view Your Account) will, once authorised by Us, be able to view Your Account details online for administrative purposes only and will be provided with login details to enable them to do so.
7.5. Nothing in this Clause shall exclude or limit any liability which cannot be excluded or limited under Applicable Law.
8. Privacy and Data Protection
8.1. The Website and/or Client Portal may request and collect certain personally identifiable information in respect of any person to whom our services may relate from time to time such as, though not limited to, name, phone number, and e-mail address. All such personal data is processed in accordance with the data protection legislation applicable in the jurisdiction in which We are processing such information. For more information about how we collect and use Your personal data and how We protect Your personal data, please see our Privacy Notice available on our Website.
8.2. Personal data will be transferred between TMGA in Jersey and third party data controllers and data processors who are used to deliver services to allow Us to provide our services to clients. These transfers will be to businesses in Jersey, the European Economic Area or other jurisdictions who are subject to adequate protections under their data protection laws. If any personal data is transferred outside of Jersey to other jurisdictions not subject to adequate protection under their data protection laws, we will take suitable steps to ensure that Your personal data is treated just as safely and securely as it would be within Jersey under the Data Protection Law by imposing or ensuring that contractual obligations of adequacy are in place or based on Your instructions and consent as set out below. By submitting Your personal data, You agree to this transfer, storing or processing. You should be aware that the transmission of information via the internet is not completely secure.
8.3. Although We will do our best to protect Your personal data, we cannot guarantee the security of Your data in the course of being transmitted to the Website and Client Portal; 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.
8.4. Save as set out above, We will only disclose information collected on and through the Website and Client Portal where We have Your prior and written approval, where We are compelled to do so by law or by the laws of another jurisdiction, where it is necessary to protect the interests of TMGA, where the information is already in the public domain, where it is deemed to be in the public interest or where it is necessary to promote crime prevention. We may make information concerning users of the Website and Client Portal available to law enforcement personnel and agencies when requested to do so or as required by law. By providing any personal information to the Website and Client Portal, You fully understand and unambiguously consent to the transfer of such personal information to, and the collection and processing of such personal information in Jersey (and other appropriate countries or territories) in accordance with Applicable Law.
8.5. “Cookies” are pieces of information that are placed on an individual’s computer hard drive to enable the individual to more easily communicate and interact with the Website and Client Portal. We may use cookies to customise Your experience on the Website and Client Portal. We may also use cookies to record how many times a user has visited the Website and Client Portal and what pages or information the user has accessed. You may, however, disallow receiving cookies at any time by activating the setting in Your web browser which allows You to refuse the setting of cookies. Unless You have adjusted Your browser setting so that it will refuse cookies, our system will issue cookies when You log on to our Website or Client Portal. It is not our intention to use cookies to retrieve information that is unrelated to the Website or Client Portal or Your interaction with the Website or Client Portal. By using the Website and Client Portal, You agree that We may use certain cookies as set out in the “Cookie Policy” available on our Website.
8.6. We may collect information about Your computer, including where available Your IP (Internet Protocol) address, operating system, and browser type to help diagnose problems with our server, and to administer the Website and Client Portal. An IP address is a number that is assigned to Your computer when You use the internet. This information does not contain any personally identifiable information about You. Your IP address is also used to help identify You during a particular session and to gather broad demographic data.
9. Termination of Client Portal Service
9.1. You may terminate Your right to use the Client Portal at any time without giving Us any reason. We may ask You to confirm this in writing, which can include by emailing Us at admin@tmgawealth.com or by telephoning Us on +44 1534 748740 during a Business Day between the hours of 0900 and 1700. Notice from You to terminate the use of the Client Portal will operate only to terminate:
9.1.1. These Website/ Client Portal Terms in respect of the Client Portal; and
9.1.2. Your access to the Client Portal.
9.2. If You are a Client, the following applies to You:
9.2.1. unless specified otherwise, notice given by You in accordance with Clause 9.1 will not affect the Terms of Business;
9.2.2. You can ask Us to terminate any use of the Client Portal by any Connected Person (except, where You are a joint client under the Terms of Business, any other joint client) related to Your Account including any Connected Persons and any employees or persons associated with the Connected Person by giving Us notice in writing and We will do so as soon as reasonably practicable;
9.2.3. where You notify Us that a Connected Person is no longer appointed by You, access to the Client Portal for all users associated with that Connected Person will be withdrawn as soon as reasonably practicable;
9.2.4. if the Contract in respect of Your Account which is governed by the Terms of Business is terminated by You or Us then Your access to the Client Portal will also terminate for all applicable users at the same time; and
9.2.5. subject to Term 9.2.4 above, no termination of the Client Portal by Us will affect any other service provided by Us to You.
9.3. If You are a Connected Person, You may give Us notice to terminate Your access in accordance with Clause 9.1.
9.4. We may terminate Your use of the Client Portal at any time. Subject to any legal obligations that We may have or where to do so would compromise reasonable security measures or is otherwise unlawful, We will normally give You reasonable notice before We do this, but We may stop providing the Client Portal and end this arrangement immediately if any of the circumstances set out in Clause
9.5 below apply. Where We notify You that We will be ending Your access to the Client Portal the notice may be given in writing, by telephone, by means of the Client Portal itself or by any other method of communication permitted under the Terms of Business. Where We permit You to re-access the Client Portal following such termination, You will need to reset Your password.9.5. We reserve the right to terminate, suspend, withdraw, or restrict the provision of the Client Portal to You with immediate effect where We have reasonable grounds to suspect that:
9.5.1. You have seriously or persistently broken these Website/Client Portal Terms;9.5.2. Your Security Information has not been kept safe;
9.5.2. You have acted unlawfully or fraudulently or there has been unauthorised or fraudulent use of Your Security Information;
9.5.3. We consider it appropriate for the security of the Client Portal;
9.5.4. You have put Us in a position where We might break a law or regulation that applies to Us; or
9.5.5. We are required to do so by law.
9.12. Where We feel prior notice is appropriate and where We are lawfully able to do so, We will notify You of the time or date on which the Client Portal will be terminated, suspended, withdrawn or restricted.
9.13. Once the reason for stopping or suspending Your access to the Client Portal no longer applies, We will unblock Your access. We may require You to carry out instructions that We give You before We are able to do this.
10. General provisions
10.1. If any provision of these Website/Client Portal Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Website/Online Portal Terms, which shall remain in full force and effect.
10.2. Failure by either party to exercise any right or remedy under these Website/Client Portal Terms does not constitute a waiver of that right or remedy.
10.3. Headings in these Website/Client Portal Terms are for convenience only and will have no legal meaning or effect.
11. Governing law
11.1. These Website/Client Portal Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Website/Client Portal Terms shall be governed and construed in accordance with the law of Jersey and We and You agree to submit to the exclusive jurisdiction of the Royal Court of the island of Jersey.