Data Protection Information
The following data protection information gives an overview of the collection and processing of your personal data from the data subject in accordance with Article 13 paragraphs 1, 2, and 4, as well as Article 21 paragraph 3 of the EU General Data Protection Regulation (GDPR).
Data privacy is important – please read the statement below.
Although GDPR is an EU regulation it is relevant to Labor Opus Group SAS and its subsidiaries around the world for several reasons:
French data protection legislation is historically closely linked to EU regulations, anticipated changes in the international data protection landscape are heavily influenced by the GDPR, and finally, the GDPR imposes high standards of data protection. personal data with extraterritorial scope, meaning that companies based outside the EU are, in certain circumstances, bound by its provisions.
We therefore kindly ask you to familiarise yourself with the Data Protection Information found below.
1. Who Is Responsible For Data Processing & How Can I Contact Them?
The company’s privacy officer can be reached as follows:
Labor Opus Group SAS
Attn.: Data Protection
124 B Bas Du Fort
97 190 Le Gosier Guadeloupe
+1 833-805-LABOR
E-Mail data-protection[at]labor-opus.fr
2. What Sources & Data Do We Use?
We process personal data that we obtain from our clients in the context of our business relationship. We also process – insofar as necessary to provide our services – personal data that we obtain with permission from publicly accessible sources (e.g. debt registers, commercial and association registers, press, internet) or that is legitimately transferred to us from other third parties (e.g. a RH ratings agency).
Relevant data is personal information (e.g. name, address and other contact details, date and place of birth, and nationality), identification data (e.g. ID card details), and authentication data (e.g. sample signature). Furthermore, this can also be order data (e.g. payment order), data from the fulfillment of our contractual obligations (e.g. sales data in payment transactions), information about your situation (e.g. creditworthiness data, scoring/rating data, origin of assets), marketing and sales data (including advertising scores), documentation data (e.g. consultation protocol), and other data similar to the categories mentioned.
3. Where is your Personal Data stored?
Labor Opus Group and its subsidiaries are a global enterprise, and all of your personal data is processed and stored on servers located where our subsidiaries operate.
For instance, Labor Opus Group France processes and stores your personal data on servers located in France. Similarly, Labor Opus Group Canada, Labor Opus Group Switzerland, and Labor Opus Group USA process and store your personal data on servers located in their respective jurisdictions.
Each regional entity of Labor Opus Group ensures the internal management of your personal data in accordance with applicable data privacy regulations.
4. Data Security
Labor Opus Group SAS has implemented robust technical and organizational security measures to safeguard your personal data from unauthorized access, loss, or misuse.
5. What Do We Process Your Data for (Purpose of Processing) & On What Legal Basis?
We process personal data in full compliance with the European General Data Protection Regulation (GDPR) and the relevant federal data protection laws applicable to each Labor Opus Group subsidiary.:
a. For fulfillment of contractual obligations (Art. 6 Para 1b DSGVO)
We process your data to provide consultancy and management services for recruitment in accordance with our legal agreements with our clients or to carry out pre-contractual measures taken in the context of a request from an interested party. The purposes of data processing are aligned with the specific service being provided (e.g., candidate search, resume collection) and may include needs assessment, advice, discretionary management, management and support services, and HR-related operations.
b. In the context of balancing interests (Art. 6 Para 1f DSGVO)
Where required, we process your data beyond the actual fulfillment of the contract for the purposes of the legitimate interests pursued by us or a third party. Examples:
– Consulting with Rh rating agencies to investigate creditworthiness and credit risks
– Reviewing and optimizing procedures for needs assessment for the purpose of direct client discussions
– Risk Control in Labor Opus Group SAS
c. Due to statutory provisions or in the public interest (Art. 6 Paras 1c and 1e DSGVO)
Furthermore, as a Group, we are subject to various legal obligations, meaning statutory requirements (e.g. the Swiss RH Act, Collective RH Schemes Act, Anti-Money Laundering Act, Mortgage Bond Act, FINMA ordinances and circulars, tax laws) and group regulatory requirements (e.g. europeen National firm, FINMA). Purposes of processing include assessment of creditworthiness, identity and age checks, fraud and money laundering prevention, fulfilling control and reporting obligations under fiscal laws, and measuring and managing risks within Labor Opus Group SAS
6. Who Receives My Data
Within the Labor Opus Group, only the units that require your data to fulfill our contractual and legal obligations will have access to it. Service providers appointed by us can also receive access to data for the purposes given, if they maintain importance confidentiality. These are companies in the categories of banking services and IT services.
