Portem Industries | Terms of Service

INTRODUCTION

Welcome to Portem Industries website. The term “Portem Industries” or “us” or “we” refers jointly and severally to the entities in the group (the Portem Industries Pty Ltd. The details of the companies that constitute Portem Industries PTY LTD a

Portem Industries (Pty) Ltd, the parent company of the group holding full controlling interest in the subsidiary entities, at registration number 2024/156380/07

Portem Industries CC, an approved Financial Services Provider (FSP8267), with registration number 2024/156380/07

Portem Industries Ltd, an authorized Collective Investment Scheme Manager, with registration number 2024/156380/07

Portem Industries is the owner of this website and domain name www.portemindustries.com. The use of our website and communications between you and us is subject to our Terms & Conditions set out herein. The term “you” refers to the user/viewer of our website and/or the sender/receiver or communications to/from us. By continuing to browse/use this website or initiating communication with us, you are agreeing be bound by our Terms & Conditions. Our Terms & Conditions govern our relationship with you in relation to the use of this website and communications between you and us. If you do not agree with our Terms & Conditions, please refrain from making use of our website. The unauthorized use of this website may give rise to a claim for damages and/or constitute a criminal offence. Any questions concerning our Terms and Conditions may be addressed to info@portemindustries.com

WEBSITE INFORMATION AND CONTENT

The information provided and the content accessible on the website is produced by Portem Industries. The information contained on this website is for general information purposes only. More specifically, Portem Industries’ website is intended to provide users with objective and general information regarding its products and services. The information on our website is in no way intended to constitute a recommendation, guidance, proposal or any form of financial advice regarding the suitability of a product for a user or any financial need that the user thereof may have.

Portem Industries is committed to ensuring that the information and content on the website is up to date and correct. While we make every effort to keep the information on the website updated, we cannot and do not guarantee that the information on this website will not become outdated from time-to-time. Furthermore, we make no representations or warranties of any kind, expressed or implied, that the information on this website is error-free or meets any criteria of accuracy, timeliness, performance, completeness or quality. Any reliance you place on information provided or omitted on our website at any time is done strictly at your own risk.

Portem Industries reserves its right to modify the website without notice to users. You will need to regularly review Portem Industries’ Terms and Conditions to ensure that you are kept up to date with modification that might have been applied without your knowledge.

Our website may also include hyperlinks to other websites from time-to-time. These links are provided for your convenience to provide further information. You understand and acknowledge that Portem Industries control over the nature, content and availability of those websites. Takes no responsibility for the content, maintenance of or privacy compliance by any linked website. The inclusion of any links does not imply a recommendation or endorsement of the views expressed within them, nor of our confirmation, support, or funding of the operator of that website. Linking our website to/from another website without our express authorization is not permitted.

INTELLECTUAL PROPERTY RIGHTS

The information in the website, the content thereof and the material produced by Portem Industries available thereon, which includes the design, layout, look, appearance and illustrations, data, graphics, texts, logos, trademarks, software, images, videos, sounds, drawings, photographs, expressions and any other content, is fully owned by and licensed to Portem Industries. The information, content and material is protected by copyright and other intellectual property laws. No information or material contained on Portem Industries’ website may be reproduced, transmitted, displayed or commercially exploited without written consent by Portem Industries. All rights not expressly granted to a user by Portem Industries on our website, remain strictly reserved.

ELECTRONIC COMMUNICATIONS AND RECORDS

Portem Industries uses a variety to means to communicate with users and investors, including but not limited to an electronic “chat” function accessible on the website, electronic mail (email) and telephone. By communicating with Portem Industries using any of the available means, you consent to receive responses from Portem Industries to your communication using the means we deem appropriate.

All telephone calls to our dedicated landline are recorded for quality and assurance purposes. Recordings of a telephonic conversation constitute proof the conversation and content thereof.

The electronic “chat” function on the website is intended to provide you with a convenient means to communicate with us. The “chat” is live and monitored in real time by designated employees to ensure a quick response. However, by using the “chat” function you agree to accept the risk inherent thereto, which includes, but is not limited to, technical failures beyond our control which prevents us from receiving your communication via the “chat” or responding to you via the “chat”.

