Privacy Policy - Ingeniva

PRIVACY STATEMENT

WEBSITE

I. GENERAL PROVISIONS

A. Introduction

This Privacy Statement explains what we do with your personal data and applies to the registration and processing of all personal data that you provide in any way to Ingeniva BV Belgium and Ingeniva BV Netherlands (both hereinafter referred to as Ingeniva) in its capacity as a data controller. Ingeniva BE has its headquarters at 2950 Kapellen, Klein Heiken 114. Ingeniva NL has its headquarters at 4696 BM Sint-Annaland, Hoenderweg 122
It describes how we collect, use and process your personal data and how we satisfy our legal obligations towards you.
Ingeniva attaches the greatest importance to the privacy of your personal data and will only use it for the purposes described in this Privacy Statement.
This Privacy Statement is applicable to the personal data of our Website Users, Candidates, Clients, Suppliers, and other people with whom we may contact in order to find out more about our Candidates.
In view of the relevant data protection legislation, including, but not limited to, the General Data Protection Regulation (GDPR) 2016/679, Ingeniva is the company that is responsible for your personal data.
Ingeniva is entitled to adjust this Privacy Statement at any time. Any change to the Privacy Statement will be announced on this website. The most current version of the Privacy Statement can be found on this website at any time.
If any provision from this Privacy Statement is completely or partially invalid, voidable or in conflict with the law, it shall be deemed to stand on its own and to be inapplicable.
In such a case, Ingeniva will replace the provision in question with a provision of equal intent that is not completely or partially invalid, voidable or in conflict with the law. The other provisions of the Privacy Statement will remain in full force.
Belgian law is applicable to this Privacy Statement. The Court in Antwerp is authorized to acknowledge any disputes.

B. Definitions

Candidates – All applicants for all roles advertised or promoted by Ingeniva, including permanent, part-time and temporary positions and freelance assignments with Ingeniva, as well as people who have sent a resume to Ingeniva that is not related to a specific job. Individual contractors, freelancers and supplier employees who have been proposed for positions at Ingeniva Clients.
Clients – This category includes our customers and others to whom Ingeniva provides services in the course of its business.
General Data Protection Regulation (GDPR) – A European Union statutory instrument that aims to harmonize the European data protection laws. It took effect on May 25, 2018 and any references to it must be interpreted accordingly so that any national legislation that implements the regulation is included.
Personnel – Includes employees and interns who are directly involved in the Ingeniva business as well as specific other people who are involved in the provision of service to Ingeniva.
Suppliers – Refers to partners and companies and independent contractors and freelancers who provide services to Ingeniva. In specific cases, Ingeniva will outsource the services it provides to Clients to external suppliers who perform services on Ingeniva‘s behalf. Suppliers that are individual contractors, freelancers, or supplier employees will be treated as Candidates for data protection purposes. In this context, Ingeniva requires Suppliers to communicate the relevant parts of this Privacy Statement to their employees.

C. Whose personal data is processed?
In order to be able to use the Ingeniva services, you must provide the personal data necessary for the Ingeniva work/services.

Candidate Data: In order to provide you with the best possible employment opportunities, we need to process specific information about you.
We only collect information that will help us to find you an appropriate position, such as your name, age, contact details, education details, employment history, immigration status (whether or not you require a work permit), …
Depending on the circumstances and the applicable local laws and requirements, we may also collect information related to your health or details of any criminal convictions.
Client Data: The data that we collect about Clients is very limited. If you are a Client, we only collect your contact data or the data regarding individual contact persons within your organization so that we can provide our services such as: finding Candidates, and notifying you about the newsletter (whether or not digital) published and commissioned by Ingeniva.
Personnel Data: We must process specific information about you: your candidate data and your salary and wage statement, the name of a contact person in case of emergency, evaluation forms and payroll information.
Supplier Data: We require a small amount of information about our Suppliers, specifically, contact details within your organization (names, telephone numbers and email addresses) and your bank details so that we can pay you for the services you provide.
Website Users: We collect a limited amount of data about our Website Users that we use to help us to improve your experience when using our website and to help us manage our services. This includes information such as the manner in which you use our website, the frequency with which you access our website and the times when our website is most popular.
People whose data we receive from Candidates and Personnel, such as references and contact persons for emergencies: In order to be able to offer Candidates appropriate job opportunities in a safe manner and to provide for every possible event for them and our personnel, we require some basic background information.

