Section 1. Introduction
OPEN MIND CONSULTING GROUP is dedicated to protecting the confidentiality and privacy of information entrusted to it. As part of this fundamental obligation, OPEN MIND CONSULTING GROUP is committed to the appropriate protection and use of personal information (hereinafter referred to as “personal data”,) that has been collected both online and offline.
We hereby inform you about the processing of your personal data, and your rights according to the provisions of Regulation (EU) 2016/679 – the General Data Protection Regulation (“GDPR”), the national law for the enforcement of the provisions of GDPR, as well as according to any other decision that may be adopted by the National Authority for Personal Data Processing Surveillance with respect to the protection of personal data.
Generally, we collect only the personal data that is voluntarily provided by clients or potential clients, business partners, employees, potential employees, collaborators or online visitors of our web site so that we can offer information, provide services, carry out contractual relationships, promote our services, and offer information about employment opportunities. In addition, we need to receive certain personal data in order to be able to render the services agreed upon with clients or to comply with different legal obligations.
Please review this privacy statement ("Privacy Statement") to learn more about how we collect, use, share and protect the personal data that we have obtained.
Section 2. The legal grounds we have to use your personal information
OPEN MIND CONSULTING GROUP generally collects only the personal information necessary to fulfill your request. Where additional, optional information is sought, you will be notified of this at the point of collection.
The law allows us to process personal information, as long as we have a legal ground to do so. It also requires us to tell you what those grounds are. As a result, when we process your personal information, we will rely on one of the following processing conditions:
• Entering into a contract: this is when the processing of your personal information is necessary for us to take steps at your request in order to enter into a contract;
• Performance of a contract: this is when the processing of your personal information is necessary in order to perform our obligations under a contract;
• Legal obligation: this is when we are required to process your personal information in order to comply with a legal obligation, such as keeping records for tax purposes or providing information to a public body or law enforcement agency;
• Legitimate interests: we will process information about you where it is in our legitimate interest in running a lawful business to do so in order to further that business, as long as it doesn’t outweigh your interests; or
• Your consent: in some cases, we will ask you for specific permission to process some of your personal information, and we will only process your personal information in this way if you agree to us doing so. You may withdraw your consent at any time by contacting OPEN MIND CONSULTING GROUP at [email protected]
Examples of the ‘legitimate interests’ referred to above are:
• To offer information and/or services to individuals who visit our website to the extent allowed by the law or offer information about employment opportunities.
• To prevent fraud or criminal activity and to safeguard our IT systems.
• To customize the individual’s online experience and improve the performance usability and effectiveness of OPEN MIND CONSULTING GROUP's online presence.
• To meet our corporate and social responsibility obligations.
• To exercise our fundamental rights in the EU under Articles 16 and 17 of the Charter of Fundamental Rights, including our freedom to conduct a business and right to property;
• To maintain the security of premises and staff of OPEN MIND CONSULTING GROUP;
• To conduct compulsory risk management procedures.
Section 3. Personal Data Processing Within Professional Services, Business Activities and Employment Relations
3.1. Categories of processed personal data
The categories of personal data that may be processed by OPEN MIND CONSULTING GROUP are the following:
• Identification or contact personal data such as name, date of birth, nationality, series and number of the identity card, personal identification number (CNP or other), place of birth, photo, domicile, residence or correspondence address, email address, telephone number etc.;
• Personal data regarding professional qualifications such as certificates/attestations/study diplomas and/or professional development diplomas;
• Data localization such as remote desktop location data, GPS data;
• Financial data, bank account and other payment details, salary, benefits, shares, etc.;
• Civil status or family data such as number of children or other persons in care;
• Electronic identification details such as IP address, cookies, web beacons, as detailed under Section 4 below;
• Video or other data in connection with visitors to OPEN MIND CONSULTING GROUP’s premises.