Our directors, employees and officers communicate with emails using email addresses linked to our domain. The contents of an email, and any attachments thereto, are intended solely for the use of the individual to whom it is addressed, including any person copied into the email. If you are the recipient of an email from us that is not intended for you, you must inform the sender that the email was received by you in error and you must refrain from copying or showing the email to anyone. It is possible that an email sent to a designated email address linked to our domain is not received by the intended Portem Industries recipient due to unknown/unforeseen technical issues. If you do not get a response from us within 24 business hours, please reach out to us via telephone. Emails from us are not guaranteed to be secure or error-free because information can be intercepted, corrupted, lost, destroyed, arrive late or incomplete. We make no guarantees that an email received by you from us does not contain viruses or defects. You agree that by communicating with us, our directors, employees, officers and/or agents via email you do so at your own risk.

Investors in our register and users who subscribe to our mailing list receive communications from us to their preferred email address from time to time. These communications contain materials and information that provide market updates and our investment views (newsletters, webinars, etc.). If you are a recipient of such emails but wish to stop receiving them, you can affect your removal from our mailing list at any time. You will be provided with an “unsubscribe” link in every marketing email you receive. Alternatively, you can email us at info@portemindustries.com with a request to be removed from our mailing list.

We retain and store any electronic communication(s) between you and us as may lawfully be required. Such electronic records stored will constitute rebuttable proof of the content thereof.

SECURITY & PRIVACY

In the course of carrying on its business in the investment industry and rendering services to investors and clients, Portem Industries processes personal information. Use or access of Portem Industries’ website is monitored and use of applications which enable you to communicate with us entail the processing of certain personal information. In addition, the website uses “cookies” to enhance a user’s experience when using our website and to provide information about your session on our website, including returning visits. Any personal information processed from our website and / or to engage with us is subject to Portem Industries’ POPIA Policy. In particular, to protect the user’s right to privacy and confidentiality, Portem Industries undertakes not to provide any users’ personal information to any third party, outside of Portem Industries for any purpose other than in accordance of our Protection of Personal Information (POPI) Policy, the application of which is disclosed and detailed in our Privacy Notice.

LIMITATION OF LIABILITY

You acknowledge that the information and content of Portem Industries’ website may contain inaccuracies, imprecisions or errors. We will not be liable for any such imprecisions, inaccuracies or errors to such extent as the law permits. Furthermore, we will not be liable for any action or decision taken (or not taken) by you as a result of reliance on or use of our services, information, hyperlinks, or representations contained on or omitted from this website.

In no event will we be liable for any loss or damage, including without limitation indirect or consequential loss or damage, arising out of or in connection with the use of this website. Furthermore, we will not be liable for any expenses sustained or costs incurred, whether directly or indirectly, associated with or as a result of using our website. By using our website, you agree to indemnify us from all claims, actions, damages, costs and expenses arising from or in connection with your use thereof.

Portem Industries makes every effort to keep our website up and running efficiently. Portem Industries will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. We commit to attending to all technical issues within our control as quickly and proficiently as possible.

Utmost due care is taken to safeguard our website and electronic communications from any virus, worm, Trojan horse and/or malware. We will not be liable for any damage to your computer system which may arise in connection with your use of our website, any other website linked thereto or electronic communications received from us.

Portem Industries comprises of a group of companies incorporated to carry on business in the South African financial services industry.

Portem Industries processes personal information in the course of carrying on its business in the investment industry and rendering services investors and clients. Portem Industries is committed to processing on a lawful basis only the required personal information for specific purposes, and ensuring the protection and security of personal information processed. To provide an overview of Portem Industries’ policy on the protection and processing of personal information, we have set out this Notice to provide you with information about:

Purpose of processing personal information;
How personal information is used;
Who is personal information shared with;
How long is personal information kept
Security of personal information; and
Your rights in respect of your personal information.

