FFCM Terms of Business & Privacy Policy

Introduction

These Terms of Business set out the terms on which Financial Freedom Capital Management LLP (“FFCM” or “our” or “we”, or “us”) shall provide services to you.

You should read these Terms carefully and you should contact FFCM if you want any further information. It is important that you understand the contents of these documents, and that you retain them for future reference. These are our standard terms of business upon which we intend to rely. They will become legally binding and we will start providing the Services to you once you complete the online application to open a SIPP and provide satisfactory anti-money laundering verification information.

Regulatory Information

Financial Freedom Capital Management LLC is a Registered Investment Advisory firm. Financial Freedom Capital Management LLC RIA IARD # (Investment Advisor Registration Depository) is 174385.

https://www.adviserinfo.sec.gov/IAPD/IAPDFirmSummary.aspx?ORG_PK=174385

FFCM is an independent investment advisory firm that specialises in expat and cross border financial affairs, specifically around foreign currency investing and UK pension reviews and transfers.

Client Categorisation

For the purposes of providing you with Services, we have categorised you as a retail client. This means that you are afforded the highest level of protection under the regulatory system. You have the right to request re-categorisation as a professional client in which case you must give us notice in writing, and you will lose certain protections under the regulatory regime. FFCM will consider any request for re-categorisation but is not obliged to grant such a request.

Risks

Please be aware that investments can fall as well as rise, and that you may not get back the full amount invested. The price of investments that we arrange may depend on fluctuations in the financial markets, or other economic factors, which are outside our control. Past performance is not necessarily a guide to future performance. In executing or transmitting applications on your behalf to third parties, we will take all reasonable steps to ensure that we obtain the best possible result for you. This is referred to as 'best execution'. Further details of our best execution arrangements are available on request.

HMRC regulation

If we select a SIPP as an option for you. The administration of your SIPP shall be subject to the rules and regulations of HMRC. In the event of a dispute between these Terms, and HMRC regulations, the HMRC regulations shall prevail. You authorise us to disclose to HMRC all such information as required by law.

Client Money

FFCM does not handle client money and we cannot accept a cheque made out to us (unless it is in respect of an item for which we have sent you an invoice) or handle cash.

Outsourcing and use of agents

We may delegate any of our functions to a third party and may provide information about you and your investments to any such third party. We remain liable for the acts and omissions of our delegates as if we had acted or omitted to act them ourselves. We may employ agents to perform ancillary services to enable us to provide our service. We will act in good faith and with due diligence and reasonable care in the selection, use and monitoring of agents.

Conflicts of Interest

We will endeavour always to act in your best interests. However, circumstances can arise where we may have some form of interest in business being transacted for you. If this happens or we become aware that our interests conflict with your interests, we will write to you and obtain your consent before we carry out your instructions, and detail the steps we will take to ensure fair treatment. From time to time, alongside other firms, we may attend training events funded and/or delivered by product providers, fund managers and platforms. These events are designed to enhance our knowledge and in accordance with FCA’s inducements rules we will ensure these only occur when they enhance the quality of service we provide to you.

Anti Money Laundering

The Money Laundering Regulations require all financial institutions to verify the identity of their clients. In consequence, we are required to verify your identity, to obtain information as to the purpose and nature of the business which we conduct on their behalf, and to ensure that the information we hold is up-to-date. For this purpose, we may use electronic identity verification systems and we may conduct these checks from time to time throughout our relationship.

Accepting Instructions from You

We shall honour and act on any instruction, confirmation, or authorisation via an email or in writing signed or sent or purported to be signed or sent by you believed by us to be genuine and so that we shall not be liable for acting in good faith upon any such instruction, confirmation or authority notwithstanding that it shall subsequently be shown that the same was not given or signed or sent by you. In executing or transmitting instructions on your behalf to third parties, FFCM will take all reasonable steps to ensure that we obtain the best possible result for you.

Communications with you

We may communicate with you by telephone, post, e-mail or in person. In certain circumstances, we may ask you to confirm any instructions in writing prior to implementation. All our communications with you will be in English.

Confidentiality, the General Data Protection (in CA) Regulation and Record Retention

The confidentiality of your personal information is very important to us. We will endeavour to take all due care to protect this information. We would like to highlight below a few matters relating to your information about which you should be aware.

FFCM may use, share, store or otherwise process personal information provided by you or us in connection with the provision of our services for the purposes of providing the services or for all purposes ancillary thereto, including to help to prevent and detect fraud or loss. The information we hold about you is treated as confidential and will not be used for any purpose other than in connection with the provision of the Services. We will only share your personal information where we are required to do so or where you have provided your consent. We will only share your information where:

I. you have provided your consent;
II. the law, regulatory bodies, or the public interest permits or requires it;
III. HM Revenue & Customs or other authorities require it;
IV. we are required to detect and prevent crime;
V. there are other parties connected to your SIPP
VI. with specific subcontractors who help to provide you with the services you have requested;
VII. to comply with mandatory Governmental data requirements.

You have the right to be informed about the data processing which will be carried out about you. This includes:
• the right to know the identity and contact details of the data controller and where applicable, the controller’s representative and the data protection officer;
• the purpose and the legal basis for the processing;
• our legitimate interest in processing your data;
• the types or categories of Personal Data which will be processed about you e.g. any data we obtain from third party sources such as credit reference agencies;
• any recipient or categories of recipients with whom we intend to share your Personal Data;
• details of transfers outside of the EEA and safeguards we will put in place to protect your data;
• the length of time your data will be retained for or the criteria used to determine the retention period;
• your right to withdraw consent at any time, where relevant;
• the source any Personal Data that we process about you which does not originate from you;
• how we use automated decision making, including profiling and information about how decisions are made, the significance and the consequences.
• to lodge a complaint with the Information Commissioner’s Office – you can contact the ICO at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF Telephone. +44 (0)1625 545863;
• request that we cease processing your Personal Data for the purposes of profiling;
• ask us to correct incorrect Personal Data which we may hold about You; and
• request the erasure of Personal Data where it is no longer necessary for the purpose(s) for which it was originally collected.

