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Legal

Legal provisions that govern NEST

Some of the areas covered on this website are set out in the legal provisions that govern NEST, known as the Order and Rules. These apply to both members and employers. Additional terms and conditions also apply for employers who participate in NEST. These are set out in the Employer Terms and Conditions.

We've taken care to make sure this website is an accurate reflection of the legal rules. This includes the Employer Terms and Conditions where appropriate.  However, the website doesn't cover everything and does not in itself give you rights or obligations in respect of your relationship with NEST. The Order and Rules and the Employer Terms and Conditions contain the main legally binding provisions of NEST.

You can read the full Order and Rules and the full Employer Terms and Conditions on this website.

Your scheme

NEST is designed to provide large numbers of employers with access to a pension scheme. Each employer using NEST will have their own account. Because you can set up and manage your account in a way that suits your organisation's specific needs, we sometimes refer to your account as "Your Scheme".

Taking your money out of NEST

Throughout this site we use the phrase "Taking money out of NEST". Where we use this, we mean:

  • taking some or all of your retirement pot as cash
  • converting to a retirement income through NEST
  • transferring benefits to another pension scheme

Delegated access

If you delegate access to your account to someone else, you're still responsible and liable for anything they do in relation to your account. You're also responsible for making sure they meet any legal or regulatory requirements, such as data protection laws.

If you delegate access to your account to someone else and they have the permissions needed, we'll act on their instructions.

If we get conflicting instructions from those with delegated access to your account, we'll act on the basis of the latest instruction we receive. The only circumstances where we won't act on the latest instruction are if it's not practical to act on this instruction.

Information on tax and National Insurance

The website provides certain information on tax relief and National Insurance. This information is provided to help in managing your account with NEST. The information is based on the current tax legislation and HMRC guidance as understood by NEST. Members remain personally responsible for ensuring that they comply with the current tax regime and employers need to ensure they comply with paragraph 4.1.3 of the NEST Employer Terms and Conditions when enrolling workers into NEST.

NEST has taken care to ensure that the information contained on the website is complete and up to date but NEST cannot be held responsible for any loss incurred as a result of the use of this information or any omissions in the information. If you have any doubts.

How we protect your privacy

NEST Corporation ('we' or 'us') takes your privacy seriously. Please read the following important information which explains our data protection policy and describes how we will use any personal data we collect from you, or that you provide to us.

All activity on the NEST website is logged and monitored to help keep personal information secure and to ensure that NEST complies with its obligations under the Data Protection Act 1998. By using this website you agree to the collection, use and transfer of the information you provide to us in line with the terms of our data protection policy.

Our principles

  • We'll only collect and use your information where we have lawful grounds and legitimate business reasons to do so.
  • We'll be transparent in our dealings with you, and will tell you how we will collect and use your information.
  • If we collect your information for a particular purpose we'll only use it for that purpose, unless you have been otherwise informed and given your permission where relevant.
  • We'll not ask for more information than we need for the purposes for which we are collecting it.
  • We'll update our records when you tell us that your details have changed.
  • We'll continue to review and assess the quality of our information.
  • We'll periodically review your personal information to ensure we do not keep it for longer than is necessary.
  • We'll ensure that your information is securely disposed of at the end of the appropriate retention period.
  • We'll observe your rights under applicable privacy and data protection laws and will ensure that queries relating to privacy issues re dealt with promptly and transparently.
  • We'll train our staff on their privacy obligations.
  • We'll ensure we have appropriate physical and technological security measures to protect your information regardless of where it is held.

Unfortunately, the transmission of information via the internet is not completely secure. Although we'll do our best to protect your personal data, we can't guarantee the security of data transmitted by you through our website. Any transmission of data is at your own risk.

Once we have received your information, we'll use strict procedures and security features to try to prevent unauthorized access.

Passing on information about you

  • We don't sell, lend or lease any of the information with anyone that uniquely identifies an individual, such as email addresses or personal details, with anyone. We only share your information with third parties where it is necessary to process transactions or to provide or improve services that you've requested.
  • We may pass information to The Pensions Regulator (TPR) and/or other regulatory/governing bodies for the purposes of compliance monitoring.
  • We may pass on your information to government bodies and departments for research and statistical purposes with your specific consent.

What about legally compelled disclosure of information?

You agree that we may disclose your personal information as part of a legal process, for example, in response to a court order. We may also disclose such information in response to a law enforcement agency’s request or where they believe it is necessary.

This could be to investigate, prevent, or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the physical safety of any person. It could also include non-compliance with our website rules, or as otherwise permitted.

Improving our service to you

To ensure that any services we provide you with continue to meet your needs, we may ask you for your feedback. Where we do so, and if you respond, your data will only be used as part of our programme of continuous improvement and won't be published on the website.

Where we publish results of our surveys we will ensure that the feedback is only presented anonymously as a combination of all responses and we will not publish individual responses.

How can you access and correct your information?

NEST Corporation is a public authority in its role as a non-departmental public body.

The Freedom of Information Act 2000 gives any person of any nationality, anywhere in the world, the right of access to official information held by public authorities.

