PRIVACY | DISCLAIMER | TERMS | CONDITIONS

PRIVACY | DISCLAIMER | TERMS | CONDITIONS

INTRODUCTION
FBK Online Services & FBK Private Clients are both divisions of Mmutlane Traders (PTY) LTD
which is a Holding company with various investment opportunities; it does not represent
any financial service in terms of holding funds on behalf of individuals as Mmutlane Traders
(PTY) Ltd only provides Forex Trading Strategies (with full guidance to the service operating
as FBK Online Services & FBK Private Clients). FBK Online Services and FBK Private Clients
(both websites www.fbkonlineservices.com & www.fbkprivateclients.com) will therefore be
shortened as FBK Online Services throughout the Terms & Conditions stated in this
document.

CLIENT AGREEMENT TERMS & CONDITIONS OF BUSINESS (between an individual & FBK
Online Services)

These are the entire terms and conditions that apply to the access and/or use of our online
services (Forex Strategies, signals and mentorship). Please read the terms and conditions
completely and carefully before accessing and/or using our online services. You must read,
agree and comply with the terms and conditions contained in this Agreement without
modifications, which include those terms and conditions expressly set out below and those
incorporated herein by reference, before you may become a client of FBK ONLINE SERVICES
and FBK PRIVATE CLIENTS. Regarding trading strategies, FBK Online Services offers ONLY
Forex One Minute Strategy & Modifications of Forex One Minute Strategy while FBK Private
Clients offers the CoachRection Strategy.

RISK WARNING: Forex trading involves significant risk of capital, read terms and conditions.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT, DO NOT USE OR ACCESS OUR SERVICES AT ALL!

You are required to be an existing member of FBK Online Services with a valid account
before you can upgrade to FBK Private Client services!

FBK ONLINE SERVICES & FBK PRIVATE CLIENTS

Privacy, disclaimer, terms and conditions
This Privacy and Data Protection Policy sets out the basis in which Mmutlane Traders (PTY)
Ltd. (“we”, “us”, or “our”) may collect, use or otherwise process personal data via our
website www.fbkonlineservices.wpmudev.host/www.fbkprivateclients.wpmudev.host
(“Website”) and all related websites as specified below, downloadable software, mobile
applications including desktop applications (collectively “Products”), and other services
provided by us and in which a link to this Privacy Policy is displayed, and all other
communication with individuals through written or oral means, such as email, chat or phone
(collectively together with the Website and Products, our “Services”). We are committed to
safeguarding your personal information that you entrust to us while using our websites and
Services

Disclaimer

The information contained in all our websites (FBK ONLINE SERVICES & FBK PRIVATE
CLIENTS) (or in this document/article) is of a general nature and intended as a guide only. It
is neither to be considered as financial advise or to be regarded as definite analysis of any
legal or other issue. Before making any decision, we recommend you consult a financial
planner/advisor to take into account your particular investment objectives, financial
situation and individual needs.

Mmutlane Traders (PTY) LTD (as a holding company) and its directors, officers and
employees shall not be responsible and disclaims all liability for any loss, damage (whether
direct, indirect, special, or consequential and/or expense) of any nature whatsoever, which
may be suffered as a result of or which may be attributable. Directly or indirectly, to use of,
or reliance upon any information, links or service provided in this document.

Without limiting the generality of the aforesaid, the information provided in this document
is intended to provide you, the user, with word information about Forex One Minute
Strategy (Downloadable PDF) and is not intended to constitute a recommendation, guidance
or proposal in regard to sustainability of any financial need you may have. Calculations
made or obtained by means of calculators, planning tools or other facilities made in this
documents are for illustrative purposes only.

While every effort has been made to ensure accuracy of information obtained in this
document, Mmutlane Traders PTY (Ltd) and it’s directors, officers and it’s employees
provide no representation or warranty, express or implied, regarding the accuracy,
completeness or correctness of information contained in this document.

Definitions

Personal Data: means any information relating to an identified or identifiable natural person
(‘data subject’); an identifiable natural person is one who can be identified, directly or
indirectly, in particular by reference to an identifier such as a name, an identification
number, location data, an online identifier or to one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing: means any operation or set of operations which is performed on personal data
or on sets of personal data, whether or not by automated means, such as collection,
recording, organisation, structuring, storage, adaptation or alteration, retrieval,
consultation, use, disclosure by transmission, dissemination or otherwise making available,
alignment or combination, restriction, erasure or destruction.
Restriction of Processing: means the marking of stored personal data with the aim of
limiting their processing in the future.

