Terms and Conditions

Freimann & Co Privacy Policy

1. What Personal Information does the Company require?

1.1. Freimann & Co (“the Company”)’s Personal Information Protection Policy governs the Processing of your Personal Information. You may view the Personal Information Protection Policy by contacting the Information Officer at compliance@freimannco.mu.

1.2. “Personal Information” is defined in the Mauritius Data Protection Act 2017 as follows:

“Information relating to an identifiable, living, natural person, and where applicable, an identifiable existing legal entity, including but not limited to –

(a) Information relating to identity, such as name, nationality, address, date of birth, gender, marital status, and identity number; (b) Information relating to employment, financial records, taxation, or other personal identifiers; (c) Contact details such as phone numbers, email addresses, and location data; (d) Biometric information where applicable; (e) Communications sent by the person that are confidential or reveal private information; (f) Views or opinions of another individual about the person; and (g) Any other relevant data as defined by law.

1.3. “Processing” is defined in the Mauritius Data Protection Act as:

“Any operation performed on personal data, including collection, recording, storage, adaptation, retrieval, disclosure, dissemination, erasure, or destruction.”

1.4. The Company is a Data Controller in respect of the Personal Information you (the Data Subject) provide. The Company processes the following types of Personal Information:

1.4.1. Identification documents (passport, national ID, or company registration documents); 1.4.2. Proof of residential/business operating address; 1.4.3. Mauritian Income Tax registration number (or foreign tax number, if applicable); 1.4.4. Mauritian VAT registration number (if applicable); 1.4.5. Contact numbers; 1.4.6. E-mail addresses; 1.4.7. Banking details; 1.4.8. Employment/Occupation details; 1.4.9. Approximate income; 1.4.10. Source of funds; 1.4.11. Assets and liabilities.

2. Why does the Company require your Personal Information?

2.1. This Personal Information is required in terms of the Financial Intelligence and Anti-Money Laundering Act (FIAMLA) and the Company’s Risk Management and Compliance Programme. Personal Information forms part of the Company’s due diligence requirements when obtaining a discretionary mandate or opening an account.

2.2. The Company requires your Personal Information to:

2.2.1. Establish a legal relationship with you; 2.2.2. Populate client account information on relevant onboarding platforms; 2.2.3. Generate statements and capture contact information related to discretionary mandates or accounts.

3. How is your Personal Information Processed?

3.1. Your Personal Information is processed at the Company’s registered office in Mauritius. Storage of your Personal Information takes place within secure servers based in Mauritius.

3.2. No third-party providers have direct access to your Personal Information unless required by law or to fulfill client due diligence requirements.

3.3. Your Personal Information may be shared with product suppliers for account opening purposes.

4. How long does the Company keep your Personal Information?

4.1. Under Mauritian law, the Company is required to keep your Personal Information for a minimum period of seven (7) years following the date of termination of the business relationship. After this period, your Personal Information will be irreversibly destroyed. For more details, please refer to our Personal Information Retention Policy.

5. What are your rights?

5.1. You have the right to request access to, rectification, or deletion of your Personal Information. To exercise this right, please contact the Information Officer at compliance@freimannco.mu.

5.2. If you wish to lodge a complaint regarding the Company’s handling of your Personal Information, you may contact the Information Officer. The Compliance Department will investigate your complaint and respond within two (2) business days.

5.3. If your query is not satisfactorily addressed, you can escalate the matter to the Data Protection Office in Mauritius at dpo@govmu.org.

6. Technical Information about Data Collection and Processing

6.1. The Company collects Usage Data automatically through tracking technologies like Google Analytics. This data includes browser type, website interactions, and device identifiers but does not personally identify you.

6.2. If you submit your details via an online contact form, you consent to the processing of your Personal Information as per this Policy.

7. Security of Personal Information

7.1. The Company takes reasonable security measures to protect Personal Information from unauthorized access or disclosure. However, no system is completely secure, and we encourage safe data-sharing practices.

