Welcome to our Privacy Policy
We ask that you read this Privacy Policy carefully as it contains important information about who we are, how and why we collect, store, use and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.
About Carmichael Fisher
Carmichael Fisher (‘we’ or ‘us’ or ‘our’) is an executive search firm headquartered in Los Angeles, California with offices across the US.
We collect, use and are responsible for certain personal information about you.
As such, we gather and process your personal information in accordance with this Privacy Policy and in compliance with the relevant data protection regulation and laws.
Our services are uniquely aimed at adults and we do not knowingly process personal data or information related to children.
Overview
As a retained executive search firm, our main purpose for processing personal data is to support Clients in recruiting executives for their organizations and to recruit successful Candidates into Client roles. This Privacy Policy explains the key definitions we use in our executive search, the information we collect about you, the lawful basis for processing your personal data, how we share your information, international transfers in relation to your personal data, safeguard measures we have in place to secure your personal data, your rights regarding the data we process about you, how we conduct our marketing activities, changes that may be made to the Privacy Policy and our contact information.
We respect your privacy and our aim is to ensure that the data we process about you is appropriate to perform our services as an executive search firm and in accordance with data protection laws. This Privacy Policy provides you with the necessary information regarding your rights and our obligations when we process your personal data.
Our contact information
Please contact us if you have any questions about this Privacy Policy or the information we hold about you.
If you wish to contact us, please use the email below marking your correspondence “Data Protection”.
privacy@cfsearch.com
Definitions
“You” are an existing candidate, potential candidate, client contact, consultant/contractor, referee, source or vendor involved in the introduction and/or supply of our executive search.
“Candidate” means an individual (applicant, prospect, existing) who is considered, evaluated or assessed by Carmichael Fisher to fill a temporary or permanent role with a Client.
“Client” means a hiring organization looking to recruit temporary or permanent executives to whom we provide our executive search service to.
“Client Contact” means an individual who is an employee and responsible owner of the Client.
“Employee” means an individual who holds a position (whether paid or unpaid) of employment at Carmichael Fisher
“Referee” means an individual who provides employment reference for a Candidate
“Source” means an individual who helps us identify and provide market intelligence about a potential Candidate.
“Vendor” means any entity other than Carmichael Fisher that provides products or executive search to Carmichael Fisher to a contract with Carmichael Fisher.
Information We Collect
Candidate Personal Data
Our main purpose for collecting personal data from you (Candidate) is to provide you with Executive search services to recruit you into an executive position specified by a Client.
We have set out a table at the Schedule below which sets out the information collected by us or from third parties.
Information You provide to us: You provide information to us when you speak with a Carmichael Fisher Employee, email your curriculum vitae/resume (CV), apply for an advertised role on LinkedIn or communicate with us in any way relating to the Executive search we provide.
You are not obligated to provide Carmichael Fisher with any personal information or participate in our executive search. Therefore, when we collect personal information directly from you, we consider this to be voluntary. If you are unwilling to provide us with certain requested information, please be aware this may limit our ability to consider you regarding the executive search service we provide.
The information we may collect from Candidates typically includes:
- Contact details such as your name, email address and phone number.
- Curriculum Vitae/Resume (CV) information such as your contact details, employment history (including job titles, salary and working hours), educational history, professional qualifications, languages, skill and personal activities.
- Identification data such as passport information to book your travel (when attending and interview with a Client) which includes your racial or ethnic origin and sex.
- Financial information such as bank account details to reimburse expenses incurred in relation to our Executive search (travel, accommodation and/or meal costs when attending an interview with a Client). We may collect financial information to document the expense and reimburse you.
- Other information such as immigration status, right to work documentation, and any other relevant information you may choose to share with us.
- A record of your marketing preference and our contact history with you is also recorded.
- Depending on the nature of the role, you may also provide us with information regarding your criminal record history.
Some of this information constitutes Sensitive or Special Category Data (for example, data related to health or disability (when you communicate such information to ensure that we and/or our clients are able to make reasonable adjustments for you in the event of a visit to any premises). Further information about how we process such data is set out in this Privacy Policy at the section below.
Information we collect from third party sources about Candidates: We may collect personal information about you from publicly available sources, and third parties, such as previous employers, your school, university or college, professional regulators or government bodies based on information that has been provided by the candidates themselves, including under the following condition: (i) Sources may disclose personal information about you; (ii) our Clients may share personal information about you; (iii) we may obtain information about you from publicly available third-party sources (e.g., LinkedIn, news reports, press releases); and (iv) we may source personal information about you from third party data providers (v) Referees may provide your information for reference checks. When we obtain information about you, from vendors or third-party providers, we ensure they are legally permitted or required to disclose such information to us. Further information is set out in the Schedule below.
