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11.2.2020EisnerAmper Cayman Affiliate EA Governance Offers Governance Services
By Elana Margulies-SnydermanThe Cayman Islands recently enacted legislative changes (which EisnerAmper previously
Scope
This privacy notice explains how EisnerAmper Governance Services Ltd. (“EAG”) collects, uses, discloses, retains and secures your personal data as part of its business practices. The policy clearly articulates the legal justifications for the processing of your personal data and also lists your data subject rights under the Cayman Islands’ Data Protection Act as amended (“DPA”). For the avoidance of doubt all references to EAG’s Privacy Policy as contained in client services agreements shall be construed to include the Data Protection Addendum below (“Privacy Policy”).
Overview
EAG respects your privacy, and you are entitled to have your personal data processed in accordance with the DPA. The key principles EAG applies when processing your personal data are as follows:
What personal data does EAG collect?
EAG collects various personal data which may include the following (this list is not exhaustive):
How does EAG use the personal data it collects?
EAG may use your personal data to (this list is not exhaustive):
When does EAG disclose your personal data?
EAG may disclose your personal data in the following circumstances (this list is not exhaustive):
International transfer of personal data
Your personal data is stored in the Cayman Islands unless it is transferred to another country for contractual purposes. If at any time EAG transfers personal data outside the Cayman Islands, it will ensure that there are adequate safeguards for the rights and freedoms of data subjects as required by the DPA.
The legal basis for processing your personal data
The DPA protection sets out some different reasons for which a company may process personal data, and EAG does so under the following legal conditions:
In specific situations, EAG may collect and process personal data with your consent.
In certain circumstances, EAG will need to process certain personal data to comply with contractual obligations for which we have been engaged.
If the law requires, EAG may need to process your personal data.
In specific situations, EAG requires your personal data to pursue its legitimate interests in a way which might reasonably be expected as part of running its businesses and which does not materially impact your rights, freedom or interests.
For example, EAG may use an email address you have provided to send you information on our services.
How long does EAG retain your personal data?
EAG retains your personal data for as long as a client relationship exists, and the personal data is necessary to manage that relationship. When there is no longer a client relationship, EAG will retain certain types of personal data for varying periods depending on legal requirements and business needs. Personal data that is no longer needed will be destroyed. EAG will always hold your personal data for the least amount of time necessary in accordance with its retention policy. For specific retention periods, clients should contact Isatou Smith at ismith@eagovernance.ky.
How does EAG secure your personal data?
EAG employs appropriate technical and organizational measures to protect against unauthorized processing, accidental loss or destruction of, or damage to, your personal data in accordance with its Information Technology policies.
What rights do you have in respect to your personal data?
You have a right to be informed how your personal data is processed and this privacy notice fulfills EAG’s obligation in that respect. If you have further questions or concerns not addressed in this notice, you may contact Isatou Smith at ismith@eagovernance.ky.
You have a right to request access to your personal data, the right to request rectification/correction of your personal data, the right to request that processing of your personal data be stopped or restricted and the right to require EAG to cease processing your personal data for direct marketing purposes. If you wish to exercise any of these rights, you should contact Isatou Smith at ismith@eagovernance.ky.
If you feel that your personal data has not been handled correctly, or you are not satisfied with EAG’s responses to any requests you have made regarding the use of your personal data, you have the right to complain to the Cayman Islands’ Ombudsman. The Ombudsman can be contacted by calling: 1-345-946-6283 or by email at info@ombudsman.ky.
This Data Protection Addendum (Addendum) supplements the Engagement Agreement (Agreement) entered into between EisnerAmper Governance acting as a Processor of Customer Data (Provider) and the customer identified in the applicable Agreement, to whom such services are provided (Customer).
The parties wish to include provision for the requirements of the Cayman Islands’ DPA and the Data Protection Regulations (as amended) (“DPR”) in the Agreement. In consideration of the mutual obligations set out herein, the parties hereby agree that the terms set out below shall be added as an Addendum to the Agreement.
The terms set out in this Addendum will take effect from 30 September 2019 and in the event of a conflict between this Addendum and the Agreement, the terms of this Addendum shall supersede the Agreement.
DEFINITIONS
Appropriate Safeguards means such legally enforceable mechanism(s) for transfers of Personal Data as may be permitted under Data Protection Laws from time to time.
Data Controller has the meaning given in applicable Data Protection Laws from time to time.
Data Processor has the meaning given in applicable Data Protection Laws from time to time.
Data Protection Laws means, as binding on either party or the services provided under the Agreement:
Personal Data has the meaning given in applicable Data Protection Laws from time to time.
Schedule 1
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By Elana Margulies-SnydermanThe Cayman Islands recently enacted legislative changes (which EisnerAmper previously
By Isatou Smith, Managing Director, EisnerAmper Governance Services Ltd.Renowned for