Legal notices
We compile all the corporate information you need in one place: registration details, terms of business and privacy policy.
Finomatic Consulting Limited has been established as a Private Limited Company in England, incorporated on 28 May 2022. Please see below for further registration information:
Registered Office Address: 34 Clarges Street, London, W1J 7EJ.
Companies House Registration Number: 14138722.
VAT Registration Number: 420852517.
These are the Terms and Conditions for Finomatic Consulting Limited, a company incorporated in England (registered number 14138722) with registered office at 34 Clarges Street, London, England W1J 7EJ (“Finomatic”) in relation to its Services. These Terms and Conditions together with the Engagement Letter form the agreement between Finomatic and the Client for the Services (“Agreement“).
The following definitions apply to these Terms and Conditions:
Business Day: any day which is not a Saturday, Sunday or public holiday in England.
Confidential Information: has the meaning provided in clause 8.1.
Client: the customer who purchases the Services as set out in the Engagement Letter.
Client Data: the information provided by the Client to Finomatic in connection with the Services.
Data Protection Legislation: means the UK Data Protection Act 2018 and related subordinate legislation, as may be amended, updated or re-enacted from time to time, together with the UK GDPR.
Deliverables: the output of the Services, including reports, formulas, business modelling, and calculations.
Effective Date: the date of the last signature of the Engagement Letter.
Fees: the fees payable by the Client as set out in the Engagement Letter.
Normal Business Hours: 9.00 am to 5.30 pm in England, each Business Day.
Services: the professional consulting services to be provided by Finomatic to the Client under this Agreement as more fully described in the Engagement Letter.
Engagement Letter: the service confirmation document setting out the details of the Client, Services and Fees, and which together with these Terms and Conditions form the Agreement.
Term: the period starting on the Effective Date and ending when the Services have been delivered.
UK GDPR: has the meaning given to it in section 3(1) (as supplemented by section 205(5)) of the Data Protection Act 2018.
3.1. Finomatic undertakes that the Services will be performed with reasonable skill and care in a professional and workmanlike manner in accordance with this Agreement in all material respects.
3.2. Finomatic shall use reasonable endeavours to meet any dates specified in the Engagement Letter but such dates shall be estimates only and time for performance by Finomatic shall not be of the essence of this agreement.
3.3. This Agreement shall not prevent Finomatic from entering into similar agreements with third parties, or from independently developing, using, or selling services which are similar to those provided by Finomatic under this Agreement.
3.4. Finomatic warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this Agreement.
3.5. The Services provided and the Deliverables are based on the Client Data and are bespoke to the Client, and as such are not appropriate for use or reliance upon by any third party.
3.6. Finomatic does not warrant that the Services, Deliverables and/or the information obtained by the Client through the Services will meet the Client’s requirements.
4.1. The Customer shall:
4.2. The Client shall comply with all applicable laws and regulations with respect to its activities under this Agreement and shall carry out all other Client responsibilities set out in this Agreement in a timely and efficient manner.
4.3. The Client shall obtain and shall maintain all necessary licences, consents, and permissions necessary to enable it to receive the Services from Finomatic.
5.1. Finomatic has no responsibility for the legality, reliability, integrity, accuracy and quality of the Client Data.
5.2. Each party warrants that they will comply with their respective obligations under the Data Protection Legislation when processing any personal data.
5.3. The Client warrants that any Client Data it provides to Finomatic will not contain any personal data, as that phrase is defined in the Data Protection Legislation, and the Client shall indemnify the Supplier in full for any breach of the warranty in this clause 3, and any associated data loss, corruption or breach.
6.1. All intellectual property rights in the Services are owned by or validly licensed to Finomatic. The Services are proprietary to Finomatic (or the appropriate third party rights owner) and the Client and Authorised Users acquire no rights in or to the Services other than those expressly granted by this Agreement.
