Advertising and Marketing Policy

Advertising and Marketing Policy

1. INTRODUCTION AND REGULATORY FRAMEWORK

1.1 IUX Markets ZA (Pty) Ltd (“the Company”, “we”, “us”, “our”) is an authorized Financial Services Provider (FSP No. 53103) regulated by the Financial Sector Conduct Authority (“FSCA”) in South Africa. Registered address: 18 Cavendish Road, Claremont, Cape Town, Western Cape, 7708.

1.2 This Advertising and Marketing Policy (the “Policy”) governs the conceptualisation, approval, distribution, and ongoing monitoring of all promotional materials, digital campaigns, lead-generation funnels, affiliate materials, and direct marketing communications issued by or on behalf of the Company.

1.3 The Policy is designed to ensure compliance with, as applicable:

1. the Financial Advisory and Intermediary Services Act 37 of 2002 (“FAIS Act”) and the General Code of Conduct for Authorised Financial Services Providers and Representatives (BN 80 of 2003, as amended) (“GCC”), in particular section 14 (advertising), section 15 (direct marketing) and section 7 (disclosure);
2. the Financial Markets Act 19 of 2012 (“FMA”) and the regulations, conduct standards, joint standards, and notices issued thereunder relating to OTC derivatives;
3. the Protection of Personal Information Act 4 of 2013 (“POPIA”), in particular section 69 (direct marketing by means of unsolicited electronic communications) and section 72 (trans-border information flows);
4. the Financial Intelligence Centre Act 38 of 2001, as amended (“FIC Act”);
5. the Consumer Protection Act 68 of 2008 (“CPA”), including section 11 (right to restrict unwanted direct marketing) and section 32 (negative option marketing), subject to applicable carve-outs under section 5;
6. the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), in particular section 45;
7. the Advertising Regulatory Board (“ARB”) Code of Advertising Practice and, where SMS channels are used, the Wireless Application Service Providers’ Association (“WASPA”) Code of Conduct; and
8. any applicable FSCA Conduct Standards, directives, circulars, or guidance notes issued from time to time.

1.4 This Policy must be read together with the Company’s Conflicts of Interest Policy, Provider Due Diligence Policy, Treating Customers Fairly (TCF) Policy, Complaints Resolution Policy, Privacy Notice, and Financial Intelligence Centre Act Risk Management and Compliance Programme (“RMCP”).

2. SCOPE AND APPLICATION

2.1 This Policy applies to all directors, key individuals, representatives, employees (whether permanent or temporary), contractors, outsourced marketing agencies, introducers, and affiliate lead-generators acting in any capacity on behalf of the Company (collectively, “Personnel”).

2.2 It covers all forms of communication intended to promote the Company’s intermediary services in relation to CFD trading, including:

1. the Company’s official website and client portals;
2. lead-generation funnels, landing pages, email sequences, and messaging flows;
3. social media campaigns and paid-media placements (including Facebook, X, Instagram, LinkedIn, TikTok, YouTube);
4. influencer content and user-generated content published, sponsored, or boosted by or on behalf of the Company;
5. search engine marketing (PPC), display advertising, and native advertising;
6. webinars, seminars, workshops, podcasts, and educational materials;
7. direct marketing communications, including telemarketing, SMS, MMS, WhatsApp, push notifications, in-app messaging, and direct mail;
8. partnership, co-branded, and sponsorship materials.

3. PROHIBITION ON FINANCIAL ADVICE

3.1 The Company is authorised to render intermediary services only. It is not authorised under the FAIS Act to furnish advice, and accordingly renders services on a strict execution-only basis, routing orders to its affiliated principal CFD execution broker located in Mauritius (the “Execution Broker”).

3.2 Marketing materials must never contain language capable of being construed as personalised financial or investment advice, trade recommendations, or financial planning.

3.3 Phrasing that suggests advice, guarantees, or risk-free outcomes (including, without limitation, “we recommend”, “guaranteed returns”, “safe investment”, “risk-free”, “sure strategy”, “get-rich-quick”, and similar formulations) is strictly prohibited.

3.4 All lead-generation funnels, educational videos, and market commentary must prominently feature the following standard disclaimer:

“The information provided in this material is for educational and informational purposes only and does not constitute financial or investment advice. IUX Markets ZA (Pty) Ltd provides execution-only intermediary services and is not licensed under the FAIS Act to furnish advice. You should not act on any information in this material without obtaining independent professional advice.”

3.5 Notwithstanding that the Company does not provide advice, the diligence, care, and skill obligations set out in section 2 and section 8 of the GCC apply to the Company’s intermediary services and must be observed in the design and delivery of marketing materials.

