1.2. All your Personal Data shall be held and used in accordance with the EU General Data Protection Regulation 2016/679 (GDPR) and UK national laws implementing GDPR (including the The Data Protection Bill) and any legislation that replaces it in whole or in part and any other legislation relating to the protection of personal data (collectively referred to as Data Protection Legislation).
1.4. The Company ensures on an ongoing basis that all of its suppliers and third parties operate in compliance with GDPR.
1.5. For any Data Protection or GDPR-related enquiries in connection with our business, please contact us:
B&G Finance Limited
43 Manchester Street,
W1U 7LP, UK
2.1. The Company is the controller and responsible for your personally identifiable information (Personal Data) as listed in clause 3 below.
3.1. We use automated technologies and interactions to collect data from and about you. With regard to each of your visits to our Site we may automatically collect the following information:
A) Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website;
B) Usage Data includes information about how you use our website, products and services;
C) Site Specific Information includes information about your visit to our website including:
i. the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time);
ii. Products, services or other pages you viewed or searched for;
iii. page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
3.2. We collect technical data through analytics providers, advertising networks and search information providers. A list of these third parties can be provided to you on request.
3.3. We will use this information to:
a) administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
b) improve our site to ensure that content is presented in the most effective manner for you and for your computer;
c) allow you to participate in interactive features of our service, when you choose to do so;
d) to keep our site safe and secure;
e) measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
f) make suggestions and recommendations to you and other users of our site about products or services that may interest you or them.
4.1. You may give us information about you (i.e. Personal Data) by filling in forms on our site Our Site or by corresponding with us by phone, e-mail, mail or otherwise. This includes information you provide to us when you register to use our site, subscribe to our service, search for a product, place an order on our site and when you report a problem with our site.
The information you give us may include:
a) Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender;
b) Contact Data includes billing address, delivery address, email address and telephone numbers;
c) Financial Data includes bank account and payment card details;
d) Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us;
e) Profile Data includesyour username and password, purchases or orders made by you, your interests, preferences, eedback and survey responses;
f) Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences; and
4.2. We will use this information to:
a) carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
b) to provide you with information about other products and services we offer that are similar to those that you have already purchased or enquired about;
c) to provide you, or permit selected third parties to provide you, with information about products or services we feel may interest you. If you are an existing customer, we may contact you by telephone, mail or electronic means (e-mail or SMS) with information about products and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form);
d) to notify you about changes to our service;
e) to ensure that content from our site is presented in the most effective manner for you and for your computer;
5.1. We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them. A list of these third parties can be provided to you on request.
5.2. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
6.1. We may from time to time share your Personal Data with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006. A list of any other group companies holding your Personal Data can be provided to you on request.
6.2. We may share your information with selected third parties including:
a) Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
b) Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
c) Analytics and search engine providers that assist us in the improvement and optimization of our site.
d) Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
e) Professional advisors, such as Solicitors.
6.3. We may disclose your Personal Data to third parties if:
a) we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
b) the Company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
c) we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions for Clients of any of our products and other agreements; or to protect the rights, property or safety of the Company, our customers or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
7.1. The Company will only process Personal Data where there is a lawful basis as per Data Protection Legislation. This lawful basis shall be one or more of the following:
a) Express consent from you;
b) In order to perform and/or complete a contract with a third party;
c) To comply with a legal obligation;
d) To protect your vital interest;
e) It is in the public interest; and
f) There is a legitimate interest.
7.2. Legitimate interests are a flexible basis upon which the law permits the processing of an individual's personal data. To determine whether we have a legitimate interest in processing your data, we balance the needs and benefits to us against the risks and benefits for you of us processing your data. This balancing is performed as objectively as possible by our Data Protection Manager. You are able to object to our processing and we shall consider the extent to which this affects whether we have a legitimate interest.
8.2. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
8.3. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
8.4. As a result of increased risk posed by cyber fraud please do not send any funds until you have received confirmation from your relevant contact and are certain as to the correct account details. Unfortunately, we do have to warn you that we cannot accept responsibility if you transfer money into an incorrect account.
