Kroll Restructuring Administration Privacy Policy

This privacy notice applies to Kroll Restructuring Administration LLC (“we” or “Kroll Restructuring Administration”) and describes how we collect, use and share information about you collected via this web site (the “Site”). If you as a visitor choose to register or submit information to Kroll Restructuring Administration via the Site, you agree to the use of such data in accordance with this privacy notice.

If you are a California resident, please see the California Privacy Policy and Notice section.

Client Websites and Information Collection

We provide administrative-support services and solutions, including bankruptcy administration, for our clients in the legal and financial industries. As part of our services, we create, configure and host pages on the Site on behalf of our clients. Site visitors may access information and, in certain circumstances, submit claims, ballots, rights offering subscription forms or similar voting or participation documents, or inquiries relating to the matters for which we are providing administrative-support services and solutions for our clients on such client-dedicated pages.

We collect certain personal information, oftentimes from the client or a site visitor, before allowing a site visitor to access certain information provided on a client-dedicated page hosted on the Site. Among other things, we may collect the following data: (i) name; (ii) personal identification information (including mailing addresses and/or telephone numbers); (iii) password; (iv) email address; and (v) position within the client or agent organization. We also collect information about visitor usage of the Site, including, without limitation, the amount of time a visitor spends on the client-dedicated page, the reports the visitor accesses, and other activities in which the visitor engages while on the Site. This information may be collected through the use of log files and/or cookies, web beacons, local shared objects (or Flash cookies), and similar tools. Please see our Website Use and Cookies Policy.

Use of Personal Information

Personal information submitted via the Site is used only for limited purposes. For example, when you register to gain access to a client-dedicated page, the information you submit may be used to manage our relationship with you, such as to provide you with information we feel would be of interest to you; or to facilitate responding to further requests or inquiries from you. We may also send you emails and communications regarding our products and services.

If you are located in the EU or UK, we will only send you marketing communications and updates about our products, services and events with your prior consent or based on our and your legitimate interests where permitted. In either case, you can withdraw your consent or opt-out of receiving such communications at any time. by following the unsubscribe instructions included in these emails, or by contacting us at [email protected].

In addition, we may collect and analyze data on your use of our website and process it for the purpose of improving your online experience. Please see our Website Use and Cookies Policy for additional information.

Information that is contained in documents accessible via links on case websites is made available by order of the Bankruptcy Court and cannot be removed, modified, or otherwise altered, without further order of the Bankruptcy Court.

Storage of Personal Data

Kroll Restructuring Administration will retain personal data for a reasonable period, taking into account legitimate business needs to capture and retain such information. Information will also be retained for a period necessary to comply with state, local, federal regulations, or country specific regulations and requirements, and in accordance with Kroll Restructuring Administration’s document retention policy.

Your Rights

Depending on the laws of the jurisdiction governing the processing of your personal information, you may have certain rights under applicable data protection laws including to the extent applicable the EU’s General Data Protection Regulation (“GDPR”) or other applicable privacy laws relating to your personal information.

In carrying out the bankruptcy administration services, we collect information under the direction of our clients, and we generally have no direct relationship with the individuals whose personal information we process. We are operating as a data processor under GPDR and a service provider under CCPA, and are processing such data on behalf of our clients, the data controllers. Our clients, acting as the data controllers, determine the purposes and means by which we process such data. At the direction of, and in accordance with, the instructions of our clients, we may allow visitors to access their personal information in our possession and to correct, amend, or delete inaccurate information. If you wish to exercise any rights under these laws, including the GDPR or CCPA, or obtain additional information regarding the processing of data about you that we conduct on behalf of our clients, please refer to the privacy notice of the data controller or contact the data controller directly.

To the extent applicable under GDPR or other applicable privacy laws,, where Kroll Restructuring Administration is a data controller, you may have the following rights concerning your data processed by Kroll Restructuring Administration:

• Access: You have the right request access to personal information that Kroll Restructuring Administration holds about you.
• Rectification: You have the right to ask us to rectify information Kroll Restructuring Administration holds about you if it is inaccurate or not complete.
• Erasure: You can request that Kroll Restructuring Administration erase your personal data. Kroll Restructuring Administration may not be able to erase your personal data based on the requirements of the bankruptcy court and/or applicable laws, rules and orders.  If Kroll Restructuring Administration is able to grant this request, we will keep basic data to identify you and retain it solely for preventing further unwanted processing. 
• Restrict Processing: You have the right to ask Kroll Restructuring Administration to restrict how we process your data. This means we are permitted to store the data but not further process it. We keep just enough data to make sure we respect your request in the future.
• Object to processing: Where processing is based on legitimate interests, you have the right to object to Kroll Restructuring Administration processing your data. Kroll Restructuring Administration will discontinue processing your data, unless we can demonstrate compelling legitimate grounds for the processing, which shall include, among other compelling legitimate grounds, that the processing is in connection with a bankruptcy case in which Kroll Restructuring Administration has been ordered to process such information.  We will keep basic data to identify you and retain it solely for preventing further unwanted processing.
• Portability: Where processing is based on consent or performance of a contract, you have the right to data portability. Kroll Restructuring Administration must allow you to obtain and reuse your personal data for your own purposes in a safe and secure way without this effecting the usability of your data. This right only applies to personal data that you have provided to Kroll Restructuring Administration as the Data Controller.

