KPMG in Bermuda - Notice of Processing
KPMG in Bermuda - Notice of Processing
Last Updated - January 11, 2021
KPMG Holdings (Bermuda) Limited is the Bermuda member firm of KPMG International Cooperative (“KPMG International”), a private English company limited by guarantee. KPMG International provides no client services. KPMG is committed to protecting the privacy of your personal information. If you have questions or comments about our administration of your personal data, please contact us at email@example.com.
KPMG in Bermuda (“KPMG”), Crown House, 4 Par-la-Ville Road, Hamilton, Bermuda.
Please note that your rights for any particular product or service will be determined by the notice provided with such product or service, and in the event of a conflict between this notice and that notice, the specific notice provided with the product or service shall control.
1. How do we collect and process personal data?
Directly – We obtain personal data directly from individuals in a variety of ways, including obtaining personal data from individuals who provide us their business card, complete our online forms, subscribe to our newsletters and register for webinars, attend meetings or events we host, visit our offices or apply for open positions. We may also obtain personal data directly when, for example, we are establishing a business relationship, performing professional services through a contract, or through our hosted software applications.
Indirectly – We obtain personal data indirectly about individuals from a variety of sources, including recruitment services and our clients. We may attach personal data to our customer relationship management records to better understand and serve our business clients, subscribers and individuals, satisfy a legal obligation, or pursue our legitimate interests.
- Public sources -- Personal data may be obtained from public registers (such as the Registrar of Companies), news articles, sanctions lists, and Internet searches.
- Social and professional networking sites -- If you register or login to our websites using social media (e.g., LinkedIn, Google, or Twitter) to authenticate your identity and connect your social media login information with us, we will collect information or content needed for the registration or login that you permitted your social media provider to share with us. That information may include your name and email address and depending on your privacy settings, additional details about you, so please review the privacy controls on the applicable service to set how much information you want shared with us.
- Business clients -- Our business clients may engage us to perform professional services which involves sharing personal data they control as part of that engagement. For example, we will review payroll data as part of an audit and we often need to use personal data to provide global mobility and pension services. Our services may also include processing personal data under our clients’ control on our hosted software applications, which may be governed by different privacy terms and policies.
- Recruitment services – We may obtain personal data about candidates from employment and recruitment agencies, and other parties including former employers, and credit agencies.
2. What categories of personal data do we collect?
- Personal data. Here is a list of personal data we commonly collect to conduct our business activities.
- Contact details (e.g., name, company name, job title, work and mobile telephone numbers, work and personal email and postal address).
- Professional details (e.g., job and career history, educational background and professional memberships, published articles).
- Family and beneficiary details for insurance and pension planning services (e.g., names and dates of birth).
- Financial information (e.g., taxes, payroll, investment interests, pensions, assets, bank details, insolvency records).
- Sensitive personal data. We typically do not collect sensitive or special categories of personal data about individuals, such as personal data revealing racial, national, or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometrics data for the purpose of uniquely identifying a natural person, data concerning physical or mental health or disability, data concerning a natural person's sex, sex life, sexual orientation, or marital or family status. When we do need to process sensitive personal data, it is with the consent of the individual unless it is obtained indirectly for legitimate purposes. Examples of sensitive personal data we may obtain include:
- Dietary restrictions or access requirements when registering for in-person events that reveal religious beliefs or physical health.
- Personal identification documents that may reveal race or ethnic origin, and possibly biometric data of private individuals, beneficial owners of corporate entities, or applicants.
- Expense receipts submitted for individual tax or accounting advice that reveal affiliations with trade unions or political opinions.
- Adverse information about potential or existing clients and applicants that may reveal criminal convictions or offences information.
- Information provided to us by our clients in the course of a professional engagement.
- Diversity and equal opportunity information volunteered by participants in certain KPMG professional empowerment programs.
- Child data. Although we do not intentionally collect information from individuals under 14 years of age, we may occasionally receive details about children attending performances and other events we host with their parents or guardians (e.g. hospitality suites, galas, art exhibits). Certain professional services also require the use of child data, such as the provision of individual tax services.
- Location-based data. We may process geographical locations you enter when seeking an office near you.
3. Why do we need personal data?
We aspire to be transparent when we collect and use your personal data and tell you why we need it, which typically includes:
- Providing professional advice and delivering reports related to our tax, advisory, audit and assurance, pension plan administration, restructuring, mergers and acquisitions and other professional services. Our services may include reviewing client files for quality assurance purposes, which may involve processing personal data for the relevant client.
