Disclaimer, Privacy & Cookie Statement 

Last updated on January 1, 2019

The following conditions apply to the use of the website www.dctaxlegal.com (hereinafter: website) of DCTL. By perusing the website and using the information contained therein, the user agrees to these conditions. In the case of inconsistencies between the specific conditions of products and services and these conditions, the conditions of the products and services prevail.

A. Disclaimer

Available information

The information on this website is solely intended as general information. The information on the website is not intended as a substitute for tax advice or other professional advice. Anyone making use of the information provided without verification or further advice does so at their own expense and risk. DCTL may at any time change the information and data on the website (including this disclaimer) without prior announcement. It is advisable to regularly check whether the information provided on the website, including the disclaimer, has been modified in order to keep abreast of any changes.

Use of the website

The user of the website is only permitted to store, print, analyze and (partially) copy the data and information on the website for personal use. The user of the website is not permitted to disclose, distribute or modify information provided on the website or in any way make it available to third parties, without the prior written consent of DCTL. DCTL reserves all rights, including all registered intellectual property rights, as well as the rights to all unregistered trademarks, copyrights, texts, logos and all the graphics, with respect to the information and services presented on the website. The website is aimed at users in the Dutch Caribbean and in Suriname. Individuals who wish to access the website outside the Netherlands or want to make use of the information on the website must determine for themselves whether and to what extent access to and use of the website and related services is permitted. Without the prior written consent of DCTL, it is not permitted to include links to the website on third-party websites.

Exclusion of liability

DCTL does not guarantee the availability, access and use of the website. Although DCTL strives to provide up-to-date, accurate and complete information, DCTL does not guarantee that the information provided on the website is up-to-date, accurate and complete. The user accepts that access to and use of the website, as well as the use of the information provided on the website, is completely at the user’s own risk.

DCTL has no control over and is not responsible for third-party websites that contain links to the website, or for the content of those websites. The website contains links and access to other websites maintained by third parties. DCTL assumes no responsibility for the content of such third-party websites, nor for the quality of services and information provided on these third-party websites.

DCTL in no way guarantees the security of the website, and in particular the possibility or impossibility of unauthorized third parties gaining access to data entered by the user by means of the website and intercepting and/or manipulating this data. If information is also provided in writing via the website, the written version prevails in the case of textual differences.

DCTL does not guarantee that emails or other electronic messages that are sent to its address will be promptly received and processed, and assumes no liability for the consequences of failure or delay in the receipt or processing thereof.

DCTL accepts no liability for damages, costs, payments or lost income resulting directly or indirectly from the fact that the information on the website has not been kept up-to-date, improved, updated or deleted, from the lack of maintenance or inadequate maintenance of the website, from the provision of the website to the user or use of the website by the user or third parties, from the access of other websites via the website, or from the functioning or malfunctioning of the equipment, software and/or networks used in connection with access to or use of the website. This exclusion of liability also extends to directors, partners and employees of DCTL.

Applicable law

This website and all information provided on this website (including this disclaimer) is governed by Curacao law. The Curacao courts have exclusive jurisdiction to adjudicate disputes that arise in connection with the website and the information contained therein.

B. Privacy

DCTL is dedicated to protecting the confidentiality and privacy of information entrusted to it. As part of this fundamental obligation, DCTL is committed to the appropriate protection and use of personal information (sometimes referred to as personal data) that has been collected online.

DCTL could at some point in time proceed to the collection and processing of data about clients and visitors of this website for the benefit of its business operations, to draw attention to and provide products and services that may be of interest to you, as well as to develop web statistics. The information you provide will be used to contact you if necessary, for example to inform you about functional changes to the website or to offer you services which you may find helpful (unless you have indicated that you do not wish to receive any offers of products and/or services).

Generally, our intent is to collect only the personal information that is provided voluntarily by online visitors so that we can offer information and/or services to those individuals or offer information about employment opportunities. Please review this Privacy Statement ("Privacy Statement") to learn more about how we collect, use, share and protect the personal data that we have obtained.

1. Collection and use of personal data

We obtain personal information about you if you choose to provide it — for example, to contact mailboxes or to register for certain services. Your Personal data is not used for other purposes, than the purposes for which you have provided the information to us, unless we obtain your permission, or unless otherwise required or permitted by law, professional standards or quality rules, or in case required to improve the quality of our services. For example, if you send us an email message requesting information about DCTL, we will use your email address and other information you supply to respond to your request. If you send us a resume or curriculum vitae (CV) to apply online for a position with DCTL, we will use the information that you provide to match you with available DCTL job opportunities.

In some cases where you have registered for certain services we may store your email address temporarily until we receive confirmation of the information you provided via an email (i.e. where we send an email to the email address provided as part of your registration to confirm a subscription request). DCTL generally collects only the personal information necessary to fulfill your request. Where additional, optional information is sought, you will be notified of this at the point of collection.

