General Information

By accessing these pages, you shall be deemed to have accepted, and agreed to be bound, by the terms of these legal notices which shall be governed by the Law of England. Serenity Financial Planning Limited is authorised and regulated by the Financial Conduct Authority in the conduct of investment business. Financial Planning which does not involve the advising or selling of any financial products is not regulated by the Financial Conduct Authority. Tax advice which contains no investment element is not regulated by the Financial Conduct Authority either. Other areas of advice which are not covered by the Financial Services Act will be clearly identified and brought to your attention.

While Serenity Financial planning has taken all reasonable care to ensure that the information contained within the pages of this site is accurate and complies with the relevant United Kingdom legislation and regulations as at the date of issue, no liability can be accepted for any errors or omissions, or for this information becoming out of date.

Registered in England Number: 5800712

Advice

The pages on this site have been prepared by Serenity Financial planning for the general interest of readers. They are not intended to be a definitive analysis of equity or other markets. Nothing constitutes advice to undertake a transaction and professional advice should be taken on specific issues and before any course of action is pursued.

Investment Returns

The value of any investment and the income from it is not guaranteed and can fall as well as rise, so that you may not realise the amount originally invested.

Past performance should not be taken as an indication of future performance.

Changes in exchange rates could affect the value of your investments. Movements in foreign exchange rates can impact both on the level of income received and the capital value of the investment.

Where portfolios are managed by Serenity Financial planning each is managed to an agreed risk rated asset allocation to suit the needs and requirements of each individual client. We recommend those investments that we consider appropriate for inclusion in each portfolio. If we recommend a particular investment for inclusion in one portfolio it does not imply that it is suitable for any other portfolio.

In the case of some investments, you should be aware that there is no recognised market for them, and that it may therefore be difficult for you to deal in them or for you to obtain reliable information about their value or the extent of the risks to which they are exposed. Certain investments carry a higher degree of risk than others and are, therefore, unsuitable for some investors. It may be possible to lose all your initial capital in certain types of investments. Before contemplating any transaction, you should consider whether you require financial advice, which we would be pleased to provide upon request.

The information in this document is not intended as an offer or solicitation to buy or sell securities or any other investment or banking product, nor does it constitute a personal recommendation.

Taxation

Any levels of taxation referred to depend on the individual circumstances of the investor and the value of tax reliefs are those which currently apply.

Compensation

We are covered by the Financial Services Compensation Scheme. Clients may be entitled to compensation from the scheme if Serenity Financial planning cannot meet its obligations. This depends on the type of business and the circumstances of the claim. Most types of investment business are covered for 100% of the first £30,000 and 90% of the next £20,000, so the maximum compensation is £48,000. Further information about compensation arrangements is available from the Financial Services Compensation Scheme.

Residence

The pages on this site are prepared and issued in the United Kingdom and are intended for the information of United Kingdom residents only.

Copyright

All rights reserved. Copyright in the pages of this site, in the screens displaying the pages and in the information and material contained therein and their arrangement, is owned by Serenity Financial planning, unless otherwise indicated.

Licence to copy

You may copy any of the materials contained in the Serenity Financial planning provided that you comply with the following Licence Conditions:

  • In all cases, the item or article must be copied in full without addition, deletion or alteration
  • You may print a hard copy of any item for your personal use or for use by others within your organisation
  • You may download any item to a hard disk provided that such disk is accessible only by you or by others within your organisation
  • You may provide a copy of any item to a third party for their personal use provided that:
    • the copy identifies the Serenity Financial planning web page as the source of the material
    • the copy includes the Serenity Financial planning web address
    • the copy is not incorporated into any other work or publication
    • you do not supply the copy for payment or other direct commercial gain
    • you notify the third party that these Licence Conditions also apply to him and that he must comply with them in respect of the copy.
  • If you wish to copy or reproduce any materials contained in the Serenity Financial planning website in a manner not permitted by the above Licence Conditions, please contact us.

