Privacy Statement
SMART Trust Services B.V.
At SMART Trust B.V., a Corporate Service Provider incorporated and operating under the laws of Curaçao, we take your privacy and the protection of your personal information seriously. This Privacy Statement explains what data we collect, the legal basis for processing, how we use and protect it, and your rights under applicable Curaçao law, including the National Ordinance on the Supervision of Trust Service Providers.
- What data do we collect?
As part of our obligations as a licensed Corporate Service Provider, we may collect and process the following categories of information:
- Personal identification data: Name, date of birth, nationality, residential address, contact details.
- Identification documents: Passport, sedula, or other government-issued ID.
- Corporate and business information: Company incorporation documents, shareholder registers, ultimate beneficial owner (UBO) information, and Chamber of Commerce records.
- Financial information: Bank details, invoices, tax filings, and other financial records.
- Compliance-related information: Information obtained through customer due diligence (CDD), know-your-client (KYC) procedures, and risk assessments, as required by Curaçao laws and regulations.
- Why do we collect this information?
We collect and process personal data in order to:
- Provide corporate and fiduciary services in accordance with our service agreements.
- Comply with Curaçao laws and regulations, including AML/CFT requirements, tax legislation, and supervision by the Central Bank of Curaçao and Sint Maarten (CBCS).
- Submit statutory filings with the Curaçao Chamber of Commerce, Tax Department, or other competent authorities.
- Perform customer due diligence and ongoing compliance monitoring under the National Ordinance on the Supervision of Trust Service Providers.
- Communicate with you regarding your company, file, or service relationship.
- Legal basis for processing
We process your personal data based on:
- Legal obligation: To comply with Curaçao corporate, tax, and AML/CFT legislation.
- Contractual necessity: To perform our services under an engagement agreement.
- Legitimate interest: To ensure proper administration and risk management of our services.
- Consent: In limited cases, where you have explicitly provided consent for specific processing activities.
- How do we store and protect your data?
- Your data is stored securely, either in protected cloud environments or, where applicable, in locked physical files.
- Access to personal data is restricted to authorized employees and service providers under confidentiality obligations.
- We apply technical and organizational measures such as encryption, passwords, and security software to protect against unauthorized access, alteration, or disclosure.
- Data retention
We retain personal data only as long as legally required, which may include:
- At least 10 years for records maintained under the National Ordinance on the Supervision of Trust Service Providers and AML/CFT laws.
- At least 7 years for accounting, tax, and financial records, in accordance with Curaçao tax legislation.
- Sharing of data
We may share your data only in the following circumstances:
- With regulatory and government authorities (such as the CBCS, FIU, Tax Department, or Chamber of Commerce) when legally required.
- With trusted service providers (e.g., IT, compliance, or accounting systems) under strict confidentiality agreements.
- With banks, auditors, or legal advisors, if necessary to perform services on your behalf.
We will never sell your personal data to third parties.
- Your rights
Subject to applicable Curaçao law, you have the right to:
- Request access to your personal data.
- Request correction of any inaccurate or incomplete data.
- Request restriction or deletion, provided it does not conflict with our legal obligations.
- Object to the processing of your data in certain cases.
To exercise your rights, please contact us using the details below. We may need to verify your identity before processing your request.