LUNKER PTY LTD
LUNKER PTY LTD
GLOBAL
PRIVACY
POLICY (the “Policy”)
This Policy describes how Lunker and its affiliates and subsidiaries (collectively “ LUNKER ,” “ we ,” “ our ,” or “ us ”) collect, use, transfer, and disclose your information. A list of our affiliates and subsidiaries is available from our Privacy Office as described below,
“ Personal Information ” is informatio n that identifies you as an individual or relates to an identifiable individual. This Policy describes our practices of processing Personal Information that we collect and use in connection with:
• Websites operated by us from which you are accessing this Policy (the “ Site ”);
• Software platforms and applications we make available for use on o r through computers or mobile devices (the “ Applications ”);
• Our social media pages from which you are accessing this Pol icy (collectively, our “ Social Media Pages ”);
• HTML-formatted email messages we send to you tha t link to this Policy;
• Communications, including via emails, SMS and/or text messages we send to yo u manually and from software that may qualify as autodialers (“ Texts ”); and
• Offline business interactions you have with us, including in person discussio ns, telephone conversations, and non-electronic communications.
Collectively, we refer to the services provided through the Site, Applications, Social Media Pages, email messages, and offline business interactions
as the “ Services .” Note, references in this Policy to “inc lude” or "including" mean "including without limitation."
WHO WE ARE & WHAT WE DO
Lunker is a global organizational consulting firm. We help comp anies design their organization – the structure, the roles and responsibilities, as well as how they compensate, develop and motivate their people. We also help organizations sel ect and hire the talent they need to execute their strategy.
Lunker provides a wide range of organizational consulting services to help companies s tructure their organization, and some of these Services involve the collection and use of your Personal Information. For certain Services, Lunker , including its subsidiaries as listed here: https://cdn. Lunker .com/privacy/ControllerEntities.pdf , is the company responsible (or the ‘controller’) for t he collection and use of your Personal Information. These Services are descri bed in this Policy. For other services, Lunker collects and uses your Personal Information as a service provider (or ‘processor’) on behalf of and under instructions from our clients. If you have any questions about the collection and use of y our Personal Information in the context of those services, please contact the company that is responsible for the collection and use of your Personal Information (e.g., the company where you applied for a position ).
The Services for which Lunker coll ects and uses your Personal Information as a controller (and which are covered by this Policy) are:
• Search Services. We maintain a talent pool t o help clients find talent at the board-level, chief executive, and other senior executive positions. We also offer search Services for clients to find talent for middle to uppe r-level management or temporary staff.
• Compensation and Benefit Analysis Products. We provide software products and consulting Services that our clients can use to conduct compensation and benefit analysis; job architecture and organizational structuring; and mapping t o Lunker ’s proprietary job profiles.
• Credential Network. We pa rticipate in a Credential Network: a distributed ledger network that enables trusted, private, and secured exchange of career credentials between individuals and organizations. We may issue you credentials, verify your credentials exc hanged
on the Credential Network, or receive credentials you disclose to us.
• Learning Services and Development Products. We provide a business-to-consumer version of a software product, called KF Advance, that users can use for coaching and job-hunting preparation. In addition, we may off er e-learning and training services for individuals from time - to - time .
• Our Site. We disclose research , whitepapers, and service information on the Site; provide access to KF Store to purchase books and products; and share issues of the B riefings Magazine.
For additional controller activities, see the Processing of Personal Information section below.
The services for which Lunker collects and use s your Personal Information as a processor are:
• Recruitment Process Outsourcing (RPO) Services. We provide recruitment process outsourcing and/or project recruitment servic es to help our clients attract top people. This involves Lunker recruiting individuals on the client’s behalf.
• Consulting Services. We help our clients implement their business strategy by consulting with them on st rategy execution and
organization design, talent strategy and work design, rewards and benefits, assessment and succession, leadership development, and other talent needs.
• Assessment and Survey Services. We help clients in their roles as the data controllers, conduct employee and candidate assessments and surveys.
• Software Products (other than Compensation and Benefit Analysis Products). In addition to the Compensation and Benefit Analy sis products mentioned above, we provide other software products that our clients can use, for example, to conduct assessmen ts, surveys, or career coaching. When we collect and use your Personal Information in relation to these software products other than the
Compensation and Benefit Analysis products, we do so as a processor for our clients.
COLLECTION AND PROCESSING OF PERSONAL INFORMATION
HOW WE COLLECT PERSONAL INFORMATION
We collect Personal Information in a variety of ways, including through our Services and from other sources, as set out in the grid below. If you do not provide the information requested, we may not be able to provide the Services. We will note which Personal Information is required to provide the Services at the time of its collection.
If you disclose any Personal Information relating to other people to us, you represent that you have the authority to do so and to permit us to use
the information in accordance with this Policy.
PROCESSING OF PERSONAL INFORMATION
Lunker collects Personal Information to provide Services to you, our clients, and to operate our business. The type of Personal Information we collect about you depends on the situation at hand. Please do not provide us with any Personal Information if you do not agree with this
Policy .
We use your Personal Information for legitimate business purposes as described in the overview below.
Providing our products and Services
|
Purpose |
Examples of Processing Activities |
Personal Information Categories |
Legal Basis |
Third Party Sources |
Who Has Access to Your Personal Information |
|
Providing our Search Services |
Searching for talent at the board- level, chief executive, other sen ior executive positions, middle to upper level management, or other temporary staff; identifying professional opportuni ties that we think may be of interest to you; contacting you from tim e to time regarding potential opportunitie s; contacting you from time to time for referrals; soliciting names of, or additional Personal Information regarding, potential candidates in connection with our Search Services to understand the market; confirming references and conducting educatio n and background checks as appropriate; and aggregat ing and disclosing diversit y and other statistical information regard ing our candidates and placement activities. To contact you about roles relevant to you, we may compare your skills and qualificatio ns against successful candi dates in similar roles. We may contact you for these purposes by Texts, where you have opted-in or where you have initiated contact wi th one of our recruiters via text messag e. You may opt out of Texts at any time by replying STOP to a message or by contacting us as set o ut below. |
Name & Contact Details; Business Contact Details; User Photog raphs and Videos; Professional Information; Candidate Introducti on Information; and, to the extent permitted by applicable law, Background Information. |
Performance of the contract, for example, the user agreement we enter into when you create a Lunker candidate account.
