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Privacy Policy

LATIN AMERICA EXECUTIVE SEARCH CONSULTANTS WE CARE ABOUT YOUR PRIVACY

LATIN AMERICA EXECUTIVE SEARCH CONSULTANTS (LAESC) including its affiliates (INTERNATIONAL EXECUTIVE SEARCH CONSULTORAS SAS – Colombia and LATIN AMERICA EXECUTIVE SEARCH CONSULTANTS – Mexico)  is committed to respect your privacy and to comply with applicable data protection and privacy laws. This privacy policy (“Policy”) describes how we  ("We", "Us", “LAESC”)  collect and use personal data where LAESC is the data controller or where we refer to the applicability of this Policy. “Personal data” means information relating to you or another identifiable individual, under applicable data privacy laws, rules, or regulations (collectively the “Data Protection Laws”). This Policy does not cover the practices of companies We don’t own or control or people We don’t manage.

For clarity, this policy applies when LAESC acts as a “Controller” (as defined in the General Data Protection Regulation (the “GDPR”) or “Business” as defined under the California Consumer Privacy Act of 2018 (the “CCPA”)). Note that we may also process Personal Data of our customers’ job applicants in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor or service provider for your Personal Data (i.e., not the controller or business), please contact the controller/business party in the first instance to address your rights with respect to such data. Please read the following carefully to understand our views and practices regarding your Personal Data and how We will treat it.

If you have a disability, you may access this Privacy Policy in an alternative format by contacting contact@laexecutivesearch.com.

For the purpose of the GDPR and the CCPA:

  • in respect of the Personal Data of users of the Website and the Services and business contacts and prospects of LAESC, the Data Controller is LAESC;
  • We use Loxo Holdings, LLC. as the ATS (Application Tracking System) as our “Data Processor” which have full access to the candidates’ data. Loxo Holdings, LLC. complies with GDPR and CCPA. Loxo Holdings, LLC. will store almost all candidate data, send emails and delete or modify information.

What information do we collect?

LAESC is an executive search firm which collects, uses and stores a variety of personal data necessary to provide such services.

For Executive Search and related Services Data

If you are a potential candidate for one of our executive search assignments, categories of personal data we collect may include the following identifiers:

  • Contact information (e-mail address, address, telephone number).
  • Career history.
  • Education history.
  • Social activities.
  • Compensation details (where permitted by applicable legislation).
  • Professional experience.
  • Information relating to references.
  • Individual capabilities.
  • Personality, character traits, professional style profile, executive competencies.
  • Interview notes as well as interview recordings and transcripts of such recordings (if applicable).
  • Offer letters.
  • Identification data (civil/marital status, gender, nationality).
  • Contact history.

This data may be obtained directly from you, through publicly available sources, your professional networking profile, news reports, and/or third parties such as our clients, sources/referees, and our authorized background check providers.

Referee or Source Data

If you are an individual who provides a personal reference or feedback for a candidate (depending on the circumstances we may classify you as a Referee or Source), we may collect and process:

  • Contact details.
  • Certain professional and employment details (such as title, occupation, qualifications and employment history)
  • Connection to the candidate.

We may collect this information directly from you, the candidate, or from publicly available sources. We will use this information to gather information on the relevant potential candidate such as your connection to, experience with, and opinion about such potential candidates. Any reference or feedback you provide about a candidate would not be attributed to you if shared with third parties. We may also use your contact details to contact you in relation to any of our services that we believe may be of interest to you.

Client or Supplier Data

If you are a LAESC client or supplier, we will collect and use information about your company and individuals within your company for the purposes of fulfilling our obligations to you and furthering our business relationship. Data collected will typically comprise your:

  • Contact details (such as name, telephone number, email address, job title, and business record related to our services).

Why do we process Personal Data?

We will not process your personal information in a way that is incompatible with what is outlined in this Privacy Policy, and we will use our best efforts to ensure that data is accurate, complete, current and reliable for its intended use. We will not sell your personal information. We collect and process your data for the execution of our services:

As a candidate:

  • Assessing your suitability for executive and non-executive roles.
  • Presenting you as a prospective candidate to potential employers (LAESC clients).
  • To be able to support and advise you during your career;
  • Contacting you for an assignment (executive search or assessment) or verifying the details of your profile.
  • keeping you informed of relevant vacancies;
  • informing you about our services, training, events and newsletters.

Your personal information may also be shared with third parties whom we have engaged to provide services such as education checks and/or background checks, to the extent that the checks performed are appropriate and in accordance with local legislation. This includes our third-party service providers who perform functions on our behalf, such as outsourced document storage providers, analytics and interview transcription services, all of whom will be required to process your personal information in accordance with applicable data protection laws and this Privacy Policy. Your personal information may also be shared with Referees or Sources in order to obtain additional information about you so we can provide a more accurate profile to our clients.

