This data privacy, use and retention notice (the “Privacy Notice”) applies to all personal information collection and processing activities carried out by Girasol Payment Solutions B.V., Girasol Payment Solutions LLC and the Girasol group and any subsidiary related to or under Girasol, hereinafter: “Girasol”. Girasol is a data controller in respect of personal information that we process in connection with our business (including the products and services that we provide through the Girasol website, app or any other channel directly or indirectly to users). In this notice, references to “we”, “us” or “our” are references to Girasol. Different Girasol companies may control and process your data depending on where you are ordinarily resident. The Girasol company that provides you with access to the Girasol Services and your Girasol Profile, as identified in the Girasol General Terms of Service the Girasol company directly responsible for handling your personal data.
Our privacy email address for all Girasol companies is info@girasol.cw. We respect individuals’ rights to privacy and to the protection of personal information. The purpose of this Privacy Notice is to explain how we collect and use personal information in connection with our business. “Personal information” means information about a living individual who can be identified from that information (either by itself or when it is combined with other information). We may update our Privacy Notice from time to time. When we do we will communicate any changes to you and publish the updated Privacy Notice on our website. We would encourage you to visit our website regularly to stay informed of the purposes for which we process your information and your rights to control how we process it.
All partners and third party services providers that offer Girasol products directly or indirectly must have their own Data Privacy Policy in place and must adhere to Girasol’s own Data Privacy Policy rules and procedures in order to work with us.
Girasol operates and manage a platform - application and web portal which is available via download on your mobile device or directly in any PC, hereinafter "App", that provides a variety of services including:
Hereinafter the "Girasol Services”.
The Girasol Services are intended to facilitate the access to financial services to the Girasol user through the App in compliance with all local laws and regulations.
The Girasol Services are not intended to be and does not constitute financial advice or any other advice. They are general in nature and not specific to you. It is not an offer to buy or sell or a solicitation of an offer to buy or sell any security, product, service, or investment, nor is it a recommendation, endorsement or sponsorship of any security, company or fund.
You should assess carefully whether your financial situation and tolerance for risk is suitable for you undertake using the Girasol Services, and you are responsible for conducting your own research before carrying out any transactions through the Girasol Service.
Girasol doesn’t offer any credit, loans or debt products to any of its users.
Girasol might add additional services to the current Girasol Services without prior notice to its Girasol users.
Girasol is authorized with the Central Bank of Curaçao and St. Maarten as an Electronic Money Institution (EMI) and Payment Service Provider (PSP) with registration number 140417. Additional information about Girasol’s license can be found here.
Girasol is a Mastercard International Principal Member licensee to conduct Issuing and Acquiring activities. Additional Girasol is a Visa International Principal Membership licensee to conduct Acquiring activities. Girasol is subject to all rules, standards, brand guidelines and limitations imposed by its licensors.
In order to access and use the Girasol Service, you will be required to complete an onboarding process to create an account, hereinafter “Girasol Profile” by providing the following information:
Full Legal Name
All users are required to verify personal identity through a Know Your Customer (KYC) process where you will provide:
All the data collected during the onboarding process and the handle of it is done following our Data Privacy Policy, that you can find here.
After providing all necessary documentation and successfully passing all verifications you will be able to create a Girasol Profile that will grant them access to all Girasol Service.
Your Girasol Profile allows you to access via the App to an account and a multicurrency account (your "Girasol Accounts") and to view the transactions, deposits, purchases and others you make through your Girasol Account. You can deposit funds into your Girasol Accounts using the applicable functionality on the Girasol Service. Your Girasol Accounts will allow you to do account creation, account manage, load money and account controls all via the App.
The funds of your Girasol Accounts will be securely held in Girasol’s central bank account and backed by the central bank of Curaçao or at any of our corresponding banking relationship in The US and Puerto Rico.
The Girasol Account will only be associated to one person and who must be the end user of the Girasol Services. It’s your responsibility the usage and management of the Girasol Account.
Your Girasol Accounts comes with a Mastercard Debit Card (the "Girasol Card") to use in combination with your Girasol Accounts that will allow you to make purchases online, in person or anywhere where Mastercard is accepted. The balances of your Girasol Accounts will be directly link to your Girasol Card balance.
Your use of the Girasol Card is subject to the Mastercard cardholder agreement, rules and regulations. The Girasol Card will allow you to use a Mastercard Debit Card, Mastercard Debit Card Management tools and Mastercard benefits and promotions.
You must meet the following criteria in order to create a Girasol Profile:
We take our anti-money laundering (AML) and know your customer (KYC) policies very seriously, and we monitor our platform for suspicious activity. You must comply with all requests to verify your identity, address, source of funds, and other information as we may require.
