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Declaration for the processing of personal data of temporary employees and applicants for temporary employment – 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 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, Daoust consultants 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 recruitment purposes: these include providing support in the search for a job, assessing and selecting your application with a view to proposing it to customers, concluding one or more temporary employment contracts, managing your temporary employment contracts, managing relations with our 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 for temporary employment – Article 6.1 a) of the GDPR);

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

–       to fulfil legal obligations particularly in relation to your search for employment, recruitment and management of your temporary employment contracts (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).

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, 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 situation: including whether any children are under your charge, whether your spouse is professionally active (application of tax legislation and granting of particular benefits),

e) Any indications featured on legal ID documents: including ID card, passport, work permit, residence permit.

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 interviews with consultants of s.a.Daoust.

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)…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 for temporary employment 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 hobbies, your volunteering experiences, 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 interviews with Daoust consultants; they are useful and/or necessary for offering you temporary employment positions. e.g. your desires in relation to the role, the geographic area in which you wish to work, the relevant field of activity, etc.

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

V.6 Data relating to the conclusion and management of your temporary employment contracts

These include any data that may be used to conclude and manage the performance and term of your contracts. They may include financial data (amount of remuneration, rate of taxation, etc.), the title of the position, working times, health assessment form established by the occupational physician, comments of users to whom you have provided a service, assessment grades relating to your performance, etc.

VI. Data processing procedures

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

s.a.Daoust personnel process your data in order to achieve the relevant objective (e.g. proposing your application to customers) 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 the purpose of achieving the objective (for instance, the submission of your C.V. to users with a view to securing employment) (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 filled at least one temporary employment position, 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 customers who may hire you in the context of the positions for which you seek our jobseeker’s assistance,

–        To service providers responsible for calculating and granting compensatory benefits (social secretariat, the company responsible for issuing luncheon vouchers, eco-vouchers, the competent social fund, etc.);

–       To suppliers and service providers of Human Resources in a broad sense: training bodies, risk prevention consultant, occupational physician, workplace accident 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.

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 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 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 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.

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, you declare that you have 5 children under your charge instead of the 3 that were previously declared).

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 for temporary employment (without employment offer)

Any applicants for temporary employment 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 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 applicants for temporary employment (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 temporary employees

Temporary employees provide services to the customers of s.a.Daoust and are salaried employees of Daoust.

In cases where you have filled at least one temporary employment position, 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 Daoust by 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 Brussels

+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 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.

EU Regulation no. 2016/679, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

Declaration: version 24/05/2018

070/22 11 40
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