Privacy statement flex worker vs 19.05.EN
The purpose of this Privacy statement is to inform the flex workers of SD Worx Staffing Solutions on the way in which SD Worx Staffing Solutions processes their personal data. The present statement does not apply, therefore, to the fixed
staff of SD Worx Staffing Solutions.
SD Worx Staffing Solutions highly values the privacy of its flex workers. It only uses the personal data of the flex workers for the purposes described in these privacy statement and it thereby takes appropriate technological and
organisational measures which allow SD Worx Staffing Solutions to operate within the applicable regulations regarding the protection of personal data.
1 | What are personal data?
The General Data Protection Regulation or ‘Algemene Verordening Gegevensbescherming’ defines personal data as follows:
“All information on an identified or identifiable natural person; considered identifiable is a natural person who can be directly or indirectly identified, especially on the basis of identifiers such as a name, an identification number,
location data, an on-line identifier or of one or more elements which are characteristic for the physical, physiological, genetical, psychological, economic, cultural or social identity of that natural person”.
Wherever this Privacy Statement refers to personal data, this definition from the regulation is intended to apply.
No special categories of personal data are processed. Intended by special categories of personal data is:
“The processing of personal data which evince race or ethnic origins, political opinions, religious or philosophical convictions, or the membership of a labour union, and the processing of genetical data, biometrical data with an eye on
the unique identification of an individual, or information on health, or information regarding someone’s sexual conduct or sexual orientation”.
2 | What personal data is processed, for what purposes does SD Worx Staffing Solutions process this personal data, and on what legal grounds?
2.1 | Providing personal data
Prior to the implementation of the flex worker agreement, the flex worker/the client/user must provide SD Worx Staffing Solutions with the necessary personal data and present those documents which are necessary for the implementation
of the flex worker agreement and the application of the effective social, fiscal, and labour legislation. Considered necessary information by SD Worx Staffing Solutions is in any case:
- Family name/maiden name and first name
- Date and place of birth
- Scan/copy of ID
- Employment permit
- Residence permit
- Driving license
- Social security number (‘BSN’)
- Language knowledge
- Domicile address
- Residential address
- Phone number (landline & mobile)
- E-mail addresses
- IBAN number
- Marital status
- Pension information
- Personal data spouse with regard to pension
- Student arrangement
- Healthcare insurance
- Working time
- Diplomas and certificates
- Professional experience
- Information previous employer(s)
- Period of temporary employment
- Period of previous unemployment
- Curriculum Vitae
- Application letter/e-mail
If the flex worker/the client/user refuses to provide the necessary personal data or to present documents, SD Worx Staffing Solutions reserves itself the right to suspend the implementation of the flex worker agreement. Upon every change
to these personal data, the flex worker will spontaneously, and without delay, inform SD Worx Staffing Solutions.
2.2 | Personal data by legislation
SD Worx Staffing Solutions also keeps on file the supplementary personal data the retention of which is imposed by legislation, such as:\
2.3 | Personal data pursuant the contract
- Temporary employment contract
- Secondment confirmations
- Secondment agreement
- Wage tax statement
- UWV (social security executive agency) status
- UWV related documents
- Tax office related documents
- Documents from Municipalities
SD Worx Staffing Solutions also keeps on file the supplementary personal data which is necessary for the allocation of extra advantages and for the sanctioning of the flex worker in the context of the supervisory powers of SD Worx Staffing
Solutions pursuant to the temporary employment contract:
2.4 | Personal data and legitimate interest
- Default notices, notifications, suspensions, notifications for the termination of the flex worker agreement
- Absences regardless of reasons
- Target group statement
- Evaluation forms
- E301 form
- A1 form
- Certificate of good conduct
- Exit form
- Loan agreement
- Study agreement
- Test results
- C4 attestation
- Discharge confirmation
- Attachments on wages
- (sub-)let agreement
- Authorisation deductions accommodation and/or healthcare costs
SD Worx Staffing Solutions also holds the personal data file, with an eye on the protection of the legitimate interests of SD Worx Staffing Solutions, such as the monitoring of the safety and health of flex workers, control over the productive
process, the protection of confidential economic, commercial, and financial interests of the employer, the protection of property of the employer, which flow, among other sources, from:
- Entrance and exit control
- Camera surveillance
- Track and trace data
- Control of internet use, electronic mail, and social media
The processing of the personal data flowing from the controls above is arranged for in separate guidelines and/or policies and communicated to the flex worker through separate documents.
2.5 | Personal data and profiling
It is possible that SD Worx Staffing Solutions must process the personal data of the flex worker for profiling purposes and to take decisions based on a profile, including the analysis of the data.
Profiling is every type of computerised processing of personal data whereby, on the basis of personal data, certain personal aspects of a natural person are evaluated, especially with the purpose of analysing or predicting his professional
performance, economic situation, health, personal preferences, interests, reliability, behaviour, location, or movements.
If SD Worx Staffing Solutions makes use of personal data for the aforementioned purposes, SD Worx Staffing Solutions guarantees the flex worker that he or she will not be the object of a decision which is solely based on profiling and
which generates legal consequences which regard the flex worker or have an equivalent impact on the flex worker.
SD Worx Staffing Solutions therefore always ensures significant human intervention and guarantees that the profiling will not have any legal consequences which regard the flex worker or that they would have a significant and equivalent
In the other cases, we guarantee that such a decision:
- Is necessary to conclude or implement a contract between the flex worker and us
- Is based on express consent; or
- Is legally permitted.
