Privacy Statement

Introduction

This Privacy Statement explains what we do with your personal data and applies to the registration and processing of all personal data that you provide to MindWave CV in any way.

It describes how we collect, use and process your personal data and how we thereby comply with our legal obligations towards you.

MindWave CV attaches the greatest importance to the privacy of your personal data and will only use it for the purposes described in this Privacy Statement.

This Privacy Statement applies to the personal data of our website users, candidates, customers, suppliers and other people we may contact to find out more about our candidates.

For the purposes of relevant data protection legislation, including but not limited to the General Data Protection Regulation (AVG) 2016/679, the company responsible for your personal data is MindWave CV.

MindWave CV has the right to amend or modify this Privacy Statement at any time.

If any provision of this Privacy Statement is, in whole or in part, void, voidable or in conflict with the law, it shall be deemed to stand alone and not to apply.

MindWave CV will in such case replace the relevant provision with a provision of similar intent, which is not wholly or partially void, voidable or in conflict with the law. The other provisions of the Privacy Statement will remain in full force.

This Privacy Statement is governed by Belgian law. The court in Brussels is competent to take cognisance of any disputes.

Definitions

Candidates - this includes all applicants for all positions advertised or promoted by MindWave CV, including permanent internal contracts, part-time and temporary positions and freelance assignments with MindWave CV clients; it also includes people who have sent an open application to MindWave CV that was not related to a specific job. Individual contractors, freelancers and employees of suppliers who are proposed for positions at clients of MindWave CV as part of an MSP offer or otherwise are treated as candidates for the purposes of this Privacy Statement.

Clients - this category includes our clients and others to whom MindWave CV provides services in the course of its business activities.

Managed Service Provider (MSP) Programmes - the outsourcing of the management of external staff (including freelancers, independent contractors and temporary workers) by clients to an external recruitment provider.

Recruitment Process Outsourcing (RPO) services - complete or partial outsourcing of the recruitment process for permanent employees to a recruitment provider.

General Data Protection Regulation (AVG) - a statutory instrument of the European Union to harmonise European data protection laws. The Regulation applies from 25 May 2018 and any reference to it should be interpreted to include any national legislation implementing the Regulation

Staff - this includes employees and interns directly involved with MindWave CV, as well as certain other people involved in providing services to MindWave CV. Staff does not include individuals who have been hired by MindWave CV for the purpose of being placed with clients outside the context of an RPO/MSP agreement (e.g. project sourcing, temporary employment). These individuals are treated in the same way as MindWave CV's 'Candidates' and are covered by this Privacy Statement. Similarly, independent contractors and consultants who provide services for MindWave CV fall within 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 MindWave CV. In certain cases, MindWave CV will sub-contract the services it provides to customers to third party suppliers who perform services on behalf of MindWave CV. Suppliers who are individual contractors, freelancers or employees of suppliers for data protection purposes will be treated as Candidates. In this context, MindWave CV requires suppliers to communicate the relevant parts of this Privacy Statement to their employees.

From whom are personal data processed?

In order to use the services of MindWave CV, you must provide the personal data necessary for the work/services of MindWave CV.

1. Candidate data: In order to assess your suitability for our internal, open positions and to ensure that we can offer you matching projects when you are onboarded, we need to process certain data about you.
   We only collect information that will help us find a suitable assignment, such as your name, your age, contact details, education details, employment history, etc.
   Depending on the circumstances and applicable local laws and regulations, we may collect medical information or details of criminal convictions.
2. Customer data: The data we collect about customers is very limited. If you are a client, we only collect your contact details, or the details of individual contact persons within your organisation, to enable us to provide our services, i.e. the supply of candidates for secondment assignments.
3. Personnel data: We need to process certain data from you: your candidate data and also your salary and wage slips, the name of a contact person in case of need, evaluation forms and payroll information.
4. Supplier data: We require a small amount of information about our suppliers, namely contact details within your organisation (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 which we use to help us improve your experience of our website and administer our services. This includes information about how you use our website, the frequency with which you visit our website and when our website is most popular.
6. People whose details we receive from candidates and staff, such as references and emergency contacts: in order to safely offer candidates suitable job opportunities and provide for any eventuality for them and our staff, we need some basic background information.

How is your personal data collected?

