TERMS AND CONDITIONS
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: Malta House, 36-38 Piccadilly, London, W1J 0DP, United Kingdom
Business Address: Ariel House, 74A Charlotte Street, London W1T 4QJ.
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.
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.
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.
Framing or embedding of our websites on other websites is not permitted.
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.
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:
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.
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.
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.
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:
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:
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.
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.
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.
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.
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.
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”).
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.
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 18th March 2022.
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, www.smcrcompliance.com, www.capricornfundmanagers.com and www.secure.metiorhub.com/rqcgroup 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.
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.
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:
– Business activities.
– Email address;
– Telephone number.
Website Usage Related 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:
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.
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:
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.
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.
Under the GDPR, you have the following rights:
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.
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
74A Charlotte Street
London W1T 4QJ
T: + 44 (0) 207 958 9127
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
74A Charlotte Street
London W1T 4QJ
T: +44 (0) 207 958 9127
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.
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 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.