Focus on Talent Ltd. is a selection, recruiting and assessment centre office active in the medical sector, whose registered office is located at Vlieghavenlaan 13, 3140 Keerbergen, Belgium and which is registered in the Crossroads Bank of Enterprises under number 0846.320.446 (“Focus on Talent”).
- Legal Framework
(1) the Belgian Data Protection Act of 8th December 1992 on the protection of privacy in relation to the processing of personal data (as amended, modified and/or completed from time to time) (the “Privacy Act”);
(2) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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) (“GDPR”); and
(3) all other applicable legislation regarding the protection of privacy and the processing of personal data;
(together or separately, the “Privacy Legislation”).
- Use, collecting and processing of personal data
You hereby give Focus on Talent your free, specific, informed and unambiguous consent to request, collect and process all personal data that can be useful for the Purpose, such as: your name, surname, company name, address, e-mail address, salary, phone number, VAT-number, language of preference, professional experience, skills, link to your LinkedIn profile, picture or image, motivation, resume, feedback etc. in this context.
You guarantee as a candidate/prospect on the one hand and as a customer/recruiter on the other hand that the personal data you have provided to Focus on Talent are correct and complete.
By sharing your personal data with Focus on Talent and/or in appealing on the selection, recruiting and assessment centre services of Focus on Talent, the latter is entitled to collect, use, process or let process the personal data mentioned in article 3.1 and to transfer it to data processors and, with your permission, to candidates/prospects or customers/recruiters, to:
(1) achieve the Purpose;
(2) execute the contract(s) that will be or have been concluded with you or your employer, legal entity or organization;
(3) prospect new parties;
(4) better understand your needs and preferences as a candidate/prospect on the one hand or as a customer/recruiter on the other hand and to adjust these needs and preferences;
(5) inform you about the activities and the developments in the health sector and/or the operation and/or the offer and/or the needs of Focus on Talent or of (potential) candidates/prospects on the one hand or customers/recruiters on the other hand;
(6) provide direct marketing regarding its activities, such as updates, newsletters, and other information that may be useful to you in the context of recruitment and selection in the medical sector;
(7) inform third parties (e.g. subcontractors, partners or contracting parties); build and manage a customer and supplier file;
(8) acquire statistical data; and/or
(9) comply with the applicable regulation.
To this end, Focus on Talent can transfer your personal data to third parties: either, with your permission, to candidates/prospects or customer/recruiters, or either to processors of personal data. These third parties can either be located within or without the European Union. This personal data relating to individuals can thus be transferred to companies located outside the territory of the EU, notwithstanding the fact whether or not this EU-country provides the same guarantees to provide an adequate level of privacy protection.
Focus on Talent cannot be held liable for the use of your personal data by third parties, being data processors and, with your permission, either candidates/prospects or either customers/recruiters.
Focus on Talent will store the personal data for as long as you are a potential candidate/prospect or customer/recruiter of Focus on Talent, unless you explicitly request Focus on Talent not to do so in accordance with article 5.
- Legal basis and applicability
Focus on Talent has the following legal grounds for the processing of your personal data:
(1) the oral or written, formal or informal contract you have entered into with Focus on Talent in connection with its activities as set out above (e.g. your mere appeal on the selection, recruiting and assessment centre services of Focus on Talent and/or the preparations and/or all related services herewith implies a contract);
(2) the free, specific, informed and unambiguous consent of the data subject concerned to Focus on Talent, its partners (e.g. subcontractors, partners or contracting parties) to process its personal data. You can give your consent by any means, such as, but not limited to mail, e-mail, an online or offline consent form or orally;
(3) a legal obligation; and/ or
(4) a legitimate interest of Focus on Talent.
Focus on Talent acts as the controller and processor of your personal data, which it can obtain (i) directly from you, or (ii) indirectly through third parties, such as your employer, your organization, online and offline research, subcontractors, its partners or its contracting parties.
Providing personal data to Focus on Talent and/or entering into a contract with Focus on Talent, implies that you:
As a consequence, you hereby expressly grant Focus on Talent permission to use your personal data to accomplish the Purpose.
The Privacy Legislation provides you with a number of rights in relation to your personal data. You have the right, free of charge:
(1) to have access to and receive a copy of your personal data;
(2) to have your personal data corrected in case of errors;
(3) to have your personal data erased in case:
a) your personal data are no longer necessary to achieve the Purpose;
b) you withdraw your consent and there is no other legal ground for the processing of the personal data;
c) you object to the processing of the personal data and there is no other legal ground for the processing of the personal data;
d) the personal data have been unlawfully processed;
e) there is a legal obligation to erase the personal data;
(4) to have the processing of your personal data restricted;
(5) to request that your personal data are transferred to a third party;
(6) to object against the processing of your personal data, in particular the processing in light of direct marketing purposes;
(7) to withdraw your consent pursuant to which Focus on Talent is allowed to process your personal data;
(8) to lodge a complaint with the Commission for the Protection of Privacy if you are of the opinion that the processing of your personal data violates the Privacy Legislation.
In case you want to exercise the above rights, and provided you prove your identity (copy of the front page of your identity card), you can send a written, dated and signed request by e-mail to Focus on Talent firstname.lastname@example.org.
- Security and liability
Focus on Talent acts as the controller of your personal data.
Focus on Talent commits to take (or have) all reasonable measures (taken) to its best ability to safeguard the protection of the personal data through technical safety measures and an appropriate safety policy for its employees. The personal data are stored with Focus on Talent or, if applicable, with the processor of the personal data on the cloud or the servers, in Belgium or elsewhere. You acknowledge and accept that the transfer and storage of personal data is never without risk and consequently, the damage that you may suffer from the unlawful use of your personal data by third parties can never be collected from Focus on Talent.
- Applicable law and competent court
You agree that all disputes between you and Focus on Talent regarding personal data and privacy issues, are exclusively subject to Belgian law, excluding any conflict of law principles.
Every dispute regarding personal data and privacy issues belongs to the exclusive jurisdiction of the courts of Leuven, excluding any other court