1. ANKURA CONSULTING GROUP, LLC’S COMMITMENT TO YOUR PRIVACY

Ankura Consulting Group, LLC (collectively “Ankura”, “we,” or “us”) are committed to protecting your privacy and that of your business and employees, while providing you with the opportunity to receive our services.

This privacy policy (“This Privacy Policy”) describes the ways in which we collect information from you, including when you use our website (the “Site”), what we may use your information for, and the choices you can make about the collection and use of information you submit or we collect through the Site and our related websites. The categories of the Personal Data collected from you depend on how you use the Site. “Personal Data” as used herein means all information that can directly or indirectly identify you or other individuals.  This Privacy Policy applies to all of your interactions via electronic communications with Ankura, whether by visiting Ankura’s website, sending or receiving emails from Ankura, applying for a job with Ankura online, or requesting marketing communications from Ankura. This Privacy Policy also applies to our collection and use of information which we collect from you in the normal course of business. This Privacy Policy is at all times subject to any applicable local law requirements. This Privacy Policy may be amended by us at any time. If we make any material changes to how we treat Personal Data we will notify you by placing a notice on the Site prior to the change becoming effective. You should check the Site frequently for updates.

This Policy was last updated on August 23, 2018.

2. HOW DO WE COLLECT DATA FROM YOU?

Browsing and Use of the Site

We collect information and data from you in various ways, including through your use of the Site, such as:

  • During the course of your use of the Site (this will include any and all material you send or upload either to the Site or to any email address provided on the Site);
  • Through our use of “cookies” (see section 8 below); and
  • Information that you provide to us and information that we request further information from you from time to time.

3. WHAT DATA DO WE COLLECT FROM YOU?

Career Information

If you submit Personal Data (including, as permitted by applicable local law, sensitive Personal Data as described below) to us via the Careers section of the Site when applying for a position at Ankura, we will process such Personal Data solely for the purposes of considering applications and recruitment (and for purposes of our administration and/or management if you commence work for Ankura), not for marketing purposes. Sensitive Personal Data may, subject to local laws, include information as to your: gender, racial or ethnic origin, political opinions, religious, philosophical or similar beliefs, trade union membership, Veteran or disability status, physical or mental health, sexuality, commission of criminal offenses and/or involvement in criminal proceedings. Ankura is an equal opportunity employer. If you do not provide such Personal Data, we may not be able to contact you regarding career opportunities.

Additionally, when you apply for a position or authorize us – through a separate consent – to obtain a consumer report (e.g., a background check), we will collect personal and non-personal information (e.g., name, address, telephone number, resume, employment history, reference information, salary expectations, education, social security number and so on). When you apply for a position you may also provide the names, email addresses and phone numbers of third-party references. You represent that you have obtained permission from your references to provide us with their personal information.

Information to Respond to your Requests

We may send you information as requested – e.g., newsletters, publications, market research reports, surveys to understand your interests and other communications you request. Details of how you can opt-out of receiving any communications from us are detailed in section 7 below.

We will process the Personal Data we obtain from you in the context of your request only for the purpose of administering and providing the information you request.

Information from Other Sources

The information we collect may be combined with information from outside records (e.g., demographic information, navigation information, additional contact information) that we have acquired in accordance with law. These sources include social media sites, company websites and subscription-based third party databases. For example, if you work at a law firm but we don’t know your title, we may go to the firm’s website or a social media site to confirm your title. We will process the Personal Data we collect only for purposes described above.

Mobile Information

We may collect additional information from you if you access our Site through a mobile device (e.g., your device’s operating system, unique device identifier, and country or state of location) to better serve your needs and to optimize the services for you. Please also see section 8 for further details.

Technical Usage Information

When you visit our Site, we collect usage information sent to us by your computer, mobile, or other access device that tells us how you are using the Site such as the browser type, IP address, user language, the operating system, the presence/absence of “flash” plug-ins, screen resolution, connection type, and information that identifies the cookie, the pages you view and the length of your visit to the Site (“Usage Information”). We use tracking technologies (including cookies, flash cookies, web beacons/GIFs, embedded scripts, e-tags/cache browsers) to collect Usage Information. Please see section 8 for further details.

We may also collect computer and/or connection information. During some visits to our Site we may use software tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction information.

4. OUR USE OF PERSONAL DATA

We may collect and use Personal Data collected from you (however collected) in order to perform our business functions and provide consultancy services to our customers, including for the following purposes:

  • Administering and improving the Site;
  • Processing your requests and answering your inquiries;
  • Providing information regarding Ankura and its offices, the services, seminars, publications, Ankura’s marketing information and all other information and/or materials offered by Ankura;
  • Sending newsletters, updates, and all other information and/or materials offered by Ankura;
  • Processing your application for employment or responding to an inquiry related to employment;
  • Consolidating information relating to our clients and service providers among Ankura offices; and
  • Addressing matters incidental to the purposes of use set out above, where permitted by applicable local law.

