Last updated 18 May 2021
As an organisation that offers software for the purposes of compliance with anti-money laundering requirements, Kyckr advocates for transparency, accountability and compliance with legal and regulatory requirements. Kyckr is equally passionate about ensuring that its business model and operations are compliant with all relevant laws and regulations including those that concern data protection. For example, Kyckr ensures to comply with the European Union’s General Data Protection Regulation 2016/679 (“EU GDPR”) and the UK’s version of the EU GDPR.
Kyckr is made up of several legal entities and together all of these entities form a group. This Privacy Notice applies to the entire group and ensures that Kyckr fulfils its information and transparency obligations under data protection law in the countries in which it operates.
In this Privacy Notice, we have provided you with detailed information on how we collect and process your personal data. This Privacy Notice applies for when you’re a user of our website, a customer, a prospective member of our staff, a service provider to us or a reseller that is selling Kyckr’s services on its behalf. This Privacy Notice also applies to any company directors and shareholders that are included in public registries as our software connects our customers to these public registries.
WHAT PERSONAL DATA DO WE COLLECT ABOUT YOU AND HOW?
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 (also known as “anonymous data”).
1.1 Different kinds of personal data
In general, we collect, use, store and transfer different kinds of personal data and we’ve grouped them together below for you:
Type of dataWhat does this include?Identity DataThis includes first name, maiden name, last name, user-ID, marital status, title, date of birth and gender.Contact DataThis includes phone number, email address, business address and billing address.Financial DataThis includes bank account and payment card details.Transaction DataThis includes details about payments from you where you have or are utilising our services.Technical DataThis includes internet protocol address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.Profile DataThis includes agreements signed with you (such as our Terms & Conditions for Services and/or our User Agreement and any tickets which you have raised via our website).Usage DataThis includes information about how you use our website (including your IP address and the time of visit) and services.Marketing and Communications DataThis includes your preferences in receiving marketing from us and your communication preferences (including in respect of cookies).
We also collect, use and share “Aggregated Data” such as statistical or demographic data for other purposes including research and analysis. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. 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 occasionally collect some special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, information about your health etc. where you are a prospective member of staff). We only obtain and process any data on this topic when we have a lawful basis in which to do so (i.e., you have given us your consent and chosen to provide us with this data).
We do not collect any data concerning criminal convictions except in the employment context and where we are permitted by law to do so when completing background checks on prospective staff.
1.2 Our relationship with you
The personal data that we collect from you depends on our relationship with you. Below we’ve made a chart which explains the personal data that we collect, how we collect this data and what our legal basis is for collecting it (as we will only collect and process your personal data when the law allows us to do so).
Please contact us on firstname.lastname@example.org 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 above.
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.
1.3 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. In this case, we may cease providing services to you and will notify you in advance.
1.4 Change of purpose
We will only use your personal data 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 this does occur and you wish to get an explanation as to how the processing for a new purpose is compatible with the original purpose, please contact us on email@example.com. If we need to use your personal data, however, for an entirely 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 above rules, where this is required or permitted by law.
2. PERSONAL DATA FROM PUBLIC REGISTRIES
Kyckr’s software has the ability to transfer data including personal data, namely the details of directors and shareholders from the public domain to its customers either via Kyckr’s web-portal or API.
Kyckr has created its business based on the principle of privacy by design and data minimisation and as such, it does not store any data that it transfers from public registries to its customers. Kyckr, unlike its competitors, only provides a conduit through which to transfer data and therefore, it does not store or duplicate in any form any data from public registries.
In general, Kyckr is permitted to transfer this data because it is necessary for its legitimate interests and its legitimate interests do not override the interests or fundamental rights and freedoms of the directors and shareholders included within public registries. This is because Kyckr’s software is helpful in combating money laundering and therefore ensuring that we have a stronger and safer society. As the personal data that Kyckr transfers is publicly available (and directors and shareholders should be aware of its existence and publication in public registries), we do not believe that their rights override our compelling legitimate interests of preventing and detecting crime.
3. KYCKR AS A DATA PROCESSOR
Kyckr is considered to be a “data controller” in most of its relationships; however, when Kyckr is performing its services for its customers, it is considered to be a “data processor”. As a “data processor”, Kyckr has to adhere to certain statutory data protection requirements and we have explained these requirements and Kyckr’s approach within 4.1. – 4.9. below. Our Terms & Conditions for Services also include these requirements as contractual obligations.
