Declaration for the processing of personal data of customers and prospective customers of the Service Cheque System – s.a.Daoust

As of 25 May 2018, your personal data are collected and processed in accordance with the General Data Protection Regulation (GDPR).

s.a.Daoust is the controller of your data as soon as you register and it fulfils the obligations established by the GDPR.

This declaration explains everything you need to know about the processing of your personal data and your rights.

INDEX

I Data controller
II Contact details of the Data Protection Officer
III Purposes and legal bases of the processing: why does Daoust process your data?
IV Collected and processed data
V Processing procedures: how are your data processed?
VI Data retention period: how long do we retain your data?
VII Data transfer: to whom are your data transferred?
VIII Rights of the data subject
IX Monitoring and amending this data processing declaration

I              Data controller

The controller is the company that asks you to submit your personal data and determines the purposes for which these data shall be used

The data controller is:
Daoust s.a.

Registered office: Galerie de la Porte Louise, 203/5 à 1050 Brussels
VAT: BE0400523292
R.P.M.: Brussels

II            Contact details of the Data Protection Officer

The Data Protection Officer (DPO) is a point of contact for the implementation of this regulation. You can contact the DPO at the following address: DPO@daoust.be.

III Purposes and legal bases of the processing

Daoust collects and processes your data to perform a number of miscellaneous activities which are necessary to provide household assistance, manage staff timetables and ensure the quality of the service provided.

Your data are collected and processed by Daoust on the legal basis of:

– the consent that you give to us (e.g. you disclose your data to us so that we may set up an account for you with the regional management body of the Service Cheque System- article 6,1, a) of the GDPR);

– to perform any actions required for the pre-contractual measures and execution of the agreement by which we are bound (article 6,1, b) of the GDPR);

– to fulfil legal obligations not least those imposed by the competent regions in terms of Service Cheques (article 6,1, c) of the GDPR);

– to carry out any actions and operations that may be legitimately performed by Daoust in the context of its commercial activities (legitimate interest- article 6,1, f) of the GDPR);

– to detect any cases of fraud and abuse (legitimate interest- article 6,1, f of the GDPR),

– to fulfil its legal obligations towards the competent authorities (especially social inspection services, Onem, …) (article 6,1, c of the GDPR);

– to exercise the rights to bring action and defence of legal claims of s.a.Daoust ((legitimate interest- article 6,1, f of the GDPR).

IV           Collected and processed data 

In performing the actions that must be carried out (see article III above), your personal data must be collected and processed. These data are collected at different times of the pre-contractual and contractual relationship and the type and number of collected data depends on the action and the measure to be performed.

IV.1      Data relating to identification

a) Your civil status: this includes surnames, forenames, sex, date of birth, national register number, etc.

b) Uw contactgegevens: het betreft meer bepaald uw domicilie- of verblijfadres, vast en mobiel telefoonnummer, emailadressen, enz…

c) The composition of your family in the event that you use several Sodexo numbers.

IV.2      Data relating to your living arrangements

These are the data that you disclose when you are looking for household assistance (type of residence, number of rooms, accessibility, presence of animals, etc.)

IV.3    Gegevens met betrekking tot een administratieve of sociale toestand

Your bank details in the context of any refunds.

IV.4  Data relating to the conclusion and management of your Service Cheques contract

These include any data that may be used to conclude and manage the performance of the contract. They may particularly include membership data (membership number with the regional management operator of the service cheque system, etc.), data about your principal region of residence, service period, comments made by you about your household assistance, payment reminder records, your presence/absence, etc.

V.           Data processing procedures

Your data are collected and processed using IT tools and by natural persons (especially by Daoust personnel).

s.a.Daoust personnel process your data in order to achieve the relevant objective (e.g. offering household assistance) and access to your data is limited to those individuals concerned by the processing involved.

The processing of any data that may be used to analyse your request, to select the appropriate person and to propose replacements always involves a human and personalised approach. No decision rests on exclusively automated processing procedures.

The type and number of software programmes and IT applications used to process your data depend on the state of current technologies and may change over time.

In many cases, your data are disclosed to third parties whose input is necessary and sometimes essential for the purpose of achieving the objective (for instance, the disclosure of the services to the body commissioned by the competent regions to process your Service Cheques) (see below – data transfer).

VI           Retention period relating to your data

Your collected data are retained for the period required to fulfil the purposes for which they have been collected and processed.

In cases where you have received at least one household assistance service, we are legally obliged to retain your data for the period corresponding to various applicable legal deadlines.

The data retention period may also relate to the legal periods of limitation or beyond in the event of an investigation, a complaint or court-ordered measures.

VII         Data transfer

The collected and processed data are disclosed or made accessible to third parties in order to achieve the various objectives (purposes – see above, purposes and legal bases of processing).

The type and number of data disclosed to third parties is limited to that which is necessary to achieve the objective. Any third parties who process your data are bound by obligations of confidentiality and security.

When these third parties are our processors, a processing agreement which establishes their obligations concerning the processing of your data has been concluded between s.a.Daoust and the processor.