4. ADVERTISING STANDARDS (FAIS GCC SECTION 14)

4.1 All advertising and marketing materials must comply with section 14(1)(a) to (j) of the GCC and must, in particular:

1. be factually correct: statements must be factually accurate, clear, unambiguous, and not misleading, whether by act or omission;
2. be balanced: potential benefits must not be presented without equally prominent disclosure of associated risks, costs, and limitations;
3. identify the Company: the Company’s registered business name and FSP number (FSP 53103) must be clearly displayed, together with a statement that the Company is an authorised Financial Services Provider regulated by the FSCA. Where space permits (for example, on the website footer and long-form materials), the Company’s registered address and contact details of the complaints function must also be displayed;
4. display CFD risk warnings prominently: given that Contracts for Difference are highly leveraged over-the-counter derivatives, all campaigns must prominently display a risk warning of at least the following substance: 

“CFDs are complex instruments and come with a high risk of losing money rapidly due to leverage. A significant proportion of retail investor accounts lose money when trading CFDs. You should consider whether you understand how CFDs work and whether you can afford to take the high risk of losing your money.”

5. not obscure risk disclosures: risk warnings must not be obscured by design elements, hidden behind click-throughs, placed in illegible fine print, displayed below the fold, truncated by auto-playing media, or rendered inaccessible by accessibility deficiencies;
6. source performance data: references to performance, awards, rankings or third-party research must include the source and date. Awards older than three years must be clearly labelled as historical;
7. include past-performance warnings: any reference to past market or trading performance must include the warning “Past performance is not necessarily indicative of future results”;
8. qualify hypothetical and forward-looking data: illustrations, forecasts, back-tests or hypothetical data must state the basic assumptions used, reflect the impact of fees and costs, be labelled as illustrative, and make clear they are not guaranteed;
9. avoid negative-option or undue-pressure tactics: campaigns may not employ negative option marketing (CPA section 31), countdown pressure, fake scarcity, or manipulated testimonials;
10. not target vulnerable persons: campaigns may not be targeted at minors or at audiences segmented on the basis of indicators of financial distress or gambling propensity.

5. TARGET MARKET AND PRODUCT GOVERNANCE

5.1 CFDs are complex, leveraged financial products suitable only for informed retail investors with a high risk tolerance. All marketing materials must be aimed at this defined target market and must not be distributed, promoted, or boosted to audiences that materially fall outside it.

5.2 The Marketing and Compliance Departments jointly maintain a Target Market Assessment for each product and campaign type, which is reviewed at least annually and on any material change to product mechanics, fee structures, or the Execution Broker’s operating terms. The assessment documents the identified target market, exclusion criteria, distribution strategy, and expected fair-value outcomes.

6. TESTIMONIALS, INFLUENCERS AND SOCIAL MEDIA

6.1 Testimonials and endorsements may be used only if they (a) are genuine and verifiable, (b) are representative of typical client outcomes, (c) are not based on selective performance, and (d) include a clear disclosure where the testifier has received any inducement.

6.2 Influencer, affiliate, and user-generated content that is published, sponsored, boosted, or otherwise materially supported by or on behalf of the Company must:

1. clearly and conspicuously disclose the commercial relationship (for example, “#Ad”, “Paid partnership with IUX Markets ZA”) in a manner compliant with the ARB Code and applicable FSCA guidance;
2. not make performance claims that are not substantiated by data held by the Company;
3. include the Company’s FSP number and the standard CFD risk warning where the content promotes the Company’s services; and
4. be pre-approved by the Compliance Department in accordance with section 9 of this Policy.

6.3 Content that features children, members of vulnerable communities, or that trades on fear, greed, or lifestyle envy is prohibited.

7. LEAD-GENERATION AND DIRECT MARKETING

7.1 Lead-generation funnels must, before any personal information is collected, clearly identify the Company by registered name and FSP number, state the nature of the intermediary services being offered, and provide or link to the Privacy Notice.

7.2 When engaging in telephonic or electronic direct marketing, the representative must, at the earliest reasonable opportunity and before any substantive discussion of the services, disclose: (a) the Company’s registered name and FSP number; (b) the nature and limits of the authorised intermediary services; (c) that the call or contact is being made for marketing purposes; and (d) that the call may be recorded and retained in accordance with the GCC.

7.3 Electronic direct marketing is subject to the following consent regime:

1. Prospects (non-customers): the Company and its Personnel may not approach a data subject for the purpose of direct marketing by means of any form of electronic communication (including automatic calling machines, SMS, email, instant messaging, or WhatsApp) unless the data subject has given prior consent to the processing. Consent must be captured in the manner prescribed by section 69 of POPIA and the related regulations (including Form 4). A complete, date- and time-stamped record of each consent must be retained.
2. Existing customers (limited carve-out): the Company may approach existing customers in respect of its own similar products or services, provided that (a) the contact details were obtained in the context of the sale of such a product or service, (b) the customer was given a reasonable opportunity to object to such use at the time of collection and on every subsequent communication, and (c) the customer has not objected.
3. Opt-out mechanism: every electronic direct marketing communication must include a clear, free, frictionless, and immediate opt-out mechanism that operates through the same channel used to deliver the communication.
4. Do-Not-Contact registers: before any voice-call marketing, Personnel must check and honour all applicable do-not-contact / opt-out registers, including any register maintained by the National Consumer Commission under the CPA.

