Portman Square Group Privacy Notice
Introduction
Portman Square Group LLC (“Company”, “PSG”, “we” or “us” “our”) is committed to complying with the applicable data privacy and security requirements in the jurisdictions in which it operates. PSG is committed to protecting your personal data (“your data”). This notice is to help you understand what data we collect, why we collect it and what we do with your data. We comply with internationally recognized standards of privacy protection, and with various privacy laws globally including, but not limited to, the GDPR.
This privacy notice is provided in accordance with the General Data Protection Regulation 2016/679 (“GDPR”), including any EU national laws implementing or supplementing the same, and any other applicable data protection laws (the “Data Privacy Laws”).
PSG provides due diligence, compliance, cybersecurity, forensics, business resilience, personnel screening, investigative, communications and other risk consultancy services to clients (collectively, “Services”). In this respect, the relevant PSG affiliate providing these services may act as a data processor or as a separate data controller depending on the service being provided and the amount of control PSG has over the purpose(s) and means of the data processing.
To the extent that PSG is deemed to be a data controller under Data Privacy Laws, this notice fulfills our obligation to provide certain information to third parties whose personal data we process in this capacity as required by Article 14 of the GDPR and the notice requirements set out in any other Data Privacy Laws for processing personal data which has been obtained indirectly.
If you are a California resident, please see our CCPA Privacy Policy to learn about your rights under the California Consumer Privacy Act.
It is important that you read this notice together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing your data so that you are fully aware of how and why we are using your data. This notice supplements the other notices or policies and is not intended to override them.
This notice is not intended for children. We do not collect data relating to children except where it is provided by you in the nature of an engagement with us.
Important information about who we are
The Company is a controller for the purposes of processing your data under your retainer with us and is responsible for all personal data received and held by the Company. We have appointed a data protection leader (DPL) who is responsible for overseeing questions in relation to this notice. If you have any questions about this notice, including any requests to exercise Your legal rights, please contact the DPL using the details set out below:
Full name of legal entity: Portman Square Group
Name or title of DPL: Brian Phillips
Email address: dataprotection@portmansquaregroup.com.
Postal address: 9 East 45th Street, 5th Floor, New York, NY 10017
Telephone number: +1 (212) 991-1900
If you have any queries, concerns or complaints about the use of your data by us, please raise them with the DPL. If this does not resolve the problem to your satisfaction, or, if you prefer to raise the issue with somebody else, then please speak to a member of our team who will deal with your complaint. You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the notice and your duty to inform us of the changes
This version was last updated in February 2021.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your data changes during your relationship with us.
1. THE DATA WE COLLECT ABOUT YOU
Personal data or personal information means any information about an individual from which that person can be identified which includes not only individuals in their personal or private capacity but also directors and owners of bodies corporate. It does not include data where a person’s identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of data about you which we have grouped together as follows:
Identity Details includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
Contact Details includes billing address, home address, email address and telephone numbers.
Financial Details includes bank account and payment card details
Matter Details includes any information you provide to us for the Performance of the Contract. For example, the investigation brief, results and related information or any other information concerning circumstance for the Performance of the Contract.
Transaction Details includes details about payments to and from you and other details of services you have purchased from us.
2. IF YOU OR ANY THIRD PARTY FAILS TO PROVIDE REQUIRED DATA
Where we need to collect your data (or any other person’s data) by reason of our legal obligations or for the performance of a contract and that data is not provided when requested, we may not be able to provide our services under our contract. In this case, we may have to cancel the Contract, but we will notify you if this is the case at the time.
3. HOW IS YOUR DATA COLLECTED?
We use different methods to collect data from and about you including through direct interactions. You may give us your Identity, Contact, and Financial Details by filling in forms, or by corresponding with us by post, phone, email, through our website or otherwise.
4. HOW WE USE YOUR DATA
We will only use your data when the law allows us to and in accordance with our obligations to our clients. Most commonly, we will use your data in the following circumstances:
In anticipation of and in connection with the performance of the 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.
Where we need to comply with a legal or regulatory obligation.
See “Purposes for which we will use your data” to find out more about the types of lawful basis that we will rely on to process your personal data.
5. PURPOSES FOR WHICH WE WILL USE YOUR DATA
We set out, in the below table, a description of all the ways we plan to use your 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 data for more than one lawful ground depending on the specific purpose for which we are using your data. Please email dataprotection@portmansquaregroup.com if you need details about the specific legal grounds.
