LEGAL INFORMATION

WEBSITE TERMS AND CONDITIONS

INTRODUCTION

Welcome to Rezco’s website. The term “Rezco” or “us” or “we” refers jointly and severally to the entities in the group (the Rezco Group). The details of the companies that constitute Rezco / the Rezco Group are:

  • Rezco Asset Management (Pty) Ltd, the parent company of the group holding full controlling interest in the subsidiary entities, at registration number 2004/010319/07 with registered address 146 Main Road, Walmer, Port Elizabeth, 6070;
  • Rezco Investment Counsel (Pty) Ltd, an approved Financial Services Provider (FSP702), with registration number 1980/009077/07 at registered address 146 Main Road, Walmer, Port Elizabeth, 6070;
  • Rezco Collective Investments Ltd, an authorised Collective Investment Scheme Manager, with registration number 2004/012079/06 at registered address 146 Main Road, Walmer, Port Elizabeth, 6070.

Rezco is the owner of this website and domain name www.rezco.co.za. 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@rezco.co.za.

WEBSITE INFORMATION AND CONTENT

The information provided and the content accessible on the website is produced by Rezco. The information contained on this website is for general information purposes only. More specifically, Rezco’s 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.

Rezco 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.

Rezco reserves its right to modify the website without notice to users. You will need to regularly review Rezco’s 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 Rezco has no control over the nature, content and availability of those websites. Rezco 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 Rezco 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 Rezco. The information, content and material is protected by copyright and other intellectual property laws. No information or material contained on Rezco’s website may be reproduced, transmitted, displayed or commercially exploited without written consent by Rezco. All rights not expressly granted to a user by Rezco on our website, remain strictly reserved.

ELECTRONIC COMMUNCIATIONS AND RECORDS

Rezco 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 Rezco using any of the available means, you consent to receive responses from Rezco 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 Rezco 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 effect 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@rezco.co.za with your instruction 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 and rendering services to the South African public, Rezco processes personal information, either in terms of applicable laws or on another legitimate basis.

To protect the user’s right to privacy and confidentiality, Rezco undertakes not to provide any users’ personal information to any third party, outside of Rezco, 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 available on our website.

Furthermore, Rezco takes every reasonable step to protect your personal information. We implement strict security standards and procedures to help prevent unauthorised access to your personal information, which includes the use of encryption technology where appropriate. Only authorised employees or agents will have access to your information to the extent required to fulfil their duties and/or act of any other legitimate purpose. Our employees and service providers are held to stringent standards of privacy and security, and are contractually bound to confidentiality.

LIMITATION OF LIABILITY

You acknowledge that the information and content of Rezco’s 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.

Rezco makes every effort to keep our website up and running efficiently. Rezco 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.

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.

PRIVACY NOTICE

INTRODUCTION

Rezco comprises of a group of companies incorporated to carry on business in the South African financial services industry. Rezco Asset Management (Pty) Ltd (RAM), the holding company, is the sole shareholder of two operating subsidiary companies, namely:

  • Rezco Investment Counsel (Pty) Ltd, a financial service provider registered in terms of Financial Advisory and Intermediary Services Act 37 of 2002; and
  • Rezco Collective Investments Ltd, a collective investment scheme registered in terms of Collective Investment Schemes Control Act 45 of 2002.

In the course of carrying on its business and rendering services to the South African public Rezco processes personal information, either in terms of applicable laws or another legitimate basis.

Rezco is committed to ensuring the protection and security of personal information garnered in the course of it carrying on business. To provide an overview of Rezco’s 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.

By using this site, you agree to the terms of this Notice, and consent to the collection, processing, further process and storage of your personal data processed through use of this website. Please note that any personal information acquired from you in the use of this website will be protected and secured in accordance with Rezco policy on protecting and processing personal information.

