Legals

Legals

TERMS AND CONDITIONS

 BACKGROUND

These Terms and Conditions, together with all other documents referred to herein, set out the terms of use under which you may use our websites, www.rqcgroup.com and www.smcrcompliance.com.  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of our websites. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using our websites immediately.

  • Information About Us

Our websites are owned and operated by Robert Quinn Consulting Limited (“we/us/our”), a limited company incorporated in England and Wales and registered in England under company number 06418320.

Registered address: 4th floor, Elsley Court, 20-22 Great Titchfield Street, London W1W 8BE.

Business Address: Ariel House, 74A Charlotte Street, London W1T 4QJ.

  • Access to Our Websites

Access to our websites are free of charge.

It is your responsibility to make any and all arrangements necessary in order to access our websites.

Access to our websites is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue our websites (or any part of it) at any time and without notice.  We will not be liable to you in any way if our websites (or any part of them) are unavailable at any time and for any period.

  • Intellectual Property Rights

All content (which includes any and all text, images, photographs, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer) included on our websites and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, belongs exclusively to or has been licensed by us.  All content is protected by applicable United Kingdom and international intellectual property laws and treaties.

You may not reproduce, copy, publish, modify, distribute, sell, rent, sub-licence, store, or in any other manner re-use or exploit content from our websites unless given express written permission to do so by us.

You may:

  • Access, view and use our websites in a web browser (including any web browsing capability built into other types of software or app);
  • Print pages from our websites;
  • Download extracts from pages on our websites; and
  • Save pages from our websites for later and/or offline viewing.

Our status as the owner and author of the content on our websites (or that of identified licensors, as appropriate) must always be acknowledged.

You may not use any content saved or downloaded from our websites for commercial purposes.

  • Links to Our Websites

Framing or embedding of our websites on other websites is not permitted.

  • Links to Other Sites

Links to other sites may be included on our websites.  Unless expressly stated, these sites are not under our control.  We neither assume nor accept responsibility or liability for the information, data, content, products or services of third-party sites.  The inclusion of a link to another site on our websites is for information only and does not imply any endorsement or recommendation of the sites themselves or of those in control of them.

  • Use of Our System

You may use any online communications facility, that we make available on our websites either now or in the future, to contact us.  This may include, but is not limited to, contact forms, email and live chat.  However, you must not:

  • Communicate in a way that is obscene, deliberately offensive, hateful or otherwise inflammatory;
  • Submit information that promotes violence;
  • Submit information that promotes or assists in any form of unlawful activity;
  • Submit information that discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
  • Submit information that is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  • Submit information that is fraudulent or is otherwise likely to deceive;
  • Submit information that is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
  • Misleadingly impersonate any person or otherwise misrepresent your identity or affiliation in a way that is calculated to deceive;
  • Imply any form of affiliation with us where none exists;
  • Infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
  • Submit information in breach of any legal duty owed to a third-party including, but not limited to, contractual duties and duties of confidence.
  • Any personal information sent to us (including but not limited to your name and contact details), will be collected, used and held in accordance with your rights and our obligations under the Data Protection laws in force from time to time. Further information is set out in our Privacy Policy, contained herein.

You acknowledge and agree that you are solely responsible for the accuracy and content of any information you provide to us. You acknowledge and agree that we may disclose and transfer your personal information to our affiliates, to any other person or entity with your consent or if we are compelled to disclose such information by law.

  • Monitoring

We may monitor use of our websites from time to time, but we have no obligation to do so. If we monitor your use of our websites, we will do so in accordance with applicable laws. 

  • Use of Toolkit and e-Learning Modules

You agree that you will only use the SMCR Toolkit for your personal use and not distribute to anyone outside your firm. 

You acknowledge and agree that documents downloaded from our websites are templates and may require additional input by you in order to properly tailor them to your firm’s business. The documents are based on Near Final Rules from the Financial Conduct Authority (“FCA”). You also acknowledge that the documents may become inaccurate due to changes in FCA’s rules, forms, etc., which may change without notice.  

You agree that the e-Learning Modules are for individual use only and not to be shared with others, unless agreed by both parties in writing. 

  • Acceptable Use Policy

You may only use our websites in a manner that is lawful, and you must ensure that you comply fully with any and all local, national or international laws and/or regulations.  In using our websites, you must not:

  • Transmit or otherwise make available any material that:
    • Is obscene, deliberately offensive, hateful or otherwise inflammatory;
    • Promotes violence;
    • Is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
    • Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
    • Is fraudulent or is otherwise likely to deceive another person; or
    • Is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
  • Transmit or otherwise make available any material which infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; 
  • Knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; 
  • Breach any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence;
  • Use our websites for any fraudulent or unlawful purpose; or
  • Use our websites for commercial purposes.

