Client Privacy Notice
This privacy notice (Privacy Notice) explains the manner in which any relevant entity in the FTI Consulting Group (FTI Consulting) collects, processes and maintains personal data about you pursuant to the Data Protection Law, 2017 of the Cayman Islands, as amended from time to time and includes any regulations, codes of practice or orders promulgated pursuant thereto (together, the DPL).
FTI Consulting is committed to processing personal data in accordance with the DPL. In its use of personal data, FTI Consulting will be characterised under the DPL as a “data controller” where it determines the purposes, conditions and manner in which any personal data are processed. Certain of FTI Consulting’s service providers, affiliates and delegates may act as “data processors” under the DPL.
Interpretation: For the purpose of this Privacy Notice you or your shall mean, you, the client (or prospective client) of FTI Consulting (Client) and shall also include any individual connected to you which could include: any person owning or controlling the Client or having a beneficial interest in the Client, any person for whom the Client is acting as agent or nominee, any trustee, settlor or protector of a trust, or any other persons or entities with whom you have a relationship that is relevant to your relationship with us, and the directors, managers, members, officers and employees of all such persons. We, us or our means FTI Consulting, in its capacity as data controller of the personal data. Any phrase introduced by the terms including, include shall not limit the sense of the words proceeding those terms.
Personal data: By virtue of FTI Consulting providing certain services as set out in the contract between FTI Consulting and the Client and/or services provided to the Client in connection with statutory appointments made by a Court of competent authority, FTI Consulting and its affiliates and delegates (each an Authorised Entity and together, the Authorised Entities) may collect, record, store, transfer and otherwise process personal data by which individuals may be directly or indirectly identified.
Much of the personal data will be provided in writing, in person, by telephone (which may be recorded), fax, e-mail, electronically or by any other means. We may combine personal data that you provide to us with personal data that we collect from, or about you. This may include personal data collected from credit reference agencies and other public and private databases or data sources, such as news outlets, websites and international sanctions lists.
This Privacy Notice will be relevant for any individuals connected to you and you should transmit this document to such individuals for their awareness and consideration.
Why is your personal data processed: Your personal data will be processed fairly and for lawful purposes, including:
- A Where the processing is necessary for FTI Consulting to perform a contract to which you are a party, a statutory appointment, or for taking pre-contractual steps at your request, which may include the following circumstances:
- to satisfy FTI Consulting’s contractual duties and obligations pursuant to a statutory appointment or contractual agreements between FTI Consulting and the Client;
- to provide FTI Consulting’s products and services to you; and
- to send updates, information and notices or otherwise corresponding with you in connection with a statutory appointment or your contractual agreements with FTI Consulting.
- Where the processing is necessary for compliance with any legal, tax or regulatory obligation to which FTI Consulting is subject, which may include the following circumstances:
- to carry out know-your-client, client due diligence, anti-money laundering, counter-terrorist financing and proliferation financing, and on-boarding checks of clients (and where applicable, their controllers and beneficial owners);
- to comply with requests from regulatory, governmental, tax and law enforcement authorities;
- to comply with FATCA, CRS and other comparable legislation and applicable sanctions and embargo legislation;
- to prevent and detect fraud and to conduct surveillance and investigation activities; and
- to carry out audit checks and to instruct auditors;
- Where the processing is for the purposes of legitimate interests pursued by FTI Consulting or by an Authorised Entity to whom the data are disclosed, which may include the following circumstances:
- to comply with a legal, tax, accounting or regulatory obligation to which FTI Consulting or such Authorised Entity is subject;
- to assist in the improvement and optimisation of FTI Consulting’s services;
- to provide you with, and inform you about, our products and services, and for advertising and marketing (including for direct marketing purposes);
- to investigate any complaints, or pursue or defend any claims proceedings or disputes (where domestic or foreign);
- to comply with audit requirements;
- to ensure internal compliance with our policies and procedures;
- to seek professional advice, including legal advice;
- to protect the securities and integrity of our IT systems; and
- to help detect, prevent, investigate, and prosecute fraud and/or other criminal activity, and share this data with legal, compliance, risk and managerial staff to assess suspicious activities, for risk management and risk control purposes, and to protect against fraud, breach of confidence or theft of proprietary materials; and/or
- Where you otherwise consent to the processing of personal data for any other specific purpose.
As a data controller, we will only use your personal data for the purposes for which we collected it. If we need to use your personal data for an unrelated purpose, we will contact you.
Automated decision-making: We do not envisage that any decisions will be taken about you using fully automated means, however we will notify you in writing if this position changes.
Disclosure of personal data: We anticipate that we may share your personal data with the Authorised Entities for the purposes set out in this Privacy Notice as well as advisers (e.g. auditors, legal counsel and tax advisers) to FTI Consulting. We may also share relevant personal data where it is lawful to do so and necessary to comply with our contractual obligations or your instructions, or where it is necessary or desirable to do so in connection with any regulatory reporting obligations. In exceptional circumstances, we will share your personal data with regulatory, prosecuting and other governmental agencies or departments, and parties to litigation (whether pending or threatened), or to any other person where we have a public or legal duty to do so. It may also be necessary to share relevant personal data with a prospective service provider of FTI Consulting.
We will not sell your personal data. Any transfer of personal data outside of the Cayman Islands shall be in accordance with the requirements of the DPL. Where data it to be transferred to a person in a country which does not provide an adequate level of data protection, FTI Consulting will ensure that any such transfer complies with the requirements under the DPL.
Your rights: You have certain rights under the DPL, including:
- the right to be informed as to how we collect and use your personal data;
- the right to obtain a copy of your personal data;
- the right to require us to stop direct marketing;
- the right to have inaccurate or incomplete personal data corrected;
- the right to withdraw your consent and require us to stop processing or restrict the processing, or not begin the processing of your personal data;
- the right to be notified of a data breach (unless the breach is unlikely to be prejudicial);
- the right to obtain information as to any countries or territories outside the Cayman Islands to which we transfer or intend to transfer your personal data, measures we take to ensure the security of personal data and information available to us as to the source of your personal data;
- the right to complain to the Office of the Ombudsman of the Cayman Islands. You can access their website here: ombudsman.ky; and
- the right to require us to delete your personal data in some limited circumstances.
Please note that if you do not wish to provide us with requested personal data or subsequently withdraw your consent, it will affect FTI Consulting’s ability to provide our services to you.
Retention of Personal Data: The personal data shall not be held by FTI Consulting for longer than necessary with regard to the purposes of the data processing, other than where retention is required by law.
Changes to Privacy Notice: We encourage you to regularly review this and any updated Privacy Notice to ensure that you are always aware of how personal data is collected, used, stored and disclosed.
Contact us: Please contact FTI Consulting if you have any questions about this Privacy Notice, the personal data we hold about you or to discuss your data protection rights.