Privacy & IP Policy
We invite you to take the time to read this policy to become aware of how we handle this subject. You may object to the processing of your data, as explained in Chapter 6 of this notice.
The protection of your privacy is important to Tobania. We undertake to protect and process your personal data in strict compliance with the law, and to make sure you have the latest information.
1. What is this policy about?
A. What does “processing your data” mean, and who is the controller.
“Processing” means any operation or set of operations which is performed upon personal data such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by means of transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction of personal data.
Tobania NV, with its registered office at 1853 Strombeek-Bever, Romeinsesteenweg 564 bus 4 is responsible for processing the personal data it deems necessary to process.
We are therefore the party whom you, as well as the supervisory authorities (for example the Data Protection Authority), should contact for any questions you may have relating to the way Tobania uses your data.
B. To whom is it addressed?
Those affected by this policy are:
- Customers, sub-contractors, candidates, prospects, website visitors etc. of Tobania who are natural persons;
- All other natural persons who are involved in any transaction with Tobania as representatives of our customers, sub-contractors, prospects, candidates etc. whether private individuals or legal entities (for example company directors, agents, legal representatives or other contact persons).
This policy does not affect:
- Legal entities.
C. What data are covered by this policy?
The data covered by this policy are personal data, i.e. any information in relation to an identified or identifiable natural persons.
Whenever you interact with Tobania, we may collect various personal data:
- identification data: your name, address, date and place of birth, picture, account number, phone number, e-mail address, IP address, household composition, educational history, employment history, references, your qualifications skills,…;
- data relating to your behaviour and habits when using our affiliates or our internet websites;
From time to time we may obtain personal data about you from business partners (contact details and professional information) provided you have consented to the disclosure of your personal data to us. You may contact us to obtain further information about the source of your personal data.
2. For which purposes are your personal data processed?
Your personal data can be processed for the following purposes:
- To improve our websites and our services;
- To fulfill legal and contractual obligations (customers, supplier, …);
- To market our services (including sending you promotional messages about our products and services);
- To maintain our business relationship, where you are a user of our website, a client or a candidate;
- For recruitment, in case you participate in a recruitment process;
- To retain candidate details and notify about future job opportunities;
- To disclose personal data in the light of legal, regulatory and judicial requirements and requests;
3. What is the lawfulness of processing your personal data?
We process your personal data for different purposes. For each processing, only the data that are relevant to the intended purpose will be processed.
Generally, we will use your personal data either:
- as part of performing a contract or taking pre-contractual steps;
- to comply with all the legal and regulatory provisions that govern us;
- for reasons relating to the legitimate interests of Tobania, i.e. the freedom to do business, information security, fraud detection and prevention as well as direct marketing. When we carry out this type of processing, we always seek to maintain the balance between this legitimate interest and the protection of your privacy. We do not use personal data where our interest is overridden by the impact on you (unless we have your consent or are otherwise required for legal and regulatory compliance); or
- Whenever we have obtained your explicit consent.
4. How do we protect your data?
We have set up an adequate standard of security when it comes to safeguarding and protecting personal data in accordance with our legal obligations. By so doing, we want to prevent any unauthorized person from gaining access to, processing, altering or deleting personal data.
We would like to draw your attention to the fact that no security measures can guarantee 100% security.
You also have an important role to play in safeguarding your personal data. E.g. you should choose sufficiently strong password and never share your account credentials (log-in and passwords).
5. Who has access to your data and to whom are they transferred?
The people who are authorized to access your data are specifically defined depending on their role.
We transfer your personal data to third parties listed below. If these parties are based in US, we will check if they are a member of the EU/US privacy shield and if they have the required level of security and confidentiality measures or, alternatively, implement standard contractual clauses for the transfer of personal data.
- To customers in the context of recruitment or temporary employment;
- To companies which perform business support functions as a processor for Tobania (for example: a service provider such as SD Worx);
- Where relevant, to your employer;
- To regulatory and supervisory authorities;
- To legal and professional advisors
- Other companies in the Tobania group
6. What are your rights and how can you exercise them?
Under the applicable data protection legislation, we will use reasonable efforts to ensure that your personal information is accurate and up to date. Therefore, please advise us of any changes to your information.
You are entitled to request access to the details of personal data we hold about you and to have it rectified or erased as allowed by applicable data protection legislation. You may object to or restrict the processing of your personal data in accordance with the applicable data protection legislation. In case of direct marketing, you may object to our processing for direct marketing purposes. If the processing of personal data is based on your explicit consent you may withdraw your consent at any time without affecting the lawfulness of processing such data prior to such withdrawal.
You have the right to access the personal data you have provided us, in a structured, commonly used and machine-readable format and you have the right to transmit this data to another controller without consent from us (data portability). This right is however subject to restrictions and conditions.
In relation to exercising your right, you can send us your signed and dated request. Please be as accurate as possible when formulating requests:
- By ordinary mail to:
Romeinsesteenweg 564 bus 4
- By e-mail to email@example.com
Where we have doubt about your identity, we may ask you to adduce evidence of your identity.
In case of disagreement relating to the processing of your personal data, you can submit a request for mediation to the Data Protection Authority at the address mentioned hereunder. However, we encourage you to contact us first in order to try to seek a speedy solution regarding the disagreement.
Data Protection Authority
Rue de la Presse 35
Tel.: +32 2 274 48 00
7. How long do we retain your personal data?
We may not keep your personal data for longer than what is necessary for the processing purposes for which they were collected. We will appropriately and securely dispose of your personal data when it is no longer required. We take into account the sensitivity of your personal data, the purpose and the legal requirements in order to use the appropriate retention period.
General contact details and marketing details will be stored up for 5 years after the last contact.
If you have not been placed in a job by us, your personal data will be stored up to 3 years after the final contact (candidate database). At the end of this period you will be contacted again to rectify or erase your personal data.
We keep basic information about our customers and suppliers for up to 10 years for liability, legal, tax and compliance purposes after the end of the contract
For more information about our retention policy, please contact firstname.lastname@example.org.
9. Contact details