Most recent update: [23 April 2018]

At Demival, we find it important to treat the personal data collected from all our employees safely and confidentially. This Privacy Policy outlines which of your personal data we process, on what grounds we process them and why we process them. Finally, we would like to inform you of the security measures that we take to protect your personal data. Demival, which has its registered office at Machelenstraat 169 in Deinze, is the Controller of your personal data. Demival declares that, as Controller, it is compliant with the Belgian privacy legislation, as well as with the provisions of the General Data Protection Regulation, as from the day it came into force.

1. What are personal data?

The General Data Protection Regulation defines personal data as follows: any information relating to an identified or identifiable natural person, (‘ data subject’’); an identifiable 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, mental, economic, cultural or social identity of that natural person.Where this Privacy Policy refers to personal data, it refers to this definition from the Regulation.

 

2. What personal data are processed?

We collect and process various personal data of our employees. This concerns the following personal data, for example:

•  curriculum vitae, notes made during the intake interview;
• photographs (e.g. during a staff party);
• payroll information such as: your national registry number, address, seniority, civil status, bank account number, family composition, date of birth, telephone number and email address;
• your wages and payslips;
• the name of a contact in case of emergency;
• evaluation forms, etc.;
• you can view the full list in the registers in the personnel manager’s office.

 

3. Why are these personal data processed and what is the legal basis for the processing?

The personal data will be processed for the purpose of being able to provide the services in accordance with the employment contract:

for example, your payroll information is collected for the purposes of our payroll administrative services and the legal basis for this is the execution of your employment contract.

The name of a contact in case of emergency is collected so that we can contact a family member or relative in case of emergency and the legal basis for this is the need of protecting the employee’s vital interests.

You can find the full legitimacy for all acquired data in the registers in the personnel manager’s office.

 

4. Duration of the processing

We keep and process the personal data as long as this is necessary for proper functioning purposes.

Your personal data will in any event be removed from our systems after a period of 10 years after you have left our employment.

You can find the duration for all acquired data in the registers in the personnel manager’s office.

 

5. What are your rights as employee?

• Right to access and view

You have the right to take due note at any point in time of your personal data and of the use that we make of your personal data.

• Right to correct, erase and restrict

You are free to communicate or not communicate your personal data to us. In addition, you always have the right to request us to correct, supplement or erase your personal data.

However, you cannot object to processing your personal data that we are compelled to keep and process for our payroll administrative work and such data regarding you that we must keep and process in accordance with the law.

You may also request that the processing of your personal data be restricted.

• Right of objection

You also have a right to object to the processing of your personal data for serious and legitimate reasons.

• Right of free data transfer

You have the right to obtain your personal data that are processed by us in a structured and legible text.

• Right to withdraw your consent

To the extent that the processing is based on your prior consent, you have the right to withdraw such consent.

• Automatic decisions and profiling

The processing of your personal data does not include any profiling, neither will you be subjected to automated decisions.

• Exercising your rights

You can exercise your rights by contacting our personnel manager.

• Complaints

You have the right to file a complaint with the Belgian Privacy Commission: Data Protection Authority, Drukpersstraat 35, 1000 Brussels, Tel. +32 (0)2 274 48 00, Fax +32 (0)2 274 48 35, email: commission@privacycommission.be.

This does not prejudice any remedy before a civil court.

You can file a claim for compensation for damages if you suffer damages as a result of the processing of your personal data.

 

6. Transmission to third parties

Some of your specific personal data that we process are transmitted to third parties. These are the following data:

Payroll information is firstly given to our secretarial office (see labour regulations), the purpose of which is to perform our payroll administrative services and, secondly, to the competent government bodies within the framework of our statutory obligations.

You can find the full overview of “transmission to third parties” for all acquired data in the registers in the personnel manager’s office.

In the case of a full or partial reorganisation or transfer of the operations of Demival, where it reorganises, transfers or stops its business activities or if Demival is declared insolvent, this can mean that your data are transferred to new entities or third parties by whom all or part of the Demival business activities are performed.

Demival will in all reasonableness attempt to notify you in advance of the fact that we disclose your data to the said third party, but you will also acknowledge that this is not technically or commercially viable in all circumstances.

Demival will not sell, let, distribute your personal data or make them commercially available to third parties in any way other than the way outlined above or unless your give your prior consent.

It may occur in extremely rare cases that we need to disclose your personal data in accordance with a court order or to fulfil any other mandatory legislation or regulation. Demival will in all reasonableness attempt to notify you in advance unless this is subject is some or other statutory restriction.

 

     7. Security and confidentiality

We have developed technically and administratively adapted security measures to prevent the personal data collected from destruction, loss, fraud, amendment, access by unauthorised persons or notification by mistake to third parties, as well as any other unauthorised processing of such data.