Declaration for the processing of personal data of household assistance employees – s.a.Daoust

We consider the protection of your privacy to be extremely important! At s.a. Daoust, the personal data that we collect from all employees are therefore used in a completely secure and confidential manner. This document describes which of your personal data are processed, the basis on which they are processed and the purposes of their processing. Finally, we inform you of the security measures that we take to protect your personal data.

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

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

Daoust welcomes applications from youngsters who are given access to employment opportunities, especially in the form of student contracts. This text concerns the rights relating to your personal data that we collect and process when you register with Daoust. You must obtain the consent of your parents or your legal representative (guardian) before registering with Daoust. Please feel free to ask your parents, the consultants of your JobCener or our Data Protection Officer for any information or explanations about the rights relating to your personal data.

IV           Purposes and legal bases of the processing

Daoust collects and processes your data to perform a number of miscellaneous activities which are necessary for the pre-contractual and contractual employment relations between the parties: they allow us in particular to assess and select your application, conclude an employment contract, manage any amendments, manage your timetables, and manage the relationship with third parties, including your customers.

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

– the consent that you give to us (e.g. you submit your CV to us and apply to register as an applicant to work for Daoust – Article 6.1 a) of the GDPR);

– to perform any actions required for the pre-contractual measures and management of your employment contract (article 6,1 b of the GDPR);

– to fulfil any legal obligations particularly in relation to recruitment and the management of your employment contract and any amendments (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 internal activities related to staff and 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, ONSS, companies chosen by the regions to manage regional Service Vouchers, etc.) (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).

V             Collected and processed data

In performing the actions that must be carried out (see article IV 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.

V.1        Data relating to identification

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

b) Your contact details: these include your home address or place of residence, landline and mobile telephone numbers, e-mail addresses, etc.

c) Nationality: this information is required in the field of recruitment (is a work permit needed or not?),

d) Data relating to your family and personal situation: including whether any children are under your charge, whether your spouse is professionally active (application of tax legislation and granting of particular benefits), name of a contact person for emergencies,

e) Any indications featured on legal ID documents: including ID card, passport, work permit, residence permit, driver’s licence

V.2        Data relating to skills and professional background

a) These data are indicated on your C.V. and relate to any qualifications and skills that you have acquired, knowledge of languages, companies for which you have previously worked;

b) They also relate to any cognitive and behavioural skills indicated on your C.V. and identified during skills tests, personality tests and recruitment interviews

V.3        Data relating to administrative and social situation

a) These data relate to the various statuses of jobseekers, unemployed people, beneficiaries of welfare, those registered with particular agencies (such as the AVIQ, Onem, VDAB, Actiris, Forem) …These data are necessary for managing the benefits related to these various situations;

b) Your bank details (to receive payment of your remuneration).

V.4        Data indicated on your C.V

Applicants and members of staff spontaneously and freely submit their C.V. to s.a.Daoust.

s.a.Daoust may collect and process all the data indicated on the C.V. (e.g. your photo, your hobbies, your volunteering experiences, your references, etc.) your photo attached to your C.V.

V.5        Data relating to your registration with Daoust and your search for employment

a) These are data disclosed during your recruitment interviews; they are useful and/or necessary for offering you positions under the Service Voucher system. e.g. your desires in relation to the role, the geographic area in which you wish to work, etc.

b) They concern all forms of communication with you during your registration and in the context of any employment offers, irrespective of the medium used (e.g. e-mail address, SMS, etc.).

c) all tests carried out and relevant results produced in the context of recruitment.

V.6        Data relating to the conclusion, management and execution of your employment contract

These include any data that may be used to conclude and manage the performance and term of your contract. They may include financial data (amount of remuneration, rate of taxation, entries, etc.), the title of the position, working times, health assessment form established by the occupational physician, assessment grades relating to your performance, videos, etc.

VI.         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 fulfil the established purposes 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 C.V., to select your application and to propose employment positions always involves a human and personalised approach. No (pre-) selection and job offer 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 fulfilling the purpose (for instance, the disclosure of information about pay to a social secretariat for the purposes of calculating your remuneration, to regional Service Vouchers management bodies) (see below – data transfer).

VII         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 concluded at least one employment contract with Daoust, we are legally obliged to retain your data for the period corresponding to various applicable legal deadlines. In principle, these periods range from 5 to 7 years (ONSS, Onem and tax office).

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.

VIII       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 service providers responsible for calculating and granting compensatory benefits (social secretariat, the company responsible for issuing luncheon vouchers, the leasing company, the company responsible for issuing fuel cards, etc.);
– To suppliers and service providers of Human Resources in a broad sense: training bodies, risk prevention consultant, occupational physician, external medical service, miscellaneous insurers, 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.
– To regional Service Vouchers management bodies;
– To customers at whose premises you are likely to work

Your data are not transferred outside of the EU.

IX           Rights of the data subject

Your data are collected and processed by s.a.Daoust in order to achieve the relevant objectives, including the conclusion of an employment contract. If you do not want to disclose all or part of your data to us, we cannot achieve the required objective. The collection of the data that we request is therefore always necessary to achieve objectives and fulfil legal obligations related to selection and industrial relations.

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 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.

IX.1       Right of access

You have the right to ask us which of your personal data we are processing and what the purposes of this processing are. This information is revealed to you preferably in electronic format and by e-mail. If you do not have an e-mail account, or at your express request, this information is revealed to you by post.

IX.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. (for instance, declaration of the birth of a child, change of address).

IX.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 applicants (without employment offer)

Any applicants who are registered with Daoust and who have never received an employment offer or employment contract may request the erasure of their data for any of the reasons indicated below:

– they decide that they shall no longer apply though 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 applicants (with employment offer)

When you have received at least one employment offer and/or one employment contract, 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.

C             Exercise of the right for household assistance employees of Daoust

In cases where you have signed at least one employment contract with s.a. Daoust, we are legally obliged to retain your data for the period corresponding to various applicable legal deadlines. In principle, these periods range from 5 to 7 years (ONSS, Onem and tax office).

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.

IX.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.

IX.5       Right to data portability

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

IX.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.

IX.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

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

X             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.

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