This Privacy Statement regulates the processing of personal data by The Presence Group SA, with registered office at Boulevard Marcel Cahen 27B, L-1311 Luxembourg, registered in the RCS under the number B150064, email: contact@presencegroup.eu, URL: https://www.presencegroup.eu, hereinafter referred to as ‘The Presence Group’.

Unless otherwise stated, The Presence Group is responsible for the processing of personal data that it collects and to which this Privacy Statement applies.

This Privacy Statement is drafted in the context of the General Data Protection Regulation of 24 May 2016, with regard to the protection of privacy in the processing of personal data and the Law of 30 July 2018, concerning the protection of natural persons with regard to the processing of personal data, and explains what personal data The Presence Group collects and how it uses it. Please read this Privacy Statement carefully, as it contains essential information on how your personal data will be processed.

The Presence Group does its utmost (1) to respect your privacy and your rights to control your personal data and (2) to inform you about how your data is processed.

1. PERSONAL DATA

As data controller, The Presence Group processes data that you voluntarily provide when you contact The Presence Group via the chat function or the contact forms on the website, within the framework of a cooperation, or a transfer of information that is necessary for the execution of the services provided by The Presence Group.

More specifically, The Presence Group can process the following personal data, among others: name, date of birth, e-mail address, telephone number, account details and professional function.

The Presence Group also processes sensitive personal data in the context of customer management, specifically trade union membership.

In addition, The Presence Group automatically collects data about the use, access or interaction with its website through cookies and similar technologies (such as Google Analytics), for example to monitor the functioning of the website, or in order to detect fraud and/or security breaches, by means of IP addresses and browser data.

Finally, The Presence Group can receive information about you from other sources, including third parties, such as partners with whom it jointly provides services and activities or executes marketing activities. The Presence Group may also receive information about you from social media (including: Meta (Facebook, Instagram and Threads), Microsoft (LinkedIn), X (formerly Twitter), YouTube and Xing), for example when you communicate with The Presence Group on those platforms. The Presence Group protects the data that it receives from third parties in the same way as described in this Privacy Statement.

2. SECURITY AND STORAGE

The Presence Group takes the processing of your personal data very seriously and endeavors to provide the necessary technical and organizational measures to protect your personal data and help prevent theft, misuse and unauthorized access, disclosure, modification and deletion of your information. The Presence Group regularly monitors its systems for possible safety risks and attacks. However, The Presence Group cannot guarantee the security of the collected data. In case of an infringement, it will deal with the issue quickly and thoroughly, and the parties involved will be informed. However, The Presence Group cannot be held liable for any direct, indirect or consequential damage or loss of profits caused by the incorrect or unlawful use of the personal data by a third party.

The collected personal data are stored and processed in Europe, at the registered offices of The Presence Group, or with external service providers who are also based in Europe.

Some data is stored and processed by external service providers outside of the European Union. If the data is held by external service providers with servers outside the European Union, The Presence Group assumes that an equivalent level of protection to that required in the European Union is applied to the processing of this data. To that end, when your personal data is transferred to countries outside the European Economic Area, appropriate safeguards in accordance with article 46 GDPR, such as standard contractual clauses with additional safeguards, for example encryption or pseudonymization of personal data (with the encryption key remaining in the EU) or in accordance with article 45 GDPR, namely adequacy decisions, may be used, if necessary.

For more information thereon, The Presence Group refers to the privacy statement of the external service providers.

3. ACCESS AND TRANSFER TO THIRD PARTIES

In order to process your personal data, The Presence Group grants, only when necessary to fulfil the processing purposes, access to its employees, appointees, suppliers, subcontractors and partners. However, The Presence Group guarantees a similar level of protection by making contractual obligations enforceable against these parties which are similar to those contained in this Privacy Statement.

The personal data you provide will not be shared with third parties, except in the framework of the execution of the agreement, the services provided by The Presence Group and/or regarding external suppliers, including practical tools that perform services for or with The Presence Group, such as processing of billing or payment data, website management and hosting, e-mail communication and overall administration.

