Policy last updated July 2022.
This Policy describes how Cervello implements the Privacy Shield Principles for Consumer Personal Data.
For the purposes of this policy:
“Cervello” means Cervello, an A.T. Kearney company, Inc. including Cervello Limited (Acre House, 11-15 William Road, London, NW3 3ER), and all other subsidiaries and affiliates.
“Client” means any entity that obtains strategic and management consulting or other services from Cervello.
“Consumer” means any natural person who is located in the EU or Switzerland, but excludes any individual acting in his or her capacity as a Worker.
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“EU” means the European Union and Iceland, Liechtenstein and Norway.
“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by Cervello in the U.S. from the EU or Switzerland, and (iii) recorded in any form.
“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield.
“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.
“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership (including trade union-related views or activities), sex life (including personal sexuality), information on social security measures, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings (including administrative proceedings and criminal sanctions).
“Worker” means any current, former, or prospective employee of the Cervello, who is located in the EU or Switzerland. For purposes of this Policy, “Worker” includes any managing director, temporary worker, intern, other non-permanent employee, contractor, or consultant of Cervello, who is located in the EU or Switzerland.
Types of Personal Data Cervello Collects
As a Processor, Cervello receives Personal Data about its Clients’ Consumers located in the EU and Switzerland. For example, in connection with providing data consulting or other services to its Clients, Cervello may access or obtain Personal Data about a Client’s Consumers located in the EU and Switzerland. In addition, Cervello may access or obtain Personal Data about a Client’s Consumers located in the EU and Switzerland in connection with providing support services to other companies in the Cervello Group, including during the course of providing (i) data storage, website and application hosting and maintenance, email, telephony and network connectivity, and other information technology infrastructure and services; (ii) data back-up and restoration, disaster recovery and business continuity planning and (iii) other technical, organizational, and administrative functions and resources.
Cervello also collects Personal Data directly from Consumers. This collection occurs, for example, when a Consumer visits Cervello’s websites or mobile applications, and provides Personal Data through the websites or mobile applications. In addition, Cervello obtains Personal Data, such as contact information, in connection with maintaining the firm’s Client relationships and providing services to Clients. Cervello also obtains Personal Data, such as contact information, of its vendors’ representatives. Cervello uses this information to manage its relationships with its vendors.
Cervello’s privacy practices regarding the processing of Consumer Personal Data comply, as appropriate, with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.
When Cervello acts as a Processor and Consumer Personal Data is transferred to Cervello in the U.S. on behalf of a Client, the Client is responsible for providing appropriate notice to its Consumers and obtaining the requisite consent.
Relevant information also may be found in privacy notices pertaining to specific data processing activities.
When Cervello maintains Personal Data about Consumers with whom Cervello does not have a direct relationship because Cervello obtained or maintains the Consumers’ data as a Processor, Cervello’s Clients are responsible for providing the relevant Consumers with certain choices with respect to the Clients’ use or disclosure of the Consumers’ Personal Data.
Cervello shares Consumer Personal Data with its affiliates and subsidiaries. Cervello may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. Cervello also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganization, dissolution or liquidation).
Accountability for Onward Transfer of Personal Data
To the extent Cervello acts as a Controller, except as permitted or required by applicable law, Cervello provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. Cervello requires third-party Controllers to whom it discloses Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify Cervello and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.
With respect to transfers of Consumer Personal Data to third-party Processors, Cervello (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with Cervello’s obligations under the Privacy Shield Principles, (v) requires the Processor to notify Cervello if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. Cervello remains liable under the Privacy Shield Principles if the company’s third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless Cervello proves that it is not responsible for the event giving rise to the damage.
Cervello takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
Data Integrity and Purpose Limitation
Cervello limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing. Cervello does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes and consistent with its role as a Controller or Processor, Cervello takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, Cervello relies on its Consumers and Clients (with respect to Personal Data of Consumers with whom Cervello does not have a direct relationship) to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers (and Clients, as appropriate) may contact Cervello as indicated below to request that Cervello update or correct relevant Personal Data.
Subject to applicable law, Cervello retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorized by the Consumer.
Consumers generally have the right to access their Personal Data. Accordingly, to the extent Cervello acts as a Controller, where appropriate, Cervello provides Consumers with reasonable access to the Personal Data Cervello maintains about them. Cervello also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate.
Cervello may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer’s privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Personal Data by contacting Cervello as indicated below.
When Cervello maintains Personal Data about Consumers with whom Cervello does not have a direct relationship because Cervello maintains the Consumers’ data as a Processor for its Clients, Cervello’s Clients are responsible for providing Consumers with access to the Personal Data and the right to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. In such circumstances, Consumers should direct their questions to the appropriate Cervello Client. When a Consumer is unable to contact the appropriate Client, or does not obtain a response from the Client, Cervello will provide reasonable assistance in forwarding the Consumer’s request to the Client.
Recourse, Enforcement and Liability
Cervello has mechanisms in place designed to help assure compliance with the Privacy Shield Principles. Cervello conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions Cervello makes about its Privacy Shield privacy practices are true and that Cervello’s privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.
Consumers may file a complaint concerning Cervello’s processing of their Personal Data. Cervello will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Consumers may contact Cervello as specified below about complaints regarding the company’s Consumer Personal Data practices.
If a Consumer’s complaint cannot be resolved through Cervello’s internal processes, Cervello will cooperate with JAMS pursuant to the JAMS Privacy Shield Program, which is described on the JAMS website. JAMS mediation may be commenced as provided for in the JAMS rules. Following the dispute resolution process, the mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over Cervello. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about Cervello’s compliance with the Privacy Shield Principles.
Cervello has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU and Switzerland in the context of the employment relationship.
When Cervello maintains Personal Data about Consumers with whom Cervello does not have a direct relationship because Cervello maintains the Consumers’ data as a Processor for its Clients, Consumers may submit complaints concerning the processing of their Personal Data to the relevant Client, in accordance with the Client’s dispute resolution process. Cervello will participate in this process at the request of the Client or the Consumer.
Privacy Shield Website
o learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.
How to Contact Cervello
To contact Cervello with questions or concerns about this Policy or Cervello’s Personal Data practices:
Attention: Data Privacy Team
155 Seaport Blvd,
MA 02210 or
If you are a resident of the EEA or Switzerland, please see below for contact information for the Cevello entity in your country.
EEA/Swiss Cervello Entities Contact Information
Attention: Data Privacy Team
11/15 William Road