Thank you for choosing to be a part of our community at Fénix Leadership & Development, LLC. We are committed to protecting your personal information and your right to privacy. When you visit our website https://www.fenixleadershipconsulting.com, and more generally use any of our services, we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. If there are any terms in this Privacy Notice that you do not agree with, please discontinue the use of our Services immediately.
This statement reflects the strengthened rights of individuals under GDPR, to make it easier to understand and to provide more fairness and transparency to you by making additional information available. We may update this Privacy Policy from time to time; you can find our latest policy on our website at https://www.fenixleadershipconsulting.com or by asking us for a copy.
This Privacy Notice applies to all information collected through our Services and Products (which, as described above, includes our website), as well as any related services, sales, marketing, administration of assessments, research, or events.
Note the CONTENTS section below with links to help you navigate through the Privacy Policy and find more information more quickly and easily.
Please read this Privacy Notice carefully as it will help you understand what we do with the information we collect.
TABLE OF CONTENTS
1. WHO WE ARE AND OTHER IMPORTANT INFORMATION
2. WHAT PERSONAL DATA DO WE COLLECT AND HOW DO WE USE IT
3. HOW AND WHY WE USE YOUR PERSONAL DATA
4. WHO WE TRANSFER YOUR PERSONAL DATA TO
5. INTERNATIONAL TRANSFERS OF PERSONAL DATA
6. HOW WE KEEP YOUR DATA SECURE
7. DATA RETENTION
8. YOUR LEGAL RIGHTS
9. EXERCISING YOUR RIGHTS
10. HOW YOU CAN CONTACT US
11. CALIFORNIA’S SHINE THE LIGHT LAW
12. GOVERNING LAW
1. WHO WE ARE AND OTHER IMPORTANT INFORMATION
Fénix Leadership & Development, LLC, is collectively referred to as “FLD”, “we”, “us”, or “our” in this Privacy Notice.
To provide our leadership coaching and workshops, consulting, organizational programs, other services, and to conduct research, FLD collects and processes personal data. This Privacy Policy sets out how we collect and process personal data through use of our services and products, use of our website, completion of psychometric assessments and diagnostic surveys, and other collection of personal data related to our business as providers of leadership development coaching and programs, organizational consulting, and research services.
We have appointed a Data Protection Officer (DPO) who is responsible for overseeing data protection matters. Please visit Section 10 for complete details on how you can contact FLD and the DPO.
2. WHAT PERSONAL DATA DO WE COLLECT AND HOW DO WE USE IT
When you visit our internet site. When you visit our internet site, we automatically collect the related session data. Session data is provided to us by your browser, by third-party integrations on our site, and through our log files, which record your activities while browsing our site, such as when you click on a link. We may record some of this data in one or more cookies that we send to your browser .
Simply visiting FLD’s websites does not require you to submit personal data (although our cookies may collet certain personal data for statistical and analytical purposes). If, however, you ask us for information, register with us, sign up to attend any of our events or receive our marketing material, or otherwise express an interest in our services or products or report a problem, we collect any personal data submitted to us at that time.
This site makes chat rooms and message boards available to some of our users. Users should exercise caution when deciding to disclose personal information in public forums. To request removal of personal information from FLD’s blog or community forum, contact FLD at [email protected] . In any case where the removal of personal information is not possible, the requestor will be informed.
With their consent, FLD displays personal testimonials of satisfied customers on its site. With your consent, your testimonial along with your name may be posted. Any client wishing to update or delete a testimonial should contact FLD at [email protected]
FLD uses Google Analytics to track how often people gain access to or read our content. We use this information in the aggregate to understand what content our customers find interesting and useful, so we can improve the value of our content to meet your needs. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purposes of evaluating your use of the website, compiling reports on website activity for website operators, and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use
of cookies by selecting the appropriate settings on your browser; however, please note that if you do this you may not be able to use the full functionality of this website. By using the FLD website, you consent to the processing of data about you by Google in the manner and for the purposes described above.
When you visit our websites and access resources on our website, we may automatically collect technical data and usage data. We collect this data via cookies including, where available, your IP address, operating system and browser type, for system administration. Our Cookie Policy has more information on this. You can manage your Cookies via our Cookie Policy by clicking on Cookie Settings button under the title “Cookie Policy”.
