Important Legal Notice
This website, www.orbvest.com, which we refer to as the “Site,” is used by OrbVest Ltd.
OrbVest conducted limited due diligence on each offering and does not in any way give investment advice, provide analysis or recommendations regarding any offering posted on the Site. Past performance is not indicative of future performance.
All investors should make their own determination of whether or not to make any investment in an offering, based on their own independent evaluation and analysis and after consulting with their financial, tax and investment advisors.
Prior to making any investment, you will be required to demonstrate your understanding of the speculative nature of investing in such private securities. Investment opportunities posted and accessible through the site will not be offered to Canadian resident investors.
Potential investors are strongly advised to consult their legal, tax and financial advisors before investing. The securities offered on this site are not offered in jurisdictions where public solicitation of offerings are not permitted; it is solely your responsibility to comply with the laws and regulations of your country of residence. Orbvest provides offerings under Rule 506(c) to accredited investors ONLY.
The content of this website and any accompanying documentation relating to OrbVest Ltd (“OrbVest” or the “Company”) are owned by OrbVest Ltd and protected by copyright and other intellectual property laws. All rights not expressly granted are reserved.
The contents of this website and any accompanying documentation are confidential and may be subject to legal privilege and client confidentiality. Any use thereof, in whatever form, by anyone other than the addressee is strictly prohibited.
By communicating with us through electronic means, you consent to receiving communications electronically and agree that all agreements, notices, disclosures and all other communications transmitted by electronic means satisfy any legal requirement, including but not limited to the requirement that such communication should be in writing. Unless otherwise agreed, we are only deemed to have received an email once we have confirmed receipt thereof; and we are only deemed to have sent an email once reflected as ‘sent’ on our email server.
OrbVest shall not be liable if any variation is affected to any document or correspondence or information displayed on the website. OrbVest cannot be held liable for any harm or loss resulting from viruses in this message or attachments, including data corruption resulting therefrom. OrbVest therefore disclaims liability or legal responsibility for the non-delivery or incorrect delivery for whatever reason of the contents of this message, its effect on electronic devices or its transmission in an unencrypted medium.
Personal use by Employees
OrbVest is not able to distinguish between business and personal emails. Users who make use of Orbvest’s email system do so at their own risk and accept responsibility for any actions or consequences that arise from such personal use. Any views or opinions expressed in such messages are those of the individual sender and do not create obligations on or represent any commitment by OrbVest, except where the sender specifically states it to be the views or opinions of OrbVest. If this message contains offensive, derogatory or defamatory statements or materials, it means the message has been sent outside the sender’s scope of employment with OrbVest and only the sender can be held liable in his/her personal capacity.
Interception and Monitoring
Users who make use of OrbVests’ email system do so at their own risk and accept responsibility for any actions and consequences that arise from use. In general terms, Orbvest does not engage in blanket monitoring of communications. OrbVest does however reserve the right at any time and without notice to intercept and monitor communications and stored files sent or received over or stored on OrbVests’ information and communications systems, provided that such monitoring and interception is: performed by a OrbVest representative properly authorised by OrbVest; for a lawful purpose; and strictly in accordance with OrbVests’ Monitoring Policy and Procedures.
Nothing contained on this website constitutes a solicitation, recommendation, endorsement or offer by OrbVest, but shall merely be deemed to be an invitation to do business.
This website and any accompanying documentation are to be interpreted and implemented in accordance with the laws of Seychelles.
OrbVest Holdings Limited
(Registration Number: 173191)
OrbVest SA Proprietary Limited
(Registration number: 2018/082546/07
OrbVest US, Inc
Control Number : 16092745
If you have any questions or queries regarding the above, please contact us at:
Tel: (+27) 21 948 2130
OrbVest respects your privacy and is committed to keeping your information confidential.
In general, you can visit our website without having to divulge any personal information about yourself. However, while using this website you may provide information about yourself or it may be collected by us. You may update personal information at any time by e-mailing email@example.com. You may also view your personal information that we hold and correct it if necessary on written request to OrbVest. Access to your personal information held by OrbVest may also be requested by yourself or third parties.
