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Equiti is a registered trading name of Divisa UK Limited. Divisa UK Limited (“Divisa” or “The Firm”) is authorised and regulated by the Financial Conduct Authority (“FCA”) (FRN. 528328). In respect of the implementation of the Markets in Financial Instruments Directive (MiFID) in the European Union and in accordance with the Financial Conduct Authority (“FCA”) rules, Equiti is required to categorise its clients into one of the following three MAIN categories:
It should be noted however, that The Firm does not offer investment advice to its client regardless of client categorisation.
2. Categorisation Criteria
Retail Client: is a client who is not a professional client nor eligible counterparty. Retail clients receive the highest level of regulatory protection from the FCA. This includes the segregation of their funds, in line with current FCA Client Money (CASS rules), along with access to the Financial Ombudsman Service (FOS) and the Financial Services Compensation Scheme (FSCS).
Professional Client: is a client who possesses the experience, knowledge and expertise to make his own investment decisions and properly assess the risks that he incurs. There are two classifications of Professional Client which are as follows:
2.1 Per Se Professional Client is either:
1. One of the following categories listed below which is required to be authorised or regulated to operate in the financial markets, including an equivalent entity from a non-EEA state:
(a) a credit institution;
(b) an investment firm;
(c) any other authorised or regulated financial institution;
(d) an insurance Firm;
(e) a collective investment scheme or the management Firm of such a scheme;
(f) a pension fund or the management Firm of a pension fund;
(g) a commodity or commodity derivatives dealer;
(h) a local;
(i) any other institutional investor; or
2. In relation to MiFID or equivalent third country business, where a Per Se Professional qualifies as a Large Undertakingwill need to meet two out of the three following size requirements on a Firm basis:
3. In relation to non-MiFID business or equivalent third country business a Large Undertaking will need to meet either of the following conditions:
(a) A body corporate (including a limited liability partnership) which has (or any of whose holding companies or subsidiaries has) called up share capital of at least £5m (or its equivalent in any other currency; or
(b) A large undertaking that meets (or any of whose holding companies or subsidiaries meets) two of the following tests:
(i) a balance sheet total of €12,500,000;
(ii) a net turnover of €25,000,000;
(iii) an average number of employees during the year of 250; or
(c) A partnership or unincorporated association which has (or has had at any time during the previous two years) net assets of at least £5 million (or its equivalent in any other currency at the relevant time) and calculated in the case of a limited partnership without deducting loans owing to any of the partners;
(d) A trustee of a trust (other than an occupational pension scheme, SSAS, personal pension scheme or stakeholder pension scheme) which has (or has had at any time during the previous two years) assets of at least £10 million (or its equivalent in any other currency at the relevant time) calculated by aggregating the value of the cash and designated investments forming part of the trust's assets, but before deducting its liabilities;
(e) A trustee of an occupational pension scheme or SSAS, or a trustee or operator of a personal pension scheme or stakeholder pension scheme where the scheme has (or has had at any time during the previous two years):
(i) At least 50 members; and
(ii) Assets under management of at least £10 million (or its equivalent in any other currency at the relevant time);
(f) A local authority or public authority.
4. A national or regional government, a public body that manages public debt, a central bank, an international or supranational institution (such as the World Bank, the IMF, the ECP, the EIB) or another similar international organisation;
5. Another institutional investor whose main activity is to invest in financial instruments (in relation to the firm's MiFID or equivalent third country business) or designated investments (in relation to the firm's other business). This includes entities dedicated to the securitisation of assets or other financing transactions.
