Privacy Policy

Last Updated: May 2025

This Privacy Policy describes the Company’s policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal Data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

1 Interpretation and Definitions

1.1 Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2 Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access Our Service or parts of Our Service.

Aggregated Information Data compiled from multiple users in a way that cannot be traced back to an individual, often used for analysis or reporting.

Automated Decision-Making The use of automated systems to make decisions based on Personal Data without human involvement, which users can opt out of under some laws.

Biometric Data Data derived from physical or behavioural traits (e.g., fingerprints or voiceprints) used for identification or analysis.

Children Under 16 refers to individuals below the age of 16 for whom the collection of Personal Data requires parental consent under privacy laws.

Company (referred to as either “the Company”, “we”, “us” or “our” or “BES” or “BES Client Portal” or “BES Portal” or “BES Job Board” in this Agreement) refers to BIPOC Executive Search Inc., 222 Bay Street, Suite 3000, Toronto, ON, M5K 1E7. For the purpose of the GDPR, the Company is the Data Controller.

Contact Details Information such as name, address, email, and phone number used for identification or communication.

Cookies are small files that are placed on Your computer, mobile Device, or any other Device by a website, containing the details of Your browsing history on that website among its many uses.

Cookies Policy / Notice Acceptance Cookies Persistent Cookies used to track whether a user has accepted the use of Cookies on the Website.

Data Controller for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.

Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

Digital Activity Records of browsing history, search history, online behaviour, and interactions with websites, applications, or advertisements.

Financial Incentives Programs that provide benefits or compensation in exchange for Personal Data, which this document states are not offered by BES.

Functionality Cookies Persistent Cookies that remember user preferences, such as login details or language settings, to provide a more personalized experience.

Internet Protocol (IP) A communication protocol for the internet that assigns unique addresses to devices for identification and communication.

IP Address A unique identifier assigned to Your computer or Device that connects to the internet, used to track activity and location.

Lawful Basis The justification under applicable privacy laws (such as GDPR) that allows the processing of Personal Data, such as consent, contract performance, or legitimate interest.

Lawful Data Transfer Mechanism A GDPR-compliant method, such as Model Contractual Clauses, used to ensure the legal transfer of Personal Data to countries outside the EEA.

Necessary / Essential Cookies Cookies required for the basic operation of the Website, enabling features such as navigation or access to secure areas. Without these, the Website cannot function properly.

Nevada Do Not Sell Request A specific opt-out request to prevent the sale of Personal Information as per Nevada state privacy laws.

Non-Discriminatory Treatment The assurance that users will not face negative consequences for exercising their privacy rights.

Opt-Out A user’s right to decline certain data uses, such as targeted advertising or the sale of Personal Information.

Persistent Cookies Cookies that remain stored on Your Device even after You go offline, allowing the Website to remember Your preferences or actions for future visits.

Personal Data is any information that relates to an identified or identifiable individual. For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.

Profile Inferences Insights or summaries created about an individual based on collected Personal Information, used to predict preferences or characteristics.

Profiling The automated processing of Personal Data to evaluate or predict aspects of an individual’s behaviour or characteristics.

Sensitive Information Personal Data that requires higher protection due to its nature, such as race, gender identity, health information, or precise location.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.

Session Cookies Temporary Cookies that are deleted once You close Your web browser, used to maintain functionality during a single session.

Subscriber Rights Specific rights granted to users who have a subscription agreement, which may override general privacy-policy terms.

Third-Party Social Media Services External platforms that may provide Personal Data or interaction details, such as LinkedIn or Facebook; refers to any website or any social-network website through which a User can log in or create an account to use the Service. Tracking Technologies Tools such as Cookies, web beacons, tags, pixels, and scripts used to monitor user activity, gather data about Website use, and improve the Service.

Unsubscribe / Opt-Out The ability for users to decline further marketing communications by selecting a link in emails or contacting the Service Provider.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Website refers to BIPOC Executive Search Inc., accessible from www.bipocsearch.com, www.besclientportal.com, or other websites that We link to this Policy.

You / Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR, You can be referred to as the Data Subject or as the User as You are the individual using the Service.

