Introduction
It is important to identify and effectively manage conflicts of interest, which arise or may arise in the course of providing a service and carrying out activities, as their existence may lead to material risk of damage to a client’s interests. This document sets out EGM Securities' policy for the management of such conflicts of interest.
EGM Securities is the trading name of EGM Securities Limited (Company Registered No. PVT-AAAAFF7), which is authorised and regulated by the Capital Markets Authority, with its company registered address at 22 Riverside Drive, Riverside Green Suites, 1st Floor Cedar Suite, Westlands, Nairobi, Kenya.
EGM Securities has taken this opportunity to examine its policies and procedures to ensure they remain fit for purpose and address, where potentially relevant, the issues in a way which is proportionate to the scale and complexity of its business. Both the policy and the register of conflicts of interest will be reviewed on at least an annual basis.
This document does not intend to create third party rights or duties or form part of any contractual agreement between the firm and any client. This policy may be amended and updated at any time if any material change occurs and will be reviewed on at least an annual basis.
If at any time you are in doubt as to how to act in a given situation where you are faced with an actual or potential conflict of interest, you should contact the Compliance Officer.
Whilst conflicts of interest are important to be adhered to by all of EGM Securities' staff, they are non-exhaustive, and certain other additional rules may apply to readers who are members of professional associations by virtue of their job role. Failure to follow any of the rules whether by express breach, or failure to follow any of the spirit of identifying, mitigating and managing conflicts of interest may also be a breach of an employment contract. Disciplinary action may be taken by EGM Securities as a result.
Conflicts of Interest
These services that EGM Securities provides to its clients could potentially give rise to conflicts of interest entailing a material risk of damage to the interests of one or more clients. This document aims to set out these potential conflicts and the procedures that are in place to be followed and measures to be adopted in order to manage such conflicts.
Conflicts of interest may occur between a customer and EGM Securities, including its managers, employees or any persons directly or indirectly linked to the firm, or between two or more clients.
Treating customers fairly is central to the core values of EGM Securities. There is an embedded culture that understands what is considered acceptable and unacceptable behaviour. As such, conflicts of interest and the identification / management / mitigation thereof are central to this philosophy and culture.
Definition
An actual or potential conflict may arise when, in the exercise of its activities and services, the interests of:
and the interest of its clients, are directly or indirectly in competition, and which could significantly prejudice the client’s interests.
Identifying situations where a conflict may arise
The circumstances giving rise to conflicts of interest include all cases where there is a conflict between the:
Conflicts of interests could prejudice a client in various ways, whether or not EGM Securities suffers any financial loss and independently of whether the actions or the motivations of the employees involved are intentional. For the purposes of identifying the types of conflicts of interest that arise, or may arise, EGM Securities must take into account, as a minimum whether the firm, a relevant person (e.g. a partner, employee or an appointed representative or a director, partner or employee of an appointed representative or a person who is directly involved in the provision of services to the firm or its appointed representative under an outsourcing agreement) or a person directly or indirectly linked by control to the firm:
Generic Conflicts
EGM Securities has identified the following circumstances in which general types of potential conflicts of interest may arise:
Prevention and management
EGM Securities has identified specific potential conflicts of interests, which may arise in relation to its activities. The general nature and/or source of these conflicts will be disclosed to clients before undertaking business in sufficient detail to enable the client to make an informed decision about the service in the context in which the conflict has arisen. For each potential situation, EGM Securities has analysed whether or not the risk is actual or potential for one or more of its clients.
It is not always possible to prevent actual conflicts of interest from arising. In that case EGM Securities will try to manage the conflicts of interests by segregating duties where possible or by establishing Chinese Walls. In certain circumstances, EGM Securities may have to decline to take on a new client.
If EGM Securities considers developing new products or services or making other changes to its business model or operations, Senior Management will consider whether any additional potential conflicts of interest arise.
Senior management will update the “Conflicts of Interest Policy” and “Register of Potential Conflicts of Interest” as necessary on an ongoing basis and formally consider the continued adequacy of the arrangements on an annual basis.
Inducements including gifts and hospitality
EGM Securities maintains business relationships with third parties who may remunerate EGM Securities in the form of management and performance fees, which can constitute monetary or non-monetary benefits thereby impairing EGM Securities' fiduciary duties to the client. Such payments are classified as inducements. Further details are included in the Compliance Manual.
