Privacy | KPMG | CZ

Privacy – Information Memorandum

Privacy

Last updated on the 17th of May, 2018

In this information memorandum, you will find information about how we process your personal data, in particular about their categories, the scope and purpose for which the personal data are processed, the resources from which your personal data are collected and the persons to whom your personal data are transferred. In this information memorandum, you will also find information about your rights in the area of personal data processing.


We, member firms of KPMG Česká republika, s.r.o., with its registered office at Pobřežní 1a, 186 00 Prague, Id. No.: 00553115, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 326; KPMG Česká republika Audit, s.r.o, with its registered office at Pobřežní 1a, 186 00 Prague, Id. No.: 49619187, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 24185; KPMG Advisory, s.r.o., with its registered office at Pobřežní 1a, 186 00 Prague, Id. No.: 27570193, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 113192; and KPMG Legal s.r.o., advokátní kancelář, with its registered office at Pobřežní 1a, 186 00 Prague, Id. No.: 24733598, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 169791 (hereinafter “KPMG” or “we”), process personal data in compliance with the legal regulations governing personal data protection, in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regulation, hereinafter the “GDPR”), and in compliance with our internal regulations and policies.


We are fully aware of the importance of the protection of personal data and privacy of our suppliers and contractual partners. Therefore, when processing personal data, we always proceed in order to:

  • Process up-to-date and accurate data only to the extent necessary for the fulfilment of the purpose of processing,
  • only process personal data for the period necessary for the fulfilment of the purpose of processing,
  • secure your personal data to the maximum extent possible, in particular by taking appropriate measures that will protect your personal data against any unauthorised access,
  • preserve your privacy to the largest extent possible, and therefore we always properly consider whether any particular processing is necessary and whether it does not unreasonably interfere with your rights and freedoms.


For more information on our activities, please see our website kpmg.cz. If you do not find answers to your questions regarding personal data on the website or if you wish to receive more detailed advice on certain information, you can contact us:


By e-mail: kpmg@kpmg.cz
By telephone: +420 222 123 111 - from Monday to Friday between 9 a.m. and 5 p.m.
By regular mail: KPMG Česká republika s.r.o., Pobřežní 1a, 186 00 Prague 8 – Karlín

 1. Categories of personal data

We process the following categories of your personal data:

  • Identification and address data: academic degree, name, surname, birth date, information about your identity documents, permanent address, delivery address or other contact address, business address, identification number,
  • electronic contact data: telephone, mobile telephone, fax, e-mail address, data box identification number, etc,
  • other electronic data: IP address, cookies,
  • other personal data necessary for the performance of contract: bank account number, supplier number, amounts of payments and payment history, other similar data (if applicable),
  • other personal data provided by the supplier in the contract or any amendment or in other documents and during meetings, including any later updates thereof.

2. How do we collect your personal data?

We collect your personal data directly from you, from third parties, from publicly available sources or from our own activities. If we collect your personal data from you, we always inform you whether providing certain personal data is a legal or contractual requirement or a requirement that must be specified in the contract and whether you are obliged to provide the personal data, as well as about the consequences of your failure to provide the personal data.
We collect your personal data mainly from you, e.g.:

  • For the purpose of preparation of the contract, during the signing of the prepared contract, during the term of the contractual relationship,
  • from personal or written communication with you, including communication via e-mail and website registration forms,
  • through your registration in or login to the KPMG website using a third party single sign-in service thatauthenticates your identity and connects your social media login information (e.g. LinkedIn, Google or Twitter); we will only collect the information needed for the registration or log-in that you have permitted the social media provider to share with us.

