Privacy Notice

1. Introduction

This notice sets out the basis on which any personal data we collect from you or from third parties or other sources, or that you provide to us, will be processed by us. Please read it carefully to understand how we will treat your personal data. For the purposes of the European Union (EU) General Data Protection Regulation 2016/679 (the “GDPR”) and the UK GDPR (as defined in section 3(10) of the UK’s Data Protection Act 2018), TalentDesk Limited a company registered in England and Wales (Company number 0769129) and whose registered office is situate at 5 Fleet Place, London EC4M 7RD, acts controller in relation to the processing of your personal data. A ’controller’ is responsible for deciding how we hold and use personal information about you and is required under the GDPR to notify you of the information contained in this privacy notice.

Where we refer in this Notice to ‘GDPR’ this includes the relevant equivalent provisions of the UK GDPR.

2. Personal Data We May Collect

We may collect the personal data of data subjects including individuals within the following categories of data subjects:

(i) Officers, employees and other representatives of companies that uses the TalentDesk Platform (“Platform”);

(ii) Officers, employees and other representatives of our suppliers and service providers and their agents, employees and representatives; and

(iii) Visitors to our sites.

We may collect and process the following personal data about you:

First and last name;
Company/organisation name and type;
Company number;
VAT number;
Office address;
Nationality;
Country of residence;
Function/department;
Work telephone number;
Work email address;
IP Address Data your internet protocol address
Bank Account information
Tax information
Identity numbers including social security numbers

Information that you provide by contacting us or by filling in forms on our Platform (together our “site”) or our online applications or online tools made available on the site (“Online Offering”). This includes information provided at the time of registering to use our site, subscribing to or registering as a user of any of our services on our site, or posting material or requesting further services on our site. We may also ask you for information when you report a problem with our site; if you contact us, we may keep a record of that correspondence;

Information that is automatically sent to us by your web browser or device, such as your IP-address, device type, browser type, referring site, sites accessed during your visit, the date and time of each visitor request;

Payment data, such as data necessary for processing payments and fraud prevention, including credit/debit card numbers, security code numbers and other related billing information;

Further information necessarily processed in a project or contractual relationship with TalentDesk or voluntarily provided by you, such as personal data relating to orders placed, payments made, requests, and project milestones; and

Personal data collected from publicly available resources (where our use of such public domain data for that purpose may reasonably be expected) or received from third parties.

3. How We Store Your Personal Data

We take appropriate measures to ensure that your personal data is kept secure, including preventing it from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal data to those who have a legitimate business need to view it.

Those processing your personal data will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted through any online means.

4. Where We Process Your Personal Data

We predominantly store personal data in our database system which is based in the UK; we also process and store personal data in countries within the European Economic Area (“EEA”) which have the same data protection laws as the United Kingdom.

To provide for adequate protection your personal data will otherwise only be transferred or stored outside the UK/EEA where we have a contract in place applying (i) for transfers from EU/EEA countries to non-EU/EEA countries the EU Standard Contractual Clauses for the Transfer of Personal Data to Third Countries pursuant to Commission Decision 2021/914 of 4 June 2021 (“SCCs”), and (ii) for transfers from the UK to non-UK countries the SCCs amended as may be recommended by the UK Information Commissioner’s Office, which contract gives your personal data protection equivalent to that within the UK/EEA.

5. Uses Made Of Your Personal Data

We use information held about you in the following ways and in accordance with the legal basis set out in section 6 below:

Communication activities- legal basis; legitimate interests -our legitimate interests relate the provision of services to our customers.
Sending out newsletters, media releases, details of available reports and guidance materials, and updates to organisations; sending invitations to participate in marketing events, sending questionnaires and survey forms, organising/hosting events, including using third party platforms for online events and other such activities.
Contractual activities- legal basis; contracting with providers including entering into and performing contracts with third parties including and employee activities; systems administration, account activities, and technical support; on-line activities.
To ensure that content from our site is presented in the most effective manner for you and for your computer
To verify your identity (if you registered for Online Offering) and to answer and fulfil your specific requests
To communicate with you about products, services and projects of TalentDesk, e.g. by responding to inquiries or requests.
To carry out our obligations arising from any contracts entered into between you and us; -legal basis; performance of a contract with you
To provide you with information, products or services provided you have not withdrawn your consent; -legal basis; performance of a contract with you
To ensure compliance with legal obligations (such as record keeping obligations); -legal basis; to fulfil a legal obligation
To solve disputes, enforce our contractual agreements and to establish, exercise or defend legal claims; legal basis- to fulfil a legal obligation.