PURPOSE OF PROCESSING

Rezco 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 legitimate interests, which include:
  • sending relevant/legally required communications/materials to clients or interested parties;
  • marketing of Rezco’s funds and investment philosophy to parties to have requested/are required to be kept updated in respect of Rezco’s products and investment decisions;
  • understanding behaviour, 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 crime, fraud or anti-social behaviour and prosecuting offenders, including working with law enforcement agencies;
  • handling queries, complaints or disputes;
  • managing relationships clients and/or their representatives;
  • managing any claims or enforcement actions taken against Rezco;
  • Managing subscriptions to Rezco newsletters and marketing material as well as other data dissemination arrangements.

Rezco 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 Rezco in the course of collecting and processing the information in relation to the uses above will be treated in accordance with Rezco’s personal information protection framework and applicable legal prescripts.

HOW REZCO USES PERSONAL INFORMATION

Rezco does not use personal information for any reason other than as required for purposes of compliance with the law or the pursuit of legitimate interests, subject to the legitimacy of processing being scrutinized and, where relevant, consent being obtained. In general, Rezco uses personal information:

  • to comply with anti-money laundering and counter terrorist financing monitoring and reporting obligations;
  • to comply with regulatory and/or reporting obligations in terms of applicable laws;
  • to comply with audit requirements;
  • to manage and record interactions with clients, potential investors and other interested parties via “live chat”, email or telephone for quality assurance purposes and the protection of its rights;
  • for further processing in accordance with agreements with service providers contracted to render services.
  • verify investor details/identity for crime and fraud prevention, detection and related purposes;
  • to manage investor accounts and relationships with “key decision makers” of flows into the funds;
  • to manage relationships with service providers and their representatives;
  • for historical, statistical and research purposes.

All personal information, in addition to being processed in accordance with Rezco’s policy, is treated with the strictest confidence. Maintenance of confidentiality and compliance with Rezco’s policy are conditions of employment for all staff. Rezco 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 Rezco’s policy on processing personal information.

SHARING PERSONAL INFORMATION

Rezco may share your personal information in accordance with legal requirements to facilitate the carrying on of its business, which includes making relevant personal information available to third party service providers. We ensure our service providers are only provided with the personal information to the extent of the services they have been contracted to render. Additionally, Rezco imposes contractual obligations relating to the protection of personal information shared to the extent that the data can only be used to provide services to Rezco in accordance with the service agreement.

Other third parties with whom Rezco 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; and/or
  • as required by data protection laws.

SECURITY OF PERSONAL INFORMATION

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

  • regular assessments of all the levels of protection provided by Rezco’s IT and cybersecurity service provides and the adequacy thereof in respect of threats detected;
  • penetration testing of systems;
  • security controls which protect the Rezco’s infrastructure from external attack and unauthorised access; and
  • internal policies setting out our data security approach and training for employees;
  • restriction of access to the types of data in Rezco’s filing system to ensure that staff is restricted to the personal information they require access to towards carrying out their duties only; and
  • the encryption of data;

YOUR RIGHTS IN RESPECT OF YOUR PERSONAL INFORMATION

Any person, in respect of his/her/its personal information, has the right:

  • to obtain, free of charge, confirmation from Rezco whether it holds any personal information about the person;
  • to instruct the transmission of personal information held by Rezco to another designated party;
  • to request from Rezco a record/copy of the personal information, in a readable format, held by Rezco, 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;
  • in certain circumstances, to object to the processing of personal information;
  • in certain circumstances, correct or delete any personal information in Rezco’s possession or under its control; and
  • in certain circumstances, destroy or delete a record of personal information.

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@rezco.co.za

COMPLAINTS PROCEDURE

INTRODUCTION

Rezco comprises of a group of companies incorporated to carry on business in the South African financial industry. Towards confirming Rezco’s commitment to resolving complaints in a manner that is fair and transparent, this Complaints Procedure details how to submit a complaint and provides an overview of the manner in which the compliant will be attended to in accordance with Rezco’s Complaints Policy.