2.1 Automatic collection of personal information

In some instances, KPMG and its service providers uses cookies, web beacons and other technologies to automatically collect certain types of information when you visit us online, as well as through emails that we may exchange. The collection of this information allows us to customize your online experience, improve the performance, usability and effectiveness of KPMG's online presence, and to measure the effectiveness of our marketing activities.
2.1.1 IP addresses
An IP address is a number assigned to your computer whenever you access the internet. It allows computers and servers to recognise and communicate with one another. IP addresses from which visitors appear to originate may be recorded for IT security and system diagnostic purposes. This information may also be used in aggregate form to conduct web site trend and performance analysis.
2.1.2 Cookies
Cookies may be placed on your computer or internet-enabled device whenever you visit us online. This allows the site to remember your computer or device and serves a number of purposes.
On some of our web sites, a notification banner will appear requiring your consent to collect cookies. If you do not provide consent, your computer or internet-enabled device will not be tracked for marketing-related activities. A secondary type of cookie referred to as "user-input" cookies may still be required for necessary functionality. Such cookies will not be blocked through the use of this notification banner. Your selection will be saved in a cookie and is valid for a period of 90 days. If you wish to revoke your selection, you may do so by clearing your browser's cookies.

Although most browsers automatically accept cookies, you can choose whether or not to accept cookies via your browser's settings (often found in your browser's Tools or Preferences menu). You may also delete cookies from your device at any time. However, please be aware that if you do not accept cookies, you may not be able to fully experience some of our web sites' features.

Further information about managing cookies can be found in your browser's help file or through sites such as www.allaboutcookies.org.

Below is a list of the types of cookies used on our web sites:

Purpose Description Type & Expiry
Performance (i.e., User's Browser)

Our web sites are built using common internet platforms. These have built-in cookies which help compatibility issues (e.g., to identify your browser type) and improve performance (e.g., quicker loading of content).

Session

Deleted upon closing the browser

Security (e.g. Asp .NET) Cookies

If you register for access to a restricted area, our cookies ensure that your device is logged for the duration of your visit. You will need your username and password to access the restricted areas.

Session

Deleted upon closing the browser

Site Preferences

Our cookies may also remember your site preferences (e.g., language) or seek to enhance your experience (e.g., by personalizing a greeting or content). This will apply to areas where you have registered specifically for access or create an account.

Session

Deleted upon closing the browser

Analytical 

We use several third party analytics tools to help us understand how site visitors use our web site. This allows us to improve the quality and content on kpmg.com for our visitors. The aggregated statistical data cover items such as total visits or page views, and referrers to our web sites. For further details on our use of Google Analytics, see below.

Persistent, but will delete automatically after two years if you no longer visit kpmg.com

Site visitor feedback

We use a third party survey tool to invite a percentage of visitors to provide their feedback. Cookies are used to prevent visitors from being invited multiple times.

The first cookie (1) is set if the visitor is not invited to participate in the survey, and is used to ensure visitors are not invited after their first page view.

The second cookie (2) is set if the visitor is invited to participate in the survey, and is used to ensure the visitor is not invited again to participate for a period of 90 days.

1 Session
Deleted upon closing the browser

2 Persistent
Deleted automatically after 90 days or presenting survey invite.

Social sharing

We use third party social media widgets or buttons to provide you with additional functionality to share content from our web pages to social media websites and email. Use of these widgets or buttons may place a cookie on your device to make their service easier to use, ensure your interaction is displayed on our webpages (e.g. the social share count cache is updated) and log information about your activities across the Internet and on our web sites. We encourage you to review each provider's privacy information before using any such service. For further details on our use of social media widgets and applications, see below.

Persistent, but will be deleted automatically after two years if you no longer visit kpmg.com

Other third party tools and widgets may be used on our individual web pages to provide additional functionality. Use of these tools or widgets may place a cookie on your device to make their service easier to use, and ensure your interaction is displayed on our webpages properly.


Cookies by themselves do not tell us your email address or otherwise identify you personally. In our analytical reports, we may obtain other identifiers including IP addresses, but this is for the purpose of identifying the number of unique visitors to our web sites and geographic origin of visitor trends, and not to identify individual visitors.


BY NAVIGATING ON OUR WEB SITES OR ENTERING YOUR LOGIN DETAILS TO ACCESS AREAS RESERVED FOR REGISTERED USERS, YOU AGREE THAT WE CAN PLACE THESE COOKIES ON YOUR COMPUTER OR INTERNET ENABLED DEVICE.

