Privacy Statement
1. Definitions
- Editor: the individual responsible for editing personal information
on behalf of the responsible party, without the direct consent of
the latter.
- File: every structured set of personal information – regardless of whether this set is centralised or dispersed in a functional or geographic manner – that is accessible under certain conditions and pertains to different individuals.
- Individual: the individual or group of individuals to whom personal information pertains.
- Maecon Groep BV: based in Heerlen with offices in:
Kruisstraat 1, 6411 BP, Heerlen
Mijnweg 3, 6167 AC, Geleen
Vrijlandstraat 33d, 4337 EA, Middelburg
- Personal information: any information that can be traced back to an individual.
- Personal information administrator: the individual responsible
for maintaining the daily registration of personal information, in
part or in full, as authorised by Maecon Group management. The personal
information administrators are the regional managers of Maecon Groep
BV.
- Personal registration/registry: a coherent set of information collected
from individuals in an automated manner to ensure effective consultation
of the information.
- Personal registration user: individual authorised to enter, modify
and/or export information in and from the personal registration system
in order to execute activities on behalf of Maecon Groep BV.
- Processing personal information: any action or set of actions involving
personal information, including but not limited to collecting, documenting,
organising, storing, editing, modifying, requesting, consulting, using,
disclosing, distributing, providing, combining, connecting, protecting,
deleting or destroying said information.
- Provision of personal information from the personal registry: the
disclosure or provision of personal information collected via the
personal registry or obtained in connection with other data.
- Reintegration counsellor or job coach: the individual responsible for supervising the candidates and assisting them in seeking (regular) employment and coordinating the approved trajectory with the candidate.
- Responsible party: the individual(s) responsible for managing the personal registration, in this instance Maecon Groep BV management.
- Third party: individuals other than the party involved, the responsible
party or the editor authorised by the responsible party or editor
to process personal information.
2. Scope and use
2.1 These regulations apply to the fully or partially automated processing
and manual processing of personal information stored in files or intended
to be stored in files.
2.2 Personal information is stored both automatically and manually.
The physical data is stored in locked areas and is only accessible
to authorised employees at Maecon Groep BV. Access to computer files
is only granted to authorised individuals with the necessary password
and rights to the automated system.
2.3 The registry is subject to article 9 of the Act implemented on
5 April 2001, concerning the rules and regulations pertaining to the
protection of personal information.
3. Objective
The objective is to promote the reintegration of unemployed individuals
into the sustainable labour market or supervise these individuals
during their transition from one job to another.
The individual responsible for personal registration will only include relevant personal information in the registry and will not include any information to be used for any purpose other than those outlined in section 3.1.
Personal information may only be used in accordance with the stipulations outlined in this regulation.
4. Registered information
4.1. The information included in the personal registry includes:
- name and address, date of birth, gender, marital status, nationality
and identification
- information pertaining to legal residency in the Netherlands
- information pertaining to education, employment history, interests
and preferences
- information pertaining to living situation
- tax number, bank account number
- information pertaining to (progress) trajectory
- information pertaining to new employment
- information pertaining to medical restrictions and sick days, based
on article 21, section 1, subsection f of the Dutch Act implemented
on 5 April 2001 stipulating the rules regarding the protection of
personal information (administrative bodies, pension funds, employers
or institutions working to reintegrate or supervise employees or beneficiaries
due to illness or disability)
4.2. Personal information will only be processed pending the explicit
consent of the individual involved. If the individual is a minor under
the age of sixteen or has been placed under guardianship or mentorship,
explicit consent must be requested from the legal representative instead.
5. Inspection of registered information
5.1 The registered individual is entitled to request personal information
from the responsible party freely and at reasonable intervals.
5.2 The request outlined in 5.1 should be submitted in writing to
the responsible party. The latter will discuss the request with the
reintegration counsellor or job coach.
5.3 The request will be processed within four weeks of written submission
and the registered individual will receive a notification.
5.4 The right to inspection will be granted after proof can be demonstrated
regarding the information pertaining to said individual. The applicant
must provide valid identification in advance.
5.5 The applicant has the right to photocopy the information outlined
in section 4 above.
5.6 Inspection is free of charge, but the copies will be provided
at a cost.
5.7 Inspection of information will also be granted to a legal representative after submission of explicit written consent on behalf of the registered individual.
6. Mutation and destruction of information
The mutation and destruction of information is possible in accordance
with article 36, 37 and 38 of the Dutch Act implemented on 5 April
2001 and subject to the regulations concerning the protection of personal
information.
6.1 (art. 36)
1. The individual to whom inspection of personal information is granted
in accordance with article 35 may request authorisation to modify,
improve, augment or remove or block this information if it is inaccurate
for the purposes of preventing the processing of information that
is incomplete, inaccurate or in violation of the statutory provisions.
