Privacy Statement

WEBSITE

I. GENERAL PROVISIONS

A. Introduction

  1. This Privacy Statement explains how we treat your personal data and is applicable to the registration and processing of all personal data that you provide in any way to the following companies (collectively referred to as Bright Plus): Bright Plus NV/SA and Bright Plus Outsourcing NV/SA are each responsible for the processing of your personal data.
  2. It describes how we collect, use and process your personal data and how we satisfy our legal obligations towards you.
    Bright Plus attaches the greatest importance to the privacy of your personal data and will only use it for the purposes described in this Privacy Statement.
  3. This Privacy Statement is applicable to the personal data of our Website Users, Candidates, Clients, Suppliers, UPoint users and other people with whom we may contact in order to find out more about our Candidates.
  4. In view of the relevant data protection legislation, including, but not limited to, the General Data Protection Regulation (GDPR) 2016/679, Bright Plus is the company that is responsible for your personal data.
  5. Bright Plus 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.
  6. 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, Bright Plus 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.
  7. 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 Bright Plus, including permanent, part-time and temporary positions and freelance assignments with Bright Plus Clients, as well as people who have sent a resume to Bright Plus that is not related to a specific job. Individual contractors, freelancers and supplier employees who have been proposed for positions at Bright Plus Clients as part of an MSP offering or otherwise will be treated as candidates for the application of this Privacy Statement.
  • Clients – This category includes our customers and others to whom Bright Plus 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.
  • Managed Service Provider (MSP) Programs – Outsourcing by Clients of the management of external personnel (including freelancers, independent contractors and temporary employees) to an external recruitment provider.
  • Recruitment Process Outsourcing (RPO) services – Full or partial outsourcing of the recruitment process for permanent employees to a recruitment provider.
  • Personnel – Includes employees and interns who are directly involved in the Bright Plus business as well as specific other people who are involved in the provision of service to Bright Plus. Personnel does not include individuals hired by Bright Plus for the purpose of being placed with Clients outside of an RPO /MSP agreement (i.e., project sourcing, temporary work). These individuals are treated in the same way as the Bright Plus Candidates and are included under this Privacy Statement.
    In the same way, independent contractors and consultants who perform services for Bright Plus are included under the definition of "Supplier" for the purposes of this Privacy Statement.
  • Suppliers – Refers to partners and companies and independent contractors and freelancers who provide services to Bright Plus. In specific cases, Bright Plus will outsource the services it provides to Clients to external suppliers who perform services on Bright Plus's behalf. Suppliers that are individual contractors, freelancers, or supplier employees will be treated as Candidates for data protection purposes. In this context, Bright Plus requires Suppliers to communicate the relevant parts of this Privacy Statement to their employees.
  • UPoint users – this includes users of the UPoint mobile application and portal.

C. Whose personal data is processed?

In order to be able to use the Bright Plus services, you must provide the personal data necessary for the Bright Plus work/services.

  1. 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.
  2. 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, providing a Managed Service Provider (MSP) program and notifying you about the magazine (whether or not digital) published and commissioned by Bright Plus.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. UPoint users: You were included in a pool of suitable candidates to work as a temporary worker for a client for whom Bright Plus centrally manages the planning, through a partner temporary employment agency. In order to make planning proposals to you, we process your availability and a limited amount of personal data to identify and authenticate you on the UPoint mobile application and portal.

D. How do we collect your personal data

  1. Personal data that you give to us, for example:
    • by entering your details on the Bright Plus website or via an application form, as part of the registration process;
    • by leaving a printed resume at an Bright Plus office;
    • by emailing your resume to an Bright Plus consultant or being interviewed by an Bright Plus consultant;
    • by applying for jobs through a job aggregator, which then redirects you to the Bright Plus website;
    • by entering your personal details into an Bright Plus microsite;
    • through a social media channel such as Facebook or Twitter;
    • where you, as a customer, proactively contact us by telephone or email;
    • when you give us your business card;
    • images captured by a security camera;
    • ...
  2. 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;
    • if you "like" us on Facebook or follow us on Twitter, then we receive your personal information from those sites;
    • an MSP provider may share personal information about you with us;
    • when you are listed as a customer on a list of participants of relevant events;
    • A partner temporary employment agency has included you in a pool of suitable candidates for a client for whom Bright Plus centrally manages the planning;
    • ...
  3. 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

