Olenick Privacy Notice
1. About Olenick
Olenick is a group of companies comprised of Olenick & Associates, Inc. of 205 W Wacker Drive, Suite 1600, Chicago, IL 60606, Olenick Global Ltd. of 26 Linenhall St., Ground Floor, Belfast BT2 8BG, and Olenick Global S.A. of Paraguay 577 – Piso 9 Oficina B, Buenos Aires, Argentina.
Any reference in this notice to ‘we’, ‘us’, or ‘our’, shall be a reference to any or all of the companies referred to above; and any reference to a ‘Group Company’ shall be a reference to one of the companies in the Olenick group.
We provide a range of services to our clients, including software testing and quality assurance, system integration, dev ops, software engineering, training and management consulting through the placement of Employees or otherwise. From time to time we might also source permanent members of staff for our clients.
The nature of our services means it is likely that we will collect and store ‘personal data’. That is: data about an identifiable individual.
2. About this Privacy Notice
This Privacy Notice is intended to inform you about our privacy practices including details of the personal data we collect, use, disclose, and transfer, as well as choices you can make and rights you can exercise in relation to your personal data.
This Privacy Notice applies generally to the processing activities of each Olenick Group Company, in respect of any personal data collected via Olenick websites and domains; personal data obtained in connection with job applicants, existing and former staff; as well as personal data obtained in connection with the provision of any of Olenick’s services, applications and products.
Additional information has been provided in paragraph 10, which shall apply only to the handling of personal data collected from or about individuals located in the EU or where the Group Company collecting or processing the personal data is located in the EU.
We might need to change this Privacy Notice from time to time. We will publish our Privacy Notice on our website (available at www.olenick.com) and do our best to update you directly if we think the changes might affect you. Please do keep an eye on this Privacy Notice before sending us any personal data.
3. Who we hold personal data about
It is likely that we will process personal data in connection with our services. This Privacy Notice explains how we will use any personal data we hold on the following groups of people:
- Clients: any businesses (including key contacts) that enter into a contract for services with us;
- Prospective Clients: key contacts in businesses we think may be interested in receiving our services, but which are not in contract with us;
- Applicants: anyone who submits their details to us for the purpose of working for Olenick or who we think might be interested in doing so; and
- Employees: any individuals engaged by us whether directly or through a company and whether as a resource (providing outsourced activities for a Client) or an employee providing internal services to Olenick.
4. What personal data we hold
I. For Clients and Prospective Clients this might include:
- Identity data of their key contacts, such as full names, e-mail addresses, telephone numbers
- Information about their business, workforce and needs
- Information about their requests, disputes, complaints or feedback
- Information about their marketing preferences
- Payment details
- Transaction data about services they have purchased
- Any information which they or their staff provide us with when they contact us, whether by post, email, or telephone
II. For Applicants this might include:
- Identity and contact data, such as full names, e-mail addresses, telephone numbers
- Information about their location
- Information relating to their work experience
- Any other information set out in any CV they provide
- Any information they provide us with when they contact us, by mail, e-mail or telephone
- Any information provided to us by their references or recruiters
- Information obtained from publicly available resources such as business websites and social media sites
III. For Employees (in addition to the information listed in (II) above), this might include:
- Social Security Numbers
- Information regarding their eligibility to work in the country
- Details of next of kin and emergency information
- Marital status and dependents
- National insurance number
- Bank account, payroll records and tax status information
- Salary, annual leave, pension and benefits information
- HR details relating to job performance, sick leave and other employment records as well as disciplinary and grievance information
- Information about an employee’s use of information and communications systems
- Results of HMRC employment status check.
We may also collect, store and use more sensitive types of information, including:
- Information about your race or ethnicity, religious beliefs and political opinion
- Medical information
- Information about criminal convictions and offences
IV. We may collect some information about visitors to our website. This may include:
- Any personal information voluntarily submitted using the Contact Us link, including first name, last name, email address, and phone number
- Usage data about how a website visitor uses our website
- Traffic data, which may include information about websites, ads or links clicked on by the user before, during, or after visiting our website
- Technical data, which may include information about the device used by the user to access our website. This may include using Google Analytics. For more information about what cookies we use, please see our Cookies Policy, which can be accessed here.
5. How we use personal data
We collect and use personal data only to the extent required to provide our products or services, to fulfill our legitimate interests of running a successful business, and/or to comply with applicable laws and regulations.
With respect to our Clients and Prospective Clients, we may process personal data for the following activities:
Olenick Services: This shall include any processing activities which we need to carry out in accordance with any contract (and statement of work) entered into with our Client. This may also include contacting you to notify you about any changes to our services or to provide maintenance or support.
Administration and Dispute Resolution: We may also need to process personal data about you to meet our internal administration requirements and for matters such as dispute resolution or credit control.
Marketing: From time to time we might contact you by telephone or email about updates to our services, new features or functions, or new products we are releasing. We will always include the right to opt out in any such correspondence.
With respect to Applicants and Employees, we may use Personal data for the following activities:
Processing any application we receive in relation to a position: If you are applying for a position which we are advertising, this may include carrying out due diligence (checking references) and passing your name and CV to the relevant Client.
Human Resources purposes: This may include holding an HR file which contains details of positions undertaken, payments/salary, bonuses and any disputes.
Processing salary payment or fee payment: This may include us using bank details provided to us by an Employee.
Applicant tracking: If you have agreed that we may do so, we will add you to our database of Applicants and may contact you by email or telephone if a position becomes available which we think may be of interest to you. We will always give you the option to opt out of receiving any further communications.
From time to time, we may also contact you to make sure you would still like to remain on our database and to confirm that the information we hold is up to date.
Administration and Dispute Resolution: We may also need to process personal data to meet our internal administration requirements, to comply with legal, regulatory and corporate governance obligations and good practices, for matters such as dispute resolution and credit control, and/or for operational reasons, such as recording transactions, training and quality control, and credit checking.
In some instances we may need to process particularly sensitive personal information about our Employees. We would not do this unless it was necessary for performing or exercising our rights in connection with employment. On rare occasions, there may be other reasons for processing, such as, it is in the public interest to do so (such as equality monitoring purposes, assessing fitness to work, providing appropriate workplace adjustments, managing sickness absences and health insurance).
6. Who we share Personal Data with
We may disclose personal data to our employees, other Group Companies and third parties who or which are contracted to help us provide our services. Olenick’s headquarters are based in Chicago, USA and run by Olenick & Associates, Inc., which provides IT infrastructure and hosting services to the Olenick group. All such parties will be contractually bound to use the data only in accordance with the transferring party’s instructions and to implement adequate security measures.
We may share personal data with third parties in the following circumstances:
I. If we are under a legal duty to do so or if it is required to enforce or apply our contracts or to protect the operation of our website, or the rights, property or safety of us or others.
II. If we sell, transfer, or merge parts of our business or our assets. If a change happens to our business, then the new owners will be entitled to use personal data only in accordance with the provisions set out in this Privacy Notice.
III. To the relevant Olenick Group Company if it is necessary to process your application. The entity may be based in a country which does not provide the same level of data protection as the country in which you are located. We will take steps to ensure the personal data we transfer is adequately protected as required by applicable data protection laws. Where required by local law, we will request your consent to transfer your personal data.
IV. If you have agreed to be placed with a Client, we will transfer your name and CV to the named Client for use by the Client in connection with the services provided.
7. How to access, update, or delete personal data
Olenick strives to keep your personal data accurately recorded. If we hold any of your personal data, have the right to access and request a copy of the personal data we possess, to require us to correct any data held about you which is inaccurate or incomplete, and, in certain circumstances, the right to have your personal data erased from our records.