Controller: means the natural or legal person, public authority, agency or other body which,
alone or jointly with others, determines the purposes and means of the processing of
personal data; where the purposes and means of such processing are determined by Union
or Member State law, the controller or the specific criteria for its nomination may be
provided for by Union or Member State law.

Processor: means a natural or legal person, public authority, agency or other body which
processes personal data on behalf of the controller.
Consent of the Data Subject: means any freely given, specific, informed and unambiguous
indication of the data subject’s wishes by which he or she, by a statement or by a clear
affirmative action, signifies agreement to the processing of personal data relating to him or
her.

 

1. Mmutlane Traders (Pty) Ltd or any of their employees, agents or distributors are not:

1.1 authorised financial services providers, representatives or intermediaries, or render financial services in respect of financial products as those terms are defined in the Financial Advisory and Intermediary Services Act, 2002 (“the FAIS Act”); 1.2. Authorised users or stockbrokers, or render securities services in respect of securities as those terms are defined in the Securities Services Act, 2004 (“the SS Act”); 1.3. Authorised by Mmutlane Traders (Pty) Ltd to represent to any person that he/she/it renders financial services or securities services, or are in any way approved by or associated with the JSE.


2. Mmutlane Traders (Pty) Ltd and their employees, agents or distributors do not warrant, represent or otherwise guarantee, expressly, impliedly or tacitly that the use of any product sold or service provided by them would result in any particular outcome, and especially profits or returns, such products and services merely serving as general guidance and the provision of data and information which I may, or may not use in the making of investments of any nature whatsoever, including but not limited to investments in or the purchase and/or sale of financial products as defined in the FAIS Act or securities as defined in the SS Act;

3. Collection and use of information
3.1 We generally collect information that:
a) you directly provide us via our websites or upon your request regarding our products or
services,
b) we receive from the use of our products and services including but not limited to our
websites

3.2 We may collect your personal information through several different sources, including
but not limited to:
Website forms and registrations to software products/applications
Physical forms
Over the telephone or email
Introducing agent
Existing clients or employees
Service desk tickets
Online live assistance and support
Social media and social networking
Advertising counters and identifiers on websites

3.3 We may collect and use your personal data for any or all of the following purposes:
(a) performing obligations under a contract or in the course of or in connection with our
provision of the goods and/or services requested by you;
(b) verifying your identity;
(c) responding to, handling, assessing queries, requests, applications, complaints, vacancy
requests, and feedback;
(d) managing your relationship with us;
(e) sending you marketing information, including but not limited to surveys and
questionnaires, about our products or services;
(f) complying with any applicable laws, regulations, codes of practice, guidelines, directives
or rules, or to assist in law enforcement and investigations conducted by any governmental
and/or regulatory authority;
(g) any other purposes for which you have provided the information;
(h) transmitting information to any affiliated third parties, including our third party service
providers and agents, and relevant governmental and/or regulatory authorities, for the
aforementioned purposes in this section;
(i) any other incidental business purposes related to or in connection with the above;
(j) update, fix errors, administer and improve the features and functionality of our
applications and associated services;
(k) to analyze application performance via collection of statistical data.

The purposes listed in the above clauses may continue to apply even in situations where
your relationship with us (for example, pursuant to a contract) has been terminated or
altered in any way, for a reasonable period thereafter (including, where applicable, a period
to enable us to enforce our rights under any contract with you or other lawful purposes).
In addition to the specific purposes for which we may process your personal data set out in
this Section, we may also process your personal data where such processing is necessary for
compliance with a legal obligation to which we are subject, or in order to protect your vital
interests or the vital interests of another person.

We provide our services in collaboration with companies that provide services on our
behalf, such as handling the processing and delivery of information, publication of
information in the applications, delivery of content and services provided by the
applications and services of our websites, or performing statistical analysis on the use of the
applications and the aforementioned services. These service providers will be given limited
access to your information as is reasonably necessary to deliver the Service, and we will
require that such third parties comply with this Privacy Policy, or operate under a similar
privacy policy.

We do not sell, rent, lease or freely distribute our mailing lists to any third party.
When you voluntarily disclose your personal information in your profile, on forums and
comment online in forum /chat areas, it becomes publicly available and can be viewed by
other users.

