KYC Global Technologies Limited

This policy was last updated on 23rd May 2018

INTRODUCTION  

Welcome to KYC Global Technologies Limited’s (KYC Global) privacy notice.

KYC Global respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

When we refer to ‘we’ (or ‘our’ or ‘us’), that means KYC Global Technologies Limited, a company incorporated in Jersey, Channel Islands (company number 120738) and all its wholly owned subsidiaries. KYC Global Technologies owns and operates the products known as “kyc360.com”, “RiskScreen Core”, “RiskScreen Hosted Batch”, “RiskScreen Onsite Batch” and “Panoptic”.

This notice applies across all websites that we own and operate and all services we provide. For the purpose of this notice, we’ll just call them our ‘services’.

When we say ‘personal data’ we mean identifiable information about you, like your name, email, address, telephone number, payment information, support queries and so on. If you can’t be identified (for example, when personal data has been aggregated and anonymised) then this notice doesn’t apply.

For European Union data protection purposes, when we act as a controller in relation to your personal data, we promise to meet internationally recognised standards of personal privacy protection by complying with the Data Protection (Jersey) Law 2018 (the Law). Please refer to https://oicjersey.org/ for further details and guidance.

PURPOSE OF THIS PRIVACY NOTICE 

This privacy notice aims to give you further information about how KYC Global collects and processes your personal data through your use of this website, including any data you may provide through this website when you buy a product, use our website, or request information about our products and services.   You should read this notice in addition to the individual data collection statements provided at the point of data collection.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or data collection statement we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

CONTROLLER 

We are the data controller and responsible for your personal data.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

CONTACT DETAILS

Our full details are:

Full name of legal entity: KYC Global Technologies Limited (company number 120738)

Name or title of data privacy manager: Neal King

Email address: privacy@kycglobal.com

Postal address: 108 Halkett Place, St Helier, Jersey JE2 4WH, Channel Islands

Telephone number: +44 1534 816444

Should you have a question or feedback regarding the way in which we have processed your data, please contact our data privacy managers via email on privacy@kycglobal.com    

If we do not resolve the matter to your satisfaction, you have the right to make a complaint to the Office of the Information Commissioner, the Jersey supervisory authority for data protection issues (www.oicjersey.org). They can be contacted at the following address: Brunel House, Old Street, St. Helier, Jersey JE2 3RG.

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES 

This version was last updated on 22 May 2018 and historic versions can be obtained by contacting us.

We may need to update this notice from time to time. Where a change is significant, we’ll make sure we let you know – usually by sending you an email.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

THIRD-PARTY LINKS 

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

THE DATA WE COLLECT ABOUT YOU 

When you visit our website or use our services, we collect personal data.  Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our group companies and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for business analytical purposes. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice and related data collection statements.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

IF YOU FAIL TO PROVIDE PERSONAL DATA 

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

HOW IS YOUR PERSONAL DATA COLLECTED? 

We use different methods to collect data from and about you including:

Directly

You may give us your Identity, Contact and Financial Data by filling in forms, or by corresponding with us digitally (via our webpages or social media), by post, phone, email or otherwise. This includes personal data you provide when you:

  • apply for our products or services;
  • create an account on our website;
  • subscribe to our service or publications;
  • request marketing information to be sent to you;
  • download some of our resources (e.g. guides or promotional material such as our brochures); or
  • attend one of our events.

If you don’t want to provide us with your personal data, you don’t have to but it might mean that you can’t use some parts of our websites or services.

Automatically

As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.

Cookies are pieces of data created when you visit a site, and contain a unique, anonymous number. They do not contain any personal information about you and cannot be used to identify an individual user. You can choose not to accept cookies by changing the settings in your Internet Browser – refer to your Browser’s help files for instructions. Please be aware that if you decline the use of cookies set by KYC Global you will be unable to access our sites. You can also delete any cookies from your computer – refer to your Internet Browser’s help files. KYC Global may use session cookies where necessary for the functionality of our websites. Session Cookies are temporary, and are used only during a browsing session. When you close your browser the session cookie set by the web site is destroyed and no personal information is held which might identify you. KYC Global may also use tracking cookies, again these do not hold any personal information. Tracking cookies do not automatically delete when you close your browser window but you can remove them manually after each session. Cookies help us to understand how users progress through our site allowing us to deliver better products to you over time.

