This Privacy & Cookies Policy describes how KEMBERTS LTD. (the "Firm", "KEMBERTS", "we", "our") collects, uses, shares, and otherwise processes Personal Data (defined below) about:- Visitors to our websites, mobile applications, and other online properties (each, a "Site")- Contact persons for our clients and/or prospective clients- Contact persons for suppliers of goods and services to the Firm- Any other individuals about whom the Firm obtains Personal DataIn this Privacy & Cookies Statement, "Personal Data" means information that (either in isolation or in combination with other information held by the Firm) enables you to be identified as an individual or recognized directly or indirectly.Unless we specifically state otherwise, the Firm is the data controller of the Personal Data we process, and is therefore responsible for ensuring that the systems and processes we use are compliant with data protection laws, to the extent applicable to us.
1. Collection of Personal Data
We collect the following categories of Personal Data about Site visitors, clients, prospective clients, suppliers and other third parties:
Basic data: Name, gender, title, organization, job responsibilities, phone number, mailing address, email address, contact details, information about family life (excluding special categories of data) including family, children, hobbies and interests, and, information about your business if applicable, and other information you provide to us regarding your legal and business matters.
Special categories of data: in limited circumstances, where you have provided us with such information as it is necessary for a specific service we are providing to you: religious or other beliefs, racial or ethnic origin, sexual orientation, health data and details of trade union membership.
Registration data: Newsletter requests, event/seminar registrations, dietary preferences (excluding special categories of data), subscriptions, downloads, and username/passwords.
Client service data: Personal Data received from clients in respect of employees, customers or other individuals known to clients, invoicing details and payment history, and client feedback.
Marketing data: Data about individual participation in conferences and in-person seminars, credentials, associations, product interests, and preferences.
Transaction data: Personal data contained in documents, correspondence or other materials provided by or relating to transactions conducted by our clients. If you purchase our products, we collect and store your billing and credit card information.
Compliance data: Government identifiers, passports or other identification documents, dates of birth, beneficial ownership data, and due diligence data.
Job applicant data: Data provided by job applicants or others on our Sites or offline means in connection with employment opportunities, which also may be subject to an additional relevant local recruitment privacy policy.
Device data:Computer Internet Protocol (IP) address, unique device identifier (UDID), cookies and other data linked to a device, and data about usage of our Sites (Usage Data). Information about your computer hardware and software may be automatically collected by the Firm This information can include: your IP address, browser type, domain names, access times, operating system, cookie information, referring website addresses, and Internet Service Provider. KEMBERTS also collects geolocation information based on visitors' IP addresses. This information is used by the Firm for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Services. In order to better understand how users use its site and to improve its services, the Fir, may also collect information about your use of our Site, such as pages visited, links clicked, text entered, and mouse movements.We collect Personal Data from a number of sources, either directly from the data subjects, or from clients, colleagues and publicly available sources. Where the Firm receives data from its clients about employees, customers or other individuals, the client is responsible for ensuring that any such data is transferred to us in compliance with applicable data protection laws.
2. Use of Personal Data
The purposes for which we use Personal Data, and the legal bases for such processing, are as follows:
To provide legal advice and respond to inquiries we use basic data, registration data, client service data, and device data. We need to process your information in this way in order to perform our obligations under our contracts with our clients.
To manage our business operations and administer our client relationships we use basic data, special categories of data, registration data, marketing data and client service data. This processing is necessary in order to perform our obligations under our contracts with our clients (e.g., issuing and processing invoices) and suppliers (e.g., managing the supply of goods and services to the Firm).
To make our Sites more intuitive and easy to use we use device data. It is necessary for our legitimate interests to monitor how our Sites are used to help us improve the layout and information available on our Sites and provide a better service to our Site users.
To protect the security and effective functioning of our Sites and information technology systemswe use basic data, registration data, transaction data, and device data. It is necessary for our legitimate interests to monitor how our Sites are used to detect and prevent fraud, other crimes and the misuse of our Sites. This helps us to ensure that you can safely use our Sites.