Finally, your information may also be shared with any competent law enforcement, regulatory or governmental body, or a court of law if necessary to exercise our legal rights, protect your interests or as required by applicable law.

As a Referee or Source:

  • We will use the collected data to obtain information regarding your experience with, and thoughts and opinions on, a particular or potential candidate.
  • If a candidate provides us with your details as a Referee, we may share your contact information with our clients to allow them to evaluate a candidate for a specific position.
  • Any reference, opinion or feedback you provide to LAESC as a Referee or Source shall in no case be attributed to you if shared with a client.
  • We may also use your contact details to contact you in relation to any of our services that we believe may be of interest to you.

As a Client or Supplier Data

  • The data collected will be used in the context of the provision of our or your services.
  • We may also use the data for other business purposes, including data analytics, benchmarking and statistic purposes.
  • We may use the personal data collected to contact you in relation to any of our services that we believe may be of interest to you.

Other purposes:

  • We may contact you from time to time to share intellectual capital and thought leadership that we have published.
  • We may contact you with an invitation to attend an industry- or role-specific event, such as a dinner or charity event.
  • We may retain and use personal information for research, benchmarking, and market norms in order to provide and develop our services and intellectual capital.

You may opt out of receiving these contacts at any time.

IP Addresses and cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration, customer support and to collect aggregate information for internal reporting purposes.

In addition, our Website uses cookies. A cookie is a small file of letters and numbers that we put on your computer if you select to agree at the banner that is displayed to you during the first time you visit our website. You may accept or decline being tracked by indicating your preference to this banner. These cookies allow us to distinguish you from other users of the Website, which helps us to provide you with a good experience when you browse our Website and also allows us to improve the Website.

The cookies we use are "analytical" cookies. Some of the common uses for our cookies are as follows:

  • to recognize and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our Website works, for example by ensuring that users are finding what they are looking for easily.
  • to identify and authenticate a user across different pages of our Website, within our own Website, in a session or across different sessions. This is so that the user does not need to provide a password on every page the user visits; and
  • to be able to retrieve a user’s previously stored data, for example, information that the user previously submitted to the Website, so as to facilitate reuse of this information by the user.
  • You can also decide whether or not to accept cookies through your internet browser’s settings. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new cookie in a variety of ways. You can also delete all cookies that are already on your computer. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some of the Services and functionalities may not work.

To explore what cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about cookies, including information about how to manage and delete cookies, please visit https://ico.org.uk/for-the-public/online/cookies/ or http://www.allaboutcookies.org/

What is our legal basis for processing your Personal Data?

Our legal basis for collecting and processing your personal data described in this policy  will depend on the personal information and processing activity involved and the context in which it was obtained.

Executive Search and services related:

We will process basic personal information about you, such as your contact details (name, address, email, phone number) and information that would normally be included in a curriculum vitae (education history, employment history, professional experience, offer letters, compensation history where permitted by local law, etc.), and competencies, as well as any additional information that may assist us in presenting the best individuals for the most appropriate roles (such as professional or relocation interests) on the basis of legitimate interest, or other legal grounds (such as consent) where required by applicable local legislation, provided the processing of such information is not overridden by your own privacy interests or your rights and freedoms as provided by law.

Once we proceed to the later stages of the search process, we will ask you to sign a consent form allowing us to process (and share with our clients, data processor and background check providers if relevant and necessary to the search process) any information required for background checks and/or employment diversity requirements, including any potentially sensitive information that may come to light during interviews, as well as any insights that we may provide to our clients based on the foregoing.

If we are unable to obtain your consent at the relevant stage of the process, any information we process for employment diversity requirements shall be done on the basis of reasons of substantial public interest, or applicable laws and/or the requirements imposed by local authorities. However, we shall obtain your consent prior to sharing such information with our clients.

In order to facilitate the interview processes we may request to record the interview session which will then be transcribed by a third party to ensure the information obtained is entirely accurate for our review. In the event of a planned recorded interview session, we will obtain your consent prior to recording.

Referee:

We will process basic personal information about you, such as your contact details (name, address, email, phone number) and information that would normally be included in a reference check interview (employment history, professional experience, your opinion about the candidate, etc.), as well as any additional information that may assist us in getting a reference insight about the candidate on the basis of legitimate interest, or other legal grounds (such as consent) where required by applicable local legislation, provided the processing of such information is not overridden by your own privacy interests or your rights and freedoms as provided by law.

If you require any further information concerning the legal basis on which we process your personal information, you may contact us at contact@laexecutivesearch.com.

How long do we retain Personal Data?