2. The responsible party will notify the applicant within four weeks
of receiving the written request. A refusal to do so must be fully
substantiated.
3. The responsible party must ensure that a decision to improve, supplement,
remove or block information is processed and conducted as quickly
as possible.
4. If the personal information is stored in an information carrier
that does not allow for modifications, the responsible party must
inform the user of the inability to improve, supplement, remove or
block this information despite the fact that the user has the right
to such alterations in accordance with this article.
6.2. (art. 37)
1. If the interests of the user so demand, the responsible party must
process a request as outlined in articles 35 and 36 in a form other
than a written application, to meet the needs of the user.
2. The responsible party must be able to accurately determine the
identity of the applicant.
3. Requests as outlined in articles 35 and 36 must be submitted by
legal representatives if the individual is not yet sixteen years of
age or under legal guardianship or mentorship. The relevant documentation
is also the responsibility of the legal representatives.
6.3. (art. 38)
1. The responsible party that has improved, supplemented, removed
or blocked personal information upon request and in accordance with
article 36 is required to notify all relevant third parties of these
changes unless this involves a disproportionate amount of effort.
2. The responsible party shall inform the applicant, as outlined in
article 36, of all third parties privy to this information.
7. Provision of information
7.1 Information from the personal registry can be provided to:
- the reintegration counsellor, job coach or substitute(s)
- the CWI (Centre for Work and Income)
- the municipalities
- the UWV (Institute for Employee Benefit Schemes)
- the health insurance agency
- the Dutch tax authorities
- the Ministry of Social Affairs and Employment
- the employer and sector or branch organisations
8. Access to personal information
8.1 The reintegration counsellor, job coach or substitute responsible
for collecting the information has unrestricted access to the personal
information. The administrator and editor also have access to any
information necessary for administering or editing said information.
8.2 The responsible party does not have access to the personal information
unless their duties and responsibilities so require.
8.3 Individuals who, on behalf of the responsible party, have access
to personal information and who by the nature of their office, profession
or legal provisions are not sworn to secrecy, are still required to
keep all personal information they acquire strictly confidential unless
required otherwise by a legal provision.
9. Retention period9.1 Personal information will not be retained for a period longer than that required to identify the individuals involved or process and meet the objectives for which the information was collected.
9.2 Personal information may be stored for a period longer than the one outlined in the article above for historical, government or scientific reasons, given that the responsible party has taken all necessary measure to ensure that this information is exclusively used for such purposes.
9.3 In accordance with the Individual Reintegration Agreements (IRAs),
upon termination of the UWV-approved agreements all personal information,
data or findings will be destroyed 2 years after termination of services.
10. Termination of contract with Maecon Groep BV
Upon termination of a contract with Maecon Groep BV by the client, all registered information will be transferred to the new executive body pending the written consent of all involved participants.
11. Complaints
11.1 If the registered individual believes that the stipulations outlined in this regulation have not been upheld, or if said individual has complaints regarding these stipulations, s/he must notify the party responsible for registration.
11.2 If the complainant is unsatisfied with the results, s/he can contact the Dutch Data Protection Authority to request mediation or advice regarding the dispute with the responsible party. The complainant should be notified of the ruling within two months.
11.3 If the responsible party does not notify the complainant within
two months, the complainant should contact the Dutch Data Protection
Authority within two months of this deadline.
12. Duration of regulation
In accordance with any and all legal stipulations, this regulation
will be effective for the entire duration of the registration as outlined
in article 2.1.
13. Transfer of registration
13.1 The Dutch Data Protection Authority must be notified of the transfer
of registration to another responsible party in accordance with article
28 of the Dutch Act implemented on 5 April 2001 and in line with the
rules pertaining to the protection of personal information.
13.2 The registered individual will be notified via an announcement
in the regional newspaper of this intended transfer. The registered
individual active in an employment project at the moment this transfer
is announced will be personally notified. This notification will include
the motivation(s) for transfer and the new responsible party.
13.2 The transfer may be officially appealed within two months of
notification. If such an appeal is lodged, the responsible party is
required to consult with the registered individual to determine what
is to happen with the information. If destruction of this information
is desired based on the reasons outlined in article 6 of this regulation,
this must be realised free of charge within three months.
13.3 If registration is transferred to a different responsible party,
the stipulations outlined in this regulation will apply.
14. Changes to regulation
14.1 Changes to this regulation will be determined and implemented
by the responsible party.
15. Implementation of regulation
15.1 This regulation was implemented on 23 June 2008.
Copyright © 2011 Maecon
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