Privacy Policy 

The protection of your privacy is extremely important to Tobania. We undertake to protect and process your personal data in strict compliance with the law, and to make sure you have the latest information. The purpose of this privacy policy is to fully inform you and to explain how we collect, use and store your personal data. The contractual provisions we agreed with you remain unchanged.  

We invite you to take the time to read this policy to become aware of how we handle this subject. You may object to the processing of your data, as explained in Chapter 6 of this notice. 

1. What is this policy about?

A. What does "processing your data" mean, and who is the controller.

"Processing" means any operation or set of operations which is performed upon personal data such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by means of transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction of personal data.

Tobania NV, with its registered office at 1853 Strombeek-Bever, Romeinsesteenweg 564 bus 4 is responsible for processing the personal data it deems necessary to process. 

We are therefore the party whom you, as well as the supervisory authorities (for example the Data Protection Authority), should contact for any questions you may have relating to the way Tobania uses your data. 

For some services, we rely on specialized partners which, when necessary, act as processors. They therefore have to follow our instructions and adhere to our policy on personal data protection. 

We ensure that our partners receive only the data that are strictly necessary to perform their contractual duties.

We also act as a processor for other entities which may or may not belong to the Tobania Group. In this case, those entities act as controllers for processing personal data. We are thus only following their instructions. 

B. To whom is it addressed?

Those affected by this policy are:
 
  • Customers, sub-contractors, candidates, prospects, website visitors etc. of Tobania who are natural persons;
  • All other natural persons who are involved in any transaction with Tobania as representatives of our customers, sub-contractors, prospects, candidates etc. whether private individuals or legal entities (for example company directors, agents, legal representatives or other contact persons).

This policy does not affect:
 
  • Legal entities.

C. What data are covered by this policy?

The data covered by this policy are personal data of natural persons, which means any data that directly or indirectly enable the person to be identified. 

Whenever you interact with Tobania, we may collect various personal data:
 
  • Identification data: your name, address, date and place of birth, picture, account number, phone number, e-mail address, IP address, household composition, educational history, employment history, references, your qualifications skills,…;
  • Data relating to your behaviour and habits when using our affiliates or our internet websites;

 2. For which purposes are your personal data processed?

Your personal data can be processed for the following purposes:
  • To improve our websites and our services;
  • To fulfill legal and contractual obligations (customers, supplier, employees, …);
  • To market our services;
  • To maintain our business relationship, where you are a user of our website, a client or a candidate;
  • For recruitment;
  • To retain candidate details and notify about future job opportunities;
  • To release personal data in the light of legal and regulatory requirements;

3. What is the lawfulness of processing your personal data?

We process your personal data for different purposes. For each processing, only the data that are relevant to the intended purpose will be processed. 

Generally, we will use your personal data either:
  • As part of performing a contract or taking pre-contractual steps;
  • To comply with all the legal and regulatory provisions that govern us; or
  • For reasons relating to the legitimate interests of Tobania. When we carry out this type of processing, we always seek to maintain the balance between this legitimate interest and the protection of your privacy. We do not use personal data where our interest is overridden by the impact on you (unless we have your consent or are otherwise required for legal and regulatory compliance); 
  • Whenever we have obtained your explicit consent.

4. How do we protect your data?

Access to your personal data is only granted to people who need it to perform their mission. They are required to apply strict professional discretion and must comply with all the technical instructions foreseen to ensure the confidentiality of personal data.
We have set up the highest standard of security when it comes to safeguarding and protecting personal data. By so doing, we want to prevent any unauthorized person from gaining access to, processing, altering or deleting personal data.

5. Who has access to your data and to whom are they transferred?

The people who are authorized to access your data are specifically defined depending on their role.

We transfer your personal data to third parties listed below. If these parties are based in US, we will check if they are a member of the EU/US privacy shield and if they have the required level of security and confidentiality measures.
 
  • To customers in the context of recruitment or temporary employment;
  • To companies which perform business support functions as a processor for Tobania (for example: service provider such as SD Worx);
  • To regulatory and supervisory authorities.

6. What are your rights and how can you exercise them? 

Under the applicable data protection legislation, we will use reasonable efforts to ensure that your personal information is accurate and up to date. Therefore, please advise us of any changes to your information.

You are entitled to request access to the details of personal data we hold about you and to have it rectified or erased as allowed by applicable data protection legislation. You may object to or restrict the processing of your personal data in accordance with the applicable data protection legislation. If the processing of personal data is based on your explicit consent you may withdraw your consent at any time without affecting the lawfulness of processing such data prior to such withdrawal.

You have the right to access the personal data you have provided us, in a structured, commonly used and machine-readable format and you have the right to transmit this data to another controller without consent from us.

In relation to your right to access, you can send us your signed and dated request. Please be as accurate as possible:
 
  • By post to:
Tobania NV
Romeinsesteenweg 564 bus 4
1853 Brussels;
 
In case of disagreement relating to the processing of your personal data, you can submit a request for mediation to the Data Protection Authority at the following address:

Data Protection Authority
Rue de la Presse 35
B-1000 Brussels
Tel.: +32 2 274 48 00
E-mail: contact@apd-gba.be

7. How long do we retain your personal data?

We may not keep your personal data for longer than what is necessary for the processing purposes for which they were collected. We will appropriately and securely dispose of your personal data when it is no longer required. We take into account the sensitivity of your personal data, the purpose and the legal requirements in order to use the appropriate retention period.

General contact details will be stored up for 5 years after the last contact.

We keep basic information about our customers and suppliers for up to 7 years for legal, tax and compliance purposes after the end of the contract.

For more information about our retention policy, please contact privacy@tobania.be.

8. How can I keep up with changes to this privacy policy?

In a changing world, where technology never stands still, this privacy policy may be subject to amendments. We invite you to review the latest version of this policy online. 

9. Contact details

If you have questions about this privacy policy, you can contact Tobania: privacy@tobania.be.