Use of Information
Personal information is used as is appropriate in the normal course of business to provide the products and services you have requested. We may retain any information for purposes of investment transaction processing and administration, to monitor our site or to communicate directly with you. Sharing of Information All personal information supplied to OrbVest or collected by us is kept strictly confidential. OrbVest will disclose or report personal information if and when required to do so by law or any regulatory authority, and to our employees, or agents who require such information to carry out their duties.
assessing your application;
marketing of real estate investments;
determining future product and business strategies and to develop OrbVests’ products and services; communicating with you in relation to OrbVests’ products and services including in relation to any transaction made and/or your Account;
when we communicate with you for the above purposes, you consent to receiving communications from us in any form, including email. Your Personal Information may be disclosed to entities associated with OrbVest, OrbVests’ counterparties or third party product or service providers for the above purposes. It may also be disclosed to any financial institution nominated by you and may be disclosed to your financial adviser if you request so in writing.
We will not disclose your Personal Information to any other third party except where required to or permitted to by law, where you have authorised us to do so, or where disclosure is connected to the purposes for which the information was collected. You can, by contacting us, instruct us not to disclose your Personal Information the information was collected. You can, by contacting us, instruct us not to disclose your Personal Information activities electronically, please contact us via email.
Security of Information
We take all reasonable steps to protect your personal information, including, where appropriate, the use of encryption technology. We can however not guarantee the security of any information you transmit to us electronically and you do so at your own risk. We do not sell Personal Information to other organizations.
Electronic Communications and Records
By visiting this website or communicating with us by electronic means, you consent to receiving communications electronically and agree that all agreements, notices, disclosures and all other communications transmitted by electronic means satisfies any legal requirement, including but not limited to the requirement that such communication should be “in writing”.
Data Protection Officer:
as specified on our website and in line with our Terms of Business
Also referred to as “personal date” and means information about a living person by which that person can be identified. Some of that information will identify someone directly, for example by giving their name and email address. It may be possible to identify someone indirectly, from information in which their name is not given, for example by naming their job title and employer, or by using another form of identifier such as their IP address. See below in “what Personal information do we collect and use?” for examples of the type of information which would fall within this definition.
Special category Personal Information:
Personal information revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership. Generic and biometric data. Data concerning health, sec life or sexual orientation.
Website the website at this address: www.orbvest.com or www.orbvest.co
What Personal Information do we collect and use?
The type of Personal Information we collect and process depends on our relationship with you and the context in which we obtain and use it. The list below sets out the Personal Information we will or may collect depending on the circumstances.
Personal Information we may collect:
- Your full name, title, postal address and telephone number;
- Information to enable us to check and verify your identity, e.g. your date of birth, National Insurance number or passport details;
- Electronic contact details, e.g. your email address, mobile phone number;
- Information necessary in relation to the provision of Our Services;
- Information about your use of our IT, communication and other systems, and other monitoring information, e.g. if you use our secure online client portals or leave a voicemail message.
How Personal Information is collected and your responsibilities:
We may collect Personal Information from you in person, via telephone or email communication from your initial enquiry about Our Services and ongoing throughout the provision of Our Services. This may also include via our Website and secure portal. Third parties may pass Personal Information to us to use in the course of providing Our Services in which case they will either have your consent to do so or be able to rely on one of the lawful exceptions namely “legal basis”. The processing of this Personal Information may be necessary for the provision of Our Services and to enable us to act in your best interests as your professional adviser.
We may receive information about you from third parties in any of the following ways:
- publicly accessible sources, e.g. Companies House, sanctions screening providers, etc.;
- direct from a third party, e.g. from a client (such as information about their employees or a family member), client due diligence providers, etc.;
- a third party with your consent, e.g. your solicitors, accountants, and other professionals we may engage with in relation to Our Services;
- our information technology systems, e.g., case management, document management and time recording systems; door entry and reception logs; our Website or other relevant websites and applications;
- automated monitoring of our Website and other technical systems, such as our computer networks and connections and access control systems, communications systems, email, voicemail and instant messaging systems.
When we provide Our Services to you, we may hold and use Personal Information about you, your officers and/or your employees or other third parties. When you provide Personal Information to us relating to a third party, you confirm that you have any necessary permission or authority to do so. You are also responsible for ensuring that the provision of that Personal Information complies with data protection and other applicable law. You must have the authority to disclose personal data if it relates to someone else and all data disclosed should be complete, accurate and up to date.