2.1.3 Google Analytics

KPMG uses Google Analytics. More information about how Google Analytics is used by KPMG can be found here: http://www.google.com/analytics/learn/privacy.html

To provide website visitors with more choice on how their data is collected by Google Analytics, Google have developed the Google Analytics Opt-out Browser Add-on.The add-on communicates with the Google Analytics JavaScript (ga.js) to indicate that information about the website visit should not be sent to Google Analytics. The Google Analytics Opt-out Browser Add-on does not prevent information from being sent to the website itself or to other web analytics services.

2.1.4 Web beacons

A web beacon is a small image file on a web page that can be used to collect certain information from your computer, such as an IP address, the time the content was viewed, a browser type, and the existence of cookies previously set by the same server. KPMG only uses web beacons in accordance with applicable laws.


KPMG or its service providers may use web beacons to track the effectiveness of third party web sites that provide us with recruiting or marketing services or to gather aggregate visitor statistics and manage cookies.


You have the option to render some web beacons unusable by rejecting their associated cookies. The web beacon may still record an anonymous visit from your IP address but cookie information will not be recorded.


In some of our newsletters and other communications, we may monitor recipient actions such as email open rates through embedded links within the messages. We collect this information to gauge user interest and to enhance future user experiences.

2.1.5 Location-based tools

KPMG may collect and use the geographical location of your computer or mobile device. This location data is collected for the purpose of providing you with information regarding services which we believe may be of interest to you based on your geographic location, and to improve our location-based products and services.

2.2 Social media widgets and applications

KPMG web sites may include functionality to enable sharing via third party social media applications, such as the Facebook Like button and Twitter widget. These social media applications may collect and use information regarding your use of KPMG web sites (see details on 'Social Sharing' cookies above). Any personal information that you provide via such social media applications may be collected and used by other members of that social media application and such interactions are governed by the privacy policies of the companies that provide the application. We do not have control over, or responsibility for, those companies or their use of your information.

In addition, KPMG web sites may host blogs, forums, crowd-sourcing and other applications or services (collectively "social media features"). The purpose of social media features is to facilitate the sharing of knowledge and content. Any personal information that you provide on any KPMG social media feature may be shared with other users of that social media feature (unless otherwise stated at the point of collection), over whom we may have limited or no control.

Exceptionally, we may collect your personal data from a third party, e.g. a court, distrainer, insolvency trustee, or any other governmental body.

We also collect personal data from other publicly accessible and non-public registers and records, in particular from:

  • The Commercial Register,
  • the Trade Register,
  • the Insolvency Register,
  • the Central Registry of Distraint Proceedings,
  • the internet,
  • the Ultimate Owners Register.

3. For which purposes do we process your personal data?

As we have informed you above, we only process your personal data to the extent necessary for the given purpose and for the period necessary for the fulfilment of the given purpose. After having fulfilled a particular purpose, we can process your personal data in certain cases for purposes other than those for which the data was originally collected. We also inform you of these other purposes below in this section. We archive your personal data for the period stipulated by law or we continue to store the same so that we could address your potential requests or claims or defend your rights and legitimate interests (in particular during the course of limitation periods).

We process your personal data:

a) For the purposes of execution and performance of contracts,
b) for the purposes of fulfilment of our statutory obligations,
c) for the purposes of our legitimate interests,
d) on the basis of your consent to the use of your personal data for marketing purposes and sending, of commercial communications.

Ad a) Execution and Performance of Contracts

We process your personal data for the purposes related to the fulfilment of contractual obligations of both parties, in particular for the purposes of the valid execution, performance, amendment and termination of contracts and the related invoicing, complaint-lodging and communication processes. The provision of the specified personal data is therefore a contractual requirement.

For these purposes, the following categories of personal data are processed: identification and address data, electronic contact data, other personal data necessary for the performance of the contract, and other personal data provided by the supplier (if applicable).

We process the said personal data for the term of the respective contract or, if applicable, for the duration of any potential further complaint time limits or any related communication.

Ad b) Fulfilment of Statutory Obligations
Since a number of legal regulations applies to our activities (Act on Auditors, Tax Consultancy Act, Act on Legal Profession, etc.), we are, in certain cases, obliged to process your personal data under the law.