If you would like to exercise of any of these rights, you should contact us immediately at EmployeeServices@Olenick.com or gdprteam@Olenick.com. If you do contact us with a request, we will take reasonable steps to verify your identity, such as the requirement of a photo ID, before granting access to your personal data.
If you are located in the EU, you may have additional rights in respect of the personal data we hold about you. Please see paragraph 10 below.
8. How we keep personal data secure
When collecting or transferring sensitive information, we use a variety of additional security technologies and procedures to help protect your personal data from unauthorized access, use, or disclosure. The personal data you provide us is stored on computer systems locked in controlled facilities which have limited access. Access to your information is restricted to Olenick employees or authorized third parties who need to know that information in order to process it for us, and who are subject to strict confidentiality obligations. When we transmit sensitive information over the internet, we protect it through the use of encryption, such as the Transport Layer Security (TLS), Internet Protocol Security (IPSec), or Secure Socket Layer (SSL).
9. How long we keep personal data
Typically, we keep personal data for the length of any contractual relationship and, to the extent permitted by applicable laws, after the end of that relationship for as long as necessary to perform purposes set out in this Privacy Notice, to protect Olenick from legal claims and administer our business. When we no longer need to use personal data, we will delete it from our systems and records or take steps to anonymize the data unless we need to keep it longer to comply with a legal or regulatory obligation.
10. Additional information for individuals in the European Union
The following provisions shall apply in respect of any processing activities carried out by any Group Company which are governed by the General Data Protection Regulation (GPDR).
10.1 Data Protection Officer
Olenick has appointed a Data Protection Officer (DPO) to comply with the GDPR. If you have any questions or concerns about how we are using your personal data, please contact our Data Protection Officer by emailing: gdprteam@Olenick.com or writing to:
Olenick & Associates, Inc.
Attn: Data Protection Officer
205 W. Wacker, Suite 1600
Chicago, IL 60606 U.S.A.
Olenick Global Limited (OGL) is responsible for dealing with Clients and Prospective Clients based in the EU. Accordingly, for the purposes of the GDPR, OGL shall be acting as the ‘controller’ in respect of personal data collected and used by OGL in connection with the entering into and performance of those contracts as well as the processing of personal data relating to its Employees and any Applicants who are either based in the EU or have expressed an interest in providing services for a Client based in the EU.
Olenick & Associates, Inc. (OAI) shall be acting as a controller in respect of its use of any personal data relating to individuals based in the EU which it collects:
- via its website, www.olenick.com and processes for its own purposes (such as in use of statistical data to construct a marketing strategy); and
- in respect of an Applicant who wishes to provide services to a Client based in the US.
OAI has registered with the Privacy Shield. A copy of its Privacy Shield Notice can be accessed here.
10.3 Lawful bases to process personal data.
We process personal data relating to our Clients and Prospective Clients on the following legal bases:
- Performance of a contract or taking steps necessary to enter into a contract: This may include setting you up as a client, collecting information about staff members to enable us to contact the correct people as well as notifying you about any changes to our services, maintenance or support.
- Legitimate interest of running an efficient and effective business: This is likely to include processing to meet our internal administrative requirements as well as processing for dispute resolution purposes and/or credit control. It may also include emails which we send out from time to time for marketing purposes to notify our Clients or Prospective Clients about updates to our services, new features or functions or new products we are bringing out. We will always include the right to opt out in any such correspondence.
- Consent: We may also rely on obtaining your consent for use of your data for marketing purposes. If we do, you will be entitled to withdraw your consent at any time, and this will not affect your ability to receive any services with which we have agreed to provide you.
We process personal data relating to Applicants and Employees on the following legal bases:
- Legitimate Interest of running an efficient and effective business. We may process your personal data as required to pursue our legitimate business interests (provided this is not overridden by the interests or rights of relevant individuals). This may include holding an HR file which contains details of positions undertaken, payments/salary, bonuses and any disputes, or processing personal data to meet our internal administration requirements, and/or comply with legal, regulatory and corporate governance obligations and good practices.