Personal data of children
In the provision of Our Services, we may come across personal data which involves children. In these instances, the individual or entity providing such personal data must confirm that they have obtained the necessary consents from the parent(s) or guardian(s) of those children. The third party will explain to the parent or guardian why we need any Personal Information relating to the children and how it will be used, both when we first collect the data and on an ongoing basis.
Visitors to our website
We use technology to track the patterns of behaviour of visitors to our Website. This can include using a “cookie” which would be stored on your browser or the hard drive of your computing device.
How and why we use your personal information
Under data protection law, we can only use your Personal Information if we have a proper reason for doing so, for example:
- to comply with our legal and regulatory obligations;
- for our legitimate interests (see below) or those of a third party;
- for the performance of our contract with you or to take steps at your request before entering into a contract;
- you have given consent.
A legitimate interest is when we have a business or commercial reason to use your Personal Information, so long as this is not overridden by your own rights and interests. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to do so by law).
In general terms we will collect Personal Information to:
- provide you with Our Services;
- manage our relationship with you and to comply with our legal or regulatory obligations arising from it.
This does not apply to any Special Category Personal Information which you may have provided to us or authorised us to obtain from a third party, and which we will usually only process with your explicit consent. However, in some circumstances in connection with the provision of Our Services we may receive Special Category Personal Information from yourself or third parties and we can lawfully process it without your consent where it is necessary in the course of us providing you with Our Services.
Change of purpose
We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
We may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Who we share your Personal Information with
We share Personal Information with:
- professional advisers who we instruct on your behalf or refer you to e.g. lawyers, accountants, etc.;
- other third parties where necessary to carry out your instructions e.g. Financial Conduct Authority, Financial Ombudsman, HM Revenue and Customs, Ministry of Justice, etc.;
- our bank/s, insurers, brokers or other professional advisors;
- external service suppliers, representatives and agents that we use to make our business more efficient.
Our IT support and service providers may also access your Personal Information as a consequence of them providing support to us.
We only allow our service providers to handle your Personal Information if we are satisfied they take appropriate measures to protect your Personal Information. We also impose contractual obligations on service providers to ensure they can only use your Personal Information to provide services to us and to you.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations. We may also need to share some Personal Information with other parties. For example, if we, in the course of our own business operations, sell or buy any business or assets we may disclose Personal Information held by us to the prospective seller or buyer of those businesses or assets.
Where possible, information will be anonymised but the recipient of the information will be bound by confidentiality obligations. If we are acquired, or substantially all of our assets are acquired, by a third party (or are subject to a re-organisation), Personal Information held by us will be one of the assets which is transferred.
Where your Personal Information is held
Information may be held at our offices, third party agencies, service providers, representatives and agents as described above (see Who we share your Personal Information with).
We also hold your Personal Information in secure data centers in the UK (and in relation to personal data held in our client relationship management system; only in the UK, EU, Israel and the USA) with all reasonable technological and operational measures put in place to safeguard it from unauthorised access.
For more information, including on how we safeguard your Personal Information when this occurs, see below Transferring your Personal Information out of the EEA and How we protect your personal information.
Transferring your Personal Information out of the EEA
To deliver services to you, it may be necessary for us to share your Personal Information outside the European Economic Area (EEA), e.g.:
- with offices outside the EEA;
- with your and our service providers located outside the EEA;
- if you are based outside the EEA;
- where there is an international dimension in relation to Our Services;
- if one of our staff or contractors needs to access it remotely while they are travelling outside the EEA.
These transfers are subject to special rules under European and UK data protection law. In those circumstances, we undertake an assessment of the level of protection in light of the circumstances surrounding the transfer. We will make sure that any transfers are not repetitive and only limited to the minimum amount of information possible and will always take steps to ensure that your Personal Information is adequately protected. In certain circumstances we may need to seek your consent unless there is an overriding legal need to transfer the Personal Information.