  1. The personal data that you provide to Bright Plus is processed for the purpose of:
    • being able to execute and manage your registration;
    • checking this data for completeness and correctness;
    • being able to give you access to and allowing you to use the Bright Plus Portal(s) and/or Community Network(s);
    • enabling you to use the Bright Plus 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 Bright Plus 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 NOT FOUND: v Principals and/or relations;
    • having you perform work, services and/or projects at Bright Plus Principals and/or relations;
    • informing you about similar Bright Plus products and/or services;
    • informing you about matters that, in Bright Plus's opinion, are important for you (including (new) job openings, Training organized by Bright Plus, 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 Bright Plus 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 Bright Plus 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 Bright Plus Website;
    • periodically sending you the Company Magazine (if and insofar as you qualify for this purpose);
    • periodically sending you one or more journals and/or magazines, whether or not in digital form, that are relevant for professional knowledge, this in the broadest sense of the word (if and insofar as you qualify for this purpose);
    • informing you about the products and/or services of Bright Plus's carefully selected partners by placing information about them on its Website or by including information about them in its Company Magazine;
    • using and forwarding it to Bright Plus Principals, relations and subcontractors and to government agencies;
    • providing it to the group companies affiliated with Bright Plus within the Bright Plus concern, meaning that your data may (also) be included in the database of these affiliated group companies;
    • 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;
    • protection of the movable and immovable properties owned by Bright Plus.
  1. By registering with Bright Plus, you grant to Bright Plus 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 Bright Plus.
  2. 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 Bright Plus, including the products and services of Bright Plus's carefully selected. You can revoke your granted permission at any time by sending an email to privacy@brightplus.be.
  3. If your data is used by Bright Plus to inform you by email, SMS or any other electronic means of communication about the similar products and services offered by Bright Plus, then you can object to this at any time by sending an email to privacy@brightplus.be with the request to no longer use your data for this purpose.
  4. If your data is used by Bright Plus to periodically send you the Company Magazine or one or more journals and/or magazines, whether or not in digital form, that are relevant for your professional knowledge, this in the broadest sense of the word, you can object to this at any time by sending an email to privacy@brightplus.be with the request to no longer use your data for this purpose.
  5. If your data is provided to the group companies affiliated with Bright Plus and your data is (also) included in the database of these group companies, then this Privacy Statement is also applicable with regard to the processing of your data by these group companies. All of this with the understanding that the name of the relevant group company must be read wherever "Bright Plus" appears in this Privacy Statement.
  6. If necessary, 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.
  7. The data that appears on your extract from the criminal record can be processed by Bright Plus 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:

  • Any of our group companies;
  • 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, MSP Suppliers.

G. How do we safeguard your personal data?

  1. Bright Plus makes the greatest effort to take appropriate organizational and technical measures in order to protect your personal data against wrongful processing and/or loss. Bright Plus employees who have access to your personal data on behalf of Bright Plus are bound by a confidentiality clause.
  2. Despite the security measures taken by Bright Plus, it can occur that third parties nevertheless succeed in circumventing these measures and/or using your personal data for improper purposes. Bright Plus may never be held liable for this situation in any way.
  3. Bright Plus 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 on the basis of this Privacy Statement or with your consent. Bright Plus 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.
    UPoint users
    The personal data of UPoint users is kept for 1 year after the last scheduling.
    Website users
    The personal data of Website users will be kept for 26 months.

I. Liability

  1. Bright Plus's liability for indirect damages is excluded in all cases.
  2. Any potential liability is limited to a maximum amount of € 2,500 per occurrence and a maximum of € 5,000 per calendar year.
  3. Furthermore, Bright Plus's liability will never amount to more than what is paid by its insurance in the relevant situation.

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

  1. 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.
  2. 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.
  3. 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.
  4. 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;
  1. 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.
  2. 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.
  3. 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.
  4. 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@brightplus.be.
    If you have access to a portal or a mobile application, you can submit a request for deletion directly in the portal or application.
    You can also request a form in one of our offices that you can fill out in order to exercise any of your rights.
    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 RGF Staffing Belgium / Recruit entities;
  • to third parties (such as advisers or other Bright Plus 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

  1. 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 (Bright Plus nv/sa) 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.
  1. 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@brightplus.be.
  2. 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.
  3. 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 Bright Plus 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

  • Bright Plus is responsible for the content of the Website www.brightplus.be.
  • The Bright Plus 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 Bright Plus Website without communicating his/her Personal Data to Bright Plus.

