Financial Express (Holdings) Limited (“we”, “our”, “us” and derivatives) are committed to protecting and respecting your privacy. This Privacy Policy, together with our Terms of Use, sets out the basis on which any personal data that we collect from you, or that you provide to us, will be processed by us relating to your use of any of the below websites (“sites”).

  • FEAnalytics.com
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  • FETransmission.com
  • Investegate.co.uk
  • Trustnet.hk
  • Trustnetoffshore.com
  • Trustnetmiddleeast.com

For the purposes of the Data Protection Act 1998, the data controller is Trustnet Limited of 2nd Floor, Golden House, 30 Great Pulteney Street, London, W1F 9NN. Our nominated representative for the purpose of this Act is Kirsty Witter.

WHAT INFORMATION DO WE COLLECT ABOUT YOU?

We collect information about you when you register with us or use any of our websites / services. Part of the registration process may include entering personal details & details of your investments.

We may collect information about your computer, including where available your operating system, browser version, domain name and IP address and details of the website that you came from, in order to improve this site.

You confirm that all information you supply is accurate.

COOKIES

In order to provide personalised services to and analyse site traffic, we may use a cookie file which is stored on your browser or the hard drive of your computer. Some of the cookies we use are essential for the sites to operate and may be used to deliver you different content, depending on the type of investor you are.

You can block cookies by activating the setting on your browser which allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or part of our sites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit our sites.

HOW WE USE INFORMATION

We store and use information you provide as follows:

  • to present content effectively;
  • to provide you with information, products or services that you request from us or which may interest you, tailored to your specific interests, where you have consented to be contacted for such purposes;
  • to carry out our obligations arising from any contracts between you and us;
  • to enable you to participate in interactive features of our service, when you choose to do so;
  • to notify you about changes to our service;
  • to improve our content by tracking group information that describes the habits, usage, patterns and demographics of our customers.

We may also send you emails to provide information and keep you up to date with developments on our sites. It is our policy to have instructions on how to unsubscribe so that you will not receive any future e-mails. You can change your e-mail address at any time.

In order to provide support on the usage of our tools, our support team need access to all information provided in relation to the tool.

We will not disclose your name, email address or postal address or any data that could identify you to any third party without first receiving your permission.

However, you agree that we may disclose to any regulatory authority to which we are subject and to any investment exchange on which we may deal or to its related clearing house (or to investigators, inspectors or agents appointed by them), or to any person empowered to require such information by or under any legal enactment, any information they may request or require relating to you, or if relevant, any of your clients.

You agree that we may pass on information obtained under Money Laundering legislation as we consider necessary to comply with reporting requirements under such legislation.

ACCESS TO YOUR INFORMATION AND CORRECTION

We want to ensure that the personal information we hold about you is accurate and up to date. You may ask us to correct or remove information that is inaccurate.

You have the right under data protection legislation to access information held about you. If you wish to receive a copy of any personal information we hold, please write to us at 3rd Floor, Hollywood House, Church Street East, Woking, GU21 6HJ. 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.

WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, amongst other things, the provision of support services. By submitting your personal data, you agree to this transfer, storing and processing. We will take all steps reasonably necessary, including the use of encryption, to ensure that your data is treated securely and in accordance with this privacy policy.

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 sites; any transmission is at your own risk. You will not hold us responsible for any breach of security unless we have been negligent or in wilful default.

CHANGES TO OUR PRIVACY POLICY

Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

OTHER WEBSITES

Our sites contain links to other websites. 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.

CONTACT

If you want more information or have any questions or comments relating to our privacy policy please email publishing@financialexpress.net in the first instance.

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Thursday 08 May, 2008

OFCOM

Ofcom fines ITV plc

Office of Communications
08 May 2008

8 May 2008



Ofcom Update: Ofcom fines ITV plc for misconduct in viewer competitions and
voting



Ofcom has informed ITV plc this morning that it is imposing a fine totalling
£5,675,000 for some of the most serious breaches of Ofcom's Broadcasting Code
concerning the abuse of premium rate services (PRS) in its programming1.



The fine, which is by far the highest imposed by Ofcom or any of the previous
regulators, reflects not only the seriousness of ITV's failures but also their
repeated nature.  The previous highest fine imposed by Ofcom was £2 million on
GMTV in September 2007.



