Privacy Policy

Any material changes to the privacy policy (“Privacy Policy”) will be posted on this page.

This Privacy Policy is effective as of March 18, 2022.

This Privacy Policy applies to Youth & Companies, a French simplified joint-stock company doing business as Talentoday, and Talentoday Solutions, LLC, an Illinois limited liability company (“Talentoday” “us” “we” or “our”). Talentoday is committed to the protection of your personal information. This Privacy Policy is intended to provide you information regarding how we collect, use, share, and otherwise process information relating to individuals' personal information, and your rights and choices regarding our processing of your personal information. Please read this Privacy Policy before exploring any Talentoday website or application, providing any personal information to Talentoday, or purchasing any products or services. If you do not agree with our policies and practices, do not use the Talentoday application, website or our products or services. By accessing or using any Talentoday website or application, providing Talentoday personal information, or purchasing any of our products or services, you agree to this Privacy Policy.

This Privacy Policy may change from time to time (see Policy Updates). Your continued use of the Talentoday website, application, or our products or services after we make changes is deemed to be your acceptance of those changes so please check this Privacy Policy periodically for updates. This Privacy Policy shall also apply to Talentoday cellular and web applications ("Apps"). 

GENERAL PROVISIONS

CUSTOMER DATA

MEMBER DATA

PROSPECT DATA

RECIPIENTS OF THE DATE

SOCIAL MEDIA

PHONE APPLICATION (“App”) and TELEPHONE LOG INFORMATION

ANALYTICS

CHILDREN’S PRIVACY

NON-DISCRIMINATION

ADDITIONAL RIGHTS UNDER CALIFORNIA LAW        

RIGHTS MANAGEMENT

ADDITIONAL ARRANGEMENTS

SECURITY

CONTACT INFORMATION

DATA LOCALIZATION

COOKIES

POLICY UPDATES

FOR FURTHER INFORMATION

1.         GENERAL PROVISIONS

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, otherwise known as the General Data Protection Regulation (hereinafter referred to as GDPR) lays down the legal framework applicable to the processing of personal data.

The Brazilian General Data Protection Law (LGPD) 13.709 was unanimously approved on August 14, 2018 and became law in 2020. The LGPD applies to everyone processing personal data while supplying goods or services to Brazilian residents. Data holders (called data subjects under the GDPR) have nine rights, which are similar to those outlined by the Brazilian law’s EU counterpart. The LGPD is very similar to GDPR and provides for a strong privacy base in Brazil.

Effective January 1, 2020, the California Consumer Privacy Act (CCPA) introduced new data privacy rights for California residents forcing companies that conduct business in the state of California to implement structural changes to their privacy programs. Because of California’s importance to the U.S. and international economy, the CCPA is considered by some as a new national standard until a broad federal privacy law is enacted. The CCPA provides some privacy rights similar to GDPR while expanding certain key definitions and providing user’s the right to opt-out of the sale of their personal data.

While we have chosen to specifically identify and discuss GDPR, LGPD, and CCPA above, this does not change our stance toward other privacy laws in effect in the jurisdictions in which Talentoday operates.

Those regulations strengthen the rights and obligations of data controllers, processors, data subjects, and recipients of the data.

As part of its business activity, Talentoday processes personal data by collecting information concerning its Customers, Members, and Prospects.

For the correct understanding of this Privacy Policy, it is specified that:

• “Assessment” means Talentoday's MyPrint Assessment or equivalent version utilized by Customers and Members under this Privacy Policy.

• “Customers” can be described as any physical persons or legal entities who purchase Talentoday Assessment Packs, a license or subscription to Talentoday Manager, or Talentoday’s API access. Customers typically include those who wish to recruit staff and/or assess the skills of their Members, but also for employment professionals, who can be described as any physical persons or legal entities whose business activity is in the field of personnel recruitment, especially recruitment agencies, temporary employment agencies, companies in the temporary work sector, or consultancy firms for interim management or human resources.

• “Members” can be described as any physical person who registers on the Talentoday website or application, regardless whether such individual completes the Assessment.

• “Prospects” can be described as any potential customer of Talentoday whose contact details were received during events, from business cards, etc.

• "Talentoday Manager" means Talentoday's SaaS Platform, application, and relevant APIs or its equivalent during the term of this Agreement; and

In order to meet its business needs, Talentoday implements and processes personal data relating to its Customers, Members, and Prospects.

