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- “Aggregated Data” includes all data (including without limitation, demographics, metadata, behaviour and other raw data collection based on (but not including) Personal Data, User Data, Public Information and other information provided to KPMGI by a User) which is compiled and analyzed on an aggregated basis.
- “GDPR” means the European Union General Data Protection Regulation.
- “Personal Data” has the meaning given to the term in the GDPR.
- “Unsolicited Information” includes any comments, ideas, suggestions, or concepts for new services or products or modifications or improvements to existing services or products and all other unsolicited communications. Personal Data included in Unsolicited Information will be handled in the manner set forth in these Terms.
- “User Data” includes all information collected from Users of the Site that is not Personal Data, including, by way of example, Aggregated Data and statistical information on Site usage.
- “Public Information” means any information about a person generally available to anyone due to the nature of such information or disclosed by that person into the public domain including any information a person provides on any social media platform including Twitter, Facebook, LinkedIn, etc.
III. What Information Do We Collect?
Information That You Give Us:
- We may collect Public Information and/or Personal Data that may include Your name, e-mail, phone number, mailing address or similar information from You when You voluntarily choose to access to the Site.
- If a User provides an email address to Us (or a User registers on any of Our Sites), We may create a profile that may include one or more of Your name, mailing address, e-mail address, telephone numbers, job title, age and other information that You provide. We may combine all or parts of such information with data gathered from other sources about You or other users as well as any Public Information a person has published.
Personally Non-Identifiable Information:
Passively Collected User Data:When You interact with KPMGI through the Site, We receive and store certain “User Data.” Such User Data is typically collected passively and is not used to specifically identify You. KPMGI may store such User Data itself or it may be stored in databases located in data centers owned and maintained by KPMGI's affiliates, agents or service providers. KPMGI retains all rights to these databases and the information contained in them. This information may be pooled with other information to track, for example, the total number of visitors to Our Site, the number of visitors to each page of Our Site, how long a User took to browse a page, the keywords Users used to find Our Site and the domain names or IP addresses of Users’ Internet service providers. We also may disclose User Data in order to comply with applicable law or court orders. It is important to note that no Personal Data is intentionally available or used in this process except as may be required to comply with any law or regulation.
Aggregated Data:In an ongoing effort to better understand and serve Our Users, KPMGI oftentimes analyzes Site data using Aggregated Data. KPMGI may share this Aggregated Data with Member Firms within the KPMG network, affiliates, agents, customers, government agencies and business partners including without limitation, the United Nations (“UN”). This Aggregated Data does not intentionally identify You personally except as may be required to comply with any law or regulation. KPMGI also may disclose Aggregated Data in order to describe Our services to news media, current and potential business partners, and to other third parties for other lawful purposes.
Public Information:We, or our business partners, may obtain Public Information You or other people publish on social media platforms such as Twitter, Facebook, LinkedIn, etc. KPMGI may display such Public Information on the Site with or without connecting it to any Personal Data, User Data or Aggregated Data.
On most web browsers, You will find a “help” section on the toolbar. Please refer to that section for information on how to receive notification when You are receiving a new cookie and how You may turn cookies off. We recommend that You leave cookies turned on because they allow You to take advantage of some of the Site's features.
Ownership:KPMGI shall own all User Data including without limitation any Aggregated Data and no rights to such User or Aggregated Data are granted to any User including no rights to distribute in whole or in part, as original or as a derivative work and either internally or externally, commercially or not any such User Data or Aggregated Data.
IV. How Do We Use Your Personal Data and Other Information?
- We use the Personal Data that We collect to enable Us to provide You with a superior and customized experience on the Site and, if applicable, for follow up communications. KPMGI uses the Personal Data You submit for Our business purposes in a manner that is consistent with these Terms including providing customized solutions to You.
- KPMGI may use Your Personal Data to contact You in the future to tell You about, and to offer for sale, products or services We believe will be of interest to You. Where You have consented to us doing so, We will do this on the phone, through the post, by email, text message, online, using social media, push notifications via apps, or by any other electronic means.
