C. Cookies We Use (Updated 22 May 2018 – updated for change (reduction) in cookies used)
The Website contains third party content. We are not responsible for content posted on the Website by third parties. The Website is intended as an open forum. We accept no liability for views, opinions, advertisements, product information or any other content posted on the Website or provided to it by third parties. The scope of our liability to you is set out and limited in clause 7.
We will not tolerate the posting of Inappropriate Content (as defined below) and we have in place procedures to permit Subscribers to notify us of Inappropriate Content. Further details on our policies in respect of Inappropriate Content are set out in clause 11.
We reserve the right to remove any content from the Website at any time and reserve the right to prevent access to the Website to you or to any other person.
The Website is operated by Mallowstreet Limited. Access to the Website is provided on the Terms set out below. Mallowstreet Limited is registered in England and Wales under company number 07051587 with registered office at Platinum Building, St John’s Innovation Park, Cowley Road, Cambridge CB4 0DS. Mallowstreet Limited is a company authorised and regulated by the Financial Conduct Authority (Registration number: 7967001). This can be confirmed at www.fsa.gov.uk/register/.
By clicking on the “I have read and agreed with the terms and conditions” button at the bottom of this page and then reconfirming this choice when prompted, you will indicate acceptance of these Terms. This will include acceptance of the limitations and exclusions of liability in clause 7. By accepting an Access Key or using an Access Key to gain access to the Website or by accessing the Website you agree to and accept these Terms which will become legally binding on you in consideration of our agreement to allow you access to and use of the Website.
1.1 In these Terms the following words have the following meanings:
Access Key means the passcode or other access data or key issued by us to Subscribers to allow Subscribers access to the Website;
Authorised Firm means a firm that is authorised or regulated in its jurisdiction (for example, by the Financial Conduct Authority in the UK) to provide investment advice;
Authorised Person means any individual invited to become a Subscriber by a Principal Subscriber in accordance with clause 2.2. References to "your Authorised Persons" shall be construed as references to Authorised Persons that you (if you are a Principal Subscriber) invited to become Subscribers and whose identity and details you verified to us;
Contribution means any content contributed to the Website by a Contributor or Subscriber including forum postings, articles, blogs, chat room discussions, the personal details of a Subscriber or Contributor’s profile posted on the Website and any other content or information posted displayed or communicated by a Contributor or Subscriber;
Contributor means a person who contributes content to the Website and who is given access to the Website as a Researcher, Academic, Pensions Spokeperson, Authority Representative or as a member of client relations or compliance-monitoring team for a Product Provider;
DPL means Data Protection Legislation including the Data Protection Act 1998,the General Data Protection Regulations and any European Union legislation relating to the processing of personal data in each case as amended from time to time and any guidelines, rules or enactments that may be passed under such legislations or which may replace it;
Group means Mallowstreet Limited and any company being a subsidiary or holding company or subsidiary of a holding company or subsidiary of a subsidiary as the terms "subsidiary" and "holding company" are defined in the Companies Act 2006;
Inappropriate Content means any content which, in the context in which it appears, is or can reasonably be regarded or perceived as being defamatory, offensive, obscene, abusive, threatening, discriminatory, fraudulent, deceptive, misleading, infringing or misusing a person’s Intellectual Property Rights, or disclosed or published in breach or abuse of a person’s confidence, or otherwise unlawful (that is, in breach of any enactment or rule of law, whether or not it may also give rise to an offence, or to a tortuous or other civil liability, or to an injunction or other remedy) and any content which causes or may cause overloading, disruption, corruption, unintended operation or other harmful or undesired effect to the Website, or to any of its content, or to any computer systems (including hardware, software or any content) or other device of any user of the Website including (but not limited to) content carrying any viruses, trojans, worms or other interfering, damaging or disabling devices that may cause any sort of damage (temporary or permanent), and any content which is inconsistent with the purposes of this Website as described in clause 3.1, or with the requirements relating to access and registration or other warranties in clause 2, or otherwise inconsistent with the Terms;
Intellectual Property Rights means, copyrights, database rights, trademarks, trade names, domain names, rights in logos and get-up, patents and designs, rights in confidential information and trade secrets, other rights in content, inventions, know-how, computer software and data, rights of privacy and all rights and privileges of a nature similar or equivalent to any of the above anywhere in the world in each case whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of any of the same;
Principal Subscriber means any person who is allowed access to the Website by us as a Principal Subscriber in accordance with clause 2.1.
Product Provider means a legal entity, business or person offering financial products or services to the pensions industry and which posts or displays content regarding its offering on the Website (including advertisements, product pages and Product Provider pages);
Qualifying Fund means a pension fund where the aggregate value of the cash and investments which form part of the fund's assets (before deducting the amount of its liabilities): (a) is £10 million or more; or (b) has been £10 million or more at anytime during the year immediately preceding the date on which the Subscriber in question accesses the Website;
Subscriber means any person allowed access to the Website as a user and includes any Principal Subscribers , Authorised Persons or Contributors; and
1.2 References in these Terms to:
you/your are to the person or entity accepting these Terms and your Authorised Persons as the context so requires.
we, us, our are to Mallowstreet Limited.
