Last Revision Date: January, 2019
(A) This Policy
This Policy is issued by the entities listed in Section M 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, and other users of our Services (together, “you”). Defined terms used in this Policy are explained in Section (N) below.
For the purposes of this Policy, KLDiscovery is the Controller of your Personal Data. Contact details are provided in Section (M) 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).
• 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.
(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
(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 (and except for transfers from the EEA or Switzerland to the U.S.) on the basis of Standard Contractual Clauses. You may request a copy of our Standard Contractual Clauses using the contact details provided in Section (M) below.
Where we transfer Personal Data from the EU or from Switzerland to the USA, we do so under the EU–U.S. Privacy Shield Framework and the Swiss–U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce, respectively. We have certified to the U.S. Department of Commerce that we adhere to the Privacy Shield principles. If, in respect of the transfer of Personal Data from the EU or Switzerland to the U.S. under our Privacy Shield certification, there is any conflict between the terms in this 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, please visit https://www.privacyshield.gov/.
We are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) with regard to the Privacy Shield principles. In compliance with the EU–U.S. and Swiss–U.S. Privacy Shield principles, we commit to resolve complaints about your privacy and our Processing of your Personal Data. For inquiries or complaints regarding this Policy please first contact us using the contact information in Section (M) below. We have further committed to refer unresolved privacy complaints under the EU–U.S. and Swiss–U.S. Privacy Shield principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the USA 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. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield panel.
In cases of onward transfer to third parties of personal data of individuals residing in the EU which was received by KLDiscovery and is subject to the EU-US Privacy Shield or individuals residing in Switzerland and which was received by KLDiscovery and is subject to the Swiss – US Privacy Shield, it is expressly noted that the requirements set out in Section C (Disclosure of Personal Data to third parties) applies to such transfers.
(E) 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.
(F) 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.
(G) 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).
(H) 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),
Once the periods above, each to the extent applicable, have concluded, we will permanently delete or destroy the relevant Personal Data.
(I) 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:
o erasure of your Personal Data that we Process or control; or
o 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.
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 (M) 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.
(L) 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.
(M) 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:
|Country||Corporate Name||Registered Address and Contact|
KLDiscovery Ontrack Limited
|UK Data Privacy Queries, Global House, 1 Ashley Avenue,|
Epsom, Surrey, KT18 5AD
|UK Data Privacy Queries, Nexus,|
25 Farringdon Street, London, EC4A 4AB
|Irish Data Privacy Queries, Unit 719, Kilshane Drive,|
Northwest Business Park, Ballycoolin, Dublin 15
|Denmark||Ibas Ontrack ApS|
Danish Data Privacy Queries, Nordre Strandrej 119A,
|Finland||Ibas Ontrack Oy|
Finnish Data Privacy Queries, Lakkisepante 11,
|Netherlands||KLDiscovery Ontrack B.V||Dutch Data Privacy Queries, Gustav Mahlerlaan 310 D,|
FOZ building 4th.floor Unit 4, 1082ME Amsterdam
|Sweden||Ibas Ontrack AB|
Swedish Data Privacy Queries,
|Norway||Ibas Ontrack AS||Norwegian Data Privacy Queries, Fjellgata 2,|
|Germany||KLDiscovery Ontrack GmbH|
German Data Privacy Queries, Geschäftsanschrift: Hanns-Klemm-Str. 5,
|KLDiscovery Ontrack Srl|
Italian Data Privacy Queries, GALLARATE (VA)
|Poland||KLDiscovery Ontrack Sp. z o.o|
Polish Data Privacy Queries, Katowice (40-082),
|Singapore||KLDiscovery Ontrack Pte Ltd|
Singapore Data Privacy Queries, 3 International Business Park #02-27,
|Kroll Ontrack Information Technology Service (Shanghai) Co., Ltd|
Chinese Data Privacy Queries, Room 1004, Floor 10
|KLDiscovery Ontrack (HK) Limited - Japan Branch|
Japanese Data Privacy Queries, 24F, 1-7 Uchisaiwaichido 1 chome,
|Hong Kong||KLDiscovery Ontrack (HK) Limited|
Hong Kong Data Privacy Queries, Room 1702, 17/F Central Plaza
|Spain||Kroll Ontrack Iberia SL|
Spanish Data Privacy Queries, C/Anabel Segura 7, 1ª planta, oficina B,
|KLDiscovery Ontrack Sarl|
French Data Privacy Queries, 2, impasse de la Noisette,
Kroll Ontrack (Switzerland) GmbH
Swiss Data Privacy Queries, Hertistrasse 25, 8304 Wallisellen
KLDiscovery Ontrack Pty Ltd
|Australian Data Privacy Queries, 9/28 Donkin St,|
West End QLD 4101, Australia
|USA||LDiscovery, LLC||American Data Privacy Queries, Attn: Jason Davison,|
8201 Greensboro Drive, Suite 300, McLean, VA 22102-3810
|LDiscovery TX, LLC|
American Data Privacy Queries, Attn: Jason Davison,
|KLDiscovery Ontrack, LLC|
American Data Privacy Queries, Attn: Jason Davison,
|KLDiscovery Ontrack Franchise, LLC|
American Data Privacy Queries, Attn: Jason Davison,
|Canada||Kroll Ontrack Canada Co|
Canadian Data Privacy Queries, 1871 Hollis Street, Suite 200,
|India||KLDiscovery Private Limited|
Indian Data Privacy Queries, 4, Chandan Niwas (Old), M. V. Road, Off.Andheri Kurla Road, Opp.
Please note that, where a Controller is listed outside the European Union, you may contact the entity in your jurisdiction.
• ‘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.