Arista Executive Search (hereinafter Arista or we) values its clients’ (hereinafter you) privacy. In this privacy notice, we explain how we collect and use your personal data as well as what we do to protect your data. This privacy notice helps you to understand why and how we process your data as well as what are your rights in relation to your personal data.
This privacy notice is applicable to you if you use our services as a candidate or a company for recruitment purposes if you submit an information request in our web environment and if you visit our website: https://aristaexecutive.com.
1. Terms & Definitions.
Personal data – means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, 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 natural person;
Processing of personal data – means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Controller – means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
Processor – means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller;
Third-party – means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data;
Personal data breach – means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed;
Data subject – a person whose personal data is processed (e.g. client who is a natural person, website user, or a contact person of a legal entity client).
Client – a company who is looking to hire a person, or a company looking to evaluate employee´s aptitudes, for employee´s related advisory such as work-related performance, career development, etc.
Client employee – is an employee of Arista client company.
Candidate – is a person looking for employment or whom Arista asks to run for an open role or participate in a confidential search process. A candidate is also a person who is looking for self-development and career assessment and advice.
2. The Controller.
Arista can be a controller or a processor in various data processing operations. To ensure your privacy rights are protected we abide by confidentiality principles and strictly limits disclosure of personal data.
For all the Candidate personal data and Client employee data saved at Arista systems the controller is:
Arista Executive Search
The controller of personal data, including candidate data, is processed for or forwarded to a Client, the Client is the controller. The Client effectively is a joint controller and will be responsible for any misuse of the personal data they received from Arista.
3. What type of personal data do we process?
Identification data – first and last name, personal ID code, date of birth, photo.
Contact data – phone number, e-mail address, residential address.
Third-person contact data – contact data of your reference provided by you; we will only ask for a reference with your consent.
Personal data – personal information such as your CV given when joining the Arista database.
Personal profile data – your current and previous work experience and education, your skills, and competencies. Part of your personal profile data is also background information/references received from previous employers/colleagues/subordinates.
Client employee data – Client and Arista consultant assessments of Client employees and psychometric testing results.
Psychometric data – personality and aptitude test results, consultant assessments of Candidates and Client employees.
Client data – representatives of a client company such as management or board members.
4. Why and how we are processing your personal data?
Arista processes personal data to ensure the performance of a contract, to comply with legal obligations, out of legitimate interest, or with data subject’s consent.
4.1. Data processing required for performance of a contract.
Data processing is necessary for performance of a contract concluded with you or for taking measures required prior to signing of the contract.
|Purpose of processing||Personal data categories|
4.2. Processing to fulfil legal obligations of Arista.
Legal obligations of processing include all personal data processing under relevant laws and regulations for example Employment Contracts Law or the Accounting Act. These laws also mandate the type of data collected and data retention periods.
|Purpoces of processing||Personal data categories|
|Invoices and bills||Client data|
|Responding to public authorities and state institutions||Personal data, Contact Data, Client data|
4.3. Data processing based on Arista’s legitimate interest.
A legitimate interest means that data processing is necessary for our business purposes. For data processing based on our legitimate interest we have conducted balance test to measure the impact of the processing on your privacy and data protection rights. You have a right to see these balance test as well as object to processing based on legitimate interest, if you consider that processing of your data for the following purposes breaches your privacy and data protection rights.
|Purpose of processing||Personal data categories|
|Arista intra-group data exchange||Personal profile data, Contact data, Client data|
|Marketing activities||Client data|
|Maintaining and developing client relationship||Contact data, Client data|
4.4 Data processing based on your consent.
We process your personal data based on consent only for specific purposes state below. Consent is voluntary and can be withdrawn at any given time, but withdrawal of consent means that we cannot deliver some of the services you have signed up for at Arista.
We collect data for your personal profile based on your consent.
We will also ask for your consent before forwarding your personal data to a matching vacancy.
Arista also collects references from your employers, colleagues, or subordinates with your explicit consent. We will not contact anyone for reference that you have not consented to.
We check business information databases for personal credit and business activities, such as board member or shareholder, profiles for background check. In addition, we also check public court records and conduct an internet search.
Arista conducts psychometric testing and consultant assessment with your consent.
|Purpose of processing||Personal data categories|
|Creating Personal Profile||Personal data, Contact data, Interview summaries and Psychometric data|
|Vacancy Matching||Personal data, Contact data and Psychometric dada|
|References||Third person contact data|
|Psychometric profile and tests||Client employee, Personal Profile and Psychometric data|
When you give consent, you have a right to withdraw your consent at any time by contacting us at: firstname.lastname@example.org and we will delete the data we are processing based on your consent.
5. Who else processes Your data in addition to Arista?
In Arista your personal data is accessible to employees who work with Candidates and Client employees. We will also occasionally forward your data, with your consent, to the other companies in Arista group shown on Arista homepage.
Outside Arista we will forward:
- your data with your consent to Clients;
- you a link to login and conduct any psychometric testing yourself. Two of our testing partners are based in Estonia. Third testing partner is a USA company. None of the partners retain a copy of your personal data;
- your data may also be accessible to service providers such as (not a complete list and subject to change): IT maintenance service provider, e-mail server provider, website administrator, auditor, lawyers;
- if legally obliged, your data to public authorities and institutions (e.g. police, courts, alarm centre, Data Protection Inspectorate).
We have concluded a data protection agreement with our partners and recruiting companies to ensure secure processing of personal data. These contracts oblige the other parties to:
- take appropriate measures to ensure confidentiality and security of the personal and
- process personal data in compliance with legal requirements and the agreement.
6. How long do we retain Your personal data?
|Until withdrawal of consent for processing ||We delete the data that we process based on your consent immediately after you withdraw the consent.|
|7 years.||All accounting base documents such as invoices and bills.|
3 years (after expiry or termination of contract)
|Profile data to protect us against potential claims or to file a claim for protecting ourselves and our own rights.|
7. Security of your personal data
Arista employs necessary legal, organisational, physical, and technical security measures to protect your personal data. Some examples of the measures we use:
Physical measures – the offices are locked and paper-based documents containing personal data are stored in locked cabinets.
Technical measures – computers are password protected and encrypted as necessary; firewalls and antivirus programmes are in use; backups are done regularly; all IT system users are assigned roles and profiles.
Organisational means – data protection, information security and access management policy; regular employee training, confidentiality requirements for employees.
8. Your rights concerning your personal data
- You have the right to receive information what data we process about you. To receive a copy of what personal data we hold about you contact us on the e-mail below.
We have a legal obligation to make sure that a person requesting information about themselves is indeed the person who has the right to receive the data. For this reason, you may have to prove your identity or right to request the data.
- You have the right to request deletion of your personal data. Please keep in mind that we cannot delete any data that we process to fulfil contractual or legal obligation.
- You have the right to object to or restrict the processing of your personal data.
- You have the right to data portability which means that if technologically possible we can forward your data in a digital format to other similar service.
To exercise the any of the abovementioned rights via e-mail to email@example.com.
9. Right to submit a complaint to a Data Protection Inspectorate.
In case you consider your privacy and data protection rights breached you have the right to lodge a complaint to the Estonian Data Protection Inspectorate.
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