Legitimate interest, for example, to approach you regarding potential opportunities. |
Third parties who introduce candidates (e.g., headhunters who contact Korn Ferry) References (individuals who can attest to candidates ’ skills, experience, and personality put forward by the candidate) Networking activities Public databases Joint marketing partners Licensed databases Social media platforms Background check providers |
Your prospective or current employer (for internal candidates or if you include your current employer as a reference) Reference sources Third party service providers and/or sub-processors involved in delivering the Search Services As detailed in the Disclosure of Personal Information section |
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Purpose |
Examples of Processing Activities |
Personal Information Categories |
Legal Basis |
Third Party Sources |
Who Has Access to Your Personal Information |
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Providing our Compensation and Benefit Analysis Products |
Conducting surveys and compensation and benefits analysis (where permitted by law); consulting with you or our c lients on rewards and benefits; preparing thought leadership materials; research, publication, development, benchmarking and norms, validation, longitudinal studies, trend analysis, to improve and enhance our Services or to develop and market new Services. |
Name &
Contact
Details;
Preferences; Account Information; Marketing Data; and Professional Information. |
Performance of the contract, including the User Agreement we enter into when you create a Lunker account. Consent, for example, to share the outcome of your compensation a nd benefit analysis with a potential employer. Legitimate interests, such as to prepare thought leadership materials. Any publish ed product will refer only to larger aggregations of individuals and will not identify you persona lly or include any results attributable to you. |
Clients to whom we provide Services Third parties who participate in an survey or compensation advisory engagement. |
Clients to whom we provide Services
As detailed in the Disclosure of Personal Information section |
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Participating in the Credential Network |
Lunker participates in a private and encrypted distributed ledger network that enables trusted, private, and secured exchange of career cre dentials between individuals. Lunker may issue digital credentials to you once you have completed a training course; verify credentia ls exchanged on the Credential Network (including credentials issued between other organizations on the Crede ntial Network); receive credentials you disclose to Lunker and o ther organizations; create a credential for you at your request; use credentials you disclose to Lunker as part of a recruit ment activity. |
Name & Contact Details; Digital Career Credentials; Course(s) Completed; Course Gra de/Score. |
Consent. |
N/A |
Any organization with whom you choose to share your credentials. As detailed in the Disclosure of Personal Information section |
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Purpose |
Examples of Processing Activities |
Personal Information Categories |
Legal Basis |
Third Party Sources |
Who Has Access to Your Personal Information |
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Customer service |
Administering customer - care services to facilit ate and address inquiries, requests, comments and complaints about any of our Services (such as in pe rson, through phone lines, Texts, email, or on Social Media Pages), for example, to send you doc uments or product information you request or assist you in using the Services. |
Name & Contact Details; Business Contact Detail s; Account Information; Bi lling Information; Relationship History; Transaction Informati on; Device Information; Telephone C all Recordings; and Preference s. |
Performance of the user agreement we enter into with you to provide the Services . Legitimate interests, such as responding to inquiries or complaints. Legal obligations 1 , such as when you submit a request to access your Personal Information. |
N/A |
As detailed in the Disclosure of Personal Information section |
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Communicating important changes / Service messages |
Send you important information regarding our relati onship with you, our Services, any changes to our terms, conditions, policies and procedures, and/or ot her administrative informat ion via email, Texts, Social Media Pages, or other communication Applications . |
Name & Contact Details; Business Contact Details (e.g., telephone number and ema il address); Account Information; Preferences; Relations hip History; Transaction Informati on; Device Information; and Social Media Information. |
Legitimate interests, such as to ensure our Services are used in accordance with our terms, conditions, a nd policies. Performance of contract, where provided in our user agreement. Legal obligations 2 , such as to inform you of material changes to our user agreement to comply with applicable consumer and/or data protection laws. |
N/A |
As detailed in the Disclosure of Personal Information section |
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Purpose |
Examples of Processing Activities |
Personal Information Categories |
Legal Basis |
Third Party Sources |
Who Has Access to Your Personal Information |
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Operations and general business |
Administering online Services (including troubleshoo ting and diagnostic testing, condu cting performance analyses of our systems and Service s, testing new system features to evaluate their impact, system and log maintenance, technical support, system debugging, an d the hosting of data); employee training and managing work activities and personnel gene rally; and facilitating me rgers, acquisitions and oth er reorganizations and restructurings of our business (including
prospective transactions
).
3
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Personal
Information as
relevant
for the specific business operation. |
Legitimate interests, such as responding to customer complaints and concerns. Legal obligations 4 , for example, relating to financial transactions, such as the obligation to maintain books and records. |
Third party organizations, when they share personal information with us to, for example, facilitate mergers, acquisitions and other reorganization and restructurings of our business. |
As detailed in the Disclosure of Personal Information section |
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Candidate introductions by third parties |
Receiving information from a third party (such as headhunters, acquaintances, friends) about suitable candidates for a position in connection with our Recruitment Services. |
Candidate Introduction In formation, Name & Contact Details; Business Contact Details; Professional Information; and Resumes. |
Legitimate interest. Individuals who introduce candidates warrant they have the authority to share candidate personal information with Lunker . |
Third parties who introduce candidates. |
Your prospective or current employer. Reference sources. Third party service providers and/or sub-processors involved in delivering the Search Services.