Client and Client Contact Data
Our main purpose for collecting personal data from you (Client, Client Contact) is either with a view to entering into a contract with you or to fulfil our contractual obligation to you while we support you in recruiting executives via a retained search.
Information Clients provide to us: We require your contact details (such as name, telephone number, email address and job title) to ensure our relationship is efficiently managed. Collecting information about you is essential to our service and we may collect information when you contact us with a view of providing a service, email us with an interest to work with us, provide us with your business card or other information given to our employees at sales and marketing events, post information on websites or social media websites and sign a contractual agreement with us.
The information we may collect from Client contact typically includes:
- Contact details: such as your name, email address and phone number.
- Company information: such as postal address, details of your role, title and responsibilities within the company.
We also collect any feedback or opinion you share with us regarding a Candidate, queries you raise regarding our service and details of resourcing and recruitment requirements you share with us.
Information we collect from third party sources about Clients: We may seek more information about you or your colleagues by way of due diligence or other market intelligence including (i) from third-party market research and by analyzing online and offline media; (ii) from attendee lists at relevant events, networking and conferences; (iii) from other limited sources and third parties. This may include from professional social media sites where such information is in the public domain, from any professional marketing materials or other publications (including your company’s website) which have been issued and maintained by your company or from your company itself, where we have initially been dealing with another department or another group entity.
Referee
Information Referees provide to us:
We collect and use your contact (name, email address, telephone number) information to secure a reference for our Candidate. We may also collect certain professional details (job title, occupation) and your connection to the Candidate (such as your relationships to, experience with, and opinions about the relevant Candidate). Candidates tend to provide us with this information, but we may supplement it with information we collect about you from publicly available sources (see the section – Lawful Basis for processing your personal data, below) or by asking you directly.
Source
Information Sources’ provide to us:
We may collect and use your contact (name, email address, telephone number) information, professional details (job title, occupation, academic and professional qualifications, and employment history) and information about your connection to the Candidate (such as your relationships to, experience with, and opinions about the relevant Candidate). This information may be collected directly from you and/or publicly available sources.
Vendor
Information Vendors’ provide to us:
We may collect and use your contact (name, email address, telephone number) information to ensure our working relationship is efficiently managed. The contact details we collect of individuals in your organization is to enable communication, and any financial information we collect is, so we can pay for the executive search you provide (if this is part of the contractual agreement between us).
Lawful basis for processing your personal data
Legitimate Interests:
Our principal lawful basis for processing your personal data is that it is in our legitimate interests to do, to be able conduct our executive search operations.
Where this is the case, we have carried out a thorough Data Protection Impact Assessment (DPIA) to ensure that we have weighed your interests and any risk posed to you against our own interests; ensuring that they are proportionate and appropriate. We use the legitimate interests’ lawful basis for processing our data related to our core recruitment activities.
For example, when a Candidate has made their CV or details available to us for the express reason of potential employers being able to access this data, we consider that our legitimate interests as an Executive Search Agency and those of our Clients are likely to align with the interests of that Candidate. Clearly, it is in the interests of all parties to find the Candidate a suitable role, and as such, these interests do not outweigh the Candidate’s privacy rights.
In respect of a Candidate’s social media or LinkedIn account, we also agree with ICO Guidance, which states that when a Candidate has selected an “Available for Work” or “Please Notify Recruiters” option, the Candidate would expect those who view their profile to use their details for recruitment purposes. Again, our legitimate interests are likely to align with the interests of the Candidate in their search for a job.
If a Candidate has not selected the “Available for Work” option then we will never assume the Candidate expects to be contacted for work, and we therefore consider that the interests of such potential Candidates in maintaining control over their data overrides any of our legitimate interests as an Executive Search Agency (or those of our Clients). In this instance, we would always seek the individual’s consent and ensure that they confirm they are happy to collaborate with us before any information is taken from their profile.
In any case, any contact we make with Candidates via social media, this is always carried out in compliance with the GDPR and other legal requirements (such as the “PECR“) which govern how we can contact you by electronic means or by using new technologies.