Gifts and hospitality could lead to potential conflicts of interest. No employee may accept from, or give to, any person any gift or other benefit that cannot properly be regarded as justifiable in all circumstances. Policies and procedures have been implemented to ensure that staff and their connected persons do not offer or accept gifts or inducements which may give the perception that decisions or actions are not impartial.
These policies are set out in the Compliance Manual. All employees must act with the highest standards of integrity to avoid any allegations of conflicts of interest.
A record is kept by the Compliance Officer of any gifts or hospitality received or given. Where an invitation to a hospitality event could be construed as being a business inducement, it must be declined and the Compliance Officer informed.
Personal account dealing
Employees may only undertake personal investment activities that do not breach applicable law or regulation, do not unduly distract from their employment responsibilities and do not create an unacceptable risk to the company’s reputation. Transactions should also be free from business and ethical conflicts of interest. Employees must never misuse proprietary or client confidential information in their personal dealings and must ensure that clients are never disadvantaged as a result of their dealings.
EGM Securities' Personal Account Dealing Policy has been established to ensure that personal account dealing by members of staff comply with this policy. This includes a requirement for pre-deal approval from the Compliance Officer. Such permission is normally only valid for 24 hours.
EGM Securities' Personal Account Dealing policy is set out in the firms’ Compliance Manual.
Outside employment, external Directorships and business interests
No employee may engage in any additional occupation without the consent of the Company. In certain circumstances, consent may be withheld.
Employees must not accept personal fiduciary appointments (such as trusteeships, Director appointments or executorships other than those resulting from family relationships) without first obtaining written approval from the COO or the Compliance Officer.
Aggregation of orders
Where EGM Securities aggregates the orders of clients, it must ensure that this does not work to the overall disadvantage of any client whose order is to be aggregated. EGM Securities makes reference to this within the Order Execution Policy.
Disclosure
In certain cases, EGM Securities may disclose the general nature and/or source of potential or actual conflicts to its client in writing before undertaking business on its behalf so that the client can decide whether or not to accept these potential conflicts.
If it is not possible to avoid or manage a conflict of interest, EGM Securities may have no choice but to decline to provide the service requested.
Segregation of Duties
There are several distinct tasks within the investment management business that could lead to potential conflicts of interest that are mitigated by them being segregated from the individuals directly involved in the task.
Information barriers
EGM Securities maintains appropriate policies in its internal policies detailing the potential use of “Insider Lists” and “Information Barriers” often known as Chinese Walls so as to limit or withhold the use of information that is price-sensitive, confidential, and could give rise to market abuse, restrictions on dealing, conflicts of interest, or any other improper or unethical activities.
The Compliance Officer monitors along with the relevant business line managers the effectiveness of any Information Barriers that may be required. In certain circumstances staff may need to be taken “across the wall”, should this be required, the Compliance Officer must be notified and a record made thereof.
Remuneration and Oversight
The management oversight and determination of appropriate remuneration of members of staff is conducted by EGM Securities' Senior Management. Remuneration is based on the overall results of the firm and is not based on the success of any particular transaction.
Remuneration for customer facing and sales staff should be partly based on business production.
Staff are subject to appropriate management and supervision to ensure that EGM Securities is able to demonstrate that it has appropriate and effective arrangements in place to ensure that conflicts of interest are properly managed.
Record Keeping
EGM Securities must keep and regularly update a written record of the kinds of ancillary services or activities carried out by or on behalf of the firm in which a conflict of interest entailing a material risk of damage to the interests of one or more clients has arisen or, in the case of an ongoing service or activity, may arise. These records will be for a minimum period from the date of creation and are maintained on an ongoing basis by the Compliance Officer.
Reporting
Conflicts of Interest situations or potential conflicts situations should be reported to the Compliance Officer immediately.
Privacy Policy
EGM Securities is the trading name of EGM Securities Limited (Company Registered No. PVT-AAAAFF7), which is authorised and regulated by the Capital Markets Authority, with its company registered address at 22 Riverside Drive, Riverside Green Suites, 1st Floor Cedar Suite, Westlands, Nairobi, Kenya.
EGM Securities observes the requirements of the existing prevailing law on Privacy and Data protection and further guidelines on global Data Protection rules.
