Last modified on 23 May 2019.
First of all, we are excited that you are interested in Spencer.
In this privacy statement we document the way Personal Data is processed by us.
It is possible that we will ask you to share certain Personal Data with us, including but not limited to your first name, last name, telephone number, address, e-mail address (identification data). In relation to certain legal obligations (electronical registration of attendance) you might have to provide us with additional data in order for us to register your attendance (E-ID-data, Limosa number,…).
We only collect Personal Data that is necessary to inform you about our services, to execute agreements with you and to contact you.
The legal grounds for the processing of your Personal Data is the execution of an agreement, a legal obligation and our legitimate interest (Article 2).
The processing of your Personal Data is subject to this privacy statement. In case you have questions or remarks, please contact email@example.com.
By providing Personal Data you are deemed to have acknowledged the use of your Personal Data in accordance with this privacy statement.
Article 1 – DEFINITIONS
“Affiliated Company” means a company which Spencer is affiliated to, provided that such company meets the conditions for an “affiliated company” as set out in Article 11 of the Belgian Company code.
“Controller” has the meaning as defined in the General Data Protection Regulation 2016/679. Spencer will be qualified as the Controller which determines the purposes and means of the processing of Personal Data.
“Spencer” means RECNEPS NV, a company with registered office situated at 2000 Antwerp, Scheldestraat 11, registered in the Belgian Crossroad Bank for Enterprises with number 0667.513.616.
“Personal Data” has the meaning as defined in the General Data Protection Regulation 2016/679, which is any information relating to an identified or identifiable natural person (also called the “data subject”).
“Processor” has the meaning as defined in the General Data Protection Regulation 2016/679, which processes Personal Data on behalf of the Controller.
“Website” means the website www.spencer.co.
Article 2 – PURPOSES AND LEGAL GROUNDS
In the framework of our services and commercial activities we collect and process identity and contact data of our clients, their personnel, collaborators, associates and any useful contacts. The purposes of this processing are the execution of the agreements with our clients, customer care, bookkeeping and direct marketing purposes such as the sending of promotional or commercial information. The legal grounds are the execution of an agreement, the fulfilment of legal and regulatory obligations and/or our legitimate interest.
Supplier and subcontractor data
We collect and process identity and contact data of our suppliers and subcontractors, their subcontractors, their personnel, collaborators, associates and any useful contacts. The purposes of this processing are the execution of the agreement(s), supplier/subcontractor care, bookkeeping and direct marketing purposes such as the sending of promotional or commercial information. The legal grounds are the execution of an agreement, the fulfilment of legal and regulatory obligations (such as the mandatory electronical attendance registration) and/or our legitimate interest (for direct marketing).
We process Personal Data of our employees in relation to our personnel and our staffing services and our salary administration services.
Besides client, supplier/subcontractor and personnel data, we process Personal Data of other people, such as potential new clients/prospects, useful contacts within our sector, networking contacts, etc. These data are collected through our Website or through other channels. The purposes of processing are in the interest of our commercial activity, direct marketing and public relations. The legal ground is our legitimate interest and, in some cases, the execution of an agreement.
More specifically, we can use the Personal Data we collect from you for the following purposes:
- to provide you with information about our services;
- to provide you with our services and to execute agreement(s) with you;
- to inspect and process potential complaints or requests;
- to help us evaluate, correct or improve our Website and all related services of Spencer;
- for direct marketing purposes;
- for internal reasons, such as corporate administration and archiving purposes.
Article 3 – THE CONFIDENTIALITY OF YOUR PERSONAL DATA
Every time you as a user submit Personal Data, we shall handle this information in accordance with the stipulations of this privacy statement and any legal obligations applicable to the processing of Personal Data, including the General Data Protection Regulation (GDPR) 2016/679.
We shall establish appropriate measures and procedures to secure and protect the Personal Data we collect via the Website or via electronic correspondence.
In this way, we undertake to prevent, as far as possible, illegal processing of Personal Data and unintentional loss or liquidation of your Personal Data. However, despite these precautions, we cannot guarantee that your Personal Data is protected when it gets displayed or reported via unsecured means in another way than via the Website or otherwise communicated.
We optimize the security of your Personal Data by limiting the access to your Personal Data to persons on a “need-to-know” basis (for example: only Spencer employees or associates who need your Personal Data for the purposes as described in Article 2 will have access to the data).
Article 4 – HOW DO WE COLLECT YOUR PERSONAL DATA AND HOW LONG IS IT KEPT?
Spencer collects your Personal Data:
- when you submit Personal Data via the Website;
- when you enter into an (employment) agreement with us;
- when you call or mail us or correspond with us via another way than the Website.
We can combine the Personal Data we collect via the Website with information which you provide us in another way or which third parties deliver to us.
Personal Data will be kept and processed by us for the duration that is required in relation to the purposes of the processing depending on whether we have a contractual relationship with you or not.
Client data and supplier or subcontractor data will be removed from our systems after 7 years after the termination of the agreement involved, except for the Personal Data that we have to store for a longer duration based on specific legal obligations or in case of pending litigation(s).