9.1. When reading this notice, it might be helpful to understand that your rights arising under Data Protection Legislation include:
a) The right to be informed of how your Personal Data is used (through this notice);
b) The right to access any personal data held about you;
c) The right to withdraw consent at any time, by emailing email@example.com;
d) The right to rectify any inaccurate or incomplete personal data held about you;
e) The right to erasure where it cannot be justified that the information held satisfies any of the criteria outlined in this policy, or where you have withdrawn consent;
f) The right to prevent processing for direct marketing purposes, scientific/historical research or in any such way that is likely to cause substantial damage to you or another, including through profile building; and
g) The right to object to processing that results in decisions being made about you by automated processes and prevent those decisions being enacted.
9.2. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org.
9.3. Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
10.1. The Company will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
10.2. The Company retains your Personal Data in line with the requirements set out in the Financial Conduct Authority (FCA) Handbook (May 2018) and will adjust its Data Retention policy from time to time in accordance therewith.
10.3. Your right to erasure will be subject to the record-keeping requirements as set out by the FCA. Where we receive a request to delete Personal Data this will be undertaking in line with our usual Data Retention policy.
11.1. Similar to other commercial websites, our Website uses a technology called "cookies" and web server logs to collect information about how our Website is used. Cookies are small text files that are placed on your computer's hard drive through your web browser when you visit any web site. They are widely used to make web sites work, or work more efficiently, as well as to provide information to the owners of the site.
11.2. Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our site (they are deleted from your computer when you close your browser), or may remain on your computer until you delete them or until a defined period of time has passed.
b) allow essential parts of our web site to operate for you.
c) operate our content management system.
d) operate the online notification form - the form that you use to contact us for any reason. This cookie is set on your arrival at our web site and deleted when you close your browser.
e) enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser.
f) collect information about how visitors use our site. We use the information to improve your experience of our site and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, and the pages they visited.
g) record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser.
h) record your activity during a web cast. For example, as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the site. This cookie will record an anonymous ID for each user, but it will not use the information for any other purpose. This cookie will last for a period of time after which it will delete automatically.
i) store your Personal Data so that you do not have to provide it afresh when you visit the site next time. This cookie will last for a period of time after which it will delete automatically.
12.1. You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time at email@example.com.
12.2. Where you opt out of receiving these marketing messages, this will not apply to Personal Data provided to us.
13.1. Data Protection Legislation gives you the right to access information held about you. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
The information about you that we have collected for the performance of our contracts is required in order for us to successfully fulfil our obligations to you. If you choose not to provide the personal data requested, we will not be able to enter into a contract with you to provide the benefits we offer. If we are already processing your Personal Data under a contract, you must end our contractual relationship (as/where permitted) in order to exercise some of your rights.
If you are unhappy about our use of your Information, you can contact us at the address or email address above. You are also entitled to lodge a complaint with the UK Information Commissioner’s Office using any of the below contact methods.
Telephone: 0303 123 11113
Post: Information Commissioner's Office
B&G Finance Ltd ("Basset Gold") (registered in England number 10880789), is authorised and regulated by the Financial Conduct Authority ("FCA") under firm reference number 788684. Basset Gold’s registered office is at 43 Manchester Street, London W1U 7LP. References in these Terms and Conditions to "we", "us" and "our" are to Basset Gold.
Basset Gold arranges deals in securities issued by companies ("Issuers"). Arranging deals in securities is a regulated activity and Basset Gold treats investors as retail clients for the purposes of the FCA’s rules (retail clients receive the highest degree of regulatory protections under those rules). These Terms and Conditions describe the respective rights and obligations of Basset Gold and its clients.
The Basset Gold service is available to investors that become clients through our website. This involves Basset Gold assessing whether it is appropriate for the investor to invest in the relevant securities. If you are eligible to become a client, you can invest online and receive electronic investment reports.
Becoming a client
We make details of investment opportunities available to all users of our website, but only clients are able to apply to invest or view investment offers that relate to unlisted securities.