We will require users to provide valid government-issued proof of identity documents and may ask for proof of address documents issued in the last six months, when required by the Girasol AML team. Where we cannot verify your identity or the validity of your documents, you will be refused a Girasol Profile. If you appear on any governmental or inter-governmental sanctions list such as- OFAC, FBI, UN, among others you will be refused a Girasol Profile.
Girasol is an authorized Payment Service Provider (‘PSP’), which means we must create a dedicated interface, ie., an open banking interface, to be able to provide relevant access to allow third parties to initiate payments and access account information.
Open banking is a secure service which lets you see all of your accounts in one place (regardless of where you hold that account). It can also allow other providers to access your financial information, as well as allowing third parties to initiate payments from those accounts.
As an PSP, you can view and access your Girasol Accounts, as well as initiate payments, via other providers which caters for this service (‘Open Banking Providers’ and/or ‘Third Party Providers’, collectively the ‘Providers’). Before you make use of the services of these Providers however, you should:
Check whether these Providers are authorized by the authorities to provide these services to you.
Once you are happy that the Providers are authorized as above, you will then need to give your authority to them in order for them to be able to access your Girasol Accounts information, as well as make payments from your Girasol Accounts on your behalf.
These Terms and Conditions still apply regardless of whether you are accessing and/or initiating payment from your Girasol Accounts via the App, or via other Providers.
There may be circumstances in which we, after reasonable consideration, feel that we may have to block other Providers’ access to your Girasol Accounts (such as in instances, where there may be fraud and that institution does not have the authorization, they need to operate as a Provider, or changes in the legal/regulatory landscape requires us to do so). As soon as we receive a valid explanation as to why the block should be lifted (ie., that Provider has provided evidence of its regulatory compliance), then your Girasol Accounts will be unblocked as soon as possible. In addition to having the right to give consent to other Providers to access your Girasol Accounts, you also have the right to block any access that a Provider has over your Girasol Accounts, and you should contact us immediately if you suspect that a Provider is accessing your account information and making payments on your behalf without first seeking authorization from you.
Whenever you consent to and give authority to Providers to make use of their service, we will be obliged to share your Girasol Accounts information to them. How we share your information for these and other purposes is set out in our Data Privacy Policy.
It is extremely important for you to keep your Girasol Profile secure at all times. You are responsible for all transactions initiated through your Girasol Profile. Unauthorized use of your Girasol Profile may have serious consequences for you, including financial consequences. Ultimately, it is your responsibility to keep your Girasol Profile secure by engaging in the following practices:
If you believe your App, Girasol Card, or the login details for your Girasol Profile have been lost, stolen, or accessed without authorization, you must contact us immediately at info@girasol.cw.
Girasol will not be responsible for any financial losses incurred due to unauthorized access of your Girasol Services.
You must not use the Girasol Service for any of the following:
If you breach these Terms in any manner we may, in our sole discretion, take the following actions:
You may close your Girasol Profile and Girasol Accounts at any time with us for any reason by contacting us. However, you may not close your Girasol Profile or Girasol Accounts while Girasol is investigating your use of the Girasol Service, or while you have a remaining balance on your Girasol Accounts. Even if your Girasol Profile is closed, you will remain liable for any actions taken through your Girasol Profile prior to closure. Nothing in this clause affects any legal rights you may have under Curaçao law.
We may end or suspend your use of the Girasol Service without notice to you, at any time, and with immediate effect in the following circumstances:
We exclude all liability for any losses incurred where we have suspended an account in accordance with this clause. Girasol is not required and may be prohibited by law to provide any further information regarding your account closure or suspension.
We may also terminate your Girasol Profile and your use of the Girasol Service at any time by giving you 2 months' notice.
We’ll get in touch with you through the Girasol Service or the email address you provide on your Girasol Profile. Please make sure to keep this updated with an email address you check regularly. You should also check your transaction history regularly and let us know of any errors or unauthorized transactions. All communications will be made in English.
If you need any help or want to make a comment or complaint, please contact our customer service at info@girasol.cw We aim to resolve all enquiries within two weeks.
Copies of these Terms are available upon request and on our Website.
We will respond to all complaints within 15 business days of receipt, except in exceptional circumstances beyond our control. If we are not able to respond within 15 business days due to unforeseen circumstances (for instance, we were unable to receive the complaint), once the complaint has been acknowledged by a member of the Girasol customer support team, we will endeavor to provide a response to you within 35 business days of receiving your complaint.
All intellectual property rights in the Girasol Service, and all content and logos are owned by or licensed to Girasol. You may not copy, imitate, or use any of this intellectual property without our prior written consent. Nothing in these Terms grants you any intellectual property rights in the Girasol Service, other than the right to use the Girasol Service in accordance with these Terms.
Your right to use the Girasol Service is personal to you and you are not allowed to give this right to any other person. Your right to use the Girasol Service does not stop us from giving other people the right to use the Girasol Service.
