This Privacy Shield Policy (the “Policy”) details the practices Kivu Consulting, Inc. and its European subsidiary Kivu Netherlands B.V. (collectively, “Kivu Consulting”) have established in order to maintain an adequate level of Personal Data (as defined below) privacy protection to comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework established by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data of European and Swiss Data Subjects transferred from the European Union (the “EU”) and Switzerland, respectively, to the United States.
Kivu Consulting has certified that it adheres to the Privacy Shield Privacy Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, recourse, enforcement and liability. If there is any conflict between the policies in this Policy and the Privacy Shield Privacy Principles, the Privacy Shield Privacy Principles shall govern. To learn more about the Privacy Shield programs, and to view our certification page, please visit https://www.privacyshield.gov.
The practices set forth in this Policy apply to the processing of Personal Data of European or Swiss Data Subjects that Kivu Consulting receives from within the EU or Switzerland, respectively. The practices set forth in this Policy do not cover data from which individual persons cannot be identified or situations in which pseudonyms are used. The use of pseudonyms involves the replacement of names or other identifiers with substitutes so that identification of individual persons is not possible.
II. Responsibilities and Management
All Kivu Consulting employees who handle Personal Data of European and Swiss Data Subjects received from within the EU or Switzerland are required to comply with this Policy. Kivu Consulting personnel will receive training, as applicable, to effectively implement this Policy.
Kivu Consulting has designated its General Counsel to oversee its compliance with this Policy, and also with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks more broadly. In furtherance of that responsibility, the General Counsel will review and approve any material changes to this Policy as necessary or appropriate. Any questions, concerns, or comments regarding this Policy may also be directed to email@example.com.
III. Collection and Use of Personal Data
Personal Data of European or Swiss Data Subjects may be collected from within the EU or Switzerland by Kivu Consulting’s individual and corporate clients and/or their legal counsel, or by Kivu Consulting on their behalf, in connection with any of the following services: incident response, digital forensics, data recovery, electronic discovery, penetration testing, pre-emptive security analysis, insider threat detection, due diligence and strategic research and/or related specialty consulting services. Typically any Personal Data of European or Swiss Data Subjects come into the possession of Kivu Consulting only because such Personal Data resides in a data set that Kivu Consulting has collected or received during its investigation of a cyber intrusion, theft of confidential information, or prevention of such security incidents. It is Kivu Consulting’s policy that, subject to legal requirements, all data collected or received during an assignment shall be securely deleted upon completion of the assignment and any Personal Data contained in such collected data shall not be accessed or used other than is strictly necessary for the completion of the assignment.
With the exception of Sensitive Personal Data, addressed below, Personal Data collected from European and Swiss Data Subjects that Kivu Consulting receives from within those jurisdictions may be used to:
- provide products and services to individual and corporate clients and comply with its contractual obligations related thereto;
- send promotional materials, newsletters and other communications, and to respond to inquiries;
- create and manage individuals’ accounts with Kivu Consulting;
- announce, organize events, programs, updates and new service offerings;
- operate, evaluate and improve Kivu’s business;
- protect against, identify and prevent fraud, copyright infringement and other criminal activity; and
- comply with and enforce applicable legal requirements, relevant industry standards and Kivu Consulting’s policies.
If Kivu Consulting receives Sensitive Personal Data of European or Swiss Data Subjects from within the EU or Switzerland, we will not use that information for any purpose other than that for which the information originally was collected or we otherwise have authorization, unless the Data Subject provides prior, explicit consent.
As noted above, Kivu Consulting may receive Personal Data of European or Swiss Data Subjects from within the EU or Switzerland in our role as a service provider to individual and corporate clients and/or their legal counsel. In such cases, we are acting as a data processor and will process the personal information on behalf of and under the direction of Kivu’s client.
IV. Disclosures / Onward Transfers of Personal Data
Except as otherwise provided herein, Kivu Consulting discloses Personal Data of European and Swiss Data Subjects received from within the EU or Switzerland only to third parties who reasonably need to know such data in connection with the purpose for which it was received, and not for other purposes. Such recipients must agree to abide by confidentiality obligations.
Kivu Consulting may provide Personal Data of European and Swiss Data Subjects received from within the EU or Switzerland to Kivu Consulting’s affiliates, consultants, vendors and service providers who assist us in providing services and support related to our business operations and customer engagements. For example, Kivu Consulting may store such Personal Data in the facilities operated by third parties. Such third parties must agree to use such Personal Data only for the purposes for which they have been engaged by Kivu Consulting and they must either:
- comply with the Privacy Shield Privacy Principles or another mechanism permitted by the applicable EU & Swiss data protection law(s) for transfers and processing of Personal Data; or
- agree to provide adequate protections for the Personal Data that are no less protective than those set out in this Policy.
In each such instance, Kivu Consulting remains responsible and liable under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Privacy Shield Framework, unless Kivu Consulting proves that it is not responsible for the event giving rise to the damage.
Kivu Consulting also may disclose Personal Data for other purposes or to other third parties when a Data Subject has consented to or requested such disclosure.
European and Swiss Data Subjects whose Personal Data is stored or processed by Kivu Consulting may choose whether their Personal Data is (i) disclosed to a third party or (ii) used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the Data Subjects. Individuals may inform Kivu Consulting of their choice, including requesting opting out of disclosure of their Personal Data to a third party or its use for a materially different purpose, by submiting a written request to firstname.lastname@example.org.