We reserve the right to suspend or terminate your access to our websites if you materially breach the provisions of these Terms and Conditions.  Specifically, we may take one or more of the following actions:

  • Suspend, whether temporarily or permanently, your right to access our websites;
  • Issue you with a written warning;
  • Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  • Take further legal action against you as appropriate;
  • Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
  • Any other actions which we deem reasonably appropriate (and lawful).

We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms and Conditions.

  • Legal Disclaimers

Our websites and the content available on them are   for informational purposes only. Nothing on our websites constitutes professional or legal advice.  It is provided for general information purposes only and you accept responsibility for your use of the information provided.

Insofar as is permitted by law, we make no representation, warranty, or guarantee that our websites will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

We make reasonable efforts to ensure that the content on our websites is complete, accurate, and up to date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up to date. We are not responsible for any errors or omissions, or for the results obtained from the use of information on our website. We do not make any warranties as to performance or fitness for a particular purpose. 

In no event will we, or our directors, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information provided on these websites or for any consequential, special or similar damages.

No parts of our websites are intended to constitute a contractual offer capable of acceptance.  No services are sold through our website and the details of services provided on our websites are provided for general information purposes only.

We make no representation, warranty, or guarantee that services shown on our websites will be available from us.  Please contact us if you wish to enquire as to the availability of any services.

  • Our Liability

To the fullest extent permissible by applicable law, we accept no liability to any user for any loss or damage, including any indirect, incidental, special, consequential or punitive damages, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our websites or the use of or reliance upon any content included on our website.

To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our website or any content included on our websites.

We accept no liability for loss of profits, sales, business or revenue, loss of business opportunity, goodwill or reputation, loss of anticipated savings, business interruption, or for any indirect or consequential loss or damage.

We exercise all reasonable skill and care to ensure that our websites are free from viruses and other malware.  You acknowledge and accept that we have no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our websites (including the downloading of any content from them) or any other site referred to on our websites.  

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our websites resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  

  • Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold Robert Quinn Consulting Ltd, its affiliates, directors, employees and agents harmless from and against any claims, liabilities, proceedings, fines, damages, losses, demands and costs and expenses incurred by us relating to or arising from any content or information transmitted by you using our websites or otherwise arising from your use of our websites or the actions of a third-party who gained access to our websites because of your action or inaction, or your breach of these Terms and Conditions.

  • Viruses, Malware and Security

You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our websites.

You must not attempt to gain unauthorised access to any part of our websites, the server on which our websites are stored, or any other server, computer, or database connected to our websites.

You must not attack our websites by means of a denial of service attack, a distributed denial of service attack, or by any other means.

  • Privacy and Cookies

Use of our websites are also governed by our Privacy & Cookie Policies contained herein.  Our Privacy Policy and Cookie Policy are incorporated into these Terms and Conditions by reference.

  • Data Protection

All personal information that we may use will be collected, processed, and held in accordance with the provisions of the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”).

For full details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy contained herein.

  • Changes to these Terms and Conditions

We may alter these Terms and Conditions at any time.  Any such changes will become binding on you upon your first use of our websites after the changes have been implemented.  You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

  • Law and Jurisdiction

These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of England and Wales.

Any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

These Terms & Conditions were last updated 7th May 2020.

PRIVACY POLICY

BACKGROUND

Robert Quinn Consulting Limited (and its affiliates and subsidiaries, collectively “RQC”, “us” or “our”) understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits our websites, www.rqcgroup.com and www.smcrcompliance.com, 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 law.

Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of this Privacy Policy is deemed to occur upon your first use of our websites. 

  1. What Does This Policy Cover?

This Privacy Policy applies only to your use of our websites. Our websites may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them. 

  1. What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers 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. 

  1. What Data Do We Collect?

For the purpose of GDPR, RQC is the Controller of your personal data.

Depending upon your use of our websites, we may collect some or all of the following personal and non-personal data:

Personal Details

– Name;

– Business activities.

Contact Information:

– Email address;

– Telephone number.

Website Usage Related Data:

We use cookies to collect certain website usage related data, including IP address, web browser type and version and operating system.  This data is anonymous and cannot be used to identify any individual user of our website.

  1. How Do We Use Your Personal Data?

Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our provision of services to you and the performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:

  • Providing and managing your access to our website;
  • Supplying our products and services to you; 
  • Communicating with you; 
  • Supplying you with marketing and other information that you have opted-in to (you may unsubscribe or opt-out at any time by clicking on the “unsubscribe” link located on our emails or by contacting us at [email protected];
  • Maintaining our own accounts and records;
  • Complying with legal and regulatory obligations on our and your behalf; and
  • Analysing your use of our website to enable us to continually improve it and your user experience.
  1. How Long Will We Keep Your Personal Data?

