Privacy notice

The LHoFT Foundation

CO-WORKERS AND FELLOWS

This privacy notice (the Privacy Notice) informs you about the processing of your personal data (i.e. data by which you may be directly or indirectly identified) as well as of your rights in accordance with the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (the GDPR), related guidance and national laws complementing the GDPR (together the Data Protection Legislation) and applies to you if you are an individual related to a co-worker or a fellow (such as legal representative, contact person, director, employee or intern) (the Co-worker, the Fellow or you).

SCOPE :

This Privacy Notice on the protection of personal data is intended to apply to all services and activities of the LHoFT Foundation.

This policy applies to the processing of personal data collected, directly or indirectly, from any person or entity, including applicants, employees, customers, members of the foundation, suppliers and service providers, partners, subcontractors.

1: WHO IS THE DATA CONTROLLER AND WHO TO CONTACT?

You are hereby informed and acknowledge that your personal data may be collected and processed (i.e. used, stored, transmitted, etc.) by:

Fondation The LHoFT, a Luxembourg “foundation,” having its registered address at 9, rue du Laboratoire, L-1911 Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg Register of Commerce and Companies under the registration number G239, hereby represented by the LHoFT.

in accordance with the provisions of this Privacy Notice and the Data Protection Legislation.

We act as data controller when processing your Personal Data (as defined below).

If you have any questions or comments or want to exercise your rights detailed above, you may contact us by post at our registered address indicated above or by e-mail using the following address [email protected].

2: WHAT PERSONAL DATA IS PROCESSED?

The following categories of personal data (the Personal Data) will be processed:

• contact information such as first name, address, email address and telephone number;
• personal characteristics including date of birth, gender, nationality;
• government issued identifiers such as passport, identification card, tax identification number, national insurance number;
• tax domicile and other tax related information;
• the function and powers of representation;
• information obtained through access badges (except for fellows);
• Electronic identifying data such as IP addresses, cookies, logs, device identifiers, online identifiers to the LHoFT platform.
• CV, motivation letter, references, diplomas, and any other information for recruitment purposes.
• Your image

We collect these Personal Data in a variety of ways, including from you directly or from third parties.

3: FOR WHAT PURPOSES IS PERSONAL DATA BEING PROCESSED ?

We process Personal Data about you for the following reasons.

(a)   For compliance with legal and regulatory obligations

We process Personal Data to comply with legal and/or regulatory obligations such as accounting obligations, Labor Law obligations, tax obligations, to comply with requests from Luxembourg regulatory, government and/or judicial authorities.

(b)   For the purposes of our legitimate interests

• We process Personal Data for risk management and fraud prevention purposes, to manage litigation, in case of a business reorganization or transfer. We may disclose your Personal Data to service providers for the purpose of effecting the processing on our behalf. We will use such information to the extent required for the exercise or defense of legal claims or for the protection of rights of another natural or legal person;
• We  process Personal Data relating to you in our and/or the Co-worker’s and/or the Fellow’s legitimate interest for the purpose of the provision of our services including the provision of office spaces (private office, fixed desk or hot desk) if you are a Co-worker and other services and benefits as further described in the co-worker agreement, the fellow agreement and the membership details form, for internal audit validations, communications and more generally for the performance, management and administration of the services in accordance with the instructions of the Co-worker and/or the Fellow.
• We process your email address for marketing purposes (precisely to send you our newsletters).
• We process your name and email to answer your request via the contact form on our website.
• We process your contact details to schedule appointments and White Papers.

(c) In execution of a contract

We process your contact information, correspondence and other forms of communications, information for recruitment and event purposes on the context of recruitment and in particular when you apply for a job offer on our website. The sending of your CV or a letter of motivation leads to a processing of personal data in execution of a contract and in particular in execution of a pre-contractual measure to your contract.

If you are an employee, we collect your personal data to fulfill our contract obligations including salary, benefits and performance evaluation.

(d)   With your consent 

This includes the use and further processing of your Personal Data with your explicit consent thereto (which consent may be withdrawn at any time, without affecting the lawfulness of processing based on consent before its withdrawal), e.g. for the purpose of receiving marketing materials (e.g. about products and services of our service providers or commercial partners), information about promotional offers or recommendations about services.

