the regulated activity, specified in article 55A (Providing Targeted Support) of the Regulated Activities Order, which, in summary, involves a person (P):
- (1) using information about an individual to group the individual with other individuals in a group who share similar characteristics, similar circumstances, or both;
- (2) making a recommendation which:
- (a) is provided to the individual;
- (b) constitutes a recommendation for the individual to do or not to do any of the following:
- (i) buying, selling, subscribing for, exchanging, redeeming, holding or underwriting a particular investment which is a security, structured deposit or relevant investment; or
- (ii) exercising any right conferred by such an investment to buy, sell, subscribe for, exchange or redeem such an investment; and
- (c) is presented as suitable for the individual on the basis of the individual being in the group; and
- (3) making a statement to the individual at the same time as the recommendation is made to them specifying:
- (a) that the recommendation is not based on a comprehensive consideration by P of the individual’s characteristics or circumstances;
- (b) that the recommendation is not specific to the individual; and
- (c) the characteristics, circumstances, or both if applicable, of the group which P has used as the basis for the recommendation.
