A. GENERAL PROVISIONS
Article 1 Definitions
In this Privacy Statement the following terms are capitalised. These terms shall have the following meanings.
1. Privacy Statement: Unique Nederland B.V.’s present Privacy Statement.
2. Personal Data: any information that directly or indirectly identifies or may directly or indirectly identify the Data Subject.
3. Controller: USG People The Netherlands B.V. is the controller within the meaning of Section 1 (d) of the Netherlands Data Protection Act [Wet bescherming persoonsgegevens - Wbp].
4. Unique Nederland B.V.: Unique Nederland B.V. B.V., as well as its affiliated companies trading under the name of NAAM. Unique Nederland B.V. has its registered office and principal place of business at Landdrostdreef 124, 1314SK Almere (PO Box 1, 1300AA Almere).
5. Data Subject: a private individual providing one or more of his Personal Data to Unique Nederland B.V.. This may be an Employee or potential Employee of Unique Nederland B.V., or a Candidate or potential Candidate, or a Participant or potential Participant in an Educational Programme to be provided by Unique Nederland B.V., or a private individual working for a Client of Unique Nederland B.V.’s as a result of or through the intermediary services of Unique Nederland B.V..
6. Employee: a private individual employed by Unique Nederland B.V., for the purpose of performing work at or for Clients of Unique Nederland B.V.'s.
7. Candidate: a private individual who has registered with Unique Nederland B.V. for internal or external job placement services or to obtain assignments (either in the Unique Nederland B.V.’s employ or otherwise).
8. Participant: a private individual who has enrolled in an Educational Programme organised (inter alia) by Unique Nederland B.V..
9. Educational Programme: a session organised by or on the instructions of Unique Nederland B.V. for the purpose of transfer of knowledge and/or skills. An Educational Programme may also be referred to (inter alia) as a training session, workshop, seminar, theme day and/or training course.
10. Client: a private individual or legal entity granting Unique Nederland B.V. an assignment or entering into an agreement for professional services with Unique Nederland B.V. in the field of job placement services, supply of work capacity and/or execution, or having third parties execute, projects, all in the broadest sense.
11. Profile: the Data Subject’s profile containing information on his education, work and other experience, as well as all other information relevant to the job placement services, supply of work capacity and/or execution of projects.
12. Company Magazine: the magazine, either in digital form or otherwise, published by or on the instructions of Unique Nederland B.V..
13. Website: the website or websites operated by Unique Nederland B.V., including www.MijnUnique.nl, and the Portal or Portals and Community Network or Community Networks available on such website or websites.
14. Portal: a protected section on Unique Nederland B.V.’s website or websites that can be accessed only using a user name and password allocated by Unique Nederland B.V.. A Portal is also sometimes referred to as a personal account.
15. Community Network: the protected social network on Unique Nederland B.V.’s website or websites that can be accessed only using a user name and password allocated by Unique Nederland B.V..
16. CBP: The Netherlands Data Protection Authority is the national supervisor monitoring compliance with laws in the Netherlands on the use of personal data.
Words in singular shall also refer to the plural and vice versa. Any reference herein to he/his/him shall include she/her.
Article 2 Applicability
1. This Privacy Statement shall apply to registration and processing of all Personal Data to be provided by the Data Subject to Unique Nederland B.V. in any way whatsoever.
2. The Controller and Unique Nederland B.V. highly value the privacy of the Data Subject providing Personal Data to Unique Nederland B.V.. Unique Nederland B.V. shall use the Personal Data provided to it by the Data Subject only for the purposes described herein and shall comply with the prevailing legislation and regulations on the protection of Personal Data.
3. To the extent that notification of the processing of Personal Data to the Netherlands Data Protection Authority is required pursuant to applicable regulations, such notification shall be given on behalf of the Controller. In such event these notifications shall be available for inspection in the Wbp notification register which is publicly available on the website of CBP: http://www.cbpweb.nl.
Article 3 Provision of Personal Data
In order to be able to use the services of Unique Nederland B.V. the Data Subject is to provide the Personal Data required for the services of Unique Nederland B.V..