In the event that you have agreed to participate in an event organized by the LHoFT, you may have been the subject of an untargeted photo or video capture for which you have previously given your consent by accepting our Terms & Conditions. No further processing such as publication for commercial purposes will be done without your express consent. However, as a further processing of personal data, you will be asked, when participating in events, if you wish to give your consent for the purpose of publishing a video or photo in which you appear as a result of a non-targeted shooting. You may at any time exercise your rights under point 9.

4: DO I HAVE THE OBLIGATION TO PROVIDE THE DATA?

The Personal Data that is required for the performance of the contract with the Co-worker and/or the Fellow and that is required for the LHoFT to comply with its legal obligations is mandatory information.

Without the provision of this Personal Data, the entering into or continuance of the execution of the contract with the Co-worker and/or the Fellow may not be possible.

5: WITH WHOM MAY PERSONAL DATA BE SHARED?

We may disclose your Personal Data to the following recipients:

• the respective members of the Foundation, agents, employees, consultants, representatives of the LHoFT on a need-to-know basis;
• our affiliates, as the case may be;
• any of our professional advisors (auditor, tax, and legal advisors) including their respective advisers, auditors, delegates, agents, and service providers;
• services providers (e.g. such as IT suppliers, software providers) that process Personal Data on our instructions;
• our partners, collaborators, and sponsors;
• visitors of the LHoFT website;
• accountants;
• parties involved in the context of a company restructuring, transfer, divestiture, fusion, or acquisition;
• government, judicial, social security and supervisory authorities (including the CNPD, tax authorities, etc.).

6: WHERE IS PERSONAL DATA TRANSFERRED TO?

For the purposes listed above, your Personal Data may be transferred to any of the aforementioned recipients in any jurisdiction, including in countries outside of the European Economic Area.

The LHoFT takes comprehensive technical and organizational measures to protection your personal data and will only disclose your personal data to third parties that align with the same standard of technical and organizational measures. The LHoFT will not sell, distribute, or make available your personal data to third parties outside of its own organization without your prior consent, unless obligated to do so under law, codes of conduct and professional practice or a court order. In any case, the LHoFT will take appropriate measures to safeguard the confidentiality and security of personal data as much as possible.

If additional transfer of your personal data should take place to a country outside the EEA, we will implement adequate safeguards to protect your personal data. In this respect and in any event, appropriate information by means of an information notice will be communicated to you in order to inform you about the possibility of such a transfer.

If you would like more information on this subject, including a copy of the documents used to protect your personal data, you can contact us at the following address: [email protected].

7: FOR HOW LONG IS PERSONAL DATA RETAINED?

The LHoFT will not retain your data for longer than necessary for the purpose as described above. However, LHoFT will be also obligated to retain your personal data if this is necessary to comply with a legal obligation or for security reasons.

Personal data will be retained for the following period:

• If you are a supplier, service providers and/or subcontractors, we will retain your Personal Data for ten (10) years after the end of our contractual relationship with you. Personal Data processed for accounting purposes the closing of the end of the fiscal year to which they relate.

Notwithstanding the above, Personal Data may be kept for any longer period as may be imposed or permitted by law, in consideration of the purposes for which they have been collected and the legal limitation periods (including for litigation purposes). If any relevant legal claims are brought, the LHoFT may continue to process the Personal Data for such additional periods as necessary in connection with such claims.

• If you are a job applicants, we will keep your personal data for up to one year after your application.
• If you are an employee, your personal data will be retained for the duration of the employment period, and following labour law legal obligations, and will be deleted immediately thereafter in accordance with the information notice that you will receive regarding the processing of your personal data in the context of HR processing.
• Regarding the processing of personal data and in particular your image captured in the context of a non-targeted shooting as well as commercial publications are kept for a period of 5 years from the shooting and/or 5 years from the publication of the video in which you appear. However, you can withdraw your consent at any time by exercising the rights listed in point 9.

In any case, we will remove your personal data from our database as soon as we no longer need them to achieve these purposes or when you validly exercise the right to erase your personal data.

Should you wish to know how long your personal data will be kept for specific processes, please contact us at [email protected].

8: TO WHAT EXTEND DO WE USE AUTOMATED DECISION-MAKING OR PROFILING?

In general, we do not use automated individual decision-making or profiling in the course of the relationship with you. If we should rely on such processing in a particular situation, we will inform you separately, insofar we are legally required to do so.

9: YOUR RIGHTS

9.1 Right to access

You may request to obtain at no costs, within reasonable intervals, and in a timely manner, the communication of your Personal Data being processed, as well as all information on the origin of those data.