We process your Personal Data:

  • For the purposes of safeguarding the legitimate interests pursued by Ankura, including for the purposes listed above;
  • On the basis of your consent. Insofar as you have granted us consent to the processing of Personal Data for specific purposes (for example, your application for employment with Ankura), the lawfulness of such processing is based on your consent. You may withdraw your consent at any time; and
  • For compliance with legal obligations. This includes anti-fraud and anti-money laundering measures as well as tax and social security requirements.

5. RETENTION OF DATA

We retain Personal Data as necessary for the duration of the purposes outlined in this Privacy Policy.  Notwithstanding the duration of the purposes, we may retain your Personal Data if necessary to comply with our legal or professional obligations, enforce our agreements or resolve disputes.

6. WHO RECEIVES YOUR DATA

Information collected on the Site may be shared with:

The Ankura Corporate Family

We may share the information we collect about you with the Ankura corporate family and their and our affiliates and subsidiaries. The information may be disclosed (i) to provide joint content and our services (e.g., registration, transactions, analytics and customer support); (ii) to help detect and prevent potentially illegal acts, violations of our policies, fraud and/or data security breaches; and (iii) to guide decisions about our Ankura products, Site, services, tools, and communications. Members of our corporate family may use this information to send you marketing communications and you will have the opportunity to opt-out in email communications.

Service Providers and Other Third Parties

We may disclose your information to service providers under contract who help with our business operations (including, but not limited to, fraud investigations, software development, email delivery, marketing communications, bill collection, payment processing, audits, technical services and site analytics and operations).

Other Entities with your Consent

We may disclose your information to other third parties to whom you explicitly ask us to send your Personal Data (or about whom you are otherwise explicitly notified and consent to when using a specific service). On the Site, you may have opportunities to express interest in or register for other services. If you do, we will provide your Personal Data to those third parties, or parties working on their behalf, to implement your request. When you interact with our Site through social media sites, plug-ins or other applications, depending upon your privacy settings, this information may become public on the Internet. We cannot prevent further use of this information. You can control what data you share through privacy settings available on some social media sites. Please refer to those third-party sites’ privacy policies and terms of use to learn more about their privacy practices, which we do not control.

Legal Obligations

We may disclose your Personal Data as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to comply with such legal process, or to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. We will use reasonable endeavors to notify you before doing so, unless we are legally restricted from so doing.

Change of Control: New Owners

Ankura may in the future reorganize or transfer all or part of its businesses, which may result in the transfer of your Personal Data to new entities (which will be subsidiaries or affiliates of Ankura) or third parties through which the whole or a part of the Ankura businesses will be carried out. If Ankura becomes insolvent, enters into receivership or any similar or equivalent event occurs, those acting on behalf of Ankura may sell the business or parts of it to a third party, in fulfillment of legal or business requirements. This may result in the transfer of your Personal Data to a third party through which the business or parts of it will be carried out.

7. YOUR CHOICES

You can control how and when you want to receive notifications regarding electronic newsletters and marketing-related emails for services described on the Site by contacting us at marketing@ankura.com or by following the “unsubscribe” instructions within the notices. You can opt-out of our marketing communications anytime by following the opt-out instructions in our commercial e-mails or by contacting marketing@ankura.com.

8. TRACKING TECHNOLOGIES (COOKIES)

When you visit the Site, we and our business partners may use tracking technologies to enhance your online experience or customize our offerings.

A few additional important things you should know about our use of tracking technologies (cookies):

  • We offer certain features that are available only through the use of tracking technologies.
  • We use both session and persistent tracking technologies. Tracking technologies (e.g., cookies) can either be persistent (i.e. they remain on your computer until you delete them) or temporary (i.e. they last only until you close your browser). You are always free to decline tracking technologies if your browser permits, although doing so may interfere with your use of the Site. Refer to the help section of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling tracking technologies such as cookies. If you want to know more about cookies and how to disable them, please go to http://www.cookiecentral.com/c_concept.htm (an independent website).
  • We use tracking technologies with your prior consent as obtained through your continued use of this Site.
  • You may encounter tracking technologies/cookies from our third-party service providers that we have allowed on our Site that assist us with various aspects of our Site operations and services, such as Google Analytics.
  • You also may encounter tracking technologies from third-parties on certain pages of the websites that we do not control and have not authorized. For example, if you view a web page posted as a link from our Site, there may be a cookie placed by that web page.

We may target and track the videos you view on the Site. You consent to our tracking of your video viewing through the Site or third-party social media for up to two years or as permitted by applicable law, unless you notify us through the channels identified in this Privacy Policy.