2 Collecting and Using Your Personal Data

2.1 Types of Data

We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Title
Preferred Pronouns
Phone number (whether mobile, home, or business line)
Address, State, Province, ZIP/Postal code, City
Preferred Industry and Function
Profile
Whether accommodations are required
Characteristics of self-identify (including ethnocultural identity, 2SLGBTQ+ community, gender identity, disability)
Details contained on an uploaded Résumé
Internet Protocol (IP) address used to connect Your computer to the Internet, username or other similar identifier
Billing and account information
Information to comply with Our legal obligations under applicable laws and cooperate with public and government authorities
Information set out in Our applicable Terms of Use
Any other identifier We may use to contact You

2.2 How We Collect Information about You

We use different methods to collect Your information, including through:

Direct interactions with You when You provide it to Us, for example, by filling in forms or corresponding with Us by phone, email, or otherwise.
User contributions. You may also provide information for Us to publish or display on public Website areas or transmit to other Website users or third parties.
Automated technologies or interactions, as You navigate through Our Website. Information collected automatically may include usage details, IP addresses, and information collected through Cookies, web beacons, and other tracking technologies.
Other means of collecting Personal Information or information generally.

2.3 Tracking Technologies and Cookies

We use Cookies and other automatic tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, pixels, scripts or other automatic data-collection technologies to collect and track information about Your equipment, browsing actions, and patterns and to improve and analyse Our Service. These include:

Details of Your visits to Our Website, including traffic data, location data, logs, and other communication data and the resources that You access and use on the Website.
Information about Your computer and internet connection, including Your IP address, operating system, and browser type.

We may also use these technologies to collect information about Your online activities over time and across third-party websites or other online services.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of Our Service.

Cookies can be “persistent” or “session” Cookies. Persistent Cookies remain on Your personal computer or mobile Device when You go offline, while session Cookies are deleted as soon as You close Your web browser.

We use both session and persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: BES

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: BES

Purpose: These Cookies identify if users have accepted the use of Cookies on the Website.

Functionality Cookies

Type: Persistent Cookies

Administered by: BES

Purpose: These Cookies allow Us to remember choices You make when You use the Website, such as remembering Your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter Your preferences every time You use the Website.

Other third-party tools and widgets may be used on Our individual web pages or portions of Our Services to provide additional functionality. Use of these tools or widgets may place a Cookie on Your Device to make their service easier to use, and ensure Your interaction is displayed properly.

2.4 Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service: This includes monitoring the usage of our Service.

For the performance of a contract: This involves the development, compliance, and undertaking of the purchase contract for the products, items, or services You have purchased, or of any other contract with Us through the Service.

To contact You: This may be via email, telephone calls, SMS, or other equivalent forms of electronic communication, such as push notifications from a mobile application. These communications may relate to updates or informative messages about functionalities, products, or contracted services, including security updates, when necessary or reasonable for their implementation.

To provide information: This includes supplying You with news and general information about job opportunities, services, and events We offer, unless You have opted out of receiving such information.

To manage Your requests: To attend to and manage any requests You submit to Us.

To tailor content and resources according to Your preferences: Ensuring that You receive information that aligns with Your interests.

To help Us create, publish, and improve content: Making sure that the content You receive is relevant and useful to You.

To ensure effective presentation: Ensuring that the content provided through the Website is displayed in the most effective manner for You and Your Device.

To notify You about changes: Keeping You informed about changes to Our Website or any products or services We offer or provide through it.

To improve Our offerings: Enhancing Our Website, products or services, marketing, or customer relationships and experiences.

To enable participation in interactive features: Allowing You to take part in interactive features of Our Website, should You choose to do so.

In any other way described when You provide the information: Including stipulations outlined in Our applicable Terms of Use.

For any other purpose with Your consent: Using Your information for additional purposes, provided We have Your express consent.

2.5 Retention of Your Personal Data

BES will retain Your Personal Data only for as long as necessary for the purposes outlined in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with Our legal obligations (for example, if We are required to retain Your data to comply with applicable laws), resolve disputes, and enforce Our legal agreements and policies.

2.6 Transfer of Your Personal Data

BES will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

2.7 Disclosure of Your Personal Data

BES may disclose aggregated information about Our users and information that does not identify any individual without restriction.

