Legal & Privacy Policy

Website Terms of Use

1. Flying Colours Advice Limited principal firm details

Flying Colours Advice Limited
1301 Ocean House
The Ring
Bracknell
Berkshire
RG12 1AX

2. Our regulator

Flying Colours Advice Limited, trading as Flying Colours, is authorised and regulated by the Financial Conduct Authority (FCA), our FCA registered number is 672022.

You can check this by visiting the FCA’s website www.fca.org.uk/register or by contacting them directly on 0800 111 6768, or at The Financial Conduct Authority, 12 Endeavour Square, London, E20 1JN.

We are registered in England under No. 09075635, you can check this by visiting https://beta.companieshouse.gov.uk.

3. Flying Colours Website

Welcome to our website. By visiting and continuing to browse and use our website, you are agreeing to comply with and be bound by the following Terms & Conditions of usage, and our Privacy and Cookie Policy which can be found by clicking on this link, which together form and govern Flying Colours Advice Limited’s relationship with you in relation to this website.

If you disagree with any part of these Terms & Conditions of usage, please do not use our website.

4. Use of our Website

The use of our website is subject to the following terms of use:

4.1. Accuracy

We have taken all reasonable steps to ensure that any information, bulletins, data, services, systems and other forms of content published on the website is accurate and up-to date.

We regret, that no liability can be accepted for any errors or omissions, we reserve the right at any time to change the content, presentation and availability all the website without prior notification.

The content of the pages of this website is for your general information and use only and should not be construed as advice under the Financial Services and Markets Act 2000.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change any part of our site without notice.

4.2. Copyright

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator is acknowledged on the website.

4.3. Links

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse those website(s). We have no responsibility for the content of the linked website(s). For further information, see our cookies and privacy policy.

4.4. Legal

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

You agree not to reproduce, duplicate, copy or re-sell any part of this website in contravention of the provisions of our terms of website use.

You agree not to access without authority, interfere with, damage or disrupt any part of this website; any equipment or network on which this website is stored; any software used in the provision of this website; or any equipment or network or software owned or used by any third party.

You are responsible for making all arrangement necessary for you to have access to our site.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

You may not use this website in any way that breaches any applicable local, national or international law or regulation or in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms of use.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

We will not be liable in any way to you or any other user for any loss or damage, whether in contract or tort or otherwise, even if foreseeable, connected with your use of (or inability to use) our site or our content. For the avoidance of doubt such loss or damage includes, but is not limited to, loss or damage caused by viruses, trojan horses or other malicious code.

Your use of this website and any dispute arising out of such use of this website is subject to the laws of England, Northern Ireland, Scotland and Wales.

5. Changes to the acceptable use of the policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

If you have any questions about our website or these site terms, please contact us.

Thank you for reading and visiting our website.

Privacy Notice

Flying Colours Advice Limited (Flying Colours) is authorised and regulated by the Financial Conduct Authority (FCA) under Firm Reference Number 672022 and this can be checked by accessing the FCA Register.

This privacy notice explains how we use any personal information we collect about you. Flying Colours is also registered with the Information Commissioners Office (ICO) as a Data Controller. Our ICO reference number is ZA113682.

Security

We take data security seriously and will always hold your information securely. We use encryption to protect all customer information and have robust internal processes to safeguard your data.

What data do we gather and how do we use it?

We collect information about you when you engage us, or one of our partner firms, for financial planning services. This information will relate to your personal and financial circumstances. It may also include special categories of personal data, such as data about your health.

We may also collect information when you voluntarily complete client surveys or provide feedback to us.

Information relating to usage of our website is collected using cookies. These are text files placed on your computer to collect standard internet log information and visitor behaviour information. We’ll use your information collected from the website to personalise your repeat visits to the site.

We carry out marketing activities for prospective clients on social media and other online platforms. We provide information about our financial advice services that we offer which you might be interested in. Where you have requested our educational materials, we will obtain your name, email address and phone number. We may wish to contact you via telephone to discuss our service offerings further, and when you receive our materials, you will be able to notify us that you do not wish to receive such a call or further marketing, at which point communications will be ended.

Why do we need to collect and use your personal data?

The primary legal basis we use for processing your data is for the performance of our contract with you. The information that we collect about you is essential for us to be able to provide you with financial planning advice and to carry out the services that you require from us effectively. Without collecting your personal data we’d also be unable to fulfil our legal and regulatory obligations.

As we will require special category data (i.e. related to your health) to provide our services, we’ll obtain your explicit consent in order to collect and process this information.

