Privacy Policy

NFTY LLC. (“NFTY”) respects your concerns about privacy.  NFTY participates in the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (collectively, the “Privacy Shield”) issued by the U.S. Department of Commerce (https://www.privacyshield.gov/article?id=My-Rights-under-Privacy-Shield) .  NFTY recognizes that the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield are no longer valid transfer mechanisms for personal information from the European Union and its Member States, the European Economic Area, or Switzerland. The U.S. Department of Commerce has stated that it will nonetheless continue to administer the Privacy Shield program and that participants are not relieved of their obligations under the Privacy Shield. Accordingly, NFTY, as a participant in the Privacy Shield program, will continue to comply with its commitments under the Privacy Shield (as described more fully below) and its robust internal data protection policies. for more information on how we protect personal information in accordance with applicable legal requirements, including the European Commission approved standard contractual clauses refer to this document.

For purposes of this Policy:

“NFTY LLC” means the subsidiaries and affiliates of NFTY Holdings Limited.

“Client” means any entity that obtains strategic and management consulting or other services from the NFTY LLC.

“Consumer” means any natural person, but excludes any individual acting in his or her capacity as an employee of an entity.

“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.

“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by NFTY in the U.S. from the EU or Switzerland, and (iii) recorded in any form.

“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield.

“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.

“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership (including trade union-related views or activities), sex life (including personal sexuality), information on social security measures, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings (including administrative proceedings and criminal sanctions).

“employee” means any current, former, or prospective wage laborer of an entity . For purposes of this Policy, “employee” includes any managing director, temporary laborer, intern, other non-permanent laborer, contractor, or consultant .

Types of Personal Data NFTY Collects

As a Processor, NFTY receives Personal Data about its Clients’ Consumers . For example, in connection with providing strategic and management consulting or other services to its Clients, NFTY may access or obtain Personal Data about a Client .  In addition, NFTY may access or obtain Personal Data about a Client’s Consumers in connection with providing support services to NFTY LLC, including during the course of providing (i) data storage, website and application hosting and maintenance, email, telephony and network connectivity, and other information technology infrastructure and services; (ii) data back-up and restoration, disaster recovery and business continuity planning and (iii) other technical, organizational, and administrative functions and resources.

NFTY also collects Personal Data directly from Consumers.  This collection occurs, for example, when a Consumer visits NFTY websites or mobile applications, and provides Personal Data through the websites or mobile applications.  In addition, NFTY obtains Personal Data, such as contact information, in connection with maintaining the firm’s Client relationships and providing services to Clients.  NFTY also obtains Personal Data, such as contact information, of its vendors’ representatives.  NFTY uses this information to manage its relationships with its vendors.

NFTY privacy practices regarding the processing of Consumer Personal Data comply, as appropriate, with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.

Notice

NFTY provides information in this Policy and the company’s Website Privacy Policy about its Consumer Personal Data practices, including the types of Personal Data NFTY collects, the types of third parties to which NFTY discloses the Personal Data and the purposes for doing so, the rights and choices Consumers have for limiting the use and disclosure of their Personal Data, and how to contact NFTY about its practices concerning Personal Data.

When NFTY acts as a Processor and Consumer Personal Data is transferred to NFTY on behalf of a Client, the Client is responsible for providing appropriate notice to its Consumers and obtaining the requisite consent.

Relevant information also may be found in privacy notices pertaining to specific data processing activities.

Choice

When NFTY collects Personal Data directly from Consumers, the company generally offers those Consumers the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer.  To the extent required by the Privacy Shield Principles, NFTY obtains opt-in consent for certain uses and disclosures of Sensitive Data.  Consumers may contact NFTY as indicated below regarding the company’s use or disclosure of their Personal Data.  Unless NFTY offers Consumers an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy or the company’s Website Privacy Policy.

When NFTY maintains Personal Data about Consumers with whom NFTY does not have a direct relationship because NFTY obtained or maintains the Consumers’ data as a Processor, NFTY’s Clients are responsible for providing the relevant Consumers with certain choices with respect to the Clients’ use or disclosure of the Consumers’ Personal Data.

NFTY shares Consumer Personal Data with its affiliates and subsidiaries. NFTY may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements.  NFTY also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).

Accountability for Onward Transfer of Personal Data

This Policy and NFTY’s Website Privacy Policy describe NFTY’s sharing of Consumer Personal Data. 

To the extent NFTY acts as a Controller, except as permitted or required by applicable law, NFTY provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers.  NFTY requires third-party Controllers to whom it discloses Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify NFTY and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.  

With respect to transfers of Consumer Personal Data to third-party Processors, NFTY (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with NFTY’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify NFTY if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request.  NFTY remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless NFTY proves that it is not responsible for the event giving rise to the damage.

Security

NFTY takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.

Data Integrity and Purpose Limitation

NFTY limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing.  NFTY does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer.  In addition, to the extent necessary for these purposes and consistent with its role as a Controller or Processor, NFTY takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current.  In this regard, NFTY relies on its Consumers and Clients (with respect to Personal Data of Consumers with whom NFTY does not have a direct relationship) to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized.  Consumers (and Clients, as appropriate) may contact NFTY as indicated below to request that NFTY update or correct relevant Personal Data. 

Subject to applicable law, NFTY retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer.

Access

Consumers generally have the right to access their Personal Data.  Accordingly, to the extent NFTY acts as a Controller, where appropriate, Kearney provides Consumers with reasonable access to the Personal Data NFTY maintains about them.  NFTY also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. 

NFTY may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated.  Consumers may request access to their Personal Data by contacting NFTY as indicated below. 

When NFTY maintains Personal Data about Consumers with whom NFTY does not have a direct relationship because NFTY maintains the Consumers’ data as a Processor for its Clients, NFTY’s Clients are responsible for providing Consumers with access to the Personal Data and the right to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate.  In such circumstances, Consumers should direct their questions to the appropriate NFTY Client.  When a Consumer is unable to contact the appropriate Client, or does not obtain a response from the Client, NFTY will provide reasonable assistance in forwarding the Consumer’s request to the Client.

Recourse, Enforcement and Liability

NFTY has mechanisms in place designed to help assure compliance with the Privacy Shield Principles.  NFTY conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions NFTY makes about its Privacy Shield privacy practices are true and that NFTY’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles

If a Consumer’s complaint cannot be resolved through NFTY's internal processes, NFTY will cooperate with any adjudication mediator with authority of the U.S. federal trade commission .  Following the dispute resolution process, the mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over NFTY. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about NFTY’s compliance with the Privacy Shield Principles.

When NFTY maintains Personal Data about Consumers with whom NFTY does not have a direct relationship because NFTY maintains the Consumers’ data as a Processor for its Clients, Consumers may submit complaints concerning the processing of their Personal Data to the relevant Client, in accordance with the Client’s dispute resolution process.  NFTY will participate in this process at the request of the Client or the Consumer.