Terms of Use
Analyst Alpha Generation Limited - Website Terms of Use
1. About Analyst Alpha Generation Limited
theanalyst.co.uk (the “Website”) is a website operated by Analyst Alpha Generation Limited (“The Analyst”), a limited liability partnership (registration number 13734900) authorised and regulated by the Financial Conduct Authority (“FCA”) of the United Kingdom (registration number 972969) and registered as an investment adviser in the United States of America by the U.S. Securities and Exchange Commission (registration number 801-76777). The Analyst has its registered office and trading address at 35 Bedford Road, London, SW4 7EF.
2. About Our Terms
YOU SHOULD READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE WEBSITE. THE TERMS SET OUT THE CONDITIONS SUBJECT TO WHICH YOU MAY MAKE USE OF THE WEBSITE.
The Terms apply to every page on the Website, including subscription-only pages, whether or not such pages are individually disclaimed.
By accessing or using the Website or otherwise indicating Your consent, You agree to be bound by these Terms and the documents referred to in them.
If You do not agree with or accept any of these Terms, You should stop using the Website immediately.
If You have any questions about the Website, please contact Us by email on: info@theanalyst.co.uk
Please note that the Terms apply to any user of this Website, whether or not the user is a paid subscriber with separate access to subscription-only contents of the Website (“Subscriber”), and the expression, “You”, as it appears in these Terms, shall be construed accordingly. Please also note that if You are a Subscriber, these Terms apply subject to the provisions of the Terms of Business for the subscription services as separately agreed between You and The Analyst (“Terms of Business”).
3. Definitions
Content | means any text, images, video, audio, or other multimedia content, software, or other information or material submitted to or on the Website |
Terms | means these Terms of Use as updated from time to time under Clause 11 |
Privacy Policy | means the policy https://theanalyst.co.uk/privacy-policy which governs how we process any personal data collected from You |
We, Us, Our | means Analyst Alpha Generation Limited as defined in Section 1 of these Terms |
You, Your | means the person accessing or using the Website or its Content |
4. Using the Website
The Website is for Your non-commercial use only.
You agree that You are solely responsible for:
- all costs and expenses You may incur in relation to Your use of the Website; and
- keeping Your password and other account details confidential.
We seek to make the Website as accessible as possible. If You have any difficulties using the Website, please contact Us at info@theanalyst.co.uk.
5. Misuse of Website
You must NOT use the Website (or permit or procure others to use it) as follows (each being a “Misuse of Website”):
(A) for any purpose not expressly permitted by the Terms;
(B) for any unlawful, improper or illegal purpose or activity;
(C) to violate The Analyst’s or any third party’s copyright, trademark, proprietary or other intellectual property rights;
(D) to damage The Analyst’s name or reputation or that of its affiliated companies or any third parties;
(E) to access (or attempt to access) any password-protected, subscription-only section of the Website by any means other than by a Subscriber using the unique log-in and password that is provided to that Subscriber by The Analyst on payment of subscription fees;
(F) to penetrate the Website’s or other entities’ security measures or other systems (“Hacking”);
(H) to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into the Website or any other entity’s systems and it is Your responsibility to ensure that whatever You download or select for Your use from the Website is free from such items.
When using the Website, You must comply with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. It may be unlawful to download the information contained on the Website in certain countries and The Analyst and its affiliated companies disclaim all responsibility if You download any information from the Website in breach of any law or regulation of the country in which you reside.
6. Termination and Suspension of Access to the Website
Except in the case of Subscribers’ access to password-protected sections of this Website, The Analyst reserves the right to deny You access to the Website, or immediately to suspend or terminate Your access to the Website at any time if Your use of the Website (in The Analyst’s sole discretion) amounts to a Misuse of Website.
If You are a Subscriber, You acknowledge and agree that The Analyst shall have the right to immediately suspend Your access to the subscription-only pages of the Website if Your use of the Website (in The Analyst’s sole discretion) amounts to a Misuse of Website, until any Misuse of Website is resolved to The Analyst’s satisfaction. The foregoing is without prejudice to any rights of The Analyst to terminate Your access to the subscription-only pages of the Website, subject to the provisions of the Terms of Business.