Where we need to use your personal data for another reason, other than for the purpose for which we collected it, we will only use your personal information where that reason is compatible with the original purpose. Should it be necessary to use your personal data for a new purpose, we will notify you and communicate the legal basis which allows us to do so before starting any new processing.

In some circumstances we may anonymise the personal data so that it can no longer be associated with you, in which case we may use such information without further notice to you. If you refuse to provide us with certain information when requested, we may not be able to perform the contract we have entered into with you. Alternatively, we may be unable to comply with our legal or regulatory obligations.

We may also process your personal information without your consent, in accordance with this notice, where we are legally required or permitted to do so. We do not process your personal data to make any decisions based on exclusively automated processing, including profiling, which has a legal effect with regard to you or which materially adversely affects you in a similar manner.

6. Legal Basis for Data processing

The legal basis for CDP processing data about you is that such processing is necessary for the purposes of:

TalentDesk exercising its rights and performing its obligations in connection with any contract we make with you (Article 6 (1) (b) GDPR);

Compliance with TalentDesk’s legal obligations (Article 6 (1) (c) GDPR); and/or

Legitimate interests pursued by TalentDesk provided that those interests do not override any of your own interests, rights and freedoms which require the protection of your personal data. (Article 6 (1) (f) GDPR). Generally, our legitimate interests relate to providing services which relate to the facilitation of a relationship between customers and providers.

In some cases, we may ask if you consent to the relevant use of your personal data. In such cases we will request such consent from you separately, and the legal basis for our processing that data about you may then (in addition or instead) be that you have consented (Article 6 (1) (a) GDPR). In such cases you have the right to withdraw your consent to processing for such specific purposes. To withdraw a consent, please contact us using the contact details below (section 12). Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Please note that we may process your personal data on more than one lawful ground depending on the specific purpose for which we are using your data.

7. Disclosure Of Your Personal Data

We disclose your data only if the legal conditions are fulfilled, in particular Article 6 GDPR. In accordance with these provisions, a transfer is permissible in particular if

it is necessary for the performance of a contract with you;
it is necessary to fulfil a legal obligation;
processing is necessary for the purposes of our legitimate interests;
you have given your consent.

Sometimes the recipients to whom we transfer your personal data are located in countries in which applicable laws do not offer the same level of data protection as the laws of your home country. In such cases, we take measures to implement appropriate and suitable safeguards for the protection of your personal data as described in section 4 (Where We Process Your Personal Data).

Provided the legal requirements have been met, we may disclose your personal data to:

(f) our external third-party service providers which process such data only for the purpose of such services. The activities carried out by third-party service providers include: IT and data storage services, professional advisory services, administration services, marketing services and banking services; and

(g) if we are under a duty to disclose or share your personal data to comply with any legal obligation or the requirements of any regulator, or to enforce or apply our contract with you or our terms of use and other agreements; or to protect the rights, property, or safety of TalentDesk, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection, compliance with anti-money laundering requirements, and credit risk reduction.

8. How Long We Keep Your Personal Data

We will hold your personal data for as long as necessary to fulfil the purposes for which we collected it. To determine the appropriate retention period we consider the amount, the nature and sensitivity of the personal data, the potential risks of harm from unauthorised use or disclosure, the purposes, whether we can achieve those purposes by other means. Once the purpose for collecting the personal data has been achieved, the data will be deleted unless the law permits us to continue storing it for speciﬁc purposes, including the defence of legal claims.

9. Your Rights

Under the GDPR you have several important rights. In summary, these include rights to:

access your personal data;
require us to correct any mistakes in your information which we hold;
request the erasure of personal data concerning you in certain situations;
request the data to be transferred to a third party in certain situations;
object at any time to processing of personal data concerning you for direct marketing;
object in certain other situations to our continued processing of your personal data;
otherwise restrict our processing of your personal data in certain circumstances; and
The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

If you wish to exercise any of the above rights, please contact us using the contact details below (section 12).

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is an appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

It is important that the personal information we hold about you is accurate and current. Should your personal information change, please notify us of any changes of which we need to be made aware by contacting us, using the contact details below (section 12).

10. How To Complain

We hope that we can resolve any query or concern you raise about our use of your personal data. The GDPR also gives you the right to lodge a complaint with the competent data protection authority. A list and contact details of local data protection authorities is available here:

For the United Kingdom:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

e-mail: dpo@ico.org.uk

Website: https://ico.org.uk

We would, however, appreciate the chance to deal with your concerns before you approach a data protection authority so please contact us in the first instance.