Separately, ITV plc has pledged an additional £7.8 million for viewer
compensation and to charity. This fact was taken into account by Ofcom in
reaching its decision on the level of the fines.



Ofcom's investigation considered information voluntarily supplied by ITV plc
from its review by auditors Deloitte and also material obtained by Ofcom during
its own investigations.



Sanctions Cases



Ant & Dec's Saturday Night Takeaway:

Various dates between 14 January 2003 to 21 October 2006



Ofcom has imposed a financial penalty on LWT Ltd of £3 million and has directed
it to broadcast a summary of Ofcom's findings on two occasions on ITV1.



In summary, Ofcom's investigation found the following conduct in breach of its
Codes in three competitions within this programme:



Grab the Ads

  • Selecting competition finalists before the telephone lines were announced
    as closed;
  • Staggering the selection of competition finalists which meant that viewers
    entering the competition did not have a fair and equal chance of winning;
  • Selecting finalists on the basis of their suitability to be on television
    and where they lived - contrary to the broadcaster's own terms and
    conditions, which explicitly stated that entrants would be chosen randomly.



Jiggy Bank

  • Selecting finalists for the competition based purely on where they lived -
    contrary to the broadcaster's own terms and conditions, which explicitly
    stated that entrants would be chosen randomly;
  • Selecting winners on the basis of their suitability to be on screen,
    contrary to the broadcaster's own terms and conditions, which explicitly
    stated that entrants would be chosen randomly;
  • On one occasion, an individual already known to the production team was
    placed on the shortlist of potential winners and went on to 'win' the
    competition.



Win the Ads

  • Selecting members of the studio audience from the competition entrants on
    the basis of their suitability to be on screen, contrary to the
    broadcaster's own terms and conditions, which explicitly stated that
    entrants would be chosen randomly.



Ant & Dec's Gameshow Marathon:

17 September - 29 October 2005



Ofcom has imposed a financial penalty on LWT Ltd of £1.2 million and has
directed it to broadcast a summary of Ofcom's findings on two occasions on ITV1
relating to the following conduct:



  • On six occasions in the Prize Mountain competition, winners were selected
    based on their suitability to be on screen.  This was contrary to the
    broadcaster's own terms and conditions, which explicitly stated that
    entrants would be chosen randomly;
  • Additionally, the licensee was unable to account for almost half of the
    competition entries.



Soapstar Superstar:

5 - 13 January 2007



Ofcom has imposed a financial penalty on Granada Television Ltd of £1.2 million
and directed it to broadcast a summary of Ofcom's findings on two occasions on
ITV1 relating to the following conduct:



  • In one programme, the programme makers ignored the viewers' vote and
    finalised results before the lines had actually closed.  This resulted in
    the wrong participants being put forward for eviction;
  • On a number of occasions, the production team overrode the song choices
    voted for by viewers. On these occasions a proportion of viewers who voted
    had not got what they had paid for.



ITV2+1:

12 December 2006 - 24 October 2007



Ofcom has imposed a financial penalty on ITV2 Ltd of £275,000 relating to the
following conduct:



  • On 28 separate occasions, when repeating programmes, the broadcaster
    failed to inform viewers that interactive competitions had concluded. This
    meant that all PRS entries in these competitions had no chance of winning
    but were still charged.
  • On 3 separate occasions, when repeating an interactive dating programme
    (Playdate), the broadcaster failed to inform viewers that the broadcasts
    were not live and interactivity was no longer available. This meant that the
    PRS entry routes to participate in the programmes remained open and anyone
    who called was still charged.



The Chairman of Ofcom's Content Sanctions Committee, Philip Graf, said: 'ITV
programme makers totally disregarded their own published terms and conditions
and Ofcom Codes.  Further there was a completely inadequate compliance system in
place.  The result was that millions of paying entrants were misled into
believing they could fairly interact with some of ITV's most popular programmes.
'



Commenting on today's decision to sanction ITV, Ofcom Chief Executive Ed
Richards said: 'This was a thorough set of investigations which uncovered
institutionalised failure within ITV that enabled the broadcaster to make money
from misconduct on mass audience programmes.  The industry can be in no doubt
how seriously Ofcom takes the issue of audience trust. Our new licence
conditions requiring broadcasters, who operate in this area, to conduct third
party audits will ensure that consumers are protected'.