B. References and links

The Bright Plus Website contains references and/or hyperlinks to one or more third party websites. Bright Plus is not liable in any way for the manner in which these third parties deal with the privacy legislation. Bright Plus 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 Bright Plus 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 Bright Plus 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 Bright Plus 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

  1. 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.
  1. 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.
  1. 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.
  1. What types of cookies we use can be found in the Cookie Policy on our Website https://www.brightplus.be/en/cookie-declaration
  1. 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 Bright Plus records, uses and processes your data, you can let us know via email to privacy@brightplus.be or send a letter to RGF Staffing Belgium, Privacy Office, Frankrijklei 101, 2000 Antwerp.
If you wish to contact the data protection officer, you can do so by email at privacy@rgfstaffing.be.

MOBILE APPLICATION

I. GENERAL PROVISIONS

A. Introduction

  1. This Privacy Statement explains what we do with your personal data and is applicable to the registration and processing of any and all personal data that you make available, in any way whatsoever, to Bright Plus nv/sa and/or Bright Plus Outsourcing Solutions nv/sa (hereafter Bright Plus) in its capacity of controller.
  2. It describes how we collect, use, and process your personal data and how we, in connection therewith, comply with our statutory obligations in respect of you.
    Bright Plus attaches paramount importance to the privacy of your personal data and shall only use them for the purposes outlined in this Privacy Statement.
  3. This Privacy Statement is applicable to the personal data of our App Users, and other persons whom we could contact in order to gain more information about our Users.
  4. In view of the relevant legislation in the area of data protection, including but not limited to the General Data Protection Regulation (GDPR) 2016/679, the business responsible for your personal data is Bright Plus.
  5. Bright Plus is entitled to change this Privacy Statement at any time. Each and every change of the Privacy Statement shall be communicated on this App. The latest Privacy Statement can always be found on this App.
  6. If a provision set forth in this Privacy Statement is fully or partly invalid, voidable or in violation of the law then this shall be deemed to stand alone and shall not be applicable.
    As the occasion arises, Bright Plus shall replace the relevant provision by a provision of an identical scope that is not fully or partly invalid, voidable or in violation of the law. The other provisions of the Privacy Statement shall remain in full force and effect.
  7. Belgian law is applicable to these GTCU. Potential disputes with regard to (the use of) the App that cannot be settled amicably shall be brought to the cognisance of the courts of the judicial district of Antwerp - Antwerp Division - that shall, with the exclusion of other courts, be competent.

B. Definitions

    • Application and/or Mobile Application and/or App - the software application exploited by RGF Staffing Belgium N.V., having its registered office in 2000 Antwerp at the Frankrijklei 101, with enterprise number 0461.127.904 and delivered by Bright Plus nv/sa, having its registered office in 2000 Antwerpen, Frankrijklei 101, with enterprise number 0447.485.645. The Application provides access to the services as further described in the general terms of use of the App and can be downloaded by the User on his Apple iOs and Android device. The Application also includes Data and Files, the Documents, the software, the programs, the tools (for the programming, the navigation, ...), the databases, the operating systems, the documentation, and any and all other components and services of which it is made, the updates, and the potential new versions provided by RGF Staffing/Bright Plus for the Application.
    • User - the person who downloaded / installed the App and uses it (Project Consultants, Freelancers as well as Candidates).
    • Project Consultants - employees of Bright Plus who perform services at customers of Bright Plus under the responsibility and under the authority of Bright Plus.
    • Freelancers - agents, independent consultants and/or subcontractors - both natural persons and legal persons - who perform services at customers of Bright Plus under the responsibility of Bright Plus or perform services at Bright Plus.
    • Data and Files - any and all data and files placed on the App by Bright Plus, including the structure of the App, the editorial content, the drawings, the illustrations, the images, the photos, the graphic guides, the trademarks, the logos, the trade names, email addresses, HTML codes, formats, the audio-visual works, the multimedia works, the visual content, the video and audio signals, templates, as well as other content that the App contains and/or other components that the App consists of, with the exception of the Documents.
    • Documents - any and all data and documents that the User - depending on his rights - can personally upload respectively complete in the App (including, but not limited to, Profile, time-sheets, sickness notifications, ...).
    • Profile - the profile created by the User upon registration with data about his (legal) person, interests and regions and, for Freelancers, also availability.
    • Candidates - persons who have not concluded a cooperation agreement or employment agreement with Bright Plus yet (this can be both Candidate Project Consultants and Candidate Freelancers).
    • General Data Protection Regulation (GDPR) - a statutory instrument of the European Union to coordinate the European legislation in the area of data protection. The Regulation is applicable from 25 May 2018 and each and every reference to the same must be interpreted in such manner that it includes national legislation that implements the Regulation.