2 Who can use this Website?
2.1 The Website is a subscriber only facility. Access to the Website is allowed only to Principal Subscribers, Authorised Persons who are invited by Principal Subscribers and Contributors. Access to the Website by Subscribers is subject to completion of the registration form and acceptance of these Terms. Principal Subscribers will be allowed access to the Website subject to our prior approval. Principal Subscribers must be pension fund trustees of a Qualifying Fund or other pension or investment professionals and who meet our criteria for Principal Subscribers. Access to the Website is also allowed to Product Providers.
2.2 Principal Subscribers are permitted to invite Authorised Persons to access and use the Website as Subscribers. Principal Subscribers will inform us of the names and details of their Authorised Persons. We will issue Access Keys to Authorised Persons if we believe, based on the information provided to us by Principal Subscribers, that the Authorised Person meets the requirements of this Agreement and provided the Authorised Person accepts the terms hereof. Principal Subscribers may facilitate access to the Website to individuals as Authorised Persons only if such individuals meet one of the following criteria:
(a) senior officers, employees, partners or directors of a corporate sponsor of the Principal Subscriber's Qualifying Fund who are actively involved in or share responsibility for the Qualifying Fund's management or investment activities.
(b) other individuals who regularly attend the Principal Subscriber's Qualifying Fund's board meetings as part of their professional or corporate duties.
2.3 The Website contains information on financial products and services and such information is designed for and addressed solely to professional individuals actively involved in Qualifying Fund activities including pension fund trustees, pension advisers, consultants and other professionals working in the pensions industry, corporate officers and other representatives of corporate sponsors of Qualifying Funds and representatives of Qualifying Fund members. THE CONTENT OF THIS WEBSITE IS DESIGNED FOR THE PROFESSIONAL MARKET. IF YOU ARE NOT AN AUTHORISED INVESTMENT PROFESSIONAL OR A PERSON PROFESSIONALLY INVOLVED IN OR HAVING RESPONSIBILITIES RELATING TO QUALIFYING FUND MANAGEMENT OR A PROFESSIONAL IN A RELATED FIELD YOU MUST NOT SUBSCRIBE TO OR GAIN ACCESS TO THE WEBSITE OR ITS CONTENT. THE CONTENT OF THE WEBSITE IS NOT DIRECTED AT CONTRIBUTORS. NO CONTRIBUTORS MAY ENGAGE IN ANY INVESTMENT ACTIVITY ARISING FROM THE WEBSITE OR ITS CONTENT.
2.4 You warrant, covenant and represent to us as follows:
(a) The information provided by and about you (or about any Authorised Person of yours) to us on the registration form, profile sheet, by email, postings, telephone or through other means including all personal details, contact details, employment details and all other data provided to us is true in all respect, up-to-date and not misleading in any way.
(b) You will update the information referred to in paragraph (a) and you will not, and you will ensure that your Authorised Persons do not, access the Website if the details we hold about you or the Authorised Person are (or become) untrue, misleading or out of date.
(c) You will not access the Website under false identity or pretext.
(d) If you are a Principal Subscriber you are a trustee of a Qualifying Fund or otherwise meet our criteria for Principal Subscriber as declared to us and your Authorised Persons meet one of the requirements set out in clause 2.2.
(e) If you are an Authorised Person you meet one of the requirements set out in clause 2.2.
(f) You will use the Website solely in your capacity of an investment professional or Authorised Person as described in paragraphs (d) and (e) above and only in connection with your professional or business activities as represented to us in the registration form, profile and other communications referred to in paragraph (a) and solely for the purposes referred to in these Terms. If you are not any of the foregoing you agree to use the Website only as a Contributor for the purposes of professional research, compliance- monitoring, client relations and education and you agree that you will not act on any financial promotion displayed on the Website or distributed through the Website or engage in any investment activity as a result of gaining access to the Website or being a Contributor.
(g) You will not provide investment advice on the Website unless you are an Authorised Firm.
(h) You will keep the Access Key secure and will not share it with any other person or allow any other person to use it to access the Website.
The foregoing warranties, covenants and representations will be deemed to be repeated each time you or your Authorised Person use the Website.
3 What is offered on this Website?
3.1 This Website is designed as a search engine, discussion forum and information portal for the pensions and associated industries for use by experienced and authorised investment professionals, other individuals involved in pension fund management and by Product Providers. The content and facilities of the Website are made available to Subscribers in order to enable and assist Subscribers to learn about, research, compare and share information and views on financial products and services which may be relevant to their business in the pensions and related financial industries, to allow Product Providers to represent, advertise their products and services and to enable Product Providers and Subscribers to communicate with each other in order to obtain further information and understanding of such products and services.
3.2 You understand and acknowledge that Mallowstreet does not provide you with any advice on financial investments on the Website. In particular, we do not provide consultancy services, advice or personal recommendations on any investment opportunities that can be viewed on the Website. Product Providers and Subscribers using the Website may post information on the Website which constitutes advice, invitation or inducement to engage in investment activity. We do not monitor or approve such communications but only facilitate direct communications between Product Providers and Subscribers and among themselves.
3.3 The product information on the Website provided by third parties is not an offer to contract by us and any part of the Website containing advertising, third party comment, opinion or advice is not provided by us nor do we accept responsibility for any third party content, omission or inaccuracy. Product Providers, other advertisers and Subscribes are responsible for ensuring that any content submitted to the Website complies with applicable laws, rules and regulation.