Serenity Data Retention policy

BACKGROUND

In order to provide you with financial planning services we will collect and hold personal data about and on you.  We are also required to comply with the General Data Protection Regulation (Regulation (EU) 2016/679 (the “GDPR)) and as such hereby set out how we process your data.

The General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”) comes into effect from 25 May 2018 and requires additional rights to be given to data subjects. We are required to set out your rights with respect to how we process your data.

Definitions

“Active Data” – Data which is being Processed in the course of active performance of the services or the management of investments or ongoing customer or business relationship and management, for regulatory purposes or during the conduct of legal proceedings, prior to judgment or settlement of the same;

“Archived Data” – Data which is being retained pending any requirement of a Regulator, Relevant Third Party, for record-keeping purposes or pending the expiry of relevant limitation periods, but which is not being actively used for any purposes;
“Data” – all personal data as defined in applicable Data Protection Legislation;

“Data Protection Law” – all privacy laws applicable to the Data which is Processed under or in connection with this Agreement, including EU Directive 94/96/EC and 2002/58/EC, as interpreted by the Data Protection Act 1998 (or equivalent local laws), all regulations made pursuant to and in relation to such legislation and including the Privacy and Electronic Communications (EC Directive) Regulations 2003 (or equivalent local regulations) together with all codes of practice and other guidance on the foregoing issued by any relevant Data Protection Authority, all as amended from time to time and including the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”)  from the date upon which the GDPR comes into effect;

“Process” and other derivations such as “Processed” and “Processing” – any use of or processing applied to any Personal Data and includes “process” or “processing” as defined in applicable Data Protection Legislation. For the avoidance of doubt, this includes, without limitation, storing, accessing, reading, using, copying, printing, revising, deleting, disclosing, transferring or otherwise using Personal Data;

“Regulator” – any regulatory body with jurisdiction over Us at any period relevant to this agreement, including but not limited to the Financial Conduct Authority;

“Relevant Third Party” – a third party (other than a Regulator) including bodies such as HMRC or our auditors who may require us to Process Data in respect of our or their legitimate business requirements and including any Court or tribunal which may require us to Process and retain Data in the course of legal proceedings or pursuant to court rules;

“We” “Us” and “Our” – refer to Serenity Financial Planning under this agreement;
“You” and “Your” – refer to the Client under this agreement;

1 Legal Basis For Processing Data

We will or may need to Process your Data in order to:

1.1 Provide services to you pursuant to this agreement including but not limited advising you with respect to available financial products and investments and carrying out reviews and updates of your portfolio and our services to you, to reflect changing personal circumstances and current market information and analysis;

1.2 Comply with relevant Know Your Client obligations and other requirements imposed by the Regulator in the interests of combatting fraud, money-laundering and other criminal activities;

1.3 Respond to proper legal requests for information from the Regulator or pursuant to an order of any court or tribunal having relevant jurisdiction;

1.4 Comply with the requirements of the Regulator in respect of our professional business conduct, including where so required participating in audits and reviews conducted by or on behalf of the Regulator and maintaining records of transaction and customer histories in the format and for the periods prescribed from time to time by the Regulator;

1.5 Carrying out our own business and professional management, including but not limited to maintaining adequate records of our activities so that we are able to fully to respond to your queries, investigate and resolve complaints, prepare, verify and have audited our statutory accounts and complete our tax returns and deal with any queries arising from them;

1.6 In the event of any legal proceedings in which you or we may be involved, investigate the basis for any claims and our or your position with respect to them, obtain legal advice, and defend, pursue or settle such legal proceedings to the best of our ability, including complying with relevant directions with respect to evidence and the production of documents.

1.7 You further acknowledge that the services we provide include advice upon long term investments such as pension portfolios and assurance-based products with long maturation periods. Accordingly, during the pre-maturation term of such long-term investments we may need to Process your Data as required by Regulators, Relevant Third Parties or in accordance with good professional practice to advise you with respect to any issues arising since the date you entered into such long-term investments which may be relevant to the value or effectiveness of such long-term investments.

