This privacy notice applies to the Insolvency Practitioner Andrew O’Leary (“I”, “me” or “my”) with offices at KPMG, 1 Stokes Place, St. Stephen’s Green, Dublin 2.
As an Insolvency Practitioner, I am dedicated to protecting the confidentiality and privacy of information entrusted to me and I comply with the Data Protection Acts 1988-2018, the ePrivacy Regulations 2011 (S.I. 336), the Directive on Privacy and Electronic Communications 2002/58/EC, and the General Data Protection Regulation (EU) 2016/679 – (‘applicable data protection law’).
In my personal capacity as an Insolvency Practitioner, I am a Data Controller in accordance with applicable data protection law. As a consequence therefore, I have the authority to determine the purpose and means of the processing of Personal Data during the course of my appointment as a Receiver, Examiner, or Liquidator in accordance with all applicable laws and legislation. Although I am an employee of KPMG Ireland; in my capacity as an Insolvency Practitioner, I have appointed KPMG as my Data Processor. Where KPMG processes Personal Data in the course of an appointment, it does so as a Data Processor only.
I am committed to the appropriate protection and use of personal identifiable information (referred to as Personal Data) that is collected during the course of my work.
Please review this Privacy Statement to learn more about how I collect, use, share and protect the Personal Data that I have obtained.
1. How I collect information
During the course of my work, I may obtain information about you, for example:
2. The type of information I collect
The information that I may processing includes:
The information I collect may also include so called ‘sensitive’ or ‘special categories’ of personal data, such as details about your:
If you fail to provide certain information when requested, such as your contact details, or confirmation of the amount of your claim, it may impact on your right to participate in a dividend distribution.
If you provide me with personal data relating to other people, such as your spouse, dependants, joint account holder or beneficiary, you must first: (a) inform the person about the content of this Privacy Statement; and (b) obtain any legally required consent from that person to the sharing of their Personal Data in this manner.
3. Situations in which I will use your Information
I use your personal data to provide restructuring services and for other activities that form part of the operation of the restructuring services. By way of example, the situations in which I may process your personal data are listed below.
4. Legal bases for processing of your information
I rely on one or more of the following lawful grounds for processing your information in the course of providing restructuring services and related activities:
In limited circumstances, it may be necessary to process special categories of your personal data, for one of the purposes outlined in section 4, and I will do so on the following bases;
While you have the right to withdraw your consent to processing or object to processing, it may still be lawful to continue processing.
5. Sharing your information
I may share your information with third parties where I have legal grounds to do so or where I have a legitimate interest in doing so. I may share information about you with the following recipients, or categories of recipients:
Where the above recipients of your personal data are based in countries or regions without data protection rules similar to those in effect in the European Economic Region (EEA), adequate safeguards will be put in place to protect your information. Such safeguards may include data transfer agreements based on model clauses approved by the European Commission for transfers of data to such countries.
6. Data security, storage and retention
I have put in place appropriate technical and organisational security policies and procedures to protect your personal data from loss, misuse, alteration or destruction.
Additionally, I aim to ensure that access to your personal data is limited to those who need to access it. Those individuals who have access to the date are required to maintain the confidentiality of such information.
Your information is protected by strict security procedures and security features which work to prevent unauthorised access. All reasonable efforts are used to retain information collected from you only for so long as such information is needed in accordance with the purposes for which it was collected or until I am requested to delete it (if earlier).
7. Access to collected information
You have the right to request a copy of personal data that I keep about you, and to have any inaccurate information about you corrected. If you wish to make such a request or you are concerned that any of the information we possess about you is incorrect, please contact GDPRqueries@kpmg.ie.
8. Right of complaint
You have the right to lodge a complaint with the Data Protection Commissioner, where you have concerns about my use of your information. Further details about this right are available at www.dataprotection.ie.
9. Changes to this policy
I keep this Privacy Statement under regular review and may modify or amend it from time to time at my discretion. If I make changes, I will record the date of the amendments or modification in the Privacy Statement. The revised Privacy Statement will apply to you and your information from that date. I would encourage you to review this Privacy Statement periodically to check if there are any changes in how your personal data is being treated. This Privacy Statement was last updated on 12 July 2019.