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myColumbiaThreadneedle Terms of Business for Staff

myColumbiaThreadneedle Terms of Business

You should read these Terms of Business before using this service. If there is something you do not understand please contact us as we will rely on these Terms of Business.

1. Our Agreement with you

This service is provided by Threadneedle Investment Services Limited unless you hold your investments in a Threadneedle ISA taken out prior to 6 April 2008 in which case it is provided by Threadneedle Portfolio Services Limited both of 60 St Mary Ave, London, EC3A 8JQ. Both companies are authorised and regulated by the Financial Conduct Authority ('FCA') under reference numbers 190437 and 119174 respectively and will be referred to as “we” or “us” in the remainder of these Terms of Business. This can be verified by visiting the FCA website www.fca.org.uk and looking at the FCA Register or by calling 0800 111 6768. Our VAT number is 815 5258 29. You can contact us at info@myColumbiaThreadneedle.com.

When we accept your request to join the myColumbiaThreadneedle service, these Terms of Business will form a binding agreement between you and us. Therefore you should read these Terms of Business before using this service and contact us at 60 St Mary Axe London EC3A 8JQ or by email to info@myColumbiaThreadneedle.com if there is something you do not understand.

We classify all the users of the myColumbiaThreadneedle service as 'retail clients' to enable them to obtain the highest level of protection available under the regulatory system.

2. Our Service

myColumbiaThreadneedle offers a service enabling you to:

  • use certain financial planning tools;
  • review your holdings in the various Threadneedle funds that you have invested in;
  • access information, including prospectuses, simplified prospectuses, key investor information documents and fund factsheets on various funds;

We do not endorse or guarantee the accuracy of any information posted on myColumbiaThreadneedle by other users, nor guarantee the availability of the myColumbiaThreadneedle service itself nor that the myColumbiaThreadneedle service will support all browser types or be fully compatible with your communications equipment.

myColumbiaThreadneedle does NOT give investment advice and does NOT make any personal recommendation. As a result we are not required to assess the suitability of any particular fund that you have selected for your specific personal and financial circumstances and therefore you do not benefit from the protection of the regulatory rules on assessing suitability.

3. Commencement and Termination

These Terms of Business come into effect on the date when you sign up to them, which will happen when you request to join the myColumbiaThreadneedle service, and will continue in force until they are superseded by any new Terms of Business or either you or we decide to terminate this agreement.

We are each entitled to terminate the agreement governed by these Terms of Business without penalty at any time by providing a written notice to the other party detailing when the termination is to take effect.

Termination of the agreement governed by these Terms of Business will be without prejudice to the completion of any instruction in respect of which you have received a confirmation that it had been accepted for processing.

4. Amendments to these Terms of Business

We reserve the right to amend these Terms of Business and will give you notice in good time before making material changes and the most up-to-date version will be available at myColumbiaThreadneedle.com/tob. If you do not like the amended Terms of Business, you will be able to terminate them as explained in section 3 "Commencement and Termination".

5. Communication

All communications between you and us and any content posted by you on the myColumbiaThreadneedle site should be in English. We will only correspond with you in relation to the myColumbiaThreadneedle service via the e-mail address you have given to us when you requested to join the myColumbiaThreadneedle service. We will not pass any secure data via e-mail, but will notify you of any urgent matters that will be available to read on myColumbiaThreadneedle’s secure website. We will assume that you have accessed the myColumbiaThreadneedle website within 5 days of having received these notices.

It is imperative that you notify us immediately of any change in your e-mail address.

6. Our Remuneration

We do not charge a fee for the myColumbiaThreadneedle service.

7. Liabilities

Nothing in these Terms of Business shall limit or exclude our liability (if any) for:

  • a breach of any term implied by law as to our title in any goods or services we provide to you;
  • our fraud or fraudulent misrepresentation;
  • personal injury or death resulting from our negligence; and/or
  • our breach of our statutory obligation to provide services with reasonable skill and care.

You agree to be responsible for any losses and/or expenses including but not limited to our reasonable legal expenses which are the result of any violation by you of your obligations under these Terms of Business and any infringement by you of third party rights.

We will not be responsible for:

  • any loss or damage you suffer as a result of circumstances beyond our reasonable control including without limitation the interruption or failure of the myColumbiaThreadneedle service through no fault of ours, loss of opportunity and/or the reliance by you on information, opinion, advice or material provided on the myColumbiaThreadneedle site by anyone other than us;
  • the performance of the funds you have selected;
  • any loss which is not caused directly by a breach by us of our obligations under these Terms of Business;
  • any loss or damage suffered by you as a result of transmitting information to us via the myColumbiaThreadneedle site or by e-mail or otherwise for not ensuring that you have, at all times, provided us with current email contact details;
  • any loss or damage suffered by you as a result of transmitting information to us via the myColumbiaThreadneedle site or by e-mail or otherwise for not ensuring that you have, at all times, provided us with current email contact details;
  • any loss of opportunity to make an investment, except where you instructed us to make that investment and we failed to do so as a result of a direct breach by us of our obligations under these Terms of Business; and
  • any indirect loss which happens as a side effect of the main loss or damage and which is not foreseeable by you and us at the time when we accept your request to join the myColumbiaThreadneedle service.

