Kyckr | Privacy Notice

Last updated: 20 January 2023

1. INTRODUCTION

As an organisation that offers software for the purposes of compliance with anti-money laundering requirements, Kyckr advocates for transparency, accountability and compliance with legal and regulatory requirements. Kyckr is equally passionate about ensuring that its business model and operations are compliant with all relevant laws and regulations including those that concern data protection. For example, Kyckr ensures to comply with the European Union’s General Data Protection Regulation 2016/679 (“EU GDPR”) and the UK’s version of the EU GDPR, known as the “UK GDPR”.

Kyckr is made up of several legal entities and together all of these entities form a group. This Privacy Notice applies to the entire group and ensures that Kyckr fulfils its information and transparency obligations under data protection law in the countries in which it operates.

In this Privacy Notice, we have provided you with detailed information on how we collect and process your personal data. This Privacy Notice applies for when you’re a user of our website, a customer, a prospective member of our staff, a service provider to us or a reseller that is selling Kyckr’s services on our behalf. This Privacy Notice also applies to any company directors and shareholders that are included in public registries as our software connects our customers to these public registries.

2. WHAT IS OUR CATEGORISATION UNDER DATA PROTECTION LAW?

We are categorised as a “data controller” under data protection law when operating our business and providing services to our clients. This is because we decide what personal data to collect in the first place (from global registries and third-party information providers) and the level of detail of the personal data that we wish to process. The personal data that features when Kyckr is delivering its services is a fundamental part of its offering and Kyckr exercises professional judgement and has complete autonomy in making decisions concerning the personal data and how our services are delivered.

For example, when Kyckr is delivering its services by generating reports for customers, Kyckr has the authority to recalibrate the personal data in a manner and format that it believes would be most useful and efficient for its customers. If you would like more information on our categorisation, please contact us on dataprivacy@kyckr.com.

3. WHAT PERSONAL DATA DO WE COLLECT ABOUT YOU AND HOW?

Personal data means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (also known as “anonymous data”).

3.1 Different kinds of personal data

In general, we collect, use, store and transfer different kinds of personal data and we’ve grouped them together below for you:

Type of data	What does this include?
Identity Data	This includes first name, maiden name, last name, user-ID, marital status, title, date of birth and gender.
Contact Data	This includes phone number, email address, business address and billing address.
Financial Data	This includes bank account and payment card details.
Transaction Data	This includes details about payments from you where you have or are utilising our services.
Technical Data	This includes internet protocol address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
Profile Data	This includes agreements signed with you (such as our Terms & Conditions for Services and any tickets which you have raised via our website).
Usage Data	This includes information about how you use our website (including your IP address and the time of visit) and services.
Marketing and Communications Data	This includes your preferences in receiving marketing from us and your communication preferences (including in respect of cookies).

We also collect, use and share “Aggregated Data” such as statistical or demographic data for other purposes including research and analysis. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

We occasionally collect some special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, information about your health etc. where you are a prospective or existing member of staff). We only obtain and process special categories of personal data when we have a lawful basis in which to do so (e.g.,., you have given us your consent and chosen to provide us with this data).

We do not collect any personal data concerning criminal convictions except in the employment context and where we are permitted by law to do so when completing background checks on prospective staff.

3.2 Our relationship with you

The personal data that we collect from you depends on our relationship with you. Below we’ve made a chart which explains the personal data that we collect, how we collect this data and what our legal basis is for collecting it (as we will only collect and process your personal data when the law allows us to do so).