Other Lawful Bases:
More generally, we demonstrate compliance with data protection laws by ensuring the right lawful basis is applied to our various processing activities depending on the personal data involved and the context in which it is processed. Our lawful basis for processing your personal data is applied as detailed below. In respect of our Candidates, and specific categories of information or data, further details are also set out in the Schedule attached to this Privacy Policy.
| Data Subject | Lawful basis for processing your information in accordance with Article 6 | Processing Activity |
| Candidate | Consent | Candidate Engagement Direct Marketing |
| Legitimate interest | Research project and Talent mapping | |
| Consent and Legal obligation | Booking international travel as required for a Client interview | |
| Client Contact | Consent | Direct Marketing |
| Contractual obligation | Retained executive search | |
| Legitimate interest | Business Development | |
| Legal obligation | Accounting | |
| Referee | Legitimate interest | Reference check |
| Source | Legitimate interest | Information gathering |
| Vendor | Legitimate interest and Contractual obligation | Assessment and one-off projects |
How we use your personal data
Candidate Personal Data
Executive Search: We use your data to provide our executive search service to our Clients. This includes conducting research projects to assess the market for suitable Candidates, engaging with Candidate to complete our manual screening process, interviewing over the phone or in person as part of our initial assessment against the Client brief, shortlisting Candidates as specified by our Client, supporting Clients with the final appointment process and maintaining contact with appointed Candidates.
Marketing Activities: We may use your data to send you direct marketing information which we have identified as beneficial to you based on your consent. If you object to receiving our marketing information, we ensure you can actively opt-out by explicitly providing you with our consent notice. In all cases, we ensure any marketing activities comply with regulations and other legal requirements which govern how we can contact you by electronic means or by using new technologies.
In respect of our Candidates, we have provided a table at the Schedule below which sets out how we use your information in order to provide you with the highest quality recruitment services.
Client and Client Contact Data
Executive Search: We use your data to provide our executive search service to you. This includes engaging with you to confirm our contractual obligation as identified in the retained executive search terms and conditions, contacting you to feedback on research projects via candidate reports, telephone calls and face to face meetings, shortlisting Candidates with you as specified in the brief you provide and supporting you with the final appointment process.
Business Development: We may use your data to send you direct marketing information for business development and with the view to perform a contract with you. If you object to receiving our business development information, we ensure you can actively opt-out by explicitly providing you with our consent notice.
Marketing Activities: We may use your data to send you direct marketing information which we have identified as beneficial to you based on your consent or in relation to services that you have requested from us. If you object to receiving our marketing information, we ensure you can actively opt-out by explicitly providing you with our consent notice. In all cases, we ensure any marketing activities comply with regulations and other legal requirements which govern how we can contact you by electronic means or by using new technologies.
Referee
In the Executive Search we use your data to complete reference checks for Client Candidates. This includes; contacting you to identify your working relationship with the Client Candidate and getting your written feedback about the Client Candidate.
Source
We use your personal data to contact you about potential Client Candidates and Client Contact that you may identify to us based on your current or past working relationship with the Client Contact or Client Candidate.
Vendor
We use your personal data to contact you about services you provide to us as per the contractual agreement we have in place with you.
Automated Decision-Making (Profiling)
We pride ourselves on our human approach and dedicated service that we provide for search that we undertake. As such, we do not carry out automated decision making or profiling activities in respect or our Candidates, Sources, Referees, Vendors or Clients. Indeed, in order to provide high-quality executive search services, we always ensure that any decisions made are subject to close human intervention by a dedicated search consultant.
How we share your information
We share your personal information solely for conducting our executive search. How we share your information is dependent on the processing activity involved and may entail any of the following:
Candidates, Clients, Referees, Sources and Vendors
- Your information may be shared with our Employees. Your information is kept on our secure network and CRM database, and accessible only to our employees.
- Your information may be shared with any competent law enforcement body, regulatory or government agency, court or other third party where we believe disclosure is necessary as a matter of applicable law or regulation to exercise, establish, or defend our legal rights.
Candidates
- Your information may be shared with Client Contacts who will need to process your information for the purposes we have described in this privacy policy.
- Your information may be shared with third party service providers (our Vendors) who perform functions on our behalf (including external consultants, business associates and professional advisers, such as lawyers, auditors, accountants, technical support providers, third-party travel agencies, outsourced IT and document storage providers).
Clients
- Your information may be shared with Candidates during our executive search activities. Unless otherwise informed and in such cases the Candidate will be provided with a Non-disclosure agreement.
Sources and Referees
- Sources and Referees, we keep your information confidential from Candidates but under limited circumstances, your information may be disclosed to them.
International Transfer
We transfer personal data for the below purpose(s): –
- Communicating with our colleagues, Clients, Vendors, Sources and Referees based in the US or otherwise outside of the EEA;
- We may also transfer your personal information to locations outside EEA, for example, for storage on servers based outside of the EEA, or to supply data to our professional advisors (such as international lawyers or accountants).