We will keep your personal data for such period as is required for us to provide our services to you, or such longer period as we may be required to process the data to ensure our compliance with all relevant laws and regulatory obligations to which we are subject.

  1. How and Where Do We Store Your Personal Data?

Personal data is processed both manually and electronically and may be held in a number of different places in line with the operations of a typical business.  The locations your personal data could be stored include, but are not limited to: 

  • Our databases and CRM;
  • Emails on computers;
  • Mobile phones and tablets;
  • Contact address books;
  • Business cards;
  • Notebooks;
  • Electronic documents on our file servers;
  • Paper files in our offices;
  • Cloud back-up and storage.

The security of your personal data is important to us, and to protect your data we use and maintain appropriate technical and organisational measures to protect your personal data and to prevent the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed. We have a framework of policies, procedures and training to cover information and cyber security, confidentiality and data protection. 

  1. Sharing and Transfer of Personal Data

We will only disclose personal data to third parties as is necessary to provide our services and/or to comply with your instructions. We may share your personal data with our affiliates and subsidiaries. We do not give or sell your personal information to third parties.

 Any transfer of personal data to our personnel located in the USA will be made pursuant to our participation in the EU-U.S. Privacy Shield. Robert Quinn Consulting Inc. (“RQC Inc.”) complies with the EU-U.S. Privacy Shield Framework regarding the collection, use and retention of personal information from data subjects in European Union member countries. RQC Inc. certifies that it complies with the Privacy Shield Principles.  Further information is available at www.privacyshield.gov. 

In addition, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

If any of your personal data is required by a third-party, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third-party’s obligations under the law.

  1. Your Rights

Under the GDPR, you have the following rights:

  1. a)  The right to be informed about our collection and use of your personal data. 

b   The right to access the personal data we hold about you – you have the right to obtain confirmation as to whether we process personal data about you and certain information about how and why we process your personal data. 

  1. c)  The right to have your personal data amended or rectified if any of your personal data held by us is inaccurate or incomplete. 
  2. d)  The right to erasure (also known as the right to be forgotten), i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. 
  3. e)  The right to restrict the processing of your personal data.
  4. f)   The right to object to us using your personal data for a particular purpose or purposes.
  5. g)  The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract or the provision of services, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business.
  1. Rights relating to automated decision-making and profiling. We do not use your personal data in this way.

For more information about our use of your personal data or exercising your rights as outlined above, or in the event that you wish to make a complaint, please contact us at:

Robert Quinn Consulting Limited

Ariel House

74A Charlotte Street

London W1T 4QJ

E: [email protected]

T: + 44 (0) 207 958 9127 

  1. Contact Us

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:

FAO: Compliance Officer

Robert Quinn Consulting Limited

Ariel House

74A Charlotte Street

London W1T 4QJ

E: [email protected]

T: +44 (0) 207 958 9127

  1. Changes to this Privacy Policy

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 protection.

Any changes will be posted on our websites and you will be deemed to have accepted the terms of the Privacy Policy on your first use of our websites following the alterations. 

This Privacy Policy was last updated 7th May 2020.

COOKIE POLICY

This Cookie Policy applies to all of our websites and our mobile applications (“the Website”).  When we refer to any of our websites, we mean any website or mobile application operated by or on behalf of Robert Quinn Consulting Ltd or its subsidiaries and affiliates (collectively “Robert Quinn Consulting Ltd”), regardless of how you access the network. This Cookie Policy forms part of and is incorporated into our website Terms and Conditions.

By accessing the websites, you agree that this Cookie Policy will apply whenever you access the websites on any device.

Any changes to this policy will be posted here. We reserve the right to vary this Cookie Policy from time to time and such changes shall become effective as soon as they are posted. Your continued use of the websites constitutes your agreement to all such changes.

This policy explains how cookies are used on our websites in general – and, below, how you can control the cookies that may be used on these sites (not all of them are used on every site).

What are cookies and how do we use them?

Cookies are small text files stored on your computer by your browser. They’re used for many things, such as remembering whether you’ve visited the site before, so that you remain logged in – or to help us work out how many new website visitors we get each month. They contain information about the use of your computer but don’t include personal information about you (they don’t store your name, for instance).

We use cookies to provide the services and features offered on our websites, and to continually enhance the user experience.

We also use Google Analytics to track and analyse our site traffic in order to improve our websites functionality by collecting data regarding how, when and where people use or access our websites. Google Analytics does not collect personally identifiable data.

For further information regarding cookies and how to manage them, please click here.

This Cookie Policy was last updated 7th May 2020.

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