Kivu Consulting may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
V. Data Integrity and Security
Kivu Consulting uses reasonable efforts to maintain the accuracy and integrity of Personal Data of European and Swiss Data Subjects received from within the EU or Switzerland and updates it as appropriate. As part of those efforts, Kivu Consulting has implemented physical and technical safeguards to protect such Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. For example, electronically stored Personal Data of European and Swiss Data Subjects received from within the EU or Switzerland is stored on a secure network with firewall protection, and access to Kivu Consulting’s electronic information systems requires user authentication via password or similar means. Kivu Consulting also employs access restrictions, limiting the scope of employees who have access to such Personal Data.
Further, Kivu Consulting uses secure encryption technology to protect certain categories of Personal Data of European or Swiss Data Subjects received from within the EU or Switzerland, respectively. Kivu Consulting will maintain, monitor, test, and upgrade information security policies, practices, and systems as it believes is necessary to assist in protecting Personal Data of European and Swiss Data Subjects.
VI. Right to Access, Change or Delete Personal Data
Right to Access. European and Swiss Data Subjects whose Personal Data is received by Kivu Consulting from within the EU or Switzerland have the right to know what Personal Data about them is included in databases maintained by or on behalf of Kivu Consulting, and to ensure that such Personal Data is accurate and relevant for the purposes for which Kivu Consulting collected it. Such individuals may review their own Personal Data stored in said databases and correct, erase, or block any data that is incorrect, as permitted by applicable law and Kivu Consulting policies. Upon reasonable request and as required by the Privacy Shield Privacy Principles, Kivu Consulting allows European and Swiss Data Subjects whose Personal Data was received by Kivu Consulting from within the EU or Switzerland to access to their Personal Data, to correct or amend such data where inaccurate. In making modifications to such Personal Data, Data Subjects must provide only truthful, complete, and accurate information. To request erasure of Personal Data of European Data Subjects whose Personal Data was received by Kivu Consulting from within the EU, please submit a written request to email@example.com.
Requests for Personal Data. Kivu Consulting will track each of the following and will provide notice to the appropriate parties under law and contract when either of the following circumstances arise: (a) legally binding request for disclosure of the Personal Data of European or Swiss Data Subjects received from within the EU or Switzerland by a law enforcement authority unless prohibited by law or regulation; or (b) requests received from a Data Subject. If Kivu Consulting receives a request for access from a Data Subject to his/her Personal Data where Kivu Consulting is storing and/ or processing the said data on behalf of an individual or corporate client of Kivu Consulting and/or their legal counsel, then, unless otherwise required under law or by contract with such client, Kivu Consulting will refer such Data Subject to said individual or corporate client and/or their legal counsel.
Satisfying Requests for Access, Modifications, and Corrections. Kivu Consulting will endeavor to respond in a timely manner to all reasonable written requests to view, modify, or inactivate Personal Data of European and Swiss Data Subjects received from within the EU or Switzerland.
VII. Enforcement and Dispute Resolution
In compliance with the Privacy Shield Privacy Principles, Kivu Consulting commits to resolve complaints about your privacy and our collection or use of your personal information. Persons with questions or concerns about the use of their Personal Data should first contact us at: firstname.lastname@example.org.
In addition, Kivu Consulting has agreed to participate in the following independent dispute resolution procedure in the investigation and resolution of complaints to resolve disputes pursuant to the Privacy Shield Principles:
JAMS – Information about how to file a complaint with the JAMS Privacy Shield program can be found at: https://www.jamsadr.com/eu-us-privacy-shield
Finally, as a last resort and in limited situations, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
The Federal Trade Commission (“FTC”) has jurisdiction over Kivu Consulting’s compliance with the EU-U.S. Privacy Shield Framework as well as the Swiss-U.S. Privacy Shield Framework.
VIII. Renewal / Verification
Kivu Consulting will renew its EU-U.S. and Swiss-U.S. Privacy Shield certifications annually, unless it subsequently determines that it no longer needs such certifications or if it employs a different adequacy mechanism.
Prior to the re-certification, Kivu Consulting will conduct an in-house verification to ensure that its attestations and assertions with regard to its treatment of Personal Data of European and Swiss Data Subjects received from within the EU or Switzerland are accurate and that the company has appropriately implemented these practices. Specifically, as part of the verification process, Kivu Consulting will undertake the following:
- Ensure that this Policy continues to comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework;
- Confirm that individuals who reside within the EU and Switzerland are made aware of the process for addressing complaints and any independent dispute resolution process (Kivu Consulting may do so through its publicly posted website, client contract, or both); and
- Review its processes and procedures for training Employees about Kivu Consulting’s participation in the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, and the appropriate handling of Personal Data of European and Swiss Data Subjects received from within the EU or Switzerland.
Kivu Consulting will prepare an internal verification statement on an annual basis.
IX. Defined Terms
“Data Subject” means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics.
“European Data Subject” means a Data Subject who resides in the European Union.
“Swiss Data Subject” means a Data Subject who resides in Switzerland.
“Personal Data” as defined under the European Union Directive 95/46/EC means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available.
“Sensitive Personal Data” means Personal Data that discloses a Data Subject’s medical or health condition, race or ethnicity, political, religious or philosophical affiliations or opinions, ideological views or activities, sexual orientation, trade union membership, or administrative or criminal proceedings and sanctions which are treated outside pending proceedings.