This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
Please read the following carefully to understand our views and practices regarding your personal data.
By visiting www.egmsecurities.com you are accepting and consenting to the practices described in this Policy.
We train our employees who handle personal information to respect the confidentiality of customer information and the privacy of individuals. We regard breaches of your privacy very seriously and will impose appropriate penalties, including dismissal, should we deem it necessary.
For the purposes of this Law, we have nominated a data protection officer to ensure that the management of personal information complies with this Law and this Policy.
INFORMATION WE COLLECT FROM YOU
We will collect and process the following data about you from:
Information you give us:
Information we collect about you:
Information we receive from other sources:
We work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies). We use this information to, amongst other matters, assist us in AML/KYC matters.
COOKIES
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information please read our Cookies Policy.
TECHNOLOGY IMPROVEMENTS
We are always looking at ways to improve efficiency and functionality for customer experience on the website through technology enhancements. This may mean a change to the way in which we collect or use personal information. The impact of any technology changes, which may affect your privacy, will be notified to you at the time of any such change.
LINKS TO THIRD PARTY WEBSITES
Our site may have links to external third-party websites that may benefit the user. Please note, however, that third party websites are not covered by our privacy policy and these sites are not subject to our privacy standards and procedures.
HOW WE USE THE INFORMATION
We use information held about you in the following ways from Information you give to us:
Information we collect about you we will use as follows:
Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
DISCLOSURE OF YOUR INFORMATION
Depending on the product or service concerned and particular restrictions on sensitive information, this means that personal information may be disclosed to:
You agree that We have the right to share your personal information with:
We will disclose your personal information to third parties:
WHERE WE STORE YOUR PERSONAL DATA
We hold personal information in a combination of secure cloud storage facilities, held electronically on off-site back-up servers or held within multiple cloud servers and we take all necessary steps to protect the personal information we hold from misuse, loss, unauthorised access, modification or disclosure.
The data that we collect from you may be transferred to, and stored at, a destination selected by us. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
YOUR RIGHTS
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us by Email: [email protected]
ACCESS TO INFORMATION
The Law gives you the right to access information held about you. Your right of access can be exercised in accordance with the Law. If you would like a copy of the information we hold about you, please write to us verifying your identity and specifying what information you require at the address set out for notices and correspondence in clause 1.1 of our Client Agreement.
CHANGES TO OUR PRIVACY POLICY
Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.
CONTACT FOR COMPLAINTS
If you consider that any action of ours breaches this Privacy Policy Statement or otherwise doesn’t respect your privacy, you can make a complaint. This will be acted upon promptly. To make a complaint, please contact the client services department or our Compliance Department at the following address.
Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
EGM Securities is the trading name of EGM Securities Limited (Company Registered No. PVT-AAAAFF7), which is authorised and regulated by the Capital Markets Authority, with its company registered address at 22 Riverside Drive, Riverside Green Suites, 1st Floor Cedar Suite, Westlands, Nairobi, Kenya.
These terms tell you the rules for using our website: www.egmsecurities.com
Your access to and use of this website is subject to these website terms and conditions, our client agreement ("Client Terms and Conditions”), and any notices, disclaimers or other terms and conditions or other statements contained on this website (referred to collectively as "terms of use"). By using this website, you agree to be subject to the terms of use.
BY USING OUR SITE YOU ACCEPT THESE TERMS
By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These terms of use refer to the following additional terms, which also apply to your use of our site:
WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
WE MAY MAKE CHANGES TO OUR SITE
We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will make reasonable efforts to provide you with appropriate notice of any major changes.
WE MAY SUSPEND OR WITHDRAW OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Under certain exceptional circumstances, we may have no option but to suspend, withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
OUR SITE IS ONLY FOR USERS IN countries that are able to use our products and services. We do not represent that content available on or through our site is appropriate for use or available in other locations.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at: [email protected]
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
DO NOT RELY ON INFORMATION ON THIS SITE
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
USER-GENERATED CONTENT IS NOT APPROVED BY US
This website may include information and materials uploaded by other users of the site, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us at: [email protected]
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Client Terms and Conditions.
If you are a business user:
If you are a consumer user:
UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our site other than that set out above, please contact: [email protected]
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Kenyan Law. We both agree to the exclusive jurisdiction of the courts of Nairobi, Kenya.
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