    Words in the singular also include the plural and vice versa. Where he/him is used, this must be read to include she/her.

C. Whose personal data are processed?

To be able to use the services of Bright Plus (more in particular the App) you must make the personal data necessary for the activities / services of Bright Plus available.

  1. Candidate data: To ensure that we can offer the best vacancies to you, we must process certain data of you.
    We only collect information that shall assist us in finding an appropriate position, e.g. your name, your age, contact details, education details, employment history, availabilities, immigration status (whether or not you are in need of a work permit), ...
    Depending on the circumstances and the applicable local legislation and regulations, it may be that we collect medical information or details about criminal convictions.
  2. Project Consultant data: We must process certain data of you: your candidate data as well as your salary and salary slips, the name of a contact person in case of emergencies, the evaluation forms, and payroll information.
  3. Freelancer data: We must process certain data of you: your candidate data as well as your remuneration and time sheets, the name of a contact person or contact details within your organisation (names, telephone numbers, and email addresses) and your bank details to that we can pay for the services that you provide.
  4. Persons from whom we receive data about Candidates and Project Consultants , e.g. references and contact persons for emergencies: in order to be able to offer Candidates appropriate job opportunities in a secure manner and to foresee any potential event for them and our Project Consultants, we require some basic background information.

D. How do we collect your personal data?

  1. Personal data that you supply to us, for instance:
    • leaving your data behind on the App of Bright Plus or via an application form, as part of the registration process;
    • ...
  2. Personal data that we receive from other sources, for instance:
    • your reference person can provide personal information about you;
    • our customers can share personal information about you with us;
    • We can also collect information about you by searching on LinkedIn and other vacancy sites;
    • if you "like" us on Facebook or follow us on Twitter then we receive your personal information from those sites;
    • an MSP supplier can share personal information about you with us;
    • ...
  3. Personal data that we collect via our App:
    • We collect a limited number of data about our App Users that we use to assist us in improving your experience with our App and in managing our services. This includes, for instance, information about the manner that you use our App, the frequency at which you visit our App, the language in which you consult our App, and the moments when our App is most popular.
    • We collect your data automatically via trackers (cfr [II. TRACKERS](#M_TITLE_II)).

E. Purposes of use

  1. The personal data made available to Bright Plus by you are processed with the purpose of:
    • carrying out and administering your registrations;
    • checking these data on completeness and correctness;
    • granting you access and enabling you to use the Portal(s) and/or Community Network(s) of Bright Plus;
    • enabling you to use the App and services of Bright Plus;
    • entering into and maintaining an employment relationship with you or a relationship aimed at the recruitment / performance of contracts and keeping (in connection therewith) a staff, financial, and payroll administration;
    • offering (being able to offer) you work, contracts, training and/or training options, career counselling and/or other (work-related) services;
    • assessing you suitability for a certain position or contract;
    • promoting and stimulating your personal development (if and to the extent that you qualify for it);
    • putting you in contact with or proposing you to one or more clients and/or relations of Bright Plus;
    • having you perform activities, services and/or projects at clients and/or relations of Bright Plus;
    • informing you of similar projects and/or services of Bright Plus;
    • informing you of matters that are, at the discretion of Bright Plus, important to you (including (new) vacancies, training organised by Bright Plus, work-related matters, etc.);
    • informing you and/or warning you of improper use and/or abuse of the App;
    • informing third parties and/or warning third parties of the improper use and/or abuse by you of the App of Bright Plus, to the extent that this is required for the prevention and/or limitation of the improper use or abuse;
    • supplying them to processors that were hired by Bright Plus to perform certain tasks;
    • analysing the labour market and the database of data subjects;
    • informing you of the products and/or services of partners carefully selected by Bright Plus by posting relevant information on its App or by including relevant information in its business magazine;
    • using them and forwarding them to clients, business relations, subcontractors of Bright Plus and official authorities;
    • supplying them to the group companies related to Bright Plus within the group of Bright Plus, comprising that all your data are (also) included in the database of the said related group companies;
    • In exceptional situations, it may be that we use your personal data to assist us in formulating, instituting or putting forward a defence in criminal proceedings;
    • It may therefore be that we use automated technologies. Where appropriate, we shall request for your consent to perform all or some of these activities;
    • Security of movable and immovable property of Bright Plus.
  1. By registering with Bright Plus you entitle Bright Plus to use the data supplied with the registration for the benefit of the aforementioned purposes, to the extent that they are in line with the relationship between you and Bright Plus.
  2. You may be offered the possibility of indicating whether your personal data can also be used to inform you by email, text message or any other electronic means of communication of products and services, not identical or similar to the services of Bright Plus, including the products and services of partners carefully selected by Bright Plus. You can revoke the consent given by you at any time by sending an email to info@brightplus.be.
  3. If your data are used by Bright Plus to inform you by email, text message or any other means of electronic communication of similar products and services offered by Bright Plus then you can object to this at any time by sending an email to info@brightplus.be with the request to no longer have your data used for this purpose.
  4. If your data are used by Bright Plus to periodically provide you, whether or not digitally, with the Business Magazine or one or more journals and/or magazines relevant to the professional knowledge, the latter in the broadest sense of the word, then you can object to this at any time by sending an email to info@brightplus.be with the request to no longer have your data used for this purpose.
  5. If your data are supplied to group companies related to Bright Plus and the data are (also) included in the database of the said group companies then this Privacy Statement shall also apply in respect of the processing of your data by the said group companies. All with the understanding that where Bright Plus is mentioned, the name of the relevant group company should be read.
  6. If so required, the personal data that are related to your health can, in accordance with the General Data Protection Regulation (GDPR) 2016/679 of the European Parliament and the Council of 27 April 2016, be processed by Bright Plus.
  7. The data that are mentioned on your extract from the criminal records can be processed by Bright Plus on the condition that this takes place in accordance with the General Data Protection Regulation (GDPR) 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 regulations, it may be that we share your personal data with the following categories of persons:
    • All of the entities in our group;
    • Customers and prospects;
    • Present, former and proposed employers, trainers, and examination institutions and temporary employment agencies and recruiters;
    • Tax, audit or other formalities;
    • Third parties, like service providers who perform functions under our authority;
    • Third parties, like IT providers and document storage providers;
    • Platforms for marketing technology and suppliers;
    • In case of Candidates: potential employers and other recruitment agencies / organisations, partners at third parties, vacancy sites, job aggregators, MSP suppliers.