When this disclosure is necessary, your data are disclosed or made accessible for the purposes of achieving the objectives and/or imposed by a legal provision to the following third parties:

– To any household assistance employees who may work at your home,

– To any service providers commissioned by the regions to process the Service Cheques;

– To any suppliers and service providers of Human Resources in a broad sense: workplace accident insurers, insurance in the event of a claim, etc.;

– To any IT service subcontractors in a broad sense used by s.a.Daoust (hosts, suppliers of miscellaneous software, IT installation maintenance, etc.),

– To bodies of the State, Regions and communities authorised to request these data within the scope of their tasks: social inspectorates, Onem, ONSS, tax, etc.;

– To authorised public authorities when they require these data within the scope of their tasks: labour inspectorate, police force, etc.

– To professional representatives with the required titles: lawyers, debt mediators, your union, your mutual association, etc.

Your data are not transferred outside of the EU.

VIII       Rights of the data subject

Your data are collected and processed by s.a.Daoust in order to achieve the relevant objectives, including for recruitment purposes. If you do not want to disclose all or part of your data to us, we cannot achieve the required objective (for instance, proposing your application to a customer and offering you employment). The collection of the data that we request is therefore always necessary to achieve objectives and fulfil legal obligations related to the recruitment of individuals to the specific areas by which we are concerned.

You must contact the following addresses in writing to exercise your rights:

– either the e-mail address gdpr@daoust.be,

– or the postal address of the Jobcenter at which you are registered;

– or the postal address of the registered office of s.a.Daoust.

To ensure that your data remain confidential, s.a.Daoust may verify the identity of the requesting party before disclosing the data and undertaking the requested actions.

VIII.1   Recht op inzage

U hebt het recht te vragen welke de persoonsgegevens zijn die u betreffen die we verwerken en voor welke doeleinden. Deze informatie wordt u bij voorkeur via een elektronisch bericht meegedeeld en via elektronische verzending. Indien u niet beschikt over een elektronisch mailadres, of op uitdrukkelijk verzoek, wordt de info u meegedeeld per postbrief.

VIII.2   Right of rectification

You have the right to rectify any of your data that are inaccurate. Likewise, you can ask to supplement any incomplete data.

The exercise of this right may be dependent upon the presentation of appropriate proof, if necessary.

VIII.3   Right of erasure (“right to be forgotten”)

You have the right to request the erasure of your data in certain circumstances.

A      Exercise of the right for any customers who have never received any Service Cheque service via Daoust

Any customers registered with Daoust who have never received household assistance through this channel may request the erasure of their data for any of the reasons indicated below:

–          they decide that they shall no longer engage the services of s.a.Daoust to achieve one or more objectives for which they disclosed their data;

–         their data have been processed unlawfully.

B      Exercise of the right for any customers who have received at least one Service Cheque service via Daoust

When you have received at least one Service Cheque Service, we are required to retain the processed data in fulfilment of our legal obligations. These data shall be retained for the period corresponding to applicable legal deadlines.

The data retention period may also relate to the legal periods of limitation or beyond in the event of an investigation, a complaint or court-ordered measures.

In all cases, the right of erasure does not apply when the processing is necessary:

– to fulfil any legal obligations or to complete a public task entrusted to Daoustby the public authority,

– for statistical purposes,

– for the establishment, exercise or defence of legal claims.

VIII.4   Right of opposition

You have the right to object to the use of your data for direct marketing purposes.

You can object to the processing of your data when the purpose of the processing is to carry out actions or operations that Daoust is able to legitimately perform in the context of its commercial activities. However, in this case, Daoust may continue to process your data provided that legitimate and pressing reasons prevail over your request and for the establishment, exercise or defence of legal claims.

VIII.5   Right to data portability

You are entitled to receive your personal data in a structured, commonly used and machine-readable format.

VIII.6   Right to restriction of processing

You may ask s.a.Daoust to restrict the future processing of your data or restrict their processing on a temporary basis in the following cases:

– you dispute the accuracy of any data;

– you deem the processing to be unlawful but do not wish to erase the data;

– the processing is no longer necessary for the purpose of achieving objectives but you need the data for the establishment or exercise of legal claims.

The restriction of processing means that your data are no longer processed but merely retained unless you request otherwise.

The restriction of processing is temporary and the controller duly informs you before the restriction of processing is lifted.

VIII.7   Right of complaint

Daoust makes every effort to respond to your requests concerning the exercise of your rights.

You have the right to lodge an appeal with the competent Belgian supervisory authority:

Belgian Privacy Protection Commission
Rue de la Presse, 35, 1000 Brussels

+32 (0)2 274 48 00
+32 (0)2 274 48 35
commission@privacycommission.be

IX           Monitoring and amending this processing declaration

s.a. Daoust reserves the right to amend this data processing declaration at any time in accordance with any applicable legal provisions.

Each new version of the data processing declaration shall be made available on our website and/or all other applications.

If we intend to process your data for any reasons other than those for which they were collected and your consent is required for the new processing purposes, we shall seek your consent beforehand in accordance with any applicable legal provisions.

* Verordening (EU) 2016/679 van het Europees Parlement en de Raad van 27 april 2016 betreffende de bescherming van natuurlijke personen in verband met de verwerking van persoonsgegevens en betreffende het vrije verkeer van die gegevens.

Verklaring versie 24/05/2018