1.8 We will not use your Data for marketing purposes of any sort unless you have expressly consented to that use by completing the marketing consent section of our Serenity Privacy Notice for Clients. You may withdraw your consent to marketing at any time by sending us an email to contact@serenityfp.com or otherwise by sending a notice in writing as provided for in this agreement. The use of your Data as contemplated in the remainder of this Agreement is not affected by whether you choose to consent to the use of Data for marketing purposes,

2 Data Retention

2.1 We will comply with Data Protection Law with respect to the Data and, in particular, but without limitation, will review the Data on a regular and frequent basis to ensure compliance with Data Protection Law, including, but not limited, to putting into effect any deletion or correction of erroneous Data requested by you. In the course of any review we will:

2.1.1 Delete any Data which is trivial or transitory in nature, or which in our opinion is no longer required to be retained for the purposes set out above;

2.1.2 update the Data to ensure that any errors or inaccuracies in the Data are corrected;

2.1.3 archive Data as set out in clause 3 below; and

2.1.4 subject to the Data retention periods set out at clause 2.2 below, securely delete Data once the legal basis for Processing that Data has come to an end.

2.2 For the purposes set out in clause [2] (Legal Basis For Processing Data) above, we may retain and Process your Data for the following periods, and if more than one period applies to the same Data, to the last such period to expire:

2.2.1 During the course of our relationship with you we’ll retain personal data which is necessary to provide services to you. We’ll take all reasonable steps to keep your personal data up to date throughout our relationship.

2.2.2 We will hold any agreements between you and us for a period of 6 years from the termination or expiry of the agreement unless we have been notified of any claim or circumstance which might give rise to a claim under or by reference to such agreements.

2.2.3 We will process data relating to investments which we have provided advice on and / or arranged for you.  We will process such data throughout the entire period you are and remain a client of the firm and for a period of not less than 6 years following our ceasing to provide service to you in regard to those investments.  In the case of long-term investments we may process your data until the date of maturation of such long-term investments.

2.2.4 We will hold date as required by any Regulator until the end of any limitation period imposed by that Regulator, which in the case of the Financial Services Authority is currently 6 years for all types of business undertaken except for Occupational Pension Schemes, which can include Defined Benefit Transfers and Scheme Money Purchase Transfers, whereby the data retention period is indefinite.

2.2.5 We will hold data as required for the purposes of any legal proceedings for a period of 6 years following the conclusion of any such proceedings unless a longer period is required pursuant to any court rule or enactment.  Proceedings will be taken to have concluded on the expiry of any period given for appealing any final judgment or on the date of concluding any settlement staying all relevant claims if the proceedings were settled before judgement.

2.2.6 Save for the above, we will hold data for a maximum of 50 years from the date we receive the data.

3 Archiving Data

3.1 In addition to the reviews of Data for accuracy and currency to be carried out under clause 2.1 above, we will continually review Data which we are Processing, and where in our opinion such Data has ceased to be Active Data, we will archive it and Process it only as Archived Data.

3.2 Access to Archived Data will be restricted by us to senior personnel having specific duties and training with respect to Data Protection Law and will only be Processed in the limited circumstances contemplated by clause 2 above.

3.3 All storage of Data whether of Active Data or Archived Data will be in accordance with good industry practice and will incorporate appropriate organisational and technological measures, which will be regularly updated, to maintain the security of Data.

4 Data Portability

4.1 On termination or expiry of any agreement to provide services with you, on your written request, and subject to our right to retain copies of Data for the purposes set out in clause 2, we agree to return to you any Data you have provided to us in a structured, commonly used machine readable format or transmit the Data to a new data controller nominated by you.