To provide relevant marketing such as providing you with information about events or services that may be of interest to you including legal services, legal updates, client conferences or networking events, and groups of specific interest (e.g. specific types of networking groups) we use marketing data, basic data, special categories of data, registration data, client service data, and device data. It is necessary for our legitimate interests to process this information in order to provide you with tailored and relevant marketing, updates and invitations. KEMBERTS uses tracking to create remarketing audiences of users based on user behavior and visits to our website. KEMBERTS may also target these users with custom ads based on affinities/interests, geographic and demographic signals. Users can opt out of some or all of these advertising features by visiting Facebook's ad page, Google's opt-out page or resources like the NAI consumer opt-out page. KEMBERTS may use email addresses to target users with custom ads through third party advertising platforms. KEMBERTS shares certain customer information described in Section 1 above with third parties to perform services (advertising) on our behalf.
To address compliance and legal obligations, such as complying with the Firm's tax reporting obligations, checking the identity of new clients and to prevent money laundering and/or fraud we use compliance data, basic data, registration data, transaction data, and device data.
This processing is necessary for the purposes of complying with legal requirements to which we are subject.
To consider individuals for employment and contractor opportunities and manage on-boarding procedures we use job applicant data and compliance data. The processing is necessary for the purposes of recruitment and on-boarding and for complying with legal obligations to which we are subject and which may be subject to a relevant local recruitment privacy policy.
3. Sharing of Personal Data
We may share Personal Data with the following categories of recipients:Affiliates: KEMBERTS operates with affiliates including our local attorneys and specialists around the world. We may share Personal Data with local attorneys of our law firm partnership and affiliates in order to provide you with legal services and in order to administer our relationship with you (e.g., invoicing, marketing) or otherwise as necessary for the purposes described above.
Suppliers and service providers: We share Personal Data with suppliers and service providers to enable such parties to perform functions on our behalf and under our instructions in order to carry out the purposes identified above. These include: infrastructure and IT services providers, for example, the providers of our client intake system, our finance systems and our customer relationship management databases; third party consultants who provide us with support in respect of business analytics and marketing campaigns; and the providers of external venues where we host conferences and events. We require such parties by contract to provide reasonable security for Personal Data and to use and process such Personal Data on our behalf only.
Financial institutions: We share Personal Data with financial institutions in connection with invoicing and payments.
Corporate purchasers: We may share Personal Data with any corporate purchaser or prospect to the extent permitted by law as part of any merger, acquisition, sale of Firm assets, or transition of service to another provider, as well as in the event of insolvency, bankruptcy, or receivership in which Personal Data would be transferred as an asset of the Firm.
Mandatory disclosures and legal claims: We share Personal Data in order to comply with the Firm's tax reporting obligations, comply with any subpoena, court order or other legal process, to comply with a request from our regulators, governmental request or any other legally enforceable demand. We also share Personal Data to establish or protect our legal rights, property, or safety, or the rights, property, or safety of others, or to defend against legal claims.
If you have questions about the parties with which we share Personal Data, please contact us as specified below.
4. Marketing Choices You have control regarding our use of Personal Data for direct marketing.
In certain markets, you will need to expressly consent before receiving marketing. In all markets, you can choose to not receive such communications at any time. If you no longer wish to receive any marketing communications, remain on a mailing list to which you previously subscribed, or receive any other marketing communication, please follow the unsubscribe link in the relevant communication or contact us as per below.
5. Cookies
We use and engage certain providers to use cookies, web beacons, and similar tracking technologies (collectively, "cookies") on our Sites.
What are cookies?
Cookies are small amounts of data that are stored on your browser, device, or the page you are viewing. Some cookies are deleted once you close your browser, while other cookies are retained even after you close your browser so that you can be recognized when you return to a websites. More information about cookies and how they work is available at All About Cookies.