3.4 If you or your Authorised Persons wish to purchase a product or service from a Product Provider or retain the Product Provider you will need to do this directly with the Product Provider. YOU WILL NEED TO SEEK INDEPENDENT PROFESSIONAL ADVICE IN RELATION TO ANY FINANCIAL PRODUCT FEATURED OR DISCUSSED ON THE WEBSITE OR THAT YOU WISH TO PURCHASE FROM A PRODUCT PROVIDER. Not all products or services offered are suitable for everyone and you should therefore ensure the product or service meets your needs. If you do not feel you are suitably experienced or qualified in relation to any particular product or service you wish to acquire from a Product Provider you should check the suitability, adequacy, accuracy and completeness of any products with a suitably qualified advisor. In operating the Website we are not engaged in offering, selecting or approving of products or services represented or referred to in the Website and we will not be liable if products purchased are not suitable for your needs.
3.5 Products and services of Product Providers are offered on the relevant Product Provider’s terms and conditions and subject to such disclaimers, notices or warnings that Product Providers may communicate to you or agree with you. Quotes, offers or estimates given by Product Providers are likely (at least initially) to be based on a set of assumptions. You should ensure that you understand the applicable terms and conditions and be aware that such quotes, offers or estimates are typically affected by market movements and may change substantially before the Product Provider enters into any agreement with you.
3.6 A person or entity providing investment advice on the Website must be authorised by the Financial Conduct Authority..
4 What do we charge for providing this Website?
We do not charge Subscribers for using this Website. We may charge Product Providers, advertisers or third parties fees on separate commercial terms for posting content on the Website or otherwise using the Website and for purchasing data generated through the Website.
5 How you agree to use this Website
5.1 You shall not use this Website for any purpose other than the purposes described in clause 3.1 above.
5.2 We reserve the right to prevent access to the Website to you or any Authorised Person at any time if we have reason to believe or to suspect that access is sought for any purposes other than those described in clause 3.1, that you are in breach of any of the warranties, covenants or representations in clause 2.3, that you made any misrepresentation to us, to a Service Provider or other Subscriber, that you posted any Inappropriate Content or if you otherwise fail to comply with any of the Terms. We also reserve the right to prevent you or any other person access to the Website on other non-discriminatory and lawful grounds.
5.3 You will only enter the personal details of Authorised Persons or any third party's details with their consent or if you are lawfully authorised to do so.
5.4 You will ensure that any data or content you submit to or post on the Website or provide to us, to a Product Provider or any other Subscriber is true and accurate and not misleading and is not otherwise Inappropriate Content.
6 Who owns the material on this Website and how can it be used?
6.1 As between you and us, we own or are licensed to use all Intellectual Property Rights on and to all parts of our Website which are not third party content (that is, Product Provider or Subscriber content including advertisements, product pages, forum postings, messages and other communications, ratings, names and trademarks and other content provided or posted by third parties) to include without limitation the structure, design and layout of our Website, software that operates the Website, artistic work, the trading name and trademark mallowstreet.com and any other names, logos, slogans and other signs used by us on the Website (but not those used by Product Providers or Subscribers), the get-up of the Website, the domain names and email addresses used by the Website.
6.2 The Website is designed only for viewing information and posting information by Product Providers and Subscribers. Where necessary for the purposes described in clause 3.1, you may, at your own risk, print, copy, download or temporarily store content from this Website for your personal information. You acknowledge that copying or downloading content from the Website could cause harm or unintended consequences to your computer system and to data contained in it and that, whilst we will make efforts to minimise such risks, as provided in clause 7.4, we do not accepts any liability for such damage.
6.3 Except as permitted in clause 6.2, you shall not seek to modify, amend, reverse engineer or deal with the software or content of the Website, and you shall not use, reproduce, make adaptations or derivative works to, sell, hire or offer for sell or hire, or otherwise deal with, communicate, show or make available to the public (or to any persons), distribute or otherwise exploit the Website, its content or any of our Intellectual Property Rights other than with our prior written consent. You shall not allow or enable any person other than a Subscriber or Authorised Person access to or to use any part of the Website except with our prior written permission.
6.4 You shall not provide hypertext or other links to our Website from any other website without our prior written consent.
6.5 The Website contains and displays literary works, databases, information, artistic work, videos, audio and other content, designs, logos, trademarks and other Intellectual Property Rights posted or displayed by Product Providers and other Subscribers. As between you and us, such Intellectual Property Rights belong to the party displaying or posting it. Without derogation from the generality of the other provisions of this clause 6, you shall not use, reproduce, make adaptations or derivative works to, sell, hire or offer for sell or hire, or otherwise deal with, communicate, show or make available to the public (or to any persons), distribute or otherwise exploit such Intellectual Property Rights except as expressly permitted in clause 6.2 or otherwise with the prior written consent of us and the Product Provider or Subscriber posting or displaying such content.
6.6 You may submit content to the Website (only and strictly for the purposes set out in clause 3.1) by way of forum postings, blogs, electronic messaging or other means as indicated on the relevant Website pages. By posting any content on the Website (unless it is a direct non-public communication from you to a Product Provider or to another Subscriber or posted by you so as to be available for viewing only by a particular Product Provider and/or specific other Subscribers) you hereby grant to us, to the Product Providers and to all Subscribers (to the extent they have authorised access to such content) a non-exclusive, irrevocable, perpetual, worldwide, royalty-free licence to reproduce, disclose, adapt, communicate to the public, distribute copies, rent, lend and publish such content.