7. Disclaimer of Liability
The Analyst, its affiliated companies, and other third parties connected to or contracting with The Analyst (whether or not involved in creating, producing, maintaining or delivering the Website) exclude all liability and responsibility for any loss or damage that may result to You or a third party (including without limitation, any direct, indirect, incidental or consequential loss or damage, or any loss of revenue, business profits, goodwill, data, or any opportunity) in connection with the Website in any way or in connection with the access, inability to access or the results of access of the Website, any websites linked to the Website or the material on such websites.
In respect of the materials and information displayed on:
- The subscription-only pages of the Website for use by Subscribers, such materials and information have been prepared, approved and issued by The Analyst and have been compiled, or arrived at, in good faith and on the basis of publicly available information, internally developed data and sources believed to be reliable as at the date of publication. These materials and information are provided subject to the Terms of Business, and subject to any disclaimers or disclosure of information set out on such materials or referred to within such materials; and
- Any public page of the Website, The Analyst, its affiliated companies and other third parties connected to The Analyst hereby expressly exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity and any liability for any direct, indirect or consequential loss or damage of any kind incurred by any user in connection with the Website or in reliance on the information or opinions contained in it, or in connection with the use, inability to use, or results of the use of the Website or any websites linked to it or materials posted on it,
- but notwithstanding any other provision of these Terms, The Analyst does not exclude its liability for any loss or damage which cannot be excluded or limited under applicable law and does not exclude or restrict any duty or liability that it has to its customers under the regulatory system in the United Kingdom.
Transmission of any confidential and proprietary information by you across the internet, including through the Website, is entirely at Your own risk. The internet is not a completely reliable transmission medium and neither The Analyst nor any of its affiliated companies accept any liability for any data transmission errors such as data loss or damage or alteration of any kind or for the security or confidentiality of information transmitted across the internet to or from The Analyst nor any of its affiliated companies.
8. Hyperlinks and Third Party Sites
Where the Website contains links to other sites and resources provided by third parties, these links are provided for Your information only. The Analyst has no control over the contents of those sites or resources and neither The Analyst nor any of its affiliated companies make any representation as to the accuracy or completeness of such sites or resources and have not and will not review or update them. Your use of such websites is at Your own risk. Neither The Analyst nor any of its affiliated companies accepts any responsibility for sites and resources provided by third parties or for any loss or damage that may arise from Your use of them.
9. Intellectual Property Rights
The Analyst is the owner or the licensee of all intellectual property rights in the Website, and in the materials published on it. Those works are protected by laws and treaties around the world. All such rights are reserved. You may use the materials on the Website and reproduce them in hard copy for Your own reference only. Such materials may not otherwise be reproduced, distributed, stored in a data retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without The Analyst’s prior written consent. Nothing on the Website should be construed as granting any licence or right in relation to any of The Analyst’s trademarks or those of The Analyst’s affiliated companies or any third party.
Nothing in these Terms grants You any legal rights in the Website other than as necessary to enable You to access the Website. You agree not to adjust to try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website.
10. Rights of Third Parties
No one other than a party to these Terms has any right to enforce any of these Terms.
11. Law and Variation
These Terms are governed by and shall be construed in accordance with English law. English courts will have exclusive jurisdiction over any dispute arising from, or related to, use of the Website and it is a condition of using the Website that You waive any objection to proceedings in such courts on the grounds of venue or that proceedings have been brought in an inconvenient forum, although The Analyst retains the right to bring proceedings against You for breach of these Terms of use in your country of residence or any other relevant country.
The Analyst may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes made by The Analyst, as they are binding on You.
What Data We Collect
General Data: The use of our services will automatically create information that will be collected. For example, when you use our Services, your geographic location, how you use the Services, information about the type of device you use, your Open Device Identification Number, date/time stamps for your visit, your unique device identifier, your browser type, operating system, Internet Protocol (IP) address, and domain name are all collected. This information is generally used to help us deliver the most relevant information to you and administer and improve the Site.