LAESC will retain your personal data only for as long as the data is needed in connection with the purposes for which is it being collected and used. The following criteria will be used to guide us when retaining your information:

  • We will retain personal data for as long as we maintain an active relationship with you;
  • Once our relationship with you has ended, your personal data may still be relevant for our current or future legitimate business purposes, for example we may be required to retain certain personal information for our business records if you have been placed into a role by us, or for us to be able to establish, exercise or defend our legal rights;
  • Certain data may be required to be stored in order to show we are compliant and have fulfilled our obligations towards our clients or to continue meeting any of our obligations once we have completed a client assignment in which you may have been involved.

We endeavor to only collect personal data that are necessary for the purposes for which they are collected, and to retain such data for no longer than is necessary for such purposes. The length of time personal data is retained, and criteria for determining that time, are dependent on the nature of the personal data and the purpose for which it was provided.

You may contact us at contact@laexecutivesearch.com to obtain additional information about retention of your personal data.

Where we store your Personal Data?

The data that We collect from you and process as a result of your use of the Services may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for Us or for one of our suppliers. By submitting your Personal Data, you agree to this transfer, storing or processing.

In particular, your data may be accessible to i) LAESC’s staff in the USA ii) with the LAESC´s client that hired Us for the assignment, or iii) may be stored by LAESC’s hosting service provider on servers in the USA as well as in the EU. The USA does not have the same data protection laws as the United Kingdom and EEA. A Data Processing Agreement has been signed between LAESC and their overseas group companies, and between LAESC and Loxo Holdings, LLC. (our Data Processor) . These Data Processor Agreements that are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your Personal Data.

If you would like further information please contact Us (see ‘Contact’ below). We will not otherwise transfer your Personal Data outside of the United Kingdom OR EEA or to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.

Do we share Personal Data?

We do not sell, lease, rent or otherwise disclose your personal data to third parties unless otherwise stated below.

Third Party Websites

The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and terms of use and that we do not accept any responsibility or liability for these policies and terms of use. Please check these policies before you submit any Personal Data to these websites.

Mandatory disclosures

We may be obligated by mandatory law to disclose your personal data to certain authorities or other third parties, for example, to law enforcement agencies in the countries where we or third parties acting on our behalf operate. We may also disclose and otherwise process your personal data in accordance with applicable law to defend LAESC’s legitimate interests, for example, in legal proceedings or in connection with governmental requests and filings.

Mergers and Acquisitions

If we decide to sell, buy, merge or otherwise reorganize our businesses in certain countries, this may involve us disclosing personal data to prospective or actual purchasers and their advisers, or receiving personal data from sellers and their advisers.

How do we address the privacy of children?

We do not knowingly collect or solicit Personal Data from children under 16; if you are a child under 16, please do not attempt to use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at contact@laexecutivesearch.com.

How do we address Data Quality?

We take reasonable steps to keep the personal data we possess accurate and to delete incorrect or unnecessary personal data.

What steps are taken to safeguard Personal Data?

Privacy and security are key considerations in the creation and delivery of our products and services. We have assigned specific responsibilities to address privacy and security related matters. We enforce our internal policies and guidelines through an appropriate selection of activities. We take appropriate steps to address online security, physical security, risk of data loss and other such risks taking into consideration the risk represented by the processing and the nature of the data being protected. Also, we limit access to our data bases containing personal data to authorized persons having a justified need to access such information.

What are your rights?

You have a right to know what personal data we hold about you, and to access it. You have a right to have incomplete, incorrect, unnecessary or outdated personal data updated.

You have the right to request that your personal data be erased, and to obtain a copy of your data in a machine-readable format. Please submit your request using this link https://loxo.co/latin-america-executive-search/gdpr-form or contact us at contact@laexecutivesearch.com

You have the right to object to or restrict processing in certain circumstances, such as where you believe the data is inaccurate or the processing activity is unlawful.

You have a right to unsubscribe from direct marketing messages and to request that we stop processing your personal data for direct marketing purposes or on other compelling legal grounds.

However, if you opt-out from marketing and other communications from LAESC, critical alerts may still be sent to you.

If you are located in a European Union member state or within the European Economic Area, you have the right to lodge a complaint about our data collection and processing activities with the supervisory authority concerned.

You may exercise your rights by contacting us or by managing your account and choices through available profile management tools on your device and our services.

In some cases, especially if you wish us to delete or stop processing your personal data, this may also mean that we may not be able to continue to provide the services to you.

Applicable data protection law may provide certain restrictions on the extent to which these rights may be exercised. If a restriction applies, we will respond to your request with an explanation of what action will be taken, to the extent required under applicable data protection law.

Who is the controller of your Personal Data?

Latin America Executive Search Consultants (LAESC),  701 Brickell Avenue, Suite 1550, Miami, Fl, USA is the controller of your personal data.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. Any changes we may make to our Policy in the future will be notified and made available to you using the Website. Your continued use of the Services and the Website shall be deemed your acceptance of the varied Privacy Policy.

Copyright © 2020 Latin America Executive Search Consultants
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