6.7 You warrant, covenant and represent that content you post or communicate on the Website will not be Inappropriate Content, that you (or your employer or employees of your employer) have the right to reproduce, communicate and publish such content on the Website.
6.8 Contributors shall not include promotions or marketing communications relating to financial products or services as part of their Contributions.
7 What is the extent of our legal liability?
The following clauses exclude or limit our legal liability in relation to the Website its use and content. You should read them carefully. These limitations on our liability apply only as far as the law permits.
7.1 Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any matter for which it would be illegal for us to limit or exclude, or attempt to limit or exclude, our liability.
7.2 Subject to clause 7.1, we shall use reasonable endeavours to ensure the information posted by us on the Website is accurate on the date of publication; however errors and/or omissions may occur. We shall not be liable for any loss or damage suffered by you as a result of:
(a) reliance on any content posted or displayed by Product Providers or other Subscribers;
(b) inaccurate, incomplete or misleading information provided to us by Product Providers, advertisers, third parties or Subscribers;
(c) inaccurate, incomplete or misleading information as a result of errors within our software; or
(d) any claim made against you by any third party arising as a result of, or in connection with, your use of the Website.
7.3 Subject to clause 7.1, we shall not be liable for any loss or damage suffered in connection with the provision or use of products and/or services provided by Product Providers or for the consequences of your dealings with other Subscribers. We do not monitor, verify, select or endorse information submitted by Product Providers or Subscribers and it is for you alone as an investment professional or as a person involved in the management of a Qualifying Fund and for your professional advisers to consider and verify that such information is accurate, reliable and up to date. We do not accept responsibility for ensuring that any product or service is suitable for your needs.
7.4 Whilst we take reasonable steps to counteract viruses and other devices or programs with contaminating or destructive properties, it is the nature, purpose and function of the Website to enable third parties (including Subscribers, Product Providers and advertisers) to post their own content on the Website. Accordingly, we cannot guarantee nor give any warranty that the Website is free from viruses or any other content which may have a harmful effect on any technology. We shall not be liable for any loss or damage suffered as a result of such harm.
7.5 Whilst we take all reasonable steps when sending you e-mails and when forwarding your information to Product Providers or other Subscribers to ensure that your information is not disclosed, the Internet is an open system and we therefore cannot and do not guarantee that your information will not be intercepted or decrypted by others. We shall not be liable for any loss or damage suffered as a result of such interception or decryption unless we are in breach of our statutory duties in relation to the protection of your information.
7.6 Whilst we aim to provide uninterrupted access to the Website, access may be suspended, restricted or terminated at any time whether for technical, maintenance, legal, regulatory or other reasons beyond our control. We will not be liable in any way if access to the Website is so interrupted.
7.7 We will not be liable or considered in breach of our obligations under these Terms as a direct or indirect result of any circumstance beyond our reasonable control, including but not limited to, fire, flood, power failure, act of war, terrorism, strike, lock out, industrial action, government or regulatory action, theft, fraud, misuse of computer systems, operator error, communications failures, electronic failures, computer error, system failure, mechanical failures, or unauthorised access.
7.8 Due to the nature of communication technology and the possibility of technical errors or failures, we cannot guarantee the delivery of electronic messages or postings and we shall not be liable for any failure to deliver such communications.
7.9 While we seek to apply adequate security measures to protect electronic communications on the Website and the content of the Website, we cannot guarantee that we can prevent any unauthorised interception of or access to such communications or content by third parties.
7.10 With the exception of liability under clause 7.1, our liability to you for any loss or damage suffered by you shall be limited to £500. We shall not be liable for any indirect or consequential losses, loss of profit or anticipated profit, loss of savings, damage to reputation or economic losses or for any punitive damages.
7.11 A general disclaimer relating to the Website which can be viewed through the following link www.mallowstreet.com/disclaimer forms an integral part of these Terms.
8 How will we use your information?
8.1 For the purpose of this clause 8 we make the following distinctions:
(a) “Personal Information” includes the personal details provided to us about Subscribers through the subscription or registration process or through other communications between you and us.
(b) “Profile Data” includes non-personally identifiable data concerning Subscribers including information provided to us by Subscribers, information obtained through surveys, questionnaires, profile sheets, preferences, and other communications with Subscribers, and data arising from Subscribers’ online conduct and use of the Website and may include personal details on Subscribers where the identity of the Subscriber cannot be revealed from the data and the data cannot be linked to the Subscriber.
(c) “Subscriber Contribution” includes any communication between Subscribers and Product Providers and between Subscribers and other Subscribers, forum postings, blogs, chat room discussions, the personal details of a Subscriber’s profile posted by the Subscriber on the Website and any other content or information posted, displayed or communicated by a Subscriber.
8.3 By submitting Personal Information relating to any third party (including Authorised Persons) to this Website, you confirm that you have complied with your obligations under the DPA in collecting it and submitting it to us, including having the necessary consent of the data subject for the uses of such Personal Information described in these Terms.
8.5 Subject to some exceptions, you may upon written request and payment of a fee, receive from us a copy of any of your Personal Information we hold. You should contact us at email@example.com to make such a request or if at any time you want to change your preferences about how we use or share Personal Information for marketing purposes. Please contact us at firstname.lastname@example.org with any changes to your Personal Information.