However, The Presence Group will only share your personal data when necessary, such as to provide services that you have authorized, and only with parties acting on its behalf for the purposes described in this Privacy Statement. In that case, your personal data will be shared with these parties, but only for the execution of services on behalf of The Presence Group.

Finally, and only to the extent required by law or strictly necessary for the performance of the services or for the protection of the rights of The Presence Group or the rights of its affiliated third parties or its customers, The Presence Group will provide your personal data to law enforcement agencies, research organizations, its affiliates or in court proceedings, including (judicial) reorganisation, bankruptcy or transfer of business. If necessary and insofar as possible, The Presence Group will always try to inform you in advance of a potential transfer.

4. COOKIES

By using the website of The Presence Group, cookies can be placed on the hard drive of your device.

As a user of the website you will be asked to give your consent for the loading of certain cookies. This can be done via a pop-up when the website is visited, with reference to the Cookie Policy for more information. The further surfing of the website will not be prevented, but in case of refusal, only functional cookies can be placed.

The website of The Presence Group also uses marketing or advertising plug-ins like Meta (Facebook, Instagram and Threads), Microsoft (LinkedIn), X (formerly Twitter), YouTube, Xing and Google Analytics. By placing these plug-ins your personal data can be collected and transmitted to these third parties. In accordance with Article 26 of the General Data Protection Regulation of 24 May 2016, with regard to the protection of privacy in the processing of personal data and the law, The Presence Group is the data controller together with these third parties. For the rights and obligations of each data controller, The Presence Group refers to the respective privacy statements of these platforms.

For more information about the cookies used, The Presence Group refers to its Cookie Policy, available at https://www.presencegroup.eu/en/cookies.

5. PROCESSING PURPOSES

a) Customer management, personnel management, subcontractors, and supplier management

The personal data collected by The Presence Group in its capacity as data controller are used for the purpose of its services, to manage and process your request or demand for information, or in the context of a cooperation (services execution, invoicing, payment, etc.).

In this context, personal data are processed for customer management, personnel management, and subcontractor and supplier management.

b) Client, prospect and supplier events

Personal data is processed in order to organise client, prospect and supplier events and to inform you about the event details, including date, time, location and agenda.

c) Direct marketing: newsletter and social media

Personal data is processed for the purpose of sending you information about, among other things, The Presence Group itself and (new) services. The Presence Group can also use the data to inform and contact you for marketing and advertising purposes. Depending on the type of communication, The Presence Group may contact you by email, phone, letter, newsletter and/or social media channels.

d) Cookies and website widgets

Your personal data is also used to guarantee your access to the website and to ensure the correct functionality of the website by having the possibility to inform you about updates, new functionalities, etc.

Your data is also processed for the purpose of using website widgets, under the form of marketing or advertising plug-ins on these websites, including Meta (Facebook, Instagram and Threads), Microsoft (LinkedIn), YouTube, Xing and X (formerly Twitter).

e) Contact form and website chat box

Furthermore, The Presence Group can also process your data resulting from the information you provide via the contact form and chat box on the website, insofar as you have given your consent to that effect.  

f) Security, settlement of disputes and compliance with legislation

Finally, The Presence Group endeavors to offer the necessary security and safety, and the data can also be used in the context of settling disputes, fraud detection, other legal purposes and to comply with applicable legislation.

6. LEGAL GROUNDS

The collected personal data are processed on the basis of article 6.1.a and article 9.2.a (consent), article 6.1.b (necessary for the execution of an agreement), article 6.1.c (necessary to comply with legal obligation imposed on the data controller) and article 6.1.f (legitimate interests) of the General Data Protection Regulation.

Taking into account the processing purposes as defined above, the processing of personal data is done for the purposes of:

  • Customer management, personnel management, and subcontractor and supplier management pursuant to article 6.1.b GDPR (necessary for the performance of the agreement). You are not obligated to transfer to The Presence Group the personal data necessary for the performance of the agreement. However, note that in the absence of this, The Presence Group will potentially not be able to perform certain services or fulfil certain agreements.