1. Personal data you provide to us yourself, for example:
   leaving your details on the MindWave CV website or via an application form, as part of the registration process;
   leaving a printed CV at a MindWave CV office;
   emailing your CV to a member of staff of MindWave CV;
   in the office registration process before the start of the job interview;
   applying via an aggregator, which then redirects you to the MindWave CV website;
   entering personal data on a microsite of MindWave CV;
   via social media such as Facebook, Linkedin or Twitter;
   where you as a client proactively contact us by telephone or email;
   where we receive a business card from you;
   
2. Personal data from other sources, for example:
   your reference person may provide personal information about you;
   our clients may share personal information about you with us;
   if you like us on Facebook or follow us on Linkedin, we receive your personal information through these sites;
   we may also collect information about you by searching on LinkedIn and other job boards;
   an MSP supplier may share personal information about you with us;
   if you are listed as a customer on an attendee list of relevant events;
   
3. Personal data we collect through our website:
   We collect a limited amount of data about our website users, which we use to help us improve your experience with our website and manage our services. This includes information about how you use our website, the frequency with which you visit our website, the language in which you view our website and the times of day when our website is most popular. We collect your data automatically via cookies.

What we use your information for

The personal information you provide to MindWave CV is used for various purposes

• To be able to carry out and manage your registration;
• To check this data for completeness and accuracy;
• To allow you to use the Website and services of MindWave CV
• To establish and maintain a relationship with you as an Employee/Employer, or a relationship aimed at acquiring/executing assignments, and (in this respect) to perform a personnel, financial and salary administration;
• In order to offer you work, assignments, training and/or educational opportunities, career advice and/or other (work-related) services;
• In order to assess your suitability for a particular assignment;
• To put you in contact with or introduce you to one or more Principals and/or relations of MindWave CV;
• To let you carry out activities, services and/or projects at Principals and/or relations of MindWave CV;
• To inform you about similar products and/or services of MindWave CV;
• To inform you about matters which, in the opinion of MindWave CV, are of importance to you (including (new) assignments, training courses organised by MindWave CV, work-related matters, team-building events etc.);
• To inform you about and/or to warn you of improper use and/or abuse of the Website;
• To inform and/or warn third parties of the improper use and/or abuse by you of the MindWave CV Web Site, to the extent necessary to prevent and/or limit the improper use or abuse;
• To provide these to Processors engaged by MindWave CV to perform certain tasks;
• To analyse the labour market and its own database of Data Subjects;
• To post your Profile and/or Curriculum Vitae, after you have given your express consent, anonymously or otherwise, on the MindWave CV Website;
• To periodically send you one or more documents relevant to the profession, in the broadest sense of the word, digitally or otherwise (if and to the extent that you are eligible);
• To use and pass this on to Clients, relations, sub-contractors of MindWave CV and possibly government agencies;
• In rare cases, we may use your personal data to help us formulate, conduct or defend criminal proceedings;
• We may use automated technologies. Where appropriate, we will seek your consent to perform all or some of these activities.

By registering with MindWave CV, you grant MindWave CV the right to use the data provided upon registration for the above purposes, to the extent consistent with the relationship between you and MindWave CV.

You may be offered the opportunity to indicate that your Personal Data may also be used to inform you by email, SMS or any other electronic means of communication about products and services, not identical or similar to the services of MindWave CV, including the products and services of partners carefully selected by MindWave CV. You can terminate your consent at any time by sending an e-mail to hr@mindwave.be.

If your data is used by MindWave CV to inform you by email, SMS or any other electronic means of communication about similar products and services offered by MindWave CV, you can oppose this at any time by sending an email to hr@mindwave.be requesting that your data is no longer used for this purpose.

With whom do we share your personal data?

Where appropriate and in accordance with local laws and regulations, we may share your personal data with the following categories of persons:

• Any of the shareholders in our group;
• Customers and prospects;
• Current, former or intended clients, trainers and examination bodies;
• Tax, audit or other authorities;
• Third parties such as service providers who perform functions on our behalf;
• Third parties such as IT providers and document storage providers;
• Marketing technology platforms and suppliers;
• In the case of candidates: potential employers and other recruitment agencies/organisations, third party partners, job sites job aggregators, MSP providers.

How do we protect your personal data?