PURPOSE OF PROCESSING

Portem Industries collects and processes personal data:

In compliance with legal obligations in terms of the Financial Intelligence Centre Act 38 of 2001 as amended, Foreign Account Tax Compliance Act, and Common Reporting Standards;
For purposes of complying with our duties and exercising our rights under the terms of investment management agreements with clients and/or their representatives;
In pursuit of legal requirements, industry practices, or the legitimate interests of Portem Industries and/or clients, which include:
Sending relevant/legally required communications/materials to clients or interested parties;
Marketing of Portem Industries’ funds and investment philosophy to parties who expect/have requested/are required to be kept updated in respect of Portem Industries’ products and investment decisions;
Understanding behavior, preferences, and needs of clients, potential investors, or other interested parties who access our website;
Complying with legal and regulatory obligations in terms of applicable laws and industry requirements;
Preventing, investigating, and detecting fraud, including working with law enforcement agencies;
Handling queries, complaints, or disputes;
Managing relationships with clients and/or their representatives;
Managing any claims or enforcement actions taken against Portem Industries;
Managing subscriptions to Portem Industries newsletters and marketing material as well as other data dissemination arrangements.

Portem Industries does not, nor does it intend to, collect or process special personal information i.e. religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information. Any information that incidentally become apparent to Portem Industries in the course of collecting and processing the information in relation to the uses above will be treated in accordance with Portem Industries’ personal information protection framework and applicable legal prescripts.

HOW PORTEM INDUSTRIES USES PERSONAL INFORMATION

Portem Industries does not use personal information for any reason other than is required to comply with the law, effectively render its services to investors and clients, and to carry on its business in the investment management industry. Subsequently, Portem Industries processes personal information:

to comply with regulatory / reporting obligations in terms of applicable laws;
to manage investor accounts and client relationships, including relationships with allocators of flows into the Portem Industries’, which include Financial Advisors, Discretionary Investment Managers and Linked-Investment-Service-Providers and / or their representatives;
to manage relationships with service providers and their staff / representatives;
to manage interactions with potential investors and other interested parties via “live chat”, subscriptions, email or telephone for quality assurance purposes, the protection of their rights and record keeping;
to the extent required, for further processing in accordance with agreements with service providers contracted to render services to Portem Industries;
verify investor details/identity for crime and fraud prevention, detection and related purposes;
to the extent required, to comply with audit requirements;
for historical, statistical and research purposes.

All personal information, in addition to being processed in accordance with Portem Industries’ POPIA Policy, is treated with the strictest confidence. Maintenance of confidentiality and compliance with Portem Industries’ POPIA are conditions of employment for all staff. Portem Industries will not sell personal information, nor will it exchange or process personal information with/to any third party for any purpose other than as provided for in Portem Industries’ POPIA Policy and in compliance with POPIA.

SHARING PERSONAL INFORMATION

Portem Industries may share personal information in accordance with legal requirements and / or to facilitate the carrying on of its business, which includes making relevant personal information available to third party service providers. Personal information shared with third party service providers is done only to the extent that the personal information is required in order for the third party to provide the required services to Portem Industries in accordance with a service agreement.

Additionally, Portem Industries imposes contractual obligations relating to the protection of personal. Other third parties with whom Portem Industries may share personal information are governmental bodies, regulators, law enforcement agencies, courts/tribunals and insurers where we are required to do so:

to comply with our legal obligations;
to exercise/protect our legal rights; and
for the prevention, detection, investigation of crime or prosecution of offenders.

HOW LONG IS PERSONAL INFORMATION KEPT

Personal information will be retained for the applicable period having regard for:

Legislative/regulatory requirements;
Reporting/accounting obligations;
The purposes for which the personal information was collected;
In order to establish or defend legal rights or obligations;
As required by data protection laws.

Some personal information may be retained for longer periods for historical, statistical or research purposes. In such a case, steps are taken to only retain the minimum personal information that may be necessary (if any) as it relates to the non-personal information

SECURITY OF PERSONAL INFORMATION

The security measures employed by Portem Industries to ensure the protection of personal information pertain to:

security controls which protect the Portem Industries’ infrastructure from external attack and unauthorized access; and
restriction of access to personal information in Portem Industries’ filing system and applications to ensure that staff has access only to the personal information they require towards carrying out their duties only; and the encryption of data;
internal policies setting out our data security approach;

TERMS OF INVESTING

A person has the right to obtain, free of charge, confirmation from Portem Industries whether it holds any personal information about the person. A request for such a confirmation must be made with the completion and submission of available on Portem Industries’ website.

