Portoptimo_Privacy_Policy_October_2024.pdf
Under FCA rules the results of our analysis do not constitute advice, just the provision of information. We collect no personal information on end users, our software receives only a weighted combination of assets, chosen by an anonymous end user and with no information relating to their personal circumstances or risk appetite. The relevant sections of the FCA Perimeter Guidance Manual (PERG) handbook are quoted below.
In the FCA's view, advice requires an element of opinion on the part of the adviser. In effect, it is a recommendation as to a course of action. Information, on the other hand, involves statements of fact or figures.
(1) In general terms, simply giving information without making any comment or value judgment on its relevance to decisions which an investor may make is not advice.
(2) The provision of purely factual information does not become regulated advice merely because it feeds into the customer’s own decision-making process and is taken into account by them.
(3) Regulated advice includes any communication with the customer which, in the particular context in which it is given, goes beyond the mere provision of information and is objectively likely to influence the customer’s decision whether or not to buy or sell.
(4) A key to the giving of advice is that the information:
(5) Advice can still be regulated advice if the person receiving the advice: