Glenville | Privacy Policy
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EXTERNAL PRIVACY

NOTICE

(A) This Notice

This Notice is issued by FOSTER STACK LIMITED on behalf of itself, its subsidiaries (and its affiliates (together, “FOSTER STACK”, “we”, “us” and “our”) and is addressed to candidates, referees, sources, clients and other individuals outside our organisation with whom we interact, including clients, visitors to our Sites, and other users of our services (together, “you”). Defined terms used in this Notice are explained in Section (R) below.

For the purposes of this Notice, FOSTER STACK is the Controller. Contact details are provided in Section (Q) below.

This Notice may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Notice carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Notice.

It is important that you read this privacy policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices and is not intended to override them

You have a number of rights in relation to the processing of your personal data including the right to object where we process your data for the purposes of our legitimate interest and where we process your data for direct marketing purposes.

 

(B) Collection of Personal Data

Collection of Personal Data: We may collect Personal Data about you from the following sources:

  • Data you provide:We may obtain your Personal Data when you provide it to us (e.g., where you contact us via email or telephone, or by any other means, or when you provide us with your CV or business card).
  • Relationship data:We may collect or obtain your Personal Data in the ordinary course of our relationship with you (e.g., if you purchase a service from us).
  • Data you make public:We may collect or obtain your Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s)).
  • Site data:We may collect or obtain your Personal Data when you visit any of our Sites or use any features or resources available on or through a Site.
  • Registration details:We may collect or obtain your Personal Data when you use, or register to use, any of our Sites, or services.
  • Content and advertising information:If you choose to interact with any third-party content or advertising on a Site, we may receive Personal Data about you from the relevant third party.
  • Third party information:We may collect or obtain your Personal Data from third parties who provide it to us (e.g., industry sources, publications, public sources, credit reference agencies; law enforcement authorities; from your contacts, etc.).

(C) Creation of Personal Data

We may also create Personal Data about you, such as records of your interactions with us, and any interactions we have with clients on your behalf.

(D) Categories of Personal Data we may Process

We may Process the following categories of Personal Data about you:

  • Personal details:given name(s); preferred name; photograph; employment history; education; and other typical CV content.
  • Demographic information:gender; date of birth / age; nationality; salutation; title; and language preference
  • Contact details:correspondence address; telephone number; email address; Skype address and details of your public social media profile(s).
  • Consent records:records of any consents you may have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent).
  • Data relating to our Sites:device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Site; username; password; security login details; usage data; aggregate statistical information
  • Employer details:where you interact with us in your capacity as an employee, the name, address, telephone number and email address of your employer, to the extent relevant.
  • Content and advertising data:records of your interactions with our online advertising and content, records of advertising and content displayed on pages displayed to you, and any interaction you may have had with such content or advertising (including mouse hover, mouse clicks, any forms you complete (including incomplete forms not submitted) and any touchscreen interactions).
  • Views and opinions:any views and opinions that you choose to send to us, or publicly post about us on social media platform

(E) Lawful basis for Processing Personal Data

In Processing your Personal Data in connection with the purposes set out in this Notice, we may rely on one or more of the following legal bases, depending on the circumstances:

  • Consent: We may Process your Personal Data where we have obtained your prior, express consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way);
  • Legitimate interests: We may Process your Personal Data where we have a legitimate interest in carrying out the Processing for the purpose of managing, operating or promoting our business, and that legitimate interest is not overridden by your interests, fundamental rights, or freedoms;
  • Contractual necessity: We may Process your Personal Data where the Processing is necessary in connection with any contract that you may enter into with us;
  • Compliance with  applicable law: We  may  Process  your  Personal  Data  where  the Processing is required by applicable law; or
  • Vital interests:We may Process your Personal Data where the Processing is necessary to protect the vital interests of any individual.

(F) Sensitive Personal Data

We do not seek to collect or otherwise Process your Sensitive Personal Data in the ordinary course of our business. Where it becomes necessary to process your Sensitive Personal Data for any reason, we rely on one of the following legal bases:

  • Compliance with applicable law: We may Process your Sensitive Personal Data where the Processing is required or permitted by applicable law (e.g., to comply with our diversity reporting obligations);
  • Detection and prevention of crime: We may Process your Sensitive Personal Data where the Processing is necessary for the detection or prevention of crime (including the prevention of fraud);
  • Establishment, exercise or defence of legal rights: We may Process your Sensitive Personal Data where the Processing is necessary for the establishment, exercise or defence of legal rights; or
  • Consent: We may Process your Sensitive Personal Data where we have, in accordance with applicable law, obtained your prior, express consent prior to Processing your Sensitive Personal Data (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
  • Contract: Where prior to entering into a contract of employment with you our client requires for the purposes of the contract a garda reference check we may process your information for that purpose. You will be advised prior to any garda reference check being carried out and will be given the option to decline.

(G) The Purposes and legal basis for which we may Process your Personal Data

The purposes for which we may Process Personal Data, subject to applicable law, include:

  • Evaluate data about you against vacancies which our clients are seeking to fill, that we determine may be suitable for you. When we evaluate your data, including data we obtain from public sources and third parties we will rely on our legitimate business interest, as a recruitment company to assess and evaluate potential candidates and to make initial communications with you about potential vacancies. You can object to us processing your information for this purpose.
  • Where following the evaluation as referred to above, we determine that you may be suitable for a role our client is seeking to fill we will share your information with our client, in our legitimate interest and that of our clients in filling a role. We will advise you before we do this and you can object to this, before we do so.
  • We may share your information with third parties where we or our clients have engaged them to deliver services that have been requested. These may include references, qualifications, criminal reference checking services and/or psychometric evaluation or skill tests. These will be advised to you as part of the process and you have the option to decline. These requirements may be necessary prior to you entering into a contract with our client or may be in the legitimate business interests of our client, in sourcing suitable candidates. Where any of the above involves the processing of any special category of personal data (excluding data related to any garda reference checking, where, the legal processing ground of contract will be relying upon) we will seek your explicit consent prior to processing your information for that purpose. This consent can be withdrawn at any time.
  • Where following evaluation we decide not to put you forward for a particular role, and/or you are put forward but are not successful or do not take on any role we will retain your data on our database in order to consider you for future roles in our legitimate business interest. Our legitimate interest is to maintain a high-quality database of executives to service the future needs of our clients. You can object to this at any time.
  • Permit you to submit your CV to apply online for an assignment we are working on or to make general enquires and communication with you about your CV or enquiry, as part of our services. In order to process your data for this purpose we rely on the legal basis of taking steps necessary to enter into a contract with you.
  • To provide career guidance and support, as part of the services we offer. In order to process your data for this purpose we rely on the legal basis of contract.
  • We may use your personal information to fulfil our compliance obligations, including ‘Know Your Client’ checks; and confirming and verifying your identity (including by using credit reference agencies); and screening against government and/or law enforcement agency sanctions lists and other legal restrict Where we do so it is pursuant to our legal obligations.
  • We may use your data for operating and managing our Sites; providing content to you; displaying advertising and other information to you; communicating and interacting with you via our Sites; and notifying you of changes to any of our Sites. We do this in our legitimate business interest of effective management of our site and business and making connections with users of our Site.
  • For communicating with you via any means (including via email, telephone, text message, social media, post or in person) news items and other information in which you may be interested, subject to ensuring that such communications are provided to you in compliance with applicable law; maintaining and updating your contact information where appropriate; and obtaining your prior, opt-in consent where required. You can opt out of these communications at any time.
  • Where you or an entity which you have established is paid remuneration through us, we may process your personal data in order to make payments to you. We do this for the purposes of a contract to which you are a party.
  • We may use your personal data to contact you to source information on potential candidates. We do this in our legitimate business interest and that of our clients to carry out executive searches for the benefit of our clients.
  • Management of our communications systems, operation of IT security systems; and IT security audits, in our legitimate business interest of ensuring we are providing a good service.
  • Health and safety assessments and record keeping; and compliance with related legal obligations.
  • Sales; finance; corporate audit; and vendor management, in our legitimate business interest.
  • Engaging with you for the purposes of obtaining customer satisfaction surveys your views on our services, in our legitimate business interest
  • Physical security of our premises (including records of visits to our premises; and CCTV recordings); and electronic security (including login records and access details). We do this in our legitimate business interest of keeping our business safe and secure.
  • Establishing, exercising and defending legal rights.
  • Compliance with our legal and regulatory obligations under applicable law.

 

  • Improving our Sites, services:
  • identifying issues with our Sites, or our services; planning improvements to our Sites, or our services; and creating new Sites, or services, in our legitimate business interest of the effective management of our business.
  • Our Site contains a link to executive coaching which is operated by a third party. If you avail of this service you should review any privacy policy of that third party. We have no responsibility for this third party and do not pass any of your personal information to them.

(H) Disclosure of Personal Data to third parties

We may disclose your Personal Data to other entities within the FOSTER STACK group for legitimate business purposes (including operating our Sites, and providing services to you), in accordance with applicable law.

In addition, we may disclose your Personal Data to:

  • legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulations.
  • accountants, auditors, lawyers and other outside professional advisors to FOSTER STACK, subject to binding contractual obligations of confident.
  • third party Processors(such as payment services providers; shipping companies; etc.), located anywhere in the world, subject to the requirements noted below in this Section (H).
  • any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights.
  • any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including safeguarding against and the prevention of threats to public security.
  • any relevant third-party acquirer(s),in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a re-organisation, dissolution or liquidation).
  • any relevant third-party provider, where our Sites use third party advertising, plugins or content. If you choose to interact with any such advertising, plugins or content, your Personal Data may be shared with the relevant third-party provider. We recommend that you review that third party’s privacy policy before interacting with its advertising, plugins or content.
  • With our clients, where we consider you suitable for a role which our client is seeking to fill.
  • We may share your information with third parties where we or our clients have engaged them to deliver services that have been requested. These may include references, qualifications, client company representatives, criminal reference checking services and/or psychometric evaluation or skill tests. These will be advised to you as part of the process and you have the option to decline.
  • To potential referees: we may disclose your personal information to anyone we obtain a reference from about you.

If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.

(I)   International transfer of Personal Data

Because of the international nature of our business, we may need to transfer your Personal Data within the FOSTER STACK and to third parties as noted in Section (H) above, in connection with the purposes set out in this Notice. For this reason, we may transfer your Personal Data to countries outside the EEA that may have different laws and data protection compliance requirements to those that apply in Ireland.

Where the laws of such countries do not afford an equivalent level of protection of personal information as the laws of Ireland, we take specific steps in accordance with data protection law to protect your personal information.

We’ll use one of these safeguards:

  • Transfer it to a non-EEA country with privacy laws that give the same protection as the EEA.
  • Put in place a contract with the recipient of the personal information that means they must protect it to the same standards as the EEA.
  • Transfer it to organisations that are part of Privacy Shield. This is a framework that sets privacy standards for data sent between the US and EU countries. It makes sure those standards are similar to what is used within the EEA.

(J)  Data security

We have implemented appropriate technical and organisational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law.

Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to us using the internet – any such transmission is at your own risk and you are responsible for ensuring that any Personal Data that you send to us are sent securely.

(K) Data accuracy

We take every reasonable step to ensure that:

  • Your Personal Data that we Process are accurate and, where necessary, kept up to date; and
  • any of your Personal Data that we Process that are inaccurate (having regard to the purposes for which they are Processed) are erased or rectified without delay.

From time to time we may ask you to confirm the accuracy of your Personal Data.

(L) Data minimisation

We take every reasonable step to ensure that your Personal Data that we Process are limited to the Personal Data reasonably necessary in connection with the purposes set out in this Notice.

(M) Data retention

We take every reasonable step to ensure that your Personal Data are only Processed for the minimum period necessary for the purposes set out in this Notice.

