Last updated 24th May, 2018
Advokaadibüroo KPMG Law OÜ (hereinafter “KPMG”), as controller is dedicated to protecting the confidentiality and privacy of information entrusted to them. As part of this fundamental obligation, KPMG is committed to the appropriate protection and use of personal information (sometimes referred to as “personal data”, "personally identifiable information" or "PII") that has been collected online.
In order to ensure high level of personal data protection, KPMG has designated a Data Protection Officer (“DPO”) with expert knowledge of data protection law and practices and whose tasks are related to introducing better practices of personal data protection within KPMG. DPO assists KPMG in maintaining personal data protection compliance.The DPO in KPMG serves as a contact point for data subjects in case of requests and/or questions related to personal data protection and personal data processing in KPMG. Data subjects may contact the DPO with regard to all issues related to processing of their personal data and to the exercise of their rights.
KPMG DPO’s contact details are:
Data Protection Officer
Narva road 5
10117 Tallinn, Estonia
1. Collection and use of personal information
In some cases where you have registered for certain services we will store your email address temporarily until we receive confirmation of the information you provided via an email (i.e. where we send an email to the email address provided as part of your registration to confirm a subscription request).
1.1 The legal grounds we have to use your personal information
KPMG generally collects only the personal information necessary to fulfill your request. Where additional, optional information is sought, you will be notified of this at the point of collection.
The law allows us to process personal information, so long as we have a ground under the law to do so. It also requires us to tell you what those grounds are. As a result, when we process your personal information, we will rely on one of the following processing conditions:
• Performance of a contract: this is when the processing of your personal information is necessary in order to perform our obligations under a contract;
• Legal obligation: this is when we are required to process your personal information in order to comply with a legal obligation, such as keeping records for tax purposes or providing information to a public body or law enforcement agency;
• Legitimate interests: we will process information about you where it is in our legitimate interest in running a lawful business to do so in order to further that business, so long as it doesn’t outweigh your interests; or
• Your consent: in some cases, we will ask you for specific permission to process some of your personal information, and we will only process your personal information in this way if you agree to us doing so. You may withdraw your consent at any time by contacting KPMG at email@example.com.
Examples of the ‘legitimate interests’ referred to above are:
• To offer information and/or services to individuals who visit our website or offer information about employment opportunities.
• To address questions, inquired submitted by our web page.
• To prevent fraud or criminal activity and to safeguard our IT systems.
• To customize individual’s online experience and improve the performance usability and effectiveness of KPMG's online presence.
• To conduct, and to analyze, our marketing activities.
• To meet our corporate and social responsibility obligations.
• To exercise our fundamental rights in the EU under Articles 16 and 17 of the Charter of Fundamental Rights, including our freedom to conduct a business and right to property.
KPMG only collects "sensitive" personal information when the relevant individuals voluntarily provide us with this information or where such information is required or permitted to be collected by law or professional standards. Sensitive information includes personal information regarding a person's race, ethnicity, political beliefs, trade union membership, religious or similar beliefs, physical or mental health, sexual life or criminal record. Please use your discretion when providing sensitive information to KPMG, and under any circumstances, do not provide sensitive information to KPMG, unless you thereby consent to KPMG's use of that information for its legitimate business purposes and consent to the transfer and storage of such information to and in KPMG databases. If you have any questions about whether the provision of sensitive information to KPMG is, or may be, necessary or appropriate for particular purposes, please contact KPMG at firstname.lastname@example.org.
1.1.1 IP addresses
An IP address is a number assigned to your computer whenever you access the internet. It allows computers and servers to recognise and communicate with one another. IP addresses from which visitors appear to originate may be recorded for IT security and system diagnostic purposes. This information may also be used in aggregate form to conduct web site trend and performance analysis.
1.2 Automatic collection of personal information
1.2.1 IP addresses
An IP address is a number assigned to your computer whenever you access the internet. It allows computers and servers to recognize and communicate with one another. IP addresses from which visitors appear to originate may be recorded for IT security and system diagnostic purposes. This information may also be used in aggregate form to conduct web site trend and performance analysis.
Cookies may be placed on your computer or internet-enabled device whenever you visit us online. This allows the site to remember your computer or device and serves a number of purposes.
On some of our web sites, a notification banner will appear requiring your consent to collect cookies. If you do not provide consent, your computer or internet-enabled device will not be tracked for marketing-related activities. A secondary type of cookie referred to as "user-input" cookies may still be required for necessary functionality. Such cookies will not be blocked through the use of this notification banner. Your selection will be saved in a cookie and is valid for a period of 90 days. If you wish to revoke your selection, you may do so by clearing your browser's cookies.
Although most browsers automatically accept cookies, you can choose whether or not to accept cookies via your browser's settings (often found in your browser's Tools or Preferences menu). You may also delete cookies from your device at any time. However, please be aware that if you do not accept cookies, you may not be able to fully experience some of our web sites' features.
Further information about managing cookies can be found in your browser's help file or through sites such as www.allaboutcookies.org.
