June 07, 2021

DATA PROTECTION NOTICE FOR JOB APPLICANTS

SABCA understands the importance of the protection of personal data. The present data protection notice (hereinafter “the Notice”) contains important information on the processing of your personal data by SABCA (hereinafter “SABCA”)  when you apply for a job with us.

In this Notice:

“Job Applicant” means any natural person applying for a job with SABCA.

“SABCA” means SABCA NV, Haachsesteenweg 1470, B-1130 Brussels (Belgium) and SABCA LIMBURG NV, Dellestraat 54, 3560 Lummen (Belgium).

“Data Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

“Data Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

“Personal Data” means any information relating to a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, location data or an online identifier (...).

1. Scope

1.1. Purpose

In application of the applicable data protection laws, such as the General Data Protection Regulation 2016/679 and national data protection laws, SABCA wishes to tell you which types of personal data are gathered, and how your data will be used and with whom the personal data are shared. It also sets out your rights in relation to your personal data.

1.2. Addressee of this Notice

This Notice applies to:

  • job candidates applying on the careers section of the website www.sabca.be;
  • all other job candidates who enter into contact with SABCA in the context of a job application (for ex. spontaneous applications).

Insofar as we are likely to collect and process data from third parties communicated to us by you; we ask you to kindly inform the said third parties of the existence of this Notice so that they may be aware of the processing we carry out on their data and of their rights.

2. Data controller

2.1. Data controller

In the context of its activities, SABCA is required to process your personal data in its capacity as data controller insofar as it determines the means and purposes of the processing(s).

Contact details of the data controller:
SABCA
Email address:

  • jobsbru@sabca.be for candidates applying for a job at SABCA NV
  • Jobslum@sabca.be for candidates applying for a job at SABCA Limburg

Postal address:

  • SABCA NV: Chaussée de Haecht 1470, B-1130 Brussels
  • SABCA LIMBURG NV: Dellestraat 54, 3560 Lummen.

2.2. Data Protection Officer

We have also appointed a data protection officer.

The data protection officer's task is to inform everyone about the data processed. He/she provides advice and ensures compliance with the regulations in force, including the GDPR.

You may contact the Data Protection Officer for any question relating to the processing of your personal data and the exercise of your rights.
    
Contact details:
Email: dataprotectionofficer@sabca.be
Telephone : 02.729.58.62
Postal address : Chaussée de Haecht 1470, B-1130.

3. Collected personal data

When a job applicant applies for a job with us, the following personal data are collected and processed:

  • Identification data (first name, last name, date of birth, place of birth, nationality, etc.)
  • Contact details;
  • Education;
  • Referrals/ References;
  • Interview details;
  • Professional experience details (job applied for, function level, level of remuneration);
  • Information about applicant’s entitlement to work in Belgium;
  • Information about criminal records (depending upon your role);
  • Desired salary, (past and current) compensation, benefits;
  • Feedback, opinions, information provided in emails and letters, during telephone calls and conversations
  • Photos/Videos  (through our surveillance cameras system for ex.)

Generally speaking, the personal data we process will directly be communicated by you, through your CV’s or resumes, covering letter or during interviews or other forms of assessment.

We also collect personal data form third parties such as recruiting agencies. If permitted by Law, we may also receive information on you from previous employers or referees if you provide your consent, or from publicly accessible sources, such as LinkedIn.

4. Why do we collect this information

1° Selection and recruitment procedure
SABCA collects the personal data to assess, consider and process the applications for job vacancies, contact the candidate, and eventually enter into a possible employment contract.

As such, we collect and process the following categories of data:

  • Personal identification data ;
  • Training and career-related data;
  • Other data provided by the candidate.

In particular, this data may be collected from former employers if you have given your consent.

2° Recording your data in a recruitment reserve
The retention of your data in a recruitment reserve is justified on the basis of our legitimate interest, which is that of being able to contact candidates who have not been selected in order to offer them new job offers as soon as vacancies become available within SABCA.

To this end, we collect and process the following categories of data:

  • Personal identification data;
  • Training and career-related data;
  • Other data provided by the candidate.

3° Securing the premises and its equipment (in case of interview in our premises)
The processing of your data is justified and necessary within the framework of our legitimate interest, and in particular to secure our premises and protect our assets.

As such, we collect and process the following category of data:

  • Photos/Videos through our surveillance cameras system

5. The legal basis for processing personal data

The personal data mentioned above are processed and collected only insofar as they are necessary to achieve the purposes described in point 4.

In accordance with article 6 of the GDPR, we will only use and process your data if the following conditions are met.