8. Retention of Data

8.1. The Company retains Personal Information for the duration necessary to comply with legal and regulatory obligations.

9. Changes to the Privacy Policy

9.1. This Privacy Policy may be updated periodically. Continued use of the Company’s services implies acceptance of any revised policies.

For further information, please contact compliance@freimannco.mu.

 

1. Introduction

1.1. These Terms and Conditions (“Terms”) govern your use of the services provided by Freimann & Co (“the Company”), a financial services provider registered in Mauritius. By using our services, you agree to these Terms in full. If you do not accept these Terms, you must discontinue use of our services immediately.

1.2. The Company reserves the right to modify these Terms at any time without prior notice. Any changes will be effective upon publication on our website or official communication. Continued use of our services constitutes acceptance of the revised Terms.

2. Definitions

2.1. “Client” refers to any individual, company, or entity that engages with the Company for financial services.

2.2. “Services” include but are not limited to investment advisory, portfolio management, wealth management, and any other financial services offered by the Company.

2.3. “Confidential Information” refers to any non-public information shared between the Client and the Company, including financial, personal, or business-related data.

3. Client Responsibilities

3.1. The Client agrees to provide accurate, complete, and up-to-date information when engaging with the Company’s services.

3.2. The Client is responsible for maintaining the confidentiality of their account details and ensuring that their access credentials are secure.

3.3. The Client must comply with all applicable laws, including but not limited to the Financial Intelligence and Anti-Money Laundering Act (FIAMLA) and the Mauritius Data Protection Act 2017.

4. Company Obligations

4.1. The Company shall provide services in accordance with applicable laws and industry standards.

4.2. The Company reserves the right to refuse services or terminate a Client relationship if it suspects non-compliance with legal requirements or unethical conduct.

4.3. The Company will take all reasonable steps to ensure the security and confidentiality of Client information, subject to legal and regulatory requirements.

5. Fees and Payment

5.1. Fees for services will be outlined in a separate agreement between the Company and the Client.

5.2. The Client agrees to pay all applicable fees as per the agreed schedule. Late payments may result in additional charges or service suspension.

5.3. All fees are exclusive of applicable taxes, which the Client agrees to bear.

6. Limitation of Liability

6.1. The Company shall not be liable for any direct, indirect, incidental, or consequential damages resulting from the use of its services unless caused by gross negligence or willful misconduct.

6.2. The Client acknowledges that investment and financial services involve risk, and the Company does not guarantee returns on any investments made.

6.3. The Company shall not be liable for any service disruptions caused by circumstances beyond its control, including force majeure events, regulatory changes, or third-party service failures.

7. Confidentiality and Data Protection

7.1. The Company will handle all Client data in accordance with the Mauritius Data Protection Act 2017.

7.2. The Company will not disclose Client information to third parties except as required by law or where necessary to fulfill contractual obligations.

8. Termination of Services

8.1. Either party may terminate the service agreement by providing written notice, subject to any applicable terms outlined in the service contract.

8.2. The Company reserves the right to terminate services immediately if the Client is found to be in violation of legal or regulatory requirements.

8.3. Upon termination, any outstanding fees owed by the Client must be settled before closure of accounts.

9. Dispute Resolution

9.1. Any disputes arising from these Terms shall first be resolved through good-faith negotiations between the parties.

9.2. If a dispute cannot be resolved amicably, it shall be referred to arbitration in accordance with the laws of Mauritius.

9.3. The decision of the arbitrator shall be final and binding on both parties.

10. Governing Law

10.1. These Terms shall be governed and interpreted in accordance with the laws of Mauritius.

10.2. Any legal action arising from these Terms shall be subject to the jurisdiction of the courts of Mauritius.

11. Contact Information

11.1. For any inquiries regarding these Terms, you may contact us at compliance@freimannco.mu.