5 Your Rights

5.1 Where we collect your Data directly from you, at the time when we collect Data from you, and to the extent not already set out in this agreement or in any other written materials made available to you prior to our collecting Data, we undertake

5.1.1 to make clear to you in writing the name and contact details of the data controller for that Data, and of their representative. For example, where we are managing investments on your behalf, the data controller in respect of those investments may be the financial institution in question;

5.1.2 to let you have, where appropriate, contact details for any Data Protection Officer appointed by us, or by any person who acts as a data controller in relation to your data;

5.1.3 to make clear to you the purposes for which the Data is to be Processed, and the legal basis for Processing;

5.1.4 to inform you, in the event that the legal basis relied on is the legitimate interests of the data controller or any third party, of the nature of those legitimate interests;

5.1.5 to inform you of the recipients or categories of recipients of Data;

5.1.6 in the event that the controller proposes to transfer the Data to a country outside those covered by GDPR, details of the safeguards surrounding such transfer and how to obtain a copy of them.

5.2 In addition to the information which we will supply to you under 5.1 above, at the time when we collect Data from you, and to the extent not already set out in this agreement or in any other written materials made available to you prior to our collecting Data, we undertake;

5.2.1 to inform you of the period for which we propose to hold the Data, or, where this is not possible, the criteria which we will apply to Data Retention;

5.2.2 to remind you of your rights to request access to Data of which you are the data subject, and to object to processing of the same, and to obtain rectification of inaccurate Data of which you are the data subject and, to the extent set out in Article 17 GDPR, erasure of the same.

5.3 We confirm that in any case where the legal basis for Processing Data as made known to you under clause 5.1.3 above is your consent, that consent may be withdrawn by you at any time by notice in writing to us, and in the event you give such notice to us we will cease to process that Data as soon as reasonably practicable.

5.4 Where the legal basis for the processing of your Data is compliance with a statutory or contractual obligation, or the necessary precondition to entering into a contract, including compliance with the requirements of any Regulator, we agree to inform you in reasonable detail a) whether you are legally required to provide such Data; and b) the consequences of failing to provide such Data.

5.5 We agree that we will not subject you to automated decision making (including profiling) by use of your Data, save as permitted by Data Processing Legislation and in accordance with appropriate measures to protect your rights and freedoms. In any case of automated decision making (including profiling) we will on your request inform you that this is the case and inform you of the logic involved, the significance of the processing and the envisaged consequences for you of this automated decision making.

5.6 You have the right to complain with respect to any Processing of your Data, and any breach of the above rights to the relevant supervisory authority, who in the case of the United Kingdom is the Information Commissioner’s Office, ico.org.uk by means of helpline (0303 123 1113) or online form.

5.7 We will provide the information set out above in our Serenity Privacy Notice for Clients.

5.8 Where we obtain your Data otherwise than directly from you, you will have the same or equivalent rights to those set out above, subject as set out below.

5.9 Save in the circumstances provided below, we will inform you which source the Data originated from and whether it came from publicly accessible sources.

5.10 The information to be provided will be provided in accordance with the following time periods, whichever shall first occur;

5.10.1 as soon as practicable after obtaining the Data, and in any event within one month;

5.10.2 at the time of first communication with you using the Data;

5.10.3 when the Data is first disclosed to another person.

5.11 We shall not be obliged to provide you with the information set out in clause 5.9:

5.11.1 where you already have this information;

5.11.2 where we are subject to an obligation of professional secrecy prohibiting the disclosure of the information;

5.11.3 where disclosure would render impossible or severely impair the achievement of the reasons for which the Data is to be processed, but in such cases we will do what we can to protect your rights and freedoms with respect to our processing of the Data.

5.12 We will provide the information set out above in the form of a letter or email.

6 Severance

6.1 If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

6.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

6.3 In the event of any change in Data Protection Law occurring after the date of this Agreement which require the adoption of revised provisions dealing with Data retention or portability, the parties will use all reasonable endeavours to agree such consequential changes to this Agreement as may reasonably be required to comply with the requirements of Data Protection Law (“Compliant Terms”) and incorporate the same as an amendment to this agreement.