• MindWave CV makes every effort to take appropriate and organisational and technical measures to protect your personal data against unlawful processing and/or loss. Employees of MindWave CV, who have access to your personal data on behalf of MindWave CV, are bound to secrecy.
• Despite the security measures taken by MindWave CV, it is possible that third parties manage to circumvent these measures and / or use your personal data for improper purposes. MindWave CV can never be held responsible for this in any way.
• MindWave CV accepts no liability whatsoever for any damage resulting from the use of the personal data by third parties, to whom these data have been provided under this Privacy Statement or with your consent. MindWave CV is also not liable for non-compliance with applicable laws and / or regulations (including privacy legislation) by these third parties.

How long will your personal data be stored?

• Candidates
  The personal data of candidates will be kept for 2 years after the internal closing of your file. The personal data of permanent employees who have actually worked for us are kept for 10 years after the internal closure of your file. The internal closure of your file will be determined on the basis of the following criterion: when there is no cooperation with MindWave. After the expiry of the above period, you will be informed before we proceed to permanently delete your file. On the basis of this letter, you can still indicate that you wish to remain in the database for a longer period with a view to a possible future cooperation. Your personal data will be kept in accordance with the specific legislation, as well as prescription periods that oblige us to keep your personal data longer.
• Staff
  Personal data of staff members are kept for 10 years after termination of the employment contract.
• Customers / Prospects
  Customers' personal data are kept for 10 years after the internal closure of your file. Your personal data will be kept in accordance with specific legislation, as well as prescription periods that oblige us to keep your personal data longer.
• Suppliers
  The personal data of suppliers are kept for 10 years after the last invoice for your file. Your personal data will be kept in accordance with specific legislation, as well as prescription periods that oblige us to keep your personal data longer.
• Website Users
  The personal data of website users will be kept for 26 months.

Liability

1. The liability of MindWave CV for indirect damages is excluded in all cases.
2. Any liability is limited to a maximum amount of 2.500 euros per event and a maximum of 5.000 euros per calendar year.
3. The liability of MindWave CV shall never exceed the amount paid out by its insurance in the case in question.

How do you access, change or withdraw personal data you have shared with us?

Even if we already have personal data from you, you still have various rights with regard to this data. We will do our best to respond to your request without delay and in any event in accordance with the requirements of applicable laws. Please note that we may keep a record of our communications with you to help us resolve any issues you raise.

1. Right to object: If we use your data because we consider it necessary for our legitimate interests and you do not agree with this, you have the right to object. We will respond to your request within 30 days (although we may extend this period in certain cases). Generally, we will only disagree with you if certain restrictive conditions apply.
2. Right to withdraw consent: Where we have obtained your consent to process your personal data for certain activities, you may withdraw your consent at any time, whereupon we will cease the activity for which you have consented, unless we consider that there is an alternative ground to justify the continued processing of your data for this purpose. In this case, we will inform you of this condition.
3. Data subject access request: At any time, you may ask us to confirm what information we hold about you and you may ask us to amend, update or delete that information. We may ask you to verify your identity.
4. Right to erasure: in certain cases (for example, where we have unlawfully processed your data), you have the right to ask us to "erase" your personal data. We will respond to your request within 30 days (although we may extend this period in certain cases) and will only disagree with you if certain restrictive conditions apply. If we agree to your request, we will delete your data, but we will generally assume that you want us to put your name on a list of people who prefer not to be contacted by us. In this way, we minimise the chances of you being contacted in the future should your information be collected in isolated circumstances. If you prefer that we do not do this, you can indicate this.
5. The right to restrict processing: In certain circumstances, you have the right to ask us to restrict the processing of your personal data. If we have shared this personal data with third parties, we will notify them of restrictions on processing, unless this is impossible or requires disproportionate effort.
   The circumstances in which you have the right to request that we restrict the processing of your personal data are:
   1. Where you challenge the accuracy of the personal data we process 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 being verified;
   2. When you object to our processing your personal data for our legitimate interests. In this case, you may request that the data be restricted while we verify our reasons for processing your personal data;
   3. When the processing of your data is unlawful, but you prefer to restrict our processing rather than have your data deleted altogether;
   4. When we have no further need to process your personal data, but you need this data to formulate, conduct or defend criminal proceedings.
6. Right to rectification: You also have the right to request us to rectify any inaccurate or incomplete personal data that we hold about you. If we have shared this personal data with third parties, we will notify them of the rectification, unless this is impossible or would require disproportionate effort.
7. Right to data portability: If you wish, you have the right to transfer your data from us to another data controller. We will assist you in doing so - either by transferring the data directly for you or by providing you with a copy in a commonly used machine-readable format.
8. Right to lodge a complaint with a supervisory authority: You have the right to lodge a complaint with your local supervisory authority.

