DATA PROTECTION FRAMEWORK PRIVACY NOTICE OF ALVAREZ & MARSAL DISPUTES AND INVESTIGATIONS, LLC

This Data Protection Framework Privacy Notice (“DPF Notice”) is provided for purposes of complying with the EU-U.S. Data Privacy Framework and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework. This DPF 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 DPF 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 certification to the foregoing frameworks, this DPF Notice should be understood to incorporate A&M’s Privacy Notice.

A&M DI complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) 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 EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. A&M DI has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (“DPF”) program, and to view our certification, please visit the DPF site at: https://www.dataprivacyframework.gov/.

For the purposes of this DPF Notice, (i) “personal data” means information about an identified or identifiable individual within the scope of the EU General Data Protection Regulation (“GDRP”) GDPR as transposed into UK national law, together with the UK Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended) and other data protection or privacy legislation in force from time to time in the UK (collectively, “UK GDPR”), and Swiss Federal Act on Data Protection of 19 June 1992 and the revised version of 25 September 2020 when in force (“FADP”), that is 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 DPF Notice is collected and processed only as permitted by the EU-U.S. DPF Principles and Swiss-U.S. DPF Principles.

DISCLOSURES & ACCOUNTABILITY FOR ONWARD TRANSFERS

Consistent with the EU-U.S. DPF Principles and Swiss-U.S. DPF Principles, A&M DI may transfer personal data to its affiliates, its service providers, and other third parties, including transfers from one country to another. We will only disclose an individual’s personal data under one or more of the following conditions:

• To an A&M DI affiliate, purposes of assisting A&M DI in providing its services.
• To a third-party service provider that provides 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 EU-U.S. DPF Principles and Swiss-U.S. DPF Principles. To the extent provided by the EU-U.S. DPF Principles and Swiss-U.S. DPF Principles, A&M DI remains responsible and liable under the EU-U.S. DPF Principles and Swiss-U.S. DPF Principles if a third party that it engages to process personal data on its behalf does so in a manner inconsistent with the EU-U.S. DPF Principles and/or Swiss-U.S. DPF Principles, unless A&M DI proves that it is not responsible for the matter giving rise to the damage.
• To our accountants, lawyers, and other professional advisors, under an appropriate agreement.
• 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 or defense of legal claims.
• To other persons or entities in connection with the sale of all or part of our business, or a reorganization or combination of our business with another organization.
• With the individual’s permission to make the disclosure.

YOUR RIGHTS AND CHOICES

Individuals whose personal data is covered by this DPF Notice have the right to access the personal data that A&M DI maintains about them as specified in the EU-U.S. DPF Principles and Swiss-U.S. DPF 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 EU-U.S. DPF Principles and Swiss-U.S. DPF 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). Notwithstanding the foregoing, A&M DI may limit or deny access to personal data to the extent that provided under EU, UK and/or Swiss data protection laws.

If A&M DI processes your personal data on the basis of consent, you have a right to withdraw consent at any time. We do not generally process personal data based on consent (because we can usually rely on another legal basis).

To exercise any of the foregoing rights, you may use our Data Subject Access Request Form or
submit a written inquiry through our Contact Us form.

As noted above, A&M DI discloses personal information to its affiliates, its service providers and other third parties. Individuals whose personal data is covered by this DPF Notice do not have the right to opt out of such disclosures, except to the extent the disclosure is made solely on the basis of consent.

COMPLAINTS AND RECOURSE MECHANISM

If you have a complaint regarding how A&M DI processes personal data covered by this DPF Notice, please contact us directly and we will endeavor to resolve it directly. 

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, A&M DI commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, and the Swiss-U.S. DPF to JAMS, an alternative dispute resolution provider which has locations in the United States, EU, the UK and Switzerland. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. The services of JAMS are provided at no cost to you.

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 DPF site at: https://www.dataprivacyframework.gov/.

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. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF and A&M DI’s rights, practices and obligations associated therewith.

QUESTIONS

If you have any questions or complaints related to A&M DI’s DPF certification, please submit a written inquiry through our Contact Us form.

Last update: July 1, 2024