The purpose of this Privacy Statement is to inform the candidates and contact persons of Equipe how we process their personal data.
Equipe attaches the utmost importance to the privacy of candidates and contact persons. It uses the personal data of the candidates and contact persons solely for the purposes described in this Privacy Statement and adopts appropriate technical and organizational measures that allow Equipe to operate within the applicable regulations on protecting personal data.
What constitutes personal data?
What constitutes personal data?The General Data Protection Regulation defines personal data as:
‘Any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.’
If this Privacy Statement refers to personal data, it is referring to this definition in the Regulation.
No special categories of personal data are processed. The processing of special categories of personal data means:
‘Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.’
2. Which personal data are processed, for which purposes does Equipe process these personal data, and on which legal basis?
2a. Before the performance of the candidate agreement, the candidate must provide Equipe with the personal data and documents needed to perform the candidate agreement and apply the prevailing social, tax, and labour legislation. Equipe considers at least the following information to be necessary:
- Surname and first name
- Date and place of birth
- Copy of identity card
- Work permit
- Residence permit
- Driving licence
- Citizen service number
- Knowledge of languages
- Address for service
- Residential address
- Telephone number (landline and mobile)
- E-mail addresses
- IBAN number
- Civil status
- Pension data
- Working hours
- Degrees, diplomas, and other certificates
- Professional experience
- Details of previous employer
- Period of temporary work
- Period of prior unemployment
- Curriculum Vitae
- Application letter/e-mail
If the candidate refuses to provide the necessary personal data or documents, Equipe reserves the right to suspend the performance of the candidate agreement. The candidate must inform Equipe of their own accord and without delay of any change to these personal data.
2b. Equipe also retains these additional personal data in the file:
- Interim agreement
- Placement confirmations
- Employment contract
- Payroll tax statement
- Employee Insurance Agency (UWV) status
- UWV-related documents
- Tax Office-related documents
- Municipal documents
- Notices of default, notifications, suspensions, notices of termination of the candidate agreement
- Absences for any reason
- Target group statement
- Assessment forms
- Certificate of good conduct
- Exit form
- Study agreement
- Test results
- Confirmation of resignation or dismissal
- Wage garnishments
2c. Equipe may have to process the candidate’s personal data for profiling purposes and to make decisions based on a profile, including analysing the data.
Profiling means ‘any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.’
If Equipe uses the personal data for the above purposes, it guarantees the candidate that he or she will not be the subject of a decision that is based solely on profiling and produces legal effects concerning the candidate or similarly significantly affects the candidate.
Equipe therefore always ensures significant human intervention and guarantees that the profiling does not produce any legal effects concerning the candidate or have a similarly significant effect.
In the other cases, Equipe guarantees that such a decision:
- is necessary for entering into or performing a contract between the candidate and Equipe
- is based on express consent, or
- is legally permitted
In the first two cases, the candidate may always request the intervention of one of our employees, to communicate his or her point of view, and to contest the decision.
In all three cases, the candidate is always informed that he or she is the subject of such a decision, the logic behind such a decision, what this means, and the expected consequences.
2d. Equipe may request for the purpose of advertising, for example, to take an image/photograph for publication on the website and/or social media. In the latter case, the candidate’s consent will always be requested, both for taking the image/photograph and for its publication.
3. With which service providers are your personal data shared and why?
Equipe warrants that no unauthorized persons can examine the file and the personal data stored in it and takes all necessary internal and external security measures for this purpose. The parties authorized to examine the file and the personal data stored in it are the recruiter, the management board, and the staff members of finance, marketing, and HR
The Equipe service providers who may examine and process personal data to perform their instructions are the accountant, lawyers, insurance companies, banking institutions, IT suppliers, external consultants, bailiffs, trade unions, etc.
Equipe only uses service providers that provide adequate guarantees in relation to applying appropriate technical and organizational measures so that the processing complies with the applicable regulations on protecting personal data.
4. How long will Equipe retain these personal data?
Personal data whose retention is expressly imposed on Equipe by law are retained for at least the statutory retention period. Personal data whose retention is not expressly required by law are kept for at least the term of the candidate agreement and until the expiry of the limitation periods for filing a claim against Equipe.
5. Heeft Equipe het voornemen om de persoonsgegevens buiten Europa door te sturen?
6. Rights of the candidate regarding the processing of his or her personal data
6a. The candidate may access and copy his or her personal data insofar as exercising this right does not affect the rights and freedoms of others.
6b. The candidate may have all incorrect personal data relating to him or her rectified.
6c. Each candidate is entitled to the deletion of all personal data relating to him or her that are incomplete or irrelevant, whose registration, communication, or retention are prohibited, or that are kept after the expiry of the permitted period. If the personal data have been disclosed, Equipe will adopt all reasonable technical measures to erase links to those personal data or a copy of them without being obliged to produce a result.
6d. Each candidate may request that Equipe restricts the processing of the personal data and therefore does not further process, but still retains the personal data:
- If the candidate contests the correctness of the personal data, for the period necessary for Equipe to check the correctness of the personal data.
- If Equipe is processing the personal data unlawfully.
- If Equipe no longer needs the personal data, but the candidate needs those data to institute, exercise, or substantiate a legal claim.
The request to limit processing does not prevent Equipe from using the personal data to institute, exercise, or substantiate a legal claim or to protect the rights of another natural person or legal entity. The candidate will be informed of this intention.
The candidate may obtain the personal data he or she has provided to Equipe in a structured, commonly used, and machine-readable form. The candidate may also request Equipe to transfer the personal data, if technically possible, directly to another employer. The right to transferability of personal data cannot be granted if this would infringe the rights and freedoms of others.
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Equipe’s contact details
The candidate may address any question regarding this privacy statement or request to exercise his or her rights to:
Luc Theunissen, Managing Director
By e-mail: email@example.com
By post: Equipe BV, Sint-Hubertuslaan 2, 6211 KD Maastricht
Equipe informs the candidate as soon as possible, and at least within one month of receipt of the request, of its response to the request:
- The request has been granted.
- It is impossible to let the candidate know the outcome of the request within one month
- because of the complexity of the request.
- The request has been refused and the candidate may file a complaint with the supervisory authority or appeal to the court.
- Additional information is required because of doubts about the identity of the party making the request. In principle, Equipe grants the requests free of charge unless the candidate’s request is manifestly unfounded or excessive, particularly because it is repetitive in nature. In that case, Equipe may charge a reasonable administrative fee or refuse the request.
You may also submit a complaint to the Dutch Data Protection Authority, www.autoriteitpersoonsgegevens.nl