Last modified: December 1, 2022
This Policy applies to the information we collect:
- in connection with our search, assessment, leadership consulting, executive succession, board evaluation, and other services (the "Services"), whether we are in the process of recruiting you as a Candidate for a role with a Client, assessing you as an employee of a Client, identifying exceptional Candidates for you as a Client, retaining you as a Vendor; and
- in email, text, and other electronic messages between you and Modern; and when you visit our website (https://www.modernexecutivesolutions.com/ ) or any other website operated by Modern (collectively the "Website") and in the usual course of our business, such as in connection with our events and marketing activities.
Who We Are
Modern is a global executive search and advisory solutions firm built to positively disrupt the talent industry by integrating talent, strategic advisory and 100-day coaching into a single process. We work with public, private, and non-profit organizations across all industries and regions. As a firm, we are committed to a relentless effort to increase the diversity and inclusive culture of boardrooms and leadership teams while giving back to education and career focused charitable organizations. Modern is headquartered in the United States with offices in multiple locations throughout the world. You can find out more about our business and the Services on our Website.
How To Contact Us
Please feel free to contact us with any comments, questions, complaints, or suggestions you might have regarding the information or practices described in this Policy.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us via email at email@example.com or mail at Modern Executive Solutions LLC, Attn: DCO, 3343 Peachtree Rd NE, Ste. 145-338, Atlanta, Georgia 30326.
If you are resident in the EEA, you may also write to us at the following address:
MES-UK Limited , Attn: DCO, 22 Chancery Lane, London, WC2A 1LS, United Kingdom
NOTICE REGARDING CHILDREN UNDER THE AGE OF 16
Our Services and Website are not intended for children under 16 years of age. No one under the age of 16 may use our Services or provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website, register on the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at firstname.lastname@example.org.
California residents under 16 years of age may have additional rights regarding collecting and selling their personal information. Please see “Your State Privacy Rights” section below for more information.
Information We Collect Through Our Website and How It Is Used
This Section applies to personal information that we collect and process through our Website in the usual course of our business, such as in connection with our events and marketing activities.
What Personal Information Do We Collect?
Information you provide to us: Certain parts of our Website may ask you to provide personal information voluntarily. For example, we may ask you to provide your contact details (like your name, email address, and phone number) to complete surveys, subscribe to marketing communications (like newsletters), submit inquiries, or otherwise communicate or interact with us.
We may also collect personal information from you offline, such as when you attend one of our events. You are not obligated to provide Modern any information or participate in any of the Services we offer. As such, we will consider any information we collect directly from you as having been provided voluntarily. If, however, you are unwilling to provide us with certain requested information, please understand that this may limit your ability to participate in the Services.
Information we collect automatically: When you visit our Website, we may collect certain information automatically from your device. In some countries, including countries in the European Economic Area, this information may be considered personal information under applicable data protection laws. Such automatically collected information may include your IP address, device type, unique device identification numbers, browser type, general geographic location (e.g., country or city-level location), or other technical information. We may also collect information about how your device has interacted with our Website, including the pages or content accessed and links clicked.
Collecting this information enables us to understand better the visitors who come to our Website, where they come from, and what content on our Website is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our Website to our visitors.
Some of this information may be collected using cookies and similar tracking technology, as explained further under the heading "Cookies and Similar Tracking Technology" below.
Cookies and Similar Tracking Technology
How Do We Use Your Personal Information Collected Through Our Website?
We typically use the personal information we collect through our Website in the usual course of our business for the following reasons: (i) to respond to a request that you sent us, such as a request for information about our Services; (ii) to provide, administer, protect, and improve our Website and our Services; (iii) to better understand the preferences of our Website visitors; (iv) to compile aggregated statistics about Website usage; (v) to provide you with marketing and promotional communications (this is in accordance with your marketing preferences); or (vi) for other business purposes such as data analysis, identifying usage trends, determining the effectiveness of our marketing, and enhancing, customizing and improving our Websites, products, and services.
Information We Collect Related to the Services and How It Is Used
This Section applies to information we collect and process about Candidates, Clients, and Vendors while providing the Services.
What Personal Information Do We Collect?
Information Candidates provide to us: If you are a Candidate, you may provide personal information to us; for example, when you upload your résumé into our Candidate Portal through our Website, email your résumé to a Modern search consultant, speak with a Modern search consultant, or communicate with us in any way in connection with the Services. Further, as described below, we may obtain information about you from other sources.