D. How do we collect your personal data?

Personal data that you give to us, for example:

by entering your details on the Ingeniva website or via an application form, as part of the registration process;
by emailing your resume to an Ingeniva consultant or being interviewed by an Ingeniva consultant;
by applying for jobs through a job aggregator, which then redirects you to the Ingeniva website;
where you, as a customer, proactively contact us by telephone or email;
when you give us your business card;
…

Personal data that we receive from other sources, for example:
your reference person can provide personal information about you;
our clients may disclose personal information about you;
we may also collect information about you by searching on LinkedIn and other job sites;
when you are listed as a customer on a list of participants of relevant events;
…
Personal data we collect via our website:
We collect a limited amount of data about our Website Users that we use to help us to improve your experience when using our website and to help us manage our services. This includes information about the manner in which you use our website, the frequency with which you access our website, the language in which you view our website and the times that our website is most popular.
We collect your data automatically via cookies.

E. Usage purposes.

The personal data that you provide to Ingeniva is processed for the purpose of:

being able to execute and manage your registration;
checking this data for completeness and correctness;
enabling you to use the Ingeniva Website and services;
entering into and maintaining with you an Employee/Employer relationship, or a relationship aimed at the acquisition/execution of assignments and maintaining and conducting a personnel, financial and payroll administration (in this regard);
being able to offer you work, assignments, Training and/or educational opportunities, career and/or professional advice and/or other (work-related) services;
assessing your suitability for a specific position or assignment;
allowing you to participate in (online) tests offered by Ingeniva and generating test results;
promoting and stimulating your personal development (if and insofar as you qualify for this purpose);
bringing you into contact with or introducing you to one or more Principals and/or relations;
having you perform work, services and/or projects at Ingeniva Principals and/or relations;
informing you about similar Ingeniva products and/or services;
informing you about matters that, in Ingeniva‘s opinion, are important for you (including (new) job openings, Training organized by Ingeniva, work-related matters, etc.);
informing you and/or warning you about improper use and/or misuse of its Website;
informing third parties and/or warning them about your improper use and/or misuse of the Ingeniva Website, insofar as this is necessary in order to counter and/or limit such improper use or misuse;
providing it to Processors who are hired by Ingeniva to perform specific tasks;
analyzing the job market and own files with Parties Involved;
placing your Profile and/or resume (whether or not anonymized), after you have provided explicit permission for this purpose, on the Ingeniva Website;
informing you about the products and/or services of Ingeniva‘s carefully selected partners by placing information about them on its Website.
using and forwarding it to Principals, relations and subcontractors and to government agencies;
in rare cases, we may use your personal data to help us formulate, execute or defend criminal proceedings;
it is possible that we use automated technologies. Where appropriate, we will ask your permission to perform all or some of these activities;

2. By registering with Ingeniva, you grant to Ingeniva the right to use the data provided in this registration for the aforementioned purposes, insofar as this is in line with the relationship between you and Ingeniva.

You can be offered the opportunity to indicate that your Personal Data may also be used in order to inform you by email, SMS or any other electronic means of communication about products and services, not identical or similar to the services provided by Ingeniva, including the products and services of Ingeniva‘s carefully selected. You can revoke your granted permission at any time by sending an email to privacy@ingeniva.eu .
If your data is used by Ingeniva to inform you by email, SMS or any other electronic means of communication about the similar products and services offered by Ingeniva, then you can object to this at any time by sending an email to privacy@ingeniva.eu with the request to no longer use your data for this purpose.
If necessary, the personal data concerning your health can be processed by Ingeniva in accordance with the General Data Protection Regulation (AVG) 2016/679 of the European Parliament and the Council of 27 April 2016.
The data that appears on your extract from the criminal record can be processed by Ingeniva on condition that this is done in accordance with the General Data Protection Regulation (AVG) 2016/679 of the European Parliament and the Council of 27 April 2016.

F. With whom do we share your personal data?

Where appropriate and in accordance with local legislation and requirements, we may share your personal data with the following categories of people:

Clients and prospects;
Current, past or prospective employers, educators, examination institutes and employment and recruitment agencies;
Tax, audit or other authorities;
Third parties such as service providers who perform services on our behalf;
Third parties such as IT Providers and document storage providers;
Platforms for marketing technology and suppliers;
Regarding Candidates: potential employers and other recruitment agencies/organizations, third party partners, job sites and job aggregators.