9.2 Right to rectification

You also have the right to rectify your Personal Data held about you that is inaccurate.

9.3 Right to restrict processing

In cases where the accuracy of the Personal Data is contested, the processing is unlawful, or where you have objected to the processing of your Personal Data, you may ask for the restriction of the processing of such Personal Data. This means that Personal Data will, with the exception of storage, only be processed with or for the establishment, exercise, or defense of legal claims, for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of an EU Member State. In case a processing is restricted, you will be informed before the restriction of processing is lifted.

9.4 Right to erasure

You may request the deletion of Personal Data held about you, without undue delay when the use or other processing of such Personal Data is no longer necessary for the purposes described above, and notably when consent relating to a specific processing has been withdrawn or where the processing is not or no longer lawful for other reasons.

9.5 Right to object

You may object to processing of your Personal Data which is based on the legitimate interests pursued by us or by a third party. In such a case we will no longer process your Personal Data unless we have compelling legitimate grounds for the processing which override your interests, rights, and freedoms or for the establishment, exercise, or defense of legal claims.

Your right to object is not bound to any formalities.

9.6 Right to withdraw consent

You have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. The withdrawal only affects future processing.

9.7 Right to data portability

Where the processing of your data is based on consent or the execution of a contract with you, you also have the right to data portability for information you provided to us – this means that you can obtain a copy of your data in a commonly use electronic format so that you can manage and transmit it to another data controller.

9.8 Right to lodge a complaint

If you wish to make a complaint about how we process your Personal Data, please contact us in the first instance at contact details indicated above and we will endeavor to deal with your request as soon as possible. This is without prejudice to your right to file a complaint with the Luxembourg data protection authority, the Commission Nationale pour la Protection des Données (CNPD), or another European data protection authority (e.g. in your country of residence), in the event you have concerns on the processing of your Personal Data.

CNPD

1, avenue du Rock’n Roll

L-4361 Esch-sur-Alzette

Tél. : (+352)26 10 60-1

https://cnpd.public.lu/fr.html

9.9 Right not to be subject to automated decisions:

You have the right not to be subject to a decision based exclusively on automated processing, including profiling, that produces legal effects concerning you or significantly affects you in a comparable way.

10: COOKIES

Our website may use “cookies”. Cookies are pieces of text that are placed on your computer’s hard drive when you visit certain websites. These cookies may, for example, allow us to track your browsing experience to ensure that your visit is as smooth as possible. We may also use cookies to analyze web traffic for advertising purposes.

Cookies can enhance your browsing experience by saving your preferences when you visit our website. For example, this will save the choice you made on your first visit about consenting to cookies via the cookie banner. You can visit our website and refuse the use of cookies at any time on your terminal.

For more information on the use of cookies by our website, you can consult our Cookie Policy.

To change your cookie preferences, please click on the following link (ADD HYPERLINK)

11: UNSUBSCRIBE TO THE NEWSLETTER

In order to provide you with communications and invitations to events organized by the LHoFT Foundation, we have set up a newsletter. You can subscribe to these newsletters by providing your email address and indicating your consent by checking a box and agreeing to the application of this Privacy Policy.

If you have subscribed to our newsletter and do not wish to receive future emails, you can unsubscribe by clicking on “unsubscribe” at the bottom of the email you receive or please contact us directly at : [email protected].

12: SECURITY OF PERSONAL DATA

The LHoFT undertakes to implement adequate technical and organizational measures to protect personal data against accidental or unlawful alteration or loss, or against unauthorized use, disclosure, or access in accordance with the applicable regulations in force.

To this end, we take all necessary measures under the concept of Privacy By Design and Privacy By Default to implement the necessary safeguards and to secure any processing of personal data.

Where necessary, we carry out a Privacy Impact Assessment to ensure that we adopt the appropriate safeguards and ensure the protection of personal data in accordance with the applicable regulations.

If we contract with subcontractors for all or part of the processing of your personal data, we will require a contractual agreement from our service providers to ensure the security of your personal data that we transfer to them or that they collect on our behalf, in accordance with applicable law.

13: AMENDMENT OF THIS PRIVACY NOTICE

We may periodically update this Privacy Notice from time to time. Therefore, we recommend consulting us on a regular basis, so that you are aware of these amendments.

Changes to this Privacy Notice will be brought to your knowledge by appropriate means.

Updated as of May 2023