6.2. Finomatic assigns to the Client, with full title guarantee and free form all third party rights, all Intellectual Property Rights in the Deliverables.
7.1. The Client shall pay the Fees to Finomatic for the Services in accordance with this clause 9 and the Engagement Letter.
7.2. Finomatic shall invoice the Client and the Client shall pay each invoice into an account notified by Finomatic within 30 days after the date of such invoice.
7.3. If Finomatic has not received payment within 30 days after the due date, Finomatic shall notify Client of the non-payment in writing. If Client does not make payment of all amounts due within 21 days after the overdue notice, and without prejudice to any other rights and remedies of Finomatic interest shall accrue on such due amounts at a rate equal to 1.5% per month, commencing on the due date and continuing until fully paid, whether before or after judgment.
7.4. In the event the Client wishes to add additional Services to this Agreement that are associated with the Deliverable(s), the Client shall pay Finomatic in accordance with its then-current daily or hourly rate, available upon request.
7.5. All amounts and fees stated or referred to in this Agreement shall be payable in the currency set out in the Engagement Letter, are non-cancellable and non-refundable, and are exclusive of all applicable taxes.
8.1. Both during and for five years after the termination of this Agreement, each party (“Receiving Party”) shall keep in strict confidence any information that is proprietary or confidential and is either clearly labelled as such or which ought reasonably to be treated as confidential, including the existence and terms of the Agreement (and the fact that the parties are working together under this Agreement), all technical or commercial know-how, trade secrets, business information (including information relating to customers, clients, suppliers, plans, intentions, market opportunities, operations, products, processes and designs), technology, software, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (“Disclosing Party”), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain (“Confidential Information”). The Client Data is and shall remain the Confidential Information of Client.
8.2. The Receiving Party shall restrict disclosure of such Confidential Information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under the Agreement, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause “Confidentiality” shall survive termination of the Agreement.
8.3. This clause 8 shall not apply to the disclosure of Confidential Information which:
8.4. Notwithstanding the terms of clause 8.1 and 8.2 above, each party shall be entitled to reference the other party and this Agreement in relation to its marketing activities subject to the prior written consent of the other party.
Client shall defend, indemnify and hold harmless Finomatic against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) to the extent arising out of any third party claims resulting from reliance by any such third party on the Deliverables, and for any breach of clause 3.5.
10.1. This clause 10 sets out the entire financial liability of each Party (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) in respect of:
10.2. Except as expressly and specifically provided in this Agreement:
10.3. Nothing in these Terms and Conditions seeks to exclude Finomatic’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation. Finomatic excludes all other liability to the extent permitted at law.
10.4. Subject to clause 3, in no event shall Finomatic be liable for any loss of business, loss of profit, loss or corruption of data or for any indirect or consequential loss and Finomatic’s total aggregate liability arising under the Agreement or otherwise relating to the Services shall be limited to the total Fees paid or owing during the 12 month period preceding the date on which the claim arose.
10.5. The parties acknowledge and agree that any dates quoted for delivery of the Services are approximate only, and that the time of delivery is not of the essence. Finomatic shall not be liable for any delay in delivery of the Services that is caused by an event, circumstance or cause outside the control of Finomatic or the Client’s failure to provide Finomatic with adequate delivery instructions.
11.1. The Agreement shall commence on the Effective Date and, unless terminated earlier in accordance with clause 2, shall continue for the Term.
11.2. Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate this Agreement without liability to the other if:
11.3. On termination of this Agreement for any reason: the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.
12.1. In the event the parties are unable to resolve a dispute between them arising out of or relating to the Agreement, and except for claims for interdict or other similar relief, the parties will attempt to settle it by good-faith negotiation between the senior management of both parties.
12.2. If the dispute is not settled within 10 days of commencement of the negotiation or within such further period as the parties may agree in writing, the parties shall be free to seek to resolve the dispute by such other means subject always to clause 14.
