Privacy Statement

Last date of revision: June 2018

  1. WHO DOES THIS PRIVACY STATEMENT APPLY TO

    1. Phoenix Executive SPRL is a global recruitment research and search company. We provide a complete search service, including the creation of talent pools.

      We have our registered office at Rue des Aduatiques 71-75, B-1040 Etterbeek - Belgium. We are officially registered under RPR/RPM Brussels 0865.966.213.

    2. Phoenix Executive acts as a data controller for all personal data which it processes. Depending on the processing activity in the context of which your personal data are processed, we may be qualified as a separate data controller or as a joint controller with one or more other companies.

      We collect, store and process any personal data as safely as reasonably possible and in strict compliance with the applicable data protection legislation among which the General Data Protection Regulation 2016/679 of 27 April 2016 (‘GDPR’).

    3. Please follow the links below for further information. Where relevant, we have made a distinction between different categories of data subjects:

      What is covered by this Privacy Statement?

      Why we use your data

      The legal grounds for processing your data

      Your rights

      How we obtain data

      Data we collect

      Disclosures

      Security of your data

      Data retention

      Automated decision-making

      How to contact us?

      Changes to this policy

  2. WHAT IS COVERED BY THIS PRIVACY STATEMENT

    1. With this Privacy Statement we would like to inform you about why and how we process your personal data when we perform our activities or when you use our website (“the Site”) and any of the services we offer through the Site, who we give that information to, what your rights are and who you can contact for more information or queries.

    2. This Privacy Statement covers the processing of personal data of:

      • website visitors;
      • potential candidates: individuals whose data we collect because their profile might be appropriate for a job opening with our clients;
      • candidates: individuals who have explicitly authorized us to list them in our database as a candidate open for job offerings and to disclose their personal data to our clients;
      • any (contact person) of a party with whom Phoenix Executive does or intends doing business with (clients, prospects, suppliers, other business partners, ...);
    3. When we refer to "the Site", we mean the webpages with a URL commencing:

    4. The Site may link to other sites provided by other affiliated companies entities or by third parties. Whilst we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices of other websites.

      When linking to any such sites, we strongly recommend you to review the Privacy Statements on these sites, before disclosing any personal information.

  3. WHY WE USE YOUR DATA

    1. WEBSITE VISITORS

      1. We only process your personal data for legitimate business reasons. These purposes include, but are not limited to:

        • the provision and good organisation of our (online) services;
        • dealing with enquiries, requests and complaints;
    2. POTENTIAL CANDIDATES

      1. We collect data from individuals whose profile might be appropriate for a job opening with our clients.

      2. We only process these data for legitimate business reasons. These purposes include, but are not limited to servicing our clients by performing our recruitment activities.

    3. CANDIDATES LISTED IN OUR DATABASE AS A CANDIDATE OPEN FOR JOB OFFERINGS

      1. With your consent, you will be listed in our database as a candidate open for job offerings and your personal data may be disclosed to our clients.

      2. We only process your data for legitimate business reasons. These purposes include, but are not limited to:

        • the development of a database (“talent pool”) in order to service our clients;
        • the performance of our recruitment activities;
        • the provision and good organisation of our services.
    4. ANY (CONTACT PERSON OF A) PARTY WITH WHOM PHOENIX EXECUTIVE DOES OR INTENDS DOING BUSINESS WITH (CLIENTS, PROSPECTS, SUPPLIERS, OTHER BUSINESS PARTNERS, ...)

      1. We only process your personal data for legitimate business reasons. These purposes include, but are not limited to:

        • respecting our legal obligations;
        • order and supplier management;
        • client management;
        • invoicing and accounting;
        • the provision of information on our organisation, services and activities;
        • the good organisation of our services;
  4. THE LEGAL GROUNDS FOR PROCESSING YOUR DATA

    1. WEBSITE VISITORS

      1. When you send a message via the contact form on the website, your personal data will in principle be processed for the purposes of our legitimate interests (namely the interest to handle all enquiries, requests and complaints sent via this form in the best possible way).

        For this purpose, we will always determine case by case whether our interests are not overridden by your interests, fundamental rights and freedoms.

    2. POTENTIAL CANDIDATES

      1. We will collect and store your data for the purposes of our legitimate interests (namely the interest to develop a database with interesting profiles to service our clients by performing our recruitment activities).

        For this purpose, we will always determine case by case whether our interests are not overridden by your interests, fundamental rights and freedoms.

    3. CANDIDATES LISTED IN OUR DATABASE AS A CANDIDATE OPEN FOR JOB OFFERINGS

      1. We will only list you in our database as a candidate open for job offerings and disclose your personal data to our clients with your explicit prior consent. You can withdraw your consent at any time by sending an e-mail to info@phoenixexecutive.com or by using the withdrawal option in our online consent form (sent to you via e-mail).

    4. ANY (CONTACT PERSON OF A) PARTY WITH WHOM PHOENIX EXECUTIVE DOES OR INTENDS DOING BUSINESS WITH (CLIENTS, PROSPECTS, SUPPLIERS, OTHER BUSINESS PARTNERS, ...)

      We process your personal data for the purposes mentioned above:

      1. if necessary for the performance of contracts to which you are party or in order to take steps at your request prior to entering into a contract;
      2. if necessary for compliance with our legal obligations;
      3. if the purposes of the legitimate interests of Phoenix Executive, and/or of a third party, including (but not limited to) our activities, client / prospect / supplier management etc.

      If we have the legal obligation to obtain your free, informed, specific and unambiguous consent to process your personal data for certain purposes (e.g. specific direct marketing or market research activities), we will only process your data for such purposes to the extent that we have obtained such consent from you.

  5. YOUR RIGHTS

    1. You have several rights concerning the information we hold about you. We would like to inform you that you have the right to:

      • obtain confirmation that we are processing your personal data and request a copy of the personal data we hold about you;
      • ask that we update the personal data we hold about you, or correct such personal data that you think is incorrect or incomplete;
      • ask that we delete personal data that we hold about you, or restrict the way in which we use such personal data if you believe that there is no (longer a) lawful ground for us to process it;
      • withdraw consent to our processing of your personal data (to the extent such processing is based on consent);
      • receive a copy of the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and to transmit such personal data to another party (to the extent the processing is based on consent or a contract);
      • object to our processing of your personal data for which we use legitimate interest as a legal basis, in which case we will cease the processing unless we have compelling legitimate grounds for the processing.
    2. In order to exercise any of your rights, you can send us a request, indicating the right you wish to exercise:

      • by e-mailing us at info@phoenixexecutive.com or
      • by addressing your query to Christine Heeger, Partner, Rue des Aduatiques 71-75, B-1040 Etterbeek, Belgium.
    3. If you are unhappy with the way we have handled your personal data or any privacy query or request that you have raised with us, you have a right to complain to the Data Protection Authority (“DPA”) in your jurisdiction. If you would like to be directed to the appropriate DPA, please contact us.

  6. HOW WE OBTAIN DATA

    1. WEBSITE VISITORS

      1. We may obtain your personal data when you use the Site and its services. This may be for instance the case when contact us through the contact form on the Site.

    2. POTENTIAL CANDIDATES
      OR
      CANDIDATES LISTED IN OUR DATABASE AS A CANDIDATE OPEN FOR JOB OFFERINGS

      1. We may obtain your personal data because you give them to us (e.g. by contacting us), because others give them to us (e.g. your employer, your colleagues, other companies etc.) or because they are publicly available (e.g. on public business websites, social media such as LinkedIn and Xing etc.).

      2. When we obtain personal data from external parties, we make reasonable efforts to enter into contractual clauses with these parties obliging them to respect the data protection legislation. This can be done by obliging this party to provide you with all necessary information or - if necessary - to obtain your consent for processing the personal data as described in this Privacy Statement.

    3. ANY (CONTACT PERSON OF A) PARTY WITH WHOM PHOENIX EXECUTIVE DOES OR INTENDS DOING BUSINESS WITH (CLIENTS, PROSPECTS, SUPPLIERS, OTHER BUSINESS PARTNERS, ...)

      1. We may obtain you personal data in the framework of the performance of our business activities.

      2. We may obtain such personal data because you give them to us (e.g. by contacting us), because others give them to us (e.g. your employer, third party service providers that we use in the framework of our activities) or because they are publicly available.

      3. When we obtain personal data from external parties, we make reasonable efforts to enter into contractual clauses with these parties obliging them to respect the data protection legislation. This can be done by obliging this party to provide you with all necessary information or - if necessary - to obtain your consent for processing the personal data as described in this Privacy Statement.

  7. DATA WE COLLECT

    1. WEBSITE VISITORS

      We may collect your personal data when you contact us through the contact form on the Site.

    2. POTENTIAL CANDIDATES
      OR
      CANDIDATES LISTED IN OUR DATABASE AS A CANDIDATE OPEN FOR JOB OFFERINGS

      The personal data that we collect or obtain may, among other things, include:

      • standard identification data (name, address,...)
      • personal data (date and place of birth, nationality, gender, phone number, email address, hobbies and interests, …);
      • professional experience details and career (profile, data on previous employers, termination of last employments and work carried out, special projects, …);
      • education details (diploma’s, certificates, internships, special trainings,...)
      • language skills;
      • immigration status (information on visa, work permit, residence permite);
      • financial specifics (current salary, salary expectations etc.);
      • any other personal data that might be relevant for the profiles searched by our clients or that are included in application records (e.g. CV’s).
    3. ANY (CONTACT PERSON OF A) PARTY WITH WHOM PHOENIX EXECUTIVE DOES OR INTENDS DOING BUSINESS (CLIENTS, PROSPECTS, SUPPLIERS, OTHER BUSINESS PARTNERS, ...)

      The personal data that we collect or obtain may, among other things, include:

      • Identification data (e.g. name, address (private/work), phone number (private / work), e-mail address (private / work), country of residence), national identification number, passports etc.
      • electronic identification data (e.g. IP addresses, browser type, cookie identifiers, ...);
      • personal characteristics (e.g. age, gender, date of birth, place of birth, nationality, language, family composition, hobby’s etc.);
      • financial specifics (salary details - life style and social circumstances;
      • family circumstances (e.g. marital status);
      • employment and educational data (e.g. organization you work for, job title, current responsibilities, projects, qualifications, trainings, work scheme...);
      • data about the services you request from us;
      • data about how you interact with us (e.g. when you contact us) and other similar information
  8. ACCESS AND DISCLOSURES

    1. WEBSITE VISITORS

      1. Our staff members will have access to your personal data on a strict ‘need-to-know’ basis for the purposes described above.

    2. POTENTIAL CANDIDATES

      1. Our staff members responsible for our recruitment activities will have access to your personal data on a strict ‘need-to-know’ basis for the purposes described above.

    3. CANDIDATES LISTED IN OUR DATABASE AS A CANDIDATE OPEN FOR JOB OFFERINGS

      1. Our staff members responsible for our recruitment activities will have access to your personal data on a strict ‘need-to-know’ basis for the purposes described above. With your consent, we may also disclose your personal data to our clients if your profile would meet their demands.

      2. Please note that some of our clients to which your personal data are disclosed, may be based in countries outside of the European Economic Area whose laws may not provide the same level of data protection. In the latter case, we will take appropriate safeguards to process your personal data in accordance with the data protection legislation, such as Standard Contractual Clauses (SCC) of the European Commission.

    4. ANY (CONTACT PERSON OF) A PARTY WITH WHOM PHOENIX EXECUTIVE DOES OR INTENDS DOING BUSINESS WITH (CLIENTS, PROSPECTS, SUPPLIERS, OTHER BUSINESS PARTNERS, ...)

      1. Our staff members and our lawyers will have access to your personal data on a strict need-to-know basis. We may disclose your personal data to affiliated companies, third parties that provide services to us that reasonably require access to personal data relating to you for one or more of the purposes outlined in the “Why we use your data” section above. The following external parties may for instance be involved:

        • external service providers we rely on for various business services;
        • other law firms;
        • law enforcement authorities in accordance with the relevant legislation;
        • external professional advisors (e.g. consultants of the company).

        We reserve the right to disclose your personal information as required by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator or any other legal process served on us.

      2. Please note that some of the recipients of your personal data referenced above may be based in countries outside of the European Economic Area whose laws may not provide the same level of data protection. In the latter case, we will take appropriate safeguards to process your personal data in accordance with the data protection legislation, such as Standard Contractual Clauses (SCC) of the European Commission.

  9. SECURITY OF YOUR DATA

    1. We employ strict technical and organizational (security) measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage both online and offline.

      These measures include:

      • training to relevant staff to ensure they are aware of our privacy obligations when handling personal data;
      • administrative and technical controls to restrict access to personal data on a ‘need to know’ basis (passwords);
      • technological security measures, including fire walls, encryption and anti-virus software;
      • confidentiality statement for staff members processing personal data;
      • physical security measures, such as security badges to access our premises.
    2. Although we use appropriate security measures once we have received your personal data, the transmission of data - especially over the internet (including by e-mail) - is never completely secure. We endeavor to protect personal data, but we cannot guarantee the security of data transmitted to us or by us.

      We limit access to your personal information to those who we believe reasonably need to come into contact with that information in order to carry out their jobs.

  10. DATA RETENTION

    1. WEBSITE VISITORS

      1. Your personal data will not be retained longer than necessary for the purposes described above.

      2. As a general rule, personal data obtained through our website are stored for a period of 5 years.

        Depending on the specific situation and the applicable national legislation, we may however retain your personal data for a longer period. This will in particular be the case if any of the following periods is longer : (i) as long as is necessary for our daily business; (ii) any retention period that is required by law; or (iii) the end of the period in which litigation or investigations might arise.

    2. POTENTIAL CANDIDATES

      1. Your personal data will be deleted if they are not necessary anymore for the purposes described above (e.g. if they are outdated or not useful anymore for the business).

      2. As a general rule, personal data of potential candidates are kept for a period of 5 years as of the moment of collection.

      3. Furthermore, depending on the specific situation and the applicable national legislation, we may retain your personal data for a longer period than 5 years. This will in particular be the case if any of the following periods is longer : (i) as long as is necessary for our daily business; (ii) any retention period that is required by law; or (iii) the end of the period in which litigation or investigations might arise.

    3. CANDIDATES LISTED IN OUR DATABASE AS A CANDIDATE OPEN FOR JOB OFFERINGS

      1. Your personal data will be deleted if they are not necessary anymore for the purposes described above (e.g. if they are outdated or not useful anymore for the business).

      2. As a general rule, personal data of potential candidates are kept for a period of 5 years as of the moment of consent.

        Depending on the specific situation and the applicable national legislation, we may however retain your personal data for a longer period. This will in particular be the case if any of the following periods is longer: (i) as long as is necessary for our daily business; (ii) any retention period that is required by law; or (iii) the end of the period in which litigation or investigations might arise.

    4. ANY (CONTACT PERSON OF A) PARTY WITH WHOM PHOENIX EXECUTIVE DOES OR INTENDS DOING BUSINESS WITH (CLIENTS, PROSPECTS, SUPPLIERS, OTHER BUSINESS PARTNERS, ...)

      1. Your personal data will not be retained longer than necessary for the purposes described above.

      2. As a general rule, records in the framework of a contractual relationship are stored for a period of 5 years as from the end of the contractual relationship.

      3. We may however retain your personal data for another period, depending on one of the following periods: (i) as long as is necessary for our daily business; (ii) any retention period that is required by law; or (iii) the end of the period in which litigation or investigations might arise.

  11. AUTOMATED DECISION-MAKING

    1. Automated decisions are defined as decisions about individuals that are based solely on the automated processing of data and that produce legal effects that significantly affect the individuals involved.

    2. As a rule, your personal data will not be used for automated decision-making. We do not base any decisions about you solely on automated processing of your personal data.

  12. HOW TO CONTACT US?

    1. We hope that this Privacy Statement helps you understand, and feel more confident about, the way we process your data. If you have any further queries about this Privacy Statement and this Site in general, please contact us:

      • by e-mailing us at info@phoenixexecutive.com or
      • by calling us at 0032.2.541.14.40 or
      • by addressing your query to Christine Heeger, Rue des Aduatiques 71-75, B-1040 Etterbeek, Belgium.
  13. CHANGES TO THIS PRIVACY STATEMENT

    1. We may modify or amend this Privacy Statement from time to time. Any changes we may make to this Privacy Statement in the future will be posted on this page. To let you know when we make changes to this Privacy Statement, we will amend the revision date at the top of this page. The new modified or amended Privacy Statement will apply from that revision date. Please check back periodically to see changes and additions.

      If we are in the possession of your e-mail address and we are still processing your personal data, we will also inform you electronically about all changes to this Privacy Statement.