How will we use the information about you?

We collect information about you in order to provide you with the services for which you engage us.

Who might we share your information with?

Unless otherwise instructed in writing, we may disclose your personal data to product and platform providers, Life offices, and partner financial advisory firms for the purposes stated above. We may also disclose your personal data to other third parties as we believe is reasonably necessary to provide our services. If we are under a duty to disclose or share your personal data, we may do so in order to comply with any legal or regulatory obligation, or in order to enforce or apply our website terms of use and other agreements, or to protect the rights, property, or safety of Flying Colours, our customers, or others. To fulfil our obligations in respect of prevention of money laundering and other financial crimes we may send your details to third party agencies for identity verification purposes.

We may pre-populate third party forms with the information you provide us. This may be performed manually or through secure and encrypted data transfers. Where this happens, it is your responsibility to check that the pre-populated data fields are correct and up to date before we submit a provider application. We can accept no responsibility for any problems with applications to third party companies that arise from pre-populated data fields.

Where it’s necessary for your personal data to be forwarded to a third party we’ll use appropriate security measures to protect your personal data in transit.

How long do we keep hold of your information?

Your personal data shouldn’t be held for longer than is required under the terms of our contract for services with you. However, we’re subject to the regulatory record-keeping requirements of the FCA and must retain data for specified minimum periods. Where necessary, we reserve the right to retain data for a longer period where it may be required to defend a future claim against us. In any case, we’ll not retain your personal data for longer than 5 years from the end of our regulatory obligation to do so.

The only exception to this relates to any advice we provide regarding Defined Benefit Pension Scheme transfers or opt-outs, where we are required to retain records indefinitely under FCA Rules.

Your data protection rights

The Data Protection Act controls how we use the information we collect about individuals by setting out several principles which we abide by at all times. Under data protection law, you have rights including:

• Your right of access – You have the right to ask us for copies of your personal information.
• Your right to rectification – You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
• Your right to erasure – You have the right to ask us to erase your personal information in certain circumstances.
• Your right to restriction of processing – You have the right to ask us to restrict the processing of your personal information in certain circumstances.
• Your right to object to processing – You have the right to object to the processing of your personal information in certain circumstances.
• Your right to data portability – You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.

You are not required to pay any charge for exercising your rights. However, we do reserve the right to apply a reasonable fee should the request be unfounded or excessive. If you make a request, we have one month to respond to you.

If you would like to request a copy of your personal information, then please write to:

Data Protection Officer
Flying Colours Advice Limited
1301 Ocean House
The Ring
Bracknell
RG12 1AX

Additionally, if you believe that any information, we hold about you is incorrect or incomplete, please write to us at the above address. We will amend any information that is incorrect.

Marketing

We will not sell, distribute, or lease your personal information to third parties for marketing purposes unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting, if you allow us.

You have a right at any time to stop us from contacting you for marketing purposes. If you no longer wish to be contacted for marketing purposes, please inform us by email or post.

Cookies

We use cookies to track visitor use of the website and to compile statistical reports on website activity.

For further information visit http://www.allaboutcookies.org/

You can set your browser not to accept cookies and the above website tells you how to remove cookies from your browser. However, in a few cases some of our website features may not function as a result.

What are Cookies?

Cookies are small text files which are placed on the computer of a website user to provide the website operator with information about use of our site. They are used to enable websites to function or to provide information to the owners of a website and they are used to improve website users’ experience by remembering preferences and personalising content and making sure users are finding what they need easily.

A cookie doesn’t give us access to your computer or any information about you, other than the information you choose to share with us. Most web browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may not be able to use certain features of our website.

No personally identifiable information is stored on these cookies or web pixels. We may use this information to understand the effectiveness of our advertising and marketing.

The types of Cookies we use:

Analytical / performance cookies

These cookies allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. Heat Mapping and Visitor Recording services are used to display the areas of a page where Users most frequently move the mouse or click. This shows where the points of interest are and help us to improve your experience when using our website. These services make it possible to monitor and analyse web traffic and keep track of User behaviour.

Strictly necessary cookies

These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website and use our services.

Functionality cookies

We use these cookies to analyse website traffic. We use the information we collect to improve the onsite experience for users by tailoring the information presented to you.