9. TRANSFER OF PERSONAL DATA OUTSIDE OF YOUR LOCAL JURISDICTION

The Internet is a global environment and Ankura’s headquarters are in the United States of America. In order to provide our services we may need to transfer Personal Data to locations outside the local jurisdiction in which you are viewing the Site and process Personal Data outside that jurisdiction for the purposes set out above. The Ankura office that collects such Personal Data is the responsible party to administer and manage such Personal Data, although it may transfer Personal Data to other offices as set out in this section. Please note that Personal Data sent to us or uploaded by you via the Site may therefore be controlled and processed by any of Ankura’s offices, some of which are outside your local jurisdiction. The location of our offices may change from time to time and we may establish offices in any number of countries or territories at any time, any one or more of which may act as controllers and/or processors of such Personal Data. A link to all current Ankura offices is available at https://www.ankura.com/offices.

If you are located in the European Economic Area and you interact with our Site or provide Ankura Personal Data over the Site or otherwise, then your Personal Data may be transferred to the United States and to other Ankura offices, and all Ankura offices may hold, process, use, disclose and transfer to other Ankura offices such Personal Data for purposes set out in section 4 above. The U.S. is not in the list of countries that the European Commission considers adequate to protect Personal Data. However, we provide appropriate safeguards for transfers of your Personal Data to jurisdictions that have not been deemed adequate by the European Commission, including contracts or wording approved by the European Commission (called the Standard Contractual Clauses).

Please be aware that the data protection and privacy laws in the jurisdictions to which we transfer Personal Data may not provide for the same level of protection of your Personal Data as exists in your home country. By accepting this Privacy Policy through your use of the Site, you hereby consent to such transfers, provided that they are limited to the purposes set out in section 4 above.

10. ACCESS TO AND CORRECTION OF PERSONAL DATA

Subject to the provisions of local law, you may be entitled to one or more of the following rights with respect to your Personal Data: a right of access to your Personal Data, a right to correct your Personal Data, a right to the deletion of your Personal Data, a right to port your Personal Data to a third party, a right to stop unauthorized transfer to a third party, a right to restrict the processing of your Personal Data, a right to object to the processing of your Personal Data, a right to withdraw consent (where applicable) to the processing of your Personal Data and/or a right to lodge a complaint with a supervisory authority (for EEA residents) or the Federal Privacy Commissioner (for Canadian residents). Should you wish to discuss your entitlement to and/or exercise any such rights, please email privacy@ankura.com.

11. NOTICE TO CALIFORNIAN RESIDENTS

California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how Ankura responds to “Do Not Track” browser settings. Ankura does not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.

12. THIRD PARTIES

Our Site may contain links to other third-party websites. We are not responsible for the privacy practices or the content or security of these third party sites.

13. SECURITY

We take commercially reasonable precautions to try to keep all information obtained from our online visitors secure against unauthorized access and use and we periodically review our security measures. We are committed to processing your data in a secure manner and have implemented appropriate technical and organizational measures designed to help prevent the Personal Data we hold from being accidentally or deliberately compromised. We store and process your information on our servers located in the United States and around the world. We maintain technical, physical and administrative security measures to try to protect the security of your Personal Data against loss, misuse, unauthorized access, disclosure or alteration. Authorized Ankura personnel and third parties will only have access to your Personal Data to the extent needed to do their job or provide their services. Despite these precautions Ankura cannot guarantee that unauthorized persons will not obtain access to your information. It is your responsibility to make sure that your Personal Data is accurate.

14. PRIVACY OF ELECTRONIC COMMUNICATIONS

Please note that any electronic communication made between you and us, including via the Site, may not be secure and, unless you are already a client, may not be treated as confidential. While we welcome your inquiries, please do not send us any electronic communication that contains any confidential or sensitive Personal Data.

15. OUR POLICY WITH RESPECT TO CHILDREN

Our services are not directed to children. We do not knowingly collect personal data from children. If a parent or guardian becomes aware that his or her child has provided us with Personal Data without their consent, please contact us.

16. ANKURA DOES NOT SELL OR EXPLOIT PERSONAL DATA COMMERCIALLY THROUGH THIRD PARTIES

We will not sell, rent, distribute or otherwise make Personal Data commercially available to any third party, except as described above, or except with your prior consent.

17. ACKNOWLEDGMENT

By continuing to use the Site and by providing any Personal Data, including any sensitive Personal Data, to us via any means (whether through the Site and/or the email addresses and/or any other contact mechanisms), you acknowledge that you have read and accept this Privacy Policy and you consent to our use of your Personal Data in accordance with this Privacy Policy and to the transfer of Personal Data to other locations in accordance with section 9 (provided that they are in accordance with the purposes set out above). Please do not send us any Personal Data if you do not want that information to be used by us in the manner set out in this Privacy Policy or you do not consent to the transfer of this information to locations outside your jurisdiction.

18. DATA PROTECTION OFFICER

The Data Protection Officer of Ankura is Gina Ciavarro. You can email her at privacy@ankura.com if you have any questions.

If you have any questions, complaints or need further information about this Privacy Policy or the processing of your Personal Data by Ankura, please email privacy@ankura.com.