We may disclose Personal Information that We collect or You provide, as described in this Privacy Policy, in the following ways:

To our subsidiaries and affiliates.

To Service Providers and other third parties: We use these partners to support Our business (such as analytics and search-engine providers that assist Us with Website improvement and optimization, cloud computing services, data-analytics services, data-storage service providers, performance-monitoring tools, retargeting platforms, sales and marketing tools, testing tools, Website-hosting service providers) and they are contractually obligated to keep Personal Information confidential, use it only for the purposes for which We disclose it to them, and process the Personal Information in accordance with the standards set out in this Policy.

To advertisers and advertising networks: These parties require information to select and serve relevant advertisements to You and others. We do not disclose data about identifiable individuals to advertisers but may provide them with aggregate information about Our users. We may use such aggregate information to help advertisers target a specific audience. Additionally, We may utilize Personal Information We have collected from You to enable Us to display Our advertisers' advertisements to that target audience.

To third parties for marketing: These parties may market their products or services to You if You have consented to these disclosures. We require them to contractually agree to keep Personal Information confidential and use it only for the purposes for which We disclose it to them.

To candidates or clients: This is done in accordance with Our Terms of Service.

To fulfil the purpose for which You provide it: For example, if You ask Us to submit Your Personal Data to a client or candidate, as applicable.

In accordance with applicable law: To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by the Company about Our customers and users is among the assets transferred.

For any other disclosed purpose: This may include purposes disclosed by Us when You provide the information, including in Our applicable Terms of Use.

2.8 Transferring Your Personal Data

BES may transfer Personal Data that We collect or that You provide, as described in this Policy, to contractors, Service Providers, and other third parties We use to support Our business. These parties are contractually obligated to keep Personal Information confidential, use it only for the purposes for which We disclose it to them, and process the Personal Information with the same standards set out in this Policy.

2.9 Data Security

The security of Your Personal Data is very important to BES. We employ physical, electronic, and administrative measures designed to secure Your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. We store all information You provide to Us behind firewalls on Our secure servers, and any payment transactions will be encrypted using SSL technology.

2.10 Accessing and Correcting Your Personal Information

It is important that the Personal Information We hold about You is accurate and current. Please keep Us informed if Your Personal Information changes. By law You have the right to request access to and to correct the Personal Information that We hold about You.

2.11 Withdrawing Your Consent

Where You have provided Your consent to the collection, use, and transfer of Your Personal Information, You may have the legal right to withdraw Your consent under certain circumstances. To withdraw Your consent, if applicable, contact Us by email as indicated in the Contact Us section below. Please note that if You withdraw Your consent, We may not be able to provide You with a particular product or service. We will explain the impact at the time to help You with Your decision.

2.12 B2B Communications

If You represent a prospect, partner, or customer, either prior to entering into an agreement with BES or during a business relationship between BES and the legal entity You represent, We may process Your basic contact details (e.g., Your name, surname, job position, company name, email, and phone number) as necessary to carry out Our joint business relationship.

3 Processing of Your Personal Data

3.1 Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials, and other information that may be of interest to You. You can opt out of receiving any or all of these communications from Us by following the unsubscribe link or instructions provided in any email We send, or by contacting Us directly.

We may use Email-Marketing Service Providers to manage and send emails to You. One such provider is Loxo, which is the applicant-tracking system used by BES. There may be instances where this platform is leveraged while You make use of Our Services. Their Privacy Policy can be viewed at: https://loxo.co/privacy-policy.

4 US State Privacy Law Rights

4.1 California Resident Privacy Rights

If You are a California resident, the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), may provide You with additional rights regarding Your Personal Information. The rights outlined in this section do not apply to information exempted under the CCPA, such as aggregated data, or to individuals who are not residents of California.