Forums, chats, and other areas of the community of users of our applications, that are
available through our websites and applications, are public. In such areas, you should not
disclose any information that can be used to establish your identity or the identity of any
other person. We are not responsible for the security and protection of information
disclosed by you in such areas.

3.4 Minor’s personal information and privacy
We recognize the importance of protecting the information about minors and we do not
knowingly collect any personal information from minors under eighteen (18) years of age.
Our website and services are directed to persons over eighteen (18) years of age, Mmutlane
Traders. accepts no responsibility for any failure to comply with this requirement.
We encourage parents and legal guardians to take the appropriate measures to prevent
children under eighteen years of age from viewing this Website without the appropriate
permission.
In the event we become aware that we have received personal information from a visitor
under eighteen (18) years of age, we shall delete as soon as reasonably practicable and not
make use of such information.

3.5. Collection of other information
We may collect other non-personal information about the use of our Software Applications,
visits to our websites or use of additional services, including links you have clicked, software
or information you have downloaded, as well as other actions related to the use of our
products or services. We may also collect certain technical information necessary for the
operation and update of our products/services and the collection of anonymous statistics on
the use of such products/services, along with any error reports about our products.

2. Cookies
Cookies are small text files containing a string of numbers and letters that are placed on
your hard disk every time you visit a certain webpage. These files allow to identify your
browser when you visit the same website again. Cookies can store user settings and other
information. You can set your browser to reject all cookies or to notify you when you
receive a cookie. Please note however that some website features or services may not
function properly without accepting the receipt of cookies. Any data collected in this
manner cannot be used to individually identify website users. Cookies cannot be used to run
programs or deliver viruses to your computer.

4. Protection of personal data
We endeavor to ensure protection of the information submitted to us, both during
transmission and once we receive it. We maintain appropriate administrative, technical and
physical safeguards to protect Personal Data against accidental or unlawful destruction,
accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any
other unlawful form of processing of the Personal Data in our possession. This includes, for
example, firewalls, password protection and other access and authentication controls.
However, no method of transmission over the Internet, or method of electronic storage, is
100% secure. We cannot ensure or warrant the security of any information you transmit to
us and you do so at your own risk. We also cannot guarantee that such information may not
be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or
managerial safeguards. If you believe your Personal Data has been compromised, please
contact us

5. Retention of personal data
We may retain data for different periods of time for different purposes as required by
statute, our legitimate interests or best business practices. Other statutory obligations, legal
processes and inquiries may also necessitate the retention of certain data.

6. Data Transfers outside South Africa
We have global presence with representative offices located in different places. We may
have processors in different countries around the world and thus your personal data may be
processed, used or transferred outside of South Africa. We ensure that all necessary
safeguards and security measures are in place, and deemed appropriate, under the relevant
national, international laws.

7. Third Party Content and Research
Both our websites (FBK Online Services & FBK Private Clients) may include third party
websites, videos, pictures or any other unstated type of data therefore the third party
content is protected by applicable intellectual property laws and international treaties; and
is owned by or licensed from the Third Party Content provider(s) credited! FBK Online
Services cannot be held liable for any type of loss or fault which may occur upon accessing
Third Party content information.

8. Membership
Your FBK Online Service/FBK Private Client membership will continue until terminated by
either parties preferred. To use the Online Services (both websites,
www.fbkonlineservices.com & www.fbkprivateclients.com) you must have Internet access
and an internet ready device, and provide us with one or more Payment Methods.
“Payment Method” means a current, valid, accepted method of payment, as may be
updated from time to time, and which may include payment through your account with a
third party. Unless you cancel your membership before your billing date, you authorize us to
charge the membership fee for the next billing cycle to your Payment Method (see
“Cancellation” below).

Your FBK Online Service/FBK Private Client Membership will continue from the date of sign up until  terminated by either parties preferred.

9. Billing, Cancellation and Fees

9.1. Billing Cycle.
The membership fee for the FBK Online Services/FBK Private Clients and any other charges
you may incur in connection with your use of the service, such as taxes and possible
transaction fees, will be charged to your Payment Method on the specific billing date
indicated on your “Account” page. The length of your billing cycle will depend on the type of
subscription that you choose when you sign-up for the service. In some cases your payment
date may change, for example if your Payment Method has not successfully settled or if
your paid membership began on a day not contained in a given month. Visit our website and
click on the “Billing details” link on the “Account” page to see your next payment date.