- Performance of a contract. If you are applying for a position which we are advertising, this may include carrying out due diligence (checking references) and passing your name and CV to the relevant Client. In order to process salary payment or agreed fees, we may use bank details provided to us by an Employee.
- Legal obligation. From time to time, we may contact you to make sure you would still like to remain in our database and to confirm that the information we hold is up to date. This is necessary to comply with our legal obligation of ensuring your consent remains valid and the data we hold on you is accurate and up to date.
- Consent. We may process your personal data where you have provided your consent. In particular, we may process such data in order to process any application we receive from you in relation to a position, which may mean transferring the application to one of our Group Companies based outside the EEA. Furthermore, if you have agreed that we may do so, we will add you to our database of Applicants and may contact you by email or telephone if a position becomes available that we think may be of interest to you. We will always give you the option to opt out of receiving any further communications.
For more details, please refer to our employee handbook.
10.4 Transfers outside the EEA
Our headquarters are based in our Chicago office, run by Olenick and Associates, Inc. (OAI). OAI is responsible for managing the Olenick website as well as providing our IT infrastructure, which means that our data is held in servers in the US. We will only transfer personal data outside the EEA where adequate safeguards have been put in place (or, where applicable, with your explicit consent).
10.5 The rights of a data subject in respect of their personal data
Individuals located in the EU have the following rights in respect of the personal data we hold about them (as a controller).
The right to:
- be informed about what personal data Olenick collects and stores about you and how it’s used;
- request access or copies of personal data Olenick processes about you;
- require Olenick to rectify the personal data held by Olenick, if inaccurate or incomplete;
- require Olenick to delete your personal data. This right is not absolute and may depend on the lawful basis for the processing. For instance, we may need to keep your personal data to comply with a legal obligation;
- restrict the processing of your personal data by Olenick, in certain circumstances. For instance, if you contest the accuracy of your personal data, you may request that we restrict processing of your personal data for the time enabling us to verify its accuracy;
- data portability, to the extent the personal data was provided in a structured, commonly used and machine-readable format;
- object to automated processing of your personal data, that is, the right not to be subject to a decision based solely on automated processing (including profiling) which produces legal effects (or other similar significant effects) on you;
- object to direct marketing by Olenick, including profiling in connection with that purpose.
If you would like to exercise any of these rights, please contact us immediately at gdprteam@Olenick.com. If you do contact us with a request, we will need evidence that you are who you say you are to ensure compliance with data protection legislation.
We will confirm to you in writing to acknowledge receipt of any request we receive relating to your rights as a data subject, and we will let you know if we have complied with your request. If, having carried out an assessment, we believe we have an overriding reason for retaining the data, we will let you know why we have reached that conclusion.
10.6 Complaint with a supervisory authority
If you have any questions or concerns about how we process the personal data we hold about you, please contact our DPO immediately at gdprteam@Olenick.com or you can write to us at the address in section 11 of this Privacy Notice.
If you wish to make a complaint about how we have handled your personal data, you may do so by lodging a complaint with the supervisory authority, which in the UK is the Information Commissioner’s Office https://ico.org.uk/concerns/.
11. How to contact us
We value your opinions. If you have any questions about our Privacy Notice, any concerns or complaints regarding our collection and use of your personal data, or wish to report a possible breach of your privacy, please contact us by email to gdprteam@Olenick.com or write to us at the appropriate address below. We will treat your requests and complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to address your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.
Canada and United States: South America: Europe:
Olenick & Associates, Inc. Olenick Global S.A. Olenick Global Limited
205 W. Wacker Drive, Suite 1600 Paraguay 577 – Piso 9 Oficina B 26 Linenhall St., Ground Floor
Chicago, IL 60606 Buenos Aires, Argentina Belfast BT2 8BG