You are not obligated to provide Modern any information or participate in any of the Services we offer. As such, we will consider any information we collect directly from you as having been provided voluntarily. If, however, you are unwilling to provide us with certain requested information, please understand that this may limit our ability to consider you in connection with the Services.
The information we may collect for all Candidates typically includes:
- Contact details: such as your name, email address, postal address, and telephone number.
- Résumé information: such as your contact details, employment history, educational history, professional qualifications, as well as languages, and other skills and activities.
- Identification data: such as your civil/marital status, photograph, date of birth, gender, national origin, corporate identifier, national identifier (i.e., social security number or equivalent in your country, driver's license, or national ID/passport number).
- General preferences and personality profile: such as community involvement and memberships, hobbies, social activities, individual preferences, intellectual capacity, personality, behavior, executive competencies, or character traits.
- Health and diversity information: where appropriate and in accordance with local law, we may also collect information related to your health or diversity information (including racial or ethnic origin, religious or other similar beliefs, and physical or mental health, including disability-related information).
- Criminal conviction information: where appropriate and in accordance with local law, we may also collect information related to any criminal convictions you may have.
- Financial information: to reimburse expenses incurred in connection with the Services (e.g., travel, lodging, or meal costs when attending an interview with a Client), we may collect certain financial information needed to document the expense and reimburse you (e.g., bank account number or credit card number).
- Other information: such as your prior military service, compensation, and benefit details (where permitted by local law), performance history, details of any dependents, immigration status, and any other relevant information you may choose to share with us. We may also keep a record of your marketing preferences and our contact history with you.
Information we collect from third-party sources about Candidates: We may collect any of the above personal information about you from publicly available sources and third parties, including, under the following circumstances: (i) our Clients may share personal information about you; (ii) we may obtain information about you from publicly available third party sources (e.g., LinkedIn, Google); and (iii) we may source personal information about you from our third-party data providers, and degree verification/background check providers. When we obtain information about you from third-party providers or vendors, we take appropriate steps to ensure that such third parties are legally permitted to disclose such information to us.
Information Clients provide to us: Our Clients may provide us with personal information about specific Candidates in connection with our Services (for example, they may provide us with a list of Candidates they would like us to assess through the Services). We typically process this personal information as a processor on our Client's behalf. We use that information to provide the Services to our Client and as instructed by our Client. Under these circumstances, it is our Client, as the controller, that controls what personal information about you we collect and how we use it. If you have privacy-related questions or concerns about a Client's privacy practices or the choices a Client has made to share your information with us or any other third party, you should reach out to the Client or review their privacy policies. We are not responsible for the privacy or security practices of our Clients, which may differ from those outlined in this policy.
Information Clients provide to us: We need to collect and use information about you or individuals at your organization while providing the Services to you. We generally only need to have your contact details or the details of individual contact(s) at your organization (such as name, telephone number, email address, and job title) to ensure that our relationship runs smoothly. We also hold information relating to your engagement with Candidates and may keep a record of our contact with you. We may also hold extra information about you that someone in your organization has chosen to tell us.
Information we collect from third-party sources about Clients: Where appropriate and in accordance with local laws and requirements, we may seek more information about you or your colleagues from other sources, generally by way of due diligence or other market intelligence, including: (i) from third-party market research and by analyzing online and offline media; (ii) from attendee lists at relevant events; or (iii) from other limited sources and third parties.
Information provided to us because of a referral: In securing a reference for one of our Candidates, we may process the contact details of the person making the referral (such as name, email address, and telephone number). We may also process specific professional details and the connection to the Candidate. We generally ask the Candidates to provide us with much of this information, but we may supplement it with information we collect from publicly available sources.
Information Vendors provide to us: We may need a small amount of information from our Vendors to ensure that things run smoothly. We may need the contact details of relevant individuals at your organization to communicate with you. We also may need other information, such as your bank details so that we can pay for your services.
How Do We Use Your Personal Information?
We may use the personal information we collect through our Services in several ways.
We typically use Candidate data for the following purposes:
- Search & Leadership Consulting Activities: to network with and profile potential or current Candidates to connect you with employment opportunities; to provide our Clients with the Services, including assessing your suitability for executive roles with a Client; contacting you about board and executive search or assessment assignments conducted for Clients; sending your information to our Clients; or verifying the details you have provided. We may also use your personal information for other business purposes such as data analysis, identifying usage trends, creating anonymized data sets for research, statistics, and analytics purposes, creating knowledge pieces (such as white papers), determining the effectiveness of our Services, or to enhance, customize, and improve our features, products, and services.