Our current IT support is provided from across the world and when support is provided remotely, your Personal Data may be accessed from and therefore transferred to that country. One of the countries to which we may transfer Personal Information in connection with IT support is the United States; this has been assessed by the European Commission as providing an adequate level of protection for Personal Information.
How long your Personal Information will be kept
We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When it is no longer necessary to retain your Personal Information, we will delete or anonymise it. In some circumstances we may anonymise your Personal Information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of it, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances you can ask us to delete your data: see Your rights with respect to your Personal Information.
We only keep your Personal Information for as long as is necessary to:
- carry out Our Services;
- respond to any questions, complaints or claims made by you or on your behalf;
- show that we treated you fairly;
- keep records required by law to comply with our legal obligations and our duties to our regulator. Anti-money laundering legislation requires us to retain records, documents and information relating to the provision of Our Services, including a copy of your identity documentation, for six years from conclusion of the provision of Our Services or when our business relationship with you ends.
Complaints or requests
If you are not a client of ours but you complain to us about how we have processed your Personal Information or you seek to exercise a data protection right such as a data subject access request, we will retain details of your complaint or request. We will only use the Personal Information we collect to process the complaint or request, to audit the level of service we have provided and to provide information to our insurers or regulator.
We will keep information in connection with the complaint or request in line with our retention policy. In most cases this means we will retain the information for six years.
How we protect your Personal Information
Keeping information secure is a key part of data protection compliance. We have put in place appropriate security measures to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so or where we have otherwise agreed with you that we will.
We also maintain our own internal audit program to verify that our staff are familiar with and adhere to our policies and procedures.
If we have given you a username and password which allows you to access certain parts of Our Services via our systems, you are responsible for keeping it confidential.
Your rights with respect to your Personal Information
You are entitled at any time to ask us for a copy of Personal Information we hold about you, known as a data subject access request. You are also entitled to ask that any information we hold about you is supplemented, updated or rectified. You can make any of these requests free of charge by contacting us.
In certain circumstances you can also ask us to restrict our processing of your Personal Information, e.g. if you contest the accuracy of it. We will always review your request and will inform you if we decide we are not required to action it. If you require us to restrict or stop processing your Personal Information in anyway, this may impact on our ability to provide our legal or professional services to you. Depending on the nature of your requests we may have to stop acting for you but you will still have to pay any unpaid fees and disbursements which we have incurred on your behalf until that date.
You are entitled to ask that we send a copy of the Personal Information we hold about you to another organisation for your own purposes, for example if you intend to instruct another service provider instead of us. If you want us to move, copy or transfer your Personal Information in these circumstances, please let your usual WM contact know or contact us.
We will aim to respond to your request within one month once we have assessed how feasible your request is, taking into account the technical capability of the other organisation involved.
For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.
We do not use your Personal Information for automated decision making.
How to complain
We hope that we can resolve any query or concern you may raise about our use of your information. If you want to complain about how we have handled your Personal Information, please follow the procedure in our Complaints Policy which is available on request. We will investigate your complaint but if you are not satisfied with our response or believe we are processing your Personal Information unlawfully, you can complain to the UK Information Commissioner’s Office. Further information is available on the ICO website or by telephone on 0303 123 1113.
The EU General Data Protection Regulation also gives you the right to lodge a complaint with a supervisory authority, in particular in the European Union (or EEA) State where you work, normally live or where any alleged infringement of data protection laws occurred. The UK supervisory authority is the Information Commissioner.
Do you need extra help?
If you would like this policy in another format (for example large print) please contact us using the details above.
TERMS AND CONDITIONS
PKF Capital Markets (Seychelles) Limited (“PKF Capital”) Legal Undertakings
PKF Capital Markets (Seychelles) Limited is a licensed member of the Seychelles Stock Exchange (MERJ) and a registered Sponsor Advisor to listed companies and those wishing to list on the exchange.
- I confirm that I will use the bank account, the details of which I provided, to make all deposits into my trading account with PKF Capital.
- I hereby confirm that the details and proof so given are correct, and that I will provide any additional documents required, in order for PKF Capital to comply with know your client (KYC) regulations and FICA.
- I confirm that I have read, understood and accept all aspects of the Risk Disclosure Statement.