When we conduct international transfers of your personal data, if this is to a territory which is not recognized as offering adequate protection equivalent to that afforded to data subjects within the EEA (as decided by the European Commission), we always ensure that all appropriate safeguards are implemented as set out in regulations.
If you would like further information, please contact us.
We will not otherwise transfer your personal data outside of the EEA or to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.
Security Measures
We take your privacy seriously and take every reasonable measure and precaution to protect and secure your personal data. We work hard to protect you and your information from unauthorized access, alteration, disclosure or destruction and have several layers of security measures in place. We have implemented appropriate security, technical, physical and legal policies and procedures in place to protect confidentiality of the personal data collected and to prevent accidental loss. We will review and assess these security measures to ensure they are up to date with technological and legal developments. 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.
Further, where we transfer personal information, we use the following measures to safeguard your information – secure access to our network, secure access to our customer relationship management (CRM) database, secure email using Microsoft Office 365. These measures and mechanisms ensure that your personal data is always safe and secure. We also limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.
If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org.
Data Retention
We only ever retain personal information for as long as is necessary and we have strict review and retention policies in place to meet these obligations. We collect and retain your personal data during our active relationship with you (for the duration of the executive search, or pursuant to the intended conclusion of a contract, during the performance of any contract with you). When this relationship ends or when any contract with you is terminated, we may have to retain information to:
- Meet our legal obligations
- Meet our internal legitimate operations (including in the pursuit or defence of a legal claim) – We will retain your personal data securely for six years.
It may be that some personal data is retained as part of this information, but often this is purely incidental to documents which are generally required strictly for commercial, legal or fiscal purposes. Where possible, we will ensure that any personal data is anonomized where it is not strictly necessary.
Specifically, in respect of our Candidates, how long we keep your information will depend on whether your application is successful and whether you become employed by one of our Clients, the nature of the information concerned and the purposes for which it is processed. Generally, we will keep recruitment information about you (including interview notes) for 6 months after notice of an unsuccessful recruitment so that we are able to respect our equal opportunities obligations. Before we delete your personal data, we will check with you to see whether you still want us to keep your details on file should you wish to use our services for your future job hunt, unless you expressly tell us otherwise.
Where you have consented to us using your details for direct marketing, we will keep such data until you notify us otherwise and/or withdraw your consent. In this case, we always respect the rules surrounding electronic communications and the use of new technologies (such as information gathered by cookies) and security breaches pursuant to PECR. In this case, we will always ask you at the outset and will always provide you with the possibility to opt-in and opt-out.
Your Rights
Under legislation you have a number of important rights free of charge. In summary, those include rights to:
- fair processing of information and transparency over how we use your use personal information
- access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
- require us to correct any mistakes in your information which we hold
- require the erasure of personal information concerning you in certain situations
- receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
- object at any time to processing of personal information concerning you for direct marketing
- object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
- object in certain other situations to our continued processing of your personal information
- otherwise restrict our processing of your personal information in certain circumstances
If you would like to exercise any of those rights, please:
- email, call or write to us
- let us have enough information to identify you
- let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and
- let us know the information to which your request relates.
If you would like to unsubscribe from any emails you receive from us, you can also click on the ‘unsubscribe’ button at the bottom of the email. It may take up to 30 days for this to take place.
Special Category Data
Owing to our executive search activities, we sometimes need to process sensitive personal information (known as special category data) about you, to book travel when required to attend an interview. Where we collect such information, we will only request and process the minimum necessary for the specified purpose and identify a compliant lawful basis for doing so. Where we rely on your consent for processing special category data, we will obtain your explicit consent through a signature/explicit mechanism. You can modify or withdraw consent at any time, which we will act on immediately, unless there is a legitimate or legal reason for not doing so. In respect of our Candidates, further information about data collected about you is set out in the Schedule below.
Changes to the Privacy Policy
This Privacy Policy was last updated on January 10th 2020.
We may make amendments to this Privacy Policy at any time to reflect changes in our business activities that impact on the processing of personal data. The changes to the Privacy Policy will adhere to the regulations and relevant data protection laws to which we are subject. When changes are made, we will upload the updated version with the effective change date of the document. Where possible or appropriate, we will measure to keep you informed of the changes, but otherwise we suggest that you check the Privacy Policy on our website regularly to ensure that you are always aware of the most up to date version.
How to Complain
We hope that we can resolve any query or concern you raise about our use of your information.
The regulations also gives you right to lodge a complaint with a supervisory authority, in particular in the state where you work, normally live or where any alleged infringement of data protection laws occurred.