The purpose of this policy is to fulfil Talentoday's obligation to provide information and thus formalize the rights and obligations of its Customers, Members, and Prospects with regard to the processing of their personal data.

The processing of personal data may be handled directly by Talentoday or through a processor that Talentoday specifically designates.

Talentoday will comply with the Standard Contractual Clauses (“SCC”) as set forth by the provisions of GDPR regarding the collection, use, and retention of personal information from European Union, Switzerland, and the United Kingdom to the United States. If there is any conflict between the terms of this privacy policy and the SCC, SCC shall govern.

This policy is independent of any other document that may apply within the contractual relationship between Talentoday and its Customers, Members, and Prospects, including its Terms of Use, General Terms and Conditions, or its Cookies Policy.

2.        CUSTOMER DATA

        2.1  TYPES OF DATA COLLECTED

2.2.        SOURCE OF DATA

Talentoday collects data from its Customers through:

• Data provided by the Customer (paper forms, purchase orders, business cards, etc.)
• Electronic forms filled out by Customers
• Data entered online (website, social networks, etc.)
•         Registration for events organized by Talentoday (e.g. organization of trade shows). We may also rent or purchase databases.

Collection may also be indirect via specialized companies or via Talentoday's partners and suppliers.

2.3        PURPOSES

As appropriate, Talentoday processes the data of its Customers for the following purposes:

• Customer Relationship Management (CRM)
• Managing events organized or attended by Talentoday (conferences, breakfasts, etc.)
• Sending our newsletters or news feeds
• Managing customer accounts
• Answering questions put to us (by phone or online)
• Improving our services
• Fulfilling our administrative obligations
• Managing communities
• Conducting surveys
• Compiling statistics
• Contacting Members or other recruiters through the application
• Proposing qualified Members based on the job offers created by the recruiters

2.4        DURATION OF STORAGE

The duration their Customers' data is stored is defined by Talentoday in view of its legal and contractual constraints and failing this, according to its business needs, and in particular according to the following principles:

After the set storage periods, the data is either erased or preserved after being anonymized, especially for statistical purposes. It also may be preserved in cases of pre-litigation or litigation.

Customers and contacts are reminded that erasure and anonymization are irreversible operations and that Talentoday is no longer able to restore such data afterwards.

2.5        LEGAL BASIS

The data processing purposes listed have the following legal basis:

3.        MEMBER DATA

3.1        TYPES OF DATA COLLECTED

Talentoday does not deal with sensitive data within the meaning of Article 9 of the GDPR, except those included in Article 9.2 (f), i.e. the data necessary "for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity".

3.2        SOURCE OF DATA

Talentoday collects data from its Members through:

• Information collected through the Customers
• Electronic forms filled out by Members
• Registration or subscription to our online services (newsletter, social networks, etc.)

3.3        TALENTODAY PURPOSES

As appropriate, Talentoday processes the data of its Members for the following purposes:

• Managing the sending of invitations to Members for registration on the website
• Managing the registration process for a Member
• Managing Customer accounts
• Sending summaries and reports of the Assessment to the Members
• Sending our newsletters or news feeds
• Answering questions put to us (by phone or online)
• Improving our services
• Fulfilling our administrative obligations
• Managing communities
• Conducting surveys
• Compiling statistics
• Contacting other Members or recruiters through the application
• Proposing qualified job offers based on the profiles of the Members.

        3.4        USE OF INFORMATION GATHERED THROUGH BUSINESS SOLUTIONS :

Customers, including but not limited to recruiters, headhunters, individual counselors, and/or coaches, may enter certain information about Members when using Talentoday’s business solution, Talentoday Manager. For example, a Customer’s recruiter who has requested access to the personal profile of a Member who applied as a candidate for a job opening will have the Member’s profile in their Talentoday account. The recruiter will then be able to add comments about the Member’s profile that may then be shared with the recruiter’s colleagues or managers. This information is only available to and shared with the Customer’s employees who have access to Customer’s Talentoday Manager enterprise account. Customers using Talentoday Manager may also add other information to their account, such as labels created to categorize their candidate pool, or include the Member’s Assessment results when using the Talentoday Manager analysis tools.

3.5        DURATION OF STORAGE

The duration Members' data is stored is defined by Talentoday in view of its legal and contractual constraints and failing this, according to its business needs, and in particular according to the following principles:

After the set storage periods, the data is either erased or preserved after being anonymized, especially for statistical purposes. It also may be preserved in cases of pre-litigation or litigation.

