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EisnerAmper Client Privacy Notice

Introduction

"EisnerAmper" is the brand name under which EisnerAmper LLP and Eisner Advisory Group LLC provide professional services. EisnerAmper LLP and Eisner Advisory Group LLC are independently owned firms that practice in an alternative practice structure in accordance with the AICPA Code of Professional Conduct and applicable law, regulations and professional standards. EisnerAmper LLP is a licensed CPA firm that provides attest services, and Eisner Advisory Group LLC and its subsidiary entities provide tax and business consulting services to clients and provide staff and other administrative resources to EisnerAmper LLP. Eisner Advisory Group LLC and its subsidiary entities are not licensed CPA firms.

Welcome to EisnerAmper LLP’s and Eisner Advisory Group LLC’s client privacy notice for clients who are data subjects in the European Union and/or the United Kingdom. This notice applies to the processing of personal data by Eisner Advisory Group LLC, and EisnerAmper LLP and their respective affiliated entities (the “EisnerAmper Entities”) in connection with any client services provided by the EisnerAmper entities (defined below) to both individual and business, actual and prospective clients. For the avoidance of doubt, any reference to ‘client’ includes the personal data of such client’s employees, staff and other contacts of client whose details we process when providing services. References to ‘you’ made herein are references to the data subject whose personal data is being processed by the EisnerAmper entities pursuant to services provided to client. The eisneramper entities include Eisner Advisory Group LLC, EisnerAmper LLP and/or any of their respective affiliates and subsidiaries, namely  EA Compensation Resources, LLC, David Wiener and Company LLC, EA RESIG LLC, EisnerAmper Fund Services LLC, ZenTek Data Systems LLC, EA CARES Compliance LLC, EisnerAmper Israel Ltd, NannyTax LLC, EisnerAmper Global & Regulatory Solutions LLC, EisnerAmper US (Cayman) LLC, EisnerAmper (UK) LLP, EAG Gulf Coast LLC, and EisnerAmper (India) Consultants Private Limited, so when we mention the "EisnerAmper Group", we", "us" or "our" in this Client Privacy Notice we are referring to any separate EisnerAmper Entity in the EisnerAmper Group.

This privacy notice applies solely to our processing of the personal data of data subjects who are in the European Economic Area (EEA) and/or the United Kingdom, where they use our services.

The EisnerAmper entities respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

This privacy notice is provided with a Glossary to understand the meaning of some of the terms used in this privacy notice.

1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how the EisnerAmper entities collect and your personal data, including any data you may provide to us when you engage us to provide our services to you.

Our services are not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller

Eisner Advisory Group LLC and EisnerAmper LLP, as applicable, is the controller and responsible for your personal data (collectively referred with their respective affiliates as "EisnerAmper", "we", "us" or "our" in this privacy notice). This privacy notice is issued on behalf of EisnerAmper LLP, EisnerAmper US  (Cayman) LLC, and Eisner Advisory Group LLC and its subsidiaries and affiliates (specifically, EA Compensation Resources, LLC, David Wiener and Company LLC, EA RESIG LLC, EisnerAmper Fund Services LLC, ZenTek Data Systems LLC, EA CARES Compliance LLC, EisnerAmper Israel Ltd, NannyTax LLC, EisnerAmper Global & Regulatory Solutions LLC, EisnerAmper (UK) LLP, EAG Gulf Coast LLC, and EisnerAmper (India) Consultants Private Limited (collectively, the “EisnerAmper Entities”)), so when we mention “EisnerAmper", we", "us" or "our" in this privacy policy, we are referring to the relevant company (or companies) in the EisnerAmper entities responsible for processing your data.

We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager using the details set out below.

Contact details

If you have any questions about this privacy notice or our privacy practices, please contact our data privacy manager in the following ways:

Full name of legal entity:

EISNER ADVISORY GROUP LLC

Name of data privacy manager:

Todd Gordon

Email address:

Todd.Gordon@eisneramper.com

Postal address:

733 Third Avenue, New York, NY 10017, 212.949.8700

 

Changes to the privacy notice and your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, maiden name, last name, initials, marital status, title, digitized, electronic or scanned signatures, social security number, company name.
  • Contact Data includes billing address, delivery address, email address, and mobile, fax and telephone numbers.
  • Financial Data includes bank account and routing number and ACH instructions.
  • Transaction Data includes details about payments to and from you and other details of services you have engaged us to provide to you.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Transaction Data to calculate the percentage of clients purchasing a specific service from us. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, and trade union membership). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service you have engaged us to provide but we will notify you if this is the case at the time.

