Effective May 2018
This privacy notice describes how we, K2 Intelligence Holdings, Inc. and our affiliates and associated offices from time to time (“K2”, “we”, “us, “our”), process, maintain, use and share information about individuals (each a “User”, “you”, “your”) who use our website and related features (collectively, the “Site”) or who we communicate or interact with. Outside the scope of this notice, we also process information about individuals on behalf of our clients in connection with our client services (“Client Services”). By visiting our Site, you acknowledge the processing described in this notice and related documents.
We may change this privacy notice from time to time. Any such changes will be posted here. We encourage you to review this page each time you access our Site. If we make a material change in the way we use personal data about you, we take steps to alert you of such change and, where required by law, obtain your prior consent.
1. INFORMATION WE COLLECT ABOUT YOU
We currently collect information in the following ways:
- Information provided by you. You may give us information about you by, for example, when you contact us. This information may include your name, email address, phone number, information about your query and similar information. We will rely on the information provided by you as accurate, complete and up-to-date. Generally, you are under no obligation to provide this information, but without it, we may be unable to assist with your inquiry.
- Information about others. You may also provide us with information relating to third parties, such as people with whom you work or do business, references in connection with a job application, etc. Information about third parties should only be provided if you have demonstrable permission to do so or if the information is available in the public domain. You have no obligation to provide this information but if you do, we will rely on the information provided by you as accurate, complete and up-to-date.
- Cookies and information about your device. Regarding each visit to our Site, we may collect technical information about your device such as IP address, operating system, browser, time zone setting, the Internet address of the website from which you linked directly to our Site, URL clickstream data, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
- We also use the types of cookies described below on this Site. Cookies are text files containing small amounts of information downloaded to your device when you visit a website. Cookies can be first party, i.e., cookies placed on your device by our Site, or third-party cookies, i.e., cookies placed on your device through our Site by third parties, such as, Google. For more information please visit www.allaboutcookies.org. Save for certain information essential for our Site’s functionality, you do not have an obligation to accept cookies. Please see “Your Choices” below for more information. Our Site may use the following types of cookies:
- Strictly Necessary Cookies: These cookies are essential in order to enable you to move around the Site and use its features. Without these cookies, services such as enabling the version of content appropriate to your type of device cannot be provided.
- Performance Cookies: These cookies collect information about how you use the Site, for instance which pages you go to most often. Most of this information is anonymous. It is only used to improve how the Site works.
- Functionality Cookies: These cookies allow the Site to remember choices you make and provide enhanced, more personal features.
- Social Media cookies: These cookies allow you to connect with social media networks such as Twitter and LinkedIn. These are persistent cookies which will be kept on your device until their expiration or earlier manual deletion.
- Information from third-party sources. This may include information about you received from credit reference agencies, our service providers and other third parties when we process your job applications or for other legitimate purposes.
- Information processed on behalf of our clients. Where we provide Client Services to our clients we will process information about individuals as a data processor on behalf of our client, the data controller. Accordingly, we may be unable to respond to queries where the individual’s information is processed as part of our due diligence, research and other information and investigative services on our clients’ instruction.
2. HOW WE USE INFORMATION ABOUT YOU
We will only process your information, in accordance with applicable law, for the following purposes:
- responding to your queries, requests and other communications, for example, if you apply for a job or you send us an inquiry about our Site or Client Services;
- providing the Site, our content, features and related services, and allowing you to use features on our Site, when you choose to do so;
- enabling our service providers and vendors to carry out certain functions on our behalf in order to operate our business, including webhosting, data storage, identity verification, recruitment tools, financial reporting tools, technical and other functions, as applicable;
- carrying out profiling for business administration, recruitment, marketing and other business purposes, such as for example using recruitment tools that allow us to assess applicants and to consider their suitability for specific roles;
- personalizing your experience, e.g., to recognize your device, for example, the same personal computer or mobile device, to show content that matches information you were interested in on prior visits, or to use cookie data and limited log data to track access to and use of the Site, in order to understand our audience as a whole and to improve content and how the Site works;
- sending you personalized marketing emails, newsletters, or other communications about our Client Services as permitted by law or as requested by you. Please refer to “Your choices” below for information on how to unsubscribe;
- ensuring the security of our business and preventing and detecting fraud;
- administering our business, including complaints resolution, troubleshooting of our Site, data analysis, quality control, staff training, testing of new features, research and statistical purposes;
- developing and improving our Site, Client Services and related services;
- providing Client Services, where we process information about individuals as a data processor in accordance with the instructions of our clients in their capacity as data controllers; and
- complying with applicable law, including in response to a lawful request from a court or regulatory body.
The legal basis for our processing of information about individuals for the purposes described above will typically include, always only where permitted by law:
- processing necessary for our or a third party’s legitimate interests, such as processing for the purposes set out in paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i) and (j) above, which is carried out on the basis of our legitimate interests to ensure that our Site, content and services are provided at a competitive standard, efficiently, without delays and in an user-friendly and personalized manner taking into account User feedback, data and profiles, to ensure the security of our business and our Users, the provision of services and the proper and efficient administration of our business;
- processing necessary to fulfil a contract that we have in place with you, such as processing for the purposes set out in paragraphs (a), (b), (c), (d) and (e) above;
- your consent, such as processing for the purposes set out in paragraphs (d),(e) and (f) above;
- processing necessary for compliance with a legal obligation to which we are subject, such as processing for the purposes set out in paragraph (k) above;
- processing in accordance with our clients’ instructions where we act as a data processor, as set out in paragraph (j) above; and
- any other applicable legal ground from time to time in the jurisdictions where we operate.