8. Complaints

If you have cause to complain about the myColumbiaThreadneedle service, these should first be addressed to the Compliance Officer, myColumbiaThreadneedle, 60 St Mary Ave, London, EC3A 8JQ.

If the matter is not resolved to your satisfaction you can then contact the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR (0800 023 4567 or www.financial-ombudsman.org.uk). Further information is available on request.

9. Conflicts of Interest

We aim to identify and manage conflicts of interest which may arise between either us (including our managers, employees and subcontractors) and the users of the myColumbiaThreadneedle service and between one user and another in order to prevent these conflicts of interest from constituting or giving rise to a material risk of damage to the interests of the users of the myColumbiaThreadneedle service.

If we become aware of any conflict which we cannot suitably manage, we will contact you to disclose the general nature and/or sources of conflicts of interest to you before continuing to provide you with the myColumbiaThreadneedle service.

10. Transfer

Your rights and obligations under these Terms of Business are personal to you, so they cannot be transferred to anyone else, unless we agree otherwise in advance in writing.

We may transfer our rights and obligations under these Terms of Business to any company, which we believes in our reasonable opinion, to be able to provide you with a level of service equivalent to the service you receive from the myColumbiaThreadneedle service. If this happens, we will give you 28 days’ prior written notice.

11. Third Parties

Nothing in these Terms of Business is intended to give rights to any person other than you and us. Accordingly, no third party is intended to have a right to enforce any term of these Terms of Business. Any statute giving contractual or other rights to third parties (e.g. the Contract (Rights of Third Parties) Act 1999) will not apply.

12. Data Protection

We will collect personal information from you in connection with your use of the myColumbiaThreadneedle service, such as any information which you are asked for in the registration section of the myColumbiaThreadneedle site your investment account number, your name and contact information including address, e-mail address, telephone number(s), your age and gender your bank account details, marital status, and/or any pension or other investment details. In our role as data controller we will comply with our obligations under the Data Protection Act 1998. You consent to our collection, use and transfer of such data in accordance with these Terms of Business.

We will use the personal information collected from you in order to provide the services described in these Terms of Business, this includes:

  • manage and administer your account;
  • offer new products which may be of interest to you;
  • let you know what you have bought, sold and the financial status of your investments;
  • comply with any rule regulation or law or otherwise any direction of any competent authority with jurisdiction; and,
  • identify you when you use myColumbiaThreadneedle and contact us.

We will not transfer, disclose, sell, distribute or lease your personal information to third parties other than on the following basis:

  • to our subsidiaries, associated companies or parent company (or subsidiaries thereof) or a purchaser or potential purchaser of our business;
  • where we have your permission;
  • where we are required to do so by law or regulation, by legal process (e.g. a Court order), by a regulator (e.g. the Financial Services Authority or the Information Commissioner’s Office) or where your personal information is requested by (and provided by us on a voluntary basis to) a law enforcement agency (e.g. the police);
  • where the transfer or disclosure would otherwise be in compliance with the requirements of the Data Protection Act 1998; and/or,
  • to third parties where such disclosure is for the purposes of processing the information on Threadneedle’s behalf in accordance with the terms of this section 13.

If we disclose any of your personal information to any third party we will ensure that a contract is in place to ensure that the third party uses your personal information only in accordance with our instructions and has appropriate security provisions in place in order to ensure that your personal information is kept secure, in accordance with our obligations under the Data Protection Act 1998.

To obtain an up to date list of the current members of the Threadneedle group of companies, please write to our Data Protection Compliance Officer, 60 St Mary Axe, London, EC3A 8JQ.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. We will respond to you in accordance with the timeframe set out in the Data Protection Act 1998. If you would like a copy of the information held on you please write to our Data Protection Compliance Officer, 60 St Mary Axe, London, EC3A 8JQ. If you think any information we have about you is incorrect or incomplete, please write to our Data Protection Compliance Officer at the above address. We will correct or update any information as soon as reasonably possible.

In the event that your personal information is transferred to countries whose data protection laws are not as extensive as those which apply in the European Economic Area, we will take steps with a view to ensuring that there is the same level of protection for the processing carried out in these countries as within the European Economic Area, in accordance with our obligations under the Data Protection Act 1998.

In order to prevent unauthorised access to or disclosure of your personal information we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. However, your attention is drawn to the fact that information transmitted via the internet and by e-mail is susceptible to monitoring and interception.

13. Governing Law

These Terms of Business and any non-contractual obligations arising out of or in connection with them will be governed by English law. The Courts of Scotland if you live in Scotland or the Courts of Northern Ireland if you live in Northern Ireland or otherwise the Courts of England and Wales are to have exclusive jurisdiction over any dispute (a) arising from or in connection with these Terms of Business or (b) relating to any non-contractual obligations arising from or in connection with them.

14. Accessing the myColumbiaThreadneedle service

myColumbiaThreadneedle is a service supplied via the internet. You will receive individual authentification details when you sign up for the myColumbiaThreadneedle service which must not be disclosed to any third party. There is a secure process in place should you wish to reset passwords, but access will only be permitted after successful supply of key security questions. If your password has been stolen you must notify us as soon as you become aware of such theft.

Access to the site is permitted on a temporary basis, and we reserve the right to withdraw or amend content on the myColumbiaThreadneedle site without notice. We will not be liable if for any reason the myColumbiaThreadneedle service is unavailable at any time or for any period.