  • The use of your data is necessary in order to carry out, at your request, the necessary steps of the recruitment procedure, and, where applicable, to enter into a contract with you.
  • You have consented to the use of your data. To the extent that we are processing your personal information based on your consent, you have the right to withdraw your consent at any time. You can do this by contacting us (see infra).
  • The use of your data during the recruitment process is necessary in the context of our legitimate interests. When we process your data to meet our legitimate interests, we ensure that a fair balance is struck between your fundamental rights and freedoms, including your privacy, and our legitimate interest(s).
  • Finally, we are legally required to process certain data under certain legal obligations, and in some cases to disclose them to the competent authorities. For example, we are required to check a successful applicant’s eligibility work in Belgium before employment starts.

6. How will your information be used and shared

6.1. SABCA may share your personal data with companies internally, in our group and/or our affiliates.

6.2. We may share your personal information with third parties who perform functions on our behalf and provide services to us such as our recruitment software provider, professional advisors or IT consultants carrying out testing and development work on our business technology systems.

6.3. We can disclose your personal data to comply with our legal obligations or in the interests of security, public interest or law enforcement. We can also disclose data in connection with actual or proposed litigation or to protect our property, security, people and other rights or interests.

6.4. Your personal data will not be sold or rented to third parties.

7. Transfer of your personal data outside the EU/EEA

SABCA does not transfer your personal data outside the European Union (EU) or the European Economic Area (EEA). If this is the case, you will be informed accordingly. If your personal data is transferred to a third party in a country that is not deemed to provide a similar level of protection for individuals’ rights in relation to their personal data as in the European Economic Area (EEA), your information will be covered by a data transfer agreement in a form approved by the European Commission or as provided by the General Data Protection Regulation 2016/679.

8. How long do we keep personal data

If your application for employment is unsuccessful, we will keep your personal data for 2 years after the end of the relevant recruitment process for consideration for further employment opportunities, unless you object.

If your application for employment is successful, personal data gathered during the recruitment process will be transferred to your personal file and retained during your employment. The period for which your data will be held will be provided to you in a separate notice for workers, which then becomes applicable.

Images recorded by surveillance cameras in our premises are kept for thirty days from the visit, except otherwise requested by the authorities.

9. Data security

Your personal data are considered to be strictly personal. To this end, SABCA has taken all appropriate technical and organisational measures to protect them from any destruction, loss, accidental alteration and any damage, accidental or illegal access or other unjustified processing of data.

10. Your rights

10.1. You have certain rights in relation to personal information we hold about you:

  • Right to be informed: You have the right to be informed, at the latest at the time of collection of your data, about the processing we carry out, your rights relating thereto and the exercise of these rights. For this reason, we have drawn up the present Notice.
  • Right of access: You are entitled to see the information held about you and to obtain a copy of the information SABCA holds.
  • Right of Correction or Completion: If your personal data have been changed, you are entitled to ask us to rectify or complete or erase the outdated, incorrect or incomplete data we have about you.
  • Right of Erasure: In certain circumstances, you have the right to request that personal information we hold about you is erased e.g. if the information is no longer necessary for the purposes for which it was collected or processed or our processing of the information is based on your consent and there are no other legal grounds on which we may process the information.
  • Right to object to or restrict processing: Furthermore you have the right to restriction of the processing of your data and to object to the processing of your personal data.
  • Right of Data Portability: You have also the right to receive your personal data, which you provided to SABCA and have the right to transmit those data to another data controller.

10.2. We may require you to provide verification of your identity to ensure that you have a legitimate right to make the request and to verify that we provide the answer to the person that has the legitimate right to send us one of the abovementioned requests and to obtain the information.

Please note that in certain circumstances as provided by law we may withhold access to your information or that we may not grant your request where we have the right to do so under applicable data protection legislation.

10.3. You have the right to lodge a complaint with the Belgian data protection authority, “Gegevensbeschermingsautoriteit” – “Autorité de protection des données”, Drukpersstraat 35, 1000 Brussel, T: +32 (0)2 274 48 00; F: +32 (0)2 274 48 35; E: contact@apd-gba.be, Website : www.autoriteprotectiondonnees.be

10.4. If you wish to obtain more information regarding the processing of your personal data or if you wish to exercise your rights, please contact us at dataprotectionofficer@sabca.be.

We ask you to clearly indicate which right you wish to invoke and to which data processing you wish to oppose or limit or which consent you wish to withdraw.

10.5. When you exercise your rights, no fee will be charged unless we consider the request to be manifestly unfounded or excessive (this will be the case, for example, when it is a repeated request).

However, we may charge you a reasonable sum not exceeding our reproduction costs for any additional copies requested.

For any request relating to your rights, we will respond to your request within one month. However, this period may be extended to two months if the request proves to be complex and/or because of the number of requests we have to deal with. In the event of an extension of this period, we will inform you of this by giving you the reason for this decision.

11. Modification of the present Notice

We reserve the right to modify or supplement this Notice if necessary.

In the event of significant changes, the date of modification will be updated and a copy of the new Notice will be posted on the SABCA website.

We encourage you to review this Notice periodically to be aware of how we treat and protect your data.