How do we use cookies?
We use cookies, and allow certain third parties to place cookies on our Sites, in order to provide the Sites and services, gather information about your usage patterns when you navigate the Sites in order to enhance your personalized experience, and to understand usage patterns to improve our Sites, products, and services. Cookies on our Sites are generally divided into the following categories:
Necessary Cookies: These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
Functional Cookies: These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
Performance Cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.
Targeting Cookies: These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Social Media Cookies: These cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.
What are your options if you do not want cookies on your computer?
When you first visit our Sites, you will be asked for your consent to the use of any cookies which are not classed as strictly necessary. You can manage your choices using the consent management tool provided. If you change your mind, you can adjust your preferences at any time using the manage cookies link in the footer of our Sites.
6. Data Subject Rights
If you are in the European Economic Area (EEA) you have the following rights: Subject to certain exceptions , you have the right to request a copy of the Personal Data we are processing about you, which we will provide to you in electronic form. At our discretion we may require you to prove your identity before providing the requested information. If you require multiple copies of your Personal Data, we may charge a reasonable administration fee. You have the right to require that any incomplete or inaccurate Personal Data that we process about you is amended. You have the right to request that we delete Personal Data that we process about you, unless we are required to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims. You have the right to request that we restrict our processing of your Personal Data where:you believe such data to be inaccurate; our processing is unlawful; or we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not want us to delete it. You have the right to request that we transmit the Personal Data we hold in respect of you to another data controller, where this is:personal information which you have provided to us; and we are processing that data on the basis of your consent or in order to perform our obligations under contract to you (such as to provide legal services). Where the legal justification for our processing of your Personal Data is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise or defence of a legal claim.
Withdrawing Consent
If you have consented to our processing of your Personal Data, you have the right to withdraw your consent at any time, free of charge This includes cases where you wish to opt out from marketing messages that you receive from us. If you are in the EEA you also have the right to lodge a complaint with the local data protection authority if you believe that we have not complied with applicable data protection laws. Access a list of local data protection authorities in EEA countries.
7. Data Security
We have implemented technical and organisational measures in an effort to safeguard the Personal Data in our custody and control. Such measures include: restricting access to Personal Data to staff and service providers on a need-to-know basis; a formal Information Security Management System (ISMS) aligned with ISO 27001 and 27002 standards. The ISMS is a comprehensive set of policies and procedures for deploying, managing and securing the Firm's Information Technology infrastructure; utilizing a defense-in-depth approach to protecting our internal Firm and client data.While we endeavour to always protect our systems, sites, operations and information against unauthorized access, use, modification and disclosure, due to the inherent nature of the Internet as an open global communications vehicle and other risk factors, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others.You also have an important role in protecting Personal Data. You should not share any username, password or other authentication data provided to you with anyone, and we recommend that you do not re-use passwords across more than one website or application. If you have any reason to believe that your username or password has been compromised, please contact us as detailed below.
8. Cross-Border Data Transfers
We transfer Personal Data to jurisdictions as necessary for the purposes described above, including to jurisdictions that may not provide the same level of data protection as your home country. In particular, our Sites are hosted on servers in the kingdom of Thailand. If you are located in a non-Thailand jurisdiction, the transfer of Personal Data is necessary to provide you with the requested information and/or to perform any requested transaction. When you submit personal information to us you are transferring your data across borders.With respect to transfers originating from the European Economic Area ("EEA") to the kingdom of Thailand and other non-EEA jurisdictions, we implement standard contractual clauses approved by the European Commission, and other appropriate solutions to address cross-border transfers as required or permitted by Articles 46 and 49 of the General Data Protection Regulation. Where required by such laws, you may request a copy of the suitable mechanisms we have in place by contacting us as detailed below.
9. How You can Access, Change and Delete Your Information
You can access and change information previously submitted by logging into “My Library”, selecting "Account Settings" and editing the data fields there. You can also change payment information in your paid the Firm’s account and remove payment information in terminated or downgraded accounts.