In some cases, the personal data that we collect will also include special categories of data, such as diversity related information (including data about racial and ethnic origin, political opinions, religious beliefs and other beliefs of a similar nature, trade union membership and data about sexual life and sexual orientation), or health data and data about alleged or proven criminal offences in each case where permitted by law.
With respect to the special categories of data that we may process, we inform you that the legal ground on which we may rely on is (i) your consent, (ii) the legal obligation that we have to process such categories of data, or (iii) the processing is necessary for the establishment, exercise or defense of legal claims.
3.2. Categories of data subjects and purposes for the processing of personal data
Web site visitors – As detailed under Section 4 below.
• Business Contacts
OPEN MIND CONSULTING GROUP collects and processes the personal data of potential, current and past business partners and contacts from such data subjects directly or from third parties, for the purpose of continuing, establishing and renewing communication with those business partners and contacts under the legal grounds of either (i) consent (ii) legitimate interest.
• Clients and data subjects associated with clients
OPEN MIND CONSULTING GROUP collects and processes the client’s personal data, or personal data of the client’s representatives, contact persons, client’s personnel, including collaborators for, among others, the following purposes: (i) providing professional services – in order to establish, carry out and terminate the contractual relationship; (ii) conducting compulsory risk management formalities – in order to implement an effective global/regional risk assessment process that monitors and identifies mitigation solutions for key risk areas, to build an ethics and compliance culture consistent with OPEN MIND CONSULTING GROUP’s core values, protect the brand and reputation of OPEN MIND CONSULTING GROUP, and act in accordance with the ethical and other professional standards expected of a professional service provider; (iii) providing, on the basis of consent, clients with newsletters and/or other marketing materials – to this extent, OPEN MIND CONSULTING GROUP provides business contacts with periodical newsletters, information relating to OPEN MIND CONSULTING GROUP’s professional services and products, events and activities, etc.; (iv) for OPEN MIND CONSULTING GROUP’s compliance with the obligations imposed by the law and by the regulatory bodies to which OPEN MIND CONSULTING GROUP is subject, such as anti-money laundering and anti-terrorism financing obligations, the obligation to report to the tax authorities; (v) analysing and improving our services and communication to you, including conducting surveys on clients’ satisfaction regarding the services rendered by OPEN MIND CONSULTING GROUP; (vi) exercising or defending our legal rights, or to comply with court orders. OPEN MIND CONSULTING GROUP collects personal data directly from clients or from third parties which are acting on behalf of clients.
The processing for these purposes is concluded, as appropriate, under one or more of the following legal grounds: (i) your consent, (ii) for the purpose of entry into or performance of a contract; (iii) the legal obligation that we have to process such categories of data, or (iv) our legitimate interest (v) the processing is necessary for the establishment, exercise or defense of legal claims.
• Suppliers and subcontractors
OPEN MIND CONSULTING GROUP collects and processes personal data relating to its suppliers, including subcontractors, and the personal data of their representatives, and contact persons, strictly for the performance of the contractual relationship.
OPEN MIND CONSULTING GROUP collects and processes the suppliers/subcontractors’ personal data for the following purposes: (i) providing professional services to clients through subcontractors, (ii) for the performance of the contract concluded by OPEN MIND CONSULTING GROUP with suppliers, (iii) conducting compulsory risk management formalities (iv) providing suppliers/subcontractors with newsletters and/or other marketing materials (v) to exercise or defend our legal rights, or to comply with court orders; (vi) to comply with the obligations imposed by the law and by the regulatory bodies which we are subject to. The processing for these purposes is concluded, as appropriate, under one or more of the following legal grounds: (i) your consent, (ii) for the purpose of entry into or performance of a contract; (iii) the legal obligation that we have to process such categories of data, or (iv) our legitimate interest (v) the processing is necessary for the establishment, exercise or defense of legal claims.
• Employment Candidates
OPEN MIND CONSULTING GROUP collects and processes candidates’ personal data as included in the CV and cover letters submitted to us, as well as any other potential information provided to us.
