Privacy statement Agilitas Group
Protection of the personal data of temporary workers in the context of their personnel file and salary data
This policy concerns in particular the protection of personal data during their processing in the context of the personnel file and salary data. It applies to all temporary workers bound to the employer by a temporary work contract, but also to people:
- who are no longer in service, but whose employer is legally obliged to retain a certain amount of data;
- who are in contact with the employer as part of an ongoing recruitment process.
These two categories are referred to in this policy when it comes to “acting”.
- Who to contact in case of questions?
Agilitas Group SA, registered with the Banque-Carrefour des Entreprises under number (VAT BE) 0478.971.449, whose registered office is located at 2800 Mechelen, Stationsstraat 120, is responsible for processing personal data. Agilitas Group declares to respect, as data controller, the Belgian legislation on privacy, as well as the provisions of the General Data Protection Regulation from its entry into force.
- What are personal data?
The General Data Protection Regulation defines personal data as “ any information relating to an identified or identifiable natural person; is deemed to be an ‘identifiable natural person’ a natural person 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 specific elements specific to his physical, physiological, genetic, psychological, economic, cultural or social identity. »
In principle, no special categories of personal data are processed, unless the execution of the employment contract requires it. “Processing of special categories of personal data” means: the processing of personal data which reveals racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, as well as the processing 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.
- What data is processed?
- Nature of personal data
Agilitas Group collects and processes various personal data of its temporary workers relating to their occupation. These data primarily relate to all data resulting from the application of legal, regulatory or conventional provisions in connection with the employment of personnel. They generally relate to the following elements:
- the status and liability in terms of labor, social and tax law;
- presences and absences, as well as their interpretation;
- the components of the salary, the height, the payment and the evolution of the salary;
- all other legal, regulatory and conventional aspects of personnel administration which have e.g. also relates to occupational accident insurance, occupational medicine, medical control of incapacity for work, etc.
The data may also and more specifically, in the context of the performance of the employment contract and the application of legal, regulatory or conventional provisions, relate to different categories of personal data:
- identification data (name, address, national register number, identity card number)
- nationality (for the obligation to have an occupation permit)
- financial data (bank account number, etc.)
- personal characteristics (age, gender, marital status, work permit, certificate of good conduct, etc.)
- composition of the household (dependants, date of birth of children, etc.)
- curriculum vitae, cover letters, notes taken during the job interview
- salary and payslips
- working hours
- data relating to profession and employment (personnel file in the strict sense)
- job description
- data necessary to determine the remuneration
- overview of attendance and absence
- agreements and objectives that the temporary worker must achieve in his function
- evaluation and assessment data
- skills he must have or acquire
- if applicable: physical data (height, weight, etc. e.g. for work clothes)
- data relating to certain habits (particularities in terms of travel and travel, civil distinctions, information concerning an accident, etc.)
- accommodation characteristics (only if the employer provides accommodation)
- data relating to training, including training courses taken, planned, training needs, etc. (educational leave, promotion, etc.)
- certain judicial data that have an impact on the employment contract (former detention, garnishment of wages, etc.)
- where applicable: political opinions, philosophical or religious beliefs (for the application of short-time work for communion, secular youth celebration, political leave, etc.)
- affiliation to a mutual insurance company (accident records, etc.)
- administrative/medical data (percentages of incapacity for work, medical certificates, examinations related to HR, etc.)
- career planning data
- name of a contact person in case of emergency
These categories of personal data are intended to be exhaustive and do not in any way mean that the employer processes all this data.
- Personal Information
The temporary worker will provide all the relevant information the employer needs. At the time of his recruitment or when new measures are applied, the temporary worker gives the employer all the information necessary for the application of the mandatory formalities, either in the field of social legislation or for the granting, suspension or termination of the right to indemnities and other allowances.
The employer reserves the right to request a copy of the diplomas and/or certificates obtained if these documents are important in the function performed by the temporary worker. The employer will treat the information collected with the required privacy.
Any change in the original personal information (change of address, marital status, dependents, etc.) will be communicated spontaneously and without delay online, in writing or by e-mail to the temporary employment agency.
The temporary worker is responsible for the non-information or the late information of the employer and will have to reimburse, if necessary, the indemnities, allowances or interventions unduly perceived.