- I confirm that I have read, understood and accept all aspects of the Terms and Conditions for Listed trading with PKF Capital.
- assessing your application;
- marketing of financial products and services to you;
- determining future product and business strategies and to develop products and services; communicating with you in relation to our products and services including in relation to any Transaction made and/or your Account;
- providing products and financial services to you;
- When we communicate with you for the above purposes, you consent to receiving communications from us in any form, including email. Your Personal Information may be disclosed to entities associated with us, counterparties or third party product or service providers for the above purposes. It may also be disclosed to any financial institution nominated by you and may be disclosed to your financial adviser if you request so in writing.
Legal disclaimers: RSA
The Collective Investment Schemes Control Act, 2002
ORB and OrbVest SA is not registered as a management company under the Collective Investment Schemes Control Act 2002 and as such does not operate a unit trust or a collective investment scheme.
The Financial Advisory and Intermediary Services Act, 2002
OrbVest SA (Pty) Ltd is a registered and authorised Financial Service Provider by the Financial Services Conduct Authority of South Africa under license Nr 50483. All information contained in this website/portal should not be construed, or relied upon, as advice. If you require financial and/or investment advice, please engage the services of an independent financial adviser.
Promotion of Access to Information Act
The Promotion of Access to Information Act, no. 2 of 2000 (the 'Act') gives persons the right of access to information that is required for the exercise or protection of any rights. In order for access to information to be granted, certain requirements have to be met. The Act also requires private bodies such as Orb to compile a manual, designed to assist people who want to exercise their right to access to information. This manual, as well as the prescribed request form and fees payable should you wish to exercise your right of access to information, is available below.
Financial Intelligence Centre Act
OrbVest SA (Pty) Ltd is considered to be an “accountable institution” for purposes of the FIC Act, together with PKF Capital and as such clients must comply with the requirements of the FIC Act as part of the know your customer (“KYC”) process of PKF Capital and as part of the investment process to exchange information.
No offers to sell securities or solicitation for any investment are made on any of the pages of this platform, as any investment can only be made by members of the platform and based on independent financial advice on the basis of the information provided in the investment section by the real estate listed. OrbVest takes no responsibility for the information, recommendations or opinions made.
Investing in real estate projects is a higher risk / higher return investment strategy and carries significant risks including; illiquidity, loss of capital, rarity of dividends and dilution. It should only form part a balanced investment portfolio and is targeted at investors who are sufficiently sophisticated to understand the risks involved and are capable of making their own investment decisions.
For more information please view our Risk Policy. (see below)
Investing money in property can be very rewarding, however it also involves a number of risks.
The purpose of this risk warning is to ensure that you, as a potential investor, understand the risks involved. If you choose to invest through the platform, there are five important considerations you need to understand and accept;
1. Loss of Capital
Start-ups, early stage and later stage may fail, and if you invest in a business the platform, you accept that if a business fails you will lose all of your investment. You should not invest more money through the platform than you can afford to lose without having to alter your standard of living.
The investment opportunities on the platform are public listed companies and will be of limited liquidity and currently there is very limited secondary market for any investments made through the platform. Investors are cautioned in this regard and referred to the Property Supplement and other risk disclosures in this regard.
Companies have no obligation to pay shareholders dividends and generally investee companies will reinvest profits to grow and build shareholder value. This means that if you invest in an unlisted company through the platform, even if it is successful you are unlikely to see any return of capital or profit until you are able to sell your shares in the investee company. Even for a successful company, this is unlikely to occur for a number of years from the time you make your investment.
Any investment you make through the platform may be subject to dilution. This means that if the company raises additional equity funding in the future, it will issue new shares to new investors and the percentage of the business you own will decline. Any new shares may also allow for certain preferential rights to dividends, sale proceeds and other matters. If such rights are exercised by new investors this may work to your disadvantage. If the investee company grants options (or similar rights to acquire shares) to connected employees, service providers or certain other parties/individuals then your investment may diluted as a result.
Investing in real estate should be done as part of a diversified investment portfolio. Not every type of investment will be appropriate for every investor. To spread and therefore alleviate risk you should invest smaller amounts in multiple businesses and/or real estate and investors are urged to obtain independent financial, legal and tax advice in this regard.