When we process your personal information, we will rely on one of the following processing conditions:

* Performance of a contract: this is when the processing of your personal information is necessary in order to perform our obligations under a contract;

* Legal obligation: this is when we are required to process your personal information in order to comply with a legal obligation, such as keeping records for tax purposes or providing information to a public body or law enforcement agency;

* Legitimate interests: we may process information about you where it is in our legitimate interest in running a lawful business to do so in order to further that business, so long as it doesn’t outweigh your interests; or

* Your consent: we may occasionally ask you for specific permission to process some of your personal information, and we will only process your personal information in this way if you agree to us doing so. You may withdraw your consent at any time by contacting DCTL at info@dctaxlegal.com

DCTL only collects "sensitive" personal information when the relevant individuals voluntarily provide us with this information or where such information is required or permitted to be collected by law or professional standards. Sensitive information includes personal information regarding a person’s race, ethnicity, political beliefs, trade union membership, religious or similar beliefs, physical or mental health, sexual life or criminal record. Please use your discretion when providing sensitive information to DCTL, and under any circumstances, do not provide sensitive information to DCTL, unless you thereby consent to DCTL's use of that information for its legitimate business purposes and consent to the transfer and storage of such information to and in DCTL databases. If you have any questions about whether the provision of sensitive information to DCTL is, or may be, necessary or appropriate for particular purposes, please contact DCTL at info@dctaxlegal.com

Your personal data will not be used for any purpose other than the purpose for which you have provided the information to us, unless we have obtained your permission or if this is otherwise required or permitted by law, professional standard or quality rules, or to optimize the quality of our services.

2. Sharing and transfer of personal data

We do not share personal information with unaffiliated third parties, except as necessary for our legitimate professional and business needs, to carry out your requests, and/or as required or permitted by law or professional standards. This would include:

* Our service providers: DCTL work with reputable partners, service providers or agencies so they can process your personal information on our behalf. DCTL will only transfer personal information to them when they meet our strict standards on the processing of data and security. We only share personal information that allows them to provide their services.

* If we are reorganized or sold to another organization: DCTL may also disclose personal information in connection with the sale, assignment, or other transfer of the business of the site to which the data relates.

* Courts, tribunals, law enforcement or regulatory bodies: DCTL may disclose personal information in order to respond to requests of courts, tribunals, government or law enforcement agencies or where it is necessary or prudent to comply with applicable laws, court or tribunal orders or rules, or government regulations.

* Audits: disclosures of personal information may also be needed for data privacy or security audits and/or to investigate or respond to a complaint or security threat.

In some instances, DCTL may share personal data about you with various outside companies or service providers or vendors working on our behalf to help fulfill your requests.

In addition, DCTL may transfer certain personal data across geographical borders to other DCTL member firms or outside companies working with us or on our behalf. DCTL may also store personal data in a jurisdiction other than where you are based. Personal data transfer by DCTL are in accordance with the Data Protection Act.

DCTL may also disclose personal in order to respond to requests of government or law enforcement agencies or where this is required by applicable laws, court orders, or government regulations. These disclosures may also be needed for data privacy or security audits and/or to investigate or respond to a complaint or security threat.

DCTL does not sell personal data to any third parties. Also, DCTL will not transfer the personal data you provide to any third parties for their own direct marketing use.

3. Your rights

If you have submitted personal information to DCTL, you have the following rights:

* Access and correction: you have the right to access to that data. This is sometimes called a ‘Subject Access Request’. If we agree that we are obliged to provide personal information to you, we will provide it to you free of charge. Before providing personal information to you, we may ask for proof of identity and sufficient information about your interactions with us that we can locate your personal information. If the information we hold about you is incorrect, you may ask us to correct any inaccuracies in the personal information.

* Object to processing: you have the right to object to us processing your personal information if we are not entitled to use it any more, to have your information deleted if we are keeping it too long or have its processing restricted in certain circumstances.

* Data Portability” you have the right to receive the personal data concerning you, which you have previously provided to us to transmit that data to you or to another controller.

You can make a request or exercise these rights by contacting info@dctaxlegal.com and we will make all reasonable and practical efforts to comply with your request, so long as it is consistent with applicable law and professional standards.

4. Changes to this privacy statement

DCTL may modify this Privacy Statement from time to time to reflect our current privacy practices. When we make changes to this statement, we will revise the “updated” date at the top of this page. We encourage you to periodically review this Privacy Statement to be informed about how DCTL is protecting your information.

5. Policy questions and enforcement

DCTL is committed to protecting the online privacy of your personal information. If you have questions or comments about our administration of your personally identifiable information, please contact us at info@dctaxlegal.com. You may also use this address to communicate any concerns you may have regarding compliance with our Privacy Statement.

In any event, you always have the right to lodge a complaint with the Data Protection Authority from the island or country where the office of DCTL in question is located.

C. Cookies

DCTL uses Cookies.

Our website makes use of cookies which are placed on your computer, as part of the Analytics service. This service allows us to monitor our website traffic and provides us with reports on how users arrive at and use our website. 

Analytical cookies
These cookies are necessary to permanently connect our websites to the wishes of our users by identifying in an anonymized way how users use our websites. Given the small impact of these cookies on your privacy, no permission is required for the use of these cookies. These analytical cookies also include cookies that are placed and read by third parties on behalf of SIM, such as Matomo.

The information gathered by the tool is made anonymous as much as possible. Your IP address will definitely not be provided. This means that the level of privacy protection is appropriate for the processing of personal data.

Please note that you alone can delete cookies as they are stored on your computer. Please consult the manual of your browser for information on this.

D. Changes to Disclaimer, Privacy & Cookie Statement

DCTL retains the right to make changes to this Privacy & Cookie Statement. It is advisable to regularly consult this Privacy & Cookie Statement in order to be aware of these changes.

*Throughout this document, “DCTL” [“we,” “our,” and “us”] refers to DCTL, a Curaçao association of limited liability companies.

All rights reserved.