Candidates Privacy Policy

Candidates Privacy Policy

1. Our Privacy Policy
1.1. Koya Leadership Partners, LLC (“Koya”, “we”, “our”, “us”) is committed to protecting and respecting your privacy.
1.2. This privacy policy sets out the basis on which any personal data which we collect about candidates and prospective candidates (“you” and “your”), or which you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data.
1.3. This privacy policy applies to candidates and prospective candidates whose details we hold on our database. If you access our website at www.koyapartners.com (“our website”), our ‘Website Privacy Policy’ will govern your use of our website. A copy of our ‘Website Privacy Policy’ can be found here: https://koyapartners.com/privacy-policy/.
1.4. As referred to in this privacy policy, “personal data” means any information relating to an identified or identifiable natural person. 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.
1.5. This privacy policy also refers to “special categories of personal data”. This is personal data which is to be treated with particular sensitivity, and includes information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic or biometric data, data concerning health or data concerning a person’s sex life or sexual orientation.
1.6. To the extent that we hold personal data relating to individuals located in the European Economic Area (“EEA”) and the United Kingdom (“UK”) we are bound by and act in compliance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”). This privacy policy sets out our practices and how we will treat your personal data under the GDPR.
2. Information we collect from you
2.1. We will collect and process the following personal data about you:

2.1.1. Information you give to us. This is information about you that you give to us when you complete any online form on our website, or by corresponding with us by telephone, e-mail or otherwise. The information you give to us may include your name, address, e-mail address, telephone number, employment and/or education history, personal description/bio and a resume/CV.
2.1.2. Information we collect about you. We may collect information about you from publicly available sources, including corporate websites, LinkedIn, Guide Star, Inside Philanthropy, Hunter, PEDS (Integrated Postsecondary Education Data System) and any other social media on which you have a profile.
2.1.3. Information we receive from other sources. We work closely with selected third parties, who may provide us with your personal data. We may also receive your personal data from third parties whose details you have given us in order that they can provide a reference for you. In the event that we acquire the business or assets of a third party, we may receive personal data as one of the transferred assets.
3. How we use your information
3.1. We will only use your personal data to the extent that the applicable law allows us to do so. To the extent that we hold personal data relating to individuals located in the EEA and the UK, the following legal bases on which we rely for processing personal data under the GDPR may include (without limitation) one or more of the following:
3.1.1. where you have given us your consent (for example, by opting in to receive emails from, and be contacted by, us when we launch a new executive search for a client following your receipt of our outreach email); and/or
3.1.2. where the processing is necessary for the purposes of our legitimate interests (or those of a third party) and your interests or fundamental rights and freedoms do not override those interests; and/or
3.1.3. where the processing is necessary to perform a contract we have entered into or are about to enter into with you.
3.2. We may use your personal data:
3.2.1. to contact you concerning a role or career opportunity which we think may be of interest to you;
3.2.2. to provide you with information on relevant roles and career opportunities, or clients with whom we are working;
3.2.3. to process any enquiry received from you, or respond to an expression of interest in our services;
3.2.4. to consider your suitability in relation to any executive searches we are undertaking;
3.2.5. to process any application made by you in relation to any role or career opportunity;
3.2.6. to provide information on candidates or potential candidates to any client for whom we are undertaking or have been instructed to undertake any executive search;
3.2.7. to send you our newsletters, updates and any other information about us and/or our services which we think may be of interest to you; and/or
3.2.8. to notify you of any changes to our services or the terms on which we provide our services.
3.3. We may collect from you, or you may give us, some special categories of personal data. We will only collect or receive this information directly from you, and not from any other sources. By agreeing to this privacy policy, you explicitly consent to the processing of any such personal data, for the purposes set out at paragraph 3.2 above.
4. Disclosure of your information
4.1. You agree that we have the right to share your personal data with selected third parties, including:
4.1.1. our client(s), for whom we are undertaking, or have been instructed to undertake, an executive search or searches; and
4.1.2. our business partners, suppliers and sub-contractors for the performance of any contract we enter into with them which relates to you or the services which we provide to you.
4.2. We further may disclose your personal data to a third party:
4.2.1. in the event of a sale, merger or other transfer of all or substantially all of the assets of Koya or any of its Corporate Affiliates (as defined below), or that portion of Koya or any of its Corporate Affiliates to which our services relate, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding, provided that the third party agrees to adhere to the terms of this privacy policy;
4.2.2. that is one of our Corporate Affiliates. For purposes of this privacy policy: “Corporate Affiliate” means any person or entity which directly or indirectly controls, is controlled by or is under common control with Koya, whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise. Any information relating to you that we provide to our Corporate Affiliates will be treated by those Corporate Affiliates in accordance with the terms of this privacy policy;
4.2.3. that is another company hired by us to perform certain business-related functions (“Outside Contractors”). Examples of such functions include mailing information, maintaining databases, and processing payments. We use reasonable efforts to ensure that these Outside Contractors are capable of (1) protecting the privacy of your Personal Data consistent with this Privacy Policy, and (2) not using or disclosing your Personal Data for any purpose other than providing us with the products or services for which we contracted or as required by law; or
4.2.4. if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation, including without limitation in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, lawful requests by public authorities, including to meet national security or law enforcement requirements, or other valid legal process, or in order to enforce or apply our other agreements; or to protect the rights, property or safety of Koya, any of our Corporate Affiliates, our clients, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Additionally, we may provide to third parties non-personally identifiable information, including where such information is combined with similar information of other users of our website. If you opt in, we may also provide to third parties personal data. In addition to the above, when users use our website, third parties (including without limitation third-party analytics service providers and commercial partners) may directly collect personal data and non-personally identifiable information about our users’ online activities over time and across different websites. The third parties to which we may provide or who may independently directly collect personal data and non-personally identifiable information may include providers of analytics services (including vendors and website tracking services), merchants, affiliates and other actual or potential commercial partners, sponsors, licensees, researchers and other similar parties.
5. Where we store your information
5.1. All the information we collect is stored on secure servers, which are hosted by a third party (Amazon Web Services) in the United States.
5.2. 5.2. To the extent that we process personal data of individuals located in the EEA or the UK: by agreeing to this privacy policy you explicitly consent to us storing, and (if applicable) transferring, your personal data in and to the United States, such transfer being necessary in order that we can contact you and process your personal data as set out at in this privacy policy. Without limitation of the foregoing, you expressly grant consent to us to (i) process and disclose your personal data (including any sensitive personal data) in accordance with this privacy policy; (ii) store and, if applicable, transfer your personal data (including any sensitive personal data) throughout the world including the United States or other countries that do not ensure adequate protection for personal data (as determined by the European Commission); and (iii) disclose your personal data (including sensitive personal data) to comply with lawful requests by public authorities, including to meet national security or law enforcement requirements.
5.3. Unfortunately, the transmission of information via the internet is not completely secure. When we correspond with you via the internet, although we will do our best to protect your personal data, we cannot guarantee its security. Any transmission of information by you is at your own risk. Once we have received your information, we will use appropriate technical and organisational measures to protect your personal data against unauthorized or unlawful processing, and against accidental loss, destruction or damage.
6. Retention of your information
6.1. We will only keep your personal data for as long as is necessary to fulfil the purposes for which we collected it. To determine the appropriate retention period, we consider the amount, nature and sensitivity of that personal data, the purposes for which we process it and whether we can achieve those purposes through other means, and any applicable legal requirements.
6.2. We will usually collect your personal data in relation to one executive search undertaken at any given time, but may use it in relation to other executive searches if we consider that you may be an appropriate candidate for these other searches. You agree to us retaining your personal data in our database following the conclusion of any executive search, so that we may be able to contact you again if we are instructed in relation to another role or opportunity which we think may be of interest to you. We believe this benefits you, and enables us to contact you in the event of another relevant role or career opportunity becoming available.
6.3. We do not hold your personal data indefinitely and, if we do not hear from you after trying to contact you three times, we will remove your personal data from our database.
7. Your rights
7.1. Under certain circumstances, in accordance with applicable law, including without limitation the GDPR to the extent applicable, you have the right to:
7.1.1. Request access to your personal data. This enables you to receive a copy of the personal data we hold about you.
7.1.2. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
7.1.3. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data in certain circumstances.
7.1.4. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground.
7.1.5. Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of persona data about you, for example if you want us to establish its accuracy or the reason for processing it.
7.1.6. Request the transfer of your personal data to another party.
7.1.7. Lodge a complaint with the relevant supervisory authority (as defined in the GDPR). If you have any complaints about the way we process your personal data, please do contact us. Alternatively you may lodge a complaint with the supervisory authority which is established in your country.
7.1.8. Withdraw consent. If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. Please note that, if you do withdraw your consent, you will not be able to benefit from our services and we will not be able to consider you in any future executive searches (unless you give consent again in the future).
7.2. If you want to exercise any of these rights, please contact us using the details at paragraph 10.
8. Changes to our privacy policy
We may update or modify this privacy policy at any time. If we do so, any changes we make will be posted on this page and, where appropriate, we will provide you with a copy of the updated or modified policy. Unless your specific consent is required (in which case we will seek this from you), your continued participation as a candidate or potential candidate shall indicate your agreement with the terms of the revised policy.
9. Do Not Track: The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to automated Do Not Track requests. However, if you wish to stop such tracking, please contact us with your request, using our contact details provided in paragraph 10 below.
10. Contact
Any comments, questions or requests regarding this privacy policy and how we process personal data should be directed to our privacy team: privacy@koyapartners.com
This privacy policy was last updated on, and is effective as of, Aug 20, 2018.