When making a purchase from our website. When you make a purchase from our website, FLD or its contracted platform, Square, collects users’ contact information (such as name and email address) and financial information (such as account or credit card number). FLD uses contact information from the order form to send orders to its customers and to fulfill it contracts to its customers. Contact information is also used to communicate with customers
when necessary.
When attending a program or completing an assessment. If a customer completes an assessment, we collect the customer’s name, email address, contact information, assessment responses, session data, and other information. In some cases, we ask questions to which the response is optional (such as demographic questions), and these questions are identified as such. In some instances, these optional demographic questions may involve collection of special categories of personal information, such as information regarding your racial or ethnic origin. You are free not to respond to these questions.
Data will be collected directly from you when you complete an assessment questionnaire via FDL platforms or otherwise. If you complete an assessment through FLD and you give us permission, we may use, with full anonymity, your score and responses for the purposes of research or to improve our processes. The information collected in this way in assessments and surveys is securely stored in FLD’s data base and/or become part of a research project.
We may also share this anonymized data with the company that asked you to complete the assessment. Where feedback is given and/or where you participate in an assessment or leadership program or other engagement conducted by FLD, additional data in addition to that described above may be provided by you to your coach and/or members of our delivery or facilitating team, at the time of such feedback, assessment or engagement.
FLD has a strong commitment to protect the rights, privacy and dignity of every person who participates in these activities. For this reason, we have several safeguards in place:
- All data utilized for research is obtained following the informed and/or explicit consent of the individual participant
- Assessment data collected about or from an individual as part of a leadership development activity are shared with and explained to that individual
- From time to time, FLD publishes data on groups of people. Individuals are never identified in these reports. Specific organizations are identified only if prior written approval is received from the organization. FLD may also provide organization summary profiles on groups of individuals in that organization, if the number of individual is large enough to be potentially meaningful.
- If it is desired, response data can be removed from FDL’s research database. Send an email to Data Protection Officer at [email protected] requesting that your data be removed.
When you choose to receive marketing communications. If you sign up to receive our marketing communications, we may collect information on the open rate of the communications, and whether a specific individual has clicked on a link contained in a particular communication. FLD also uses a third-party marketing database management program that deploys a cookie when a user interacts with a marketing communication, such as a marketing email or a marketing-based landing page on our website. This cookie collects personal information such as your name, which pages you visit on the FLD website, your history arriving at the FLD website, your purchases from the FLD website, and the like. We use this information to evaluate the effectiveness of our marketing campaigns. You may set your browser to block these cookies. (See our Cookie Policy.)
When you fail to provide personal data. Where we need to collect personal data by law or under the terms of a contractual arrangement, and you fail to provide that data when requested as being mandatory, we may not be able to fulfill the terms of the contract or relationship that we have with you.
3. HOW AND WHY WE USE YOUR PERSONAL DATA
Cookies. We use first-party cookies set by ourselves only. Please note, however, that our website may include links to third-party websites, plug-ins, and applications. These websites, plug-ins, and applications may use cookies over which we have no control. You may, however, restrict or block third-party cookies through your browser settings, and such blocking of cookies of third parties should not affect the functionality and use by you of our website. Learn more about cookies and how FLD uses them by reading our.
4. WHO WE TRANSFER YOUR PERSONAL DATA TO
We may have to share your personal data with third parties for processing or sub-processing purposes. We undertake a selection process and periodic review in relation to processors and sub-processors. We enter into data processing agreements with both processors and controllers, as applicable.
FLD does not rent or sell information to any outside organizations. FLD will share your personal information with third parties only in the ways that are described in this privacy policy. FLD also limits the information it collects to the minimum necessary to provide outstanding service, such as providing customer support or offering key products and services. All financial information given to FLD is kept secure. FLD has partnerships with third parties where basic contact information and data are shared to deliver contracted services and research with FLD customers. These companies are authorized to use your personal information only as necessary to provide these services to us.