G. How do we protect your personal data?

  1. Bright Plus makes every effort to take appropriate organisational and technical measures in order to protect your personal data against unlawful processing and/or loss. Employees of Bright Plus, who have access to your personal data on behalf of Bright Plus, are held to observe confidentiality.
  2. Despite the security measures taken by Bright Plus, it may happen that third parties are, nonetheless, successful in circumventing the said measures and/or using your personal data for improper purposes. Bright Plus can never be held liable for this in any way whatsoever.
  3. Bright Plus does not accept any liability whatsoever for potential damages deriving from the use of the personal data by third parties, to whom the said data were provided on the basis of this Privacy Statement or with your consent. In addition, Bright Plus shall not be liable for non-compliance with the applicable legislation and/or regulations (including the privacy legislation) by the said third parties.

H. How long do we retain your personal data?

  • Candidates
    The personal data of Candidates are retained 2 years after your file has been closed internally. The internal closing of your file is determined on the basis of the following criteria:
    • Closing of pending applications;
    • Contact that indicates that you are still available for job placement.
    After the expiry of the aforementioned period you shall, before we proceed with the definitive erasure of your file, be notified accordingly. On the basis of the said notification you can yet indicate that you wish to remain included in the database longer in view of job placement.
    Your personal data are retained in conformity with the specific legislation, as well as prescription periods that compel us to retain your personal data longer.
    Project Consultants
    The personal data of staff are retained for a period of 10 years after discontinuation of the employment agreement.
    Freelancers
    The personal data of Freelancers are retained for a period of 10 years after the last billing of your file.
    Your personal data are retained in conformity with the specific legislation, as well as prescription periods that compel us to retain your personal data longer.

I. Liability

  1. The liability of Bright Plus for indirect damages shall always be excluded.
  2. Each and every liability shall be limited to a maximum amount of EUR 2,500.00 per event and a maximum of EUR 5,000.00 per calendar year.

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

  1. 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.
  2. 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.
  3. 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.
  4. 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;
  1. 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.
  2. 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.
  3. 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.
  4. 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@brightplus.be.
    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 RGF Staffing Belgium / Recruit entities;
    • to third parties (such as advisers or other Bright Plus 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 ground for the processing of your data

  1. Justified interests
    The GDPR states that we can process your data when this is 'required to look after the justified interests of the controller or of a third party, barring when the interests or the fundamental rights and the fundamental freedoms of the data subject that necessitate protection of personal data weigh heavier than the said interests'.

