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SECURE SERVICES TERMS AND CONDITIONS

Old Mutual Secure Services is a free internet-based self-help service website to obtain and manage portfolio and investment information. Existing and potential customers of Old Mutual, financial advisers, employers and other third parties may register for this service provided they are at least 18 years old.

As an additional security and a secondary means of authenticating you, we have implemented a One-Time-Pin (OTP) function, which sends a verification code by SMS to your cellphone. You may use this code only once to conclude certain transactions on the website.

In these terms and conditions:
  • “we”, “our”, “us” and “Old Mutual” refers to Old Mutual Life Assurance Company (South Africa) Limited, a member of the Old Mutual Group. (Please see the footnote for further details.)
  • “you” refers to the user of the Secure Services website.

Our commitment to you

  • We will make every effort to ensure that the Secure Services website is always available.
  • We must from time to time temporarily suspend the operation of Secure Services maintenance and software upgrades, security concerns and circumstances beyond our control. We will always try to notify you in advance and restrict the downtimes to non-business days.

Code of conduct

You agree to follow these rules when using the Secure Services website:
  • Provide us with information that is truthful and correct at all times.
  • Do not share your access rights, username, usernumber, verification code or password with anyone else.
  • Do not allow your usernumber or username to be saved on the web browser, even if prompted.
  • Do not leave your internet browser unattended while you are in an active browser session.
  • Log off after each session.
  • Provide us with a valid cellphone number and email address so we can communicate with you, and keep us updated of any changes to the cellphone number or email address at all times.
  • Inform us if your cellphone is stolen or lost.
  • Protect your information to prevent an unauthorised SIM swop.
  • Present us with an original, valid identity document to verify your identity if we request you to do so.
  • Inform us of any change in your legal status, such as being placed under administration or under curatorship or being sequestrated.
  • Make use of the services of a professional financial services adviser before making any decision based on any information on the Secure Services website.
We are not liable for any negative consequences that you may incur as a result of:
  • your use of the website
  • relying on information on the website
  • any defect or fault in your hardware or software, failure or fault in connectivity, the unavailability of the website or contact centre for any reason and any failure on the part of Old Mutual to carry out an instruction if that failure is a result of a cause beyond Old Mutual’s control
  • any breach of this code of conduct.
The exception is if the negative consequence arose from gross negligence or wilful misconduct of Old Mutual or an employee of Old Mutual, in which case, we will deal with each case based on its legal merits. Your claim is limited to your direct damages.


Enforcement of breaches

If you violate any of the terms and conditions, we may, in our sole discretion:
  • withdraw or suspend your username or usernumber
  • stop providing services to you
  • institute legal proceedings against you, for which we will be entitled to recover all damages we have suffered due to your breach, including the cost of legal fees on an attorney-and-own-client scale.
The law of South Africa will apply to all legal matters relating to this website. We may refer any dispute to an arbitration proceeding to be held in Cape Town under a practising senior advocate with at least 10 years’ experience in practice, who is appointed by the Arbitration Foundation of Southern Africa (AFSA). The arbitration will follow the rules of AFSA. Any legal action will take place in the Western Cape Provincial division of the High Court. Either you or we may apply for interim or urgent relief to this Court.


Terms and conditions specific to MyPortfolio

When you apply for a Secure Services profile, you will be granted automatic access to the MyPortfolio secure website. All the terms and conditions, including the Code of Conduct and Enforcement terms that apply to Secure Services also apply to your use of MyPortfolio, as well as:
  • When you access MyPortfolio, you must do so in your personal capacity.
  • You may not make an application or take any action in a representative capacity to view the portfolio of another person.
  • The information on MyPortfolio does not change the terms and conditions of your investment or risk contract with us.
  • We may make information about your portfolio available on the internet if you request this information on the MyPortfolio secure website.
  • Portfolio information obtained through MyPortfolio is not intended for use by third parties. We are not liable for any claim against us as a result of a third party having acted on the information contained in a MyPortfolio report.
We have also created a mobile MyPortfolio application which can be downloaded onto compatible smart devices. A different set of terms and conditions applies to the mobile application in addition to these terms and conditions.


Use of your personal information

  • Personal information means any detail that by itself or when combined with other details may identify you as a specific individual. Secure Services only collects personal information that you voluntarily provide so that we can allow you access to our products and services.
  • Secure Service uses encrypted cookies that contain personal information relating to you to transfer data on a fund or a scheme. We have adequate security measures in place to monitor the use of cookies, which we do by reviewing the log files or databases that track cookies to verify that the security procedures are being complied with.
  • We may intercept, monitor, read, filter, block and act on any electronic communications and stored files generated, sent or otherwise kept by you in Old Mutual's computer systems accessed through Secure Services. This is to protect our electronic information assets and to ensure compliance with relevant legislation (including the Regulation of Communications and Provision of Communication-related Information Act, 2002)
  • You consent to Us disclosing your personal details to organisations within the Old Mutual Group.
  • We may use your ID or passport number, email address or cellphone number to authenticate you for any telephonic contact with the Old Mutual Secure Services contact centre.
  • We will never sell or share your personal information with any third party outside of the Old Mutual Group.
Old Mutual Life Assurance Company (South Africa) Limited, a member of the Old Mutual Group, is a company incorporated in South Africa, with registration number 1999/004643/06 and with its registered address at Mutualpark, Jan Smuts Drive, Pinelands,7405, South Africa.

”Old Mutual Group” means Old Mutual plc, a company incorporated in England and Wales, with registered number 3591559 and with its registered address at 5th Floor, Old Mutual Place, 2 Lambeth Hill, London, EC4V 4GG and includes all its subsidiaries that directly or indirectly, control, are controlled by, or are under common control with Old Mutual Life Assurance Company (South Africa) Limited. For purposes hereof, the term "subsidiaries" shall have the meaning ascribed thereto in Companies Act 71 of 2008, as amended.


Version: 12 August 2015