How we treat your data
This Privacy Policy describes how the independent legal entities operating under the Pinguino BPO commercial identity collect, use, protect, and share personal information in connection with their respective services and contractual responsibilities. Each entity acts in accordance with its applicable legal obligations and its role in the relevant processing activities. For the terms governing access to and use of our services, please see our Terms & Conditions.
1. Information We Collect
We collect information necessary to provide BPO, ad-tech management, and global payment routing services, including:
Personal Identifiers (e.g., full legal name, national ID/Cédula, passport, email, phone number)
Financial & Tax Identifiers (e.g., bank account numbers, ACH/routing codes, RUT, NIT, EIN, tax residency forms)
Business & Commercial Information (e.g., company name, corporate role, service agreements, payout ledgers)
Technical & Usage Data (e.g., IP address, browser type, device identifiers, site interaction data)
Verification & Compliance Data (e.g., biometric identity checks, AML/KYC verification records)
2. How We Use Information
We process personal information in accordance with applicable data protection laws and on appropriate legal grounds, including consent or authorization where required, the performance of contractual obligations, and compliance with applicable legal and regulatory requirements.
We use your information to:
Provide, operate, and improve our services
Respond to inquiries or customer support requests
Fulfill contractual obligations
Send operational or service-related updates
Comply with legal and regulatory requirements
Verify identities, business relationships, and payment instructions.
Prevent fraud, unauthorized transactions, and misuse of services.
Conduct appropriate compliance screening, transaction monitoring, and risk management.
3. Information Sharing, Disclosure & Commercial Confidentiality
We recognize the importance of protecting personal information, commercially sensitive data, and the proprietary business relationships entrusted to us.
We may share relevant information with affiliated entities, contracted service providers, financial institutions, payment partners, and professional advisers where reasonably necessary to deliver our services, facilitate transactions, fulfill contractual obligations, or meet applicable legal and regulatory requirements.
Compliance and Due Diligence
We cooperate with legitimate Know Your Customer (KYC), Know Your Business (KYB), Anti-Money Laundering (AML), and other applicable compliance procedures conducted by our authorized financial and operational partners.
Information shared for these purposes is evaluated according to the nature of the request, applicable legal and contractual obligations, and the principles of necessity, proportionality, confidentiality, and data minimization.
Where appropriate, commercially sensitive information may be provided through confidential documentation, limited disclosures, redacted records, or other reasonable verification methods, provided these satisfy the applicable compliance requirements.
Protection of Commercially Sensitive Information
Our proprietary commercial relationships, client and contractor networks, pricing arrangements, platform relationships, and operational methodologies may constitute confidential business information or protected trade secrets under applicable law, including Article 260 of Andean Community Decision 486.
We take reasonable measures to safeguard this information against unauthorized access, disclosure, or use.
Disclosure of commercially sensitive information to third parties is limited to legitimate operational, contractual, legal, regulatory, or compliance purposes, subject to applicable confidentiality safeguards.
Regulatory and Legal Disclosures
We may disclose information to competent governmental, judicial, supervisory, or regulatory authorities when required or permitted by applicable law.
We may also provide information to authorized financial institutions and payment service providers where necessary to satisfy applicable due diligence, transaction monitoring, risk management, or contractual compliance requirements.
We do not sell, rent, or trade personal information, nor do we disclose proprietary commercial information for unrelated marketing, competitive intelligence, or unauthorized commercial purposes.
Information may be shared under the following circumstances:
Intercompany and Collaborative Operations: With the independent legal entities participating in relevant contractual or commercial arrangements, including Pinguino Capital LLC, Pinguino Capital S.A.S., and 446 Interactive LLC, where necessary to fulfill legitimate operational, contractual, treasury, accounting, or compliance responsibilities.
Operational and Financial Service Providers: With authorized financial institutions, payment service providers, identity verification platforms, technology providers, cloud infrastructure operators, and other contracted service providers, where reasonably necessary to perform services, facilitate transactions, conduct due diligence, manage risk, or comply with applicable obligations.
Legal and Regulatory Authorities: With competent governmental, judicial, supervisory, tax, or regulatory authorities when required or otherwise permitted by applicable law.
Commercial Confidentiality and Trade Secrets: Proprietary client relationships, commercial arrangements, platform relationships, and other protected business information remain subject to applicable confidentiality obligations and trade secret protections, including Article 260 of Andean Community Decision 486. Disclosures shall be limited to legitimate purposes and subject to reasonable confidentiality and data-minimization safeguards.
All information sharing shall be conducted in accordance with applicable data protection laws, contractual obligations, and the legitimate purposes described in this Privacy Policy.
4. Data Security
We implement appropriate technical and organizational measures to protect your personal information from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet is 100% secure.
5. Data Retention
We retain personal and commercial information only for as long as reasonably necessary to fulfill the purposes described in this policy, maintain appropriate business records, resolve disputes, and comply with applicable legal, tax, accounting, and regulatory obligations.
Retention periods may vary depending on the type of information, the services provided, and applicable jurisdictional requirements. Once information is no longer required, we take reasonable steps to securely delete, anonymize, or otherwise dispose of it, subject to applicable legal retention obligations.
6. International Transfers
In providing international business process outsourcing, operational coordination, and payment orchestration services, personal information may be accessed, processed, or stored across jurisdictions, including the United States, Colombia, and countries where our authorized service providers operate.
We implement appropriate contractual, technical, and organizational safeguards for international data transfers and transmissions, consistent with applicable data protection requirements.
Where required, such activities are subject to appropriate authorization, contractual arrangements, or other lawful transfer mechanisms.
7. Your Rights & Statutory Framework
To exercise applicable data protection rights, individuals may contact legal@pinguinobpo.com with sufficient information to identify themselves and describe their request.
Requests will be reviewed and addressed by the responsible entity within the timeframes established by applicable law. Certain requests may be subject to limitations where information must be retained to satisfy legal, contractual, regulatory, or legitimate recordkeeping obligations.
International Users: You may request access to, correction of, restriction of, or deletion of your personal data by contacting legal@pinguinobpo.com.
Colombian Residents (Ley 1581 de 2012): In accordance with Statutory Law 1581 of 2012 and Decree 1377 of 2013 (Habeas Data), data subjects in Colombia hold the rights to:
Access, know, update, and rectify their personal data processed by Pingüino Capital S.A.S.
Request proof of authorization granted for data processing.
Revoke authorization or request data deletion when processing does not respect constitutional and legal principles.
File complaints with the Superintendencia de Industria y Comercio (SIC) for violations of data protection regulations.
8. Cookies and Tracking
Our site may use cookies and similar technologies to improve user experience, analyze traffic, and personalize content. You can modify your browser settings to manage cookie preferences.
9. Third-Party Links
Our website may include links to third-party websites or platforms. We are not responsible for their privacy practices or content. We encourage you to read their privacy policies before providing personal information.
10. Changes to This Policy
We may update this Privacy Policy periodically to reflect changes in our services, operational practices, or applicable legal requirements. The most recent version will be published on this website with its effective date. Where required by law, we will provide additional notice or obtain appropriate authorization for material changes.
11: Contact Information
If you have questions about this Privacy Policy or our handling of personal information, please contact us at legal@pinguinobpo.com or write to us at either of the following addresses:
Pinguino Capital LLC
1680 Michigan Avenue, Suite 700
Miami Beach, FL 33139
Pinguino Capital SAS
Calle 17A Sur #44-170, Oficina 102
Medellin, Colombia 050022