You also have the right, upon applying to us in writing, to obtain a copy of the Personal Data held by us about you and/or obtain a portable copy of your Personal Data in a machine readable format. We will process your personal information in accordance with our privacy policy which can be obtained from FFCM. This sets out details of your rights, who to complain to or to seek further information from and what we will do with your

Personal Data.

Where possible, we only process your information within the European Union (EU), and the UK, as we share similar standards of legal protection. We may send your data outside of the EU; however, we will always ensure it is processed and handled in line with the General Data Protection Regulation (GDPR) (EU) 2016/679. Instances where we will transfer your data outside of the EU include:

• disclosures to foreign authorities to reduce financial crime and terrorism; or
• where we have a contract with a service provider with operations outside of the EU.

We may also contact you to inform you of products and services which might be of interest to you, either by letter, telephone or email. If you do not wish to receive this information by letter, email or telephone, or any combination of these, you can write to us. If you are an existing customer and have already opted out of marketing communications, you do not need to write to use again.

We may record and monitor our telephone calls to help improve the products and services we provide to you. The reasons that we may record and monitor calls are:

• to help improve customer service;
• to help us meet our legal and regulatory requirements;
• to help detect and prevent fraud and/or other crimes; and
• to help us answer your queries and issues.

If any of the information we hold on you is incorrect, please notify us and we will ensure that it is updated accordingly. Where your details have changed, you have a responsibility to inform us at the earliest time possible. Failure to notify us of a change in your details may affect the way in which we provide you with products and services.

You have the right to request a copy of the Personal Data we hold about you. We require you to confirm your identity before processing your request.

If you have any concerns about the way we use your information, to make a request for your information, or if you have any other queries regarding the way that we process your information, please email the Compliance Officer at Financial Freedom Capital Management LLP, 1434 Serrano Circle, Naples, FL 34105. You should let us know if you think any information we hold about you is inaccurate, so that we may correct it. In accordance with legal and regulatory requirements, FFCM will retain your records, for a minimum period of five years following the termination of any relationship between us. This period may be extended by force of law, regulatory requirement or agreement amongst us. Recordings of telephone conversations may be retained for longer. Therefore, we cannot assent to a request to destroy or delete any record pertaining to yourself unless we are required to do so by force of law or other regulatory requirement.

By using this service you grant us all necessary consents to transfer such data and to permit processing of your personal data for the purposes of providing the Services. The external data processor has warranted to us that it shall process such data only on our behalf and in compliance with our reasonable instructions and the applicable data protections laws;

• that it has implemented appropriate technical and organisational security measures for processing such data;
• that these measures are appropriate to protect such data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing; and
• that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation.
If you have any questions about the transmission of your Personal Data please contact us.

Our Remuneration

For the services that we provide, we may charge an initial and ongoing service fee. The fee amounts will be detailed on your recommendation report. The fee will be deducted automatically from your policy and paid to FFCM on your behalf. This fee is separate to the charges that are applied by the product provider. Under current HMRC legislation, our fees are exempt from VAT.

Client Protection

You may be entitled to compensation from the Financial Services Compensation Scheme (FSCS). This depends on the type of business and the circumstances of the claim. Should you be entitled to compensation from the Financial Services Compensation Scheme, you may be able to recover up to 100% of the first £50,000 that you have invested. Further information about compensation arrangements is available from the FSCS. Their address is FSCS, 10th Floor, Beaufort House, 15 St Botolph Street, London, EC3A 7QU and their website is fscs.org.uk.

Complaints

It is our intention to always provide the highest quality service. However, if you become dissatisfied with our service and want to register a complaint, please contact us:

• In writing: to The Compliance Officer, Financial Freedom Capital Management LLP, 1434 Serrano Circle, Naples, FL 34105
• By phone: +1 239 237 0251

Governing Law

The terms of your agreement with FFCM and all disputes or claims arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with US law, and you hereby submit to the exclusive jurisdiction of the US Courts.

Variation and Amendment

FFCM may amend these Terms by giving you at least 30 days’ notice unless we are required to make the change sooner (e.g. for legal or regulatory reasons). FFCM will only make changes for good reason, including but not limited to:
• to make them clearer and more favourable to you;
• to provide for the introduction of new systems, services, changes in technology and products;
• to rectify any mistakes that may be discovered in due course;
• to reflect changes in the costs and charges that we incur or expect to incur in providing our services to you, and/or to take into account changes in the rates of inflation, taxes or interest or other market rates or indices;
• to reflect changes in market practice or conditions;
• to reflect the way that our services are used and ensure that the costs of those services are allocated fairly among our clients;
• to provide for the introduction of new systems or services and changes in technology or products; or
• to reflect a change of applicable law or regulation.

If FFCM amends these Terms for valid reasons that are not specified in these Terms and you do not agree with those changes, FFCM shall not impose any charges in relation to the closure of your Account or any transfer of your Account and any monies or investments held on your behalf, to an alternative service provider should you wish to transfer or close your Account provided that you do so within ninety (90) days of being notified of those changes.