FLD may also disclose personal information:
- As required by law, such as to comply with a subpoena or similar legal process
- When it is believed in good faith that disclosure is necessary to protect our rights, protect others’ safety, investigate fraud, or respond to a government request
- If FLD is involved in a merger, acquisition, or sale of all or a portion of its assets, users will be notified via email and/or a prominent notice on our website of any change in ownership or uses of personal information, as well as any choices users may have regarding their personal information
- To any other third party for whom users or customers have given prior consent
5. INTERNATIONAL TRANSFERS OF PERSONAL DATA
Your personal data may be transferred to and stored outside the country where you are located. This includes countries outside the European Economic Area (EEA) and countries that do not have laws that provide specific protection for personal data. When we collect your personal data, transfer will only be:
- To a recipient located in a country which provides an adequate level of protection for your personal data; and/or
- Under a contract with the recipient of the data, which means the recipient must protect the data to the same standards as required within the EEA, such as standard contractual clauses approved by the European Commission.
6. HOW WE KEEP YOUR DATA SECURE.
We are committed to ensuring the security of processing and the ongoing confidentiality, integrity, availability, and resilience of systems and services, as such relate to personal data that we hold, in order to prevent accidental or unlawful destruction, loss, alteration, or unauthorized disclosure or access.
In our roles as both controller and processor, we implement appropriate technical and organizational measures to ensure a level of information security appropriate to the risk. Our IT infrastructure and software applications are built to provide secure deployment of services, encrypted storage of back-up data with end-user privacy safeguards, encrypted communications between services, and safe operation by customers.
Our staff, associates, and consultants are bound to comply with confidentiality provisions and our privacy policy. Our policies specifically address responsibilities and expected behavior with respect to the protection of confidential information.
We have procedures for incident and breach investigation and notification. Where our assessment of the likely risk to the individuals involved concludes that a breach of personal data may result in a high risk to the rights and freedoms of individuals, we shall promptly inform individuals (and associated controllers and the relevant supervisory authority where applicable) of any such breach, as required by law and in accordance with any contractual terms.
Where we have given you (or where you have chosen) a usename and/or password which enables you to access certain parts of our websites, or use our products and services, you are responsible for keeping he username and password confidential. You should not share these details with anyone.
7. DATA RETENTION
We will retain your personal information on our systems only for as long as we need it, given the purposes for which it was collected, or as required to do so by law. FLD will retain and use this personal information as necessary to comply with legal obligations, resolve disputes, and enforce our agreements.
8. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These rights are set out below. If you wish to exercise any of the rights set out below, please contact our Data Privacy Manager at [email protected].
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
Request access to your personal data
(Commonly known as “subject access request” or SAR). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request rectification of the personal data that we hold about you
This enables you to have any incomplete or inaccurate data we hold about you rectified, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data
This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data
This enables you to object to processing where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling
legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data
This enables you to ask us to suspend the processing of your personal data in the following scenarios:
a) if you want us to establish the data’s accuracy;
b) where our use of the data is unlawful but you do not want us to erase it;
c) where you need us to hold the data even if we no longer require it as you need to establish, exercise, or defend legal claims; or
d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Withdraw consent
You may withdraw consent at any time where we are relying on consent as the legal basis on which we process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdrew your consent. If you withdraw your consent, we may not be able to provide certain services or products to you. We will advise you if this is the case at the time you withdraw your consent.
Where we are a processor in respect to your personal data, we will inform the relevant controller of your request and assist and co-operate with the controller for them to fulfill the request.
Further information
We may need to request specific information from you to help us confirm your identity or verify your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right
to receive it.
9. EXERCISING YOUR RIGHTS
An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his query to us and/or the Data Protection Officer at [email protected]. If the customer requests FLD to remove the data, a response will be provided within one month of their request.
10. HOW TO CONTACT US
If you have a question about our policy, our processing or would like to exercise one of your rights set out above, do not hesitate to contact our Data Protection Officer by email: [email protected]
When you send us an application relating to your rights, please provide us with your full contactbdetails (name, surname, email address[es], full postal address).
Also, our contact address in the USA is:
Fénix Leadership & Development, LLC
5200 Pooks Hill Road
Bethesda, MD 20814
11. CALIFORNIA’S SHINE THE LIGHT LAW
California Civil Code Section 1798.83, known as the “Shine the Light” law, permits users wo are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, FLD currently does not share any personal
information with third parties for their own direct marketing purposes.
12. GOVERNING LAW
Without prejudice to the application of European or national data protection laws and regulations, the laws of the State of Maryland and as applicable, those of the United States of America, govern the use of the FLD services. All claims brought in the United States will be subject to the jurisdiction of the courts of the State of Maryland, without prejudice to your right to lodge a complaint with a competent data protection authority or with a competent court in the European Union for data protection-related matters.