To the extent provided under the CCPA, and subject to applicable exceptions, California residents have a right to request information about Our collection, use, and disclosure of their Personal Information. Specifically, California residents have the following rights:

The right to know – the categories and specific Personal Information We have collected; the categories and sources from which it was collected; the business or commercial purpose for collecting or selling (if applicable) that information; and the categories of third parties with whom We share Personal Information.
The right to request a copy of the Personal Information that We collected during the past 12 months.
The right to opt out of the sale of Personal Information or sharing Personal Information for cross-contextual behavioural advertising.
The right to request deletion of Personal Information We collected from You, subject to certain exceptions.
The right to correct inaccurate Personal Information that We maintain about You.
The right to limit disclosure of Your Sensitive Personal Information, if We use or disclose such information.
The right to opt out of automated decision-making, where applicable.
The right to non-discrimination for exercising the rights described above.

We do not “sell” Personal Information as the term “sell” is traditionally understood. However, We use third-party analytics tools and social-media pixels and may use targeted-advertising platforms. To the extent that sharing Personal Information with these services is considered a “sale” under the CCPA, You may opt out of the sale of Your information by contacting Us as directed in the “How to Contact Us” section below.

We have collected the following categories of Personal Information in the past twelve (12) months:

Category	Examples	Collected	Information Disclosed to Third-Party Vendors
Contact Details	Real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, IP address, email address, account name	YES	YES
Personal Information	Name, contact information, education, employment, employment history, and financial information	YES	YES
Protected Demographic Information	Pronouns, race, disability status	YES	YES
Commercial Information	Purchase history, financial details, payment information	NO	YES
Biometric Data	Fingerprints, voiceprints	NO	NO
Digital Activity	Browsing history, search history, online behaviour, interest data, interactions with Our and other websites, applications, systems, and advertisements	NO	NO
Location Data	Device location (not precise geolocation)	YES	NO
Multimedia Content	Images, audio, video, or call recordings created in connection with Our business activities	NO	NO
Business Contacts	Business contact details necessary for providing You Our services at a business level or for employment with Us	YES	YES
Educational Records	Student records and directory information	YES	NO
Profile Inferences	Inferences drawn from collected Personal Information to create a profile or summary about an individual's preferences and characteristics	YES	NO
Sensitive Information	Precise geographic location, contents of electronic messages, information about race, religion, trade-union membership, or sexual orientation	YES	YES

Please see section 2.5 Retention of Your Personal Data above for more information.

4.2 Virginia and Colorado Resident Privacy Rights

If You are a resident of Virginia or Colorado, the Virginia Consumer Data Protection Act (VCDPA) and Colorado Privacy Act (CPA) may provide You with additional rights regarding Your Personal Information. The rights outlined in this section do not apply to information exempted under the VCDPA or CPA, including aggregated data, or to individuals who are not residents of Virginia or Colorado.

4.3 Nevada Resident Privacy Rights

If You are a resident of Nevada, You have the right to opt out of the sale of certain information to third parties who intend to license or sell that information. If We sell Your information, You can exercise this right by contacting Us as directed in the Contact Us section below.

4.4 Financial Incentives

Financial incentives are programs, benefits, or other offerings, including payments to consumers as compensation, in exchange for the disclosure, deletion, or sale of Personal Information about them. We do not offer financial incentives to a consumer for the disclosure, deletion, or sale of their Personal Information.

4.5 Exercising Your US Privacy Rights

California residents may exercise their CCPA rights, Colorado residents may exercise their CPA rights, and Virginia residents may exercise their VCDPA rights by contacting Us via email as indicated in the Contact Us section below. Your rights may only be exercised by You or by Your designated agent.

5 EU Data Subject Rights

If You are a resident of Switzerland, the United Kingdom, or a country within the European Economic Area (EEA), You may have rights under European data-protection laws regarding the processing of Your Personal Information.

6 Retention

At a minimum, and to the extent permitted by applicable law, We will retain Your Personal Information for as long as necessary to fulfil the purpose for which it was collected.

7 Children

We do not knowingly collect Personal Information from an individual under the age of 16.

8 Links to Other Websites

Our Service may include links to other websites not operated by Us. If You click on a third-party link, You will be directed to that third party’s site.

9 Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

10 Subscriber Rights

If You have purchased a subscription to a Service governed by a separate agreement between You and the Company, the terms of that agreement will take precedence in the event of a direct conflict with this Privacy Policy.

11 Contact Us

If You have any questions about this Privacy Policy, You can reach our Data Controller by email: contactus@besclientportal.com.