As detailed in the Disclosure of Personal Information section |
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Purpose |
Examples of Processing Activities |
Personal Information Categories |
Legal Basis |
Third Party Sources |
Who Has Access to Your Personal Information |
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KF Advance Mobile Application TrueDepth camera system |
The Lunker Advance mobile app is capable of receiving information from iPhone’s TrueDepth camera system (if available on the device, and if you enable this feature) . This information helps users practice interviewing by recor ding and counting the users’ blinks and smiles. Feedback on blinking and smiling from a practice session helps users communicate more effectively during an actual interview. The TrueD epth camera recording, and info rmation about the blinks and smiles during the recorded session, is uploade d and stored on the servers used to operate the app; except as otherwise specified in this Policy, such data will neither be disclosed by us to third parties, unless the user elects to share the data with their coach, nor used by us for any purposes other than the app’s functionality. |
Video recordings, inc luding insights and metrics derived from the recordings. |
Consent |
Third Party mobile operating system (e.g., Apple) |
Third party service providers and/or sub-processors involved in delivering the Search Services (e.g., Apple). As detailed in the Disclosure of Personal Information section |
Events and visitors
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Purpose |
Examples of Processing Activities |
Personal Information Categories |
Legal Basis |
Third Party Sources |
Who Has Access to Your Personal Information |
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Visits, conferences, and other online or in- person events |
Facilitate and participate in conferences and events , such as trade shows or bookings at our premises (including renta ls), and welcome guests and visitors to our premises. |
Name & Contact Details; Business Contact Details; Account Information; Billing Information; Relationship History; Transaction Information; Prefere nces; Visitor and Event Information; Market ing Data; and Event Photographs and Videos. |
Performance of a contract with you, such as collecting information regardin g a planned event in which you participate. Legitimate interests, such as responding to customer complaints or concerns relating to an event. |
Event management service providers. |
As detailed in the Disclosure of Personal Information section |
Marketing and engagement
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Purpose |
Examples of Processing Activities |
Personal Information Categories |
Legal Basis |
Third Party Sources |
Who Has Access to Your Personal Information |
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Marketing |
Send you promotional information about our Services, products, articles, whitepapers, newslet ters, conduct surveys, promot ions, offers and other news about Lunker . These materials may be sent by Texts, where you have opted-in. You may opt out of Texts at a ny time by replying STOP to a message or by contacting us as set out below. |
Name & Contact Details; Business Contact Details; Account Information; Relationship History; Transaction Information; Preferences; Marketing Data; Event Photographs and Videos; User Content; Device Information; and Social Media Information. |
Legitimate interests, such as to promote our Services and products. Consent, for example, where we would like to send you direct Texts and email marketing communications, but do not have an existing relationship with you, we will ask for and rely on your prior opt-in consent. Please note that if we obtained your Personal Information because you are using our Services at the request of your employer, you will not receive marketing materials as a result of the Personal Information we obtained from the Services. |
Publicly available databases. Marketing / advertising service providers. Data broker service providers. |
As detailed in the Disclosure of Personal Information section |
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Relationship building and engagement |
Facilitate and respon d to any product reviews, social sharing, and posts on our Services. |
Name & Contact Details; Business Contact Details; Account Information; Marketing Data; Social Media Information; and User Content. |
Legitimate interests, such as engaging with individuals who post on our Social Media Pages. |
Marketing / advertising service providers. Data broker service providers. |
As detailed in the Disclosure of Personal Information section |
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Personalization and impro ving our products and/or Services
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Purpose |
Examples of Processing Activities |
Personal Information Categories |
Legal Basis |
Third Party Sources |
Who Has Access to Your Personal Information |
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Personalizing our Services |
Personalize our interactions with you and provide you w ith information tailored to your interests, such as a tailored learning journey on our online Services as well as ou r website; deliver content via our Serv ices that we believe will be relevant and interesting to you. We may recommend your learning journey and development activities based on your assessment results. |
Name & Contact Details; Business Contact Details; Account Information; Marketing Data; Social Media Information; Relationship History; Transaction Information; Device I nformation; and Preferences. |
Consent, for example, where we would like to send you trainings tailored to your spec ific interests and/or behavior, and such tailoring of trainings may result in profiling. Legitimate interests, such as providing tailored Services based on past usage and/or preferences, and such tailoring would be based on basic and privacy-non-intrusive segmentation. |
Publicly available databases. Marketing / advertising service providers. Data broker service providers. |
As detailed in the Disclosure of Personal Information section |
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Improving and developing new products and Services |
Conduct data analysis, for example, monitoring and analyzing usage of Services and using data analytics to improve the efficiency of our Service s; develop new products and Services; consider ways for enhancing, improving, repairin g, maintaining or modifying our current products and Services; identify usage trends, for example, understanding which parts of our Services are of most interest to users; determine the e ffectiveness of our promotional campaigns, so that we can adapt our c ampaigns to the needs and interests of our users; and operate and expand our business activities, for example, understandin g which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests. |
Name & Contact Details; Business Contact Details; Account Information; Relationship History; Transaction Information; Preferences; User Conte nt; Device Information; Telep hone Call Recordings; and Socia l Media Information. |
Legitimate interests, such as developing new Services and/or products. Consent, such as when we use cookies and similar technologies and the data collected by means of such technologies qualify as Personal Information. |
Publicly available databases. Marketing / advertising service providers. Data broker service providers. |
As detailed in the Disclosure of Personal Information section |
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Purpose |
Examples of Processing Activities |
Categories |
Legal Basis |
Third Party Sources |
Who Has Access to Your Personal Information |
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Pseudonymizing, key coding, aggregating and/or anonymizing Personal Information |
Pseudonymizing or key-coding your Personal Information, meaning information that may directly identify you is replaced with a code to minimize unwanted or unintended identification. Such key-coded information can be de- coded by using the key so that it identifies you again. Aggregating and/or anonymizing Personal Information so th at it will no longer be considered Personal Information. For example, we may use this information t o train our AI algorithms or test them for bias, generate norms by industry, geography, level, etc., enable us to understand where our Services are being utilized, conduct ongoing validation stu dies, compile reports, and publish journal articles to further the knowledge base of or ganizational and leadership science. |
Personal Information as relevant for the specific business purpose. |
Legitimate interests, such as to generate other data for our use. We may use and disclose such data for any purpose if it no longer identifies you or any other individual. |
N/A |
As detailed in the Disclosure of Personal Information section |
Security and legal reasons
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Purpose |
Examples of Processing Activities |
Personal Information · Cat egories |
Legal Basis |
Third Party Sources |
Who Has Access to Your Personal Information |
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Fraud prevention and security |
Conduct audits, verify that our internal processes function as intended and are co mpliant with legal, regulatory, or contractual requirements; monito r for and prevent fraud; and security purposes, including system security and on-site securi ty of our premises. |
Name & Contact Details; Business Contact Details; Account Information; Billing Information; Device Information; Relationship History; Telephone Call Recordings; CCTV and Site Security Information; and Transaction Information. |