- KPMGI may store such Personal Data itself or it may be stored in databases located in data centers owned, hosted and/or maintained by KPMGI's affiliates, agents or service providers (“Locations”). KPMGI retains its rights to these databases and the information contained in them. KPMGI also reserves the right to relocate any Personal Data to any Location at any time without notice.
- KPMGI and its affiliates or business partners also may use Your Personal Data, User Data and other information collected through the Site to help Us improve the content and functionality of the Site and to better understand the Users’ needs and preferences.
- KPMGI may display Public Information on the Site as it deems relevant to the topic(s) discussed on the Site.
- If at any time, You wish not to receive any future communications or to have Your name deleted from Our contact lists, You may follow the “unsubscribe” procedure included with any communication sent by us.
VI. Do We Share the Information that We Receive?
- KPMGI considers Your Personal Data to be a vital part of Our relationship with You. As such, We will only share information including Personal Data with business partiers that have agreed to be bound by the terms substantially similar to these Terms. If Your Personal Data is included in Public Information You have published, KPMGI may include such Personal Data to the extent such Personal Data was included in the Public Information You published. For example, if You publish a Twitter “tweet” that includes Your name and email address and We “re-tweet” Your “tweet,” We will include the same name and email address You included in Your original “tweet.”
- In addition, KPMGI, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples include mailing information, collecting and maintaining Our information collection servers or Sites, performing technology and related services, maintaining databases and processing responses to Site questions or issues. When We retain another non-affiliated company to perform a function of this nature, We seek to provide them with only the information that they need to perform their specific functions and We require them to protect Your Personal Data in accordance with these Terms, applicable law(s) and regulation(s) and KPMGI's restrictions.
There are also a limited number of circumstances in which We may share Your Personal Data and other information in Our possession with certain additional third parties without further notice to You, as set forth below:
Legal Requirements: KPMGI may disclose Your Personal Data, any User Data and other information in accordance with applicable laws or regulations. For example, this may include sharing Your Personal Data in order to:
- comply with a legal obligation;
- protect and defend the rights or property of KPMGI or its affiliates;
- act in urgent circumstances to protect the personal safety of participants of the Site or the public; or
- protect against legal liability.
- Legal Requirements: KPMGI may disclose Your Personal Data, any User Data and other information in accordance with applicable laws or regulations. For example, this may include sharing Your Personal Data in order to:
VII. Transfer of Your Personal Data Abroad
KPMGI may transfer Your Personal Data outside of the EEA to one of Our Locations or outside companies working with Us or on Our behalf for the purposes described in these Terms. KPMGI may also store Your Personal Data outside of the EEA. If We do this, Your Personal Data will continue to be protected by means of contracts We have in place with those organizations outside the EEA, which are in a form approved by the European Commission.
We keep Your Personal Data only for as long as We deem reasonably necessary for the purposes for which it was collected or to comply with any applicable internal, legal or regulatory reporting or document retention requirements.
IX. Your Rights
If You have submitted Personal Data to KPMGI, You have the following rights:
- Access and correction: You have the right to access to that Personal Data. This is sometimes called a ‘Subject Access Request.’ If You wish to exercise your right and We are required to meet Your request, We will provide it to You free of charge. Before providing Personal Data to You, We may ask for proof of identity and sufficient information about Your interactions with Us that We can locate Your Personal Data. If the Personal Data We hold about You is incorrect, You may ask us to correct any inaccuracies in such Personal Data.
- Object to processing: You have the right to object to us processing Your Personal Data if We are not entitled to use it any more, to have Your information deleted if We are keeping it too long or have its processing restricted in certain circumstances. You can make a request or exercise these rights by contacting KPMGI at firstname.lastname@example.org and We will make all reasonable and practical efforts to comply with Your request, so long as it is consistent with applicable law and professional standards.
- In certain circumstances, KPMGI may decline to provide access to Personal Data, for example where the provision of such information would be impossible or would involve disproportionate effort or where prevented by applicable law and/or professional standards.
