PRIVACY POLICY

PRIVACY POLICY

(A)  This Policy

This Policy is issued by the entities listed in Section N below (together, “KLDiscovery”, “we”, “us” or “our”). This Policy is addressed to individuals outside our organisation with whom we interact, including visitors to our websites (our “Websites”), customers, suppliers, applicants and other users of our Services (together, “you”). Defined terms used in this Policy are explained in Section (O) below.

For the purposes of this Policy, KLDiscovery is the Controller  of your Personal Data.   Contact details are provided in Section (N) below for the applicable KLDiscovery entity can answer queries about the use and processing of your Personal Data.

This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Policy.

KLDiscovery operates under the following brands:  KLDiscovery, Ontrack and Ibas.

(B)  Processing your Personal Data

Collection of Personal Data: We may collect Personal Data about you:

• When you contact us via email, telephone or by any other means.
• In the ordinary course of our relationship with you (e.g., Personal Data we obtain in the course of administering your payments).
• By recording telephone calls with you.
• When we provide Services.
• When we receive your Personal Data from third parties who provide it to us, such as credit reference agencies or law enforcement agencies.
• When you visit any of our Websites or use any features or resources available on or through our Websites. When you visit a Website, your device and browser may automatically disclose certain information (such as device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Website and other technical communications information), some of which may constitute Personal Data.
• When you submit your resume/CV to us for a job application.

Creation of Personal Data: In providing our Services, we may also create Personal Data about you, such as records of your interactions with us and details of your order history.

Relevant Personal Data: The categories of Personal Data about you that we may Process include:

• Personal details: name(s); gender; date of birth / age; nationality; and photograph.
• Contact details: shipping address (e.g., for returning original media and/or storage devices); postal address; telephone number; email address; and social media profile details.
• Payment details: billing address; bank account number or credit card number; cardholder or accountholder name; card or account security details; card ‘valid from’ date; and card expiry date.
• Views and opinions: any views and opinions that you choose to send to us, or publicly post about us on social media platforms.Application details: all kind of application documents which you may submit (curriculum vitae, certificates, references, etc.)
• Please note that the Personal Data about you that we process may also include Sensitive Personal Data as defined below.

Lawful basis for Processing Personal Data: In Processing your Personal Data in connection with the purposes set out in this Policy, we may rely on one or more of the following legal bases, depending on the circumstances:

• we have obtained your prior express consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way);
• the Processing is necessary in connection with any contract that you may enter into with us;
• the Processing is required by applicable law;
• the Processing is necessary to protect the vital interests of any individual; or
• we have a legitimate interest in carrying out the Processing for the purpose of managing, operating or promoting our business, and that legitimate interest is not overridden by your interests, fundamental rights, or freedoms.

Processing your Sensitive Personal Data: We do not seek to collect or otherwise Process your Sensitive Personal Data, except where:

• the Processing is required or permitted by applicable law (e.g., to comply with our diversity reporting obligations);
• the Processing is necessary for the detection or prevention of crime (including the prevention of fraud, money laundering and financing terrorism);
• the Processing is necessary for the establishment, exercise or defence of legal rights; or
• we have, in accordance with applicable law, obtained your prior explicit consent prior to Processing your Sensitive Personal Data (as above, this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).

Purposes for which we may Process your Personal Data: The purposes for which we may Process Personal Data, subject to applicable law, include:

• Our Websites: operating and managing our Websites; providing content to you; displaying advertising and other information to you when you visit our Websites; and communicating and interacting with you via our Websites.
• Provision of Services: providing our Websites and other Services; providing Services in response to orders; and communications in relation to those Services.
• Communications: communicating with you via any means (including via email, telephone, text message, social media, post or in person) subject to ensuring that such communications are provided to you in compliance with applicable law.
• Communications and IT operations: management of our communications systems; operation of IT security; and IT security audits.
• Health and safety: health and safety assessments and record keeping; and compliance with related legal obligations.
• Financial management: sales; finance; corporate audit; and vendor management.
• Surveys: engaging with you for the purposes of obtaining your views on our Services.
• Improving our Services: identifying issues with existing Services; planning improvements to existing Services; and creating new Services.
• Human Resources: administration of applications for positions with KLDiscovery.

