Last Updated: May 28, 2023
Ivy Management Consulting LLC (“Ivy”) respects your concerns about privacy. Ivy 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. Ivy recognizes that the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield are no longer valid transfer mechanisms for personal information from the European Union and its Member States, the European Economic Area, or Switzerland.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, Ivy, 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 purposes of this Policy:
“Ivy Group” means the subsidiaries and affiliates of Ivy Management Consulting LLC.
“Client” means any entity that obtains strategic and management consulting or other services from the Ivy Group.
“Consumer” means any natural person who is located in the EU or Switzerland, but excludes any individual acting in his or her capacity as a Worker.
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“EU” means the European Union and Iceland, Liechtenstein and Norway.
“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by Ivy 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).
“Worker” means any current, former, or prospective employee of the Ivy Group, who is located in the EU or Switzerland. For purposes of this Policy, “Worker” includes any managing director, temporary worker, intern, other non-permanent employee, contractor, or consultant of Ivy Group, who is located in the EU or Switzerland.
Types of Personal Data Ivy Collects
As a Processor, Ivy receives Personal Data about its Clients’ Consumers located in the EU and Switzerland. For example, in connection with providing strategic and management consulting or other services to its Clients, Ivy may access or obtain Personal Data about a Client’s Consumers located in the EU and Switzerland. In addition, Ivy may access or obtain Personal Data about a Client’s Consumers located in the EU and Switzerland in connection with providing support services to the Ivy Group, 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.
Ivy also collects Personal Data directly from Consumers. This collection occurs, for example, when a Consumer visits Ivy’s websites or mobile applications, and provides Personal Data through the websites or mobile applications. In addition, Ivy obtains Personal Data, such as contact information, in connection with maintaining the firm’s Client relationships and providing services to Clients. Ivy also obtains Personal Data, such as contact information, of its vendors’ representatives. Ivy uses this information to manage its relationships with its vendors.
Ivy’s 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
Ivy provides information in this Policy and the company’s about its Consumer Personal Data practices, including the types of Personal Data Ivy collects, the types of third parties to which Ivy 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 Ivy about its practices concerning Personal Data.
When Ivy acts as a Processor and Consumer Personal Data is transferred to Ivy in the U.S. 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 Ivy 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, Ivy obtains opt-in consent for certain uses and disclosures of Sensitive Data. Consumers may contact Ivy as indicated below regarding the company’s use or disclosure of their Personal Data. Unless Ivy offers Consumers an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy.
When Ivy maintains Personal Data about Consumers with whom Ivy does not have a direct relationship because Ivy obtained or maintains the Consumers’ data as a Processor, Ivy’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.
Ivy shares Consumer Personal Data with its affiliates and subsidiaries. Ivy 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. Ivy 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 Ivy’s Privacy Policy describe Ivy’s sharing of Consumer Personal Data.
To the extent Ivy acts as a Controller, except as permitted or required by applicable law, Ivy provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. Ivy 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 Ivy 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, Ivy (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 Ivy’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify Ivy 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. Ivy 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 Ivy proves that it is not responsible for the event giving rise to the damage.
Security
Ivy 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
Ivy limits the Consumer Personal Data it processes to that which is relevant for the purposes of the processing. Ivy 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, Ivy 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, Ivy relies on its Consumers and Clients (with respect to Personal Data of Consumers with whom Ivy 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 Ivy as indicated below to request that Ivy update or correct relevant Personal Data.
Subject to applicable law, Ivy 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 Ivy acts as a Controller, where appropriate, Ivy provides Consumers with reasonable access to the Personal Data Ivy maintains about them. Ivy 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.
Ivy 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 Ivy as indicated below.
When Ivy maintains Personal Data about Consumers with whom Ivy does not have a direct relationship because Ivy maintains the Consumers’ data as a Processor for its Clients, Ivy’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 Ivy Client. When a Consumer is unable to contact the appropriate Client, or does not obtain a response from the Client, Ivy will provide reasonable assistance in forwarding the Consumer’s request to the Client.
Recourse, Enforcement and Liability
Ivy has mechanisms in place designed to help assure compliance with the Privacy Shield Principles. Ivy conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions Ivy makes about its Privacy Shield privacy practices are true and that Ivy’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.
In compliance with the Privacy Shield principles, Ivy commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Ivy at dataprivacy@ivymgtconsulting.com.
Privacy Shield Website
To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
How to Contact Ivy
To contact Ivy with questions or concerns about this Policy or Ivy’s Personal Data practices:
Write to:
Ivy Management Consulting. LLC
Attn: Legal Department
501 Congress Avenue
Austin, Texas 78701
or
Email: dataprivacy@ivymgtconsulting.com