- Collection of personal data from third parties
In accordance with appendix 4 of the Decree of the Flemish Government implementing the decree relating to private placement, no references or data are requested from their current or previous employer without the prior and explicit consent of the temporary worker. .
If personal data is collected from third parties, the temporary worker is expressly informed, and his explicit consent will be requested beforehand. Consent is granted by the signature by the temporary worker of a declaration which clearly informs him, and which includes at least the following data: the identity of the temporary worker, the identity of the organizations or persons questioned, the nature of the data requested, the reason for requesting the data and the period during which the consent will be used.
The temporary worker is aware that the explicit reference in his curriculum vitae to a reference person is considered as implicit consent.
- Protected personal data
- Some data is only processed to grant an advantage to the temporary worker.
- “ Sensitive data” may be processed when it is necessary for the execution of the file holder’s labor rights and duties.
(Article 9 of the General Data Protection Regulation, Article 8 of the Law of December 8, 1992, Articles 25 to 27 inclusive of the Royal Decree of February 13, 2001)
- “Membership of a mutual insurance company” may be processed in order to meet a legitimate interest of the data subject if the processing aims to grant a real advantage and insofar as the data subject does not object to the processing.
(Articles 25 to 27 inclusive of the Royal Decree of February 13, 2001)
- Processing of personal data
The personal data available to the employer can be obtained both through the temporary worker and through other information channels.
If the employer does not obtain the temporary worker’s personal data, the temporary worker is informed within a reasonable period of time.
The processing of this data is subject to the law of December 8, 1992 relating to the protection of privacy with regard to the processing of personal data and to Regulation 2016/679 of April 27, 2016 relating to the protection of natural persons. with regard to the processing of personal data and on the free movement of such data.
The controller is the employer who processes personal data with due care.
You will find further information on the rights of the temporary worker in the context of this processing and on the security of the processing below.
- Why are these personal data processed and what is the legal basis for the processing?
The personal data collected and processed is intended for storage and use by Agilitas Group and related companies such as Ergoflex, in the context of their recognized activities as employment agencies, and more specifically recruitment and selection, labor interim or in the context of recognition as a service company.
The personal data of the temporary worker are processed:
- due to laws, regulations and instructions at regional, federal and international level in the field of labor law, social security, tax legislation, including collective labor agreements and individual employment contracts as well as work regulations;
- under the employment contract;
- a legitimate interest of the controller or a third party.
As part of the personnel file and payroll administration, a large amount of personal data is processed which is required by laws, regulations and instructions at regional, federal and international level in the areas of labor law, social security, tax legislation, including collective labor agreements and individual employment contracts as well as work regulations. Where appropriate, the purposes will be formulated more clearly and communicated to the interim.
Personal data is mainly used for salary management, with the possible help of a social secretariat, as well as for personnel administration. They are dealt with under the temporary employment contract. These are mainly data that appear on the annual individual account. Marital status and dependent children are necessary for the calculation for tax and social purposes. The origin (nationality) must be checked and processed in order to meet the obligation to have an occupation permit.
Resumes, cover letters and notes taken during the job interview as well as evaluation forms are treated to go through the application process, as a legitimate interest. Personal data obtained from assessments of the temporary worker or from the monitoring of the temporary worker will also be processed due to the existence of an employment contract. If this information is used for other purposes, the temporary worker will be informed in due time according to the legal rules. Photos and videos are collected and processed for use for internal communication purposes, but only with prior consent.
The name of a contact person is collected in order to contact a family member or close friend in the event of an emergency, with the legal basis being the need to protect the vital interests of the temporary worker.
Different data will also be processed due to a legal obligation that rests on the employer or when the processing is necessary and reasonable to defend the interests of the controller (employer) or of a third party. The employer will inform the temporary worker in good time if necessary.
In some cases, the processing of personal data is based on the express consent of the temporary worker.