8.6 You agree that we may use Profile Data (on a non-personalised basis) in any way we wish including in the following ways:
(a) to build a picture of the aggregate preferences, types of products, services, news and information which may be of interest to Subscribers, to process and make such information available on the Website, to Product Provides or advertisers or to any other person whether publicly or in confidence;
(b) to help formulate our marketing and business strategy, to help to improve the Website, for analysing and researching our business, customers and products; and
(c) to gather information about Subscribers’ usage of the Website and in order to enhance Subscribers’ experience by tailoring the Website to meet Subscribers’ needs.
We reserve the right to use Profile Data for any lawful purpose and to share such data with third parties (including for consideration).
8.7 Subscriber Contributions may be available to all Product Providers and all other Subscribers or to any particular group of Subscribers or Product Providers as may be indicated in the Website. We will ensure that Subscriber Contributions posted for access only to a Product Provider or only to other Subscribers will not otherwise be disclosed or published.
8.8 We may ask you to indicate your consent for us and/or the Group and/or any Product Provider and /or other Subscribers to use your personal details (as provided by you in your public profile or as you may provide to your contacts on the Website) to send unsolicited marketing information to your messaging box on the Website. You will be free at any time to tell us or any Product Provider (through the messaging system on the Website or in any other way) that you do not wish such marketing information to be communicated to you.
8.9 We will display records of Subscriber Contributions on the Website for limited periods of time as we may from time to time determine appropriate or desirable. We do not promise to display any Subscriber Contribution for any period of time nor to remove Subscriber Contribution after any particular period of time. We reserve the right to keep Subscriber Contributions displayed or available on the Website indefinitely. We may keep records of Subscriber Contributions for any period of time that we deem reasonable or appropriate for the purposes of our business records, research and know-how, training and technical purposes. We do not promise to keep any such records. You will not be entitled to access such records unless such access is required under the DPA.
9 What to do if you are not happy with the Website
9.1 We aim to provide an excellent experience to Subscribers. If you feel that we are not providing this, we want you to tell us about it. Email us at email@example.com or write to us at our registered office. We aim to respond to your complaint within two working days of receiving it.
9.2 If you are not happy with the service you receive from your Product Provider, you should refer to their complaints procedures and any ombudsman or regulatory body with whom you may be able to raise your complaint.
10 INAPPROPRIATE CONTENT
10.1 The Website is intended to be an open forum for Subscribers. We welcome the sharing of news, views, ideas and opinion for mutual benefit. However, we do not endorse the comments of any third party on the Website and we do not accept responsibility for content posted by third parties. We will not tolerate Inappropriate Content on the Website.
10.2 All Subscribers should report Inappropriate Content to us immediately on becoming aware of it. Please write to us at firstname.lastname@example.org and at 26th Floor, 125 Old Broad Street, London EC2N 1AR to notify us of any Inappropriate Content of which you become aware.
10.3 We will deal with Inappropriate Content after investigating it and, if we believe it is Inappropriate Content, we may remove it from the Website. A decision to remove or not to remove any content is neither an assumption of liability for any Inappropriate Content or an endorsement of content. Nor should our decision to remove content from the Website be regarded as indicating our view that it is Inappropriate Content.
11.1 If we do not exercise or enforce any legal right or remedy, either under these Terms or any applicable law, this will not be taken to be a formal waiver of our rights and we reserve the right to exercise such rights or remedies.
11.2 If any of these Terms are determined by any court or competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed. The remaining terms, conditions and provisions will continue to be valid and enforceable to the fullest extent permitted by law.
11.3 Neither party may assign or transfer any of its rights under these Terms without the prior written consent of the other. We may assign or transfer our rights subject to our obligations under these Terms in connection with a reorganisation or sale of the business in connection with which the Website is operated or to any company within the Group for our convenience.
11.4 No term in these Terms is enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
12 Our right to vary these Terms
You will be subject to the policies and Terms in force at the time that you use the Website. We reserve the right to revise and amend these Terms from time to time. Where these Terms change we will either notify you by email or by updating the Terms on the Website. Your use of the Website will be deemed acceptance of the Terms as varied at that date.
13 Governing law and jurisdiction
These Terms are governed by English law and both parties irrevocably submit to the non-exclusive jurisdiction of the English Courts in connection with any matter arising thereto including the formation of contractual relationship, the interpretation of these Terms and their legal effect and including any non-contractual claims relating to the use of the Website.
B. Cookies Policy
Protecting and Managing your Online Privacy
By using our websites (through any device) you agree that this Cookies Policy applies to that use and that we may place these types of cookies on your device(s) in addition to any other terms and conditions which may apply.
We reserve the right to make changes to our Cookies Policy. Any such changes shall appear here and become effective immediately. Your continued use of our websites is taken as meaning that you agree to any such changes.
What is a cookie?
Cookies are files containing small amounts of information which are downloaded to the device you use when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies do lots of different and useful jobs, such as remembering your preferences, and generally improving your online experience.
For full details about our cookies, we have put together a list of the Cookies We Use (see section C below).
There are different types of cookies. They all work in the same way, but have minor differences:
First and Third Party Cookies
Whether a cookie is a first or third party cookie depends on which website the cookie comes from. First party cookies are those set by or on behalf of the website visited. All other cookies are third party cookies. We use both first party and third party cookies, which you can read more about in our list of the Cookies We Use (see section C below).
Session cookies last only for the duration of your visit and are deleted when you close your browser. These facilitate various tasks such as allowing a website to identify that a user of a particular device is navigating from page to page, supporting website security or basic functionality.