Data collected through the Website or through any other channel (other data) will not be kept longer than 5 years after the last useful contact between us and you.
Personnel Data will be removed after 5 years after the termination of the employment relation.
We avoid the collection of Personal Data that are not relevant for the purposes as set out in Article 2.
Article 5 – TRANSFER OF PERSONAL DATA
We will not transfer your Personal Data to third parties outside the European Economic Area, except to subcontractors or employees who retain the Personal Data on servers in the United States, have undertaken to do so under the Privacy Shield or in accordance with the European Commission’s Standard Contract Terms and thereby provide an adequate level of security for the processing of Personal Data.
Furthermore, we will not transfer your Personal Data to third parties inside the European Economic Area without your permission, except:
- to Affiliated Companies;
- (ii)when these data are necessary to permit employees, agents, subcontractors, suppliers or commercial partners to provide a service or accomplish a task in the name of Spencer, including but not limited to providing marketing support, accomplish market research or providing user services;
- (iii)if it is required or permitted by the applicable law.
Any transfer of Personal Data to one of the third parties mentioned in the list above, is in accordance with the stipulations of the General Data Protection Regulation (GDPR) 2016/679.
We ensure that measures are taken to make sure that third parties cannot use your Personal Data for other purposes than the purposes mentioned exhaustively in Article 2, and that these third parties have taken the necessary technical and organizational measures to protect these data.
We will have data processing agreements in place with the aforementioned third parties in order to ensure the security of the Personal Data.
We shall take all necessary precautionary measures to assure that our employees and associates who have access to Personal Data will process these Personal Data exclusively in accordance with this privacy statement and the obligations under the applicable privacy regulations.
Article 6 – RIGHTS OF THE DATA SUBJECT
By virtue of both Belgian and European legislation concerning data protection, you have the rights as mentioned below. If you want to exercise these rights, you have to send us a written request and provide a copy of your ID card to firstname.lastname@example.org.
We will provide you with information within one (1) month of receipt of the request on the action that will be taken. We can extend this one-month period to a maximum of three (3) months, in which case you will be informed about the reasons for such delay within one (1) month of the original request.
The right of access to Personal Data
You have the right to instruct us to provide you with any Personal Data we hold about you, providing the rights of other data subjects are not affected.
The right to rectification of Personal Data
We kindly ask you to help to make sure that the Personal Data in our records are as accurate and up-to-date as possible. If you believe that the Personal Data submitted to us are incorrect or incomplete, please notify us as described above. We will correct or adapt your Personal Data as soon as possible.
The right to erasure of Personal Data
In some circumstances you have the right to the erasure of your Personal Data without undue delay. Those circumstances include:
- the unnecessity to hold the Personal Data any longer in relation to the purposes for which they were collected or otherwise processed;
- the withdrawing of the consent to consent-based processing;
- the processing that is for direct marketing purposes; and
- in case the Personal Data have been unlawfully processed.
However, there are certain general exclusions of the right to erasure. Those general exclusions include where processing is necessary:
- for exercising the right of freedom of expression and information;
- for compliance with a legal obligation; or
- for the establishment, exercise or defence of legal claims.
The right to restrict the processing of Personal Data
In the following circumstances you have the right to restrict the processing of your Personal Data:
- for contesting the accuracy of the Personal Data;
- when the process is unlawful but you don’t want the Personal Data to be erased; or
- when you objected to processing, pending the verification of that objection.
Where processing has been restricted on this basis, we may continue to store your Personal Data. However, we will only process it with your explicit consent, for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest.
The right to object
You have the right to object to our processing of your Personal Data.
The right to data portability
If you wish to exercise your right to data portability, we will send the Personal Data in a structured, commonly used and machine-readable format to a controller of your choice.
The right to withdraw consent
To the extent that the legal basis for our processing of your Personal Data is consent, you have the right to withdraw that consent at any time. However, withdrawal will not affect the lawfulness of processing before the withdrawal.
The right to complain to a supervisory authority
You can file a complaint with the Data Protection Authority (“Gegevensbeschermingsautoriteit”) by sending an e-mail to email@example.com or by sending a written request to the Data Protection Authority with registered address located at 1000 Brussels, Drukpersstraat 35.
Article 7 – THIRD PARTY LINKS
The Website may contain links to websites of third parties which are not controlled by us. Although we will do our utmost to make sure that the links on the Website lead exclusively to websites which share the safety and confidentiality standards of Spencer, we are not responsible for the protection and confidentiality of data, among Personal Data which you submit on other websites after you have left the Website.
Before submitting Personal Data we recommend that you proceed carefully and consult the privacy statement which applies on the website concerned.
Article 8 – COOKIES
Spencer might use “cookies” whenever you make use of the Website. A “cookie” is information that is sent via the server to your device and that is stored on the hard drive of your device. Cookies can help Spencer to identify your device whenever you use the Website. That way Spencer can make the Website more user friendly and offer you a personalised service.