- Marketing Activities: to send you information (such as reports, promotions, research, white papers, events, and general information about, for example, relevant industry sectors) that we think you may find interesting (in each case, in accordance with your marketing preferences).
- Equal Opportunity Monitoring: to ensure that our recruitment processes are aligned with our commitment to ensuring equal opportunities. Some of the data we may collect about you (in appropriate circumstances and in accordance with applicable local law) falls under the "diversity information" umbrella. This could be information about your ethnic background, gender, disability, age, sexual orientation, religion or other similar beliefs, or social-economic background.
Some of this information is considered 'sensitive' personal information, so slightly stricter data protection will apply. Where the law requires, we will obtain your explicit consent before using it.
Where appropriate and in accordance with local laws and requirements, we will use this information to provide our Clients with diverse pools of qualified Candidates. We may also disclose this data (suitably anonymized where appropriate) to Clients where this is contractually required, or the Client specifically requests such information to enable them to comply with their employment processes or legal requirements – but again, only in a manner that is in accordance with applicable local law.
We may also collect other sensitive personal information about you, such as health-related information, religious affiliation, or details of any criminal convictions if this is appropriate under local law and is needed for the role we are recruiting you for. We will never do this without your explicit consent.
We typically use Client data for the following purposes:
- Search & Leadership Consulting Activities: to provide the Services to your organization; to manage our relationship and account with you and your organization; or for our other business purposes such as data analysis, identifying usage trends, creating anonymized data sets for research, statistics and analytics purposes, creating knowledge pieces (like white papers), determining the effectiveness of our Services, or to enhance, customize, and improve our features, products, and services; and
- Marketing Activities: to send you information (such as reports, promotions, research, white papers, and event invitations) that we think you may find interesting (in each case, this is in accordance with your marketing preferences)
We typically use Vendor Data: (i) to store (and update when necessary) your details in our database so that we can contact you concerning our agreements; (ii) to obtain support and services from you; (iii) to perform certain legal obligations; (iv) to help us target appropriate marketing campaigns; and (v) to help us establish, exercise, or defend legal claims.
How We Share Your Information and Who We Share It With
We may share your personal information with the following types of third parties for the purposes described in this Policy:
- We may share your information with any competent law enforcement body, regulatory or government agency, court, or other third parties where we believe disclosure is necessary as a matter of applicable law or regulation; to exercise, establish, or defend our legal rights; or to protect your vital interests or those of any other person.
- In the case of Candidates, we may share your information with Clients who will need to process your information for the purposes we have described in this Policy.
- In the case of Candidates, we may share your information with third parties we have retained to provide services such as background checks, employment authorization checks, degree verification checks, or license verification checks, to the extent that these checks are appropriate and follow local laws.
- We may share your information with third-party service providers (our Vendors) who perform functions on our behalf (including external consultants, business associates, and professional advisers, such as lawyers, auditors, accountants, technical support providers, and third-party travel agencies, outsourced IT and document storage providers).
- We may share your information with a potential buyer (and its agents and advisers) in connection with any proposed purchase, merger, or acquisition of any part of our business, provided that we inform the buyer that it must use your personal information only for the purposes disclosed in this Policy.
- We may share your information with our marketing partners to send emails on our behalf.
- We may share information with any other person with your consent.
We do not use your information for purposes incompatible with those outlined in this Policy.
International Data Transfers
Your personal information may be transferred to and processed in countries other than where you reside. These countries may have data protection laws that are different from the laws of your country (and, in some cases, may not be as protective).
Specifically, our servers are in the United States, and our third-party service providers and partners operate worldwide. This means that when we collect your personal information, we may process it in any of the countries where we are located or where our service providers are located.
However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Policy. These include implementing the European Commission's Standard Contractual Clauses for transfers of personal information between our group companies, which require all group companies to protect personal information they process from the EEA in accordance with European Union data protection law.
Our Standard Contractual Clauses are available upon request. We have implemented similar appropriate safeguards with our third-party service providers and partners, and further details are available upon request.
Legal Basis For Processing Personal Information (If You Are Resident in the EEA)
If you are a resident of the European Economic Area, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms (for example, in connection with the Services, we typically rely on our legitimate interests to process personal information for our Search & Leadership Consulting Activities and where permitted by law, certain marketing activities).