Visit our Publications section to find out more about what information NEST Corporation publishes, how we respond to information requests and how we handle complaints.

If you'd like to request information about NEST Corporation, please read the FOI guidance notes for applicants (PDF, 110KB).

To make a request for information under the Freedom of Information Act please send your request to secretariat@nestcorporation.org.uk or

Freedom of Information requests
Secretariat
NEST Corporation
Riverside House
Southwark Bridge Road
London
SE1 9HA

You may under the Data Protection Act 1998 make a request to access all your personally identifiable information that is held by us and maintained in our database by emailing us at  secretariat@nestcorporation.org.uk. 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.

Third party providers and data privacy

  • When we outsource any processes we'll ensure the supplier has appropriate security measures in place and will require them to comply with privacy principles as part of our contract with them.
  • If you choose to purchase an annuity with a third party annuity provider through our website, the information you've given us will be passed to and held by that annuity provider. This is together with any further information they request, supplied by you for the purposes set out in their privacy policy.
  • We strongly advise you to read your chosen annuity provider's privacy policy and understand how the annuity provider will use your personal information before entering into the contract. We are not responsible for how an annuity provider uses your personal information once you have entered a contract with that annuity provider.

Transferring your information abroad

  • Information supplied by you to us will only be transferred abroad by us or our agents, for the purpose of providing services to you, or when you have given your prior consent to such a transfer.
  • We'll ensure that suitable safeguards are in place before personal information is transferred to other countries.

Visitor information

We don't collect any personal information on visitors to this site without notification and consent.

Comments and questions

If you send an enquiry by email to a specific address on the website, it may not always be possible for us to provide the information directly. We may pass your enquiry to another government agency so that they can fulfil your request.

Cookies and IP addresses

This website uses cookies.  To view our 'Cookies policy', please see here

IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used to identify your computer. IP addresses are automatically collected by our web server so that data, such as the web pages you request, can be sent to you.  We don't use IP addresses to identify you as an individual.

Policy modifications

We may change our privacy policy from time to time. If or when changes are made we will include them here, so be sure to check back occasionally.

Disclaimer agreement

All visitors to www.nestpensions.org.uk (the ‘website’) should read this disclaimer. By using this website you acknowledge and accept these terms of use. If you don't accept these terms, don't use this website. On each occasion that you access this website you'll be deemed to have accepted the terms.

NEST Corporation may revise these terms of use at any time without notice by updating this website. You should check this website from time to time to review the current terms. Your use of this website following any such changes will be viewed as your acceptance of the revised terms. Certain parts of these terms may be overruled by specific legal notices or terms located on particular pages of this website.

About us

This website is operated by Tata Consultancy Services (TCS) on behalf of NEST Corporation. NEST Corporation is the name for the National Employment Savings Trust Corporation established under Section 75 of the Pensions Act 2008. NEST Corporation is appointed as the trustee of the pension scheme known as NEST (National Employment Savings Trust).

NEST Corporation is regulated by The Pensions Regulator.

Our full contact details are:

NEST Corporation
Riverside House
Southwark Bridge Road
London
SE1 9HA

General enquiries (not journalists): 0203 056 3600

Email: enquiries@nestcorporation.org.uk

Website purpose

The purpose of this website is to educate interested parties about NEST and NEST Corporation.

It also allows participating employers and their representatives to administer their accounts and enables members and their representatives to manage their retirement pots online.

You may access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you are a member, a participating employer or an authorised representative of either.

Advice

You shouldn't take any content on this website as constituting financial or other professional advice in any way. You should consult a financial adviser or other professional adviser if you want this type of advice.

Trade marks

The name NEST and our logo are registered trade marks of NEST Corporation. You're not allowed to use these trade marks without receiving our permission beforehand. NEST Corporation may also claim rights in other trade marks, service marks, logos and icons shown on this website. If you breach or we suspect you have breached this term, we're entitled to bring any legal action we think necessary to protect our trade marks.

Copyright

This website, including its screens displaying the pages, the information and material shown on those pages and their design are the property of NEST Corporation or its licensors unless otherwise indicated. If you breach or we suspect you've breached our copyright, we're entitled to bring any legal action we think necessary to protect our copyright. You may copy the material contained on this website for non-commercial, personal use. You may download any page, form, attachments, video or sound clip as long as you don't change the contents of the download in any way and you acknowledge the source of these materials. You may not create derivative works of any material or content on this website.

Website information

We take all reasonable steps to ensure that the information contained within this website is clear, accurate and easy to use and we update this website regularly. We don't accept any liability for any inaccuracies, incompleteness of information, errors or omissions.

Availability

We take all reasonable steps to ensure this website is always available, but we won't be held liable if for any reason it is unavailable for any period. We may also have to suspend access to the website for routine or emergency updates and maintenance.

While we make every effort to ensure the website is available and secure, given the nature of the internet, we don't warrant or guarantee that this will always be the case.

We cannot guarantee that this website will be free of viruses or defects of any description. We won't be held responsible for any technical problems you may suffer as a result of using this website.

