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KPMG LLP (U.S.) Privacy Shield Policy

KPMG LLP (U.S.) Privacy Shield Policy

Last updated January 13, 2021

KPMG LLP (U.S.)1 and KPMG Corporate Finance LLC, (together "KPMG," “we,” “our,” and “us”), complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework (collectively, “Privacy Shield”) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data (as defined below) from the European Union, United Kingdom, and Switzerland, as applicable to the U.S., in reliance on Privacy Shield. KPMG has certified to the U.S. Department of Commerce that that it adheres to the Privacy Shield Principles with respect to such Personal Data. If there is any conflict between the policies in this KPMG LLP (U.S.) Privacy Shield Statement (“Privacy Shield Statement”) and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit: https://www.privacyshield.gov/.

Following recent decisions invalidating the adequacy of Privacy Shield, we no longer rely on Privacy Shield for cross-border Personal Data transfers. KPMG relies on the direct collection of Personal Data from individuals located outside of the U.S., or we use other bases, such as standard contractual clauses for cross-border Personal Data transfers from another entity to us.

Definitions

“Data Subject” means the individual to whom any given Personal Data covered by this Privacy Shield Policy refers.

“Personal Data” means any information relating to an individual residing in the European Union, European Economic Area, and Switzerland that can be used to identify that individual either on its own or in combination with other readily available date.

“Sensitive Personal Data” means Personal Data regarding an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, physical or mental health, or sexual life.

Scope and Responsibility

This Privacy Shield Statement applies to Personal Data transferred from the European Union, United Kingdom, and Switzerland to KPMG’s operations in the U.S. in reliance on the respective Privacy Shield framework and does not apply to Personal Data transferred under Standard Contractual Clauses or any approved derogation from the EU General Data Protection Regulation (GDPR).

Some types of Personal Data may be subject to other privacy-related requirements and policies. For example:

  • Some KPMG websites, web-based and mobile applications, or software have their own privacy policies.
  • Personal Data regarding and/or received from a client is also subject to any specific agreement with, or notice to, the client, as well as additional applicable laws and professional standards.
  • KPMG Employees’ Personal Data is subject to internal firm policies.

All employees of KPMG that have access in the U.S. to Personal Data covered by this Privacy Shield Statement are responsible for conducting themselves in accordance with this Privacy Shield Statement. Adherence by KPMG to this Privacy Shield Statement may be limited to the extent required to meet legal, regulatory, governmental, or national security obligations.

KPMG employees responsible for engaging unaffiliated third parties are responsible for obtaining appropriate assurances that such third parties processing Personal Data subject to this policy have an obligation to conduct themselves in accordance with the applicable provisions of these Privacy Shield Principles, including any applicable contractual assurances required by Privacy Shield.

Privacy Shield Principles

KPMG commits to applying the Privacy Shield Principles to all Personal Data that KPMG in the U.S. receives from the European Union, United Kingdom, and/or Switzerland in reliance on Privacy Shield.

1. Notice

In accordance with our Privacy Statement, KPMG notifies Data Subjects about its data practices regarding Personal Data received by KPMG in the U.S. from the European Union, United Kingdom, and Switzerland in reliance on the respective Privacy Shield framework, including the types of Personal Data it collects about them, the purposes for which it collects and uses such Personal Data, the types of third parties to which it discloses such Personal Data and the purposes for which it does so, the rights of Data Subjects to access their Personal Data, the choices and means that KPMG offers for limiting its use and disclosure of such Personal Data, how KPMG’s obligations under Privacy Shield are enforced, and how Data Subjects can contact KPMG with any inquiries or complaints.

2. Choice

If Personal Data covered by this Privacy Shield Statement is to be used for a new purpose that is materially different from that for which the Personal Data was originally collected or subsequently authorized, or is to be disclosed to a non-agent third party, KPMG will provide Data Subjects with an opportunity to choose whether to have their Personal Data so used or disclosed.

If Sensitive Personal Data covered by this Privacy Shield Statement is to be used for a new purpose that is different from that for which the Personal Data was originally collected or subsequently authorized, or is to be disclosed to a third party, KPMG will obtain the Data Subject’s consent prior to such use or disclosure.

To opt out of such uses or disclosures of Personal Data or Sensitive Personal Data, please refer to the “Questions and Comments” section below.