To this extent, OPEN MIND CONSULTING GROUP processes such personal data strictly for the purpose of conducting the selection, recruitment and hiring process or for the organization of internships, based on consent.
• Visitors to OPEN MIND CONSULTING GROUP’s premises
OPEN MIND CONSULTING GROUP has in place security measures, including registration at the reception, CCTV and, if necessary, identification of the visitors by our security personnel. OPEN MIND CONSULTING GROUP collects and processes visitors’ personal data for the purpose of ensuring the security of OPEN MIND CONSULTING GROUP’s premises, assets and personnel. The processing for these purposes is concluded, as appropriate, under one or more of the following legal grounds: (i) the legal obligation that we have to process such categories of data, or (ii) our legitimate interest.
Section 4. Personal Data Processing within the usage of this website
4.1. The protection of personal data on our website
The protection of your privacy while using our website is extremely important for us. Accordingly, we wish to provide you with detailed information regarding the processing of personal data.
4.2. Data security and integrity
OPEN MIND CONSULTING GROUP has reasonable security policies and procedures in place to protect personal information from unauthorized loss, misuse, alteration, or destruction. Despite OPEN MIND CONSULTING GROUP's best efforts, however, security cannot be absolutely guaranteed against all threats. To the best of our ability, access to your personal information is limited to those who have a need to know. Those individuals who have access to the data are required to maintain the confidentiality of such information.
In order to protect your data, we have adopted technical and organizational measures, especially against loss, tampering or unauthorized access. The measures adopted are regularly verified and are adapted constantly in accordance with the latest applicable technical standards.
4.3. The collection and processing of personal data
• Data provided by you
We obtain personal data about you if you choose to provide it — for example, to contact mailboxes or to register for certain services. In some cases, you will have previously provided your personal information to OPEN MIND CONSULTING GROUP (if, for example, you are a former employee). If you choose to register or login to a OPEN MIND CONSULTING GROUP web site using a third party single sign-in service that authenticates your identity and connects your social media login information (e.g., LinkedIn, Google, or Twitter) with OPEN MIND CONSULTING GROUP, we will collect any information or content needed for the registration or log-in that you have permitted the social media provider to share with us, such as your name and email address. Other information we collect will depend on the privacy settings you have set with your social media provider, so please review the privacy statement or policy of the applicable service.
When you register or submit personal data to OPEN MIND CONSULTING GROUP we will use this information in the manner outlined in this Privacy Statement. Your personal information is not used for other purposes, unless we obtain your permission, or unless otherwise required or permitted by law or professional standards. For example, if you register on a OPEN MIND CONSULTING GROUP web site and provide information about your preferences we will use this information to personalize your user experience. Where you register or login using a third party single user sign-in we may also recognize you as the same user across any different devices you use and personalize your user experience across other OPEN MIND CONSULTING GROUP sites you visit. If you send us a resume or curriculum vitae (CV) to apply online for a position with OPEN MIND CONSULTING GROUP, we will use the information that you provide to match you with available OPEN MIND CONSULTING GROUP job opportunities.
In some cases where you have registered for certain services we will store your email address temporarily until we receive confirmation of the information you provided via an email (i.e. where we send an email to the email address provided as part of your registration to confirm a subscription request).
• Automatic collection of personal information
• IP addresses
An IP address is a number assigned to your computer whenever you access the internet. It allows computers and servers to recognize and communicate with one another. IP addresses from which visitors appear to originate will be recorded for IT security and system diagnostic purposes. This information will also typically be used in aggregate form to conduct web site trend and performance analysis.
• Social media widgets and applications
OPEN MIND CONSULTING GROUP web sites will typically include functionality to enable sharing via third party social media applications, such as the Facebook Like button and Twitter widget. These social media applications will collect and use information regarding your use of OPEN MIND CONSULTING GROUP web sites (see details on 'Social Sharing' cookies above). Any personal information that you provide via such social media applications will often be collected and used by other members of that social media application and such interactions are governed by the privacy policies of the companies that provide the application. We do not have control over, or responsibility for, those companies or their use of your information.