Other obligations for the fulfilment of which it is necessary that we process your personal data are imposed upon us by other legal regulations of the Czech Republic (e.g. the Accounting Act, tax regulations) and of the European Union. We also process your personal data in order to satisfy the requirements of the State authorities, courts and other supervisory and regulatory authorities of the Czech Republic, European Union and other Member States (if applicable).

For these purposes, the following categories of personal data are processed: identification and address data, electronic contact data, other personal data necessary for the performance of the contract, and other personal data provided by the supplier (if applicable).

We keep such personal data for the period necessary for the fulfilment of the given legal obligations and, customarily, for a maximum period of 15 years.

Ad c) Our Legitimate Interests
Using your personal data is often not necessary for the performance of a contract or a legal obligation. Nevertheless, we process such personal data e.g. for safety, operational, administrative or other reasons related to our business relationship. These are our legitimate interests. On the basis of these legitimate interests, we only process your personal data under the assumption that your interests and fundamental rights do not override our legitimate interests. Before we start processing, we always thoroughly assess and compare your interests with our interests. If you do not agree with the processing, you are entitled to object and we will perform an new assessment or we cease to process your personal data (if applicable).
For these purposes, the following categories of personal data are processed: identification and address data, electronic contact data, other personal data necessary for the performance of the contract, and other personal data provided by the supplier.

Our legitimate interests are the following:

  • Protection of property, lives and health of persons entering our buildings or sites. For these purposes, camera systems have been installed within the premises of our firm and records on the monitoring of arrivals and departures are kept. You are always informed of the location of the cameras upon entering the monitored premises. The camera recordings are kept for a maximum period of 3 weeks. If necessary, the camera recordings may be provided to the law enforcement authorities. Apart from that purpose, the camera recordings are not processed or otherwise utilised in any manner. The records monitoring arrivals and departures are kept for a period of 2 years.
  • Administrative Purposes. For these purposes, we process personal data in connection with the administrative management of our contractual relationships, verification of our clients and risk management, checks of whether our contractual partners are not unreliable VAT payers, claim insurance, supplier assessment, and performance of payment operations. We keep the said personal data for a maximum period of 10 years.
  • Reporting within the global network of the KPMG member firms, performance of internal risk management procedures, including client verification procedures, and fulfilment of legal and regulatory obligations.
  • Collection of receivables and defence of our legal claims. In this case, we are entitled, among other things, to transfer your personal data to third parties, namely to attorneys-at-law, law offices and other companies engaging on the collection of receivables. We keep the said personal data no longer than for the duration of the respective limitation or prescription time limits and subsequently for a maximum period of one year so that we have time to become aware of any possible initiation of a dispute by a supplier or contractual partner (if any such proceedings are initiated). If any judicial, arbitral, distraint or other similar proceedings are initiated, we process personal data for the duration of the proceedings and subsequently for the duration of the time limits for the filing of extraordinary remedies. If any extraordinary remedy is filed, we also keep the said personal data during the proceedings on that particular extraordinary remedy.


Ad d) Consent to the Use of Your Personal Data for Marketing Purposes and Sending of Commercial Communications
As a part of a marketing campaign, we also usually ask you whether you are interested in providing us with your consent to our processing of your personal data for marketing purposes (under the conditions and to the extent specified
in the provided consent) and using your contact details for sending commercial communications, marketing materials, publications and invitations to professional seminars, conferences and other social events.

4. To whom do we disclose your personal data?

We process your personal data as a personal data controller. This means that we determine the purposes for which we collect and process your personal data (see Art. III of this information memorandum) and select means for the processing of the same. In order to fulfil our statutory obligations, we are obliged in certain cases to provide your personal data to third parties who are also in the position of personal data controllers. These cases include, in particular, the provision of personal data upon request of the authorities involved in criminal, infraction or administrative proceedings. Also, we are obliged to provide certain data to auditors who perform audits within our firms by operation of law.