7.4 All telephonic marketing conversations must be voice-logged, securely stored, and made available on request to the Compliance Department, the FSCA, the FAIS Ombud, or any other competent authority. Recordings must be retained for at least five (5) years from the date of the call.

7.5 Cross-border transfer of personal information collected through marketing activities (including transfer to the Execution Broker or to any technology or marketing processor located outside South Africa) must comply with section 72 of POPIA and be covered by an appropriate operator agreement or cross-border safeguard.

8. AFFILIATE, INTRODUCER, AND THIRD-PARTY MARKETING

8.1 The Company takes full regulatory responsibility for any marketing material published by third-party affiliates, introducers, or lead-generators on its behalf.

8.2 Before any affiliate is engaged, the Compliance Department must classify the affiliate by reference to the definitions of “intermediary service” and “representative” in the FAIS Act. Where an affiliate’s proposed activity (including the solicitation of clients, the collection of application information, or the provision of product-specific explanations) falls within the definition of an intermediary service or representative activity, the affiliate may not be engaged unless and until it has obtained the appropriate authorisation, or until it has been appointed as a juristic representative of the Company under a written mandate that satisfies section 13 of the FAIS Act and the Fit and Proper Determination.

8.3 Affiliates are strictly forbidden from creating their own unapproved promotional materials. Affiliates must use only the pre-approved, compliant marketing assets supplied by the Company and operate strictly within the territorial, channel, and product scope of their written agreement.

8.4 The Compliance Department conducts routine audits of affiliate traffic sources, websites, social media channels, and lead quality. Any affiliate found violating this Policy, the FAIS Act, the GCC, or applicable consumer-protection legislation will be subject to immediate suspension and, where appropriate, termination, with recovery of commissions paid in respect of non-compliant activity.

8.5 A register of appointed affiliates — including classification, authorisation basis, territorial scope, and key terms — is maintained by the Compliance Department and made available on request to the FSCA.

9. APPROVAL WORKFLOW AND RECORD-KEEPING

9.1 Every new or materially amended marketing asset (including landing pages, funnel copy, ad creatives, scripts, video content, influencer briefs, and affiliate assets) must follow the sign-off protocol set out below. No asset may be published, distributed, boosted, or paid-promoted without documented approval from Compliance.

9.2 Approval workflow:

Stage 1 — Drafting: the Marketing Department conceptualises and drafts the asset.

Stage 2 — Legal/Compliance review: the asset is submitted to the Compliance Officer for a compliance review against this Policy and the GCC, including target-market fit, risk-warning adequacy, and disclosure accuracy.

Stage 3 — Key Individual sign-off: for higher-risk assets (including any asset making performance claims, any affiliate or influencer-driven content, and any material with broad reach or paid-media amplification), the Key Individual must record written approval.

Stage 4 — Go-live: assets may only go live after all required approvals are captured on the Marketing Approval Log.

Stage 5 — Archive: a date-stamped copy of the published asset (including linked landing pages and any dynamic variants) is archived.

9.3 The Company maintains the Marketing Approval Log and a comprehensive archive of published marketing materials, website iterations, and campaign assets for a minimum period of five (5) years, available for any FSCA, Information Regulator, or FAIS Ombud inspection.

10. TRAINING AND AWARENESS

10.1 All Personnel engaged in the creation, approval, or distribution of marketing must complete initial and at least annual refresher training on this Policy, covering FAIS advertising requirements, POPIA direct marketing, the ARB Code, and the Company’s Conflicts of Interest Policy.

10.2 Affiliates and outsourced marketing agencies must attest annually in writing that they have read and complied with this Policy and any associated codes of conduct.

11. BREACH AND ESCALATION

11.1 Any breach (actual, suspected, or imminent) of this Policy must be reported immediately to the Compliance Officer. Compliance will assess the materiality, record the breach on the Breach Register, implement corrective action, and, where required, notify the Key Individual, the Board, the FSCA, or the Information Regulator.

12. POLICY REVIEW AND GOVERNANCE

12.1 The Compliance Department will review this Policy at least annually, and promptly on any material change to the FAIS Act, the GCC, POPIA, the FMA, applicable FSCA Conduct Standards or advertising directives, the ARB Code or the Company’s business model.

12.2 Material amendments require adoption by the Board of Directors. Non-material, technical updates may be approved by the Key Individual on recommendation of the Compliance Officer and reported to the Board at the next meeting.