- KPMGI may not respond to repetitious or unreasonable requests for access. In determining whether a request is repetitious or unreasonable, We will consider such factors as the frequency with which information is updated, the purpose for which the information is used, and the nature of the information as well as the frequency and substantially similar scope of Your requests.
X. Updates and Corrections
Please note that although We will make reasonable efforts make the change promptly after receiving a request to update, correct or delete Personal Data, it is not always possible to complete the process before additional communications are distributed. Even if You have requested removal of Your Personal Data from Our lists, KPMGI reserves the right to retain it in Our files in some limited circumstances such as when such Personal Data may be necessary to honor Your request to opt out of further communications, resolve disputes, troubleshoot problems or to confirm compliance with applicable laws and regulations. If KPMGI is required to retain any portion of the Personal Data for such purposes, KPMGI shall use reasonable efforts to limit such Personal Data to what is necessary to accomplish the particular purpose. Further, You acknowledge that due to technical constraints and the fact that We back up Our systems, Personal Data may continue to reside in Our systems in whole or in part even after deletion. Therefore, You should not expect that Your Personal Data will be completely removed from Our systems in response to Your request.
XI. Public and Unsolicited Information
- These Terms shall not apply to Public Information You provide to KPMGI through this Site or KPMGI obtains through any other means (including information You submit to social media systems such as Twitter, Facebook, LinkedIn, etc), except to the extent it is Personal Data. If You include Personal Data in such Public Information, We will use such Personal Data only as provided herein. In the event You provide any Personal Data in a forum accessible to third parties or the public (including social media systems such as Twitter, Facebook, LinkedIn, etc), the use and disclosure of that information by others including those accessing the Site is not monitored or controlled in any way by KPMGI. Their activities are not governed by these Terms and KPMGI bears no liability related to such use or disclosure of Your Personal Data. Further, if You provide KPMGI with information You have posted on any social media platform, You agree KPMGI shall treat such information as Public Information.
- In addition, if You submit unsolicited Personal Data, We will use it as provided herein. However, the other information included in such unsolicited submission is not covered by these Terms.
- Please note that, as set forth above, these Terms do not apply to the providing or use of certain Personal Data other than through the Site nor to the providing or use of Personal Data of past or present employees of, or consultants engaged by, KPMGI or its Member Firms, for employment or benefits administration purposes, both of which are governed by KPMGI Policies designed for those respective purposes.
XII. Links to Other Websites:
These Terms apply only to this Site. This Site may frame or contain references or links to other KPMGI web sites as well as other web sites not operated or controlled by KPMGI (the “Third Party Sites”) none of which such Third Party Sites are governed by the policies and procedures We describe here. The links from this Site do not imply KPMGI's review or endorsement of the Third Party Sites. We suggest that You contact those Third Party Sites directly for information on their privacy, security, data collection and distribution policies.
KPMGI takes reasonable steps to protect any Personal Data You provide to Us and to protect such information from misuse, and unauthorized access, disclosure or alteration. Unless otherwise stated on the relevant page of the Site, KPMGI uses general security standards in accordance with its own security policies but has not taken additional action to secure data provided to its sites, and such transmissions are subject to normal Internet security risks. No Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from this Site may not be secure, and You should therefore take special care in deciding what information You send to Us. Please keep this in mind when disclosing any Personal Data to KPMGI or to any other party via the Internet. Moreover, when You use passwords, ID numbers, or other special access features on this Site, it is Your responsibility to safeguard them.
If You are under the age of eighteen (18), please do not participate in the Site and please do not provide Us with any information whether or not Personal Data. This Site is not directed at children and is designed solely for individuals who are eighteen (18) years of age or older. Should an individual whom We know to be under eighteen (18) send Personal Data to Us, We will not intentionally retain such information except that, in certain instances, We will use that information to satisfy Our obligations under any applicable laws or regulations and, if applicable, to respond directly to the individual to inform him or her that We do not accept Personal Data from persons under eighteen (18). If You are aware that a person under eighteen (18) has provided Personal Data to Us, please contact Us as set out below.