- Promoting our professional services, products and capabilities to existing and prospective business clients.
- Sending invitations and providing access to guests attending our events and webinars or our sponsored events.
- Personalizing online landing pages and communications we think would be of interest based on interactions with us and KPMG member firms.
- Administering, maintaining and ensuring the security of our information systems, applications and websites.
- Authenticating registered users to certain areas of our sites.
- Seeking qualified candidates, and forwarding candidate career inquiries to our human resources and career teams, which may be governed by different privacy terms and policies.
- Processing online requests, including responding to communications from individuals or requests for proposals and quotations.
- Contacting journalists regarding company press releases, invitations to annual press parties, highlighting messages that may be of interest on specific industry topics.
- Travel arrangement assistance.
- Helping support clients to run a series of development programs for education and learning purposes to inform leaders in the healthcare, civil service and other industries.
- Complying with legal and regulatory obligations relating to countering money laundering, terrorist financing, fraud and other forms of financial crime.
In general, you are not obligated to provide your personal data to us. But in some circumstances not providing your personal data to us may have the consequence that we are unable to provide a service requested by you or your employer, if your data are necessary for the provision of service.
4. What lawful grounds do we have for processing personal data?
We may rely on the following lawful grounds when we collect and use personal data to operate our business and provide our products and services:
- Contract – We may process personal data to the extent it is necessary in order to perform our contractual obligations we have with you.
- Consent – We may rely on your freely given consent at the time you provided your personal data to us.
- Legitimate interests – We may rely the processing of your personal data on our legitimate interests insofar the processing is necessary for these interests based on our evaluation that the processing is fair, reasonable and balanced. These interests include:
- Delivering services to our clients – To deliver the professional services our clients have engaged us to provide.
- Direct marketing – To deliver timely market insights and specialty knowledge we believe is welcomed by our business clients, subscribers and individuals who have interacted with us.
- Legal obligations and public interests – We may process personal data in order to meet regulatory and public interest obligations or mandates.
5. What are data protection rights of EU data subjects?
EU data protection rights are highlighted here. To submit a request regarding these rights please email firstname.lastname@example.org.
- Access – You can ask us to verify whether we are processing personal data about you, and if so, to provide more specific information, in particular about the personal data concerned.
- Rectification – You can ask us to correct our records if you believe they contain incorrect or incomplete information about you.
- Erasure – You can ask us to erase (delete) your personal data after you withdraw your consent to processing or when we no longer need it for the purpose it was originally collected.
- Processing restrictions – You can ask us to temporarily restrict our processing of your personal data if you contest the accuracy of your personal data, prefer to restrict its use rather than having us erase it, or need us to preserve it for you to establish, exercise, or defend a legal claim. A temporary restriction may apply while verifying whether we have overriding legitimate grounds to process it. You can ask us to inform you before we lift that temporary processing restriction.
- Data portability – In some circumstances, where you have provided personal data to us, you can ask us to transmit that personal data (in a structured, commonly used, and machine-readable format) directly to another company if this is technically feasible.
- Right to Object to Direct Marketing including Profiling – You can object to our use of your personal data for direct marketing purposes, including profiling. We may need to keep some minimal information to comply with your request to cease marketing to you.
- Right to Withdraw Consent – You can withdraw your consent that you have previously given to one or more specified purposes to process your personal data. This will not affect the lawfulness of any processing carried out before you withdraw your consent. It may mean we are not able to provide certain products or services to you and we will advise you if this is the case.
- Right to lodge a complaint with a supervisory authority – If you have any complaints about the processing of personal data you can always contact us email@example.com. But irrespective of whether you want to contact us, you have the right to lodge a complaint with a supervisory authority.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information or to exercise any of your other rights. This helps us to ensure that your personal data are not disclosed to any person who has no right to receive them. No fee is required to make a request unless your request is clearly unfounded or excessive. Regarding cross-border transfers of personal data you may request from us more information on the safeguards that are put in place, such as a copy of the safeguards.
6. How long do we retain personal data?
We retain personal data to provide our services, stay in contact with you and to comply with applicable laws, regulations, our policies and professional obligations. Unless a different time frame applies as a result of business need or specific legal, regulatory or contractual requirements, where we retain personal data in accordance with these uses, we retain personal data for seven years. We will dispose of personal data in a secure manner when we no longer need it.