Please contact [email protected] to request access, rectification, or erasure, or to restrict processing, to object to processing, to request data portability.  Subject to legal considerations or certain exemptions, we may not always be able to address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

The erasure or restriction of processing of your information may impact your legal rights. Kroll Restructuring Administration is not a law firm and does not provide legal advice.  If you are concerned your legal rights may be impacted, you should seek the advice of your own counsel.

Automated Decision Making

Automated decisions are defined as decisions about individuals that are based solely on the automated processing of data and that produce legal effects that significantly affect the individuals involved.

Kroll Restructuring Administration does not make automated decisions using personal data. If automated decisions are to be made, affected persons will be given an opportunity to express their views on the automated decision in question and object to it.

Providing Information to Kroll Restructuring Administration

If you choose not to provide certain personal information, it may be an impediment to the exchange of information necessary for the execution of the contract or provision of services, and we may not be able to provide you with some services and you may not be able to participate in some of the activities on our website(s). In addition, your legal rights may be impacted.  Kroll Restructuring Administration is not a law firm and does not provide legal advice.  If you are concerned your legal rights may be impacted, you should seek the advice of your own counsel.

Sharing of Personal Data/Disclosure of Information to Third Parties

We only share your personal data with your consent or in accordance with this policy. We will not otherwise share, sell or distribute any of the information you provide to us except as described in this Privacy Notice.

Our arrangements with our clients may require us to provide all visitors’ information in our possession, including personal information, directly to the client with which the visitor is associated.

Personal information may also be provided to third-party service providers, such as vendors, consultants and other service providers who are performing certain services for or on behalf of Kroll Restructuring Administration or its clients. These companies are authorized to use your personal information only as necessary, and in accordance with applicable law, to provide the applicable services to us. Kroll Restructuring Administration requires these third parties to undertake security measures consistent with the protections specified in this notice.

Personal information will also be disclosed to law enforcement, judicial bodies, regulatory or other government agencies, or third parties where necessary, in our judgment, to comply with legal or regulatory obligations.

Personal information may also be disclosed as part of a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets, and we may transfer personal information to a third party as one of the business assets in such a transaction. It may also be disclosed in the event of insolvency, bankruptcy or receivership. You will be notified via email and/or a prominent notice on the Site of any such event.  Kroll Restructuring Administration also may share personal information with certain of its affiliates.

Except as set forth above, we will not make any of your personal information available to third parties.

We may share with third parties aggregated, non-personally identifiable information concerning Site usage, as we deem appropriate as part of our ongoing business activities.

Cross – Border Transfers of Personal Data

Kroll Restructuring Administration is a global firm whose affiliates operate in over 30 countries. Personal information may be transferred, accessed and stored globally as necessary for the uses stated above in accordance with this notice, and in compliance with local regulations.

Personal Data may be transferred to or processed in locations outside of the Economic Area (EEA), UK or Switzerland, including the United States and other countries, some of which have not been determined by the European Commission to have an adequate level of data protection.

When transferring personal data subject to EU or UK data protection laws to locations outside of the EEA or UK not considered adequate, transfers are governed by the requirements of the Standard Contractual Clauses adopted by the European Commission, or another adequate transfer mechanism, as determined by the relevant client/controller. When processing personal data subject to EU and UK  data protection laws, we take measures designed to provide the level of data protection required in the EU.. In addition, our corporate entities have entered into intragroup transfer agreements based on the Standard Contractual Clauses which allows for the processing and transfer of personal data.

Information Security

We have put in place physical, technological and operational security procedures designed to protect personal information provided by visitors via the Site from unauthorized third-party access. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee absolute security. You can also take additional measures to protect yourself and your information, such as keeping your anti-virus software up-to-date and keeping log-in credentials and passwords secure. Please contact us immediately at [email protected] if you suspect or experience any security-related issues.

Links to Third Party Websites

The Site may contain hyperlinks to other websites. This privacy notice does not apply to those websites. The use of any such other website may be subject to a privacy statement, terms of use, disclaimer or similar legal condition which may significantly differ from those set forth in this privacy notice or elsewhere on the Site. We strongly encourage you to review the privacy notice of any website you visit via the Site before supplying personal information through that website and to familiarize yourself with the terms, conditions and policies implicated by the use of those sites. We are not responsible for the privacy practices or the content of any such other sites.