In addition, OPEN MIND CONSULTING GROUP web sites may host blogs, forums, crowd-sourcing and other applications or services (collectively "social media features"). The purpose of social media features is to facilitate the sharing of knowledge and content. Any personal information that you provide on any OPEN MIND CONSULTING GROUP social media feature will typically be shared with other users of that social media feature (unless otherwise stated at the point of collection), over whom we often have limited or no control.
OPEN MIND CONSULTING GROUP understands the importance of protecting children's privacy, especially in an online environment. In particular, our sites are not intentionally designed for or directed at children under the age of 18. It is our policy never to knowingly collect or maintain information about anyone under the age of 18, except as part of an engagement to provide professional services.
In general, you are not required to submit any personal information to OPEN MIND CONSULTING GROUP, but OPEN MIND CONSULTING GROUP will also ask for your permission for certain uses of your personal information, and you can agree to or decline those uses. If you opt-in for particular services or communications, such as an e-newsletter, you will be able to unsubscribe at any time by following the instructions included in each communication. If you decide to unsubscribe from a service or communication, we will try to remove your information promptly, although we may require additional information before we can process your request.
• Links to other sites
All processing activities as mentioned in this section are concluded, as appropriate, under one or more of the following legal grounds: (i) your consent, (ii) for the purpose of entry into or performance of a contract; (iii) the legal obligation that we have to process such categories of data, or (iv) our legitimate interest (v) the processing is necessary for the establishment, exercise or defense of legal claims. By registering on any OPEN MIND CONSULTING GROUP web site and then navigating to another OPEN MIND CONSULTING GROUP web site while still logged in, you agree to the use of your personal information in accordance with the Privacy Statement of the OPEN MIND CONSULTING GROUP web site you are visiting.
Section 5. Sharing and transfer of personal information
5.1. Transfer within the network of OPEN MIND CONSULTING GROUP firms
We share information about you with other member firms of the OPEN MIND CONSULTING GROUP network as part of international engagements, and with OPEN MIND CONSULTING GROUP International and other member firms where required or desirable to meet our legal and regulatory obligations around the world. Other parts of the OPEN MIND CONSULTING GROUP network are also used to provide services to us and you, for example hosting and supporting IT applications, provision of certain forms of insurance for member firms and their clients, performing client conflicts checks and Anti-Money Laundering checks, assisting with client engagement services and otherwise as required in order to continue to run OPEN MIND CONSULTING GROUP’s business.
5.2. Transfers to third parties
We do not share personal information with third parties, except as necessary for our legitimate professional and business needs, to carry out your requests, and/or as required or permitted by law or professional standards.
OPEN MIND CONSULTING GROUP will not transfer the personal information you provide to any third parties for their own direct marketing use. All processing activities as mentioned in this section are concluded, as appropriate, under one or more of the following legal grounds: (i) your consent, (ii) for the purpose of entry into or performance of a contract; (iii) the legal obligation that we have to process such categories of data, or (iv) our legitimate interest (v) the processing is necessary for the establishment, exercise or defense of legal claims.
Section 6. Your rights
If OPEN MIND CONSULTING GROUP processes personal information about you, you have the following rights:
• Information: you have the right to be informed on the personal data processing operations carried out by OPEN MIND CONSULTING GROUP.
• Access: you have the right to access to that data. This is sometimes called a ‘Subject Access Request’. If we agree that we are obliged to provide personal information to you, we will provide it to you free of charge. Before providing personal information to you, we may ask for proof of identity and sufficient information about your interactions with us so that we can locate your personal information.
• Correction: If the information we hold about you is incorrect, you are entitled to ask us to correct any inaccuracies in the personal information.