In order to become a client of Basset Gold, you will need to apply to become approved by us. We reserve the right to reject applications on such grounds as we see fit, including, without limitation, your knowledge and understanding of investing, your financial status, your capacity to be bound by these Terms and Conditions or the jurisdiction in which you live or are a citizen.
Provided that we accept your application to become a client, you will then be able to view the investment offers available through the Basset Gold website.
Only clients can invest, so your application to invest should be completed in the name of the same person that will invest.
Making investments through the platform
If you wish to subscribe for an investment, you will need to specify the size of the investment you wish to make and place funds in your Basset Gold account.
Whether we choose to accept your application to invest will be at our discretion, even if you are a client and satisfy our eligibility criteria, for example, because the offer is over-subscribed or under-subscribed or because of legal or regulatory matters. The allocation policy for each investment is based on a first-come- first-served basis, by reference to the time your subscription payment is received.
All investments will be governed by the terms of the investment instrument (if any) and offering document (including the application form); the Issuer's constitutional documentation; and these Terms and Conditions. To the extent that there are any inconsistencies between these documents, the provisions of the investment instrument and offering document shall prevail over the Issuer's articles of association, which shall prevail over these Terms and Conditions. We shall use all reasonable endeavours to ensure the information provided by us on the website is accurate and gives rise to enforceable rights against the Issuer.
We do not provide investment advice, legal advice or tax advice. In particular, we will not assess the suitability of an investment in light of your personal circumstances and you are responsible for making your own investment decisions. If you are in any doubt as to your own personal circumstances, you should seek such advice from an appropriately qualified professional.
We will not facilitate investment where we are aware that it is illegal, although it is your responsibility to ensure that you have complied with any relevant legal or regulatory restrictions that would prohibit you from investing.
Our role is limited to marketing and arranging deals in securities. Where the Issuer is an associate of ours, the Issuer shall report to you directly about the progress of your investment and any actions that require your involvement in accordance with the terms of the offering document.
If we are not associated with the Issuer, we may (subject to having appropriate regulatory permissions), or may arrange for a third party to, act on your behalf to:
We may update these Term and Conditions to reflect such a service from time to time.
Your money and investments
If we accept your application to make an investment, we will provide you with bank account details into which you should transfer your subscription amount. Payment must be made in accordance with the terms of the Application Form, into your Basset Gold account, where subscriptions will be held pending investment.
The bank account into which you will pay your subscription is a client money account held and administered by a solicitor, who attends to the legal work associated with issuing the securities. No interest is payable to you on money held in this account, although the solicitor may receive a fee representing interest on it from its bank. If the fundraising target is met and the investment goes ahead, investments issued by the Issuer will be allocated to you, equal to the entire amount or a fraction of the amount of subscription which you requested.
Once the solicitor has prepared for the issuance of the securities, your money shall be paid to the Issuer or to a third party on the Issuer’s instructions. The securities shall be registered in your name.
The funds raised through the investment issued by the Issuer will be deployed by it in accordance with the relevant offering document.
Any of your subscription which is not allocated to investments will be returned to the account whose details you provide on the Application Form (your "Nominated Account"), which should be an account in your name with a UK bank or building society and the same account you have paid for the subscription from. We will pass the details of your Nominated Account to the Issuer. If you wish to request that the funds be returned to an account other than your Nominated Account, you must contact the Issuer by email to make the request and provide a reason why the payment cannot be made into your Nominated Account. The Issuer will not be obliged to pay money to an account other than your Nominated Account.
There is no secondary market available through the website and so you should normally expect to hold your investments for the full term. The Issuer will then distribute the proceeds to you in accordance with the offering document.
If for some reason it becomes necessary to transfer investments (e.g. where a client dies) or if a client finds a buyer for his investments, we will need to identify the new investor in order to register the transfer. You can contact us for further details about the transfer process and the information we will need to complete it.
If you would like us to help find a buyer for your investments, we will endeavour to do so, but we cannot make any representations that we will be able to find such a buyer or the price at which they will be willing to deal with you.
We will notify you if we require a fee to be paid in respect of a transfer prior to making it, although we will not charge a fee in respect of a transfer due to a client’s death or incapacity. Any person buying investments through us will need to be registered as a Basset Gold client.