A person has the right to instruct the transmission of personal information held by Portem Industries to designated party.

A person has the right to request from Portem Industries a record/copy of personal information, in a readable format, held by Portem Industries, including information and identity of all third parties/category of third parties who had access to their personal information, subject to the provisions of Promotion of Access to Information Act 2 of 2000. Please see Portem Industries’ PAIA Policy available on Portem Industries’ website.

A person has the right, in certain circumstances, to object to the processing of personal information. A request for such an objection must be made with the completion and submission of available on Portem Industries’ website.

A person has the right, in certain circumstances, to request the correction or deletion personal information, including a record of personal information, in Portem Industries’ possession or under its control. A request for such a correction / deletion must be made with the completion and submission of available on Portem Industries’ website.

Please note: You cannot invest more than 3 times on our plan A, consecutively without having an existing plan B running. Once you have exhausted your third investments you are obliged to move to a higher plan from the one you had. If you do not have cash at hand to top up a consultant can suggest ways to raise the amount. Once the amount has been achieved you are allowed to go back to the previous plan and invest 3 times again.

We shall provide a statement and a confirmation of your transactions, as well as an Account Balance and a record of all transactions for your Account. You shall check the received notification from us and notify us in case of any discrepancy.

Joint accounts are not allowed and you acknowledge that you are not allowed to have more than one investment account. If you are not complying with this rule, we may terminate all of your agreements with us in such cases, we shall have the right to refuse to execute your Orders or instructions and to void all of Your trading transactions, even if they have already been confirmed by us, without stating any reasons for such decision. In this case, we shall have the right to not pay the amounts received in your Account as a result of such transactions

We will not accept you as a Client and we shall not commence providing our Services to you until

We have successfully completed the KYC Process
We have established that you have passed the Appropriateness Test, where applicable.

Only after we have completed our client acceptance process and you have received a confirmation from us, we shall be able to offer you, our Services. Prior to that moment, you shall be considered by us as a Prospect Client and you may have access to certain parts of the Investment for evaluation purposes during such times you shall be bound by the terms of this Agreement.

You agree that we may record all communications between you and us and use such recordings, or transcripts of such recordings, as well as any e-mails, recorded chat messages or other communications you send to us through our Platform or otherwise, for training purposes, for the purposes of investigating any complaint you may make, or for any other legal or regulatory purposes including as evidence in any dispute or anticipated dispute between you and us. Upon your request, we will provide a copy of such records to you within a reasonable period.

You hereby undertake to inform Us every time a card used by You to make deposits to your Account has been blocked, deactivated or otherwise suspended. Save for cases where a card has expired, we shall not be liable if we should satisfy Your withdrawal request by way of paying money back to a card that has been blocked, deactivated or otherwise suspended without Your prior notification thereof.

You agree that Portem Industries Pty Ltd will not be liable for any additional fees you may be charged by any bank, credit card provider or other third-party payment services provider, which you use for the transfer of funds to and from us.

You shall be responsible for the payment of any commissions, transfer fees, registration fees, taxes, duties and other fiscal liabilities and all other liabilities and costs properly payable or incurred by us under this Agreement. Our policy is to pass on to the clients the fees charged by our agents for depositing funds. We will not charge you for withdrawing money from your account.

As a client of Portem Industries, you agree that you will not behave in an inappropriate manner towards Portem Industries or any of their employees. Inappropriate behaviour can include but is not limited to - Swearing, Abusive Language, Racism, Discrimination, Harassment, Defamation, Abuse of the Chat / Email System, Misuse of Social Media Channels and Spam. Portem Industries reserves the right to terminate your Agreement in these circumstances.

COMPLAINTS

Any person who feels their rights in respect of their personal information has been infringed may submit a compliant to the Information Regulator.

FOR MORE INFORMATION

For more information, please email us at info@portemindustries.com

JURISDICTION

These Terms & Conditions are governed by and shall be interpreted in accordance with the laws of the Republic of South Africa. All transactions and interactions carried out on our website will be subject to South African law. Only South African courts will have jurisdiction to hear and adjudicate disputes that arise from our Terms & Conditions and/or the transactions and interactions carried out on our site.