Legal obligations 5 , such as to detect and prevent cyberattacks. Legitimate interests, such as identifying and/or preventing fraudulent transactions. |
N/A |
As detailed in the Disclosure of Personal Information section |
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Purpose |
Examples of Processing Activities |
Personal Information · Cat egories |
Legal Basis |
Third Party Sources |
Who Has Access to Your Personal Information |
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Legal and compliance |
Fulfil our legal and compliance- related obligations , including complying with applicab le laws; complying with legal processes; responding to requests from public and government au thorities; meeting national security or law enforcement requirements. Enforcing our terms and conditions; protecting our operations; protecting Korn Ferry’s rights, privacy, or prop erty; and allowing us to pursue available legal remedies, de fend claims, and limit the damages that Lunker may sustain. |
Personal Information as relevant for the specific legal a ction, regulatory investigati on, and/or legal processes in question, w hich may include: Name & Contact Details; Business Contact Details; Account Information; Billing Information; User Content; Preferenc es; Marketing Data; Relationship History; Transaction Information; Visitor and Event Infor mation; User Photographs and Videos; Social Media Information; Event Photographs and Videos; CCTV and Site Security Information; Telephone Call Recordings; and Device Information. |
Legal obligations 6 , such as complying with legal processes. Legitimate interests, such as enforcing terms and conditions to protect trademarks and bringing or defending legal claims. |
Public
and/or
government and/or regulatory authorities, including courts, tribunals, regulator s, and government authorities. Third persons (legal or natural), as relevant for the specific legal action and/or processes in question (such as lawyers, auditors, insurers, advisory firms etc .). |
As detailed in the Disclosure of Personal Information section |
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Emergency and incident response |
Ensuring the safety of on-site personnel and visitors; responding to, handling and documenting on- site accidents and medical and other emergencies; ac tively monitoring properties to ensure adequate incident prevention, response and documentation (including CCTV); requesting assistance from eme rgency services; and sending notifications and alerts in the event of incidents or emergencies (such as via Texts, email, call, audio-v isual device prompts , etc .). |
Name & Contact Details; CCTV and Site Security Information; and Visitor and Event Informa tion. |
Legal obligations 7 , for example, relating to health and safety regulations and documenting on - site accidents. Legitimate interests, such as monitoring properties through CCTV to ensure individuals’ safety. Protect individuals’ vital interests, such as contacting medical or emergency services where an individual’s life is at risk. |
N/A |
As detailed in the Disclosure of Personal Information section |
PERSONAL INFORMATION
We collect the following categories of Personal Information:
A. Personal Information we receive from you and examples of that Personal Information:
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Name & Contact Details |
First and last name, nickname or alias, title, prefix, email address, telephone number, postal address, date of birth, gender, race, country of r esidence, citizenship. |
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Phone number |
Your personal phone number (or any other number) at which you opt in/elect to receive Texts or calls . |
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Business Contact Details |
Company name, business email address, business telephone number, busin ess postal address, country of business. |
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Account Information |
Your chosen username and password, an d other information you share in your account. |
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Billing Information |
Such as debit or credit car d details, bank account details, billing address. |
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Digital Career Credentials |
Digital career credentials related to certifications, course completions, or education credentials. |
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Professional Information |
Resume information, qualifications, professional experience, employment history, education, professional credentials, memberships in professional organizations, skills, information from former employers and other references, results of candidate assessments and related data, and compensation and benefits information (where permitted by applicable law). |
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User Content |
Reviews about our products and Services, and other content you may create or share on our Services, including posts on our Social Media Pages, blogs, and comment sections. |
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Preferences |
Language, interests, preferred means of communication, and other customer fee dback/preferences that you might express during your use of our Services. |
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Marketing Data |
Your choices regarding our promotional emai ls, messages and other marketing displayed or provided to you, and preferred methods of s uch promotional communication. |
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Relationship History |
Details of your communications with us, and details of your claims, complaints, and queries in general. |
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Transaction Information |
Details of products and Services you have purchased from us. |
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Visitor and Event Information |
Dietary restrictions, travel and accommodation details, issued identification pass to access the premises, and other details specific to a particular event or confe rence that you share with us. |
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User Photographs and Videos |
Photos and videos submitted by you while using our Services or that y ou make publicly available on the Internet (e.g., LinkedIn). |
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Telephone Call Recordings |
Audio recordings of telephone calls when you contact us. |
B. Personal Information we collect through your use of our Services or from other sources and examp les of that Personal Information:
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Social Media, Industry and Professional Directories, and Job Board Information |
Profile pictures, social media account ID, and other social media and job board profile information, including lists of friends/followers on so cial media. |
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Background Information |
Information on, or the verification of, your emplo yment or educational background, and behavior. |
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Event Photographs and Videos |
Photos and videos taken at one of our e vents/conferences. |
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CCTV and Site Security Information |
Images or video foot age captured or recorded by CCTV and other security measures on our premises. |
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Device Information |
Information about your devices and your use of our Services, e.g., we may log cer tain statistics about the traffic on our Site like the users' domains and browser types. This includ es data obtained through cookies and similar technologies , as described in our cookies and similar technologies policy . |
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Public Record Information |
Information from public busine ss records and industry directories, for example corporate registrations. |
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Job Application information received fr om other Job Boards and Recruitment Service Providers |
Information included in your re sume or CV, for example, work experience, education, and skills. |
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Candidate Introduction Information |
Name of the person who introduces a candidate, their professional relationship with the candidate, their opinion about the candidate’s skills, experience, and personality, and other recommendations and information provided in this context. |
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Name & Contact Details |
First and last name, nickname or alias, title, prefix, email address, telephone number, postal address, date of birth, gender, race, country of r esidence, citizenship. |
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Business Contact Details |
Company name, business email address, business telephone number, busin ess postal address, country of business. |
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Professional Information |
Resume information, qualifications, professional experience, employment history, education, professional credentials, memberships in professional organizations, skills, information from former employers and other references, results of candidate assessments and related data, and compensation and benefits information (where permitted by applicable law). |
Disclosure Of Personal Information
From time to time, we also disclose Personal Information to our strat egic alliance partners and to our network of independent consultants who provide Services on Lunker ’s behalf.
