This Privacy Shield Notice pertains to Alvarez & Marsal Disputes and Investigations, LLC (“A&M DI”, “we”, “us”, or “our”), a subsidiary of Alvarez & Marsal Holdings, LLC (“A&M”).  This Privacy Shield Notice supplements and should be read in conjunction with the privacy notice available on A&M’s website at https://www.alvarezandmarsal.com/privacy-notice.  For purposes of A&M DI’s Privacy Shield Certification, this Privacy Shield Notice should be understood to incorporate A&M’s Privacy Notice.

A&M DI complies with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of non-human resources personal data (as defined below) that is transferred from the European Union (“EU”), the European Economic Area (“EEA”), the United Kingdom (“UK”) and Switzerland to the United States within the scope of its certification.  A&M DI has certified to the U.S Department of Commerce that it adheres to the Privacy Shield Principles with respect to such data.  If there is any conflict between the terms in this Privacy Shield Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern. However, in light of the judgment of the Court of Justice of the EU in Case C-311/18M, A&M DI does not rely on the EU-U.S. Privacy Shield Framework as a legal basis for transfers of Personal Data.

For the purposes of this Privacy Shield Notice, (i) “personal data” means information about an identified or identifiable individual within the scope of the General Data Protection Regulation, received by A&M DI in the United States, from the EU, EEA, UK or Switzerland, and recorded in any form.  Personal data  does not include information collected from an employee of A&M DI and/or its affiliates within the scope of their employment. Personal data covered by this Privacy Shield Notice is collected and processed only as permitted by the Privacy Shield Principles. 

To learn more about the Privacy Shield program, and to view A&M DI’s certification, please visit the Privacy Shield website.

Disclosures & Accountability for Onward Transfers

Consistent with the Privacy Shield Principles, A&M DI may transfer personal data to third parties, including transfers from one country to another. We will only disclose an individual’s non-public personal data to third parties under one or more of the following conditions:

• The disclosure is to a third party providing services to A&M DI, or to the individual, in connection with the operation of our business, and as consistent with the purpose for which the personal data was collected. We maintain written contracts with these third parties and require that these third parties provide at least the same level of privacy protection and security as required by the Privacy Shield Principles. To the extent provided by the Privacy Shield Principles, A&M DI remains responsible and liable under the Privacy Shield Principles if a third party that it engages to process personal data on its behalf does so in a manner inconsistent with the Privacy Shield Principles, unless A&M DI proves that it is not responsible for the matter giving rise to the damage.
• With the individual’s permission to make the disclosure.
• Where required to the extent necessary to meet a legal obligation to which A&M DI is subject, including a lawful request by public authorities and national security or law enforcement obligations and applicable law, rule, order, or regulation.
• Where reasonably necessary for compliance or regulatory purposes, or for the establishment of legal claims.

Access

Individuals whose personal data is covered by this Privacy Shield Notice have the right to access the personal data that A&M DI maintains about them as specified in the Privacy Shield Principles. Individuals may contact us to correct, amend or delete such personal data if it is inaccurate or has been processed in violation of the Privacy Shield Principles (except when the burden or expense of providing access, correction, amendment, or deletion would be disproportionate to the risks to the individual’s privacy, or where the rights of persons other than the individual would be violated). Requests for access, correction, amendment or deletion should be sent to: data.protection.office@alvarezandmarsal.com.

Questions and Complaints

If you have any Privacy Shield-related questions or complaints, please contact us at: data.protection.office@alvarezandmarsal.com.

A&M DI has engaged a U.S.-based, independent dispute resolution provider to address unresolved Privacy Shield-related complaints. If you have a complaint that has not been resolved with A&M DI directly, you may contact JAMS, a dispute resolution provider which has locations in the United States, EU, the UK and Switzerland. For more information or to file a complaint with JAMS free of charge, please visit the JAMS Privacy Shield website.

Under certain conditions, a binding arbitration option may be available to you in order to address complaints not resolved by any other means. For further information, please visit the Privacy Shield website.

A&M DI is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission with respect to all matters associated with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks and A&M DI’s rights, practices and obligations associated therewith.

This privacy shield notice was last updated on July 1, 2023.