If you wish to exercise any of these rights, or withdraw your consent to the processing of your personal data, please send an e-mail to hr@mindwave.be.

It is important that the personal information we process about you is accurate and up to date.
Please inform us of any changes.

How is your data stored and transmitted internationally?

In order to be able to offer you the best services and to carry out the objectives stated in this Privacy Statement, it is possible that your data may be passed on

• To third parties (such as consultants or other suppliers to MindWave CV);
• To overseas customers;
• To customers within your country who, in turn, may transfer your data internationally;
• To a cloud-based storage provider;
• To other third parties.

We want to ensure that your data is stored and transferred in a secure manner. We will therefore only transfer data outside of the European Economic Area (i.e. the member states of the European Union, together with Norway, Iceland and Liechtenstein) if this is in compliance with data protection legislation and the method of transfer provides appropriate safeguards with regard to your data, for example, by way of a data transfer agreement that incorporates the standard contractual clauses adopted by the European Commission for the transfer of personal data by controllers in the EEA to controllers and processors in jurisdictions that do not have adequate data protection laws.

Our legal basis for processing your data

Legitimate interests
6 para 1 f AVG is the relevant article here - it states that we can process your data when it is "necessary for the purposes of pursuing the legitimate interests of the controller or of a third party, except where the interests or fundamental rights and freedoms of the data subject which require protection of personal data outweigh those interests (...)."

• Candidate data: It is reasonable to expect that if you are looking for work or have posted professional information from your CV on a job board or professional networking site, you will agree to us collecting your data and using your personal data to test your skills against our internal job board.
  After onboarding, we also need to use your data for our internal administrative activities, such as payroll.
• Customer data: In order to ensure that we provide you with the best possible service, we store your personal data and/or personal data from individual contacts within your organisation and keep (un)structured records of our interviews, meetings, registered vacancies and placements. From time to time we may ask you to participate in a customer satisfaction survey. We consider this use of your data to be necessary for our legitimate interests as an organisation providing secondment services to you.
• Supplier data: We store the personal data of individuals within your organisation and your financial data in order to facilitate receiving your services as one of our suppliers and paying for your services.
  All these activities are necessary within the scope of our legitimate interests as a recipient of your services.
• People from whom we receive data from candidates and staff, such as references: If a candidate or prospective staff member has provided you as one of their references, we will use your personal data to contact you for a reference. This is part of the quality assurance procedure and therefore we consider it necessary for our legitimate interests as an organisation that recruits people itself for subsequent placement.
  

Consent
In certain circumstances, we are required to obtain your consent to process your personal data in relation to certain activities. Depending on exactly what we do with your information, this consent will be an opt-in consent.

4 paragraph 11 of the AVG states that (opt-in) consent means: "any freely given, specific, informed and unambiguous expression of will by which the data subject accepts, in a declaration or an unambiguous active act, the processing of personal data relating to him or her."

In plain language, this means that:

• you have to give us your consent freely, without us putting any pressure on you;
• you must know what you are consenting to;
  
• you must have control over the processing activities to which you consent;
• You must give your consent by means of a clear active act.

We will keep a record of consents given by you in this way.
You have the right to withdraw your consent at any time by sending an e-mail to hr@mindwave.be.

Contract
As soon as a contractual relationship exists between the parties, the processing of your personal data will take place on the legal basis of the performance of a contract.

Conducting or defending criminal proceeding

It may sometimes be necessary for us to process personal data and, where appropriate and in accordance with local laws and regulations, sensitive personal data in connection with the conduct or defence of criminal proceedings. The AVG allows this when the processing is 'necessary for the establishment, exercise or maintenance of legal claims or when courts are acting in the exercise of their jurisdiction'.

The provisions contained in this section are applicable in addition to the General Provisions (section I) if and to the extent that you make use of the MindWave CV Website.

Website

MindWave CV is responsible for the content of the Website www.mindwave.been all websites that MindWave CV operates.

The Website of MindWave CV is public and accessible worldwide, with the exception of the Portal(s) and/or Community Network(s) present on the Website.

Each Data Subject may visit the MindWave CV Website without providing MindWave CV with their Personal Data.