Log Files: As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to maintain and improve the performance of the Services.
Analytics: We use analytics services (including, but not limited to, Google Analytics) to help analyze how users use the Site. Analytics services use Cookies to collect information such as how often users visit the Site and we use the information to improve our Site and Services. The analytics services’ ability to use and share information collected by them is restricted by their terms of use and privacy policy, which you should refer to for more information about how these entities use this information.
Location Information: If you have enabled location services on your mobile device, we may collect your location information to improve the Services we offer. If you do not want this information collected, you can disable location services on your device.
Cookies: “Cookies” are small pieces of information (text files) that a website sends to your computer’s hard drive while you are viewing the website. These text files can be used by websites to make the users experience more efficient. The law states that we can store these cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies we need your permission. To that end, this site uses different types of cookies. Some cookies are placed by third party services that appear on our pages. We and some third parties may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Services and to market the Services or other products. Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers. This tracking is done on an anonymous basis and, while not an exhaustive list, some of the companies we work with are Google, AppNexus, Criteo, Rubicon, Pubmatic and DistrictM. To learn more about this practice, including the Self Regulatory Principles for Online Advertising, to which we adhere, you can visit www.aboutads.info/choices, optout.networkadvertising.org and www.youronlinechoices.com
Use of Your Personal information
In general, personal information you submit to us is used either to respond to requests that you make, aid us in serving you better, or market our Services. We use your personal information in the following ways:
Operate, maintain, and improve our site(s), products, and services; Respond to comments and questions and provide customer service; Link or combine user information with other personal information we get from third parties, to help understand your needs and provide you with better service;
Develop, improve, and deliver marketing and advertising for the Services; Provide and deliver products and services you request; Identify you as a user in our system; We may store and process your personal information on servers located in both the United States and Europe. We may also create anonymous data records from your personal information by completely excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site functionality. We reserve the right to use anonymous data for any purpose and disclose anonymous data to third parties at our sole discretion.
We may receive testimonials and comments from users who have had positive experiences with our Services. We may publish such content. When we publish this content, we may identify our users by their first and last name. We obtain the user’s consent prior to posting this information along with the testimonial.
With our subsidiaries and affiliates;
To third parties to process payments made through the Services; With contractors, service providers and other third parties we use to support our business; To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about users is among the assets transferred; and Other Disclosures: Regardless of any choices you make regarding your Personal information (as described below), theanalyst.com may disclose Personal information if it believes in good faith that such disclosure is necessary: (i) in connection with any legal investigation; (ii) to comply with relevant laws or to respond to subpoenas or warrants served on our company; (iii) to protect or defend the rights or property of theanalyst.com or users of the Services; and/or (iv) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.
Third Party Websites
Our Site may contain links to third party websites. When you click on a link to any other website or location, you will leave our Site or Services and go to another site, and another entity may collect personal information or anonymous data from you. We have no control over, do not review, and are not responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your personal information after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.
Your Choices Regarding Information
Choices: We offer you choices regarding the collection, use, and sharing of your personal information. We may periodically send you emails that directly promote the use of our Services. When you receive promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive or by contacting us directly. Despite your indicated email preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.
Cookies: If you decide at any time that you no longer wish to accept cookies from our Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify cookies, please contact us at compliance@theanalyst.co.uk
Young People
Our Services are not directed to children under the age of 13. If a child under 13 submits personal information to us and we learn that this is the case, we will take steps to remove the personal information from our databases. If you believe that we might have any personal information from a child under 13, please contact us at compliance@theanalyst.co.uk
Your Rights
As a user of our site you have the following rights, any of which you may exercise by contacting us at compliance@theanalyst.co.uk
The right to ask what personal data that we hold about you at any time. Extra requests (particularly repetitive) for data may result in a fee being charged to the user. The right to ask us to update and correct any out-of-date or incorrect personal data that we hold about you free of charge. As set out above, the right to opt out of any marketing communications that we may send you. Further information regarding your rights can be found under: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/