We form part of the global network of the KPMG member firms and, therefore, it is our legitimate interest to transfer personal data to other member firms for the purposes of the performance of internal risk management procedures, including contractual partner verification procedures, and fulfilment of legal and regulatory obligations, as well as to the member firms in countries other than the country in which the personal data was obtained, and including countries outside the European Union. We perform transfers of personal data outside the European Union in compliance with Art. 44 et seq. of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council.

We also use the external processors’ services for the processing of your personal data. We use the following categories of processors: website operators; operators of mailing instruments. We have executed contracts for personal data processing with all processors in order to guarantee protection of your personal data to the maximum extent possible.

Nevertheless, we only disclose your personal data to the necessary extent and in the form necessary for the achievement of the purposes specified in this information memorandum.

5. How do we process your personal data?

We are fully aware of the importance of protection of our contractual partners’ personal data and privacy. When processing personal data, we always proceed so that your personal data are safeguarded to the maximum possible extent and so that your personal data cannot be misused.

Your personal data may be processed both manually and automatically. Automated processing is performed in our information systems or in the information systems of our processors. Your personal data is processed by our authorised employees and by the processors specified in the previous section. We have taken these measures so that only the employees and the processors who are involved in the processing of your personal data have access to your personal data and so that those employees and processors maintain confidentiality about any facts, information and (personal or any other) data of which they have learned during the performance of their work.

We execute written contracts regulating the processing of personal data, which contain the same guarantees in respect of the processing of personal data that are applied within our firm, with all our processors of your personal data.

We would also like to inform you that we do not make any decisions based solely on the automated processing, including profiling.

6. Which rights do you have in the area of personal data protection?

We process your personal data in an entirely transparent manner. At all times during the processing of your personal data, you may take advantage of the following rights:


a) Right to access your personal data and right to make a copy of your personal data processed by us.
b) Right to rectification and completion of your personal data if you find out that we process any incorrect or inaccurate personal data about you.
c) Right to erasure of your personal data (‘right to be forgotten’). Upon your request, we can erase your personal data under certain conditions stipulated by legal regulations. However, please note that your personal data cannot be erased if the processing of your personal data is necessary (e.g. if there is a statutory obligation to process your personal data).
d) Right to restriction of processing of your personal data. Upon your request, we can restrict our processing of your personal data under certain conditions set out by legal regulations. If you exercise your right to the restriction of processing and if any such condition is met, we will make a record in our systems that the particular data is subject to restriction and we will usually not continue to actively process such data. If the reasons for the restriction of processing cease to exist, we will cancel the restriction of processing of your personal data. Nevertheless, we will inform you of this in advance.
e) Right to portability. If we process your personal data on the basis of your consent or for the purposes of the performance of a contract and if, at the same time, the processing is automated, you have a right to obtain such personal data of yours in a structured, commonly used and machine-readable format and to transfer the data to another controller. You will obtain your personal data in a xlsx. format.
f) If you believe that any of the obligations stipulated by the legal regulations governing the protection of personal data, in particular by the GDPR, have been breached, you have the right to lodge a complaint with the Office for Personal Data Protection or with any other authority of a Member State of the European Union that is authorised to supervise the compliance with the obligations laid down by the GDPR.


You also have the right to object to the processing of your personal data, if your personal data are processed:

  • For the purpose of performance of an assignment carried out in the public interest or in the exercise of official authority,
  • for the purpose of the legitimate interests pursued by the controller or by a third party,
  • for the purposes of the direct marketing, which also includes profiling, with the aim of adapting offers to your needs and to improve the services provided.

If you object, we will not process your personal data until we prove serious grounds for the processing of the same that will prevail over your interests or your rights and freedoms, or for the determination, filing or defence of legal claims.

If you object to the processing for the purposes of direct marketing, we will no longer process your personal data for those purposes.

If you exercise any of the rights specified above, we will inform you about the manner of settlement of your request in writing without undue delay.

7. Links to other sites

We regularly check this information memorandum and may modify it from time to time (in particular, in order to comply with the legal regulations and procedures regarding the personal data protection). Updated versions will always be available on our website.

 

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