Members are reminded that erasure and anonymization are irreversible operations and that Talentoday is no longer able to restore such data afterwards.

3.6        LEGAL BASIS

The data processing purposes listed have the following legal basis:

4.        PROSPECT DATA

4.1        TYPES OF DATA COLLECTED

Talentoday does not deal with sensitive data within the meaning of Article 9 of the GDPR, except those included in Article 9.2 (f), i.e. the data necessary "for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity".

4.2        SOURCE OF DATA

Talentoday collects data from its Prospects through:

• Business cards
• Registration or subscription to our online services (website, social networks, etc.)
• Registration for events organized or attended by Talentoday
•         Lists sent by the organizers of events or conferences in which we participate. Exceptionally, we may rent databases.

Collection may also be indirect via specialized companies or via Talentoday's partners and suppliers. In this case, Talentoday takes the greatest care to ensure the quality of the data it is provided with.

4.3        PURPOSES

As appropriate, Talentoday processes the data of its Prospects for the following purposes:

• Prospect Relationship Management (PRM)
• Managing events organized by Talentoday (conferences, breakfasts, etc.)
• Sending our newsletters or news feeds
• Answering questions put to us (by phone or online)
• Managing communities
• Compiling statistics
• Conducting surveys.

4.4.        DURATION OF STORAGE

The duration Prospects' data is stored is defined by Talentoday in view of its legal and contractual constraints and failing this, according to its business needs, and in particular according to the following principles:

After the set storage periods, the data is either erased or preserved after being anonymized, especially for statistical purposes. It also may be preserved in cases of pre-litigation or litigation.

Prospects are reminded that erasure and anonymization are irreversible operations and that Talentoday is no longer able to restore such data afterwards.

4.5        LEGAL BASIS

The data processing purposes listed have the following legal basis:

5.        RECIPIENTS OF THE DATA

Talentoday ensures that the data is accessible only to authorized internal or external recipients.

The recipients of Customers', Members', and Prospects' personal data within Talentoday are subject to a non- disclosure obligation.

Talentoday decides which recipient will be able to access which data according to an authorization policy.

Talentoday will not be held liable in any way for damages of any kind that may result from unlawful access to personal data.

All access relating to the processing of personal data of Customers, Members, and Prospects is subject to traceability analysis.

Furthermore, personal data may be transferred to any authority legally entitled to have access to it. In this case, Talentoday is not responsible for the conditions under which the personnel of these authorities have access to and use the data.

5.1        CONCERNING CUSTOMERS

5.2        CONCERNING MEMBERS

5.3        CONCERNING PROSPECTS

6.        SOCIAL MEDIA

Our website and application may use social media features, such as the Facebook “like” button, the “Tweet” button and other sharing tabs and links (“Social Media Features”). You may be given the option by such Social Media Features to post information about your activities on a website to a profile page of yours that is provided by a third party social media network in order to share with others within your network. Social Media Features are either hosted by the respective social media network or hosted directly on our website or application.

To the extent the Social Media Features are hosted by the respective social media networks, they may receive information that you have visited our website from your IP address. If you are logged into your social media account, it is possible that the respective social media network can link your visit of our website or application with your social media profile.

Your interactions with Social Media Features are governed by the privacy policies of the companies providing the relevant Social Media Features.

7.  PHONE APPLICATION (“App”) and TELEPHONE LOG INFORMATION

If you use certain service features, we may also collect telephony log information (like phone numbers, time and date of calls, duration of calls, SMS routing information, and types of calls), device event information (such as crashes, system activity, hardware settings, browser language), and location information (through IP address, GPS, and other sensors that may, for example, provide us with information on nearby devices, Wi-Fi access points and cell towers).

8.        ANALYTICS

We may use third-party service providers to monitor and analyze the use of our Services.

“Google Analytics”

We use a tool called “Google Analytics” and may use other third party analytic tools to collect information about use of Talentoday websites. Google Analytics collects information such as how often users visit Talentoday websites and what pages they visit when they do so. We use the information we get from Google Analytics only to improve Talentoday. Google Analytics does not collect your name or other identifying information. Although Google Analytics plants a permanent cookie on your device to identify you as a unique user the next time you visit Talentoday sites, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your usage of Talentoday websites is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

9.        CHILDREN’S PRIVACY

Our websites and services are not intended for children under 16 years of age. No one under age 16 may provide any information to or through our services. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information to our websites or services or on or through any of their features, do not register to become a member of our website or service, use any of the interactive features of our website or services, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us via email address privacy@talentoday.com  or write to us at:  Talentoday, 60 rue François 1er, 75008 Paris, France.