10. Security and Retention of your Personal Information
You are responsible for safeguarding and preventing unauthorized access to the user information and password that you use to access our Site. You agree not to disclose your password to any third party and you are responsible for any activity using your account, whether or not you authorized that activity. If applicable, please immediately notify the Firm of any unauthorized use of your account.The Firm uses industry standard security measures to secure your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. KEMBERTS regularly reviews its security measures to consider appropriate new technology and methods. Please be aware that, despite our efforts, no security measures are perfect or impenetrable.We typically retain Personal Data related to marketing activities for as long as you accept marketing communications from us, and we will securely delete such data in accordance with applicable law upon request. For Personal Data that we collect and process for other purposes, we will typically retain such Personal Data for as long as it is necessary to fulfill the purposes outlined in this Privacy & Cookies Statement and as otherwise specified in applicable record retention policies and procedures.
11. Children Under Thirteen
Our Site is not intended for use by children under the age of 13, and such use is prohibited by our Terms of Use. We do not knowingly collect personally identifiable information from children under 13. If you become aware that a child has provided us with personal information, please contact us as set forth in this statement.
12. Changes to this Privacy Policy We may update this Privacy & Cookies Statement from time to time as our services and privacy practices change, or as required by law. The effective date of our Privacy & Cookies Statement is posted below, and we encourage you to visit our Sites periodically to stay informed about our privacy practices. We will post the updated version of the Privacy & Cookies Statement on our Sites, and ask for your consent to the changes if legally required.
13. Other IssuesWhat are the consequences of not providing Personal Data?
You are not required to provide all Personal Data identified in this Privacy & Cookies Statement to use our Sites or to interact with us offline, but certain functionality will not be available if you do not provide Personal Data. If you do not provide Personal Data, we may not be able to respond to your request, provide legal services to you, or provide you with marketing that we believe you would find valuable.
Do we engage in automated decision-making without human intervention?
We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or otherwise significantly affects you.
Do the Sites honor do not track ("DNT") signals sent via browsers?
Given the divergent practices of organizations that offer browsers and the lack of a standard in the marketplace, we generally do not respond to DNT signals at this time.
KEMBERTS uses tracking pixels and other technology to track the pages our customers visit within our websites. This data is used to understand our customers' needs, how customers use our Services, improve our Services and deliver customized content and recommendations to users whose behavior indicates that they are interested in a particular subject area. Please note that any "do not track" signals sent by your web browser or other mechanism have no effect on the collection of personally identifiable information by KEMBERTS. We use third parties such as Google Analytics for data collection and analytics to collect, process and store your site usage and browser information on our behalf when you use our Services.
KEMBERTS uses tracking to create remarketing audiences of users based on user behavior and visits to our website. KEMBERTS may also target these users with custom ads based on affinities/interests, geographic and demographic signals. Users can opt out of some or all of these advertising features by visiting Facebook's ad page, Google's opt-out page or resources like the NAI consumer opt-out page. KEMBERTS may use email addresses to target users with custom ads through third party advertising platforms. KEMBERTS shares certain customer information described in Section 1 above with third parties to perform services (advertising) on our behalf.
Are third party websites governed by this Privacy & Cookies Statement?
The Sites may contain links and references to other websites administered by unaffiliated third parties. This Privacy & Cookies Statement does not apply to such third party sites. When you click a link to visit a third party website, you will be subject to that website's privacy practices. We encourage you to familiarize yourself with the privacy and security practices of any linked third party websites before providing any Personal Data on that website.
How does the Firm handle employee and contractor privacy issues?
Personal Data about our employees and contractors are addressed through internal Firm policies and procedures, and are outside the scope of this Privacy & Cookies Statement.
Contact us
If you have questions or comments regarding this Privacy & Cookies Statement or our privacy practices, please contact our General Counsel at kemberts@kemberts.com.