Voluntary provision of Personal Data and consequences of non-provision: The provision of your Personal Data to us is voluntary and will usually be a requirement necessary in order to enter into a contract with us and to enable us to fulfil our contractual obligations towards you. You are under no statutory obligation to provide your Personal Data to us; however, if you decide not to provide us with your Personal Data, we will not be able to conclude a contractual relationship with you and to fulfil our contractual obligations towards you.

(C)  Disclosure of Personal Data to third parties

We may disclose your Personal Data to other entities within the KLDiscovery group, in order to fulfil our contractual obligations towards you or for legitimate business purposes (including providing Services to you and operating our Websites), in accordance with applicable law. In addition, we may disclose your Personal Data to:

• legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
• accountants, auditors, lawyers and other outside professional advisors to KLDiscovery, subject to binding contractual or legal obligations of confidentiality;
• third party Processors (such as payment services providers, channel and retail partners, shipping/courier companies; technology suppliers, customer satisfaction survey providers, operators of “live-chat” services and processors who provide compliance services such as checking government issued prohibited lists, like the US Office for Foreign Asset Control), located anywhere in the world, subject to the requirements noted below in this Section (C);
• any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights, or any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;
• any relevant third party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation), but only in accordance with the applicable law; and

  our Websites may use third party content. If you choose to interact with any such content, your Personal Data may be shared with the third party provider of the relevant social media platform. We recommend that you review that third party’s privacy policy before interacting with its content

  If we engage a third-party Processor to Process your Personal Data, we will conclude a data processing agreement as required by the applicable laws with such third-party Processor so that the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.  In all cases, KLDiscovery is primarily liable for the acts and omissions of such third parties to whom KLDiscovery has entrusted personal data. KLDiscovery shall ensure that all such third parties maintain security and data handling measures to standards prescribed by KLDiscovery prior to transferring such personal data to the applicable third party.

  We may anonymize Personal Data about the use of the Websites (e.g., by recording such data in an aggregated format) and share such anonymized data with our business partners (including third party business partners).

(D)  International transfer of Personal Data

Because of the international nature of our business, we may need to transfer your Personal Data within the KLDiscovery Group, and to third parties as noted in Section (C) above, in connection with the purposes set out in this Policy. For this reason, we may transfer your Personal Data to other countries that may have lower standards for data protection than the EU due to different laws and data protection compliance requirements to those that apply in the country in which you are located.

Where we transfer your Personal Data to other countries, we do so, where required on the basis of Standard Contractual Clauses. You may request a copy of our Standard Contractual Clauses using the contact details provided in Section (N) below.

(E)  Accreditation from U.S. Department of Commerce

KLDiscovery is accredited with the U.S. Department of Commerce under the EU–U.S. Privacy Shield Framework and the Swiss–U.S. Privacy Shield Framework. Although we will not base personal data transfers from the EU, the United Kingdom or from Switzerland, to the USA on the basis of the Privacy Shield frameworks, we will still adhere to the obligations under the EU-U.S. and Swiss-US Privacy Shield Frameworks. Following the decision of the Court of Justice of the European Union on July 16, 2020, declaring personal data transfers based on EU-U.S. Privacy Shield invalid, the U.S. Department of Commerce has stated that it will continue to administer the Privacy Shield program, including processing submissions for self-certification and re-certification to the Privacy Shield Frameworks and maintaining the Privacy Shield List. To learn more about the Privacy Shield program, its data protection requirements and to view our certification, please visit https://www.privacyshield.gov/.

(F)   Data Security

We have implemented appropriate technical and organizational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law.

You are responsible for ensuring that any Personal Data that you send to us are sent securely.

(G)  Data Accuracy

We take every reasonable step to ensure that:

• your Personal Data that we Process are accurate and, where necessary, kept up to date; and
• any of your Personal Data that we Process that are inaccurate (having regard to the purposes for which they are Processed) are erased or rectified without delay.

From time to time we may ask you to confirm the accuracy of your Personal Data.

(H)  Data Minimisation

We take every reasonable step to ensure that your Personal Data that we Process are limited to the Personal Data reasonably required in connection with the purposes set out in this Policy (including the provision of Services to you).