Who are you?	What data do we collect about you?	How do we collect this personal data about you?	What’s our legal basis for collecting this personal data?
I am using the Kyckr websites and am keen to find out more about what Kyckr can offer (i.e., I am browsing the website, submitting a query through the contact form and/or subscribing to its newsletter).	Technical Data and Usage Data (for tracking purposes). Identity Data, Contact Data and Marketing and Communications Data (if you subscribe to our newsletter)	Automated technologies: As you interact with our website, we automatically collect personal data about you by using cookies and similar technologies. Please see our Cookies Notice. Direct interactions: If you decide to contact us through our website or through other means, you will be directly providing us with your personal data.	1. Consent, in that you are choosing to provide us with your details so that we know to contact you about your query, send you a newsletter, process special category data or share your data with a third party. 2. Necessary for our legitimate interests (i.e., for running our business, provision of services, to develop our business and to inform our marketing strategy). 3. Necessary to comply with a legal obligation (i.e., in respect to our financial, tax and legal affairs or in instances where you no longer wish to be contacted with direct marketing material).
I am a customer of Kyckr (i.e., I have entered into or am in the process of entering into Kyckr’s Terms & Conditions for Services).	Technical Data and Usage Data (for tracking purposes). Identity Data, Contact Data, Financial Data, Transaction Data, Profile Data and Marketing and Communications Data (for when you enter into a formal relationship with us for our services).	Automated technologies: As you interact with our website (and/or services), we automatically collect personal data about you by using cookies and similar technologies. Please see our Cookies Notice. Direct interactions: If you decide to contact us through our website or through other means, you will be directly providing us with your personal data. We may receive personal data about you from third-parties (as detailed below).	1. Performance of a contract with you (i.e., processing an order submitted by you). 2. Necessary for our legitimate interests (i.e., to recover debts due to us, to keep records to develop our business strategy). 3. Necessary to comply with a legal obligation (i.e., in respect to our financial, tax and legal affairs).
I am a candidate applying for a job with Kyckr (and/or am subsequently in the process of signing an employment contract with Kyckr).	Technical Data and Usage Data (if you apply through our website). Identity Data and Contact Data (information submitted as part of your application).	Automated technologies: As you interact with our website, we automatically collect personal data about you by using cookies and similar technologies. Please see our Cookies Notice. Direct interactions: If you decide to apply for a job at Kyckr, you will be directly providing us with your personal data. Third-parties: We may receive personal data about you from various third-parties (such as recruitment agencies or your references).	1. Consent, in that you are choosing to provide us with your details so that we know to contact you about a vacancy. 2. Performance of a contract with you.
I am a service provider to Kyckr.	Technical Data and Usage Data (for tracking purposes) Identity Data and Contact Data (if you register your interest to work with us). Financial Data, Transaction Data and Profile Data (for when we are engaging with you for your services).	Automated technologies: As you interact with our website, we automatically collect personal data about you by using cookies and similar technologies. Please see our Cookies Notice. Direct interactions: If you agree to provide us with a service, we will hold the personal data of your staff that have engaged with us.	1. Performance of a contract with you. 2. Necessary for our legitimate interests (i.e., for running our business). 3. Necessary to comply with a legal obligation (i.e., in respect to our financial, tax and legal affairs).
I am a company director and/or shareholder in a public registry. Kyckr’s software transfers data from this public registry to its customers.	Identity and Contact Data (as this is the information that is found in the public registries that we provide our customers access to).	Public domain: We transfer personal data about you from public registries. Public registries are official repositories of businesses that have been incorporated within a country and are accessible to anyone. We do not store any of your personal data in our software and only provide a conduit through which our customers can easily access it.	1. Necessary for our legitimate interests (as Kyckr needs to be able to transfer this personal data in order to perform its services). 2. However, please see section 3 and 4 below for further information. It is for our customers to have a specific lawful basis in which to instruct us to transfer personal data on you to them.

Please contact us on dataprivacy@kyckr.com if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table above.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

3.3 If you fail to provide personal data

Where we need to collect personal data by law or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may cease providing services to you and will notify you in advance.

3.4 Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If this does occur and you wish to get an explanation as to how the processing for a new purpose is compatible with the original purpose, please contact us on dataprivacy@kyckr.com. If we need to use your personal data, however, for an entirely unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

4. PERSONAL DATA FROM PUBLIC REGISTRIES

Kyckr’s software has the ability to transfer data including personal data, namely the details of directors and shareholders from the public domain to its customers either via Kyckr’s web-portal or API.

Kyckr has created its business based on the principle of privacy by design and data minimisation and as such, it does not store any data that it transfers from public registries to its customers. Kyckr, unlike its competitors, only provides a conduit through which to transfer data and therefore, it does not store or duplicate in any form any data from public registries.

In general, Kyckr is permitted to transfer this data because it is necessary for its legitimate interests and its legitimate interests do not override the interests or fundamental rights and freedoms of the directors and shareholders included within public registries. This is because Kyckr’s software is helpful in combating money laundering and therefore ensuring that we have a stronger and safer society. As the personal data that Kyckr transfers is publicly available (and directors and shareholders should be aware of its existence and publication in public registries), we do not believe that their rights override our compelling legitimate interests of preventing and detecting crime.

5. DO WE DISCLOSE YOUR PERSONAL DATA TO OTHERS AND IF SO, WHO?

We may share your personal data with the parties set out below for the purposes set out in the table above.

• Internal third-parties such as those within our group that are based within and outside of the UK and the EEA such as in Australia.

• External third-parties that act as data processors such as:

o Website, marketing and sales software – for us to successfully communicate with you and tailor our services to your needs. For example, we use Salesforce as third-party service provider.

o Technology companies that provide us with desktop and cloud-based products, solutions and services – for us to conduct our business (such as providing you with additional functionalities via our web-portal or API) and for us to back-up data (which may include your personal data). For example, we use Microsoft as a third-party service provider.

o Payment service providers – for us to process any payments made by our customers to us. For example, we use Worldpay Merchant Services as a third-party service provider.

• Other external third-parties which are not deemed to be data processors in their relationships with us such as:

o Professional advisers such as law firms, banks, and accountancy firms – which we need to engage with for the purposes of our business and may need to provide data (and this may include sharing your personal data).

o Regulators and other governmental authorities – which we need to engage with for the purposes of our business and may need to provide data (and this may include sharing your personal data).

o Third-parties to whom we may be in contact with to sell, transfer or merge parts of our business or our assets, or to attempt to acquire or merge with other companies. In this situation, it may result in the disclosure of your personal data and we will ensure that it is kept confidential. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice (and if there is any change, then they will notify you in advance and update this Privacy Notice where applicable).

