EU Privacy Notice

1. Privacy Notice

1.1 NERA Economic Consulting (which includes each of the entities listed here) (NERA Economic Consulting, we/us/our) is committed to safeguarding the privacy of our customers and users (you/your) who visit our website (the Website). This privacy statement (the Privacy Statement) sets out our personal information collection and sharing practices for our website and is intended to inform you of the ways in which our website collects personal information, the uses of that personal information and the ways in which we will share any personal information you choose to provide to us.

1.2 Further notices highlighting certain uses we wish to make of your personal information together with the ability to opt in or out of selected uses may also be provided when we collect personal information from you.

1.3 Our website may contain links to other third-party websites. If you follow a link to any of those third-party websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for their policies or processing of your personal information. Please check these policies before you submit any personal information to such third-party websites.

1.4 This Privacy Statement covers the following areas:

(a) What personal information about you we collect;

(b) How we use your personal information;

(d) Contacting us and your rights to prevent marketing and to access and update your personal information;

(e) Our Cookies Notice; and

(f) How changes to this Privacy Notice and the Cookies Notice will be made.

2. Information We Collect About You

2.1 We will collect and process all or some of the following personal information about you:

(a) Information you provide to us ► personal information that you provide to us, such as when using the contact form or any subscription forms on our website, including your name, email address, and other contact details. [If you choose to apply for a job at NERA Economic Consulting and submit a job application via our careers site, we will collect information that you submit via our careers site. Please refer to the privacy statement on our careers site for information on how we process this information];

(b) Our correspondence ► if you contact us, we will typically keep a record of that correspondence;

(c) Survey information ► if we ask you to complete surveys that we use for research purposes, we shall collect the information provided in the completed survey; and

(d) Website and communication usage ► details of your visits to the website and information collected through cookies and other tracking technologies including, but not limited to, your IP address and domain name, your browser version and operating system, traffic data, location data, web logs, and other communication data, and the resources that you access.

3. How We Use Your Personal Information

3.1 In this section, we set out the purposes for which we use personal information that we collect via our website and, in compliance with our obligations under European law, identify the “legal grounds” on which we rely to process the information.

3.2 European Data Protection Law allows companies to process personal information only when the processing is permitted by the specific “legal grounds” set out in law (the full description of each of these grounds can be found here).

3.3 Please note that, in addition to the disclosures we have identified below, in some circumstances we will also disclose personal information to service providers, contractors, agents, and affiliates of NERA Economic Consulting that perform activities described in this notice on our behalf.

(a) To communicate effectively with you and conduct our business ► to conduct our business, including to respond to your queries, to otherwise communicate with you, or to carry out our obligations arising from any agreements entered into between you and us, which in some circumstances may include passing your data to third parties such as agents or contractors or to our advisors (e.g., legal, financial, business, or other advisors).

Use justification: contract performance and legitimate interests (to enable us to perform our obligations and provide our services to you)

(b) To provide you with marketing materials ► to provide you with updates and offers, where you have chosen to receive these. We may also use your information for marketing our own and our selected business partners’ products and services to you by post, email, SMS, phone, and fax and, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing. We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communication sent to you or you may opt out by contacting us as set out in paragraph 5.1 below.

Use justification: consent and legitimate interest (to keep you updated with news in relation to our products and services)

(c) For research and development purposes ► to analyze your personal information in order to better understand your and our other clients’ services and marketing requirements and to better understand our business and develop our products and services.

Use justification: legitimate interests (to allow us to improve our services)

(d) To monitor certain activities ► to monitor queries and transactions to ensure service quality, compliance with procedures, and to combat fraud.

Use justifications: legal obligations, legal claims, and legitimate interests (to ensure that the quality and legality of our services)

(e) To inform you of changes ► to notify you about changes to our services and products.

Use justification: legitimate interests (to notify you about changes to our service)

(f) To ensure website content is relevant ► to ensure that content from our website is presented in the most effective manner for you and for your device, which may include passing your data to business partners, suppliers, and/or service providers.

Use justification: contract performance, legitimate interests (to allow us to provide you with the content and services on the websites)

(g) To reorganize or make changes to our business ► if we: (i) are subject to negotiations for the sale of our business or part thereof to a third party; (ii) are sold to a third party; or (iii) undergo a reorganization, we may need to transfer some or all of your personal information to the relevant third party (or its advisors) as part of any due diligence process for the purpose of analyzing any proposed sale or reorganization. We may also need to transfer your personal information to that re-organized entity or third party after the sale or reorganization for them to use for the same purposes as set out in this policy.

Use justification: legitimate interests (in order to allow us to change our business)

(h) In connection with legal or regulatory obligations ► We process your personal information to comply with our regulatory requirements or as part of dialogue with our regulators as applicable which may include disclosing your personal information to third parties, the court service, regulators, and/or law enforcement agencies in connection with enquiries, proceedings, or investigations by such parties anywhere in the world or where compelled to do so. Where permitted, we will direct any such request to you or notify you before responding unless to do so would prejudice the prevention or detection of a crime.

Use justification: legal obligations, legal claims, legitimate interests (to cooperate with law enforcement and regulatory authorities)

4. Transmission, Storage, and Security of Your Personal Information

Security Over the Internet

4.1 No data transmission over the Internet or website can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic, and procedural safeguards to protect your personal information in accordance with data protection legislative requirements.

4.2 All information you provide to us is stored on our or our subcontractors’ secure servers and accessed and used subject to our security policies and standards. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping this password confidential and for complying with any other security procedures that we notify you of. We ask you not to share a password with anyone.

Export Outside the EEA
4.3 Your personal information will be accessed by staff or suppliers in, transferred to, and/or stored at, a destination outside the country in which you are located, whose data protection laws may be of a lower standard than those in your country. We will, in all circumstances, safeguard personal information as set out in this Privacy Notice.