6. CHANGE OF PURPOSE
We will only use your 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 email dataprotection@portmansquaregroup.com.
If we need to use your 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 data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
7. COOKIES
You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly.
8. DISCLOSURES OF YOUR DATA
We may have to share your data with the parties set out below for the purposes set out in “Purposes for which we will use your data” above.
Information sent using the contact emails on the “Contact Us” page are received by the staff of the Company.
Internal Third Parties as set out in the Glossary.
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. 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 data in the same way as set out in this notice.
We require all third parties to respect the security of your data and to treat it in accordance with the law. We do not allow our third-party service providers to use your data for their own purposes and only permit them to process your data for specified purposes and in accordance with our instructions.
9. INTERNATIONAL TRANSFERS
The Company is located outside of the European Economic Area (EEA), details of which can be found at our CONTACT PAGE. We may use your data where necessary in relation to the performance of the contract and this may involve transferring your data outside the EEA.
Whenever we transfer your data out of the EEA, we 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 data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
Where we use providers based in the US, we may transfer data to them if they are part of the EU-US Privacy Shield Framework which requires them to provide similar protection to personal data shared between Europe and the US.
Please email dataprotection@portmansquaregroup.com if you would like further information on the specific mechanism used by us when transferring your data out of the EEA.
10. DATA SECURITY
We have put in place appropriate security measures to prevent your data from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your 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.
11. DATA RETENTION
How long will you use my personal data?
We will only retain your data for as long as necessary to fulfill 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 your data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your data, the purposes for which we process your data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Please see our current Data Retention Policy below:
During the provision of our services we will retain your data for the performance of the contract. We are required by law to retain your data for certain periods after your contract with us has terminated. Unless expressly agreed otherwise with you, we will keep your data whether in original, copy or imaged form for the periods set out below after which time the Company may destroy or delete them and any copies or images of them.
Your data will be kept for certain periods after your contract with us has terminated. The periods for which we will retain your data depend on the business function under which we have provided our services to you. The periods are as follows:
Where the Company acts as a Data Controller, we will keep your data for a period of 6 years after your contract with us has terminated. Please note that we may keep your data for longer than the period stated above if it is necessary. However, this will be assessed on a case-by-case basis. If we determine that it is necessary to keep your data for longer than the period listed above, we will confirm this to you in writing at the end of our retainer with you and explain why it is necessary.
In circumstances where we act as Data Processor, we will only keep your data in accordance with your instructions and/or in accordance with any processing agreement in place between us.
Where the Company acts as Data Controller and your data is collected via the website (where you do not become our client), we will keep your data for a period of 6 months only.
Please note that our Data Retention Policy may be amended from time to time.
We will take all reasonable steps to destroy or erase your data that we no longer require in accordance with our applicable Data Retention Policy. This includes requiring third parties to delete such data where applicable.
12. YOUR LEGAL RIGHTS
You have the following rights under data protection laws in relation to your data, including:
Right to be informed: We will tell you what data is being collected, how it’s being used, how long it will be kept and whether it will be shared with any third parties.
Right of access: This enables you to receive a copy of the data we hold about you and to check that we are lawfully processing it.
Right of rectification: 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.
Right to be forgotten: This enables you to ask us to delete or remove your data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your 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 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.
Right to object: 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 your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Right to restrict processing: This enables you to ask us to suspend the processing of your data in the following scenarios:
You want us to establish the data’s accuracy;
Where our use of the data is unlawful but you do not want us to erase it;
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
You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Right of portability: We will provide to you, or a third party, your data in a structured, commonly used, machine-readable format. This right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.
Rights related to automated decision making including profiling: You are free to request a review of automated processing if you believe the rules aren’t being followed.
Right to withdraw consent: 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 email Portman Square Group at
dataprotection@portmansquaregroup.com.
13. NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your 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. We retain the right to refuse to comply with your request in these circumstances.
14. 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 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.
15. TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within 30 days. Occasionally it may take us longer 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.
16. GLOSSARY
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 data for our legitimate interests. We do not use your 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 emailing dataprotection@portmansquaregroup.com.
Performance of the Contract means processing your data where in connection with our obligations under our contract of retainer to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Consent means processing your data where you have given us clear consent to do so for a specific purpose.
Internal Third Parties means offices of the Company acting as joint controllers or processors and who are based in countries such as the United States of America and the United Kingdom.