    In the context of customer management, The Presence Group will also process sensitive data of its customers, specifically trade union membership data, pursuant to article 9.2.a GDPR (consent).
  • Client, prospect and supplier events pursuant to article 6.1.b GDPR (necessary for the performance of the agreement) and article 6.1.f GDPR (legitimate interest).
  • Direct marketing: newsletter and social media pursuant to article 6.1.a GDPR (consent) and pursuant to article 6.1.f (legitimate interests). You can give your consent for social media by ticking the checkbox when the website is visited. If you give your consent, you are free to withdraw your consent at any time. For the newsletter, you can give your consent via a checkbox on our forms on the website. You can unsubscribe at any time via a link at the bottom of our newsletters.
  • Cookies and website widgets pursuant to article 6.1.a GDPR (consent). Functional cookies are necessary for the proper functioning of the website and cannot be refused. Other cookies will only be placed if you have actively given your consent for such cookies to be placed. Also as far as website widgets are concerned, such as Meta (Facebook, Instagram and Threads), Microsoft (LinkedIn), X, Xing and Youtube, among others, your personal data, in particular the information generated by the cookies on the use of the website, will only be collected and forwarded to these third parties to the extent you have actively given your consent for it. You can give your consent by checking the checkbox in a bar at the bottom or the top of the website. If you give your consent, you are free to withdraw your consent at any time.
  • Contact form and website chat box pursuant to article 6.1.a (consent).
  • Security, settlement of disputes and compliance with legislation pursuant to article 6.1.c GDPR (necessary to comply with legal obligation imposed on the data controller) and pursuant to article 6.1.f (legitimate interests) to exercise a right of defence.

If your data is processed on the basis of consent, this Privacy Statement and the opt-in system used ensure that you can give your consent freely, explicitly, unambiguously, actively and informed.

7. DATA STORAGE PERIOD

The personal data processed by The Presence Group in its capacity as data controller will be stored for as long as necessary for the realization of the purposes for which the data are collected and in order to, among other things, comply with legal and accounting requirements.

The data processed for the purposes of direct marketing, client and supplier events or obtained through the website will be stored by The Presence Group for a maximum period of two (2) years. With regard to processing of data of customer management and personnel management, the data will be stored for a maximum period of ten (10) years. Lastly, the data regarding subcontractor and supplier management will be stored for a maximum period of seven (7) years.

After these periods, The Presence Group will irrevocably delete the data.

8. RIGHTS AND COMPLAINTS OF THE DATA SUBJECT

As a data subject, you are entitled at all times to check the personal data processed by The Presence Group in its capacity as data controller and you can correct them (or have them corrected) if they are incorrect or incomplete, have the data transferred, have their processing limited or have them removed (in certain circumstances). Furthermore, you also have the right to object, free of charge, any processing of personal data for the purpose of direct marketing.

The Presence Group does not use data that has been processed exclusively in an automated manner (such as profiling).

Since the processing of the personal data also takes place pursuant to article 6.1.a and article 9.2.a (consent), you always have the right to withdraw the consent given. Keep in mind, however, that you will no longer receive relevant information if you do not give consent to process certain personal data or that The Presence Group won’t be able to perform all its services.

You can also withdraw your consent for promotional mails and marketing sent to you by e-mail using the link at the bottom of each of the e-mails that you receive.

You can exercise the aforementioned rights by notifying The Presence Group by e-mail to contact@presencegroup.eu. You can also use this e-mail address if you have any further questions or complaints.

In case we are not able to meet your request, you can file an official complaint with the Data Protection Authority: 15, Boulevard du Jazz, L-4370 Belvaux, tel: (+352) 26 10 60 -1, fax: (+352) 26 10 60 – 6099, URL: https://cnpd.public.lu/fr/commission-nationale.html.

9. CHANGES TO PRIVACY STATEMENT

If necessary, The Presence Group may amend or update this Privacy Statement to reflect changes on the website or in its method of operation. If there are material changes to the way The Presence Group uses or processes your personal data, The Presence Group will notify you by posting a notice of the changes before they come into effect or by sending you a notification directly. The Presence Group encourages you to re-read this statement regularly for more information on how The Presence Group uses and protects your information.

10. CONTACT

For further information, questions or remarks regarding this Privacy Statement of The Presence Group, please contact us by email at contact@presencegroup.eu or via the website https://www.presencegroup.eu.