3. YOUR CHOICES
Marketing. If you would like us to stop sending you marketing emails you may use the opt-out link at the bottom of any marketing email we send. Although we encourage you to use the opt-out link because it is automated, you may also send us a request at privacy@K2intelligence.com. You can also use that address to request a copy of any information, such as your contact details, that you have submitted to us through this Site or that we have in our marketing files to correct the information or to delete that information from marketing use. We will endeavor to satisfy such requests within a reasonable time. We reserve the right to retain a copy in our inactive records for any legally required purposes.
Cookies. When you arrive on our Site you will see a banner message informing you about cookies. Once you click ‘OK’, this message will close. If you do not wish to give consent you must modify your browser settings and click ‘OK’ when you revisit the site so the banner will not reappear. If you, or another user of your device, wish to withdraw your consent at any time, you have the ability to accept or decline cookies by modifying your browser setting as explained at www.allaboutcookies.org and www.youronlinechoices.com, in relation to third party cookies. If you choose to decline cookies, the Site may not function properly. Unless you change the settings, we assume that you are happy for us to place cookies on your device.
4. DISCLOSURE OF DATA ABOUT YOU TO THIRD PARTIES
We may transfer information about you, in accordance with applicable law, to the following recipients:
Our Group companies. We may share your information with our affiliates or associated offices in the US, Europe and other countries from time to time. In such cases, where required by law, we will safeguard your information by executing appropriate instruments, such as the EU Commission’s model clauses. Where required by law, we will disclose a copy of such safeguards to you.
Service Providers. We may contract with third-party service providers to perform functions for us, and provide or give access to your information for the purpose of doing so. Where required by law, we will ensure that your privacy rights are adequately protected by appropriate technical, organization, contractual or other lawful means. You may contact us for a copy of such safeguards in these circumstances.
Business Transfers. We reserve the right to transfer to relevant the parties, their service providers and advisors some or all of the information we have about you as part of a share transfer, business transfer of some or all of our assets to another company, reorganization, dissolution or similar event.
Our clients as part of Client Services. Where we act as a processor on behalf of our clients.
Disclosures for Legal Reasons. We reserve the right to disclose information about you when we are required to do so by law or regulation, for example, in response to a court order or subpoena or any other valid legal process. We may also disclose the information in response to a law enforcement agency request or when we believe such disclosure is necessary to protect our rights or to safeguard anyone’s property or safety.
5. RETENTION OF PERSONAL DATA
We retain information about individuals for as long as is necessary for the purposes listed above or longer where this is required by the law. Please contact us for further details of applicable retention periods.
We may keep an anonymized form of your information, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.
We will retain information in accordance with our clients’ instructions where we act on their behalf as a data processor.
6. DATA SUBJECT RIGHTS
Individuals based in Europe and certain other individuals (each a “Data Subject”) may have rights in relation to their information (referred to as “Personal Data”) under European data privacy laws. This excludes information processed as part of our Client Services on behalf of our clients, who should be contacted instead. Please contact us or visit the website of your local data privacy authority or privacy regulator for further information about your rights.
- Right to make a subject access request (SAR). Data Subjects may request in writing copies of their Personal Data. However, compliance with such requests is subject to certain limitations and exemptions and the rights of other individuals. Each request should make clear that a SAR is being made. You may also be required to submit a proof of your identity and payment, where applicable.
- Right to rectification. Data Subjects may request that we rectify any inaccurate or incomplete Personal Data.
- Right to withdraw consent. Data Subjects may at any time withdraw their consent to the processing of their Personal Data carried out by us on the basis of their previous consent. Such withdrawal will not affect the lawfulness of processing based on such previous consent.
- Right to object to processing including profiling. We will comply with valid objection requests unless we have a compelling overriding legitimate ground for the continuation of our processing or we have another lawful reason to refuse the Data Subject’s request. We will comply with each valid opt-out request in relation to marketing communications.
- Rights in relation to automated decisions about you. Where we make a decision based solely on automated processing which significantly affects the Data Subject, the Data Subject will have the right to contest the decision, express his/her point of view and obtain human intervention.
- Right to erasure. Data Subjects may request that we erase their Personal Data. We will comply, unless there is a lawful reason for not doing so. For example, there may be an overriding legitimate ground for keeping the Personal Data, such as, our business record retention obligations that we have to comply with.
- Restriction. Data Subjects may request that we restrict our processing of their Personal Data in various circumstances. We will comply, unless there is a lawful reason for not doing so, such as, a legal obligation to continue processing your Personal Data in a certain way.
- Right to data portability. In certain circumstances, Data Subjects may request the controller to provide a copy of their Personal Data in a structured, commonly used and machine-readable format and have it transferred to another provider of the same or similar services. To the extent this applies to our Site, we will comply with such transfer request. Please note that a transfer to another provider does not imply erasure of the Data Subject’s Personal Data which may still be retained for legitimate and lawful purposes.
- Right to lodge a complaint with the supervisory authority. We suggest that Data Subjects contact us about any questions or complaints in relation to how we process their Personal Data. However, each Data Subject has the right to contact the relevant supervisory authority directly. A list of supervisory authorities is available here.
Where we act on behalf of our clients as a data processor, we will pass on any rights requests to our respective clients to handle.
7. OTHER IMPORTANT INFORMATION
Security. We will use appropriate technical and organizational information security measures to try to prevent unauthorized access to your information. However, please be aware that the transmission of information via the internet is never completely secure. While we can do our best to keep our own systems secure, we cannot control the internet as a whole and we cannot therefore guarantee the security of your information as it is transmitted to and from our Site.
Children. The Site is intended for use by adults, primarily in their business or professional capacities. We do not target, or knowingly collect any information from children under the age of 13.
Contact us. If you have a question, request, complaint, dispute, or concern related to this Privacy Notice, you may send a message by email to email@example.com or contact:
Attn: Legal Department
845 Third Avenue
New York, NY 10022