- Rights of the temporary worker in the context of the processing of personal data
- Processing of personal data by customers
- Right of consultation and copy
The temporary worker has the right to consult free of charge the personal data that the employer processes about him, as well as the reason for which the employer does it, the location from which the employer extracted the data and the person who receives the data. In this case, the temporary worker can also find out how long the employer intends to keep the data, whether the data is used for automatic decision-making and whether the employer intends to send given to a country outside the European Union. The temporary worker wishing to exercise this right can request it in writing or electronically to email@example.com
The employer provides the requested information in writing or electronically within a reasonable time. If the temporary worker so requests, the information is communicated verbally, provided that the identity of the person concerned is proven by other means.
The temporary worker also has the right to a copy of the personal data that is processed. When the temporary worker submits his request electronically, the information is provided in electronic form, unless the temporary worker requests otherwise.
In the event that the pay slips are made available to the temporary worker in electronic form, the latter can consult this data at any time.
- Right of rectification
The temporary worker may request the correction or completion of (incorrect) personal data. The employer undertakes to accede to this request as soon as possible.
- Right to erasure
The temporary worker has the right to have personal data relating to him erased. The employer grants this request from the temporary worker within a reasonable time, for example in the following cases:
- when the personal data is no longer necessary for the purposes for which it was collected or processed;
- when the processing was based exclusively on the consent of the temporary worker and the latter withdraws his consent;
- when the temporary worker contests the processing for well-founded reasons;
- when the employer did not have a legal basis to process the data.
This request to erase personal data can only be refused by the employer when this is justified, for example in the context of the exercise or defense of legal claims or because of a legal duty to keep and to process certain data. The temporary worker cannot oppose the processing of personal data necessary for the administration of salaries.
- Right to limitation of personal data
The temporary worker can ask the employer to limit the processing of his personal data when he disputes the accuracy of the data, when the processing is illegitimate or when the employer no longer needs the data for the purposes of the processing. Personal data may then only be processed in the following cases:
- with the consent of the temporary worker;
- and for the purpose of legal claims or to protect the rights of others.
- Right to object
A temporary worker has the right to object to the processing of his personal data, including profiling on the basis of these provisions. The processing is then ceased, unless it remains necessary for compliance with social and tax legislation, the defense of the interests of the employer or a third party or for the establishment, exercise or defense legal rights.
- Right to data portability
A temporary worker can ask the employer, for all the processing of personal data based on the explicit consent or the exercises of the employment contract, to obtain them in a structured, commonly used and machine-readable format. In addition, the temporary worker can subsequently transmit this data to another employer or controller.
- Right of complaint
The temporary worker may at any time lodge a complaint about the processing of personal data with the competent body in the Member State in which he has his habitual residence, his place of work or in which the alleged infringement was committed.
In Belgium, a complaint can be lodged with the Belgian Data Protection Authority: Rue de la Presse 35, 1000 Brussels (Tel.: +32 22744800; fax: +32 22744835, e-mail address: commission@privacycommission. be ).
In addition, the temporary worker may at any time bring a civil action and claim damages, for example in the event that he suffers damage as a result of the processing of his personal data.
- Right to withdraw consent
When the processing of personal data is based on the consent of the temporary worker, the temporary worker may at any time withdraw this consent, without this affecting the legitimacy of the processing on the basis of the consent before the withdrawal of that consent. -this.
- Guarantees and security of personal data
- Securing personal data
The employer makes every effort to ensure compliance with technical and organizational security measures for the processing of personal data, in particular to avoid destruction, loss, falsification, modification, access by persons not authorities or the mistaken notification to third parties of personal data collected as well as any other unauthorized processing of this data. This security is guaranteed by high-tech tools and the quality of the staff. The staff is bound by professional secrecy.
- Technical measures
- Use of antivirus, firewall…
- Regular adjustment of passwords
- No unsecured hard drives
- Securing data access
- Data transmission encryption
- No insecure backups
- Work on secure hard drives with access limited by team or individual
- Organizational measures
- Well-defined people with access
- Incident management procedure
- Policy for temporary workers and employees
- Training for temporary workers and employees
- Privacy clauses
- Application portals are provided to offer the temporary worker the possibility of determining the processing of personal data.
- Employee exit procedure
If certain documents are transmitted to the temporary worker electronically (eg the pay slip) and stored in electronic form, this goes through the social secretariat by applying strict security standards.
In the event of transfer of personal data to countries outside the European Union, appropriate safeguards will be taken by the employer or the consent of the temporary worker will be requested.
