In this Privacy Notice:
- "we", "our" "us", or “PIMCO” means PIMCO Latin America Administradora de Carteiras Ltda.; and
- “PIMCO Group” means any PIMCO entity, including those entities which are based outside of Brazil.
For the purposes of data protection law, we are a data controller in respect of your personal data. We collect and use your personal data and where applicable this may include information related to your spouse/partner, dependents, directors, partners and owners (your “representatives”). PIMCO is responsible for ensuring that it uses your personal data in compliance with data protection law.
PIMCO considers customer privacy to be a fundamental aspect of its relationship with clients. PIMCO is committed to maintaining the confidentiality, integrity, and security of its current, prospective and former clients' personal data. PIMCO has developed policies that are designed to protect this confidentiality, while allowing client needs to be served.
This notice applies to any personal data we receive from you, create or obtain from other sources and explains how it will be used by us. It applies to personal data collected in connection with your use of this website or any PIMCO social media channels (we refer to both when we refer to “website” below). It also applies to other, offline data collection and interaction that you may have with us.
Please note that our website may link to third-party websites and third parties (including, for example, providers of external services like web traffic analysis services), over which we have no control and which will be subject to the provisions set out in those third parties’ privacy notices.
It is important that you take the time to read and understand this notice so that you understand how we will use your personal data and your rights in relation to your personal data.
Personal data that we collect from you
We will collect and use the following personal data about you and your representatives:
Information you give us:
- This is personal data about you and any other individuals (such as representatives or advisors) that you give us by filling in forms or by corresponding with us by phone, e-mail or otherwise. The information you give us may include, but is not limited to your and your representatives’ name, address, e-mail address and phone number, financial information, identification records (including your nationality), job title, and company you work for.
- You should ensure that in respect of any information you provide us with which does not relate to you (for example, information about your representatives), you have obtained their authorization in order to disclose such information.
Information we collect or generate about you and your representatives:
- We sometimes monitor email communications to resolve complaints, improve our service and in order to comply with our legal and regulatory requirements. The information we capture in this way may include your name, address, e-mail address and phone number, financial information, identification records (including your nationality), job title, company you work for, grievances and complaints.
- We generate data to improve our service and to manage, administer and take decisions about the accounts and holdings we provide. The information we capture in this way may include your name, address, e-mail address and phone number, financial information, identification records (including your nationality), job title, company you work for, and your business activities.
- In the course of operating our website, we may collect and process the following information about you as to provide our products and services:
- Information that you provide by filling in forms on our website. The personal data you provide in this way may include your full name, title, telephone number, email address, job title, and company you work for.
- Information about when you use our services. We use various technologies to collect and store information when you visit our website. We may, for example, collect information about the type of device you use to access the website, your IP address and your geographic location, the operating system and version, your browser type, the content you view and features you access on our website, the web pages and the search terms you enter on our website.
- Information when you report a problem with our website. The information we collect for this purpose may include your name, job title, company you work for, e-mail address, telephone number, inquiries and complaints.
Information we receive from other sources:
- Verifying your identity – We will use information provided by third parties (e.g. fraud prevention agencies) when verifying your identity and when carrying out anti money laundering checks. Such information may include your name, address, e-mail address, telephone number, job title, company you work for, your business activities, financial information, grievances and complaints, some details about any criminal convictions and any allegations regarding criminal activity that relate to you (to the extent that this is permissible under local laws), disciplinary action, identity card, passport, driving license details, utility bills and other proof of identification, when deemed necessary.
- Publicly available information - We may obtain information about you from publicly available databases, such as social media sites. The information we capture in this way may include your name, employer, email address and phone number.
- We may receive personal data from fund administrators as part of our oversight of their services.
How we use your personal data
Your personal data may be used by us in the following ways:
- to verify your identity as part of our client onboarding process; and/or
- in order to detect and prevent fraud and money laundering.
Products & Services:
- to ensure content from our website is presented in the most effective way for you and your computer;
- in order to manage and administer accounts and holdings we provide to our clients;
- in order to provide you with information, products or services you may request from us;
- to record and monitor your use of our website or our other online services for our business purposes which may include analysis of usage and measurement of site performance.
Legal bases pursuant to which we process your personal data
We process your personal data pursuant to the following legal bases:
- in order to perform our obligations under our contract with you;
- to comply with our legal and regulatory obligations;
- to establish, exercise or defend our legal rights and/or for the purpose of (or in connection with) legal proceedings;
- for PIMCO’s and your legitimate interest; and
- when you consent to the processing of your personal data, whenever we explicitly require your consent.
