Introduction
This is the Privacy Statement of YER Nederland B.V. (Btw: NL808783713B01, Kvk: 34131598) and its subsidiaries YER Professional B.V. and YER Engineering B.V. (“YER Group”). YER Group is the party responsible for processing data (the “Controller” as defined in the General Data Protection Regulation).
YER Group is an organization that connects candidates and employers. It holds personal data of both candidates and employers/clients for this purpose. YER Group warrants the careful and discreet handling of these personal data, respecting the interests of all parties involved. YER Group also takes the utmost care to safeguard the privacy of visitors to this website. Feel free to browse the site as often as you like and familiarize yourself with its contents without obligation. This Privacy Statement describes which personal data YER Group collects and for which purpose. Personal data are treated with the utmost care and secured in accordance with the relevant statutory requirements, including the General Data Protection Regulation (EU Regulation 2016/679).
Why we collect your personal data
We process your personal data to provide our services, including placement, temporary employment, recruitment and selection, personal development and employability, and payroll administration.
More specifically, your personal data are processed:
· to verify your identity
· to provide you with offers and/or information about our services and other activities and to better match these to your requirements and qualities. Our team members do this, with some automated features (e.g. a job alert service)
· to be able to assess your suitability and availability for placement in a permanent or temporary job or an assignment, which can include using test results, reference checks, social media (if relevant to the position and indicated in the job posting), and so on
· to establish and maintain an employee or staffing/placement relationship with you and to perform the relevant administration for this purpose
· to be able to document an assignment with the client in an agreement and to maintain and perform the agreement with the client
· to promote your personal development and employability, including training, education, and testing.
· to be able to contact you and respond to your questions
· to complete your request for information and manage any complaints
· for management purposes, including management information, arranging internal checks, corporate security, and conducting accounting and other audits
· for quality purposes such as certification
· to apply for grants, contribution discounts and similar items
· to have an employee relationship with you and comply with laws and regulations, including, but not limited to, identification, labor legislation, tax and social security legislation, combating fraud, and national and international sanctions legislation
· to contact you in connection with participating in a competition and/or events.
Grounds on which we process personal data
We need a basis from the General Data Protection Regulation to use your personal data.
These include:
· you have given YER Group express consent
· the use is necessary to perform or enter into an agreement with you
· the use is necessary to fulfill a legal obligation
· in emergencies: the use is necessary to protect your or someone else’s vital interest
· we have a legitimate interest in the use unless this is outweighed by your interest or a third party’s interest in privacy.
YER Group may rely on these legitimate interests:
· protecting your safety
· quality and training purposes
· facilitating IT management and improving security
· analyzing and improving the services and content of our websites
· improving, adapting, supporting, researching, and analyzing our services
· promoting the quality and safety of our services
· communicating with you and other YER Group customers
· preventing and deterring fraud, unauthorized use, and violations of our conditions and policies or other harmful or illegal activities.
When we collect your personal data
We collect your personal data as soon as you enter or leave your personal data on our website or otherwise register or are registered to use our services.
We may also collect personal data from you if you have posted on public sources (such as job boards like LinkedIn, Monster, etc.) that could signal your interest in work-related services. If so, we may contact you to see if you are interested in registering with us in accordance with our conditions and subject to this Privacy Statement.
Which personal data we record
We process the personal data that are necessary for our services. Some of these personal data are required to use our services. Additional data may be appropriate to better tailor our services to your requirements and qualities or to fulfill more specific requests or obligations from clients. You are responsible for the accuracy and relevance of the personal data you provide. If you’re not interested, we’ll respect your request not to be contacted by us.
Except as required to comply with its legal obligations, YER Group does not process special personal data (data concerning race, religion, beliefs, health, political affiliation, trade union membership, genetic data, biometric data, criminal activities, sexual life, or criminal offenses) in principle.
More specifically, this includes, but is not limited to, these personal data and documents containing personal data:
If you wish to be placed or are placed (candidates):
· name and address details, email address, and other contact information
· birth details, age, and gender
· letter of motivation, resume, information about education, internships, and work experience
· training and education details
· other information that is or could be relevant to assessing eligibility, such as references and testimonials.
Besides the above, if you will be working/work/have worked for YER Group:
· nationality, citizen service number, ID document, and work permit
· other details relating to personnel, salary, and sickness absence registration
· assignment-related statements including, but not limited to, a certificate of good conduct (VOG), under the Financial Supervision Act (Wft), and pre-employment screening (PES) report.
If you are a business contact of YER Group (customer/supplier):
YER Group processes the personal data of data subjects working for corporations with which we do business. This communication involves making offers, providing information about our services, maintaining a business relationship, and entering into and maintaining an agreement for services. For this purpose, YER Group processes:
· name, position, telephone, email address, and other contact details
· relevant details about the organization with which business is conducted.
With whom we share your personal data
We only share your personal data with third parties if necessary to allow third parties to work on YER Group’s instructions and only for the purposes described in this Privacy Statement. If we hire a third party, we ensure that this third party maintains the same level of security and confidentiality as we do. YER Group remains responsible for processing your personal data. YER Group enters into agreements with third parties to ensure that your personal data are properly protected.
YER Group may share your personal data with a third party, such as a potential buyer or seller, because of a merger, acquisition, or sale of all or part of its organization. Naturally, we will notify you of this by email and/or a prominent notice on the website and inform you of your rights in this situation.