2.2 Elective Professional Client:
Equiti may treat a client as an Elective Professional Client if it has been assessed as compliant with (a) and complies with (b):
a. The firm undertakes an adequate assessment of the expertise, experience and knowledge of the client that gives reasonable assurance, in light of the nature of the transactions or services envisaged, that the client is capable of making his own investment decisions and understanding the risks involved; (the "qualitative test");
b. In relation to MiFID or equivalent third country business in the course of that assessment, at least two of the following criteria are satisfied:
(i) The client has carried out transactions, in significant size, on the relevant market at an average frequency of 10 per quarter over the previous four quarters;
(ii) The size of the client's financial instrument portfolio, defined as including cash deposits and financial instruments, exceeds € 500,000;
(iii) The client works or has worked in the financial sector for at least one year in a professional position, which requires knowledge of the transactions or services envisaged;(the "quantitative test"); and
The following procedure should then be followed:
c. The client must state in writing to the firm that it wishes to be treated as a professional client either generally or in respect of a particular service or transaction or type of transaction or product;
d.The firm must give the client a clear written warning of the protections and investor compensation rights the client may lose; and
e.The client must state in writing, in a separate document from the contract, that it is aware of the consequences of losing such protections.
Eligible Counterparty Clients: An eligible counterparty is a client that is either a per se eligible counterparty or an elective eligible counterparty.
Clients can only be an eligible counterparty if the firm is undertaking one of the following activities for them:
If the firm is not conducting any of these transactions, then the client cannot be classed as an eligible counterparty.
2.3 Per Se Eligible Counterparties:
Each of the following is a per se eligible counterparty (including an entity that is not from an EEA state that is equivalent to any of the following) unless and to the extent it is given a different categorisation under COBS 3.6:
a) An investment firm;
b) A credit institution;
c) An insurance company;
d) A collective investment scheme authorised under the UCITS Directive or its management company;
e) A pension fund or its management company;
f) Another financial institution authorised or regulated under EU or the national law of an EEA State;
g) An undertaking exempted from the application of MiFID under either Article 2(1)(k) (certain own account dealers in commodities or commodity derivatives) or Article 2(1)(l) (locals) of that directive;
h) A national government or its corresponding office, including a public body that deals with the public debt;
i) A central bank;
j) A supranational organisation.
2.4 Elective Eligible Counterparties
A firm may treat a client as an elective eligible counterparty if:
1. The client is an undertaking and:
a) Is a per se professional client (except for a client that is only a per se professional client because it is an institutional investor under COBS 3.5.2 R (5)) and, in relation to business other than MiFID or equivalent third country business:
i) Is a body corporate (including a limited liability partnership) which has (or any of whose holding companies or subsidiaries has) called up share capital of at least £10 million (or its equivalent in any other currency at the relevant time); or
ii) Meets the criteria in the rule on meeting two quantitative tests (COBS 3.5.2 R (3)(b)) (see (b) under ‘Per se Professional Clients’); or
b) Requests such categorisation and is an elective professional client, but only in respect of the services or transactions for which it could be treated as a professional client; and
2. The firm has, in relation to MiFID or equivalent third country business, obtained express confirmation from the prospective counterparty that it agrees to be treated as an eligible counterparty.
The categories of elective eligible counterparties include an equivalent undertaking that is not from an EEA State provided the above conditions and requirements are satisfied.
Equiti (”We”) is a trading name of Divisa UK Ltd, which is registered in England and Wales under company number 07216039, and is authorised and regulated by the Financial Conduct Authority (FRN: 528328), with its registered office at 69 Wilson Street, London, EC2A 2BB United Kingdom.
We are committed to protecting and respecting your privacy, and are bound by the Data Protection Act 1988 and registered with the Information Commissioners Office (“ICO”) under number: ZA010990. For the purposes of the Data Protection Act 1998 (the Act), the data controller of your data is Divisa UK Ltd.
Please read the following carefully to understand our views and practices regarding your personal data.
By visiting www.equiti.com you are accepting and consenting to the practices described in this Policy.
We train our employees who handle personal information to respect the confidentiality of customer information and the privacy of individuals. We regard breaches of your privacy very seriously and will impose appropriate penalties, including dismissal, should we deem it necessary.
For the purposes of the Act We have nominated a Data Protection Officer to ensure that the management of personal information complies with this Act and this Policy.