We also use Google Analytics, which is a web service provided by Google.  Google utilises the data collected to track and examine the use of www.kyc360.com, www.RiskScreen.com and www.panopticrisk.com to prepare reports on their activities and share them with other Google services.  Google may use the data collected to contextualise and personalise the ads of its own advertising network.

No Google Analytics or other third party provided analytical solutions are used in respect of the RiskScreen screening tools, including any related results generated by searches and no digital footprint is left as a result of use of the screening tools.

Third parties or publicly available sources

The majority of the information that we collect is collected directly from you.  However, we may receive personal data about you from trusted third parties and public sources as set out below:

  • Identity and Contact Data from marketing and research partners based outside the EU, and /or data brokers or aggregators such as CT Consultancy Ltd. based inside the EU.
  • Identity and Contact Data from publicly availably sources.

THE LAWFUL BASIS FOR PROCESSING YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform a contract we are about to enter into or have entered into with you or to take steps at your request before entering into such a contract.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by Contacting Us.

  • Where we need to comply with a legal or regulatory obligation. This means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by Contacting Us.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA 

We primarily use your data to operate our websites and provide you with any services you’ve requested, and to manage our relationship with you.

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please Contact Us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To register you as a new customer and/or deal with queries from existing customers which may include contact by telephone or email or both. (a) Identity
(b) Contact
Performance of a contract with you
To process and deliver a service to you online including:
(a)   Manage payments, fees and charges
(b)   Collect and recover money owed to us
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy.
(b) Asking you to leave a review or take a survey
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
(b) Contact
(c) Technical
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communication
(f) Technical
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences (a) Technical
(b) Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you, including by telephone. (a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
Necessary for our legitimate interests (to develop our products/services and grow our business)

PROMOTIONAL OFFERS FROM US 

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased services from us or if you have requested to access or download a resource from us and, in each case, you have not opted out of receiving that marketing.

THIRD-PARTY MARKETING 

We will not share your personal data for marketing purposes with any company outside the KYC Global group of companies.

OPTING OUT 

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by Contacting Us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase.

CHANGE OF PURPOSE 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please Contact Us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, only where this is required or permitted by law.

DISCLOSURES OF YOUR PERSONAL DATA 

We may have to share your personal data with authorised third parties in accordance with our standard contractual terms where you have purchased a service.

We will only disclose your personal data to:

  • other companies in the KYC Global group of companies;
  • third party service providers and partners who assist and enable us to use the personal data to, for example, support delivery of or provide functionality on the website or services, or to market or promote our goods and services to you;
  • regulators, law enforcement bodies, government agencies, courts or other third parties where we think it’s necessary to comply with applicable laws or regulations, or to exercise, establish or defend our legal rights. Where possible and appropriate, we will notify you of this type of disclosure;
  • third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets may lawfully be provided with controlled access to your data. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice; and/or
  • other people where we have your consent.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

In relation to searches performed using the RiskScreen screening tool, under no circumstances will search terms entered by users, or search reports generated by users, be disclosed to any third party except where disclosure is required by law or is necessary for the performance of a search. Where terms are supplied to third parties (e.g. Google) to enable the performance of a search, they are not accompanied by any information which would enable that third party to identify the user/organisation who/which has submitted them to RiskScreen. Matching of search terms against sanctions lists is carried out against lists held within RiskScreen’s own proprietary database environment, and does not involve any transmission of data to third party list providers.

INTERNATIONAL TRANSFERS 

Personal data we collect from you when you access this website or which you provide to us in the course of using our other services or products may be transferred outside of the EEA. Any such transfer of your personal data outside of the EEA is governed by the contract we have in place with you to provide you with those services or products.

Whenever we transfer your personal data out of the EEA, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission or to a third party where we have approved transfer mechanisms in place to protect your personal data – i.e., by entering into the European Commission’s Standard Contractual Clauses.
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

DATA SECURITY 

We are committed to protecting your personal data and have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

DATA RETENTION—HOW LONG WILL YOU USE AND HOLD MY PERSONAL DATA FOR? 

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you may be able to ask us to delete your data: see below for further information on the “right to erasure”.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

YOUR LEGAL RIGHTS 

You have rights under the Law in relation to your personal data. You have the right to:

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (1) if you want us to establish the data’s accuracy; (2) where our use of the data is unlawful but you do not want us to erase it; (3) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (4) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please Contact Us by using the details provided above.

For more information about your rights in relation to the Law, please see the following link:

https://oicjersey.org

NO FEE USUALLY REQUIRED 

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU 

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND 

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.