4.4 Where we transfer personal information from inside the European Economic Area (the EEA) to outside the EEA, we are required to take specific measures to safeguard the relevant personal information. Certain countries outside the EEA have been approved by the European Commission as providing essentially equivalent protections to EEA data protection laws and therefore no additional safeguards are required to export personal information to these jurisdictions. In countries which are not subject to this approval (see the full list here), we will establish legal grounds justifying such transfer, such as [MMC Binding Corporate Rules], model contractual clauses, or other legal grounds permitted by applicable legal requirements.

4.5 Please contact us as set out in paragraph 5.7 below if you would like to see a copy of the specific safeguards applied to the export of your personal information.

Storage Limits
4.6 We will retain your personal information for as long as is necessary for the processing purpose(s) for which it was collected and any other permitted linked purpose (for example where we are required to retain personal information for longer than the purpose for which we originally collected it in order to comply with certain regulatory requirements). Our retention periods are based on business needs and your information that is no longer needed is either irreversibly anonymized (and the anonymized information is retained) or securely destroyed in accordance with our internal retention policy.

5. Your Rights and Contacting Us

Marketing

5.1 You have the right to ask us not to process your personal information for marketing purposes. You can exercise the right at any time by clicking the “unsubscribe” option on any electronic marketing communication sent to you or by contacting us at unsubscribe@nera.com.

Updating Information
5.2 We will use reasonable endeavors to ensure that your personal information is accurate. In order to assist us with this, you should notify us of any changes to the personal information that you have provided to us by contacting us at contact.requests@nera.com.

Your Rights

5.3 If you have any questions in relation to our use of your personal information, you should first contact us as per paragraph 5.7 below. Under certain conditions, you have the right to require us to:

(a) provide you with further details on the use we make of your information;

(b) provide you with a copy of information that you have provided to us;

(d) delete any personal information the we no longer have a lawful ground to use;

(e) object to any processing that NERA Economic Consulting justifies on the “legitimate interests” ground unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights;

(f) object to direct marketing (including any profiling for such purposes); and

(g) restrict how we use your information whilst we consider your inquiry.

Where processing is based on consent, you have the right to withdraw your consent by contacting us at unsubscribe@nera.com.

5.4 Your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g., the prevention or detection of crime) and our interests (e.g., the maintenance of legal privilege). If you exercise any of these rights we will check your entitlement and respond in most cases within a month.

5.5 If you are not satisfied with our use of your personal information or our response to any exercise of these rights you have the right to complain to the data protection regulator in your country.

Contacting Us
5.6 Depending on where you are located, the “data controller” of your personal information processed by us under this Privacy Statement will be different. Please see here for a list of which group companies will be data controllers in which countries.

5.7 If you have any questions in relation to this Privacy Statement, please contact our Data Protection Officer at the address indicated at the link above, or email owglegalandcompliance@oliverwyman.com.

6. Cookies Notice

We use cookies on the websites. If available, you can opt out of our use of certain cookies using our Cookie Management Tool linked at the bottom of the site. To find out more about how we use cookies, please see our Cookies Notice here.

7. Changes to Our Privacy Statement and/or Cookies Notice

7.1 We may change the content of our websites and how we use cookies and consequently our Privacy Statement and our Cookie Notice may change from time to time in the future. If we change this Privacy Statement, we will update the date the Privacy Statement was last changed below. If these changes are material, we will take reasonable steps to notify you of the changes.

7.2 This Privacy Statement was last updated on 28 August 2020.

For data subject requests (DSR) we kindly ask you to visit our online privacy rights portal by clicking here.

Annex 1—Legal Grounds

These are the principal legal grounds that justify our use of your information:

Consent	Where you have consented to our use of your information (you will have been presented with a consent form in relation to any such use and may withdraw your consent by each departments means through which we are interacting with you or by email to owglegalandcompliance@oliverwyman.com).
Contract Performance	Where your information is necessary to enter into or perform our contract with you.
Legal Obligation	Where we need to use your information to comply with our legal obligations.
Legitimate Interests	Where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights.
Legal Claims	Where your information is necessary for us to defend, prosecute, or make a claim against you, us, or a third party.

Annex 2—NERA Economic Consulting Entities

NERA Australia Pty. Ltd.; Australia
NERA UK Limited; United Kingdom
NERA do Brasil Ltda.; Brazil
NERA SAS; France
NERA Economic Consulting GmbH (fka Mercer Delta Consulting GmbH); Germany
NERA S.r.l.; Italy
NERA Economic Consulting Limited; New Zealand
National Economic Research Associates, Inc., Sucursal en España; Spain
NERA, a division of Oliver Wyman AG; Switzerland
National Economic Research Associates, Inc. (CA); United States
National Economic Research Associates, Inc. (DE); United States
Oliver, Wyman Limited / Oliver, Wyman limitée; Canada
Mercer Consulting (China) Ltd; China
Oliver Wyman Group KK; Japan

Annex 3—NERA Economic Consulting EU Data Controllers

NERA UK Limited; Marble Arch House, 66, Seymour Street, London W1H 5BT, United Kingdom
NERA SAS; 1 rue Euler, 75008 Paris, France
NERA Economic Consulting GmbH (fka Mercer Delta Consulting GmbH); The Seven Office, Müllerstraße 3, 80469 München, Germany
NERA S.r.l.; Viale di Villa, Grazioli 23, 00198 Rome, Italy
National Economic Research Associates, Inc., Sucursal en España; Calle Goya 24, 6ª Planta, 28001 Madrid, Spain
NERA, a division of Oliver Wyman AG; Tessinerplatz 5, CH-8002 Zurich, Switzerland