Schedule
ABOUT THE INFORMATION WE COLLECT AND HOLD REGARDING CANDIDATES
Part A
Up to and including the shortlisting stage
| The information we collect | How we collect the information | Why we collect the information | How we use and may share the information |
| Your name and contact details (i.e. address, home and cell phone numbers, email address) | From you | Consent: to carry out a fair recruitment process Consent: to progress your application, arrange interviews and inform you of the outcome at all stages |
To enable your dedicated recruitment consultant to contact you to progress your application, arrange interviews and inform you of the outcome To inform the relevant hiring manager at the client of your application |
| Details of your qualifications, experience, employment history (including job titles, salary, working hours) and interests | From you, in the completed application form and interview notes (if relevant) | Consent: to carry out a fair recruitment process Consent: to make an informed decision to shortlist for interview and (if relevant) to recruit |
To make an informed recruitment decision about whether your profile is suitable for our client’s needs The person making the shortlisting decision will receive pseudonymised or anonomized details only; if you are invited for interview, the interviewer will receive non-anonomized details |
| Your name, contact details and details of your qualifications, experience, employment history and interests | From you, in the completed application form and interview notes (if relevant) | Consent: to carry out a fair recruitment process Consent: if you are unsuccessful in your application, we will ask if wish for your details may be passed on to another one of our clients to see if they have any suitable vacancies |
To see whether any of our clients has any suitable vacancies |
| From you, in a completed anonomized equal opportunities monitoring form | Consent, but also to comply with our legal obligations and for reasons of substantial public interest (equality of opportunity or treatment) | To comply with our equal opportunities monitoring obligations and to follow our equality and other policies and ensure that our clients are able to do the same. For further information, see * below |
|
| Information regarding your criminal record | From you, in your completed application form | Consent, but also to comply with our legal obligations | To make an informed recruitment decision, and to allow our clients to do the same, if the type of role so requires. To carry out statutory checks Information shared with DBS and other regulatory authorities as required For further information, see * below |
| Details of your referees | From your completed application form | Consent: to carry out a fair recruitment process and ensure that your profile is a good match for our client needs Consent: in the regulated sector, to comply with our legal obligations to obtain regulatory references |
To carry out a fair recruitment process and ensure that your profile is a good match for our client needs. To comply with legal/regulatory obligations Information shared with relevant recruitment consultants, the client and the referee |
Part B
Before our Clients make a final decision to recruit
| The information we collect | How we collect the information | Why we collect the information | How we use and may share the information |
| Information about your previous academic and/or employment history, including details of any conduct, grievance or performance issues, appraisals, time and attendance, from references obtained about you from previous employers and/or education providers ☐ | From your referees (details of whom you will have provided) | Consent: to make an informed decision to recruit and to ensure that our client is able to do the same Consent: to allow our clients to maintain employment records and to comply with legal, regulatory and corporate governance obligations and good employment practice |
To obtain the relevant reference about you To comply with legal/regulatory obligations and our contractual obligations towards our clients. Information shared with relevant managers and HR personnel (including our recruitment consultants and individuals at our client) |
| Information regarding your academic and professional qualifications ☐ | From you, from your education provider, from the relevant professional body | Consent and also pursuant to our legitimate interest: to verify the qualifications information provided by you and to ensure that our clients are able to do the same. | To make an informed recruitment decision, and ensure that your profile suits our client needs |
| Information regarding your criminal record, in criminal records certificates (CRCs) and enhanced criminal records certificates (ECRCs) ☐ | From you and from the Disclosure and Barring Service (DBS) | To comply with our legal obligations and obligations towards our client. Legitimate interest: to verify the criminal records information provided by you |
To make an informed recruitment decision and allow our clients to do the same if the type of role so requires. To carry out statutory checks Information shared with DBS and other regulatory authorities as required For further information, see * below |
| Your nationality and immigration status and information from related documents, such as your passport or other identification and immigration information ☐ | From you | Consent: to verify your identity allowing our client to make an informed choice about their recruitment decision, and also to verify whether you have a valid licence (in the event this is a recruitment criterion from one of our clients). | To make an informed recruitment decision and enable our client to do the same |
| A copy of your driving licence ☐ | From you | Consent: to verify your identity allowing our client to make an informed choice about their recruitment decision, and also to verify whether you have a valid licence (in the event this is a recruitment criterion from one of our clients). | To make an informed recruitment decision and enable our client to do the same |
When you apply for a position or enter into an employment contract with our clients, you may be required to provide the categories of information marked ‘☐’. This helps our Clients to verify your right to work and check your suitability for the position or enables us to do so when the Client has specifically requested that we do this on their behalf.
* Further details on how we handle sensitive personal information are set out in our internal policies, copies of which are available by contacting: privacy@carmichaelfisher.com