Changes to the Privacy Notice

We reserve the right to modify or amend this privacy notice at any time and for any reason. We encourage you to periodically review this page for the latest information on our privacy practices. You can determine when this privacy notice was last modified or amended by checking the Effective Date at the start of the privacy notice.

Questions

If you have any questions or concerns regarding your privacy while using the Site, please direct them to the Privacy Team at [email protected].

California Privacy Policy and Notice

This California Privacy Notice and Policy section supplements the Kroll Restructuring Administration Website Privacy Policy and applies to the personal information of California residents to comply with the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”).

Kroll Restructuring Administration may collect and use consumer personal information for its commercial and business purposes and related operational purposes. With respect to these activities, Kroll Restructuring Administration may have direct responsibilities as a business subject to the CCPA/CPRA. For example, for certain activities related to direct interaction with consumers who have a direct relationship with Kroll Restructuring Administration, interacting with prospective/current clients, marketing, website and web application use, and interacting with visitors/users of our Website. In these cases, this privacy policy is applicable.

Kroll Restructuring Administration also collects information in its capacity as a service provider to our clients, providing administrative-support services and solutions, including bankruptcy administration, for our clients in the legal and financial industries. In that case, Kroll Restructuring Administration receives personal information from or on behalf of our clients where we have no direct relationship with the individuals whose personal information we process, and information is provided to us solely for the business purpose of providing those services. If you are a customer or other user associated with one of our clients on whose behalf we have collected or processed your information, this privacy policy does not apply to you, and if you have questions or wish to exercise your rights relating to your personal information (such as information, access or deletion), please contact that client directly.

Categories of Personal Information We Collect

In the past 12 months, we have collected, used, and disclosed for business purposes, the following categories of personal information relating to California residents covered by this policy: 

Sources of Personal Information We Collect

• From our client, who has engaged Kroll Restructuring Administration to offer and/or provide the Services to you
• From you, when you submit information through the website
• Information we automatically collect when you interact with Kroll Restructuring Administration websites or the Portal, such as your IP address and the pages you visited or activities you performed

Business Purposes

We collect personal information for our operational purposes in providing the Services.  We use personal information for the business purposes set out in the “Use of Personal Information” section above.

Disclosure of Personal Information to Third Parties

We do not disclose personal information to third parties (not including service providers) unless you direct us to do so, or where required by law.

Selling/Sharing of Personal Information

We do not sell and have not in the preceding 12 months sold personal information. We do not share and have not in the preceding 12 months shared personal information with a third party for cross-context behavioral advertising.

Disclosure of Personal Data for our Business Purposes

Within the last 12 months, we have disclosed Personal Information identified in the “Categories of Personal Information We Collect” section above for business purposes to the following categories of parties:

• Our affiliates, as needed to operate our business and provide services.
• Our arrangements with our clients may require us to provide all visitors’ information in our possession, including personal information, directly to the client with which the visitor is associated.
• Service providers or contractors, such as vendors, consultants and other service providers who perform certain services on behalf of Kroll Restructuring Administration, in which case we enter a contract that describes the purpose of processing and requires the recipient to not use it for any purpose except performing the contract.
• Third parties to whom you or your agents request or authorize us to disclose your personal information in connection with the Services.

Data Retention

Kroll Restructuring Administration will retain personal information for a reasonable period, taking into account legitimate business needs to capture and retain such information. Information will also be retained for a period necessary to comply with state, local, and federal regulations, and in accordance with Kroll Restructuring Administration’s Document Retention Schedule.

Your Rights

Subject to the CCPA, CPRA, and other applicable laws, you have the following rights concerning your data processed by Kroll Restructuring Administration:

• Deletion: You have the right to request that Kroll Restructuring Administration erase your personal information, and Kroll Restructuring Administration will erase such information unless it is reasonably necessary for Kroll Restructuring Administration to maintain your personal data in accordance with CCPA 1798.105 (d) or 1798.145.
• Correction: You have the right to request that Kroll Restructuring Administration correct inaccurate personal information, taking into account the nature and purpose of processing the information.
• Access: You have the right to request to access the personal information that Kroll Restructuring Administration holds about you, including specific pieces of personal information Kroll Restructuring Administration has collected about you.
• Non-discrimination: Kroll Restructuring Administration will not discriminate against a consumer because the consumer exercised any of the consumer’s rights under applicable laws

Contact Us
Please contact us if you wish to exercise your rights under CCPA:
Email: [email protected]
In Writing: Kroll Compliance and Privacy Office, 167 N. Green St., Floor 12, Chicago, IL 60607