9.2. Payment Methods.
To use the FBK Online Services/FBK Private Clients you must provide one or more Payment
Methods. You authorize us to charge any Payment Method associated to your account in
case your primary Payment Method is declined or no longer available to us for payment of
your subscription fee. You remain responsible for any uncollected amounts. If a payment is
not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not
cancel your account, we may suspend your access to the service until we have successfully
charged a valid Payment Method. For some Payment Methods, the issuer may charge you
certain fees, such as foreign transaction fees or other fees relating to the processing of your
Payment Method. Local tax charges may vary depending on the Payment Method used.
Check with your Payment Method service provider for details.

9.3 Updating your Payment Methods.
You can update your Payment Methods by going to the “Account” page. We may also
update your Payment Methods using information provided by the payment service
providers. Following any update, you authorize us to continue to charge the applicable
Payment Method(s).

9.4 Cancellation.
You can cancel your FBK Online Service/FBK Private Client membership at any time, and you
will continue to have access to the FBK Private Client membership through the end of your
billing period. To the extent permitted by the applicable law, payments are non-refundable
and we do not provide refunds or credits for any partial membership periods or unused
content.

To Cancel your FBK Online Services account, contact us at [email protected]
with the relevant details such as your full name, contact details, email address used to
register and reason for cancellation. To cancel your FBK Private Client Subscription or
account contact us at [email protected] with relevant details such as your
full name, contact details, email address used to register and reason for cancelation.

If you signed up for FBK Online Services/FBK Private Client using your account with a third
party as a Payment Method and wish to cancel your FBK Online Service/FBK Private Client
membership, you may need to do so through such third party, for example by visiting your
account with the applicable third party and turning off auto-renew, or unsubscribing from
the FBK Online Service/FBK Private Client through that third party. You may also find billing
information about your FBK Private Client membership by visiting your account with the
applicable third party.

You or we may end our relationship regarding the Benefits at any time. We may do so if:
 We suspect that you are using the Benefits fraudulently or for illegal or terrorist
purposes
 You do not comply with these terms and conditions
 The fees for the benefits are not paid.

9.5 FEES
We will charge a monthly fee of R300 for providing the benefits of FBK Private Clients to
you. We will charge this fee whether you use the Benefits or not. A full list of our fees can be
found on our website www.fbkprivateclients.com or as published in our pricing guide. If we
make any changes to the fees, we will let you know through any form of communication we
use.

9.6 Auto Membership Renewal

We have an annual Auto Renewal which occurs on the 1st of January every year which is applicable to every account created under FBK Private Clients respectively, the auto Renewal may include a change of prices from the previous year as subscription fees only change annually. We advice as from 29th December every year for members to review their account status and be aware of the changes in prices and auto payments subscriptions! If a member had canceled their subscriptions before it is advisable to still verify as the Auto Membership Renewal affect every account created as per our Service (FBK Online Services)

10. FBK Online Service/FBK Private Client Service

10.1. You must be 18 years of age, or the age of majority in your province, territory or
country, to become a member of the FBK Service.
10.2. The FBK Online Services and any content viewed through the service are for your
personal and non-commercial use only and may not be shared with any other individuals.
During your FBK Online Membership we grant you a limited, non-exclusive, non-transferable
right to access the FBK Online Services. Except for the foregoing, no right, title or interest
shall be transferred to you. You agree not to use the service for public display of
documentation.

11. Changes to this Privacy and Data Protection Policy

11.1 We reserve the right to revise and update this Privacy and Data Protection Policy from
time to time in part or in full by publishing the new version on our website.
10.2 We encourage you to check our Privacy Policy periodically to keep yourselves updated
with the changes.
11.3 To view the latest version of our Privacy Policy, visit our website. The new revised
version of the Privacy Policy shall become effective on the date of its publication, unless
otherwise is provided by the revised version of the Privacy Policy.
11.4 We may notify you of changes to this policy by email or through the messaging system
on our website.

12. Your Rights

(a) the right to access
You have the right to confirmation as to whether or not we process your personal data and,
where we do, access to the personal data, together with certain additional information.
That additional information includes details of the purposes of the processing, the
categories of personal data concerned and the recipients of the personal data. Providing the
rights and freedoms of others are not affected, we will supply to you a copy of your personal
data.

