Terms of Service & Privacy Policy
Below are the Terms of Service and Privacy Policy for AmericasGrowth Smart Fund (“AmericasGrowth”, “the Fund”, “we”, “us”, or “our”).
Part 1: Terms of Service
Last Updated: [Dec 2025]
1. Acceptance of Terms
By accessing or using the website americasgrowth-bahamas (the “Site”) or any investor portal associated with AmericasGrowth, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not access or use the Site.
2. Regulatory & Fund Structure
AmericasGrowth is established as a Smart Fund in the Commonwealth of The Bahamas pursuant to the Investment Funds Act, 2019 (as amended) and regulated under the oversight of the Securities Commission of The Bahamas (SCB).
Eligible Investors Only: Access to investment opportunities in the Fund is strictly restricted to Qualified Investors, Accredited Investors, or Eligible Investors as defined under Bahamian law and the Fund’s Offering Memorandum / Constitutive Documents.
No Public Offering: Nothing on this Site constitutes a public offer, solicitation, or invitation to subscribe for shares or units in any jurisdiction where such offer or solicitation would be unlawful.
3. No Financial, Legal, or Tax Advice
The contents of this Site are provided for general informational purposes only and do not constitute financial, investment, legal, or tax advice. Prospective investors must rely on their own examination of the Fund’s official Offering Memorandum, Subscription Agreement, and independent professional advice before making any investment decision.
4. Investment Risks
Investments in Smart Funds involve substantial risk, including the possible loss of the entire principal amount invested. Past performance is no guarantee of future results. Returns are not guaranteed, and the value of investments may fluctuate.
5. Intellectual Property
All content, trademarks, logos, and materials available on this Site are the property of AmericasGrowth or its licensors and are protected by applicable intellectual property laws. Unauthorized reproduction or distribution is strictly prohibited.
6. Limitation of Liability
To the maximum extent permitted by law, AmericasGrowth, its directors, officers, employees, administrators, and agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, use of, or inability to use this Site or its content.
7. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of The Bahamas. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of The Bahamas.
Part 2: Privacy Policy
Last Updated: [Date]
1. Scope and Overview
AmericasGrowth respects your privacy and is committed to protecting your personal data in compliance with the Data Protection (Privacy of Information) Act of The Bahamas and relevant international standards applicable to financial institutions.
2. Information We Collect
We collect personal information necessary to operate our Smart Fund, fulfill legal and regulatory obligations, and manage investor relationships:
Identity & Contact Data: Full name, nationality, date of birth, residential address, email address, phone number, government-issued IDs, and passport details.
Financial & Investor Profile Data: Source of wealth, accredited investor verification status, bank account details, investment history, and tax residency status (including FATCA/CRS declarations).
Technical & Usage Data: IP address, browser type, device information, and interaction data via cookies when navigating our Site or investor portal.
3. How We Use Your Information
We process your personal data for the following purposes:
Regulatory Compliance: To perform Know Your Customer (KYC), Anti-Money Laundering (AML), and Counter-Financing of Terrorism (CFT) verifications as required by Bahamian law.
Fund Administration: To process subscription agreements, redemptions, dividend distributions, and communicate investor reports.
Tax Reporting: To comply with automatic exchange of information regimes, such as the Foreign Account Tax Compliance Act (FATCA) and the Common Reporting Standard (CRS).
Site Operation & Security: To maintain the security, integrity, and operational performance of our digital infrastructure.
4. Data Sharing and Transfers
We do not sell your personal data. We may share your information only with trusted third parties under strict confidentiality agreements, including:
Licensed Fund Administrators, Custodians, Auditors, and Legal Counsel in The Bahamas or designated operating jurisdictions.
Regulatory authorities, law enforcement agencies, or tax authorities (e.g., the Ministry of Finance / Competent Authority of The Bahamas) as required by mandatory legal obligations.
5. Data Security & Retention
We implement robust administrative, technical, and physical safeguards designed to protect your personal data from unauthorized access, alteration, disclosure, or destruction. We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, or as mandated by Bahamian statutory retention periods for financial records (typically a minimum of 5 to 7 years post-relationship).
6. Your Rights
Subject to applicable law, you may have the right to request access to, correction of, or erasure of your personal data held by us, or to object to certain processing activities. To exercise these rights, please contact our Compliance Department at the email address provided below.
7. Contact Information
If you have any questions regarding these Terms of Service or Privacy Policy, please contact us:
Entity: AmericasGrowth Smart Fund
Compliance Officer Email:
compliance@americasgrowth-bahamas.comRegistered Address: [Insert Registered Address in The Bahamas, e.g., Nassau, Bahamas]