Persistent cookies last after you have closed your browser, and allow a website to remember your actions and preferences. Sometimes persistent cookies are used by websites to provide targeted advertising based upon the browsing history of the device.
Mallowstreet uses persistent cookies in a few ways, for example, to remember your username for log on so you don’t have to. We also use persistent cookies to allow us to analyse customer visits to our site, for example our cookie named mallowstreetID. These cookies help us to understand how customers arrive at and use our site so we can improve our service.
Strictly Necessary Cookies
These cookies are essential in order to enable you to move around the website and use its features. Without these cookies services you have asked for, such as managing your account, cannot be provided. These cookies don’t gather information about you for the purposes of marketing.
These cookies collect information about how visitors use a web site, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don't collect information that identifies a visitor although they may collect the IP address of the device used to access the site. All information these cookies collect is anonymous and is only used to improve how a website works, the user experience and to optimise our advertising.By using our websites you agree that we can place these types of cookies on your device, however you can block these cookies using your browser settings.
These cookies allow the website to remember choices you make (such as your user name). They may also be used to provide services you have requested such as watching a video. The information these cookies collect is anonymised (i.e. it does not contain your name, address, account details, etc.) and they do not track your browsing activity across other websites.Our site, like most websites, includes functionality provided by third parties. A common example is an embedded YouTube video. So you can easily share our content to other social platforms we have included some sharing buttons on our site. The privacy implications on this will vary from social network to social network and will be dependent on the privacy settings you have chosen on these networks. We sometimes test new designs or site features on our site. We do this by showing slightly different versions of our website to different people and anonymously monitoring how our site visitors respond to these different versions. Ultimately this helps us to offer you a better website. By using our websites you agree that we can place these types of cookies on your device, however you can block these cookies using your browser settings.
Further Information About Cookies
If you'd like to learn more about cookies in general and how to manage them, visit AboutCookies.org (www.aboutcookies.org) . If you'd like to opt out of cookies, please go to the Network Advertising Initiative website (www.networkadvertising.org). Please note that we're not responsible for the content of external websites.
C. Cookies We Use
List of First Party Cookies
Cookie Name –Level– Cookie Function
ASP.NET_SessionId–Essential– Keeps the user session ID for security reasons.
mallowstreet.com(internal cookies) –Essential– mallowstreet identifier for internal web analytics and access management tools to track site usage and role security settings
Session – Essential – mallowstreet usage session tracker to ensure login and password session data is stored or the account login process is required
Google Analytics – Visitor – Anonomised analytics to track site usage, pages viewed, referring pages and browser/device configuration
GoogleAdServing – Visitor – Provides the ability to place relevant paid for advertising on the site by mallowstreet vetted and approved content advertisers
Cookie Level Definitions:
Essential Cookies: Required for all web-site functionality needed by site visitors, including authentication, and role authorisation for specific content. These are necessary to the build of our website. These cookies do not gather any information that could be used for marketing purposes or remembering where you have been on the internet.
Editor Cookies: Required to determine the localisation settings for formatting such as date and time standards. These cookies do not track personally identifiable information that could be used for marketing purposes.
Visitor Cookies: Not required but they enable us to collect information about how users use our website, which pages they view and how they got to them. They also enable us to remember if the user has logged in previously and allow them to return without having to re-authenticate themselves in the cases they have selected the ‘Remember me’ functionality.
Host Cookies:Enable our website to serve requested content such as video streaming to best fit the capabilities of the system that is accessing our website.
Third Party Cookies
Being used by links to third party content from secure.mallowstreet.com
Third Party Cookie – Cookie Information(These cookies are only activated when a user on mallowstreet actively clicks on the third party content to visit the external site or the third party’s content within mallowstreet)
(a)Core Metrics Analytics: Core Metrics Analytics is an analytics software from IBM. This is used for producing web analytics to help us understand how users use the site. This uses both Session and Persistent cookies which are explained in more detail below. None of these cookies use personally identifiable information about you.
(b)Third Party Applications or Services: mallowstreet provides third party applications to the users of mallowstreet in the form of iFrames or external links to the third party services or websites. These third party applications or services are clearly indicated as such (including Asset TV, Twitter, LinkedIn, etc.).
mallowstreet does not pass identifiable information onto third party application providers or their representatives without express prior consent.
mallowstreet does not sell advertising through intermediary agencies and does not use externally logged third party advertising tracking software or functionality. Mallowstreet does not pass identifiable information onto third party advertisers or their representatives without express prior user consent.
WWW.MALLOWSTREET.COM PRIVACY NOTICE
The Website is designed as a search engine and information portal for the pensions, insurance and associated industries for use by experienced and authorised investment professionals and by product providers who offer financial products and services to the pensions and insurance industries (“Product Providers”). The content and facilities of the Website are made available to users who register with us and who are given permission to access the Website (“Subscribers”). The Website is designed to enable and assist Subscribers to learn about, research, compare and share information and views on financial products and services which may be relevant to their business or professional activities in the pensions, insurance and related financial industries, to allow Product Providers to represent and advertise their products and services and to enable Product Providers and Subscribers to communicate with each other in order to obtain further information and understanding of such products and services (“ the Services”).