The criteria for determining the duration for which we will keep your Personal Data are as follows: we will retain copies of your Personal Data in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Notice, unless applicable law requires a longer retention period. In particular, we may retain your Personal Data for the duration of any period necessary to establish, exercise or defend any legal rights.

(N) Your legal rights

Subject to applicable law, you may have a number of rights regarding the Processing of your

Relevant Personal Data, including:

  • the right not to provide your Personal Data to us (however, please note that we may be unable to provide you with the full benefit of our Sites, or our services, if you do not provide us with your Personal Data.
  • the right to request access to, or copies of, your Relevant Personal Data, together with information regarding the nature, Processing and disclosure of those Relevant Personal Data.
  • the right to request rectification of any inaccuracies in your Relevant Personal Data;
  • the right to request, on legitimate grounds:

o  erasure of your Relevant Personal Data; or

o  restriction of Processing of your Relevant Personal Data.

  • the right to object, on legitimate grounds, to the Processing of your Relevant Personal

Data by us or on our behalf.

  • the right to have certain Relevant Personal Data transferred to another Controller, in a structured, commonly used and machine-readable format, to the extent applicable.
  • where we Process your Relevant Personal Data on the basis of your consent, the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Personal Data in reliance upon any other available legal bases).
  • The right to withdraw consent, where we process data on the basis of your consent
  • The right to object, at any time, to us processing your personal information for direct marketing purposes.
  • the right to lodge complaints with the Data Protection Commissioner regarding the Processing of your Relevant Personal Data by us or on our behalf.

These rights are in some circumstances limited by applicable data protection laws.

This does not affect your statutory rights.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Notice, or about our Processing of your Personal Data, please use the contact details provided in Section (Q) below. Please note that:

  • we may require proof of your identity before we can give effect to these rights.
  • where your request requires the establishment of additional facts (e.g., a determination

of whether any Processing is non-compliant with applicable law) we will investigate your

request reasonably promptly, before deciding what action to take.

(O) Cookies and similar technologies

When you visit a Site we may place Cookies onto your device, or read Cookies already on your device, subject always to obtaining your consent, where required, in accordance with applicable law. We use Cookies to record information about your device, your browser and, in some cases, your preferences and browsing habits. We may Process your Personal Data through Cookies and similar technologies, in accordance with our cookie notice.

(P) Direct marketing

We may Process your Personal Data to contact you via email, telephone, direct mail or other communication formats to provide you with information regarding services that may be of interest to you. If we provide services to you, we may send information to you regarding our services, upcoming promotions and other information that may be of interest to you, using the contact details that you have provided to us and always in compliance with applicable law.

You may unsubscribe from our promotional email list at any time by simply clicking on the unsubscribe link included in every promotional email we send. After you unsubscribe, we will not send you further promotional emails, but we may continue to contact you to the extent necessary for the purposes of any services you have requested.

(Q) Contact details

If you have any comments, questions or concerns about any of the information in this Notice, or any other issues relating to the Processing of Personal Data carried out by us, or on our behalf, please contact:

FOSTER STACK

39 Fitzwilliam Square,
Dublin D02 NX53,
Ireland

 

(R) Definitions

‘appropriate technical and organisational security measures’ has the meaning given in the GDPR.

Controller” means the entity that decides how and why Personal Data are Processed.

In  many  jurisdictions,  the  Controller  has  primary  responsibility  for  complying  with applicable data protection laws.

Cookie” means a small file that is placed on your device when you visit a website (including our Sites). In this Notice, a reference to a “Cookie” includes analogous technologies such as web beacons and clear GIFs.

Data Protection Commissioner” means the independent public authority in Ireland that is legally tasked with overseeing compliance with applicable data protection laws.

EEA” means the European Economic Area.

GDPR’ means the General Data Protection Regulation (EU) 2016/67.

Personal Data” means information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.

Process”, “Processing” or “Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Processor” means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).

Relevant  Personal  Data”  means  Personal  Data  in  respect  of  which  we  are  the Controller. It expressly does not include Personal Data of which we are not the Controller.

Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that may be deemed to be sensitive under applicable law.

Site” means any website operated, or maintained by us or on our behalf.