Rezco’s Complaints Policy applies to the following entities and their representatives within the Rezco group of companies:

  • Rezco Investment Counsel (Pty) Ltd, an approved Financial Services Provider in terms of FAIS;
  • Rezco Collective Investments Ltd, an authorised Manager in terms of CISCA.

Any reference to “Rezco” refers to the above entities jointly and severally as appropriate in the relevant circumstances.

DEFINITIONS

CISCA” means the Collective Investment Schemes Control Act 45 of 2002.

complaint” means a complaint submitted by a client or affected person to Rezco in respect of financial service or product rendered by Rezco or relating to a financial service or product rendered by Rezco or representative, and in which it is alleged that Rezco or a representative:

  1. a) contravened or failed to comply with a provision of the relevant Act and that as a result thereof the complainant suffered or is likely to suffer financial prejudice or damage; or
  2. b) wilfully or negligently rendered a financial service or product to the complainant which has caused prejudice or damage to the complainant or which is likely to result in such prejudice or damage; or
  3. c) treated the complainant unfairly.

Complaints Officer” means the person designated to investigate a complaint and consider the appropriate resolution, if any.

FAIS” means the Financial Advisory and Intermediary Services Act 37 of 2002.

internal complaint resolution procedure” means the internal procedure established and maintained by Rezco for the resolution of complaints.

resolution” means the process of resolving a complaint through and in accordance with the Rezco’s internal complaints resolution system and procedures.

LODGING A COMPLAINT

A client or affected person who wishes to lodge a complaint with Rezco must formally submit the complaint in writing, setting out all relevant information, namely:

  • the person’s full name, ID number and contact details;
  • in the case of a person acting on behalf of a client, proof of his/her authority to do so;
  • specific details about the nature of the complaint, including specific facts and date; and
  • if applicable, all supporting documents for consideration.

The complaint together with all supporting documents must be sent to complaints@rezco.co.za.

The email address is monitored by designated staff members of Rezco. The client will receive written confirmation of receipt of the complaint within 1 business day. The designated staff will confirm that the complaint has been forwarded to the Complaints Officer for investigation and resolution.

INTERNAL COMPLAINTS RESOLUTION  

Upon receipt of a complaint, the designated staff member will forward the complaint together with all information and supporting documentation submitted to the Complaints Officer.

The Complaints Officer will consider the complaint, the information provided and the supporting documents. The Complaints Officer will investigate the complaint and acquire any information from relevant staff towards giving the complaint proper consideration. The Complaints Officer will document the investigation process.

Having fully investigated the complaint and having considered all the information available in relation thereto, the Compliance Officer will consider the appropriate resolution, which may or may not be in favour of the client, as well as any redress to the client or addressing the source of the complaint in Rezco’s systems and procedures. The Complaints Officer will document his/her findings on the investigation and recommend the appropriate resolution, which will include the appropriate redress in the case of the complaint being resolved in favour of the client.

In the event that the Complaints Officer is unable to resolve the complaint, the client will be referred to the relevant ombudsman, or any other appropriate regulatory body as the case may be.

Details of the Complaints Officer:

Name: Ronald Cape

Capacity: Director of Operations

Address: 146 Main Road, Walmer, Port Elizabeth

FEEDBACK

The client will receive feedback on the Complaints Officer’s recommended resolution or dismissal of the complaint within 10 business days of the complaint having been submitted.

If the complaint is dismissed or is not resolved in favour of the client, the Complaints Officer will provide the client with reasons for the finding in writing and will advise the client that he/she may pursue the matter with the office of the relevant ombudsman or regulatory body as the case may be.

If the complaint is resolved in favour of the client, the full and appropriate level of redress will be offered to the client without delay.

COMPLAINTS REGISTER

The Complaints Officer will document the complaint, the application of its internal complaints resolution procedure and the proposed dismissal or resolution of the complaint in Rezco’s complaints register. A record of all information and documentation considered will be stored in Rezco’s database.