• You can obtain a lis t of our strategic alliance partners by contacting our Privacy Office as described below.
Lunker discloses Personal Information to third-party service provide rs who provide support for our Services or business operation.
• Lunker works with third-party service providers who provide services that may include assessment services, including
assessment validation services, website hosting and IT consulting services, data analysis, resume verification, ba ckground checking, payroll services, public relations services, marketing services, attorneys, ac countants, and other administrative and back-up and security services.
• As part of providing services, these third-parties will be provided with access to Personal Information. In addition, our software development partners may us e Personal Information, like usage metrics or bug issues, to modify, improve, refine, and validate their technology, research and development.
Lunker may disclose certain Personal Information regardi ng candidates, including the results of candidate assessments and related data to your current (if applying for an internal pos ition) or prospective employer who has engaged Lunker to fulfill recruitment requests, or to
reference sources.
Lunker may disclose or transfer all or part of your Personal Information in the event of a sale of our company or one or more of our affiliates. We may also disclose or transfer all or part of your Personal Information in t he event of a merger, joint venture, assignment, or consolidation
involving our company or one or more of our affiliates. This may also occur if there is a sale or transfer or other disposition of assets or of any portion of our business or the business of one or more of our affiliates (in cluding in connection with bankruptcy or similar proceedings). You will be notified of any such business transaction and of possible changes to the processing of your Personal Information in accordance with
applicable law and the ‘ Updates To This Policy ’ section.
There may be other times that we disclose your P ersonal Information.
• Lunker may also use or disclose Personal Information (to comply with a legal obligation or because we have legitimate interest to do so) to: (i) co mply with applicable laws, (ii) respond to inquiries, requests or orders from public or government authorities, including those outsi de of your country of residence, or (iii) protect the rights, privacy, safety or property, of Lunker and our affiliates, you or others.
• We cannot and do not assume any responsibility for the actions or omiss ions of third parties, such as clients, including the way they use Personal Information received either from Lunker or from other independent sources.
Other Disclosures
We also disclose your Personal Information as neces sary or appropriate, in particular when we have a legal obligation or legitimate interest to do
so, as set out in further detail below.
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Purpose |
Further Detail |
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To comply with applicable law and regulations |
This may include laws outside your country of residence, which could give rise to a legal obligation requiring us to process your Personal Information, including: • Civil and commercial matters: where we are in receipt of a court order, motion to compel, or subpoena to disclose information for the purposes of court proceedings, such as under Regulation (EU) No 1215/2012 on juris diction and the recognition and enforcement of judgments in civil and commercial matters. • Criminal matters: to comply with requests and orders, including from US, EU and EU Member State law enforcement to provide information in relation to a criminal investigation in compliance with applicable local laws, or to take steps to report in formation we believe is important to law enforcement where required or advisable under applicable local laws. • Consumer matters: to comply w ith requests from competent authorities, including the FTC under US law or national authorities under EU or EU Member Sta te consumer protection law, under Directive (EU) 2019/2161 and its implementing laws in EU Member States. • Corporate and taxation matters: to comply with our obligatio ns under applicable corporate and tax legislation, such as where a national tax law requires collection of spec ific transactional personal information for tax purposes. • Regulatory matters: to respond to a request or to provide information we believe is necessary or appropriate to comply with our obligations to engage with regulators, including if relevant EU Member State data protection supervisor y authorities initiate investigation under the General Data Protection Regulation into Lunker or the Ca lifornia Privacy Protection Agency initiates an investigation under the California Consumer Pri vacy Act. These can include authorities outside of your country of residence. • Compliance and internal investigations: to comply with global whistleblowing requirements, including under State whistleblower protection laws in the US and Directive (EU) 2019/1937 and its implem enting laws in EU Member States. • Health and safety regulations : to comply with health and safety reporting obligations in accordance with applicable local laws, such as in relation to accidents involving members of the public on our premises. • Anti-discrimination laws: to com ply with diversity reporting obligations, including the Civil Rights Act of 1964 in the US. |
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For other legal reasons |
• For dispute resolution purposes; • To protect our rights, privacy, safety or property, and/or t hat of our affiliates, you or others. |
|
In connection with a sale or business transaction |
We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedi ngs). You will be notified of any such business transaction and of possible changes to the processing of your Personal Information in accordance with applicable law and the ‘ Updates To Thi s Policy’ section. |
SECURITY
Lunker seeks to use reasonable organizational, technical, and adm inistrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage sy stem can be guaranteed to be 100% secure.
• If you have reason t o believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you
might have with us has been compromised or your user credentials are no longer secure), please immediately notify us of the problem by contacting us as described in the “ Contacting Us ” section below.
RETENTION PERIOD
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is
required or permitted by law, for example, for the purposes o f satisfying any legal, regulatory, tax, accounting or reporting requirements.
• The criteria used to determ ine our retention periods include:
o The length of time we have an ongoing relationship wi th you or our client and provide the Services to you (for example, for as long as you have an a ccount with us or keep using the Services),
o A period beyond the time of the ongoing relationship if we have a legitimate internal operations need, such as a need to retain the information for analysis, record-keeping, and compliance with data retention schedul es,
o If there is a legal o bligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period before we ca n delete them), or
o If retention is advisable considering our legal position (such as regarding applicable statutes of limitations, litigation or regulatory investigations).