10.   NON-DISCRIMINATION

We will not discriminate against you for exercising any of your CCPA, GDPR, LGPD or any other applicable international, federal, or state data privacy protection rights.

11.  ADDITIONAL RIGHTS UNDER CALIFORNIA LAW

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@talentoday.com.

12.   RIGHTS MANAGEMENT

12.1        RIGHT OF ACCESS (RIGHT TO COPIES)

Customers, Members, and Prospects historically have a right to ask Talentoday for confirmation whether their data is being processed.

Customers, Members, and Prospects also have a right of access, subject to compliance with the following rules:

• The request must come from the person themselves and must be accompanied by a copy of an up-to- date identity document

• The request must be made in writing to the following address: Talentoday, 60 rue François 1er, 75008 Paris, France or to the e-mail address privacy@talentoday.com.

Customers, Members, and Prospects have the right to request a copy of personal data concerning them that is processed by Talentoday. However, in the event of a request for additional copies, Talentoday may require payment of any pertaining costs by the Customers, Members, or Prospects.

If a Customer, Member, or Prospect submits their request for a copy of the data electronically, the requested information will be provided in a commonly used electronic form, unless requested otherwise.

Customers, Members, and Prospects are informed that this right of access does not concern confidential information or data or of which the law does not authorize the transfer.

This right of access must not be exercised in an abusive manner, that is to say carried out regularly for the sole purpose of disrupting Talentoday.

12.2        MODIFICATION - UPDATES AND CORRECTIONS

Talentoday will update personal data:

• Automatically, for online changes to fields that technically or legally can be updated

• Upon written request of the person themselves, who must prove their identity.

12.3        RIGHT TO ERASURE

Customers', Members', and Prospects' right to the erasure of their personal data will not be applicable in cases where the data is being processed to meet a legal obligation.

Outside of a situation such as this, Customers, Members, and Prospects may request the erasure of their data in the following cases only:

• If the personal data is no longer necessary for the purposes for which it was collected or otherwise processed

• If the data subject withdraws the consent on which the processing is based and there is no other legal basis for the processing

• If the data subject objects to processing that is necessary for the legitimate interests pursued by Talentoday and that there is no compelling legitimate reason for the processing

• If the data subject objects to the processing of their personal data for purposes of prospecting, including profiling

• If the personal data has been subject to unlawful processing.

In accordance with privacy legislation, Customers, Members, and Prospects are informed that this is an individual right which can only be exercised by the data subject with regard to their own information: for reasons of security, the department or service in question will have to verify your identity in order to avoid any transfer of confidential information concerning you to any person other than you.

12.4        RIGHT TO RESTRICTION

Customers, Members, and Prospects are informed that this right does not apply insofar as the processing operated by Talentoday is lawful and all personal data collected is necessary for the execution of the commercial contract.

12.5        RIGHT TO PORTABILITY

Talentoday enables the portability of data in the specific case of data provided by the Customers, Members, or Prospects themselves, through the online services offered by Talentoday and solely for purposes requiring the consent of the individuals. In this case, the data will be transmitted in a structured, commonly used and machine-readable format.

12.6         AUTOMATED INDIVIDUAL DECISION- MAKING

Talentoday does not use automated individual decision-making processes.

As part of an algorithm in operation on its site, Talentoday offers a decision support tool to best target the most relevant applications.

However, any decision to hire or any in-house promotion is the sole responsibility of the Customer.

The tools proposed on Talentoday's website and application are only help tools intended for Customers and may only be considered as such.

12.7  POST- MORTEM DATA PRIVACY

Customers, Members, and Prospects are informed that they have the right to provide guidelines regarding the storage, deletion, and transmission of their personal data post mortem. Specific post-mortem directives can be sent and such rights can be exercised by e-mail at the address privacy@talentoday.com or by the postal service to the following address Talentoday, 60 rue François 1er, 75008 Paris, France accompanied by a copy of a signed identity document.

13.        ADDITIONAL ARRANGEMENTS

13.1        OPTIONAL OR COMPULSORY RESPONSES

Customers, Members, and Prospects are informed, on each form that collects personal data, of the compulsory or optional nature of the responses by way of an asterisk.