Article 4 Purposes of Use
1. The Personal Data provided by the Data Subject to Unique Nederland B.V. shall be processed for the following purposes:
a. effecting and administering the Data Subject's registration;
b. verifying the completeness and correctness of such data;
c. granting the Data Subject access to and allowing the Data Subject to use the Portal or Portals and/or the Community Network or Community Networks of Unique Nederland B.V.;
d. allowing the Data Subject to use the Website and services of Unique Nederland B.V.;
e. entering into and maintaining an Employer/Employee relationship or a relationship aimed at acquiring/carrying out assignments with the Data Subject and keeping personnel and payroll accounts;
f. offering the Data Subject work, assignments, Educational Programmes and/or educational facilities, career advice and/or work-related or other services;
g. assessing the Data Subject’s suitability for a certain position or assignment;
h. allowing the Data Subject to participate in online tests provided by Unique Nederland B.V. and generating test results;
i. promoting the personal development of the Data Subject (if and to the extent eligible);
j. bringing the Data Subject into contact or introducing the Data Subject to one or more Clients and/or business relations of Unique Nederland B.V.;
k. informing the Data Subject of similar products and/or services of Unique Nederland B.V.;
l. informing the Data Subject on issues that may, at Unique Nederland B.V.'s discretion, be relevant to the Data Subject (including new or existing vacancies, Educational Programmes organised by Unique Nederland B.V., work-related matters, etc.);
m. informing and/or warning the Data Subject about improper use and/or abuse of its Website;
n. informing and/or warning third parties about improper use and/or abuse by the Data Subject of the Website of Unique Nederland B.V., to the extent necessary to act against and/or limit such improper use or abuse;
o. providing the Personal Data to companies and/or persons engaged by the Controller in the performance of certain duties (processors);
p. analysing the labour market and its own database of Data Subjects;
q. posting the Data Subject’s Profile and/or resumes, with the Data Subject’s express prior consent, whether anonymised or not, on Unique Nederland B.V.’s Website;
r. periodically providing, or having third parties provide, the Company Magazine to the Data Subject (if and to the extent eligible);
s. periodically providing, or having third parties provide, one or more journals and/or magazines relevant to the Data Subject’s professional knowledge, either in digital form or otherwise, to the Data Subject (if and to the extent eligible);
t. informing the Data Subject of the products and/or services of carefully selected partners of Unique Nederland B.V. by posting information on such products and/or services on its Website or by including such information in its Company Magazine;
u. transferring such data to third parties, provided with the Data Subject’s consent;
v. transferring such data for the purposes listed under 4.1 a t of this article to, and/or exchanging such data for such purposes with, affiliated companies of Unique Nederland B.V. within the Controller’s group within the meaning of Article 2:24 b of the Netherlands Civil Code [Burgerlijk Wetboek] if and to the extent such group companies are acting under the name of NAAM or qualify as processors within the meaning of the Netherlands Data Protection Act;
w. providing such data to Unique Nederland B.V.’s affiliates within the Controller’s group within the meaning of Article 2:24 b of the Netherlands Civil Code if and to the extent relevant, at Unique Nederland B.V.’s discretion, for purposes of the job placement services for, or deployment of, the Data Subject, all without such data of the Data Subject ending up in the databases of such affiliated companies.
2. By registering with Unique Nederland B.V. the Data Subject grants Unique Nederland B.V. and/or the Controller the right to use the information provided in his registration for the purposes listed above, to the extent in line with the relationship between the Data Subject and Unique Nederland B.V..
3. The Data Subject may be offered the opportunity to indicate that his Personal Data may also be used to inform him by email, text message or any other electronic means of communication of products and services that are not identical or similar to the services of Unique Nederland B.V., including the products and services of carefully selected partners of Unique Nederland B.V.. The Data Subject may at all times terminate his consent by sending an email to opt-out@Unique.nl.
4. If the Data Subject’s data are used by Unique Nederland B.V. to inform the Data Subject by email, text message or any other electronic means of communication of the similar products and services offered by Unique Nederland B.V., the Data Subject may at all times object to such use by sending an email to opt-out@Unique.nl with the request to discontinue the use of his data for such purpose.