(b) the right to rectification
You have the right to request to have any inaccurate personal data about you rectified and,
taking into account the purposes of the processing, to have any incomplete personal data
about you completed.

(c) the right to erasure
In some circumstances you have the right to request the erasure of your personal data if
established that the personal data is no longer necessary in relation to the purposes for
which it was collected or otherwise processed; you withdraw permission to authorization-
based processing; you object to the processing under certain rules of applicable data
protection law and if established that the personal data has been unlawfully processed.
However, there are exclusions of the right to erasure. The general exclusions include where
processing is necessary for exercising the right of freedom of expression and information,
for compliance with a legal obligation or for the establishment, exercise or defense of legal
claims and for reasons of public interest.

(d) the right to restrict processing
In some circumstances you have the right to restrict the processing of your personal data,
for example when you contest the accuracy of the personal data; processing is unlawful but
you oppose erasure; we no longer need the personal data for the purposes of our
processing, but you require personal data for the establishment, exercise or defense of legal
claims; and you have objected to processing, pending the verification of that objection.
Where processing has been restricted on this basis, we may continue to store your personal
data and we will only process it for the establishment, exercise or defense of legal claims,
for the protection of the rights of another natural or legal person or for reasons of
important public interest.

(e) the right to object to processing
You have the right to object to our processing of your personal data on grounds relating to
your particular situation, but only to the extent that the legal basis for the processing is
necessary for the performance of a task carried out in the public interest or in the exercise
of any official authority vested in us or the purposes of the legitimate interests pursued by
us or by a third party. If you make such an objection, we will cease to process the personal
information unless we can demonstrate compelling legitimate grounds for the processing
which override your interests, rights and freedoms, or the processing is for the
establishment, exercise or defense of legal claims.
You have the right to object to our processing of your personal data for direct marketing
purposes (including profiling for direct marketing purposes). If you make such an objection,
we will cease to process your personal data for this purpose.
You have the right to object to the processing of your personal data for scientific or
historical research purposes or statistical purposes on grounds relating to your particular
situation, unless the processing is necessary for the performance of a task carried out for
reasons of public interest.

(f) the right to data portability
You have the right to obtain the personal information provided to us given that the
processing is based on authorization; or the processing is carried out by automated means,
you have the right to receive your personal data from us in a structured, commonly used
and machine-readable format. However, this right does not apply where it would adversely
affect the rights and freedoms of others.

(g) the right to complain to a supervisory authority
If you consider that the processing of your personal information infringes data protection
laws, you have a legal right to lodge a complaint with a supervisory authority responsible for
data protection.

(h) the right to withdraw authorization.
To the extent that the legal basis for our processing of your personal information is
authorization, you have the right to withdraw that authorization at any time in which case
we may not be able to provide to you some of the features and functionality of our Services
Withdrawal of permission will not affect the lawfulness of processing prior to the
withdrawal request.

13. Notification of Breaches

In the event of unauthorized breaches or intrusions into our systems, that may affect you
personal data security, we will notify you as soon as it is practically feasible and we will take
all necessary measures and actions to avoid future occurrences and similar phenomena.

14. Legal Conflict, negotiation, mediation and arbitration

14.1 Negotiation
In case where a dispute arises out of, or in connection with this Terms and Conditions, the
parties, agree to meet to pursue resolution through negotiation or other appropriate
dispute resolution process before resorting to litigation.
All information exchanged during this meeting or any subsequent dispute resolution
process, shall be regarded as “without prejudice” communications for the purpose of
settlement negotiations and shall be treated as confidential by the parties and their
representative, unless otherwise required by law.
However, evidence that is independently admissible or discoverable shall not be rendered
inadmissible or non-discoverable by virtue of its use during the dispute resolution process.

14.2 Mediation/Arbitration.
If a dispute arises out of, or in connection with this contract, and the parties do not resolve
some or all the dispute through negotiation, then the parties agree to attempt to resolve
the dispute through mediation/arbitration.

15. Contact us

If you have questions about this Privacy and Data Protection Policy or the way personal
information is processed or used in connection with the use of our Software Applications or
websites, please contact us on [email protected] or [email protected]
Your request must include your name and other information needed for the identification,
as well as for the full and complete processing of your request.

Last modified: 20 March 2020 {next update coming soon}

 

 

 

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