INFORMATION WE COLLECT FROM YOU
We will collect and process the following data about you from:
Information you give us:
Information we collect about you:
Information we receive from other sources:
We work 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). We use this information to, amongst other matters, assist us in AML/KYC matters.
We are always looking at ways to improve efficiency and functionality for customer experience on the website through technology enhancements. This may mean a change to the way in which we collect or use personal information. The impact of any technology changes which may affect your privacy, will be notified to you at the time of any such change.
LINKS TO THIRD PARTY WEBSITES
HOW WE USE THE INFORMATION
We use information held about you in the following ways from:
Information you give to us :
Information we collect about you we will use as follows:
DISCLOSURE OF YOUR INFORMATION
Depending on the product or service concerned and particular restrictions on sensitive information, this means that personal information may be disclosed to:
You agree that We have the right to share your personal information with:
We will disclose your personal information to third parties:
WHERE WE STORE YOUR PERSONAL DATA
We hold personal information in a combination of secure cloud storage facilities, held electronically on off-site back-up servers or held within multiple cloud servers and we take all necessary steps to protect the personal information we hold from misuse, loss, unauthorised access, modification or disclosure.
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (”EEA”). By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy .
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
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; 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.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. 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 by Email: [email protected]
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Further information on subject access requests can be found on the Information Commission Officer’s website (https://ico.org.uk/)
To make a request, please write to us, verifying your identity and specifying what information you require.
We may charge you a £10.00 fee for each request made for a copy of any of your personal information that we hold about you, which you may advise us of any perceived inaccuracies. The charge covers the cost of verifying your identity, locating and retrieving and reviewing the application requested, and copying any requested material. We shall acknowledge your request and respond to it within 40 days, following receipt of your application and the applicable fee.
CONTACT FOR COMPLAINTS
Divisa UK Limited
69 Wilson Street
London EC2A 2BB
Email: [email protected]
In line with current FCA regulations if you are not satisfied with our final response to your complaint, you can refer your complaint to the Financial Ombudsman Service (FOS) who will review your complaint on an independent basis. Contact details can be found at their website detailed here: http://www.financial-ombudsman.org.uk/consumer/complaints.htm Their address is: Exchange Tower, Harbour Exchange Square, London E14 9SR
Website Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Equiti (”We”) is a trading name of Divisa UK Limited. Divisa UK Limited is authorised and regulated by the Financial Conduct Authority under its Firm Registration Number (FRN: 528328). Divisa UK Limited is registered in England & Wales under company number 07216039 with its registered office at 69 Wilson Street, London, EC2A 2BB United Kingdom. www.equiti.com is a website owned and operated by Divisa UK Limited.
These terms tell you the rules for using our website: www.equiti.com
BY USING OUR SITE YOU ACCEPT THESE TERMS
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
WE MAY MAKE CHANGES TO OUR SITE
We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will make reasonable efforts to provide you with appropriate notice of any major changes.
WE MAY SUSPEND OR WITHDRAW OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Under certain exceptional circumstances, we may have no option but to suspend, withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
OUR SITE IS ONLY FOR USERS IN THE UK. Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at: [email protected]
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
DO NOT RELY ON INFORMATION ON THIS SITE
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
USER-GENERATED CONTENT IS NOT APPROVED BY US
This website may include information and materials uploaded by other users of the site, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us at: [email protected]
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user:
If you are a business user:
If you are a consumer user:
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our site other than that set out above, please contact: www.equiti.com
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
This acceptable use policy sets out the terms between you and us under which you may access our website www.equiti.com (our site). This acceptable use policy applies to all users and visitors to our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use. The site operated is by Divisa Capital. Divisa Capital is a trading name of Divisa UK Limited a company registered in England and Wales under company number 07216039, have its registered office at 69 Wilson Street, London EC2A 2BB, regulated by the Financial Conduct Authority under FRN: 528328.
You may use our site only for lawful purposes. You may not use our site:
You also agree:
We may from time to time provide interactive services on our site, including, without limitation: (interactive services)
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must not:
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.