1. Personal Information collected
2. Data anonymization and aggregation
4. Grounds for using your Personal Information
5. Data disclosure and data sharing
6. Data transfers
8. Updating and obtaining copies of your Personal Information
9. Direct Marketing and managing your preferences
11. Our third-party use of "cookies" and "action tags."
12. You should carefully review privacy policies of any third-party sites accessible from the Website.
13. Contacting us about privacy questions or concerns.
1. Personal Information Collected
Subscribers are invited to contribute content to the Website, complete a profile page (which is available to the other members of the mallowstreet community) containing personal information as part of their account, participate in forum discussions and communicate with other Subscribers and with Product Providers (“Open Contributions”). We will collect and store copies of the Website and its content on a regular basis including records of all Open Contributions.
2. Data anonymization and aggregation
We monitor usage of the Website by Subscribers and collect and process statistical information on a non-personally identifiable basis about Subscribers, their profile, preferences and use of the Website. This includes the information which is otherwise Personal Information except that it is processed on an anonymous basis and cannot be linked to specific individuals or entities. On an aggregated basis, we collect anonymous data related to the pages, downloads and other content that is sampled, clicked on, streamed, searched for transferred from and downloaded (“Profile Data”). This data will not be subject to the relevant sections of this Privacy and Cookies Policy.
Our main purposes in collecting and holding Personal Information from Subscribers are (i) to verify that each Subscriber is a suitable Subscriber for the Website and to ensure that only users at whom the Website is aimed are using the Website; (ii) to monitor and maintain the security of the Website and to protect the Website and other Subscribers and Product Providers against abuses; (iii) to meet our legal and regulatory obligations, to prevent the Website from being used for fraud and other unlawful activities; (iv) to enable us to communicate with you; and (v) to enable us to build up a picture of your preferences, the types of products, services, news, services and facilities which may be of interest to you and create a more personalised online experience for you, to enhance your experience and to tailor the Website to your preferences and usage. We may also share your Personal Information with third parties who provide services to us. Those third parties include authorised contractors, temporary employees and consultants and other companies working with us (collectively, "agents"). We will require our agents not to disclose or use your Personal Information for purposes other than to provide services to you or to Mallowstreet to process your Personal Information only in accordance with our instructions. Please refer to the section “Data disclosure and data sharing” in relation to other third parties who may collect information from you or with whom we may share your Personal Information.
We reserve the right to use and share Profile Data at our discretion. We may use Profile Data for any purpose but we intend to use it specifically to build a picture of the aggregate preferences, types of products, services, news and information which may be of interest to Subscribers, to process and make such information available on the Website, to Product Provides or advertisers or to any other person whether publicly or in confidence; to help formulate our marketing and business strategy, to help to improve the Website, for analysing and researching our business, customers and products; and to gather information about Subscribers’ usage of the Website and in order to enhance Subscribers’ experience by tailoring the Website to meet Subscribers’ needs.
Online Surveys and Polling
In order to improve our services, we may from time to time ask you to voluntarily complete surveys, which may be collected by an independent third party. Individual survey answers are confidential, although Profile Data is collected and disclosed to third parties. If you do not wish to participate in a survey, simply decline to participate when asked.
Newsletters, Promotional E-mails and Personalised On-line Advertisements
We and any Product Providers may wish to contact you through the messaging system on the Website to offer information on financial products and services, newsletters and other promotional communications. The purpose of the Website is to provide a forum for exchange of information and a facility for communication between Product Providers and Subscribers. Accordingly, we will ask you to indicate your consent to receiving unsolicited promotional communications from us, from Product Providers and other Subscribers. You may at any time advise us or any Product Provider or other Subscriber, through the messaging system on the Website or through any other means, that you do not wish to receive such promotional communications.
Contact Information and Third-Party Data
We also track Subscribers’ traffic patterns throughout their online session, including which pages, information and advertisements a Subscriber views while using the Website. We use your IP address to diagnose problems with our servers, software, to administer the Website and to gather demographic information.
Cookies and Action Tags/Web Beacons
4. Grounds for using your Personal Information
We rely on the following legal grounds to process your Personal Information, namely:
• Performance of a contract – We may need to collect and use your Personal Information to enter into a contract with you or to perform a contract that you have with us (e.g. to deliver the Website services).
• Consent – Where required by applicable laws, we will rely on your consent for direct marketing.
• Legitimate interests – We may use your Personal Information for our legitimate business interests (which is not overridden by your data protection interests), to provide services and to improve our products and services.
5. Data disclosure and data sharing
Open Contributions will be available to all Subscribers and Product Providers.
With your prior consent we may share your Personal Information with Product Providers with whom you communicate through the Website, in order to enable the Product Provider to keep the records required in order to comply with its legal and regulatory duties.
Other Parties Generally
We may provide Profile Data about users' traffic patterns, and related site information to third parties, but these statistics do not include any Personal Information that may be linked to specific Subscribers. We may disclose Personal Information to third parties if we believe that such disclosure is reasonably necessary to enforce or apply the Website terms of service or to protect the rights, property, and safety of Mallowstreet, the Website, other Subscribers or Product Providers or others. We may also share your Personal Information with third parties who provide services to us.
Marketing Partners, Co-Branded Services
Links and Banner Advertisements to Third-Party Sites
Advertisement & Content Servers, Advertisers, Image Servers and Website Analysis Agents
We may use Advertisement & Content Servers, Advertisers, Image Servers and Website Analysis agents to serve advertisements and graphics that Subscribers see on the Website more quickly, send promotional emails and help manage our internet business and marketing by measuring the effectiveness of our advertising and how Subscribers use the Website.