We require all third-parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions, except for when such third-parties are regulators and other governmental organisations.

Your personal data will not be sold to any third-parties without your express prior consent.

6. IS YOUR DATA EVER TRANSFERRED OUTSIDE OF THE UK AND/OR EEA?

We share your personal data within Kyckr and with some of our third-party service providers. This might involve transferring your data outside the UK and/or the EEA. Whenever we transfer your personal data out of the UK and/or the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer personal data to countries where it has in place an adequate level of protection for personal data that is approved by the European Commission or the Information Commissioner’s Office.

• Where we engage with certain third-parties, we may use specific contracts approved by the European Commission (such as the Standard Contractual Clauses) or the Information Commissioner’s Office (such as the International Data Transfer Agreement) which ensure that your personal data is given the same protection it has in the UK and/or EEA.

Please contact us on dataprivacy@kyckr.com if you want further information on the specific mechanism used by us when transferring your personal data out of the UK and/or EEA.

7. HOW LONG DO WE RETAIN YOUR DATA?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances you can ask us to delete your personal data: see section 8 below for further information. In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

8. WHAT ARE YOUR LEGAL RIGHTS?

Under certain circumstances, you have rights under data protection laws in relation to your personal data which we have summarised for you below.

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Legal right	What’s it all about?
Request access to your personal data (commonly known as a “data subject access request”)	This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you	This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data	This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data	This applies when we are relying on a legitimate interest (or those of a third-party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request the restriction of processing of your personal data.	This enables you to ask us to suspend the processing of your personal data in the following scenarios: If you want us to establish the personal data’s accuracy. Where our use of the personal data is unlawful, but you do not want us to erase it. Where you need us to hold the personal data even if we no longer require it as you need it to establish, exercise or defend legal claims. You have objected to our use of your personal data, but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third-party	We will provide to you, or a third-party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data	This will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us on dataprivacy@kyckr.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity. This is a security measure also in your own interest to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within 1 month. Occasionally it could take us longer than 1 month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

9. DATA SECURITY

We have within our group put in place appropriate technical and organisational security measures to prevent your personal data from being accidentally lost, falsified, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, contractors and other third-parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable data protection regulator of a breach where we are legally required to do so (i.e., in situations where there is a data protection breach and it is of a high risk, we will personally inform you without delay).

While we operate to the highest standards, we are also aware that the transmission of information via the internet is not completely secure. We cannot guarantee the security of your data transmitted to our website and any transmission is at your own risk. Where we have given you (or where you have chosen) a user-ID and password which enables you to access any of our services, you are responsible for keeping this password confidential and for following our Terms & Conditions for Services as well as our User Agreement. If we provide you with a key in order for you to access our API, you are responsible for keeping this key confidential and for following our Terms & Conditions for Services.

10. COOKIES

A cookie is a small file of letters and numbers that are stored on your browser, the hard drive of your computer or mobile device, if you agree. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookies Notice.

11. THIRD-PARTY LINKS

Our websites may include links to third-party websites and applications (such as LinkedIn). Clicking on those links or enabling those connections may allow third-parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our websites, we encourage you to read the privacy documentation of every website you visit.

12. MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your Identity Data, Contact Data, Technical Data, Usage Data and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing. We will get your express opt-in consent before we share your personal data with any third-party for marketing purposes. You can ask us or third-parties to stop sending you marketing messages at any time by contacting us at any time on dataprivacy@kyckr.com and withdrawing your consent. Where you opt out of receiving these marketing messages, this will not apply to messages that we need to send you a result of performing a contract that we have with you (e.g., as we may be required to contact you about a payment due).

13. CONTACT US

As Kyckr takes managing your personal data extremely seriously, we have members of staff who are collectively responsible for overseeing the management and security of your personal data as well as answering any questions that you have about this Privacy Notice. If you would like to get in touch with this team, please kindly contact dataprivacy@kyckr.com.

We also need to let you know that if you have any concerns and/or you’re not happy with our approach, you have the right to make a complaint at any time to your local data protection regulator. Please note the following data protection regulators:

• Ireland: Irish Data Protection Commission – click here to access its website.

• United Kingdom: Information Commissioner’s Office – click here to access its website.

• Australia: Australian Information Commissioner – click here to access its website.

Data protection laws are constantly evolving, and we endeavour to maintain best practice. However, we recognise that we may not always get it right and if you are not satisfied in the way we handle your personal data or you wish to discuss our processes then we would like to hear from you and recommend that you contact us on dataprivacy@kyckr.com in the first instance. We would like the chance to discuss with you your feedback before you approach a data protection regulator.

This Privacy Notice is kept under regular review and was last updated on 20 January 2023.

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