COMPLIANCE

Contents

Treating Customers Fairly

Data Protection

Background

WHI Data Protection Policy

Email

Data Compromise Reporting Policy

Request for Information Under the Data Protection Act

Complaints

Financial Services Compensation Scheme

Insider Lists

Treating Customers Fairly

FCA Principle 6 sets out the high level standard for how a firm should treat its customers. The Board and Senior Management fully support the TCF initiative and continuously strive to ensure it is embedded throughout the Group. Ensuring that we treat our customers fairly is very important to us and our employees are required to bear this in mind in the day to day performance of their duties and apply it appropriately to our retail and professional clients.

Data Protection

Information Commissioners Office (ICO) Registration Number (Z5442086).

Background

Systematic attempts are made by criminals and terrorist organisations to infiltrate UK financial institutions in order that valuable client data can be exploited.  Data theft is used for organised crime including fraud and for funding terrorism and in the long term this presents a very real risk for the firm and the financial services industry as a whole.

The Data Protection Act 1998 (the ‘Act’) establishes a framework of rights and duties which are designed to safeguard personal data. This framework balances the legitimate needs of organisations to collect and use personal data for business and other purposes against the right of individuals to respect for the privacy of their personal details. The legislation itself is complex and, in places, hard to understand. However, it is underpinned by a set of eight straightforward, common-sense principles which will help towards ensuring that WH Ireland complies with the Data Protection law

The act covers eight Data Protection Principles:

1 – fair and lawful - Personal data must be processed fairly and lawfully.

2 – purpose - Personal data should 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.

3 – adequacy - Personal data should be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

4 – accuracy - Personal data must be accurate and, where necessary, kept up to date.

5 – retention - Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6 – rights - Personal data should be processed in accordance with the rights of data subjects under this Act

7 – security - Appropriate technical and organisational measures should be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

8 – international  - Personal data shall not be transferred to a country or territory outside the European Economic Area unless the 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.

WHI Data Protection Policy

The WHI Data Protection Policy aims to inform staff and management of their requirements for protecting technology and information assets. The following are examples of items requiring protection through our policy:

Sensitive Information - This includes sensitive information relating to the firm, clients, staff and matters of commercial interest wherever and however held.

Hardware - This includes any hardware that would hold data for the firm, for example, company mobile phones, workstations, laptops, printers, disk drives, and memory sticks. 

Software - This includes any software that holds, processes, or allows access to the firms’ data, for example, operating systems, communication programs, apps used for work.

Documentation - This includes all literature, forms, brochures, business cards, headed paper.

Supplies - This includes paper, forms, marketing material.

People - Users, administrators, hardware maintainers

Email

Any electronic communications that are sent to or received from clients or any third parties should be transmitted only through a valid WHI email address; this measure ensures that the communication passes through WHI servers, is scanned for viruses and is recorded.

Data Compromise Reporting Policy

Our staff are under an obligation to report any incident that they think may violate the security of the company by informing the Data Controller.

Request for Information Under the Data Protection Act

Any individual has a right to request information held on them under the Data Protection Act, (Subject Access Requests). Such information is subject to certain limitations.  All such requests should be forwarded immediately to the Data Controller/Compliance who is responsible for the processing of such requests.   If you would like a copy of the information held on you please write to 11 St James’s Square, Manchester, M2 6WH. A small fee will be payable.

Complaints

WH Ireland Limited (the Firm) is committed to ensuring that all complaints received are handled fairly, consistently and promptly and that the firm identifies and remedies any recurring or systematic problems, as well as any specific problem identified by a complainant. If you have a complaint, you can email us at compliance@whirelandplc.com.

For the purposes of the Financial Conduct Authority’s (FCA) requirements on complaints procedures a complaint is any oral or written expression of dissatisfaction, whether justified or not, from, or on behalf of a person about the provision of, or failure to provide, a financial service or redress determination.

A complaint must involve an allegation that the complainant has suffered (or may suffer) financial loss, material inconvenience or material distress.

An eligible complainant is one who is, or was a customer of the Firm. The Firm will endeavor to resolve a complaint at the earliest possible stage and all complaints should be referred to the Head of Compliance. Should a complaint not be resolved to the satisfaction of the complainant, the complainant may be entitled to refer the matter to the Financial Ombudsman Service (FOS).

The FOS is an agency for arbitrating on unresolved complaints between regulated firms and their clients. Full details of the FOS can be found on its website at www.financial-ombudsman.org.uk. The Firm will cooperate fully with the FOS in the handling of any complaints.

Financial Services Compensation Scheme

As an authorised firm, investors are likely to be covered by the provisions of the Financial Services Compensation Scheme (FSCS), if WH Ireland ceases trading. It can award up to £50,000 in compensation to any one investor where they decide that an investment business is in default and is unable to satisfy any claims against it. In addition, if one of the banks which we use for depositing cash balances is declared in default, each individual is entitled to 100% of the first £75,000 in total in compensation for losses across all their deposits with that institution. Full details of the FSCS detailing the restrictions and financial limits that apply are available on request from the FSCS. You can contact them on 020 7741 4100 or 0800 678 1100 or at www.fscs.org.uk. You can also write to them at FSCS, 10th Floor, Beaufort House, 15 St Botolph Street, London EC3A 7QU.

Insider Lists

This section of our website sets out the arrangements operated by WH Ireland Limited in relation to Article 18 of the Market Abuse Regulation (2014/596) and EU Commission Implementing Regulation (2016/347) (the Insider List Rules). These arrangements shall be operated whenever we act on behalf of a client who is subject to the Insider List Rules in relation to information to which the firm has access and which the firm has been informed is inside information for the purposes of the Insider List Rules (Inside Information).

The firm will maintain lists as required by the Insider List Rules of persons working for WH Ireland Limited on behalf of a client, or third parties, wall crossed under the safe harbour of Article 11 of the Market Abuse Regulation (2014/596), (market soundings), who have access to Inside Information. The Insider Lists shall contain the information required by the Insider List Rules and will be updated as required by those rules and kept for the period required by those rules.

The firm will maintain information in accordance with the Data Protection Act 1998, and will only ever pass on information contained in the Insider List in circumstances where there is a legal requirement therefore upon request the firm will provide Insider Lists to the Financial Conduct Authority (“FCA”) (or other relevant EEA authority) pursuant to the Insider List Rules.

The firm takes the necessary measures to ensure that every person whose name is on an Insider List acknowledges the legal and regulatory duties entailed and is aware of the sanctions attaching to the misuse or improper circulation of Inside Information. These measures include appropriate training of all staff.

To find out more call us on +44 (0)20 7220 1666