XV. How to Contact KPMGI:
Please also feel free to contact Us if You have any questions about these Terms or the information practices of this Site. You may contact Us as follows:
- Attention: Privacy Officer
In any event, You always have the right to lodge a complaint with the UK regulator in charge of protecting Personal Data, the Information Commissioner.
XVI. Policy Changes
- KPMGI reserves the right to update or modify the Terms at any time and from time to time upon notice provided by KPMGI by updating the “Last Update” date in the heading of these Terms.
- You should review these Terms each time You provide any Personal Data or begin participating after the Last Update date has changed. If You do not understand or agree with any changes to these Terms, You should not continue to participate in the Site.
- Unless expressly stated otherwise, the findings, interpretations and conclusions expressed on this Site are those of the various users who access the Site and do not represent the views of KPMGI or any of its business partners.
- All information provided on this Site is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement. KPMGI and its business partners specifically do not make any warranties or representations as to the accuracy or completeness of any such information. Under no circumstances shall KPMGI or any of its business partners be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of this Site, including, without limitation, any fault, error, omission, interruption or delay with respect thereto. The use of this Site is at the User’s sole risk. Under no circumstances, including but not limited to negligence, shall KPMGI or any of its business partners be liable for any direct, indirect, incidental, special or consequential damages, even if KPMGI or its business partners has been advised of the possibility of such damages.
- The User specifically acknowledges and agrees that KPMGI and or its business partners shall not liable for any conduct of any users of its site including the User.
- This Site may contain advice, opinions and statements of other users, various information providers or third parties located on other sites. KPMGI and its business partners do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by entity other than itself. Reliance upon any such advice, opinion, statement, or other information shall also be at the User’s own risk. Neither KPMGI nor any of its business partners (nor any of their respective agents, employees, information providers or content providers), shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, deletion, defect, alteration of or use of any content herein, or for its timeliness or completeness, nor shall they be liable for any failure of performance, computer virus or communication line failure, regardless of cause, or for any damages resulting therefrom.
- As a condition of use of this Site, the User agrees to indemnify KPMGI and its business partners from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable attorneys’ fees) arising out of the User’s use of this Site, including, without limitation, any claims alleging facts that if true would constitute a breach by the User of these Terms. If the User is dissatisfied with this Site or with any of its Terms, the User’s sole and exclusive remedy is to discontinue using the Site.
- This Site may contain links and references to third-party web sites. The linked sites are not under the control of KPMGI and KPMGI is not liable or responsible for the content of any linked site or any link contained in a linked site. KPMGI provides these links only as a convenience, and the inclusion of a link or reference does not imply the endorsement of the linked site by KPMGI.
If this Site contains bulletin boards, chat rooms, social media feeds or redistributions (including Twitter, Facebook, LinkedIn, etc), access to mailing lists or other message or communication facilities (collectively, “Forums”), the User agrees to use the Forums only to send and receive messages and materials that are proper and related to the particular Forum. By way of example and not as a limitation, the User agrees that when using a Forum, he or she shall not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
- Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless the User owns or controls the rights thereto or has received all consents therefor as may be required by law;
- Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
- Falsify the origin or source of software or other material contained in a file that is uploaded;
- Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.
- The User acknowledges that all Forums and discussion groups are public and not private communications. Further, the User acknowledges that chats, postings, conferences, e-mails and other communications by other Users are not endorsed by KPMGI or any of its business partners, and that such communications shall not be considered to have been reviewed, screened or approved by KPMGI or its business partners. KPMGI reserves the right to remove, for any reason and without notice, any content of the Forums received from Users, including, without limitation, e-mail and bulletin board postings.
- Failure by KPMGI to enforce its rights in one or more instances shall not be deemed a waiver by KPMGI to enforce its rights in other instances.
- KPMGI reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site. KPMGI shall have no obligation to take the needs of any User into consideration in connection therewith.
- KPMGI reserves the right to deny in its sole discretion any user access to this Site or any portion thereof without notice.
END OF TERMS