- Controller and Data Protection Officer
The controller – employer – ensures the accuracy and relevance of the personal data processed. It ensures compliance with applicable regulations.
The temporary worker may contact the controller or the controller’s representative at any time to exercise his rights or to request additional information.
Where applicable, the data protection officer will ensure compliance with the protection of personal data.
- Duration of retention of personal data
The personal data of temporary candidates are kept for 3 years after the first registration. At the end of the 3-year period, the temporary worker is contacted again asking for his consent if he wishes to be kept in the database.
The personal data of temporary workers who have actually worked at Agilitas Group are kept for 5 years after the conclusion of the last contract. At the end of the 5-year period, the temporary worker is contacted again, asking him to give his consent if necessary if he wishes to be kept in the database even longer, without prejudice to legal, regulatory or contractual provisions or limitation periods obliging or requiring the retention of the personnel file or part of the personnel file for a longer period in the organization, for example in view of or following legal claims.
- Who can view personal data?
- Data queries
Only authorized members of the employer’s staff and persons designated by the company are authorized to carry out internal searches of personal data. These persons reasonably need the data for the purpose of their task or for the needs of the service. The company provides a limited access system and an appropriate level of security.
- (Categories of) persons to whom the personal data is communicated (external communications)
The personal data of the temporary worker are used by the companies that are part of the Agilitas Group and the related company Ergoflex. Communications of personal data to third parties are limited to the application of legal and regulatory provisions or, if the communications are necessary for the normal performance of personnel management or salary administration, such as public services , social security bodies and cooperating social security institutions, or the execution of temporary work.
Certain personal data is communicated to third parties:
- The payroll information is communicated both to our Acerta social secretariat for payroll administration and to the competent public authorities on the basis of legal obligations (e.g. Belgian and/or foreign judicial services, police services and security organizations social);
- The necessary information is communicated to the supplier for the granting of Edenred meal vouchers and/or ecocheques;
- The surname, first name, address and function are communicated to the external service for prevention and protection at work (SEPPT) Attentia Prevention & Protection to allow the correct exercise of its tasks;
- The surname, first name, address and function are communicated to Certimed to allow the correct exercise of its tasks;
- The surname, first name, address, function and professional risk are communicated to the Ethias insurance company to insure the risk of accidents at work;
- The surname, first name, address and bank account number are communicated to the Isabel multibank platform for the payment of salaries, expenses, etc.
- The surname, first name and curriculum vitae can be distributed via the candidate database to potential employers/users of temporary workers;
The surname, first name and possibly the national register number, for the recording of time, are communicated to Agilitas Group customers in the event that work services are started.
The temporary worker’s personnel file may also be sent to the audit office with a view to carrying out an audit in the context of obtaining/maintaining the quality label of the professional federation.
In exceptional circumstances, personal data is communicated to third parties for the exercise of their mission, such as chartered accountants, consultants and lawyers in the context of tax and/or legal support, researchers and service providers. ICT services. These third parties process personal data on behalf of the employer in order to perform a certain task. A processing contract is concluded with the aforementioned subcontractors, in particular so that the temporary worker’s personal data is sufficiently protected and secure.
Personal data will not be sold, rented, shared or otherwise marketed to third parties except as described above or with prior consent.
The employer may be required to disclose personal data by court order or to comply with other binding legislation or regulations.
- Companies in the group having access to personal data
Agilitas Group is part of the French HR group Proman, together with Rialto Recruitment. It is within this corporate structure that the data is collected.
The personal data of the temporary worker can be consulted by the companies belonging to Proman, more specifically Rialto Recruitment and the related company Ombrelo, and this within the framework of their activities recognized as employment agencies.
Personal data is processed with a view to accompanying the temporary worker / candidate to a suitable job.
The legal basis for granting access to personal data to Rialto Recruitment and related company Ombrelo is legitimate interest. Rialto Recruitment/Ombrelo will first contact the temporary worker/candidate and only with the latter’s explicit consent, Rialto Recruitment respectively Ombrelo will take the temporary worker/candidate into a selection procedure.
- When does this policy come into effect?
This policy comes into effect on May 25, 2018.
Last update : December 17, 2020