3. Accountability for Onward Transfer

In the event we transfer Personal Data covered by this Privacy Shield Statement to a third party acting as a controller, we will do so consistent with any notice provided to Data Subjects, any consent they have given, and only if the third party has given us contractual assurances that it will (i) process the Personal Data for limited and specified purposes consistent with any consent provided by the Data Subjects, (ii) provide at least the same level of protection as is required by the Privacy Shield Principles and notify us if it makes a determination that it cannot do so; and (iii) cease processing of the Personal Data or take other reasonable and appropriate steps to remediate if it makes such a determination. If KPMG has knowledge that a third party acting as a controller is processing Personal Data covered by this Privacy Shield Statement in a way that is contrary to the Privacy Shield Principles, KPMG will take reasonable steps to prevent or stop such processing. 

With respect to our agents, including third parties acting on our behalf), we will transfer only the Personal Data covered by this Privacy Shield Statement needed for an agent to deliver to KPMG the requested product or service. Furthermore, we will (i) permit the agent to process such Personal Data only for limited and specified purposes; (ii) require the agent to provide at least the same level of privacy protection as is required by the Privacy Shield Principles; (iii) take reasonable and appropriate steps to ensure that the agent effectively processes the Personal Data transferred in a manner consistent with KPMG’s obligations under the Privacy Shield Principles; and (iv) require the agent to notify KPMG if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles. Upon receiving notice from an agent that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, we will take reasonable and appropriate steps to stop and remediate unauthorized processing.

KPMG remains liable under the Privacy Shield Principles if an agent processes Personal Data covered by this Privacy Shield Statement in a manner inconsistent with the Principles, except where KPMG is not responsible for the event giving rise to the damage.

4. Security

KPMG takes reasonable and appropriate measures to protect Personal Data covered by this Privacy Shield Statement from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.

5. Data Integrity and Purpose Limitation

KPMG limits the collection of Personal Data to information that is relevant for the purposes of processing. KPMG does not process such Personal Data in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the Data Subject.

KPMG takes reasonable steps to ensure that such Personal Data is reliable for its intended use, accurate, complete, and current. KPMG takes reasonable and appropriate measures to comply with the requirement under Privacy Shield to retain Personal Data in identifiable form only for as long as it serves a purpose of processing. Specifically, Personal Data will be retained in accordance with our business purposes and our obligations to comply with legal requirements and professional standards, unless a longer retention period is otherwise permitted by law and its retention adheres to the Privacy Shield Principles.

6. Access

Data Subjects whose Personal Data is covered by this Privacy Shield Statement have the right to access such Personal Data and to correct, amend, or delete such Personal Data if it is inaccurate or has been processed in violation of the Privacy Shield Principles (except when the burden or expense of providing access, correction, amendment, or deletion would be disproportionate to the risks to the Data Subject’s privacy, or where the rights of persons other than the Data Subject would be violated). KPMG will make reasonable and practical efforts to comply with your request, so long as our doing so would be consistent with applicable law, KPMG’s contractual requirements, and/or the professional standards applicable to KPMG.

To make a data access request, please refer to the “Questions and Comments” section below.

7. Recourse, Enforcement, and Liability

KPMG’s participation in Privacy Shield is subject to investigation and enforcement by the Federal Trade Commission. In compliance with the Privacy Shield Principles, KPMG commits to resolve complaints about your privacy and our collection or use of your Personal Data. Data Subjects with inquiries or complaints regarding this Privacy Shield Statement should first contact KPMG using the information in the “Questions and Comments” section below.

KPMG has further committed to refer unresolved privacy complaints under Privacy Shield and the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint.

Under certain circumstances, Data Subjects may be able to invoke binding arbitration to resolve disputes regarding Privacy Shield compliance. See https://www.privacyshield.gov/article?id=ANNEX-I-introduction for further information. 

KPMG agrees to periodically review and verify its compliance with the Privacy Shield Principles, and to remedy any issues arising out of failure to comply with the Privacy Shield Principles. KPMG acknowledges that its failure to provide an annual self-certification to the U.S. Department of Commerce will remove it from the Department’s list of Privacy Shield participants.

Changes to this Privacy Shield Policy

This Privacy Shield Policy may be amended from time to time consistent with the requirements of the Privacy Shield. Appropriate notice regarding such amendments will be given. 

Questions and Comments

KPMG is committed to protecting the privacy of your Personal Data. If you have any questions or comments about this Privacy Shield Policy, or wish to exercise your Data Subject rights, please contact us by:

 

1KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited (“KPMG International”), a private English company limited by guarantee. KPMG International and its related entities do not provide services to clients.