If you wish to be placed or are placed (candidates):
YER Group may share your personal data among its affiliated entities, its clients, suppliers (e.g. résumé data processors) who provide services or perform assignments on its instructions, government agencies, and other business partners. This also applies in all other cases in which we are required to do so, for example, under a court order or judgment.
If you will be working/work/have worked for YER Group:
The same applies as to you as a candidate for this purpose.
Personal data are provided on the basis of a legitimate interest, legal obligation, and/or to perform the agreement in accordance with the purposes listed under “Why we collect your personal data”.
If you are a business contact of YER Group (customer/supplier):
YER Group may transfer personal data obtained from its business contacts if this is necessary to achieve the objectives of the business relationship or for the purpose of the placement. These personal data may be transferred from YER Group’s entities to applicants or candidates, business partners and subcontractors (such as data processors) who provide services on its behalf, and in any other case in which YER Group is required to do so, such as under a court order or judgment.
We use the Leadinfo service from Rotterdam to measure the business use of our website. This service shows us business names and addresses based on our visitors’ IP addresses. The IP address is not included as part of this process.
How long your personal data is retained
Retention periods vary depending on the type of service provided and the applicable legal retention periods. YER Group never retains personal data longer than necessary for the purpose of processing. YER Group retains your personal data for as long as we deem it necessary to provide services, to enable you to use the website, to comply with applicable laws, to resolve disputes with parties, and otherwise to the extent necessary to conduct our business.
If you wish to be placed or are placed (candidates):
Unless you consent to YER Group retaining your data longer, we will delete your placement data (resume, work experience, education, test results, etc.) no later than four weeks after the end of the application process. If you consent to us retaining your data longer, we will delete your personal data after two years.
If you will be working/work/have worked for YER Group:
Your personal data are available for you to be placed or be placed again up to two years after the end of employment.
For purposes such as claims, audits, and tax obligations, longer retention periods may be required for certain personal data. However, these data are only accessible to YER Group employees on a limited basis.
If you are a business contact of YER Group (customer/supplier):
Your name and contact details are retained as long as this is relevant to the purpose for which they were recorded. Business contact details will be updated or removed if they are no longer relevant.
Your rights
1. You have the right to request access to any personal data we process about you. However, requests for access that are clearly intended to inconvenience us or cause us damage will not be processed.
2. You have the right to request us to rectify, free of charge, any personal data relating to you that is incorrect or inaccurate. If you make such a request, you must also provide proof that the personal data for which rectification is requested are incorrect.
3. You have the right to withdraw your consent to the processing of your personal data. You can withdraw your consent at any time by sending an email to dpo@yer.nl
4. If you withdraw your consent to processing of your personal data, you have the right to request that your personal data be deleted. You should note, however, that we will consider a request for deletion under any legal or regulatory obligations or administrative or judicial orders that may prevent us from deleting the personal data concerned.
5. In lieu of deletion, you may also request us to restrict processing of your personal data if (a) you dispute the accuracy of such data, (b) the processing is unlawful, or (c) the data are no longer necessary for the purposes stated, but you need them to defend yourself in legal proceedings.
6. You have the right to object to processing of personal data if you can demonstrate that there are serious and legitimate reasons relating to special circumstances that justify such an objection. However, if the intended processing is classified as direct marketing, you have the right to object, free of charge and without justification, to such processing.
7. If your personal data are processed on the basis of consent or on the basis of a contract and the processing is carried out by automated means, you have the right to receive the personal data that you have provided to us in a structured, commonly used, and machine-readable format and, where technically possible, to have those data directly transmitted to another service provider. The technical feasibility of this is solely at our discretion.
8. You have the right to data portability. This is the right to have personal data transferred to another party.
9. You also have the right to request not to be subject to a decision based solely on automated processing.
Security
YER Group does its utmost to protect your personal data against unlawful use. We do this by implementing appropriate physical, administrative, organizational, and technical measures. For example, only authorized people can access the data. If and to the extent that data are provided to data processors who provide services or perform assignments on behalf of YER Group, a processing agreement will have been entered into with YER Group stipulating that they must also provide optimal security for personal data. Access by our employees or employees of our external processors is also subject to strict confidentiality requirements.
Where we process data
We and our external processors will only process your identifiable personal data outside the European Economic Area (EEA) if we have a legitimate basis to do so.
If such a transfer occurs, we will ensure appropriate safeguards to protect the security and integrity of your personal data. All rights regarding personal data that you may have under applicable mandatory law are guaranteed and the necessary legal protection mechanism is in place.
Automated decision-making
If necessary, YER Group may make decisions based on automated processing about matters that could affect you, even significantly. Automated decisions are decisions made by computer programs or systems without any human involvement (for example, a YER Group employee). Example: if fraudulent activity is suspected, we can block you from using our websites.
Questions, comments, complaints, or actual or suspected data breaches
If you have questions, comments, or complaints about YER’s protection of your personal data, email us at dpo@yer.nl or write to us at YER Netherlands, attn. Legal Affairs Department, Hogehilweg 16, 1101 CD, Amsterdam.
If you remain dissatisfied with our response, you can file a complaint with the competent data protection authority. You can file a complaint by clicking on this link (only available in Dutch): Dutch Data Protection Authority.
Report any actual or suspected data breach immediately at yer.nl/datalek-melden
Amendments
YER Group may from time to time make changes, additions or amendments to its Privacy Statement for various reasons. The latest version of this Privacy Statement is always available on the yer.nl website. We recommend that you check this statement regularly.
This Privacy Statement was last updated on May 1, 2023.