Targeting cookies

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These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

We allow these third parties to use tracking pixels. These may be used to collect and hold information about visits to our website, such as which pages are viewed and how long is spent on our website, as well as the advert that you clicked to visit our site.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Links from our site

Our website contains links to other websites which we believe may be of interest to you. If you follow a link to another website, you may wish to read the privacy policy of that website. If you have arrived at our site via a link from another website, you may wish to read the privacy policy of that site. Please be aware that our cookies and privacy policy apply to our website only and we can accept no responsibility for how websites that are not under our control may use any data you provide them.

By using this site and by submitting your personal data, you consent to processing of your personal data in accordance with our Site Terms of Use and this Cookie and Privacy Policy and you warrant that all data provided by you is accurate.

What can you do if you are unhappy with how your personal data is processed?

You also have a right to lodge a complaint with the supervisory authority for data protection. In the UK this is:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

0303 123 1113 (local rate)

Changes to our privacy policy

We keep our privacy policy under regular review, and we’ll place any updates on this web page (and/or) inform you of any changes when they occur. This privacy policy was last updated on 29th December 2022.

How to contact us

Please contact us if you have any questions about our privacy policy or information we hold about you:

• By email at dpa@fcadvice.co.uk
• Or write to us at Flying Colours Advice Ltd, 1301 Ocean House, The Ring, Bracknell, Berkshire, RG12 1AX.

Data Protection Statement

This is a statement outlining how Flying Colours meets its obligations under the Data Protection Act 1998 (“the Act”). The policy is subject to regular review to reflect, for example, changes to legislation or the structure or policies of Flying Colours. All staff are expected to comply with the policy.

Flying Colours needs to collect and use certain types of information about people with whom it deals in order to operate.

These include current, past and prospective customers, Flying Colours’ own employees, suppliers and others with whom Flying Colours conducts business. This personal information must be dealt with properly however it is collected, recorded and used – whether on paper, electronically, or other means – and there are safeguards to ensure this in the Data Protection Act 1998.

We regard the lawful and correct treatment of personal information by Flying Colours as important to the achievement of its objectives and to the success of its operations, and to maintaining confidence between those with whom we deal and ourselves. We therefore need to ensure that its organisation treats personal information lawfully and correctly.

To this end, we fully endorse and adhere to the Principles of data protection, as set out in the Data Protection Act 1998.

The eight Principles require that personal information:

• shall be processed fairly and lawfully and, in particular, shall not be processed unless specific conditions are met;
• shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes;
• shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed;
• shall be accurate and, where necessary, kept up to date;
• shall not be kept for longer than is necessary for the specified purpose(s);
• shall be processed in accordance with the rights of data subjects under the Act;
• should be subject to appropriate technical and organisational measures to prevent the unauthorised or unlawful processing of personal data, or the accidental loss, destruction, or damage to personal data;
• shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

Flying Colours will, through appropriate management and strict application of criteria and controls:

• observe fully conditions regarding the fair collection and use of information;
• meet its legal obligations to specify the purposes for which information is used;
• collect and process appropriate information only to the extent that it is needed to fulfil its operational needs or to comply with any legal requirements;
• ensure the quality of information used;
• ensure that the information is held for no longer than is necessary;
• ensure that the rights of people about whom information is held can be fully exercised under the Act (i.e. the right to be informed that processing is being undertaken, to access one’s personal information; to prevent processing in certain circumstances, and to correct, rectify, block or erase information that is regarded as wrong information);
• take appropriate technical and organisational security measures to safeguard personal information;
• ensure that personal information is not transferred abroad without suitable safeguards.

To comply with the Act and its principles, Flying Colours has created and implemented various internal policies and procedures, available to all staff, outlining individual and organisational data protection responsibilities and providing detailed guidance on internal data protection procedures.

Pillar 3 Disclosure

Flying Colours Advice Limited – As at 31 December 2021

Introduction

The Pillar 3 disclosure of Flying Colours Advice Limited (“Flying Colours”) is set out below as required by the Financial Conduct Authority’s (“FCA”) ‘Prudential Sourcebook for Banks, Building Societies and Investment Firms’ (“BIPRU”). The BIPRU disclosure rules implement the European Union’s capital adequacy requirements and the Basel Committee Recommendations.

The capital adequacy framework for investment management firms, such as Flying Colours, consists of three “Pillars”:

1. sets out the minimum capital requirements of firms to cover credit, market and operational risk;
2. Deals with the Internal Capital Adequacy Assessment Process (“ICAAP”) undertaken by a firm and the supervisory review and evaluation process through which the firm and regulator satisfy themselves of the adequacy of capital held by the firm in relation to the risks it faces; and
3. requires the firm to publish its objectives and policies in relation to risk management, and information on its risk exposure and capital resources.