References and links

The website of MindWave CV sometimes contains references and/or hyperlinks to one or more websites of third parties. MindWave CV is in no way responsible for how these third parties deal with privacy laws. MindWave CV therefore recommends that you read the privacy policies of these third parties' websites to be aware of how these third parties deal with your Personal Data.

Use of log files

The MindWave CV Website automatically collects certain non-identifiable information about visitors to its Website, including the Internet Protocol (IP) address of your computer, the date and time of access to the Website, the Internet address of the website from which you linked to the MindWave CV Website, the IP address of your Internet Service Provider, your operating system, the sections, information and pages of the Website that you visited and/or viewed, as well as the materials that you transmit or download from the Website. This technical information is used to administer the Website and to optimize MindWave CV's Website and services. In addition, this data may be used for historical, statistical or scientific purposes. The stored technical data may be passed on to third parties and may be permanently stored for future use.

Cookies

1. General information about our Cookie Policy
   We try to give you, as a visitor of our site, the most pleasant experience possible. In addition, we try to offer information tailored to your surfing profile. One of the ways we do this is by using cookies.
2. What are cookies?
   Cookies are small text files created by the web server that are stored on the device you use to visit this website. Cookies are stored on the hard drive of your PC or in the memory of your smartphone or tablet. A cookie usually contains the name of the website from which the cookie originated, the cookie's "lifetime" (i.e. how long the cookie will remain on your device) and a value which is usually a randomly generated unique number.
3. What are cookies used for?
   We use cookies primarily to improve your user experience and make our online services work better for you. Cookies generally make the interaction between you and the website or (mobile) application you visit easier and faster. For example, they help you navigate between different parts of a website. Moreover, if a cookie enables us to identify you, you do not always have to enter the same information, such as your login details.
   We also 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 track your surfing behaviour. How did you find our website? How long did you use it? Statistical results allow us to improve our websites where necessary and to anticipate the preferences and needs of you and all our other users. Finally, we can use this data to fulfil certain reporting obligations.
4. What types of cookies do we use and for what purposes?
   1. Functional Cookies
      Functional cookies remember information you enter or indicate on different pages. So you don't always have to fill in or indicate all your details or preferences again. They allow you to respond to our websites and optimise the appearance of our website.
   2. Analytical Cookies
      Analytical cookies collect general information about how our online services are used. We can make statistical analyses of the information we obtain in this way. How did you get to our webpage? On which section or page do you spend most time? Statistical results allow us to make the structure, navigation and content of our online services as user-friendly as possible and to improve them.
   3. Social media cookies
      Social media cookies are used to enable the integration of social networking sites on our websites. For example, they make it possible to share information you find interesting with friends or colleagues. They also inform us whether you have come to our site via social media, for example.
      
5. An overview of the cookies we use
   Which cookies we use depends on which part of our website you end up on. Below is an overview:
   Google Analytics: Reports on the use of pages, online forms, documents and other parts of our website.
   
6. How can I manage or delete cookies?
   Most browsers are set to accept cookies automatically. You can change your browser settings to block cookies or to alert you when a cookie is placed on your device. You can also delete cookies from your device manually or have your browser do this automatically after each visit to the website. Please consult the help function of your browser to do this.
   If you disable the cookies used by this website, this may mean that you are unable to visit certain areas of the website or that certain settings are not remembered when you later return to this website. For example, certain pages will not open, certain videos will not play or certain data will not be saved for automatic completion on your next visit.

If you have any questions, comments or complaints regarding this Privacy Statement and the way MindWave CV registers, uses and processes your data, you can communicate them by e-mail to hr@mindwave.be or send a letter to Guldendellestraat 59, 3070 Kortenberg.

MindWave CV will inform you as soon as possible, and in any case within one month after receipt of the request, of the action taken by MindWave CV on the request:

• Acceptance of the request
• Impossibility to inform you within one month of the outcome of the request due to the complexity of the request.
• Refusal of the request and the possibility to complain to the supervisory authority or to appeal to the court.
• The need for additional information in case of doubt about the identity of the requester.

Requests are in principle granted by MindWave CV free of charge unless your request is manifestly unfounded or excessive, in particular due to its repetitive nature. In that case, MindWave CV may charge a reasonable administrative fee or refuse the request.

You also have the right to lodge a complaint with the Belgian Data Protection Authority, rue du Mail 35, 1000 Brussels, Tel +32 (0)2 274 48 00, Fax +32 (0)2 274 48 35, e-mail: commission@privacycommission.be .