Where a legal obligation arises or retention is advisable in light of our legal position, in some circumstances, we will retain certain Personal
Information, even after your account has been deleted and/or we no longer provide the Services to you, for example:
• To cooperate with law enforcement or public, regulatory and government authorities: If we receive a preservation orde r or search warrant related to your Services account, we will preserve Personal Information subject to such order or warrant after y ou delete your Services account.
• To comply with legal provisions on tax and accounting: We may retain your Personal Information, such as Billing Information, Relationship History, Transaction Information, Customer Invoices as permitted by applicable laws and Lunker policies after you delete your Services account, as required by tax law and to comply with bookk eeping requirements.
• To pursue or defend a legal action: We may retain relevant Personal Information in the event of a legal claim or complaint, including regulatory investigations or legal proceedings about a claim related to your Personal Information, or if we re asonably believe there is a prospect of litigation (whether in respect of our relationship with you or otherwise) as permitted by applicable laws and Lunker policies after the dispute has been settled or d ecided by a court or tribunal from which there is no further right of appeal.
• To document security or fraud incidents: We may keep and archive records of incidents for internal purposes and as documentat ion of steps taken.
In some circumstances and subject to applicable law, we de-identify, aggregate, pseudonymize, and/or use o ther technical and operational
controls to anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which
case we may use this information indefinitely wit hout further notice to you.
THIRD PARTY SERVICES
This Policy does not address, and we ar e not responsible for, the privacy, information, or other practices of any other third parties, including any third party operating any website or service to wh ich the Services link.
• You may have the opportunity to follow a link from or to other websites maintained by Lunker affiliates, or other third parties. The
inclusion of a link to a third party site or service from our Services does not imply our endorsement of the linked site or service by us or by our affiliates. Because these other websites may not be hosted or controlled by Lunker , this Policy does not address the privacy
practices of those websites. We encourage you to review the privacy policies of each of those websites.
• Please note that we are not responsible for the information collection, use, disclosure, or security policies or practices (including the data security practices) of other organizations, such as LinkedIn, Facebook, Ap ple, Google, Microsoft, RIM, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any
Personal Information you disclose to other organizations throug h or in connection with the Apps or our Social Media Pages.
SENSITIVE INFORMATION
Unless we request it, we ask tha t you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal
background, or trade union membership) through the Services or othe rwise to us.
UPDATES TO THIS POLICY
Lunker reviews its privacy practices reg ularly, and those practices are subject to change. You can determine when this Policy was last
revised by checking the “ Last Updated ” legend at the bottom of the Policy. Any changes to the Policy will become effective upon posting of the
revised Policy on th e Internet.
USE OF SERVICES BY MINORS
The Services are not directed to individuals under the age of sixteen (16), and we do not knowingly collect Personal Information from individuals
under 16. We request that these in dividuals do not provide their Personal Information through the Services.
SUMMARIES OF POLICY
This Policy is the sole authorized statement of Lunker ’s practices with respect to the collection of Personal Information through the Services and the usage of Personal Information. Any summaries of this Policy generated by third party software or otherwise (for example, in connection with the “ Platform for Privacy Preferences ” or “P3P”) have no legal effect , are in no way binding upon Lunker , cannot be relied upon in
substitute for this Policy, and neith er supersede nor modify this Policy.
CONTACTING US
Lunker (including its subsidiaries as listed here: https:// cdn. Lunker .com/privacy/ControllerEntities.pdf ), located at 1900 Avenue of the Stars,
Suite 1500, Los Angeles , CA 90067, is the company responsible for collection , use , and disclosure of your Personal Information under this Policy .
To submit questions regarding this Policy or to contact our Data Protection Officer (DPO), use the following contact information: via email to Lunker at privacy @ Lunker . com or , if by postal mail to Lunker , 1900 Avenue of the Stars , Suite 1500, Los Angeles , CA 90067, Attn : Privacy Office.
Because email communications are not always se cure, please do not include credit card or other sensitive information in your emails to us.
For any inquiries regarding our compliance with EEA privacy laws and the content of this Privacy Policy, Please contact us at
ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS
Pursuant to the California
Consumer
Privacy Act of 2018
, as amended
by
the
California
Privacy
Rights
Act
(collectively
the
“
CCPA
”),
Lunker
is providing the following additional details regarding the categories of Personal Information that we collect, use and disclose about California
residents and California residents’ rights. This section supplements the above disclosures in this Policy.
Notice at Collection
The following chart details which categories of Personal Information about California residents we collect, as wel l as which categories of Personal
Information we have collected and disclosed for our operational b usiness purposes in the preceding 12 months. The chart also details the categories of Personal Information that w e “sell” (the term “sale” is broadly defined under the CCPA to include an exchange of Personal Information for valuable consideration of any kind, not simply for monetary compensation ), including within the preceding 12 months.