• Deletion: you have the right to require OPEN MIND CONSULTING GROUP, without unjustified delays, to erase your personal data, in the following circumstances:
- your personal data is no longer required for the accomplishment of the purposes for which it has been collected or processed by OPEN MIND CONSULTING GROUP;
- you withdraw the consent based on which the personal data processing has taken place;
- you object to the personal data processing based on legitimate interests and there are no overriding legitimate grounds for the processing;
- you object to the personal data processing based on direct marketing purposes, which includes profiling to the extent that it is related to such direct marketing;
- your personal data has been unlawfully processed;
- your personal data has to be erased for compliance with a legal obligation which binds OPEN MIND CONSULTING GROUP.
• Restriction of processing: you have the right to require OPEN MIND CONSULTING GROUP to restrict processing where one of the following applies:
- the accuracy of your personal data is contested by you, for a period enabling OPEN MIND CONSULTING GROUP to verify the accuracy of the personal data;
- the processing is unlawful and you oppose the erasure of your personal data and request the restriction of its use instead;
- OPEN MIND CONSULTING GROUP no longer needs the personal data for the purposes of the processing, but the data is required by you for the establishment, exercise or defense of legal claims;
- you object to the processing based on legitimate interests, pending the verification of whether the legitimate grounds of OPEN MIND CONSULTING GROUP override your legitimate interests.
• Portability: you have the right to receive your personal data provided to OPEN MIND CONSULTING GROUP, in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller, if the technical means allow for such an operation. You have such a right when the personal data processing is based on your consent or when the processing is carried out by automated means.
• Objection: you have the right to object, on grounds relating to your particular situation, to the processing based on the legitimate interests of OPEN MIND CONSULTING GROUP. OPEN MIND CONSULTING GROUP shall no longer process your personal data unless it demonstrates compelling legitimate interests for the processing, which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
• Automated individual decision-making including profiling: you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects upon you or similarly significantly affects you.
• Lodge claims: you have the right lodge a complaint with the competent authority in charge of protecting personal information, the National Authority for Personal Data Processing Surveillance.
You can make a request or exercise these rights by contacting OPEN MIND CONSULTING GROUP at [email protected] and we will make all reasonable and practical efforts to comply with your request, so long as it is consistent with applicable law and professional standards.
Section 7. Retention period
OPEN MIND CONSULTING GROUP has implemented technical and organizational measures for the retention of your personal data. Thus, we shall retain your personal data in accordance with the provisions of the Retention Data Policy applicable at the level of OPEN MIND CONSULTING GROUP.
However, we will cease to process any of your personal data as long as it is not required for the purposes established or when you withdraw your consent, this being the legal basis for the processing, and (i) there are no compelling legitimate grounds for OPEN MIND CONSULTING GROUP to continue the processing which override your interests, rights and freedoms or (ii) if the personal data is no longer required for the establishment, exercise or defense of legal claims.
Section 8. Changes to this statement
OPEN MIND CONSULTING GROUP may modify this Privacy Statement from time to time to reflect our current privacy practices. When we make changes to this statement, we will revise the "updated" date at the top of this page. Any changes to the processing of personal data as described in this Privacy Statement affecting you will be communicated to you through an appropriate channel, depending on how we normally communicate with you.
Section 9. Policy questions and enforcement
OPEN MIND CONSULTING GROUP is committed to protecting the privacy of your personal information. If you have questions or comments about our administration of your personal information, please contact us at [email protected] You may also use this address to communicate any concerns you may have regarding compliance with our Privacy Statement.
We will acknowledge your email within 14 days and seek to resolve your concern within one month of receipt. Where the concern is complex or we have a large volume of concerns, we will notify you that the concern will take longer than one month to resolve, and we will seek to resolve your concern within three months of the concern first being raised. We may accept your concern (and in that case implement one of the measures set out in the ‘Your Rights’ section above), or we may reject your concern on legitimate grounds. You may also lodge a complaint with the local Data Protection Authority at the following contact details:
The National Supervisory Authority For Personal Data Processing
Address: 28-30 G-ral Gheorghe Magheru Bld., District 1,
Post Code 010336, Bucharest, Romania
Email: [email protected],
Telephone number: +40.318.059.211