5. If the Data Subject’s data are used by Unique Nederland B.V. periodically to provide, or have third parties, provide the Company Magazine or one or more journals and/or magazines relevant to the Data Subject’s professional knowledge, either in digital form or otherwise, to the Data Subject, all in the broadest sense by email, the Data Subject may at all times object to such use by sending an email to opt-out@Unique.nl with the request to discontinue the use of his data for such purpose.
Article 5 Provision of Data to Third Parties/Publication of Data
1. Unique Nederland B.V. and/or the Controller shall not provide any Personal Data of the Data Subject to any third parties, save if and to the extent that:
a. this is indicated in so many words in the Privacy Statement, in particular in article 4.1;
b. Unique Nederland B.V. or the Controller is entitled and/or obligated to do so pursuant to legislation and/or regulations, or is requested to do so by a government authority or other regulatory body;
c. such provision is necessary, at the discretion of Unique Nederland B.V. and/or the Controller, to protect its rights and/or property (including those of its affiliates), or to prevent a crime and/or to protect national security or the security of its Candidates and Employees;
d. such provision takes place in order to verify the completeness and correctness of the Personal Data provided.
2. Furthermore, the Controller may provide the Data Subject’s data, either through Unique Nederland B.V. or otherwise, to companies and/or persons engaged by it in the performance of certain duties (processors), including companies and persons based outside the Netherlands, including countries that do not have any or any comprehensive privacy legislation, all in accordance with the prevailing privacy legislation and regulations. The companies and/or persons referred to above shall have access to the Data Subject’s Personal Data only if absolutely necessary for the performance of the duties assigned by the Controller and/or Unique Nederland B.V.. The Controller and/or Unique Nederland B.V. shall impose on the companies and/or persons engaged by them not to provide the Data Subject’s Personal Data to any third parties or use such Personal Data for any purpose other than for which they were received. In addition, the Controller and/or Unique Nederland B.V. have taken the necessary measures to ensure that all Personal Data transferred are adequately protected.
Article 6 Processing of Special Personal Data
Unique Nederland B.V. and/or the Controller shall process special Personal Data of the Data Subject only with the express consent of the Data Subject or to the extent that such processing is in accordance with the prevailing privacy and other legislation and regulations.
Article 7 Security and Liability for Third Parties
1. The Controller and Unique Nederland B.V. shall use their best efforts to take suitable organisational and technical measures to protect the Data Subject’s Personal Data from unlawful processing and/or loss. Employees of the Controller and Unique Nederland B.V. having access to the Data Subject’s Personal Data on behalf of the Controller and Unique Nederland B.V. shall be bound by a confidentiality obligation.
2. Despite the security measures taken by the Controller and Unique Nederland B.V., third parties may succeed in avoiding such measures and/or using the Data Subject’s Personal Data for improper purposes. In no event can the Controller and Unique Nederland B.V. be held liable for any such avoidance or use by third parties in any way whatsoever.
3. The Controller and Unique Nederland B.V. accept no liability whatsoever for any damage as a result of the use of the Personal Data by any third party to which such data were provided pursuant to this Privacy Statement or with the consent of the Data Subject. Furthermore, the Controller and Unique Nederland B.V. shall not be liable for compliance by such third party or parties of the prevailing legislation and/or regulations (including privacy legislation).
Article 8 Liability
1. Any liability of the Controller or Unique Nederland B.V. for indirect damage shall be excluded.
2. Any liability shall be limited to a maximum amount of EUR 2,500 per event and a maximum of EUR 5,000 per calendar year.
3. Furthermore, any liability on the part of the Controller and Unique Nederland B.V. shall be limited to the amount to be paid out by its insurer in the relevant event.
Article 9 Right of Access
1. The Data Subject may at all times request the Controller and Unique Nederland B.V., either by email to privacy@usgpeople.nl or by letter to USG People The Netherlands B.V., for the attention of the Legal Department, PO Box 1, NL 1300 AA Almere, to indicate which data the Controller and/or Unique Nederland B.V. are processing in respect of him.
