PLANDA BV PRIVACY STATEMENT - 01/2020

1. Introduction

PLANDA BV attaches great importance to the safe, transparent and confidential collection and processing of your personal data. In particular, PLANDA BV wants to protect its customers' data against, among other things, loss, breaches, errors, unlawful processing, etc.
The above also applies to the personal data that PLANDA BV receives as a planning tool from its customers with regard to their employees and for which PLANDA BV acts as a processor. In this respect, PLANDA refers to the processing agreement which it has concluded with its customers within the meaning of Article 28 of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as 'GDPR').
By means of this Privacy Statement PLANDA BV wants to inform you about the collection and processing of your personal data, about what data PLANDA BV processes and why, about the rights of the data subject, etc. PLANDA BV invites you to read this Privacy Statement carefully so that you know and understand PLANDA BV's policy in this area.
By using the website and/or services of PLANDA BV, you confirm that you have read this Privacy Statement carefully and that you accept it without reservation. PLANDA BV reserves the right to amend this Privacy Statement on a regular basis if necessary. This change will be communicated via the website by renewing this document.

2. Scope of application

This Privacy Statement applies to all activities carried out by PLANDA BV.

3. Who is the controller?

PLANDA BV, established in 8500 Kortrijk, at Wolvenstraat 23 under company number 0727.604.423, acts as data controller of the personal data of its customers.
PLANDA BV also acts as processor to process personal data on behalf of customers. As mentioned above, PLANDA BV will draw up a processing agreement with each of its customers, for which it will act as processor, in accordance with article 28 GDPR. In connection with these data, you, as the customer, are the data controller. For all questions concerning privacy, you can contact privacy@planda.jobs by e-mail. Or send a letter to PLANDA BV, Wolvenstraat 23, 8500 Kortrijk.

4. What is personal data?

Article 4. 1) of the GDPR defines personal data as follows:
"“any information about an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by means of an identifier such as a name, an identification number, location data, an online identifier or of one or more elements that are characteristic of the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person.”"
If this Privacy Statement refers to personal data, reference is made to this definition in the GDPR.

5. What personal data is processed?

PLANDA BV receives personal date through various channels.
  • PLANDA BV receives personal data transferred by customers themselves: by telephone, in writing, digitally or verbally;
  • PLANDA BC receives personal data when its customers use one of its applications or its software.
The following personal data may be processed:
  • Name;
  • First name;
  • Birthdate;
  • E-mail address;
  • Telephone number and mobile number;
  • Job title;
  • Company name;
  • Customer number;
  • National registry number;
  • KBO and RSZ number;
  • Language;
No special categories of personal data are kept without additional permission.

6. What is your personal data processed for?

6.1. Customer data
The data collected will be processed by PLANDA BV within the framework of:
  • The services offered by PLANDA BV;
  • The customer and supplier management of PLANDA BV;
  • Risk management;
  • Quality control and optimization of services;
  • Reporting purposes;
  • Sales and marketing purposes.
The legal grounds are the execution of the agreement and the legitimate interest of PANDA BV. For direct marketing activities by e-mail, permission will always be requested and can also be withdrawn at any time.
6.2. Customer staff data
With regard to the personal data of customers' employees that PLANDA BV receives from its customers for which it acts as a processor, it refers to the relevant provisions contained in the processor agreement in accordance with Article 28 GDPR.

7. Where does your data come from?

PLANDA BV processes your personal data when you use its website and/or its services.
In the following cases, you may request deletion of your personal data:
  • Use of the platform of PLANDA BV;
  • Use or visit of the website/app of PLANDA BV;
  • Any contact between you and PLANDA BV;
  • Downloading any marketing material from PLANDA BV;
  • Use of a test login to get acquainted with PLANDA BV.

8. To whom does PLANDA BV transfer your personal data?

PLANDA BV does not transfer your personal data to third parties without your explicit consent and this with the exception of third parties whose services are used by PLANDA BV (IT maintenance companies, service providers responsible for additional functionalities on the website, hosting providers).
PLANDA BV can only rely on (a) sub processor(s) to offer the website and/or services to you with the prior written consent of its customers, who are the data controllers. It ensures that these sub processor(s) may only process personal data in accordance with its explicit and written instructions. PLANDA BV guarantees that these sub processor(s) have been selected with the necessary caution and ensures the safe processing of personal data.