3. How is your personal 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 Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you engage us to provide you
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Contact, Financial, Transaction, Identity and Financial Data from brokers or financial advisors whom you authorize to send us information.

4. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • 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.

Generally, we do not rely on consent as a legal basis for processing your personal data.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new client

(a) Identity

(b) Contact

Performance of a contract with you

To process and deliver our services:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(c)  Provide professional services to you or a person or entity with which you have a business relationship (e.g., tax preparation, tax consulting, audit)

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include notifying you about changes to our terms or privacy notice

(a) Identity

(b) Contact

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity

(b) Contact

Necessary for our legitimate interests (to develop our products/services and grow our business)

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us using the details provided in paragraph 1 if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

We may use your Identity and Contact Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services may be relevant for you (we call this marketing).  As part of our marketing efforts, we may also send you electronic communications which may include updates on regulatory issues that we think may be of interest to you, invitations to events we think you may wish to attend, and thought leadership pieces in which we discuss and provide an in depth understanding of legal, regulatory or business specific issues we think might interest you.

You will receive marketing communications from us if you have requested information from us or engaged us to provide services to you, and you have not opted out of receiving that marketing.

Opting out

You can ask us to stop sending you marketing messages at any time following the “unsubscribe” links on any marketing message sent to you or by contacting us at any time.  

Where you opt out of receiving these marketing messages, this will not apply to personal data provided as a result of a service we provide to you or to a third party and which may involve your personal data.

Change of purpose

We will only use your personal data consistent with the terms of this privacy notice, and 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 contact us using the details provided in paragraph 1.

If we need to use your personal 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 personal data without your knowledge or consent, in compliance with the rules contained in this privacy notice, where this is required or permitted by law.

5. Disclosures of your personal data

We may have to share your personal data with certain third parties, as required for the operation of our business, which includes processors and sub-processors.

  • Internal Third Parties as set out in the Glossary.
  • External 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 personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data. We contract with our third-party service providers to require that they do not use your personal data for their own purposes and to authorize them to process your personal data for specified purposes and in accordance with our instructions.

6. International transfers

We may share your personal data within the EisnerAmper entities, which may involve transferring your data outside the European Economic Area (EEA).

Whenever we transfer your personal data out of the EEA, we endeavour to ensure a similar degree of protection is afforded to it.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. Data security

We are putting in place security measures designed to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, or disclosed to unauthorized third parties.

8. Data retention

How long will you use my personal data for?

We are putting in place a data retention policy to address how long we retain your personal data.  In doing so, we will consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

We generally keep basic information about our clients (including Contact, Identity, Financial and Transaction Data) in our work papers for seven years or as necessary to comply with legal obligations. Our data retention policy will address how long after that we may retain your personal data, if at all.

In some circumstances you can ask us to delete your data: see ‘Request erasure’ below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

9.1   Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

9.2  Request correction of the personal data that we hold about you. 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.

9.3  Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal 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 personal 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 or ethical reasons which will be notified to you, if applicable, at the time of your request.

9.4  Object to processing of your personal data 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 on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

9.5  Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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 (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

9.6  Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. However, keep in mind that we may still be under a legal or ethical obligation to retain the personal data, and will do so until the time frame under such legal or ethical obligation lapses, even if we transfer the data to you or a third party. 

9.7  Withdraw consent at any time where we are relying on consent to process your personal data. However, 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 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 contact us using the details provided in paragraph 1.

No fee usually required

You will not have to pay a fee to access your personal 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. Alternatively, we may refuse to comply with your request in these circumstances.

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 personal 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.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month 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.

10. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service 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 personal data for our legitimate interests. We do not use your personal 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 contacting us using the details provided in paragraph 1.

Performance of Contract means processing your data where it is necessary for the performance of a contract 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 personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

Internal Third Parties

Other companies in the EisnerAmper entities acting as joint controllers or processors and who are based in the United States, India, Cayman or Israel. A list of these parties will be provided upon reasonable request.

External Third Parties 

  • Service providers of the EisnerAmper entities acting as processors (and their sub- processors) based in the United States who provide various services, including information technology and software or software services. A list of such processors and sub-processors will be provided upon reasonable
  • Professional advisers to the EisnerAmper entities acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United States and
  • Regulators and other governmental authorities acting as processors or joint controllers based in the United States, India and Israel who require reporting of processing activities in certain circumstances.