|
Categories of Personal
Information
|
Disclosed to Which Categories of Third
Parties for Operational
B
usiness
Purposes
|
Sold to Which Categories
of
Third
Parties
|
|
Identifiers, such as
name, contact
information,
IP address, and other online
identifiers
|
Our affiliated entities; tru
sted third-party
service providers; strate
gic
alliance
partners and
independent con
sultants
|
Clients (in exception
al
cases,
e.g.,
market
research
,
recruitment
strategy, or successio
n
planning,
Lunker
may sell
name
and
contact information to ou
r
clients)
|
|
Categories of Personal
Information
|
Disclosed to Which Categories of Third
Parties for Operational
B
usiness
Purposes
|
Sold to Which Categories
of
Third
Parties
|
|
Personal
information, as defined
in the
California customer re
cords
law,
such as
name, contact informatio
n,
medical
information,
insurance
information, education
information, employment information, and
government-issued
ID
numbers
|
Our affiliated entities; tru
sted third-party
service providers; strate
gic
alliance
partners and
independent con
sultants
|
Clients (in exception
al
cases,
e.g.,
market
research
,
recruitment
strategy, or successio
n
planning,
Lunker
may sell
name,
contact information,
and
employment
information to
our
clients)
|
|
Protected Class
Information, such as
age,
sex, disability stat
us,
primary
language, race,
citizenship, and
marital sta
tus, to the extent
required or
permitted by
applicable
law
|
Our affiliated entities; tru
sted third-party
service providers; strate
gic
alliance
partners and
independent cons
ultants;
required government agencies
|
Clients (in exception
al
cases,
e.g.,
market
research
,
recruitment
strategy, or successio
n
planning,
Lunker
may sell age,
sex,
primary
language, and
citizenship
to our
clients)
|
|
Commercial information, such as transaction
information and
purchase
history
|
Our affiliated entities; tru
sted third-party
service providers; strate
gic
alliance
partners and
independent con
sultants
|
None
|
|
Internet or network activity
information,
such
as
browsing history and
intera
ctions with
our
website
|
Our affiliated entities; tru
sted third-party
service providers; strate
gic
alliance
partners and
independent con
sultants
|
None
|
|
Geolocation data, such as
device
l
ocation and
approximate location derived from
IP add
ress
|
Our affiliated entities; tru
sted third-party
service providers; strate
gic
alliance
partners and
independent con
sultants
|
None
|
|
Audio, electronic, visual and similar
information, such as
photograph
s or audio
and
video recordings created
in
connection
with
our business
activities
|
Our affiliated entities; tru
sted third-party
service providers; strate
gic
alliance
partners and
independent con
sultants
|
None
|
|
Categories of Personal
Information
|
Disclosed to Which Categories of Third
Parties for Operational
B
usiness
Purposes
|
Sold to Which Categories
of
Third
Parties
|
|
Professional or employment-related
information, such as work
history and
prior
employer,
information
relating to
references,
details of qualifications, skills and exper
ience,
human resources data, and
data
necessary
for benefits and
related
administration
services
|
Our affiliated entities; tru
sted third-party
service providers; strate
gic
alliance
partners and
independent con
sultants
|
Clients (in exception
al
cases,
e.g.,
market
research
,
recruitment
strategy, or successio
n
planning,
Lunker
may sell
profess
ional
and employment-related
information to our
clients)
|
|
Inferences drawn from
any
of the
Personal
Information
listed above to create
a
profile
about, for example,
an
individual’s
preferences or abilities
|
Our affiliated entities; tru
sted third-party
service providers; strate
gic
alliance
partners and
independent con
sultants
|
None
|
|
Sensitive
Personal
Informa
tion
•
Personal
Information
that reveals
an
individual’s Social Security,
driver’s
license, state
identification card, or
passport number; account
log-in
in
combination with any
required secu
rity or
access code, password,
or
creden
tials
allowing access to an
a
ccount;
precise
geolocation;
racial or ethnic origin,
religious or philosophical
beliefs,
citizenship, or union
membershi
p; the
contents of mail, email,
and
Texts
unless
we are the
intended reci
pient
of the
communication;
•
Personal
Information collec
ted and
analyzed concerning an
indiv
idual’s
health;
•
Personal
Information collec
ted and
analyzed concerning an
individual’s
sex
life or sexual orientation
|
Our affiliated entities; tru
sted third-party
service providers; strate
gic
alliance
partners and
independent con
sultants
|
None
|
For information on the sources of these categories of Pers onal Information, please refer to the “ How we Collect Personal Information ” section in this Policy, above. For information on retention periods for Personal Information and Sensitive Personal Information, please refer to the
“ Retention Period ” section in this Policy, above.
For details on how we use your Personal Information, please refer to the chart under the “ Processing of Personal Information” section at the start
of this Policy. In addition, we collect, process, an d disclose Sensitive Personal Information for purposes of: providing goods or services as
requested; ensuring safety, security, and integrity; countering wrongful or unlawful actions; sh ort term transient use such as displaying first party, non-personalized advertising; performing services for our business, including maintaining and servicing accounts, providing customer service,
processing or fulfilling orders and transactions, verifying customer information, processing payments, providin g financing, providing analytic services, providing storage, or providing similar services on be half of our business; activities relating to quality and safety control or product improvement; and other collection and processing tha t is not for the purpose of inferring characteristics about an individual. We do not use Sensitive Personal Informatio n beyond these purposes.
You have the right to opt out of the “sale” of your Personal Information. For mo re information on this right and to exercise your right to opt-out of sale, plea se go to Lunker ’s California: Do Not Sell My Personal Information page located here:
https://www. Lunker .com/ccpa .
We do not “share” Personal Information, including Sensitive Pers onal Information, for purposes of cross-context behavioral advertising, as
defined under the CCPA, and we have not engaged in “sharing” in the 12 months preceding the date this Policy was updated. Without limiting the foregoing, we do not knowin gly “sell” or “share” Personal Information, including Sensitive Personal Information, of minors under 16 years of age .
If you are a California resident, you may request that we:
• Disclose to you the following information:
o The categories of Personal Information we collected about you and the categories of sources from which we collected s uch Personal Information;
o The specific pieces of Personal Information we colle cted about you;
o The categories of Personal Information about you that we sold and the categories of thir d parties to whom we sold such Personal Information;
o The business or commercial purpose for collecting or selling Pe rsonal Information about you; and
o The categories of Personal Information about you that we otherwise disclosed, and the categories of third parties with whom we disclosed or to whom we disclosed such Personal Information (if applicable).
• Delete Personal Information we collec ted from you.
• Access Personal Information about yourself.
• Correct inaccurate Personal Information ab out yourself.
• Opt-out of the future sale of your Personal Information. For more information on this ri ght and to exercise your right to opt-out of
We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. In most cases, Lunker will verify your identity by confirming that: (1) you control the email address associated with your Personal Information; and (2) your description of y our interactions with Lunker matches our records. If necessary, we may require additional information to verify your reques t.
If an agent would like to make a request on your behalf as permitted under applicable law, the agent may use the submission methods noted
above. As part of our verification process, we may request that the agent provide, as applicable, proof concerning his or her status as an
authorized agent. In addition, we may require that you verify your identity as de scribed above or confirm that you provided the agent permission to submit the request.