Below is a list of the types of cookies used on our web sites:
Type & Expiry
Performance (i.e., User's Browser)
Security (e.g. Asp .NET) Cookies
Site visitor feedback
Other third party tools and widgets may be used on our individual web pages to provide additional functionality. Use of these tools or widgets may place a cookie on your device to make their service easier to use, and ensure your interaction is displayed on our webpages properly.
Cookies by themselves do not tell us your email address or otherwise identify you personally. In our analytical reports, we may obtain other identifiers including IP addresses, but this is for the purpose of identifying the number of unique visitors to our web sites and geographic origin of visitor trends, and not to identify individual visitors.
BY NAVIGATING ON OUR WEB SITES OR ENTERING YOUR LOGIN DETAILS TO ACCESS AREAS RESERVED FOR REGISTERED USERS, YOU AGREE THAT WE CAN PLACE THESE COOKIES ON YOUR COMPUTER OR INTERNET ENABLED DEVICE.
1.2.3 Google Analytics
KPMG uses Google Analytics. More information about how Google Analytics is used by KPMG can be found here: http://www.google.com/analytics/learn/privacy.html
1.2.4 Web beacons
A web beacon is a small image file on a web page that can be used to collect certain information from your computer, such as an IP address, the time the content was viewed, a browser type, and the existence of cookies previously set by the same server. KPMG only uses web beacons in accordance with applicable laws.
KPMG or its service providers may use web beacons to track the effectiveness of third party web sites that provide us with recruiting or marketing services or to gather aggregate visitor statistics and manage cookies.
You have the option to render some web beacons unusable by rejecting their associated cookies. The web beacon may still record an anonymous visit from your IP address but cookie information will not be recorded.
In some of our newsletters and other communications, we may monitor recipient actions such as email open rates through embedded links within the messages. We collect this information to gauge user interest and to enhance future user experiences.
1.2.5 Location-based tools
KPMG may collect and use the geographical location of your computer or mobile device. This location data is collected for the purpose of providing you with information regarding services which we believe may be of interest to you based on your geographic location, and to improve our location-based products and services.
1.3 Social media widgets and applications
KPMG web sites may include functionality to enable sharing via third party social media applications, such as the Facebook Like button and Twitter widget. These social media applications may collect and use information regarding your use of KPMG web sites (see details on 'Social Sharing' cookies above). Any personal information that you provide via such social media applications may be collected and used by other members of that social media application and such interactions are governed by the privacy policies of the companies that provide the application. We do not have control over, or responsibility for, those companies or their use of your information.
In addition, KPMG web sites may host blogs, forums, crowd-sourcing and other applications or services (collectively "social media features"). The purpose of social media features is to facilitate the sharing of knowledge and content. Any personal information that you provide on any KPMG social media feature may be shared with other users of that social media feature (unless otherwise stated at the point of collection), over whom we may have limited or no control.
KPMG understands the importance of protecting children's privacy, especially in an online environment. In particular, our sites are not intentionally designed for or directed at children under the age of 13. It is our policy never to knowingly collect or maintain information about anyone under the age of 13, except as part of an engagement to provide professional services.
1.5 Direct marketing
We process your personal data to be able to send you direct marketing information, for example, regarding:
• Seminars, conferences
• KPMG-related events
• Industry developments
Personal data categories: name, last name, e-mail, position, company
Legal basis: Your consent OR legitimateinterests of KPMG to provide you with information about KPMG services, eventsand significant industry developments.
Storage period: For as long as you choose toreceive direct marketing from us – until you withdraw your consent or raisecomplaints against such processing of personal data.
In order to send news tailored to a specific profession, we use your position and it constitutes as profiling.
You have the right to withdraw your consent at any time or object to our direct marketing e-mails in the following way:
• Press ‘Unsubscribe’ link in the footer of the e-mail received
• Contact us via email@example.com or firstname.lastname@example.org
After we receive your request we will discontinue sending our direct marketing e-mails to you. The withdrawal of your consent does not affect the data processing carried out during the period your consent was effective.
In our data processing activities we use the services of Mailigen, which receives your personal data from us as the data processor to send you direct marketing e-mails on behalf of us.
2. Sharing and transfer of personal information
2.1 Transfer within the network of KPMG firms
We may upon particular circumstances share information about you with other member firms of the KPMG network as part of international engagements, and with KPMG International and other member firms where required or desirable to meet our legal and regulatory obligations around the world. Other parts of the KPMG network are also used to provide services to us and you, for example hosting and supporting IT applications, provision of certain forms of insurance for member firms and its clients, performing client conflicts checks and Anti-Money Laundering checks, assisting with client engagement services and otherwise as required in order to continue to run KPMG’s business. This share is based on a legitimate interest in transmitting personal data within the group of undertakings for internal administrative purposes or this processing is necessary for compliance with a legal obligation. If we do this your personal information will continue to be protected in order to ensure that the level of protection of natural persons guaranteed by the General data protection regulation is not undermined.