When required by law, we will collect certain categories of personal information only where we have your consent to do so (for example, if we need to collect and process any sensitive personal information or special category information about you). In some limited cases, it may be necessary for us to process personal information and, where appropriate and in accordance with local laws and requirements, sensitive personal information in connection with exercising or defending legal claims
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, don't hesitate to get in touch with us at email@example.com or Modern Executive Solutions LLC, Attn: DCO, 3343 Peachtree Rd NE, Ste. 145-338, Atlanta, GA 30326.
How Long Do We Keep Your Personal Information?
We will retain the information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with the Services or to comply with applicable legal, tax, or accounting requirements) in line with our data retention policies. Our maximum retention period, absent an ongoing legitimate business need, is seven (7) years.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
If you have any questions about how long we retain your personal information, you may contact us using the contact details provided.
How Do We Keep Your Personal Information Secure?
We strive to take appropriate technical and organizational measures to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Transmissions over the Internet are not entirely secure or error-free. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information and to help ensure that your data is safe, secure, and only available to you and to those with authorized access. If you have any questions about the security of your personal information, you may contact us using the contact details provided in this Policy.
Your Data Protection Rights
For questions related to your data protection rights under the Policy or to exercise any of the rights under the Policy, please contact us at: firstname.lastname@example.org Modern Executive Solutions LLC, Attn: DCO, 3343 Peachtree Rd NE, Ste. 145-338, Atlanta, GA 30326.
You have the following data protection rights:
- If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided below. Consistent with applicable law, when asked to remove a record from our database, Modern will retain minimal personal information to prevent future contact, keep a record of the information disclosed to our Clients and Candidates, and preserve Modern's interests in accordance with any applicable legal requirements. If you are a California resident, you can submit a request to exercise your access and deletion rights with respect to your personal information by contacting us using the contact details provided. Please note that before processing your request, we may take reasonable steps to verify your identity.
- In addition, if you are a resident of the European Economic Area, you can object to processing your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details below.
- You have the right to opt out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. To opt out of other forms of marketing, don't hesitate to contact us using the contact details provided.
- Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted before your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. If you withdraw your consent to our policy, you will not be able to be a part of a Modern search, assessment or leadership project.
- In addition, if you are a resident of California, you have the right to opt-out of the "sale" of your personal information. Under the CCPA, "sale" is broadly defined to mean the sharing of personal information with third parties who are not acting as our service providers. This may include our sharing of your information with prospective employers. If you are a California resident and would like to opt-out of information sharing for purposes that may be a "sale" under California law, you may do so by contacting us using the contact details provided.
- You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
- We respond to requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Consistent with applicable law, we do not discriminate (as defined in applicable law) against individuals for exercising their legal rights with respect to their personal information.
Important Note to EEA residents:
If you are a visitor to any of our Websites, the controller of your personal information is Modern Executive Solutions LLC.
If you are a Candidate, the controller and the processor of your personal information is typically the Modern entity that contacts you.
If you are a Client, the controller of your personal information is typically the Modern entity that is engaging with and managing the relationship with you.
Your State Privacy Rights
State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents' privacy rights, visit https://oag.ca.gov/privacy/ccpa.
Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:
- Confirm whether we process their personal information.
- Access and delete certain personal information.
- Data portability.
- Opt-out of personal data processing for targeted advertising and sales.
Colorado, Connecticut, and Virginia also provide their state residents with rights to:
- Correct inaccuracies in their personal information, considering the information's nature and processing purpose.
- Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.
To exercise any of these rights, or similar rights in another jurisdiction, please send an email request to email@example.com .
Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: firstname.lastname@example.org.
In this Policy, the following terms have the meanings set forth below
- "We”, “Us”, or “Our” refers to Modern Executive Solutions LLC.
- “You”, “Your” refers to Clients, Candidates, Vendors, individuals who access the Website or otherwise engage Modern related to the Services or provide information to Modern protected under this Policy.
- "Client" means any of our clients and their employees who are looking to recruit or assess executives and to whom we provide the Services.
- "Candidate" means any candidate, applicant, prospect, or Client employee who is considered, evaluated, or assessed by Modern in connection with the Services.
- "Vendor" means any entity other than Modern that provides products or services to Modern pursuant to a contract with Modern.
Updates To This Policy
We may update this Policy from time to time in response to changing legal, technical, or business developments. When we update our policy, we will take measures we deem appropriate to inform you of any material updates to this Policy.
From time to time, we may refer to this Policy in notices and consent requests, for example, related to Candidate searches or surveys. Under such circumstances, this Policy applies as modified in the notice or consent request.
The current version of this policy is available on the Website. You can see when this Policy was last updated by checking the "Last Updated" date displayed at the top of this Policy.