2. In addition, the Data Subject may at all times follow the foregoing procedure to request Unique Nederland B.V. to complete, correct or remove his data.
3. The Controller and/or Unique Nederland B.V. shall respond to any such request from the Data Subject within four weeks.
Article 10 Questions, Observations and Complaints
If the Data Subject has any questions, observations or complaints with respect to this Privacy Statement or the manner in which the Controller and/or Unique Nederland B.V. register, use and process his data, he may notify the Controller and Unique Nederland B.V. thereof by email to privacy@usgpeople.nl or by letter to USG People The Netherlands B.V., for the attention of the Legal Department, PO Box 1, NL 1300 AA Almere.
Article 11 Amendments to the Privacy Statement
1. The Controller and/or Unique Nederland B.V. may at all times amend this Privacy Statement. The Data Subject shall be notified of any such amendment of the Privacy Statement. The current Privacy Statement shall at all times be available for inspection on Unique Nederland B.V.’s Website.
2. If any provision of this Privacy Statement is, fully or partially, void, voidable or contrary to the law, such provision shall be deemed to be severable and not applicable. In such event the Controller shall replace the relevant provision by a provision of the same purport that is not, fully or partially, void, voidable or contrary to the law. The remaining provisions of the Privacy Statement shall at all times remain in full force.
B. ADDITIONAL PROVISIONS
The provisions set forth in this part shall apply in addition to the general provisions (part A) if and to the extent that the Data Subject uses the Website of Unique Nederland B.V. and/or the Controller.
Article 12 Website
1. Unique Nederland B.V. shall be responsible for operation of the Website at www.Unique.nl.
2. Unique Nederland B.V.’s Website shall be publicly and globally accessible, with the exception of the Portal or Portals available on the Website.
3. Each Data Subject may visit Unique Nederland B.V.’s Website without providing his Personal Data to Unique Nederland B.V..
Article 13 References and Links
Unique Nederland B.V.’s Website may contain references and/or hyperlinks to one or more third-party websites. Unique Nederland B.V. shall have no liability whatsoever for compliance or non-compliance by such third parties with privacy legislation. Therefore, the Controller and Unique Nederland B.V. recommend that the Data Subject read the privacy policy on such third-party websites, so that the Data Subject is aware of how such third parties use his Personal Data.
Article 14 Use of Log Files
Unique Nederland B.V.’s Website will automatically collect certain non-identifiable information on the visitors of its Website, including the Internet Protocol (IP) address of the Data Subject’s computer, the date and time of visiting the Website, the internet address of the website from which the Data Subject was linked onto Unique Nederland B.V.’s Website, the IP address of the Data Subject’s Internet Service Provider, the Data Subject’s operating system, the sections, information and pages of the Websites visited and/or viewed by the Data Subject, as well as the material that the Data Subject transmits or downloads from the Website. This technical information shall be used for management of the Website and optimisation of and Unique Nederland B.V.’s Website and services. These data may also be used for historical, statistical or scientific purposes. The technical data stored may be transferred to third parties and may be permanently stored for future use.
Article 15 Cookies
1. To increase the ease of use of the Website “cookies” are used. This is a technology used by the system of the visited Website to install information on the hard disc of the visitor’s computer. Cookies are recognised only by the server from which the visitor has received it. The information obtained by using cookies is used, inter alia, to facilitate the visit to Unique Nederland B.V.'s Website, to recognise the Data Subject as a returning visitor of the Website, to trace his activity on the Website, to anticipate on his requirements, and to complete his Personal Data automatically in online forms.
2. Any advertisements on Unique Nederland B.V.’s Website may also contain cookies or other technologies. Such advertisements may be provided by third parties not controlled by Unique Nederland B.V. and/or the Controller. Therefore, the Controller and Unique Nederland B.V. are not liable for any cookies or other technologies used in such advertisements. Furthermore, the Controller and Unique Nederland B.V. are not liable for the use and publication of information collected using such cookies or technologies.
3. If the Data Subject’s browser so allows, the Data Subject may opt to disable cookies. This may, however, adversely affect the ease of use of Unique Nederland B.V.'s Website.