Kyckr ensures to process personal data upon the documented instructions of its customers. When our customers enter into our Terms & Conditions for Services with us, they are providing us with general instructions on how they wish to engage with us and use our services.
When our customers are using our services, they are providing us with specific instructions by the searches to our web-portal or calls made to our API for the information that they want transferred from public registries to them.
As our customers are “data controllers”, they are required to have their own lawful bases for any personal data that they process and this includes when they are using Kyckr’s services. This means that our customers need to have assessed which lawful bases they can rely on when sending us specific instructions to transfer data from public registries to them. Examples of lawful bases that customers may consider relying on are as follows:
- they believe it is in their legitimate interests to process personal data from the public domain as part of their due diligence on an organisation; and/or
- they believe that they need to process this personal data in order to comply with a legal obligation (e.g., anti-money laundering legislation).
It is not for Kyckr, as the “data processor”, to assess and determine the lawful basis that its customers are to rely on when utilising Kyckr’s services.
3.2 Confidentiality obligations
Kyckr ensures that its staff contracts include confidentiality obligations and that its staff agree to and abide by these obligations.
3.3 Appropriate technical and organisational measures
Kyckr ensures that it has appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any necessary measures. Kyckr takes information security seriously and is ISO 27001 certified.
3.4 Transferring data across borders
Kyckr ensures not to transfer any personal data outside of the European Economic Area (“EEA”) unless it has appropriate safeguards in place and that there is an adequate level of protection to any personal data that is transferred.
3.5. Third party suppliers
Kyckr’s customers consent to Kyckr appointing third-party suppliers in order for Kyckr to deliver its services. Kyckr shall ensure that its contractual documentation with its third-party suppliers incorporates terms required under data protection law.
3.6. Assisting customers in complying with their data protection obligations
Kyckr shall assist its customers in responding to any request from data subjects and in ensuring compliance with its obligations under data protection law with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators. In some instances, reasonable charges for Kyckr’s assistance will be agreed between it and the customer which requires its support.
3.7. Personal data breach
Kyckr shall ensure to notify its customers without undue delay on becoming aware of a personal data breach that concerns their personal data.
3.8. Deletion and returning of personal data
At the written direction of its customers, Kyckr shall ensure to delete or return personal data and copies on termination of the Terms & Conditions for Services, unless Kyckr is acting as a “data controller” and is therefore required by law to store the personal data (e.g., due to tax requirements).
3.9. Data protection records and compliance
Kyckr shall ensure to maintain complete and accurate records and information to demonstrate compliance with data protection law. Kyckr is ISO27001 certified and is happy to provide its customers with evidence of its certification upon request (and subsequently on an annual basis if necessary) in order to demonstrate its compliance with data protection legislation.
4. DO WE DISCLOSE YOUR PERSONAL DATA TO OTHERS AND IF SO, WHO?
We may share your personal data with the parties set out below for the purposes set out in the table above.
- Internal third-parties such as those within our group that are based within and outside of the UK and the EEA such as in Australia.
- External third-parties that act as data processors such as:
- Website, marketing and sales software – for us to successfully communicate with you and tailor our services to your needs. For example, we use Google and Salesforce as third-party suppliers.
- Technology companies that provide us with desktop and cloud-based products, solutions and services – for us to conduct our business (such as providing you with additional functionalities via our web-portal or API) and for us to back-up data (which may include your personal data). For example, we use Microsoft as a third-party supplier.
- Payment service providers – for us to process any payments made by our customers to us. For example, we use Global Payments [Realex Payments] and Worldpay Merchant Services.
- Google Analytics – We use the web analytics service provided by Google Analytics on our websites. This uses data collected by cookies, i.e., information about your use of our website and your surfing behaviour, to be transmitted to a Google server in the United States of America and stored there. The purpose of this service is to evaluate Usage Data, to create various data in statistics for advertising purposes (such as anonymised information about age, gender, interests of our website users etc.), to be able to provide more targeted and more interesting advertising for you, to regularly improve our website, and to provide feedback to get about your favourite products and services. We use this service strictly in accordance with data protection legal requirements and have entered into a data processing agreement with Google.
- Please note that the IP addresses transmitted by Google Analytics is integrated using a special code “ga” and it is anonymised before transmission.