Links from our website

This website may contain hypertext links to websites operated by other parties. The operation and content of those websites is the responsibility of the parties controlling them. Separate terms of use affecting those websites will apply.

Links to third party websites are provided for your convenience only. If we include a link on this website, this does not imply that we endorse or make any representation regarding the website, any material found within it or any results you may obtain by using it. We accept no responsibility or liability for the contents of any linked website.

Links to our website

You may link to our website, provided you don't replicate the home page of this website, and subject to the following conditions:

  • you don't in any way imply that we endorse or approve any products or services other than our own
  • you don't misrepresent your relationship with, nor present any other false information about us
  • you don't otherwise use any NEST Corporation trade marks displayed on this website
  • you don't link from a website that is not owned by you
  • your website doesn't contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

If you breach or we suspect you've breached this term, we reserve the right to withdraw linking permission without notice and take any action we deem appropriate.

You agree to financially cover us for any loss or damage suffered by us if you don't comply with any of the terms of this paragraph.

If you want to make use of material on our website other than what is set out above, you should send your request to support@nestpensions.org.uk

Your conduct

You must not use this website in any way that causes or is likely to cause the website and/or access to it to be interrupted, damaged or otherwise interfered with. In particular you must use this website for legitimate purposes only. You must not use it in connection with any fraudulent and/or unlawful activity.

You must not or allow any other person to:

  • disassemble any part of the website or its content or any software used in connection with the website  misuse this website by hacking or sending or distributing multiple unsolicited junk emails or messages, chain letters or otherwise disrupt the service of the networks through which we have access
  • use this website for any commercial, profit-making or re-sale purposes. This includes systematic extraction and/or re-use of any part of a service or its content
  • gain unauthorised access to this website, the server on which this website is stored, or any server, computer or database connected to this website
  • attack this website by attempting to prevent it from working

By doing or attempting to do any of the acts listed above you may be committing a criminal offence under the Computer Misuse Act 1990. We'll report any breach of this Act to the relevant law enforcement authorities. We'll also co-operate with those authorities by letting them know your identity.

In the event of a breach or a suspected breach we have the right to issue a warning against you. We also have the right to limit your use of this website immediately, either temporarily or permanently. A Court may ask you to pay fines and penalties. In criminal cases, you may also face a prison sentence.

You agree to financially cover us against all losses, liabilities, costs and/or expenses reasonably suffered or incurred by us, including any damages awarded against us under any court judgement, or as may be reasonably agreed to be paid by us in settlement of any claim in connection with:

  • any claim by any third party as a result of your breach of these terms; and/or
  • any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with your breach of  these terms

Liability

NEST Corporation, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract of otherwise) in any way or in connection with:

  • this website
  • the use, inability to use or the results of use of this website
  • any websites linked to this website or the material on such websites
  • your downloading of any material from this website or any websites linked to this website
  • viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website

Nothing in these terms shall exclude or limit our liability for:

  • death or personal injury caused by our negligence (as defined by the Unfair Contract Terms Act 1977)
  • fraud
  • misrepresentation as to a fundamental matter
  • any liability which cannot be excluded or limited under applicable law

Written communications

Whilst we take reasonable steps to ensure the emails you send to us will be received, we cannot guarantee this. We also cannot guarantee that the contents of the emails you send to us will stay private or unchanged between being sent by you and received by us.

We may monitor the use and content of emails that are sent from and received by us. We may also monitor emails so we can identify and take legal action against unlawful or improper use of our systems. The main examples of unlawful or improper use are attempting to impersonate NEST Corporation, the transmission of computer viruses and attempts to prevent this website or its services from working.

Third party rights

Nothing in these terms confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999. This does not affect any other rights.

Waiver

If you breach these terms and we take no action we'll still be entitled to use our rights and remedies in other situations where you are in breach.

Invalidity of a term of use

If any part of any of these terms of use is found not to be enforceable, such term shall not apply to the extent that its removal does not affect the validity of the remainder of these terms.

Governing law for these terms of use

By using this website you agree to be bound by these terms. The terms will be governed by and interpreted in accordance with the laws of England. The English courts will have jurisdiction to resolve any disputes between us.

Information contained within the NEST Adviser Fund Factsheets is provided using the Barra One system

The Barra information may only be used for your internal use, may not be reproduced or redisseminated in any form and may not be used to create any financial instruments or products or any indices.

The Barra information is provided on an 'as is' basis and the user of this information assumes the entire risk of any use made of this information.

Barra, each of its affiliates and each other person involved in or related to compiling, computing or creating any Barra information (collectively, the 'Barra Parties') expressly disclaims all warranties (including, without limitation, any warranties of originality, accuracy, completeness, timeliness, non-infringement, merchantability and fitness for a particular purpose) with respect to this information.

Without limiting any of the foregoing, in no event shall any Barra Party have any liability for any direct, indirect, special, incidental, punitive, consequential (including, without limitation, lost profits) or any other damages.

Your concerns

If you have any concerns about the information that appears on our website please contact support@nestpensions.org.uk