We are permitted to omit required disclosures if we believe such information is confidential, or regarded as proprietary, or if we believe the omission would not in any way influence the decision of a reader relying on such information. Flying Colours has made no omissions on these grounds.

Background to Flying Colours

Flying Colours is an investment management and financial planning advisory firm based in Bracknell and incorporated in England and Wales as a private limited company on 6 June 2014. Flying Colours formally commenced business on 17 December 2015. Flying Colours is authorised and regulated by the Financial Conduct Authority (firm reference number: 672022). The effective date on which Flying Colours received its authorisation from the FCA was 17 December 2015.

Flying Colours is authorised and regulated by the FCA and is a BIPRUFirm for regulatory capital purposes. Flying Colours does not hold client money or assets.

Flying Colours is a sole entity and is not part of any group. As such it makes this Pillar 3 disclosure on a solo basis.

Frequency

Flying Colours will be making Pillar 3 disclosures annually (as soon as possible after the publication of its annual accounts) or more often, as appropriate.

Media and Location

This disclosure is published on the Flying Colours website.

Verification

The information contained in this document has not been audited by Flying Colours’ external auditors and does not constitute any form of financial statement. The disclosures are subject to external verification only to the extent that they have been taken from our audited financial statements. The disclosures should not be relied on in making judgements about Flying Colours.

Materiality

Flying Colours regards information as material in disclosures if its omission or misstatement could change or influence the assessment or decision of a user relying on that information for the purpose of making economic decisions. If Flying Colours deems a certain disclosure to be immaterial, it may be omitted from this statement.

Confidentiality

Flying Colours regards information as proprietary if sharing that information with the public would undermine its competitive position. Proprietary information may include information on products or systems which, if shared with competitors, would render Flying Colours’ investments therein less valuable. Further, Flying Colours must regard information as confidential if there are confidentiality or other such obligations to customers or other counterparty relationships or employees or members.

Risk assessment and management

Risk Management Objective

Flying Colours has a risk management objective to develop systems and controls to mitigate risk to within its risk appetite. This overall risk appetite is low.

Governance and Risk Management

Flying Colours is a limited company which has a Board of Directors (the “Board”) which assumes overall responsibility for overseeing its governance. The Board is responsible for the decision and implementation of Flying Colours’ governance and risk management framework. The Board meets on a quarterly basis specifically to monitor and investigate any Compliance and Operational Risk aspects of Flying Colours’ activities.

The quarterly Compliance and Operational Risk meetings oversee Flying Colours’ activities in relation to its regulatory obligations. Flying Colours has defined key performance indicators and management information metrics, that provide a quantitative overview of the operation, and are aligned with the risks as outlined within this document.

Adviser App Terms of Business

1. Flying Colours, firm details

Flying Colours Advice Limited
1301 Ocean House
The Ring
Bracknell
Berkshire
RG12 1AX

Telephone: 0333 241 9900

Website: https://www.flying-colours.local

Registered in England under No. 09075635

Authorised and regulated by the Financial Conduct Authority (FCA) under No. 672022

Trading as Flying Colours.

2. Information Commissioners Office (ICO)

Flying Colours is registered with the ICO as a Data Controller under No. ZA113682

3. Data Subject & Data Controller

Flying Colours is the Data Controller and is responsible for personal data that we hold on our systems. We have appointed a data protection officer (DPO) who is responsible for overseeing and answering any questions you may have with regards to this privacy policy.

Personal data, or personal information, is any information with regards to an individual that can be used to identify that person.

Full name: Flying Colours Advice Limited

Data Protection Officer: Garry Appleton

Postal address: 1301 Ocean House, The Ring, Bracknell, Berkshire, RG12 1AX.

You have the right to make a complaint to the Information Commissioner’s Offices (ICO), who are the UK supervisory authority for data protection. You can contact the ICO in the following ways: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF\
Telephone: 0303 123 1113\
Website: https://www.ico.org.uk

4. Terms of the App

The Terms in this document are between you and us and contain important information with regard to the services we will provide to you, so, for your own benefit and protection, please read these terms carefully before registering for our services. If there is anything contained within these terms that you do not understand please do not hesitate to get in touch for further information.

Welcome to the Flying Colours Mobile Lead Application (the “App”). This App is for partners of Flying Colours Advice Limited Lead Generation Services.