You have the right to be free from unlawful discrimination fo r exercising your rights under the CCPA.
ADDITIONAL INFORMATION REGARDING MEXICO
Lunker M é xico , Sociedad Civil (“ Lunker Mexico ”), located at Prado Sur 274, Floor 3, Col . Lomas de Chapultepec , Zip Code . 11000,
Miguel Hidalgo, Mexico City, Mexico, is responsible for the processing of Personal Information that is subject to the Federal Law on Protection of Personal Data Held by Private Parties and its Regulations (collectively, the “ Law ”). This Mexico addendum supplem ents this Policy, except that the information in this section replaces the information in the “Choices and Access ” section of the Policy. Questions regarding this addendum
should be directed to the Lunker Mexi co Privacy Office avisoprivacidad@ Lunker .com or, if by postal mail, at the Mexico City address above.
Lunker Mexico uses your Perso nal Information for the purposes outlined above in the “ How We Use The Personal Information We Collect ”
section. All these purposes, except for market ing, are necessary for maintaining your relationship with Lunker Mexico. If you would like to opt- out of receiving marketing communications from us, please email avisoprivacidad@ Lunker .com to have your contact information removed from our marketing databases.
Lunker Mexico transfers Persona l Information to third parties inside and outside Mexico, as described in the “ Who has Access to your
Personal Information ” section of the Policy. Such transfers do not require you r consent, with the exception of a transfer of Personal Information in the case of a merger, consoli dation, or sale of assets of Lunker Mexico or of an affiliate. Lunker will transfer your Personal Information in the event of a merger, consolidation, or sale of assets. Your u se of the Services means you accept this transfer. If you disagree, please email avisoprivacidad@ Lunker .com and inform us of your preference.
ARCO Rights: You may exercise your ARCO Rights by contacting the Lunker Mexico Privacy Office by email at avisoprivacidad@ Lunker .com or by telephone at 5096 0000. Your ARCO Rights are :
• Right of Access: You have the righ t to request to know what Personal Information Lunker Mexico holds about you and the purposes for which it is processed.
• Right of Rectificat ion: You have the right to request the correction of your Personal Information if it is outdated, inaccurate, incorrect, or incomplete.
• Right of Cancellation: You have the right to request the removal of y our Personal Information from Lunker ’s systems if you believe that it is not being used under the principles, duties and obligations set forth in the Law. If your cancellation request is grant ed, your ability to use the Services may be limited. Please note that to maintain consistency in our Services and operations, we retain backup systems. When you ask that your information be removed from Lunker ’s databases, we may not be able to delete residual copies from our systems or from our backup systems, but they will continue to be protected as required under this notice. We may also need to re tain certain Personal Information about you such as your e-mail address to honor opt-out or similar requests.
• Right of Objection: You have the right to object to Lunker ’s use of your Personal Information for specific purposes. If your objection request is granted, your ability to use the Services may be limited.
c
To exercise your ARCO
rights, you may:
• submit a printed request, with your handwritten signature, at t he address indicated in this section.
Please specify what right(s) you would like to exercise and include sufficient detail to validate your identity and locate your information in our systems. To that end, pleas e provide in your request:
• your name and a photocopy of your o fficial ID;
• the email address you used to register for Lunker Services;
• your user ID for Lunker Services and products, if applicable;
• your interactions with Lunker , including what Lunker Services you used, and whether you took an asses sment or survey, as well as a link to the assessme nt or surveys, if applicable;
• the names of Lunker c onsultants or other personnel with whom you worked or corresponded; and
• a clear description of the Personal Information to w hich your request pertains.
If we require additional information to validate your identity or unde rstand what information you would like to access, rectify, cancel, or object to, Lunker Mexico may ask you to provide it within 5 days after receiving your request. You will have 10 days to respond to our request, starting from the day following the day you receive it. I f you do not respond within that period, your request will be deemed not received. We will respond by email within 20 days of receiving your request or the additional information, as applicable. If applicable, we will fulfill your request within 15 days after our response.
ADDITIONAL INFORMATION REGARDING CHINA
If there is any incon sistency between the below and the above Policy, the following will prevail in respect of the PRC.
Legal Basis for Processing ; Consent
Notwithstanding anything contained in the above Policy to the contrar y, we collect and process Personal Information about you in accordance with the legal bases provided for under the applicable laws. We will obtain your consent (where applicable, separate consent) to collect, use, share, overseas transfer, disclose or otherwise process your Persona l Information if and to the extent required by the applicable laws. If we
collect and process Personal Information based on your consent (where applicable, separate consent), yo u may withdraw your consent (where applicable, separate consent) at any time by contacting us at privacy @ Lunker .com.
Sensitive Personal Information
We generally do not request sensitive Personal Information about you except in li mited cases (such as when you voluntarily answer our
demographic survey questions). Sensitive Personal Inf ormation means Personal Information the leakage or illegal use of which might lead to the infringement of your personal dignity or harm to personal or property safety. We may co llect and process the following sensitive Personal
Information as defined in the PRC laws:
• racial or ethnic origin, gender identity, religious or other beliefs, political opinions;
• facial photos, to the extent that the photos could reveal your biometri c features; and/or
• undisclosed criminal records.
The processing of sensitive Personal Infor mation is necessary to achieve the purposes described in the Policy and will be conducted in a way that would have the leas t impact on personal rights and interests.
International Data Transfers
For the purposes described in the above Policy and for the provision of the Services worldwide, we may, with your separate consent (if required by applicable laws), transfer your Personal Information to Lunker affiliated entities (the latest list of which is available at
https://cdn. Lunker .com/privacy/subsidiariesalliances.pdf ) and third party vendors outside of mainland China, who will process your Personal
Information for the purposes and in the manner as described in this Policy. Lunker will take appropriate measures to ensure that cross-border data transfer and the processing of your Personal Information complies with the requirements of applicable laws and that such mechanisms are aimed at ensuring an adequate level of protection as regards your Personal Information under the applicable laws. If you wish to exercise your rights with respect to your Personal Information, please refe r to the “Choice and Access” section of this Policy.