Sharing your personal data
As a matter of policy, PIMCO does not disclose any personal data provided by its clients or gathered by PIMCO to non-affiliated third parties, except as required or permitted by law or for PIMCO's everyday business purposes, such as to process transactions or service a client account. We may disclose your personal data within the PIMCO Group and to third party service providers, such as fund administrators, in the circumstances described below:
- to ensure the delivery of products or services to our clients;
- to ensure the safety and security of our data;
- to assess compliance with applicable laws, rules and regulations, and internal policies and procedures across our business; and
- for internal research and statistical analysis purposes.
We will take steps to ensure that the personal data is accessed only by personnel that have a need to do so for the purposes described in this notice.
We may also share your personal data outside of the PIMCO Group, for example, with regulators, third party services providers acting on behalf of PIMCO, and auditors:
- to any distributor, broker or introducer of an agreement with us;
- if we sell any of our business or assets, in which case we may disclose your personal data to the prospective buyer for due diligence purposes; and
- if we are acquired by a third party, in which case personal data held by us about you will be disclosed to the third party buyer.
These third parties will be subject to confidentiality requirements and they will only use your personal data as described in this privacy notice.
We may also share your personal data outside of the PIMCO Group to the extent required by law, for example if we are under a duty to disclose your personal data in order to comply with any legal obligation, and to establish, exercise or defend our legal rights.
Transfer of personal data outside Brazil
The information you provide to us will be transferred to and stored on our secure servers in Brazil. However, from time to time, your personal data may be transferred to, stored in, or accessed from a destination outside Brazil. It may also be processed by staff operating outside of Brazil who work for a company in the PIMCO Group or for one of our suppliers.
Where we transfer your personal data outside Brazil, we will ensure that it is protected in a manner that is consistent with how your personal data will be protected by us in Brazil. In case the country we transfer your personal data does not have an appropriate level of protection for personal data in accordance with supervisory authority determinations, we will ensure that the international transfer will be made pursuant to the international transfer mechanisms provided by law and/or regulations issued by the relevant authorities.
In all cases, however, we will ensure that any transfer of your personal data has an underpinning legal basis and is compliant with data protection law.
You can obtain more details of the protection given to your personal data when it is transferred outside Brazil by contacting us in accordance with the “Contact us” section below.
How long we keep your personal data
How long we hold your personal data for will vary. The retention period will be determined by various criteria including:
- our internal policies that dictate the period for which we hold personal data; and
- legal obligations – laws or regulation may set a minimum period for which we have to store your personal data.
We will not retain your personal data for longer than is necessary and we will hold it only for the purposes for which it was obtained or when we can rely on a legal basis provided by law. As soon as we no longer need your personal data for the purposes mentioned, we will delete the data from our systems, unless we are legally obliged to store it or we need to store it for exercise of rights.
You have a number of rights in relation to the personal data that we hold about you. These rights include:
- the right to request confirmation on the existence of processing related to your personal data;
- the right to access the personal data which we hold about you;
- where you have provided us your consent to process your personal data, the right to (i) withdraw your consent to our processing of your personal data at any time; and (ii) the right to request the elimination of the personal data processed with the consent of the data subjects, except in the cases provided by law. If you withdraw consent in specific cases, we may not be able to continue to provide you with some benefits or services;
- the right to request information on the possibility of not providing consent and the consequences of the denial;
- the right to portability;
- the right to request that we rectify your personal data if it is inaccurate, incomplete or outdated;
- the right to request that we erase, anonymize or block your personal data when such data is unnecessary, excessive or being processed in non-compliance with the law;
- the right to oppose the processing carried out based on one of the situations of waiver of consent, if there is non-compliance with the law;
- the right to request the review of any automated decision making (including profiling) in case we conduct it based on your personal data, which significantly affects you; and
- the right to request information about the public and private entities with which we have shared your personal data.
You can exercise your rights by contacting us using the details set out in the “Contact us” section below.
Changes to our privacy notice
We keep our privacy notice under regular review. Any changes we make to our privacy notice in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy notice.
PIMCO’s Data Protection Officer (DPO) may be reached by e-mail at the email address below. Please contact us if you have any questions about our privacy notice or personal data we hold about you by e-mail to: LatamPrivacy@pimco.com.