    Candidate data
    It can reasonably be expected that if you are looking for work or posted professional information from your CV on a vacancy site or professional networking site that you agree that we collect your data and use your personal data to offer you recruitment services, share these data with potential employers, and assess you skills against our vacancy database. As soon as it appears that you would be offered a job, it may be that your potential employer wants to check information that you supplied to us or to confirm your references, qualifications, and criminal convictions, to the extent that this is appropriate and in accordance with the local legislation.
    We want to provide you with specific recommendations for vacancies and relevant articles to assist you in your search for a job. That is why we think it is reasonable that we process your data in order to ensure that we send you the best suitable information.
    We must also use your data for our internal administrative activities, e.g. payroll and billing.

    Freelancer data
    We store the personal data of individual persons within your organisation and your financial data to facilitate receiving your services as one of our suppliers and paying for your services.
    All these activities are required within the scope of our justified interests as a recipient of your services.

    Persons from whom we receive data of Candidates and staff, e.g. references.
    If a Candidate or a future staff member mentioned you as one of his references, then we use your personal details to contact you for a reference. This is part of the procedure for quality assurance and that is why we deems this to be required for our justified interests as an organisation that offers recruitment services and personally employs persons.
  1. Consent
    In certain instances we are held to obtain your consent for the processing of your personal data with regard to certain activities (e.g. the inclusion in the recruitment pool, the inclusion in a mailing database, ...). Depending on what exactly we do with the said information, the said consent shall be an opt-in consent.
    The GDPR states that consent implies: 'any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her'.
    This means that:
    • you must give us your consent freely, without us putting any form of pressure on you;
    • you must know what you consent to;
    • you must have control over the processing activities for which you give consent;
    • you must give your consent by means of a clear affirmative action.
    We shall keep a record of the consents that you have given this way.
    You are entitled to revoke your consent at any time by sending an email to privacy@brightplus.be.
  2. Agreement
    As soon as there is question of a contractual relationship between the parties, the processing of your personal data shall take place on the basis of the legal ground of the implementation of an agreement.
  3. Statutory basis
    The personal data that are related to your health can, in accordance with the General Data Protection Regulation (GDPR) 2016/679 of the European Parliament and the Council of 27 April 2016, be processed by Bright Plus.
    The data that are mentioned on your extract from the criminal records can be processed by Bright Plus on the condition that this takes place in accordance with the General Data Protection Regulation (GDPR) 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. TRACKERS

  1. What are trackers?
    Mobile apps tracking collects information about the number of times that an app was downloaded and how it is used by Users. The objective is to analyse the performances and popularity. On the basis of these kinds of data the App can be optimised for various operating systems and devices in particular.
  1. What trackers are used by the App and why?
    • Functional tracking: On the basis of Sentry and Firebase Crashlytics it is possible to follow the performance of the App and to make improvements, where required. These things are required to have the functionality of the product run. Hence, if you would deactivate it then it could be that the App no longer works as it should.
    • Other trackers: This includes everything that is tracked additionally. This mostly happens to gain more insight into the use of the App and potential marketing purposes. Everything that we track falls under the denominator analytical tracking and is actually not required. It is, however, important to us to gain insight, however the User can also perfectly use the App without activation of this tracker. We use Firebase Analytics for this.
    • Available Trackers:
      • Firebase Analytics: Measure the behaviour of the User in the App.
      • Crashlitics: Detects errors and crashes when they occur.
      • Sentry: Also detects errors and crashes when they occur.

III. HOW CAN YOU CONTACT US?

  • If you have any questions, comments or complaints regarding this Privacy Statement and the manner in which Bright Plus records, uses and processes your data, you can let us know via email to privacy@brightplus.be or send a letter to RGF Staffing Belgium, Privacy Office, Frankrijklei 101, 2000 Antwerp.
    Bright Plus will inform you as soon as possible, and in any case, within one month after receiving the request, of Bright Plus's response to the request:
    • Granting of the request.
    • Impossibility to inform you of the response to the request within one month due to the complexity of the request.
    • Refusal of the request and the possibility to submit a complaint to the supervisory authority or to appeal to the court.
    • The need for additional information when there is uncertainty regarding the applicant's identity. In principle, the requests are granted free of charge by Bright Plus unless your request is apparently unfounded or excessive, in particular due to its repetitiveness. In that case, Bright Plus may charge a reasonable administrative fee or refuse the request.

    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.