4.1. Who can use the App?

To use the App, you are agreeing to the following:

• Our terms of use
• You have an authorised agreement with Flying Colours
• You and your company are based in the United Kingdom
• You are above the age of 16 years
• The App can only be used on a mobile device that you own or control, you cannot use this App on any device that you don’t own, control or have permission to use.These “terms” are between you and us therefore please read them carefully. By using the App, you are agreeing to the “terms” and continuing to use the App, you agree to be bound by these “terms”.
  If you do not agree to these “terms”, you are not permitted to use the App or any of the services provided via the App. With immediate effect, the App must be deleted.

4.2. Cost of the App

We do not charge for the App or to use the App (however, mobile changes may be applied by your network operator and you should check before using this App).
The App does require a data connection of your device when information is sent or received. You are responsible for all network, data or other charges that you will incur when using the App. You are also responsible for complying with any terms of your communications provider.

4.3. Apple (App Store)

The “terms” of service for the Apple App Store (including any updates) will also apply. If you do not agree to these “terms” and updates, you are no permitted to use the App or any of the services provided via the App. With immediate effect, the App must be deleted.

The App is compatible with iOS 9 and above.

Future updates to the App may be issued through the Apple App Store, depending on the update, the App and services may not be able to use until the update to date version has been fully downloaded and any new terms accepted.

4.4. Google (Play Store)

The “terms” of service for the Google Play Store (including any updates) will also apply. If you do not agree to these “terms” and updates, you are no permitted to use the App or any of the services provided via the App. With immediate effect, the App must be deleted.

The App is compatible with android version 23 and above.

Future updates to the App may be issued through the Google Play Store, depending on the update, the App and services may not be able to use until the update to date version has been fully downloaded and any new terms accepted.

4.5. Changes and updates to the Terms

We may make reasonable and appropriate changes to these “terms”, to either improve our services, or due to legal and regulatory updates. We will notify you of any changes that may affect you.

4.6. Unclear or do not understand Terms

Should any of the “Terms” be unclear, you do not understand them, or you wish to discuss the App, please contact us via the details confirmed under section 1, Flying Colours, firms’ details.

4.7. UK & Scottish Governing Laws

Flying Colours can only provide services to clients who are resident in the UK; therefore, these “terms” will be governed by the laws and jurisdiction of English courts and English Laws.

4.8. License

Upon completing registration and acceptance by Flying Colours, you will be granted a non-assignable, non-transferrable licence to download and use our App for the purpose of accessing our lead services provided by Flying Colours on your mobile device. This licence does not give you the right to copy, reproduce, adapt or modify the whole or any part of the App in any way or transfer this right to anyone else.

Flying Colours Advice Limited always remains the owner of the App.

This licence doesn’t grant you access to Flying Colours Advice Limited platform, website or client information held.

5. Using the App

By accepting our terms, you are agreeing to the following:

5.1. Camera

As a part of the initial registration, the App will require the use of your camera on your device to sign into the application.

5.2. Device

The App can be used on any mobile device that you own or control, you cannot use this App on any device that you do not own, control or have permission to use.

Should you sell or transfer ownership of your mobile device, you must delete the App before doing so. Flying Colours will not accept any responsibility, should the App not be removed.

5.3. Security

5.3.1 Mobile App

Once granted access to the mobile App you will be issued with a username and password (default password must be changed upon logging onto the system) through the Flying Colours authentication system. You must memorise the password and take all reasonable precautions to ensure the password is not taken and used by any other individual. For instance, the password must not but, not limited to:

• Be written down or disclosed to anyone else
• Be recorded in a way that it could be understood by anyone else
• Be stored on a computer/mobile or tablet so that the device can prepopulate the password code fields

5.3.2 Mobile device

Your mobile device can only be accessed through a PIN code. You must memorise the PIN code and take all reasonable precautions to ensure the PIN code it is not taken and used by any other individual. For instance, the PIN must not (but not limited to):

• Be written down or disclosed to anyone else
• Be recorded in a way that it could be understood by anyone else
• Be stored on a computer/mobile or tablet so that the device can prepopulate the PIN code fields
• Each of the devices linked to your account will be granted a security token, that is valid for three months. This token must be renewed every three months if you wish to continue using the App and can only be linked to one device.

5.3.3 64-bit requirement

Our App already support CPUs armv7 and arm64 as per requirements.

5.4. Client Data

Client data will be provided to app users via the app. Clients have given their explicit consent to us to provide users with this data.

6. Services

The App will be used to provide you with financial advice leads. Users will use the app to report on the progress of those leads, including data of any transactions arising between the lead and the user.