G. How do we safeguard your personal data?

Ingeniva makes the greatest effort to take appropriate organizational and technical measures in order to protect your personal data against wrongful processing and/or loss. Ingeniva employees who have access to your personal data on behalf of Ingeniva are bound by a confidentiality clause.
Despite the security measures taken by Ingeniva, it can occur that third parties nevertheless succeed in circumventing these measures and/or using your personal data for improper purposes. Ingeniva may never be held liable for this situation in any way.
Ingeniva does not accept any liability in any way for any harm resulting from the use of the Personal Data by third parties to whom this data is provided based on this Privacy Statement or with your consent. Ingeniva is also not liable for non-compliance with the applicable law and/or regulations (including the privacy legislation) by these third parties.

H. How long do we keep your personal data?
Candidates
The personal data of candidates will be kept for 3 years after the internal closing of your file.
The personal data of temporary workers / permanent employees who have effectively worked with us will be kept for ten years after the internal closure of your file.
The internal closing of your file is determined on the basis of the following criteria:

Closing of current applications;
Contacts from which it appears that you are still looking for employment mediation.

After expiration of the aforementioned period, you will be notified before we proceed to the final removal of your file. On the basis of this notification, you can still indicate that you wish to be retained in the database longer with a view to employment mediation.
Your personal data will be kept in accordance with the specific legislation, as well as limitation periods that require us to keep your personal data longer.

Personnel
The personal data of Personnel will be kept ten years after the termination of the employment contract.
Clients / prospects
The personal data of Clients will be kept ten years after the internal closing of your file.
Your personal data will be kept in accordance with the specific legislation, as well as limitation periods that require us to keep your personal data longer.
Suppliers
The personal data of Suppliers will be kept ten years after the last invoice from your file.
Your personal data will be kept in accordance with the specific legislation, as well as prescription periods that require us to keep your personal data longer.
Website users
The personal data of Website users will be kept for 36 months.

J. How can you access, amend or withdraw the personal data that you have given to us?

Right to object: This right enables you to object against the processing of your personal data for our legitimate interests, to enable us to perform a task in the public interest or to exercise official authority, to send you direct marketing materials and for scientific or historical research or statistical purposes.

Right to withdraw consent: When we have obtained your consent to process your personal data for specific activities, you may withdraw this consent at any time, upon which we will cease to perform the specific activity for which you previously consented unless we believe that there is an alternative reason to justify our continued processing of your data for this purpose, in which case we will inform you of this condition.

Request by data subject to access data: You may ask us to confirm what information we store about you at any time and you can request us to modify, update or delete this information. We may ask you to verify your identity.

Right to deletion: You are entitled to request that we delete your personal data in specific circumstances:

The data is no longer necessary for the purposes for which we originally collected and /or processed it;
You have withdrawn your consent for us to process your data and there is no other valid reason for us to continue the processing;
The data has been processed in a manner that does not comply with the GDPR;
It is necessary to delete the data in order to comply with our legal obligations as personal data controller;
If we process the data because we believe is necessary to do so for our legitimate interests, you object to the processing of your data and we are unable to demonstrate overriding legitimate grounds for our continued processing.

We are only entitled to refuse to comply with your request based on one of the following reasons:

To exercise the right of freedom of expression and information;
To comply with legal obligations or to perform a public interest task or a task in the context of exercising official authority;
For public health reasons in the public interest;
For our archival, research or statistical purposes;
To exercise or defend a criminal procedure;

Right to restrict processing: You are entitled to request that we restrict our processing of your personal data in specific circumstances.
You are entitled to request that we restrict the processing of your personal data:

When you dispute the accuracy of the personal data that we are processing about you. In this case, the processing of your personal data will be restricted for the period during which the accuracy of your data is verified;
When you object to our processing of your personal data for our legitimate interests. In that case, you can request that the data be restricted while we verify our reasons for processing your personal data;
When the processing of your data is unlawful, but you prefer to restrict our processing rather than to have your data completely deleted;
When we have no further need to process your personal data but you require the data to establish, exercise, or defend criminal procedures.

If we have shared your personal data with third parties, we will notify them about restrictions on the processing, unless this is impossible or involves disproportionate effort.

Right to rectification: You are also entitled to request that we rectify any inaccurate or incomplete personal data that we have about you. If we have shared this personal data with third parties, we will notify them about the rectification, unless this is impossible or involves disproportionate effort.