In the first two cases, the flex worker always has the right to request the intervention of one of our collaborators, to communicate his or her viewpoint, and to challenge the decision.
In the three above cases, the flex worker is always informed about the fact and the person being the object of such a decision, as well as on the reasoning behind such a decision, on what it means and the expected consequences.
2.6 | Personal data and picture/photo
It is possible that SD Worx Staffing Solutions, for example for advertising purposes, asks to take a picture/photograph to publish it on the website and/or social media. In the latter case, the consent of the flex worker will always be asked,
and this goes for both the taking of the picture and its publication.
3 | What are the service providers your personal data is shared with and why?
3.1 | Internal
SD Worx Staffing Solutions guarantees that unauthorised persons cannot obtain access to the file and to the personal data stored in it and takes all necessary internal and external security measures to that effect. Authorised to obtain
access to the file and to the personal data stored in it are: the intermediary, the branch manager, the regional manager, the executive board, as well as the staff at the finance department, the absenteeism department, the process
department, the marketing department, and the HR department and, in conclusion, trainees.
3.2 | External
SD Worx Staffing Solutions also provides the personal data to social security institutions to the extent necessary to safeguard the rights of the flex worker vis-a-vis the social security institutions: healthcare insurance companies, pension
institutions, executive agency UWV, the tax office, the health & safety department, if SD Worx Staffing Solutions is legally obligated to do so.
The following service providers of Easymatch/the flex workers may be informed of and proceed to the processing of personal data with an eye on the implementation of their tasks: bookkeeper, accountant, lawyers, insurance companies,
banking institutions, IT-suppliers, external consultants, court officials, professional organisations,….
SD Worx Staffing Solutions exclusively makes use of service providers who offer sufficient guarantees with regard to the application of appropriate technical and organisational measures so that the processing is compliant with the
applicable regulations on the protection of personal data.
4 | For how long will this personal data be kept by SD Worx Staffing Solutions?
The personal data the retention of which is emphatically imposed on SD Worx Staffing Solutions by law, is kept for at least the duration of the statutory retention period. The personal data of which retention is not expressly imposed by law
is kept for at least the duration of the temporary employment contract and until the end of the limitation terms for filing a claim against SD Worx Staffing Solutions.
5 | Does SD Worx Staffing Solutions have the intention to forward the personal information outside Europe?
6 | Rights of the flex worker regarding the processing of his personal data
6.1 | Perusal and copy of
The flex worker has the right of perusal of and copy of his personal data, to the extent the exercise of this right does not impair the rights and freedoms of others.
6.2 | Correction
The flex worker has the right to have corrected all inaccurate personal data regarding him.
6.3 | Remove
Every flex worker has the right to obtain the removal of all personal data concerning him which is incomplete or irrelevant, or the registration or retention of which is prohibited, or which has been saved after expiry of the permitted
duration. If the personal data has been disclosed, SD Worx Staffing Solutions takes all reasonable technical measures to delete links to or copies of that personal data, without being bound to deliver a certain result.
6.4 | Limit
Every flex worker can ask SD Worx Staffing Solutions to limit the processing of the personal data and consequently to not further process the personal data, while still retaining it:
- in case of the challenging by the flex worker of the correctness of the personal data for the period which is required for SD Worx Staffing Solutions to control the correctness of the personal data.
- In case of illegitimate processing by SD Worx Staffing Solutions.
- In case SD Worx Staffing Solutions no longer needs the personal data, but the flex worker needs them for the filing, conducting, or substantiation of a legal claim.
The request to limit processing does not prevent SD Worx Staffing Solutions from using the personal data for the filing, conducting, or substantiation of a legal claim or to protect the rights of another natural or legal person. The flex worker
will be informed of this intention.
6.5 | Obtain
The flex worker has the right to obtain the personal data he has furnished to SD Worx Staffing Solutions.
6.6 | Transfer
The flex worker can also request SD Worx Staffing Solutions, if such is technically possible, to directly transfer the personal data to another employer. The right to transferability of the personal data cannot be granted if the rights and
freedom of others would thereby be impaired.
7 | Contact information at SD Worx Staffing Solutions
The flex worker can address any question regarding this privacy statement or request for the exercise of his rights to:
Privacy Officer: Sebas Winkel
By e-mail: email@example.com
By regular mail: SD Worx Staffing Solutions
6412 BE Heerlen
SD Worx Staffing Solutions informs the flex worker as soon as possible and in any case within one month after receipt of the request of the follow-up accorded by SD Worx Staffing Solutions to the request:
- Granting of the request.
- Impossibility to communicate the follow-up to the request to the flex worker within one month due to the complexity of the request.
- Rejection of the request and the possibility to file a complaint with the monitoring authority or to file an appeal at the court.
- The necessity of additional information in case of doubt regarding the identity of the applicant. The requests are granted by SD Worx Staffing Solutions free of charges in principle, unless the request of the flex worker appears to
be unfounded or excessive, especially on account of the repetitive character. In that case, SD Worx Staffing Solutions may charge a reasonable administrative compensation, or refuse the request.
The flex worker also has the right to file a complaint with the personal data protection agency ‘Autoriteit Persoonsgegevens´, www.autoriteitpersoonsgegevens.nl
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