In cases where responses are compulsory, Talentoday explains to Customers, Members, and Prospects the consequences of not responding.

13.2        RIGHT OF USE

Customers, Members, and Prospects grant Talentoday the right to use and process their personal data for the purposes set out above.

However, enhanced data that is the result of processing and analysis work done by Talentoday, otherwise known as "enriched data," remains the exclusive property of Talentoday (usage analysis, statistics, etc.).

13.3        EXTERNAL DATA PROCESSING

Talentoday informs its Customers, Members, and Prospects that it may involve an external data processor of its choice in the processing of personal data.

In this case, Talentoday will ensure the compliance of the external data processor with its obligations under the GDPR.

Talentoday undertakes to sign a written contract with all its external data processors and imposes on them the same data privacy obligations as it is subject to itself. In addition, Talentoday reserves the right to audit its external data processors to ensure their compliance with the provisions of the GDPR.

13.4        REGISTER OF PROCESSING OPERATIONS

Talentoday implements a register of the processing operations.

14.        SECURITY

14.1        SECURITY MEASURES

It is Talentoday's responsibility to define and implement the physical or logical technical security measures it considers appropriate to protect against the accidental or illegal destruction, loss, alteration or unauthorized disclosure of data.

These measures primarily include:

• Authorization management for data access
• Internal backup strategies
• Identification procedures
• Conducting security audits and penetration testing

To this end, Talentoday may be assisted by any third party of its choice to conduct vulnerability audits or intrusion tests as often as it deems necessary.

In any event, Talentoday undertakes, should it change the means it employs to ensure the security and confidentiality of personal data, to replace them by means of superior performance. No regression of the level of security is permitted no matter what development is undertaken.

In the case of subcontracting all or part of the processing of personal data, Talentoday undertakes to contractually impose security guarantees on its external data processors using technical measures to protect such data and the appropriate human resources.

14.2        DATA BREACH

In the event of breach of personal data, Talentoday undertakes to notify the French National Commission for Data Protection and Liberties (CNIL) under the conditions set out by the GDPR.

If the breach poses a high risk to Customers or contacts and the data was not protected, Talentoday will:

• Notify the relevant Customers and Members

• Provide the relevant Customers and Members with the necessary information and recommendations.

15.        CONTACT INFORMATION

15.1        DATA  PROTECTION OFFICER

Talentoday has designated a data protection officer. Their contact details are as follows:

            Name: John McGuire

            Email Address: john.mcguire@talentoday.com

              Tel: +33 1 40 26 50 39

15.2        RIGHT TO LODGE A COMPLAINT WITH THE CNIL  

Customers and Members whose personal data is processed by Talentoday are informed of their right to lodge a complaint with a supervisory authority, namely the National Commission for Data Protection and Liberties (CNIL) in France, if they consider that the processing of their personal data is not in conformity with the European Data Protection Regulation, at the following address:

CNIL - Service des plaintest (complaints service)

3 Place Fontenoy, TSA 80715, 75334 PARIS CEDEX 07, France

Tel.: +33 1 53 73 22 22

16.        DATA LOCALIZATION

The data stored by Talentoday are hosted with Amazon Web Services within its eu-central-1 region (Germany) and Microsoft Azure within its “West Europe” region.

17.        COOKIES

During a visit to the Website or Application, cookies may be installed on a visitor's terminal.

Information relating to the Website's use, management and deletion of cookies by any visitor, including Customers, Members, and Prospects, is detailed in the "Cookies Statement" available on the Website's page: https://help.talentoday.com/support/privacy/cookie.

18.        POLICY UPDATES

This policy may be modified or adapted at any time in the event of legal developments, changes in jurisprudence, decisions or recommendations made by the French National Commission for Data Protection and Liberties (CNIL) or common practices.

We will also update this Privacy Policy from time to time to reflect changes in our practices, technology, and/or products or services we offer. If we do, we will update the “effective date” at the top of this Privacy Policy. If we make a significant update, we may provide you with notice prior to the update taking effect, such as by posting a conspicuous notice on our website or by contacting you using the email address you provided.

We encourage you to periodically review this Privacy Policy to stay informed about our collection, processing and sharing of your personal information.

19.        FOR FURTHER INFORMATION

For further information, please contact our data protection officer at the following email address: privacy@talentoday.com.

For more general information on data privacy, please consult the website of the French National Commission for Data Protection and Liberties (CNIL) www.cnil.fr/en.