(I)    Data Retention

We take every reasonable step to ensure that your Personal Data is only processed for the minimum period necessary for the purposes set out in this Policy. We will retain copies of your Personal Data in a form that permits identification only for as long as:

• we maintain an ongoing relationship with you (e.g., where you are a user of our services, or you are lawfully included in our mailing list and have not unsubscribed); or
• your Personal Data are necessary in connection with the lawful purposes set out in this Policy, for which we have a valid legal basis (e.g., where your personal data are included in an order placed by your employer, and we have a legitimate interest in processing those data for the purposes of operating our business and fulfilling our obligations under that contract).

Additionally, we will retain Personal Data for the duration of:

• any applicable limitation period under applicable law (i.e., any period during which any person could bring a legal claim against us in connection with your Personal Data, or to which your Personal Data may be relevant); and
• an additional two (2) month period following the end of such applicable limitation period (so that, if a person brings a claim at the end of the limitation period, we are still afforded a reasonable amount of time in which to identify any Personal Data that are relevant to that claim),

In the event any relevant legal claims are brought, we may continue to Process your Personal Data for such additional periods as are necessary in connection with that claim.

During the periods noted above in relation to legal claims, we will restrict our Processing of your Personal Data to storage of, and maintaining the security of, the Personal Data, except to the extent that the Personal Data needs to be reviewed in connection with any legal claim, or any obligation under applicable law.

Once the periods above, each to the extent applicable, have concluded, we will permanently delete or destroy the relevant Personal Data. 

(J)   Your legal rights

Subject to applicable law, you may have a number of rights regarding the Processing of your Personal Data, including:

• the right to request access to, or copies of, your Personal Data that we Process or control, together with information regarding the nature, processing and disclosure of those Personal Data;
• the right to request rectification of any inaccuracies in your Personal Data that we Process or control;
• the right to request, on legitimate grounds:
  • erasure of your Personal Data that we Process or control; or
  • restriction of Processing of your Personal Data that we Process or control;
• the right to object, on legitimate grounds, to the Processing of your Personal Data by us or on our behalf;
• the right to have your Personal Data that we Process or control transferred to another Controller, to the extent applicable;
• the right to withdraw your consent to Processing, where the lawfulness of processing is based on consent; and
• the right to lodge complaints with a Data Protection Authority regarding the Processing of your Personal Data by us or on our behalf. Addresses of Authorities can be found on: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

This does not affect your statutory rights.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Policy, or about our Processing of your Personal Data, please use the contact details provided in Section (N) below.

If we are providing you with Services based on orders, such provision of Services is regulated by contractual terms provided to you. In case of discrepancies between such terms and this Policy, this Policy is supplementary.

(K)  Cookies

A cookie is a small file that is placed on your device when you visit a website (including our Websites). It records information about your device, your browser and, in some cases, your preferences and browsing habits. We may Process your Personal Data through cookie technology, in accordance with our Cookie Policy.

(L)   Terms of Use

All use of our Websites is subject to our Terms of Use.

(M)  Direct Marketing

Subject to applicable law, where you have provided explicit consent in accordance with the applicable law or where we are sending you advertising and marketing communications relating to our similar products and services, we may Process your Personal Data to contact you via email, telephone, direct mail or other communication formats to provide you with information or Services that may be of interest to you. If we provide Services to you, we may send information to you regarding our Services, upcoming promotions and other information that may be of interest to you, using the contact details that you have provided to us and always in compliance with applicable law.

You may unsubscribe from our promotional email list or newsletters at any time by simply clicking on the unsubscribe link included in every email or newsletter we send. After you unsubscribe, we will not send you further emails, but we may continue to contact you to the extent necessary for the purposes of any Services you have requested.

(N)  Contact details

If you have any comments, questions or concerns about any of the information in this Policy, or any other issues relating to the Processing of Personal Data by KLDiscovery, please contact the appropriate contact named below:

The Controllers in respect of whom this policy is issued are as follows: 

Please note that, where a Controller is listed outside the European Union, you may contact the entity in your jurisdiction. 

(N) Definitions

• ‘Controller’ means the entity that decides how and why Personal Data is Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
• ‘Data Protection Authority’ means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
• ‘EEA’ means the European Economic Area.
• ‘Personal Data’ means information that is about any individual, or from which any individual is identifiable. Examples of Personal Data that we may Process are provided in Section (B) above.
• ‘Process’, ‘Processing’ or ‘Processed’ means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• ‘Processor’ means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
• ‘Services’ means any services provided by KLDiscovery.
• ‘Sensitive Personal Data’ means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that may be deemed to be sensitive under applicable law.

September 1, 2020