9. What rights do you have as a data subject?

a. Right of access and inspection
In accordance with the law, you can have free access to your personal data at any time, as well as to find out what PLANDA BV uses your personal data for.
To do so, please send a request to privacy@planda.eu, accompanied by a copy of your identity document.
b. Right to correction, deletion and restriction
You have the right to ask PLANDA BV to correct, supplement or delete your personal data.
In the following cases, you may request deletion of your personal data:
  • If the personal data are no longer needed for the purposes for which they were collected;
  • If the permission to process the data is withdrawn;
  • If there is an objection to the processing and there is no other legal basis for the processing;
  • If the processing is unlawful;
  • If the data have to be deleted in order to comply with a legal obligation;
  • If it concerns personal data of a child and these data have been obtained from an information society.
You can also ask to limit the processing of your personal data.
PLANDA BV can refuse the deletion or limitation of personal data that are necessary for the execution of a legal obligation, the execution of the agreement or its justified interest, and as long as these data are necessary for the purposes for which they were collected.
c. Right of objection
You also have the right to object to the processing of your personal data for serious and legitimate reasons. However, you cannot object to the processing of personal data that are necessary for PLANDA BV for the execution of a legal obligation, the execution of an agreement or its justified interest, as long as these data are necessary for the purposes for which they were collected.
d. Right of data transfer
You have the right to obtain your personal data processed by us in a structured, common and machine-readable form and/or to transfer them to other responsible persons, in accordance with the provisions that apply in the sector.
e. Right of withdrawal of consent
To the extent that the processing is based on your prior consent, you have the right to revoke that consent. This personal data will only be processed if PLANDA BV has another legal basis for doing so.
f. Automated decision-making
On the basis of the personal data provided by you, a fully automated assessment is made with regard to entering into and maintaining a customer relationship.
The elements on which this assessment is based are the contacts already in place, the payment details, the payment deadlines.
You have the right to express your point of view with regard to this assessment. If you wish, both the decision and your point of view can be discussed.
g. Exercising your rights
You can exercise the above rights by contacting privacy@planda.eu. When dealing with the case and because PLANDA BV attaches great importance to identifying the right person, you will be asked in the course of the procedure to provide us with a copy of your ID.
h. Complaints
You have the right to lodge a complaint with the Belgian Data Protection Authority, Drukpersstraat 35, 1000 Brussels, tel. +32 (0)2 274 48 00, fax +32 (0)2 274 48 35.
This does not affect a provision before a civil court.
If you suffer damage as a result of the processing of your personal data, you can file a claim for damages.

10. How long will your data be stored and processed?

Your data will be stored for as long as necessary for the purposes of the processing, and, if necessary, for longer if this would follow from any legal obligation. To get more information, contact us via privacy@planda.jobs.

11. Safety and confidentiality

PLANDA BV applies strict standards to protect the personal data under its control against unauthorised or unlawful processing and against accidental loss, destruction or damage. PLANDA BV has therefore developed security measures adapted on a technical and organizational level (such as encryption, firewalls, access controls, strict selection of employees and suppliers) in order to avoid the destruction, loss, falsification, modification, access by unauthorized persons or the erroneous notification to third parties of collected personal data as well as any other unauthorized processing of these data.
In the unlikely and unfortunate event that your personal data under the control of PLANDA BV are compromised by a breach of information security, PLANDA BV will immediately act to identify the cause of such breach and take action through adequate remedial measures. If necessary, PLANDA BV will inform you as well as the Data Protection Authority of this incident in accordance with the applicable legislation.

12. What are the restrictions on your rights?

However, the exercise of your rights may be restricted on a number of grounds in accordance with Article 23 of the GDPR.
This is a matter of safeguarding:
  • National security;
  • National defence;
  • Public security;
  • The prevention, investigation, detection and prosecution of criminal offences or the execution of criminal penalties;
  • Other important objectives of general interest;
  • Protection of the independence of the judiciary and judicial proceedings;
  • The prevention, investigation, detection and prosecution of violations of the professional codes of conduct for regulated professions;
  • A supervisory, inspection or regulatory task in the public interest;
  • Protection of the individual;
  • Recovery of civil claims.

13. Cookie policy

What are cookies?

Cookies are small datafiles that are created by the webserver and which are stored on the device you use to visit this website, such as the hard drive of your computer or the memory of your smartphone or tablet.
Technically, you cannot be identified through these cookies. It is possible, however, to trace which device you use to browse the internet (via the so-called IP address, among other things). If a certain device is used by multiple persons or if the same person uses multiple devices, then it is impossible to trace which person is concerned, even for the internet provider.
You can distinguish between various types of cookies based on their origin, function and lifespan.

Which types of cookies do we use?

Functional (necessary) cookies: these cookies are essential to the proper functioning of the website. For example, they let you navigate between various parts of the website or fill out forms.
You cannot turn off the functional cookies.

14. Use of logfiles

The PLANDA BV website automatically collects certain information about visitors to its website, including the Internet Protocol (IP) address of your computer, date and time of access to the website, the Internet address of the website from which you are linked to the PLANDA BV website, the IP address of your Internet Service Provider, the operating system, the parts, information and pages of the Website that you have visited and/or viewed, as well as the material that you forward or download from the website.
This technical information is used to manage the website and to optimise the website and services of PLANDA BV. In addition, these data may be used for historical, statistical or scientific purposes. The stored technical data can be passed on to third parties and can be permanently stored for future use.