Legal Proceedings and Law Enforcement
Occasionally Mallowstreet may be asked by regulators, law enforcement or judicial authorities to provide Personal Information on Subscribers. We will disclose such information upon receipt of a court order, subpoena, or request from a regulatory or law enforcement authority. Mallowstreet will co-operate fully with law enforcement agencies to identify those who use the Website for illegal activities. We reserve the right to report to law enforcement agencies any activities that we believe to be unlawful.
Sale of the business
We reserve the right to disclose and transfer your Personal Information in the event that Mallowstreet or the business activities relating to the operation of the Website are sold or transferred, in whole or in part to another person or entity.
6. Data Transfers
Your Personal Information may be transferred outside your own country. In particular, your Personal Information may be transferred to countries or territories outside the European Economic Area. Mallowstreet will seek to ensure your Personal Information is protected in those other countries or territories in accordance with applicable privacy law.
How long we keep information we collect about you depends on the type of information, as described in further detail below. After the relevant time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.
Account information: We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.
Information you share on the Services: If your account is deactivated or disabled, some of your information and the content you have provided will remain in order to allow your team members or other users to make full use of the Services. For example, we may continue to display content you provided unless you request for content to be deleted.
Managed accounts: If the Services are made available to you through an organization (e.g., your employer), we retain your information as long as required by the administrator of your account.
Marketing information: If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
8. Updating and obtaining copies of Your Personal Information
We encourage you to promptly inform us with any updates required to your profile or information when they change at email@example.com. You may ask to have the information on your account deleted or removed; however, because we "back up" the data stored on our systems, as a security measure, such prior information cannot be completely removed from our databases. As a result, although efforts will be made to ensure that data is not kept for longer than is necessary, you should not expect that all your Personal Information will be completely removed from our backed-up databases.
You may request from us a copy of any of your Personal Information we hold. You should contact us in writing to make such a request or if at any time you want to change your preferences about how we use or share Personal Information for marketing purposes. Please contact the data protection team at firstname.lastname@example.org.
9. Direct Marketing and Managing your Preferences
We are committed to ensuring appropriate security for your Personal Information as required by the data protection legislation. Although absolute security cannot be guaranteed, the Website has in place measures to protect your Personal Information. So that you can send your details to us with confidence, all the information above is transmitted using SSL encryption.
Your Personal Information is kept on password protected, limited access servers. Wherever possible and applicable, Mallowstreet servers reside behind a corporate firewall that maintains controls on access to the system from both our internal network and the Internet. Access to your Personal Information is allowed only to staff that require such access and we require our staff to keep that information in confidence and to keep it secure. We require any third party that receives your Personal Information to maintain adequate technical and organisational measures to ensure the security of the information.
11. Mallowstreet and third-party use of "cookies" and "action tags."
(a) to retain information for the duration of your visit so you can conveniently move between pages on the Website;
(c) if you register your details with us, to gather and store information about how you use the Website each time you visit. This helps us build on ongoing picture of your needs and preferences so that we can tailor future visits to the Website according to your particular usage.
Advertisement Server and Content Server Cookies: We may use an outside ad serving company or content server to display banner advertisements and other information on the Website or to serve promotional emails or personalised on-line advertisements. As part of their service, they place a separate cookie on your computer. Except for the entity that serves our promotional emails and personalised on-line advertisements, Mallowstreet does not provide third-party advertisement servers with any of your Personal Information. Mallowstreet and its third party advertisement servers do collect and use Profile Data which may include your computer’s IP address, browser type, the URLs from which you came, referring site's domain types (e.g., .com), operating system, the country, the server your computer is logged onto, where the servers that your computer is logged onto is located, the pages of the Website and products that Subscribers viewed during their visit, where an advertisement was placed on a specific Website page, the time and date particular advertisements were served, the post code associated with your server and whether you responded to a particular advertisement, and a receipt identifier.
Action Tags, Web Beacons and other Data Collection Methods: An action tag or a web-beacon (also known as a clear gif or a pixel tag) is a method used to track responses or actions by customers who view certain advertisements or other information on a website. Action tags are 1x1 pixel images embedded in a website page that are used to transparently collect information. Our advertisement server, content servers, affiliate program manager and website analysis agents may use action tags to count the number of times that visitors click on a particular banner ad or visit the pages of the Website and to provide information about what products are viewed. Without collecting any personal Information, they use that data to tell us (and other advertisers) which advertisements are the most effective on particular sites.
E-mail Distributor's Use of Action Tags: Our third-party e-mail distributor may also use action tags. They may, for example, keep track of when a promotional e-mail is opened and provide Mallowstreet with ongoing aggregated reports of how many customers have responded. We share with them anonymously, Profile Data about Subscribers who have received a promotional e-mail or other targeted promotional campaign. They use the information for the purpose of targeting future campaigns and upgrading Subscriber information used in reporting statistics. For this purpose, we and our third-party e-mail distributor note some of the pages you visit on the Website through the use of action tags.
12. You should carefully review privacy policies of any third-party sites accessible from the Website.
13. Contacting Mallowstreet Ltd about privacy questions or concerns.
Attn: Privacy Compliance Officer
In the period leading up to the implementation of the General Data Protection Regulation the ICO is regularly updating their guidance, so we there may be some changes to this policy in the coming months.