We may make changes to our Terms and policies from time to time. Where possible, we will notify once the changes have been made via email. If you do not agree to the changes, you must stop using our services before the planned commencement date of the new changes. Continuing to use the Girasol Service means that you accept our new changes. Certain changes may occur immediately and without notice. This may happen when we are required to make changes by law, or where we make minor changes to these Terms that do not impact your rights and remedies or our obligations. When such changes occur, we will notify you as soon as reasonably practicable.
The Girasol Service allows you to purchase services and products, and provides you with content and information that are owned or developed by third parties, or that operate on or are supported by third party networks. As we do not have any control over these services or products that you purchase, or content you view using the Girasol Service, we are not responsible for them in any way.
While we do our best to ensure that the features and functionalities of the Girasol Service are of a reasonably satisfactory standard and are available to you all of the time, certain features may rely on networks and connections that are beyond our control. Due to the nature of the Internet and technology, the Girasol Service is therefore provided on an “as is” and “as available” basis. As such, we cannot guarantee that the Girasol Service won’t be interrupted, or that you will not experience delays, failures or errors when using the Girasol Service. We also give no guarantee as to the fitness for purpose of the Girasol Service for your specific needs. To the extent we are able to do so, we exclude any commitments that may be implied by law.
For any claim, our responsibility to you will be limited to any amounts you have paid us in the 12 months preceding your claim. If you have not paid us anything, we shall not be responsible to you for any claim arising out of the provision of the Girasol Service.
In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable, or that is caused by a failure by you to comply with these Terms.
Sometimes we might be entitled to be compensated by you, for instance due to a technical error in your favour, when you have a negative balance on your account, or when you use the Girasol Service in such a way that violates the Terms. In such cases, we shall be entitled to recover any sum due to us by retaining some or all of your available funds or balances that you have stored in your Girasol Accounts through the Girasol Service, regardless of what currency hose balances are held in.
Where necessary, we will convert currencies at the applicable exchange rate.
You are responsible for:
You are also responsible for keeping a copy of any information you upload to the Girasol Service or that is accessible through your Girasol Profile. We will not offer you compensation for any losses you might suffer as a result of any information that you access on the Girasol Service being deleted, or your access to such information being terminated or suspended if you or we terminate or suspend your use of the Girasol Service.
In the event that you need to access a deceased’s Girasol Profile, please contact us. We may ask you for supporting documentation, such as a death certificate, probate documents, or other documents proving you have the right to administer the deceased’s estate.
We do not provide any type of investment advice. We may provide information concerning types of currencies, prices, and events that may have influenced prices, all of which should not be considered investment advice. If you require investment advice you should contact a financial advisor. You are solely responsible for how you use our services and the financial results of your actions.
Curaçao law will apply to all disputes and the interpretation of these Terms. The Curaçao courts will have exclusive jurisdiction over any dispute arising from or related to your use of the Girasol Service. You agree to raise a complaint with us and follow the steps outlined in Section 21 before any dispute may be raised in a court of law.
No third-party rights are created in these Terms. Only you, as the holder of the Girasol Profile will have any rights to enforce these Terms. You cannot assign or transfer any of your rights under these Terms to someone else.
Where we do not enforce our rights under these Terms, we do not waive our rights. We may transfer or assign our rights under these Terms at any time.
Unless stated otherwise in these Terms, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the extent possible.
Prohibited Articles and Transactions means: (1) drug paraphernalia or narcotics, steroids, certain controlled
substances or other products that present a risk to consumer safety, (2) stolen goods including digital and virtual goods or which encourage, promote, facilitate or instruct others to engage in illegal activity (3) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (4) items that are considered obscene, (5) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under Applicable Laws, (6) ammunition, firearms, certain firearm parts or accessories, or certain weapons or knives
regulated or prohibited under Applicable Laws; (7) are associated with purchases of annuities or lottery contracts, lay-away systems, offshore banking or transactions to finance or refinance debts funded by a credit card, (8) are for the sale of certain items before the seller has control or possession of the item, (9) are by payment processors to
collect payments on behalf of merchants, (10) are associated with the sale of traveller's checks, money orders, money transfers, MoneySend Intracountry, MoneySend Intercountry or MoneySend Funding, (11) involve certain credit or debt settlement services, credit transactions or insurance activities, (12) involve offering or receiving payments for the purpose of bribery or corruption; (13) involve gambling activities; (14) are associated with direct marketing services, (15) massage parlours, (16) timeshares; or (17) chemicals and allied products not elsewhere classified.
Prohibited Countries means any of the following: Afghanistan, Democratic People’s Republic of Korea, Democratic Republic of Congo, Eritrea, Libya, Somalia, South Sudan, Sudan, Yemen, Iran, Iraq, Cuba, Syria, Mali, Central African Republic, Guinea-Bissau, Lebanon or any other country which (or with any other persons who) is sanctioned by the United Nations Security Council, or under applicable laws of your country of residence.