Fees and charges
We will not charge you a fee in respect of our introduction service, but may receive fees from the Issuer.
We may introduce fees in respect of future services we may offer from time to time.
Terminating your relationship with us
If you no longer want to be a client of Basset Gold, provided you have no investments with us, you can let us know by email and we will close your Basset Gold online account straight away. Termination will not affect the terms of any investment you have entered into.
We may cease to provide you information about, or enable your participation in, new investments at any time and for any reason, including but not limited to, breach of these Terms and Conditions, applicable law, misuse of our website or account inactivity for a period of 12 months or more.
Conflicts of interest
As part of our role in bringing investment opportunities to you, we will often be grouped with the Issuer and do not offer an independent service in the selection of the investment products available to you.
You may ask for a copy of our full Conflicts of Interest Policy upon request.
Complaints and compensation
We have established procedures in accordance with the Financial Conduct Authority's rules for the effective consideration of complaints. Please contact us to request a copy of our complaint handling policy, which is also available at www.bassetgold.co.uk/complaints-procedure.
If you are unhappy with the outcome of a complaint that we have handled, you can write to the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR, or by telephone on 0800 023 4567 or by email to firstname.lastname@example.org.
We participate in the Financial Services Compensation Scheme (the "FSCS"). If we owe you money in connection with the Basset Gold service and are unable to pay it, then you may be entitled to compensation from the FSCS, up to a maximum of £50,000.
If the bank with which the solicitor holds your money becomes insolvent, the maximum compensation available from the FSCS is £85,000.
For more information you can contact the FSCS in writing at 7th Floor, Lloyds Chambers, Portsoken Street, London, E1 8BN by telephone on 0800 678 1100, by email to email@example.com or by going to www.fscs.org.uk.
You shall be liable to us for any loss or damage suffered by us as a result of any breach of these Terms and Conditions or the terms of any investment you make through Basset Gold.
We shall not be liable to you for any loss or damage which you may suffer as a result of being a client of Basset Gold or using the Basset Gold services except where such loss or damage arises from our breach of these Terms and Conditions or was caused by our negligence, wilful default or fraud. We are not responsible for any breach of these Terms and Conditions arising from circumstances outside our reasonable control. Our total liability to you in connection with these Terms and Conditions, your Basset Gold online account and your use of the services provided via the platform shall not exceed the amount of money you have invested giving rise to the liability.
Nothing in these Terms and Conditions shall limit our liability for personal injury or death, fraud, nor for any other liability, the exclusion or limitation of which is not permitted by applicable law or regulation.
When we make forward-looking statements, we will base them on reasonable assumptions, but we shall not otherwise be responsible for the achievement of such statements where they are outside of our control.
Changes to our Terms and Conditions
We may need to update or amend these Terms and Conditions from time to time to comply with the law or to meet our changing business requirements. We may make such changes without your specific agreement where those updates are, in our reasonable opinion, of an immaterial and routine nature. We may not always be able to give you advanced notice of such updates or amendments, but we will always post them on our website so you can view them when you next log in. By continuing to use the Basset Gold service, you agree to be bound by the terms of any such updates and amendments.
These Terms and Conditions are governed by and are to be construed in accordance with English law. In the event of any matter or dispute arising out of or in connection with these Terms and Condition, you and we shall submit to the non-exclusive jurisdiction of the English courts.
If any of these Terms and Conditions is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall, so far as possible, continue in full force and effect.
No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these Terms and Conditions or otherwise.
In the event of our insolvency, our solicitor will continue to hold your money pending distribution to you, but will not facilitate any new investments. We will notify you of changes to reporting requirements in such event.
We and any relevant Issuer may exercise any of our rights or discharge our obligations under these Terms and Conditions in the relevant person’s own capacity or through any company or other legal entity which has all relevant legal authorisations, licences or permissions to discharge those functions. Other than any relevant Issuer, which shall be entitled to exercise rights under these Terms and Conditions, no other person shall have rights to enforce terms under the Contracts (Rights of Third Parties) Act 1999.