With regard to transferring data to recipients outside our group, to begin with it is to be noted that, as a Labor Opus Group, we are obliged to be discrete regarding all client-related matters and assessments of which we acquire knowledge (informations confidentiality pursuant to our general terms and conditions). We may pass on information about you only if legal provisions demand it, if you have given your consent (e.g. to process a resume cv transaction you have ordered us), or if we have been authorized to issue a firm inquiry. Under these requirements, recipients of personal data can be, for example:
– Public entities and institutions (e.g. National firm, FINMA, financial authorities, criminal prosecution authorities) upon providing a legal or official obligation
– Other credit and financial service institutions or comparable institutions to which we transfer your personal data in order to carry out a business relationship with you (depending on the contract, e.g. correspondent ,custodian , brokers, stock exchanges, information offices)
Other recipients of data can be any units for which you have given us your consent to transfer data or for which you have released us from information confidentiality by means of a declaration or consent.
7. Will Data Be Transferred to a Third Country or an International Organization?
Data transfers to legal entities in states outside France (known as third countries) take place so long as:
– It is necessary for the purpose of carrying out your orders (e.g. transfert informations resume cv )
– It is required by law (e.g. reporting obligations under fiscal law) or
– You have granted us your consent
8. For How Long Will My Data Be Stored?
We will process and store your personal data for as long as it is necessary in order to fulfill our contractual, regulatory and statutory obligations. It should be noted here that our business relationship is a long-term obligation, which is set up based on a long term period.
If the data is no longer required in order to fulfill contractual or statutory obligations, it is deleted, unless its further processing is required – for a limited time – for the following purposes:
Fulfilling obligations to preserve records according to commercial and tax law: This includes in particular the European Code of Obligations, the Federal Act on Value Added Tax, the Federal Act on Direct Taxation, the Federal Act on Harmonization of Direct Taxes of Cantons and Municipalities, the Federal Act on Stamp Duties and the Federal Act on Withholding Tax.
As a Labor Opus Group, we will normally retain your records for a minimum of ten years to comply with regulatory and contractual requirements unless there is a particular reason to hold the records for longer, including legal hold requirements, which require us to keep records for an undefined period.
9. What Data Privacy Rights Do I Have?
Every data subject has the right to access according to Article 8 FADP (Article 15 of the GDPR), the right to rectification according to Article 5 FADP (Article 16 of the GDPR), the right to erasure according to Article 5 FADP (Article 17 of the GDPR), the right to restrict processing according to Articles 12, 13, 15 FADP (Article 18 of the GDPR), the right of object according to Article 4 FADP ( Article 21 of the GDPR), and if applicable – the right to data portability according to Article 20 of the GDPR. Furthermore, if applicable on you, there is also a right to lodge a complaint with an appropriate data privacy regulatory authority (Article 77 of the GDPR).
You can withdraw consent granted to us for the processing of personal data at any time.
10. Am I Obliged to Provide Data?
In the context of our business relationship, you must provide all personal data that is required for accepting and carrying out a business relationship and fulfilling the accompanying contractual obligations or that we are legally obliged to collect. Without this data, we are, in principle, not in a position to close or execute a contract with you.
In particular, anti-money laundering regulations require us to identify you based on your identification documents before establishing a business relationship and to collect and put on record name, place and date of birth, nationality, address and identification details for this purpose. In order for us to be able to comply with these statutory obligations, you must provide us with the necessary information and documents in accordance with the Anti-Money Laundering Act, and to immediately disclose any changes over the course of the business relationship. If you do not provide us with the necessary information and documents, we cannot enter into or continue the business relationship you desire.