KPMG LLP (U.S.) Privacy Shield Policy

KPMG LLP (U.S.) Privacy Shield Policy

Last updated September 29th 2016

KPMG LLP, the U.S. member firm, and KPMG Corporate Finance LLC, (together "KPMG," “we,” “our,” and “us”), complies with the EU-U.S. Privacy Shield Framework (the “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 European Union member countries.  KPMG has certified that it adheres to the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement, and Liability.  If there is any conflict between the policies in this KPMG LLP (U.S.) Privacy Shield Policy (“Privacy Shield Policy”) 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/.

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 that can be used to identify that individual either on its own or in combination with other readily available data.

“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 Policy applies to Personal Data transferred from European Union member countries to KPMG’s operations in the U.S. in reliance on the Privacy Shield and does not apply to Personal Data transferred under Standard Contractual Clauses or any approved derogation from the EU Directive.

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

  • Some KPMG websites 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.
  • Employee Personal Information is subject to internal human resource policies including the Employee Data Privacy Notice.

All employees of KPMG that have access in the U.S. to Personal Data covered by this Privacy Shield Policy are responsible for conducting themselves in accordance with this Privacy Shield Policy.  Adherence by KPMG to this Privacy Shield Policy may be limited to the extent required to meet legal, regulatory, governmental, or national security obligations, but Personal Data covered by this Privacy Shield Policy shall not be collected, used, or disclosed in a manner contrary to this policy without the prior written permission of KPMG’s Chief Privacy Officer. 

KPMG employees responsible for engaging third parties to which Personal Data covered by this Privacy Shield Policy will be transferred are responsible for obtaining appropriate assurances that such third parties have an obligation to conduct themselves in accordance with the applicable provisions of this Privacy Shield Principles, including any applicable contractual assurances required by Privacy Shield.

Privacy Shield Privacy Principles

KPMG commits to subject to the Privacy Shield Principles all Personal Data received by KPMG in the U.S. from European Union member countries in reliance on the Privacy Shield. 

1. Notice

KPMG notifies Data Subjects covered by this Privacy Shield Policy about its data practices regarding Personal Data received by KPMG in the U.S. from European Union member countries in reliance on the Privacy Shield, 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 the Privacy Shield are enforced, and how Data Subjects can contact KPMG with any inquiries or complaints. Notice is provided in clear and conspicuous language—including through this Privacy Shield Policy—when Data Subjects are first asked to provide Personal Data covered by this Privacy Shield Policy to KPMG or as soon thereafter as is practicable, but in any event before KPMG uses such Personal Data for a purpose other than that for which it was originally collected or processed by the transferring organization located in the European Union or discloses it for the first time to a third party.

The Personal Data covered by this Privacy Shield Policy includes: personal and business demographic information, resume and job application information, information on usage of our services, including from log files, cookies and similar tracking technologies, event registrations and preferences, financial and billing information, information specific to services provided to you – e.g., Tax preparations services, and any other personal information you chose to share. 

KPMG collects and uses such Personal Data for the following purposes: providing information about job opportunities, information about our products and services, registration for events, delivering content based on your stated preferences, improving our online services, aggregating data for our internal purposes.

KPMG may disclose such Personal Data to the following types of third parties: agents (e.g., third party service providers) that need the information to perform services on our behalf; other professional services organizations to the extent necessary for purposes of professional consultation; other KPMG member firms for purposes such as providing products and services to our clients; other third parties in association with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets; to a court to the extent it is necessary to defend a legal proceeding initiated by Data Subject; other third parties as required by law or regulation and when we have a good faith belief that it is necessary to protect the legal rights, safety, and security of us or others; and law enforcement or other government entities to comply with or respond to law enforcement or legal process or a request for cooperation, such as complying with legal requirements to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; and to professional standards review, ethics or quality control peer review organizations in order to comply with professional standards.

2. Choice

If Personal Data covered by this Privacy Shield Policy 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. Requests to opt out of such uses or disclosures of Personal Data should be sent to: us-privacy@kpmg.com

If Sensitive Personal Data covered by this Privacy Shield Policy 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 explicit consent prior to such use or disclosure.

3. Accountability for Onward Transfer

In the event we transfer Personal Data covered by this Privacy Shield Policy to a third party acting as a controller, we will do so consistent with any notice provided to Data Subjects and 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 Policy 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, we will transfer only the Personal Data covered by this Privacy Shield Policy 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 Policy 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 Policy from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into due 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 covered by this Privacy Shield Policy 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 the Privacy Shield to retain Personal Data in identifiable form only for as long as it serves a purpose of processing, which includes KPMG’s obligations to comply with professional standards, KPMG’s business purposes and unless a longer retention period is permitted by law, and it adheres to the Privacy Shield Principles for as long as it retains such Personal Data. 

6. Access

Data Subjects whose Personal Data is covered by this Privacy Shield Policy 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).  Requests for access, correction, amendment, or deletion should be sent to: us-privacy@kpmg.com

7. Recourse, Enforcement, and Liability

KPMG’s participation in the 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 Policy should first contact KPMG at: us-privacy@kpmg.com

KPMG has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the U.S. and 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 www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. 

Under certain conditions detailed in the Privacy Shield, Data Subjects may be able to invoke binding arbitration before the Privacy Shield Panel to be created by the U.S. Department of Commerce and the European Commission. 

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.