This notice sets out how Clifton Fund Consulting Limited, KBA Investments Ltd and KBA Consulting Management Limited, each trading as KB Associates, (“KBA”) processes personal data. Please take the time to read it carefully. You have rights in relation to your personal data and in relation to how KBA processes such personal data. Those rights are set out below in this notice. This notice is effective as and from 25 May 2018.
Where your personal data provided to KBA as a result of your having provided such personal data to a member of KBA or your having a contractual relationship with KBA, then KBA, acting as a data controller (“Data Controller”), may itself, or through a third party service provider (“Data Processor”), process your personal data. Such personal data will be held in confidence and processed in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016) (“GDPR”), including any amendments thereto.
In connection with this processing, please note the following:
Purposes of Processing and Legal basis for processing
Your personal data may be processed by KBA or its Data Processors (or any of their affiliates, agents, employees, delegates or sub-contractors) for the following purposes:
- Legal Basis: Performance of the contract
- If you have entered into a contract for KBA to provide services to you, the processing of your personal data will be governed by the data protection provisions of that contract; and
- In order to carry out the services contemplated under such contract, KBA will need to collect personal data in order to seek and receive your instructions in relation to the services provided.
- Legal Basis: Compliance with a legal obligation to which KBA is subject, including but not limited to
- If you have entered into a contract for KBA to provide services to you, KBA will need to verify personal data provided to meet its legal and compliance obligations, including detecting and preventing money laundering, tax avoidance and financing of terrorism.
- Legal Basis: Pursuit of the Legitimate Interests of KBA
- KBA may process your personal data for our everyday business needs including accounting, internal reporting, market research, and fraud prevention. KBA’s legitimate interest in this regard is the effective management of its business; and
- KBA may also process your personal data to update you on industry developments and KBA developments, to request that you complete surveys and to invite you to KBA hosted or sponsored events. KBA’s legitimate interest in this regard is to keep its contacts informed of KBA developments.
Where the pursuit of the legitimate interests of KBA is indicated above to be the legal justification relied upon to process your personal data, a balancing test has been carried out to weigh the legitimate interests of KBA against the potential risks posed to your interests, fundamental rights and freedoms as a data subject, and it has been determined that the risks posed to your interests, fundamental rights and freedoms as a data subject are extremely limited and do not override the legitimate interests of KBA.
Where KBA or its delegates sends you marketing information, you have a right not to receive such information, and you can request not to receive such information by informing KBA using the contact information in this Data Protection Notice.
KBA and its Data Processors will retain your personal information for as long as required for KBA or its Data Processors to perform the contract you have entered into with KBA or to perform investigations in relation to the contract. The length of the retention period will be determined by such considerations as legal or regulatory obligations that require KBA or its Data Processors to retain your personal information, and applicable statutory limitation periods, whichever are longer. Where no contract has been entered into with KBA and your data is retained in pursuit of one of the legitimate interests noted above, your data will be retained for as long as such legitimate interests continue to be pursued.
Recipients of Data
KBA may disclose your personal information as follows:
- to its service providers, including Data Processors, and their affiliates, and other third party service providers engaged by KBA in order to process the data for the above mentioned purposes.
International Transfer of Data
KBA currently does not transfer personal data outside of the European Economic Area (EEA). If KBA does transfer personal data outside of the EEA at any time in the future, any such transfers are made in accordance with the requirements of Articles 44 to 49 of the GDPR.
Data Subject Rights
You have the following rights, in certain circumstances, in relation to your personal information:
- Right to access your personal information;
- Right to rectify your personal information;
- Right to restrict the use of your personal information (in certain specific circumstances);
- Right to request that your personal information is erased (in certain specific circumstances);
- Right to object to processing of your personal information (in certain specific circumstances);
- Right to data portability (in certain specific circumstances); and
- Right to lodge a complaint with a supervisory authority in the EU Member State of your habitual residence or place of work or in the place of the alleged infringement if you consider that the processing of personal data relating to you carried out by KBA or its Data Processors infringes the GDPR.
How to contact us
If you have any questions about our use of your personal information, please contact us by email at DataProtection@kbassociates.ie, by phone at +353 1 901 1671.