Right to data portability: You are entitled to transfer your personal data between personal data controllers. In order to enable you to do so, we will provide you with your data in a commonly used machine -readable format that is password protected so that you can transfer the data to another online platform. This right to data portability applies to:

Personal data that we process automatically (without any human intervention);
Personal data that you provide to us.

Right to submit a complaint to a supervisory authority:
You are entitled to submit a complaint with your local supervisory authority.
You can exercise any of these rights, or withdraw your consent for the processing of your personal data, by sending an email to privacy@ingeniva.eu .

It is important that the personal information we process about you is accurate and current. Please keep us informed if your personal information changes.

K. How do we store and transfer your data internationally?

In order to provide you with the best service and to perform the purposes described in this Privacy Statement, your data may be transferred:

between and within Ingeniva BE + Ingeniva NL entities;
to third parties (such as advisers or other Ingeniva suppliers);
to overseas clients;
to clients within your country who, in turn, may transfer your data internationally;
to a cloud-based storage provider;
to other third parties.

We want to make sure that your data is stored and transferred in a secure manner. We will therefore only transfer data outside of the European Economic Area (the Member States of the European Union, together with Norway, Iceland and Liechtenstein) where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, for example by signing an agreement regarding transfer of data in which the standard contractual clauses are included as adopted by the European Commission for the transfer of personal data by personal data controllers in the EEA to personal data controllers and processors in jurisdictions without adequate data protection laws.

L. Our legal basis for processing your data

Legitimate interests
The GDPR states that we can process your data when it “is necessary for the purposes of the legitimate interests pursued by the personal data controller (Ingeniva) or by a third party, except when such interests are overridden by the interests and fundamental rights of freedom of the data subject (you) that require protection of personal data”.
Candidate data
It is reasonable to expect that when you are looking for employment or have posted your resume on a job site or professional network site, you agree that we collect and use your personal data in order to offer or provide our recruitment services to you, share that information with prospective employers and evaluate your skills according to our job vacancies. When it may be possible that could get the job, your prospective employer may also want to double check information that you provided to us or confirm your references, qualifications and criminal record, to the extent that this is appropriate and in accordance with local laws.
We want to provide you with applicable job recommendations and relevant articles in order to help you in your job search. We therefore believe it is reasonable that we process your data in order to ensure that we send you the most appropriate information.
We also need to use your data for our internal administrative activities, such as payroll and invoicing.
Client data
In order to be able to guarantee that we provide you with the best possible service, we store your personal data and/or personal data of individual contacts within your organization and we keep records of our conversations, meetings, registered job vacancies and placements. We consider this use of your data as necessary for our legitimate interests as an organization that provides you with various recruitment services.
Supplier data
We store the personal data of individuals within your organization and your financial details in order to facilitate the receipt of and the payment for your services as one of our suppliers.
All of these activities are necessary within the scope of our legitimate interests as a recipient of your services.
People whose data we receive from candidates and personnel, such as references
If a candidate or a prospective member of Personnel indicated you as one of their references, then we use your personal data in order to contact you for a reference. This is a part of our quality assurance procedure and that is why we consider this necessary for our legitimate interests as an organization that offers recruitment services and employs people itself.
Consent
In certain circumstances, we are obligated to obtain your consent for the processing of your personal data regarding specific activities (e.g. the inclusion in the recruitment pool, the inclusion in a mailing database, …). Depending on what we do with your information exactly, this consent will be opt-in consent.
The GDPR states that consent is “any freely given, specific, informed, and unambiguous indication with which the data subject accepts processing of personal data regarding him/her by means of a statement or unambiguous active action”.
This means that:

you must give us your consent freely, without our pressuring you in any way;
you must know to what you are providing consent;

you must have control over the processing activities to which you provide consent;
you must take unambiguous active action in providing your consent.

We will keep records of the consents that you have provided in this manner.
You are entitled to withdraw your consent at any time by sending an email to privacy@ingeniva.eu .

Contract
As soon as there is a contractual relationship between parties, the processing of your personal data will occur on the basis of the legal foundation in executing an agreement.
Legal Basis
The personal data concerning your health can be processed by Bright Plus in accordance with the General Data Protection Regulation (AVG) 2016/679 of the European Parliament and the Council of 27 April 2016.
The data that appears on your extract from the criminal record can be processed by Ingeniva on condition that this is done in accordance with the General Data Protection Regulation (AVG) 2016/679 of the European Parliament and the Council of 27 April 2016.