2.2 Transfers to third parties and third countries
KPMG will not transfer the personal information you provide to any third parties for their own direct marketing use.
In general, you are not required to submit any personal information to KPMG, but we may require you to provide certain personal information in order for you to receive additional information about our services and events. KPMG may also ask for your permission for certain uses of your personal information, and you can agree to or decline those uses. If you opt-in for particular services or communications, such as an e-newsletter, you will be able to unsubscribe at any time by following the instructions included in each communication. If you decide to unsubscribe from a service or communication, we will try to remove your information promptly, although we may require additional information before we can process your request.
4. Your rights
If KPMG processes personal information about you, you have the following rights:
• Ask questions: If you have questions or comments about our administration of your personal information, please contact us at email@example.com.
• Access and correction: you have the right to access to that data. This is sometimes called a ‘Subject Access Request’. If we agree that we are obliged to provide personal information to you, we will provide it to you free of charge. Before providing personal information to you, we may ask for proof of identity and sufficient information about your interactions with us that we can locate your personal information. If the information we hold about you is incorrect, you are entitled to ask us to correct any inaccuracies in the personal information.
• Object to processing: you have the right to object to us processing your personal information if we are not entitled to use it any more
• Other Rights: in addition, you may have rights to have your information deleted if we are keeping it too long, have its processing restricted in certain circumstances and/or to obtain copies of information we hold about you in electronic form.
You can make a request or exercise these rights by contacting KPMG 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.
5. Data security and integrity
KPMG has reasonable security policies and procedures in place to protect personal information from unauthorized loss, misuse, alteration, or destruction. Despite KPMG's best efforts, however, security cannot be absolutely guaranteed against all threats. To the best of our ability, access to your personal information is limited to those who have a need to know. Those individuals who have access to the data are required to maintain the confidentiality of such information.
We also make reasonable efforts to retain personal information only for so long i) as the information is necessary to comply with an individual's request, ii) as necessary to comply with legal, regulatory, internal business or policy requirements, or iii) until that person asks that the information be deleted. The period for which data is retained will depend on the specific nature and circumstances under which the information was collected. You are entitled to request information about specific storage period regarding your data by contacting KPMG at email@example.com.
6. Links to other sites
7. Changes to this statement
8. Policy questions and enforcement
We will acknowledge your email and seek to resolve your concern within one month of receipt. Where the concern is complex or we have a large volume of concerns, we will notify you that the concern will take longer than one month to resolve, and we will seek to resolve your concern within three months of the concern being first raised. We may accept your concern (and in that case implement one of the measures set out in the ‘Your Rights’ section above), or we may reject your concern on legitimate grounds.
In any event, you always have the right to lodge a complaint with the Estonian regulator in charge of protecting personal information, the Estonian Data Protection Inspectorate / Andmekaitseinspektsioon (http://www.aki.ee/en). Note: Individuals have the right to complain typically to regulators in their place of work, residency or wherever the harm happened (in the EU).
Data Transfers to Third Parties
We do not share personal information with third parties, except as necessary for our legitimate interests - legitimate professional and business needs, to carry out your requests, and/or as required or permitted by law or professional standards. This may include:
• Our service providers: we transfer your personal information to our third party service providers, such as our (IT) systems providers, our hosting providers, our payroll providers, consultants (such as legal advisers) and other goods and services providers. KPMG works with such providers so they can process your personal information on our behalf. KPMG will only transfer personal information to them when they meet our strict standards on the processing of data and security. We only share personal information that allows them to provide their services.
• If we are reorganized or sold to another organization: KPMG will typically also disclose personal information in connection with the sale, assignment, or other transfer of any element of KPMG’s business to which the personal information relates.
• Courts, tribunals, law enforcement or regulatory bodies: KPMG will disclose personal information in order to respond to requests of courts, tribunals, government or law enforcement agencies or where it is necessary or prudent to comply with applicable laws, court or tribunal orders or rules, or government or professional regulations.
• Audits: disclosures of personal information will also be needed for data privacy or security audits and/or to investigate or respond to a complaint or security threat.
• Insurers: our professional rules and our business requirements mean that we carry significant insurance cover in respect of business activities (our ‘insurance program’). This is required to assist each member firm of the KPMG network in covering the costs associated with claims which may arise in the event that it is alleged that something has gone wrong during the course of providing services to its clients. In order to make the insurance program work effectively, the insurance program involves a number of different participants in the insurance market (e.g. brokers, insurers and reinsurers, as well as their professional advisors and other third parties involved should there be a claim). Some of these insurance market participants will require that we disclose personal information about you to them. The information will be used by the insurance market participants in the underwriting and ongoing administration of the insurance program, where there is a claim that you are relevant to and to allow the insurance market participants to comply with their legal and regulatory obligations. Some of these insurance market participants will handle this information on our behalf (like our service providers described above), but others will want to process information about you independent of us.
*"KPMG," "we," "our," and "us" refers to Advokaadibüroo KPMG Law OÜ, Estonian limited liability companies affiliated with KPMG International, a Swiss entity.