Additional ITV PRS Issues



ITV's review of PRS by Deloitte covered key findings on networked ITV
programmes. However, no reference was made to ITV's regional programming where
PRS was also used. Ofcom therefore requested further information and details on
potential issues relating to regional programming.



Due to its inadequate systems, ITV was unable to provide Ofcom with sufficient
data and evidence to enable Ofcom to carry out fully an investigation into these
cases. Ofcom considers that this lack of information appears to indicate an
absence of robust systems in place in the operation of PRS in regional
programming. ITV plc appeared to have introduced the use of PRS in ITV regional
programming with little or no assessment of the associated risks and with poor
levels of supervision.



Other cases in breach of Ofcom's Broadcasting Code



In addition to the above, the following were found to be in breach of the Code
but no  sanction was imposed:



ITV1: I'm A Celebrity Get Me Out of Here! (LWT Limited): 30 November 2006



ITV1: People's Court: 17 March 2008



ITV Play: ITV Playalong (16 November 2006), The Mint (7 December 2006),
Glitterball (6 March 2007)



Cases not in breach of Ofcom's Broadcasting Code



Ofcom also investigated allegations made about the 2005, 2006 and 2007 series of
The X Factor. Ofcom found that these programmes did not breach the Code.



In particular, a detailed minute by minute analysis of the call data established
that in the 2007 finals Leon Jackson was correctly announced as the winner (over
Rhydian Roberts); that ITV did not mislead its audience in claiming that the
finalists were 'neck and neck'; and the difficulties some viewers found in
calling the programme did not result in unfairness.



The full Adjudications are available on the Ofcom website at:



http://www.ofcom.org.uk/tv/obb/ocsc_adjud/



All other findings can be found within Ofcom's Broadcast Bulletin Issue no.108
on the Ofcom website at:



http://www.ofcom.org.uk/tv/obb/prog_cb/obb108/



Other on-going investigations



There are a number of other on-going investigations which Ofcom is conducting.
These include the British Comedy Awards (2004 and 2005) broadcast on ITV1, the
Secret Sound competition broadcast on a number of GCap radio stations, and a
number of programmes on BBC radio and television, some of which are PRS cases.



These investigations are well-advanced, with Ofcom obtaining the reports and
information we have requested from broadcasters and the relevant licensee.  The
results of these investigations will be published in the coming weeks.



NOTES TO EDITORS



1.      In the case of programmes shown across the ITV network, the
responsibility for compliance (and the liability for a potential financial
penalty) falls to the licensee chosen to comply the programme on behalf of the
ITV network.  In these cases, the compliance licensee for Ant & Dec's Saturday
Night Takeaway and Ant & Dec's Gameshow Marathon was LWT Ltd.  In the case of
Soapstar Superstar the compliance licensee was Granada Television Ltd. Following
the merger in 2004 between Carlton Communications plc and Granada plc, these
companies are now part of ITV plc.



2.      The following Broadcasting Rules were relevant to these investigations:



•         Rule 2.2: 'Factual programmes or items or portrayals of factual
matters must not materially mislead the audience.';

•         Rule 2.11: 'Competitions should be conducted fairly, prizes should be
described accurately and rules should be clear and appropriately made known ';

•         Rule 8.2(b) of the ITC (Independent Television Commission) Programme
Code 2002 'Use of Premium Rate Telephone Services in Programmes: The licensee
must retain control of and responsibility for the service arrangements....'.
(This section of the ITC Code was in force until July 2005)



3.      The procedures for investigating content and content-related cases are
available at http://www.ofcom.org.uk/radio/ifi/ifiguidance/sanctions/.  These
procedures set out the way Ofcom investigates cases and considers the imposition
of statutory sanctions, including fines.  The broadcaster is not aware of the
level of any sanction imposed until just before it is published by Ofcom.



4.      Ofcom is the independent regulator and competition authority for the UK
communications industries, with responsibilities across television, radio,
telecommunications and wireless communications services.



For further details please visit www.ofcom.org.uk.



CONTACT



Kate Lee

Ofcom Media Office

mediaoffice@ofcom.org.uk

(+44) (0)20 7981 3033




                      This information is provided by RNS
            The company news service from the London Stock Exchange