- If you reject the use of Google Analytics despite it anonymising your IP address, you can prevent Google from processing the Usage Data generated by the cookies by downloading and installing the following technical browser plug-in (a so-called “add-on”): https://tools.google.com/dlpage/gaoptout?hl=en. Please note that this browser plug-in only works on your desktop or notebook, but not on mobile devices.
- Other external third-parties which are not deemed to be data processors in their relationships with us such as:
- Professional advisers such as law firms, banks, and accountancy firms – which we need to engage with for the purposes of our business and may need to provide data (and this may include sharing your personal data).
- Regulators and other governmental authorities – which we need to engage with for the purposes of our business and may need to provide data (and this may include sharing your personal data).
- Third-parties to whom we may be in contact with to sell, transfer or merge parts of our business or our assets, or to attempt to acquire or merge with other companies. In this situation, it may result in the disclosure of your personal data and we will ensure that it is kept confidential. 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 and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions, except for when such third-parties are regulators and other governmental organisations.
Your personal data will not be sold to any third-parties without your express prior consent.
5. IS YOUR DATA EVER TRANSFERRED OUTSIDE OF THE EEA?
We share your personal data within Kyckr and with some of our third-party suppliers. This will involve transferring your data outside the UK and/or the EEA. Whenever we transfer your personal data out of the UK and/or the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in EEA. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
Please contact us on firstname.lastname@example.org if you want further information on the specific mechanism used by us when transferring your personal data out of the UK and/or EEA.
6. HOW LONG DO WE RETAIN YOUR DATA?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised 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, regulatory, tax, accounting or other requirements.
In some circumstances you can ask us to delete your data: see section 8 below for further information. In some circumstances we will 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.
7. WHAT ARE YOUR LEGAL RIGHTS?
Under certain circumstances, you have rights under data protection laws in relation to your personal data which we have summarised for you below.
If you wish to exercise any of the rights set out above, please contact us on email@example.com. 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 could refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity. This is a security measure also in your own interest 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.
We try to respond to all legitimate requests within 1 month. Occasionally it could take us longer than 1 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.
8. DATA SECURITY
We have within our group put in place appropriate technical and organisational security measures to prevent your personal data from being accidentally lost, falsified, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, contractors and other third-parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so (i.e., in situations where there is a data protection breach and it is of a high risk, we will personally inform you without delay).
While we operate to the highest standards, we are also aware that the transmission of information via the internet is not completely secure. We cannot guarantee the security of your data transmitted to our website and any transmission is at your own risk. Where we have given you (or where you have chosen) a user-ID and password which enables you to access any of our services, you are responsible for keeping this password confidential and for following our Terms & Conditions for Services as well as our User Agreement. If we provide you with a key in order for you to access our API, you are responsible for keeping this key confidential and for following our Terms & Conditions for Services.
10. THIRD-PARTY LINKS & SOCIAL PLUGINS
Our websites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third-parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our websites, we encourage you to read the privacy documentation of every website you visit.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your Identity Data, Contact Data, Technical Data, Usage Data and Profile 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 products, services and offers may be relevant for you.
You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing. We will get your express opt-in consent before we share your personal data with any third-party for marketing purposes. You can ask us or third-parties to stop sending you marketing messages at any time by contacting us at any time on firstname.lastname@example.org and withdrawing your consent. Where you opt out of receiving these marketing messages, this will not apply to messages that we need to send you a result of performing a contract that we have with you (e.g., as we may be required to contact you about a payment due).
12. CONTACT US
As Kyckr takes managing your personal data extremely seriously, we have members of staff who are collectively responsible for overseeing the management and security of your personal data as well as answering any questions that you have about this Privacy Notice. If you would like to get in touch with this team, please kindly contact email@example.com.
We also need to let you know that if you have any concerns and/or you’re not happy with our approach, you have the right to make a complaint at any time to your local data protection regulator. Please note the following data protection regulators:
- Ireland: Irish Data Protection Commission – click here to access its website.
- United Kingdom: Information Commissioner’s Office – click here to access its website.
- Australia: Australian Information Commissioner – click here to access its website.
Data protection laws are constantly evolving, and we endeavour to maintain best practice. However, we recognise that we may not always get it right and if you are not satisfied in the way we handle your personal data or you wish to discuss our processes then we would like to hear from you and recommend that you contact us on firstname.lastname@example.org in the first instance. We would like the chance to discuss with you your feedback before you approach a data protection regulator.
This Privacy Notice is kept under regular review and was last updated on 18 May 2021.