13.1. The Agreement does not confer any rights on any person or party (other than the parties to the Agreement and, where applicable, their successors and permitted assigns).
13.2. If a party chooses to waive any particular right it has under the Agreement on any particular occasion, this does not prevent such party from exercising that right on another occasion.
13.3. If any part of the Agreement is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Agreement.
13.4. Neither party shall have liability to the other party under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control.
13.5. Neither party is entitled to transfer or assign its rights and obligations under the Agreement to anyone else without the other party’s prior written permission, except that permission is not required for assignments to third parties as a result of merger, acquisition, consolidation, or sale or transfer of all or substantially all of a party’s assets or capital stock and provided that the assignor in any such transaction notifies the other party in writing, and the assignee in any such transaction shall agree to comply with the obligations herein.
13.6. Nothing in the Agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
13.7. All notices required or permitted under the Agreement will be in writing and given by email to the addresses set out in the Service Confirmation or such other email address as parties may intimate from time to time. Any such notice shall be deemed to have been duly received when confirmation of completion of its transmission has been recorded by the sender’s email system.
13.8. The Agreement, including the Engagement Letter referencing these Terms and Conditions, constitutes the complete and exclusive understanding and agreement between Client and Finomatic regarding its subject matter and supersedes all prior or other agreements or understandings, written or oral, relating to its subject matter (including any proposal Finomatic may have issued to the Client). Each party acknowledges that, in entering into the Agreement it does not rely on any statement, representation, assurance or warranty (whether it was made negligently or innocently) of any person (whether a party to the Agreement or not) other than as expressly set out in the Agreement.
This Agreement shall be governed by English law. If either party requires to raise court proceedings in relation to any such dispute then the English courts shall have exclusive jurisdiction under this Agreement in relation to those proceedings.
Finomatic Consulting Limited respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
Please use the Glossary to understand the meaning of some of the terms used in this privacy policy.
Purpose of this privacy policy
This privacy policy aims to give you information on how Finomatic Consulting Limited collects and processes your personal data through your use of this website, including any data you may provide when you use our services.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.
Controller
Finomatic Consulting Limited is the controller and responsible for your personal data (collectively referred to as “Finomatic”, “we”, “us” or “our” in this privacy policy).
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.
Contact details
If you have any questions about this privacy policy or our privacy practices, please contact our data privacy manager in the following ways:
Full name of data privacy manager: Nicholas Hay
Email address: nicholas.hay@finomatic.co.uk
Postal address: 34 Clarges Street, London, W1J 7EJ
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review. This version was last updated on September 2022.
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.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
We use different methods to collect data from and about you including through:
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
To register you as a new customer
(a) Identity
(b) Contact
Performance of a contract with you
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(a) Identity
(b) Contact
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey
(a) Identity
(b) Contact
(c) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Identity
(b) Contact
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To make suggestions and recommendations to you about goods or services that may be of interest to you
(a) Identity
(b) Contact
(d) Marketing and Communications
Necessary for our legitimate interests (to develop our products/services and grow our business)
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
Promotional offers from us
We may use your Identity and Contact Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. We may, at our discretion, use third-party marketing services such as Sopro. Sopro’s website can be accessed here and their accompanying GDPR statement on their website can be accessed here.
We periodically appoint digital marketing agents to conduct marketing activity on our behalf, such activity may result in the compliant processing of personal information. Our appointed data processors include:
(i) Prospect Global Ltd (trading as Sopro) Reg. UK Co. 09648733. You can contact Sopro and view their privacy policy here. Sopro are registered with the ICO Reg: ZA346877 their Data Protection Officer can be emailed here.
Opting out
You can ask us or third parties to stop sending you marketing messages by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above.
We do not transfer your personal data outside of the UK.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. To find out more about these rights, please refer to the Glossary:
If you wish to exercise any of the rights set out above, please contact our data privacy officer whose details are listed at clause 1.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
THIRD PARTIES
External Third Parties
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
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