M. Exercising or defending criminal procedures

It may be necessary at times for us to process personal data and, where appropriate and in accordance with local laws and requirements, sensitive personal data in connection with exercising or defending criminal procedures.
The GDPR allows this processing when it “is necessary for the establishment, exercise or substantiation of a legal claim or when courts act in their legal capacity”.

II. SUPPLEMENTARY PROVISIONS

In addition to the General Provisions (part I), the provisions contained in this section are applicable if and insofar as you use the Bright Plus Website.

A. Website

Ingeniva is responsible for the content of the Website www.ingeniva.eu .
The Ingeniva Website is public and accessible worldwide, with the exception of the Portal(s) and/or Community Network(s) present on the Website. Each Data Subject can visit the Ingeniva Website without communicating his/her Personal Data to Ingeniva.

B. References and links

The Ingeniva Website contains references and/or hyperlinks to one or more third party websites. Ingeniva is not liable in any way for the manner in which these third parties deal with the privacy legislation. Ingeniva therefore recommends that you also read the privacy policy of these third-party websites so that you are informed about how these third parties deal with your Personal Data.

C. Use of log files

The Ingeniva Website automatically collects specific non-identifiable information concerning the visitors to its Website, including the Internet Protocol (IP) address of your computer, the date and time of accessing the Website, the internet address of the website from which you have been redirected to the Ingeniva Website, the IP address of your Internet Service Provider, your operating system, the parts, information and pages from the Website that you visited and/or viewed, as well as the material that you send to or download from the Website. This technical information is used for the management of the Website and to optimize the Website and Ingeniva’s services. In addition, these data can be used for historical, statistical or scientific purposes. The stored technical data can be forwarded to third parties and can be permanently stored for future use.

D. Cookies

General information about our Cookie policy
We try to make your visit to our site as pleasant as possible. We also try to provide customized information that is adapted to your surf profile. We use cookies for this purpose.

What are cookies?
Cookies are small text files that are created by the web server but are stored on the device with which you visit this website. Cookies are stored on the hard disk of your PC or in the memory of your smartphone or tablet. A cookie usually contains the name of the website from where the cookie originates, the “life span” of the cookie (that is, how long the cookie will remain on your device) and a value that usually consists of a randomly generated unique number.

What is the purpose of cookies?
First of all, we use cookies to improve your user experience and to help our online services function better. In general, cookies ease and accelerate the interaction between you and the website or (mobile) application that you visit. For example, they help you navigate between the different parts of a website. If we can identify you with a cookie, you do not always have to enter the same data, for example, your login data. In addition, we use cookies to make the content of our websites and (mobile) applications more interesting for you. We do this by adapting that content to your personal taste and needs. We also use cookies to identify your surfing behavior. How did you end up on our website? How long did you use it? With statistical results, we can improve our websites where necessary and respond to our users’ preferences and needs. Finally, we can use this data in order to fulfill specific reporting obligations.

What types of cookies we use can be found in the Cookie Policy on our Website ?

How can I manage or delete cookies?
Most browsers are set up to automatically accept cookies. You can adjust the settings of your browser so that cookies are blocked or you are warned when a cookie is placed on your device. You can also manually delete the cookies from your device or have this automatically performed by your browser after each visit to the website. Consult your browser’s help function for this purpose.
If you disable the cookies used by this website, it can prevent you from visiting certain areas of the website or that specific settings will not be remembered when you return to this website later. For example, specific pages will not open, specific clips will not play or specific data will not be saved in order to be filled in automatically on a subsequent visit.

III. HOW CAN YOU CONTACT US?

If you have any questions, comments or complaints regarding this Privacy Statement and the manner in which Ingeniva records, uses and processes your data, you can let us know via email to privacy@ingeniva.eu or send a letter to Ingeniva BV, Privacy Office, Klein Heiken 114, 2950 Kapellen.
If you wish to contact the data protection officer, you can do so by email privacy@ingeniva.eu .

You are also entitled to file a complaint with the Belgian Data Protection Authority, Belgische Gegevensbeschermingsautoriteit, Drukpersstraat 35, 1000 Brussels, Tel +32 (0)2 274 48 00, Fax +32 (0)2 274 48 35, email: contact@apd-gba.be.

You also have the right to complain to the Dutch Data Protection Authority, Hoge Nieuwstraat 8, 2514 EL The Hague, Tel +31 (0) 88 1805 250, email: fg@autoriteitpersoonsgegevens.nl .